Your Religion, My Body–Happy Mother’s Day

It’s Mother’s Day–an appropriate time to think about human reproduction.

So…let me suggest a science fiction scenario.

We’re 25 years into the future. In reaction to massive population growth, NoNo, a religion encouraging ritual sterilization, has become the majority religion  in the U.S.  Practitioners believe (sincerely and devoutly) that God wants humans to avoid reproduction. (This religion’s conception of Diety is noncommittal on sex–it’s just making babies She is discouraging.)

As this religious community has grown, it has come to control the majority of the nation’s hospitals; well over 60% of them have become part of a national network of medical facilities run by and faithful to NoNo principles.

Our protagonist is not a NoNo, but she lives in a small town with only one hospital, and it is part of the NoNo network. She suddenly becomes ill. She is taken to the hospital in her area, where she is diagnosed with a treatable condition that will require minor surgery–and she’s told that, according to the tenets of NoNo, she will also be sterilized during the procedure. She objects–she’s only twenty, has never had children and desperately wants to be a mother–but her objections are deemed irrelevant. She is deprived of her control over her own body and any chance of having biological children.

Far fetched? Not if you switch the text.

The California Medical Association is seeking to join the ACLU of Northern California in its lawsuit against a Catholic hospital system over one of its facilities’ refusal on religious grounds to allow a doctor to perform a tubal ligation after a planned Cesarean section….

The suit stems from a case at Mercy Medical Center in Redding, one of Dignity Health’s 29 hospitals across the state. Mercy Medical says its refusal to perform the procedure was based on the Ethical and Religious Directives for Catholic Health Care Services, written by the U.S. Conference of Catholic Bishops. The Directives – followed by all of California’s 35 Catholic hospitals – prohibit birth control, abortion and, in most cases, sterilization.

The California Medical Association says hospitals should make decisions that are medically appropriate–and should not make medical decisions that are contrary to best practices for reasons of religious dogma, especially when the patient does not accept that dogma.

Civil libertarians–in this case, the ACLU–say individuals should not have to cede control over their bodies and beliefs in order to receive medical care.

Over the past quarter-century or so, Catholic hospitals have assumed control of a significant percentage of the nation’s hospitals. What the courts need to decide is whether the merger of these hospitals entitles the Church to dictate medical decisions that would at best be considered “non-standard” or at worse would constitute malpractice.

Because God.

Suddenly, my “science fiction” scenario doesn’t look so far-fetched. As I’ve said before–a government with the power to prohibit abortion (or birth control) is a government with the power to require it. As a friend used to put it, poison gas is a great weapon until the wind shifts.

Unless the courts rule otherwise, hospitals with a monopoly on medical care can impose their own rules. Based upon their religious beliefs. No matter which way medical science’s winds blow.

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Why Am I Not Surprised?

The Governor steps in it again.

Gov. Mike Pence is using a recent Indiana Supreme Court decision to argue that he should not be required to release documents that have been deemed by law to be public records.

The Indiana Supreme Court ruled April 19 that it won’t compel lawmakers to release their emails to the public, even though it said the Access to Public Records Act applies to the General Assembly. The court said the separation of powers in the Indiana Constitution means the courts should not tread on lawmakers’ turf.

Now, Pence wants that same logic applied to him.

Of course he does. He also wanted to operate his very own “news bureau,” so that “news” would portray him in a favorable light.

The Indiana Supreme Court’s decision in the recent Koch case dismayed the legal community, for a number of reasons. The Court cited separation of powers–saying that it lacked the authority to overrule the legislature’s own interpretation of the law requiring disclosure.

In the Koch case, Citizens Action Coalition and two other groups the tried to get access to emails between utility companies and Rep. Eric Koch, R-Bedford, who is chairman of the House Energy Committee. The Supreme Court found that determining whether those documents counted under the APRA as legislative work is a “non-justiciable question,” meaning a matter it cannot adjudicate.

In the immigration case, Groth requested the contract the governor entered into with Barnes & Thornburg, who sued for the state instead of Indiana Attorney General Greg Zoeller, as well as copies of firm’s invoices. He also sought emails between the Texas Attorney General, who led the suit, and Pence’s office.

But the documents Groth received back were “heavily redacted,” he said, so he complained to the Public Access Counselor and ultimately filed the suit.

What is at stake here is a basic tenet of good government: are citizens entitled to information about contracts that their elected officials have entered into? Information about the expenses involved? The usual answer is: yes. That’s what is meant by transparency–an important aspect of democratic governance.

If voters cannot access information about the way their government works, they lack important information on which to base their votes. We call that sort of information “accountability.”

Public access advocates say their fears about the recent Indiana Supreme Court decision are already coming true.

Kerwin Olson, executive director of the Citizens Action Coalition, said he was worried the Supreme Court case would have negative, far-reaching implications, and this appears to be one of them.

“The Pence administration is already citing Koch as an additional authority to deny releasing government documents,” Olson said. “it’s quite astonishing and troubling. It further shuts the door to accountability and transparency in government when we should be going the opposite direction.”

The Indiana Supreme Court’s ruling is troubling, and not just because it is an open invitation to Mike Pence and the legislature to shield their actions from the voters. As Steve Key, executive director of the Hoosier State Press Association, noted

“If the judiciary takes this position, it would eviscerate the Access to Public Records Act because every agency would argue that a judge shouldn’t judge whether a document should be released under an APRA request if the agency’s position is that the record is part of its internal operations,” Key said. “The public’s ability to hold government officials accountable would be greatly hamstrung by such a policy.”

Ya think?

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Interim Report on an Interim Committee

As some readers of this blog know, I was appointed to a Special Interim Study Committee on Redistricting, convened by the Indiana Legislature. Yesterday was our second meeting;  we heard three presentations and took public testimony.

The first presentation was… interesting. It was offered by Jim Bopp.

For those who don’t know of him, Bopp is an uber-conservative Indiana lawyer on the wrong side of pretty much everything: he was the architect of –and won–Citizens United, and he has argued against same-sex marriage, reproductive choice….He’s pretty infamous in Indiana but until he appeared before the committee, I was unaware that he had any background in redistricting.

Actually, if his testimony reflected his knowledge of the issue, he probably doesn’t know much about it; he just favors anything that keeps Indiana Republicans in control. (In a later presentation, former Indiana Supreme Court Justice Ted Boehm–an expert on the law of redistricting– noted that Bopp had made several assertions that were factually inaccurate.)

Bopp’s basic argument for keeping redistricting in the legislature was straightforward, if bizarre: Since all choices inevitably have partisan consequences, establishing an independent commission to draw district lines would not be any better than the system we have now. (I am not making this up.)

When Senator Lanane asked him if having elected officials draw their own districts wasn’t an inherent conflict of interest, he disagreed, offering a convoluted argument that allowing lawmakers to choose their voters is no more self-interested than letting people vote for a representative whose policies will benefit them. ( I couldn’t make that up!)

I asked Bopp whether he was familiar with the academic literature suggesting that public trust in the legitimacy of the system improved in states that adopted nonpartisan redistricting. He dismissed the public’s opinion as an artifact of a biased media. I wasn’t sure I’d understood his response, so I asked him a follow-up, “Do I understand you to be saying that the public’s attitude is irrelevant?” and his answer was “yes, because the public’s attitude is the result of propaganda, and is wrong.”

So there.

The other presentations were markedly more substantive and informative. Tom Sugar presented his “No Politics Plan” modeled on the redistricting system used in Iowa. (It can be accessed here.) Judge Boehm led us through the thickets of current constitutional law on the issue. (Most of what he presented is included in my paper on Electoral Integrity: How Gerrymandering Matters, which he was kind enough to review for me a while back.)

When it came time for public testimony, we heard from citizens ( some of whom had come from as far away as South Bend), and representatives of statewide civic organizations. Not surprisingly, all of the public testimony urged reform of the current system.

I am convinced that if the Interim Study Committee acts, it will be because so many citizens turn out every time there is a hearing. This one was on a Thursday afternoon, after relatively short notice, and the hearing room could not hold them all; an equal or larger number was in the hall, watching the proceedings on a television. The message was unmistakable: Indiana citizens want change. They want competitive, meaningful elections. They want trustworthy democratic institutions.

Unlike Jim Bopp, they don’t think the players should get to be the umpires.

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What Winning Looks Like

Bernie Sanders won’t be the Democratic nominee. But he’s winning something more important.

Ed Brayton has the best–and most succinct–analysis of the challenge faced by Bernie Democrats. Over at Dispatches from the Culture Wars, he writes:  

It’s time for Sanders fans — and again, I’m one of them — to shift their focus from winning the presidency to building a real movement to accomplish his primary goal, which is to get the influence of big money out of our political process as much as possible. So what does that entail?

First, it means supporting Hillary Clinton in the general election. What is it that is currently preventing us from passing any meaningful legislation to limit the influence of big money? The Supreme Court’s Citizens United ruling. If the Republicans win, any hope of adding a liberal justice to the Supreme Court that could help overturn that ruling dies for at least the next generation, maybe more. On the other hand, a Democratic president gets to replace Scalia and there would then be a liberal majority on the court and overturning that ruling becomes entirely plausible. Bernie voters who refuse to vote for Clinton, even if they have to hold their nose to do it, will be cutting off their nose to spite their face and dramatically reducing the chances of achieving Bernie’s top policy priority.

Second, it means building up an organization that can recruit, train and fund candidates who share Bernie’s vision of not only reducing the influence of big money, but also favors stronger regulation of big business — the very thing that the outsized influence of their money seeks to prevent. Overturning Citizens United is just the first step. The second step has to be electing people to Congress who will vote for serious campaign finance reform, not the weak sauce that was McCain-Feingold. This requires money, organization, and professionals who know how to run campaigns and how tothink strategically in politics.

You can rage all you want about how unfair the system is, but that rage doesn’t actually change anything if you can’t translate it into effective legislative action. So yeah, Bernie is going to lose the Democratic nomination. That doesn’t mean he’s going to lose the larger battle. Winning that battle is up to his supporters and those who share his vision, but if all you’re going to do is kick and scream and cry about dark conspiracies, you won’t achieve a damn thing. So if you want Bernie to win something more important than the White House, get your heads out of the clouds and get to work.

Bottom line: Sanders faces a challenge. He cannot win the Democratic nomination. Will he do a reprise of the disastrous Nader “If not me, no-one” ego trip–a position that gave the U.S. eight years of George W. Bush and a vastly more dangerous world, or will he be willing to spend the time and political capital to lead the Democratic party to a more progressive place?

I think he has signaled his willingness to do the latter, because I think he cares about the issues he has raised more than his own importance. At a campaign rally in Oregon, he said

“We need to plant the flag of progressive politics in every state in this country.”

Echoing Howard Dean from an earlier campaign, Sanders also insisted that the Democratic Party as a whole must forge a 50-state strategy focused on restoring civic vibrancy and fueling meaningful outcomes on the key issues people care about.

“The Democratic Party has to reach a fundamental conclusion: Are we on the side working people or big money interests? Do we stand with the elderly, the children, and the sick and the poor, or do we stand with Wall Street speculators and the drug companies and the insurance companies?”….

Now our job is not just to revitalize the Democratic Party—not only to open the doors to young people and working people—our jobs is to revitalize American democracy.”

If Sanders can set the Democratic party on the road to realizing that goal, he–and the American political system– will be the ultimate winners.

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The Trump Doctrine

So, The Donald won Indiana’s primary, and is positioned to win the GOP nomination. Should he (God forbid!) win in November, he’ll have possession of the nation’s nuclear codes, among other unthinkable things.

So how much does he understand about foreign affairs (other than the sexual kind)?

Fact free and incoherent….That evaluation, from one actual foreign policy expert, was one of the nicer reactions to Trump’s ballyhooed “Presidential” foreign policy speech. The Guardian listed ten glaring contradictions within the speech–some within just a couple of minutes of each other.

At the Brookings Institution, trying for a more measured analysis, Thomas Wright noted that there was nothing new (or very specific) in the speech, but identified five “take-aways”from the speech. Those “take-aways” should terrify anyone who has even the slightest understanding of the world and the nature of our relations with other countries: Trump would simply end current U.S. alliances in Europe and Asia (make them all pay for their own defense); he would pursue an isolationist strategy (“He opposes democracy promotion, multilateralism, security guarantees, and, implicitly, keeping the global commons open for use by all nations”); he would “make a deal” with China and Russia (no details–just an assertion by the bloviating, self-proclaimed “dealmaker”). As Wright noted, the speech was intended for the GOP establishment–not the party’s foreign policy experts; and –surprise!–he views policy in this area, as in all others, as all about The Donald.

Trump spent quite a lot of time talking about how important it is that other leaders respect the American president. He complained about foreign leaders not meeting President Obama when he stepped off Air Force One. He spent a couple of minutes on Obama’s unsuccessful effort to win the Olympics for Chicago. This gave us a window into the temperament of a President Trump—he would read a lot into what others said about him and on his personal rapporteur with other leaders. He would likely to be drawn to men like him.

As I copied and pasted that quote, cold shivers went down my spine…..

At Dispatches from the Culture Wars, Ed Brayton also analyzed the speech, albeit a bit less dispassionately.

But even though it was a pre-written talk that has taken weeks and weeks to prepare, it was little more than a slogan: “America first.” ….

Boy, that’s original. Guess who used it first? Pro-Nazi Charles Lindbergh, who created the America First Committee to defend Hitler’s aggression and criticize Jews who were advocating that America get involved in WW2.

You expected more from a guy who retweets sentiments from Mussolini, and accuses a political rival’s father of complicity in JFK’s assassination?

Why did I come away from this “important” speech with a distinct impression that The Donald couldn’t locate–or spell– most countries with which we have strategic interests if asked to point to them on a map–let alone identify America’s long-term global interests?
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