Welcome to the Resistance

A couple of weeks ago, I was invited to speak to a “Women’s Rally for Change,” along with the Executive Director of Planned Parenthood and the Democratic candidate for Lieutenant Governor. The purpose was to discuss how to resist the coming assault on women and minorities, and to answer the increasingly common–and increasingly urgent– question: what can I do? What specific actions can I take?

The Rally was promoted only by Facebook posts; organizers hoped a hundred women might attend. We were stunned when five hundred women crammed into a space meant for far fewer, and another four hundred had to be turned away. (Future events, in larger venues, will be posted to a Facebook page established in the wake of the event: Women4ChangeIndiana.)

Several people who could not attend have asked me for copies of my remarks, so I’m posting them here. (Regular readers of this blog will find much of what follows repetitive….sorry about that!)

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We are facing divisions in this country unlike anything we’ve seen since the 60s, or maybe the Civil War. If America is to emerge reasonably intact, we need to look honestly at what just happened.

The ugly truth is that most of his voters saw Trump’s bigotry, misogyny and authoritarianism as features, not bugs. They didn’t overlook his appalling behaviors—those were what attracted them. They applauded his repeated attacks on “political correctness” and routinely told reporters that what they liked about him was that he “tells it like it is.”

The attitudes most predictive of support for Trump were racial resentment and misogyny—not economic distress.

Clinton won the popular vote, but because the Electoral College gives greater weight to votes from rural areas, she lost the Presidency. This is the 2d time in 16 years that the person who won the most votes was not elected.

The next few years are going to be very painful. Americans will lose many of the protections we have come to expect from the federal courts, probably for the foreseeable future. Economic policies will hurt the poor, especially women and children, and exacerbate divisions between the rich and the rest of us. A Trump Administration will abandon efforts to address climate change, and will roll back most of Obamacare. There will be no immigration reform, and God only knows what our foreign policy will look like. Worst of all, Trump’s normalization of bigotry will play out in a variety of ways, none good.

Sandy asked us to focus our comments on issues affecting women—but when you think about it, all of these issues will disproportionately affect women and children. And by far the worst for women is something we can’t reverse through legislation at some future time—a return to cultural attitudes that objectify and demean us.

So – what can we do, sitting here in overwhelmingly Red Indiana?

As individuals, beginning right now, we can support organizations that work to protect women’s rights, civil and reproductive liberties and public education, among others. A friend of mine and her husband, who stand to benefit from Trump’s proposed tax cuts, have decided to donate every dollar they save by reason of those cuts to organizations like Planned Parenthood and the ACLU. We might start a local “pledge my tax cut” campaign.

Perhaps the most important thing we can do is focus on local efforts to ameliorate the effects of likely federal actions. Most of the innovation and action on climate change, for example, is happening in cities, and it is much easier to influence local policy than state or national legislation. Those of us worried about the environment can make sure our cities are at the forefront of urban environmental efforts. There are other policy areas where—depending upon relevant state law—cities can mitigate the effects of federal action or inaction. Since the election, for example, several cities have decided to become Sanctuary cities, protecting undocumented people.

We can and must work to create inclusive and supportive local civic cultures that work against misogyny, bigotry and intolerance. We are already seeing a substantial increase in racist, homophobic, anti-Muslim and anti-Semitic incidents, and we need to create a civic environment that strongly discourages bigoted attitudes and behaviors. Cities have ready-made partners in those efforts, in arts organizations, civic and religious associations and the business community. I hereby volunteer to help mount a campaign focused on encouraging a welcoming, inclusive, respectful civic environment.

And if  the new Administration really does establish a Muslim registry, we all need to register as Muslims.

In the longer term, we have to reform America’s election system. The first order of business is to get rid of the Electoral College, which favors rural voters over urban ones and generally distorts the democratic process. The person who gets the most votes should win the election. We should work with groups like the League of Women Voters to get Indiana to sign on to the National Popular Vote Project, to oppose gerrymandering and to make voting easier, not harder.

We also have to defend our public schools and improve civic education. “We the People” or a similar curriculum should be required for High School graduation. Trump made all kinds of promises that he could not constitutionally carry out. Perhaps recognizing that wouldn’t have mattered to the kind of people willing to vote for him—but it might have.

Sandy asked each of us to identify issues of particular significance to women that we might win at the Statehouse. Given the composition of our legislature, we face an uphill battle, but here are some suggestions:

  • Work with local business and civil rights groups to expand Indiana’s civil rights law to include LGBTQ Hoosiers.
  • Work with Planned Parenthood, the ACLU and other organizations to prevent passage of added restrictions on abortion that more conservative courts would uphold. We’re already seeing that effort in Indiana.
  • Work with advocates for public education to scale back Indiana’s voucher program, the largest in the country, that benefits parochial schools at the expense of public ones.
  • Require effective civic education for graduation from H.S.

If there has ever been a time to be an activist, this is it.

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The Incomprehensible Attack on Medicare

I understand a lot of the fixations of the far Right (although I disagree with virtually all of them). But I’m at a loss to understand their vendetta against Medicare, or their belief that access to healthcare should be considered a privilege, not a right.

If we take Paul Ryan and his ilk at their word, they evidently believe that market competition will bring healthcare costs down, and that guaranteeing access to healthcare promotes overuse (i.e. you’ll go to the doctor more frequently than you really need to). They believe these things–if they really do– despite overwhelming evidence to the contrary.

The great virtue of markets is that they enable voluntary exchanges; they provide an incentive to provide goods at a price buyers are willing to pay. The classic description of a market is “an exchange between a willing buyer and a willing seller, both of whom are in possession of all information relevant to the transaction.”

That is not a description of the “buyer” having a heart attack. Even in the absence of insurance requiring the use of specific providers, people do not–cannot–“shop” for medical care. We are  generally not “willing” buyers, and as non-experts, we certainly do not have sufficient “information relevant to the transaction.”

As Josh Marshall pointed out at Talking Points Memo,

You think it’s hard getting good insurance when you’re 30 or 50? Try getting good private insurance when you’re 70 or 80.

Providing health insurance coverage to seniors will unquestionably cost more if run through private insurance. No one who has looked at the comparative data on the cost efficiency of Medicare and private carriers can question this. There’s no money savings. Quite the opposite. The only difference is that seniors will pay vastly more out of pocket because the vouchers won’t come close to the costs of a policy. The upshot of the Ryan plan is significantly increasing the cost of what society pays for the medical care of seniors and then making seniors pay dramatically more out of pocket. All with none of the bedrock gaurantees Medicare provides.

There’s a reason administrative costs of Medicare–which doesn’t need to advertise, show a profit or cover outsized salaries to upper management– are dramatically lower than those of private insurance companies. As Marshall points out, the irony is that at the same time they are attacking Obamacare, Ryan and his cronies are proposing to replace Medicare with something that looks very much like Obamacare.

But building an exchange and subsidy adjunct for non-seniors onto an existing and fairly robust private health insurance system is one thing. Creating one from scratch for people who are all pretty much by definition bad risks is close to laughable. Laughable if you’re not bankrupted or dying because you couldn’t get care.

Remember the other things Medicare significantly guards against. If parents have insupportable medical bills or have no way to pay for care, they go to children. In the absence of any other options, that’s how it should be. But that money comes out of other things: buying homes, putting kids through college. The social insurance model of Medicare has positive effects well beyond direct beneficiaries.

Recent polls suggest that significant majorities of Americans don’t want to get rid of Obamacare, let alone Medicare. I still remember that senior at a Town Hall meeting carrying a sign that said “Keep Government’s Hands Off My Medicare.” He may not have recognized that Medicare is a government program, but he’ll certainly identify the perpetrators of attacks on it.

Fortunately, even in the Time of Trump, efforts to deprive millions of Americans of access to basic healthcare will not be a slam-dunk. As Marshall has also reported,

Many Republicans can see the political danger of touching Medicare. No one campaigned on this in 2016. Support for phasing out Medicare and replacing it with private insurance and vouchers is minimal outside libertarians and conservative ideologues. That’s why word play about ‘reform’ and averting ‘bankruptcy’ and ‘saving Medicare’ are the catch phrases. If anyone said, ‘We have an idea to have seniors get private insurance instead of Medicare and a check from the government to pay part of the cost’ they’d be laughed out of whatever room they were in. What’s most salient is that it is toxic within the coalition around which Donald Trump has at least temporarily remade the GOP.

In the real world, nothing about this Ryan/Trump effort makes sense. Practically, fiscally and politically, it would be a disaster. Given the characteristics of those who would be in need of coverage, it wouldn’t even benefit insurance companies or Big Pharma.

This is ideology-cum-religious fundamentalism: don’t confuse me with the facts.

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White Man Malaise

Richard Reeves of the Brookings Institution has surveyed the post-election analytic landscape, and considered the varying explanations for the outcome. He traces what he calls “the malaise of white middle America” in the trending data about mortality, life expectancy, suicide and opioid use, and suggests that it ought not be surprising that areas in which people are turning to oxycodone are also the ones that turned to Trump.

Bernie Sanders says that Trump’s “campaign rhetoric successfully tapped into a very real and justified anger.” To his mind, people are “tired of having chief executives make 300 times what they do, while 52 percent of all new income goes to the top 1 percent.” Well, maybe.

Meanwhile Jenny Beth Martin, president and co-founder of the Tea Party Patriots, says that Trump’s victory is a validation of their agenda: “Repeal…Obamacare, protect our borders, stop illegal immigration, restore fiscal sanity and get the government off our backs and out of our lives.” Well, maybe.

There is lots of work to be done to truly understand the complex picture that emerged on November 8. But it doesn’t look to me as if economics will take us very far in terms of understanding white pain, at least in any simple way. Scott Winship of the new think tank Foundation for Research on Equal Opportunity delves into the numbers, and concludes that “there is little empirical support for the idea that ‘it was the economy, stupid’.” I agree. This was an identity vote more than an income vote. Many white men, especially those of modest education, feel as if they are being overtaken and left behind. “It’s relative status, stupid!”

Kathy Cramer is the author of a recent book, The Politics of Resentment, in which she relays her research and conclusions from her interviews with the white, working class men (and some women) who voted for Trump. She says they compare their lives to a bygone world in which men like them could easily get jobs paying a decent wage, were automatically considered the “head of the household,” and “always knew that they were superior to people with darker skin.” All of those basic assumptions about the way the world works have been challenged, to say the least.

And of course we’ve had a black President since 2008. As James Baldwin warned almost half a century ago, “the danger, in the minds of most white Americans, is the loss of their identity…The black man has functioned in the white man’s world as a fixed star, as an immovable pillar: and as he moves out of his place, heaven and earth are shaken out of their foundations.”

The unanswerable question is: what happens when these people realize that Trump cannot undo inexorable social change? That despite “telling it like it is”–i.e., giving voice and “respectability” to their resentments–he cannot put women back in the kitchen, gays back in the closet, or send African-Americans back to the back of the bus?

As Reeves concludes,

Loss of relative status is painful, no doubt. But it is the inescapable price of equality. Trump has no cure. Nobody does.

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Why We Don’t Negotiate with Terrorists

The principle that government does not negotiate with terrorists is a longstanding American policy, endorsed (to date, at least) by foreign policy experts of both parties. The reasons are–or should be–obvious: when you reward an activity, you encourage it.

If kidnapping our diplomats or other citizens proves profitable, more kidnappings will occur.

Of course, if you are the spouse or loved one of the person being held hostage, you are likely to have a somewhat different perspective. Which brings me to the recent announcement–made with much fanfare–about Carrier Corporation’s decision to keep a thousand of its employees in Indiana, rather than moving their jobs to Mexico. Affected employees are undoubtedly (and understandably) euphoric.

Details thus far have been sketchy, but it appears that Indiana will provide financial “incentives” to keep the company here for the next few years. Since federal government contracts currently generate $6 billion dollars annually for Carrier’s parent company, United Technologies, it is likely that promises about that contracting relationship sweetened the deal.( A spokesperson for Trump hinted that the government might relax regulations United Technologies found “onerous.”)

As one economist tweeted, “Every savvy CEO will now threaten to ship jobs to Mexico, and demand a payment to stay. Great economic policy.”

Trump’s Carrier “accomplishment” is Exhibit A in what would likely be a long list of “teachable moments” if Trump were teachable. The lesson is: deals that make perfect sense in the private business sector can be invitations to disaster in the public sector.

I learned that lesson when I served as Indianapolis’ Corporation Counsel. Cities get sued with some regularity; a car goes in a ditch and the driver blames the design of the road; a building inspector tags a property and the owner disputes the violation; a homeowner objects to a sewer assessment, or a rezoning..the list is endless.

In the business world, it often makes fiscal sense to settle a suspicious “slip and fall” case, for example–especially when the amount at issue is much less than the cost of litigating the matter. If a City did that–if it “bought off” relatively small claims–it would be tantamount to hanging a sign out that said “Come sue us–we’re patsies.” Plaintiffs and their lawyers know that, unlike many private defendants, government entities have money; if all they had to do was file a lawsuit, if they didn’t have to risk going to trial, it would be open season.

So–unless the City was clearly in the wrong– we litigated them all, large or small.

Thanks to Americans’ ignorance of the significant differences between the public and private sectors, there’s a widespread and profoundly naive belief that anyone can “do” government, that public sector experience and/or specialized skills are unnecessary.

I wonder how many terrorists Trump and his cabinet of inexperienced newcomers will negotiate with–and what it will cost us taxpayers– before they figure it out…

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Legitimacy Cannot Be Stolen

Power can be stolen. Legitimacy must be earned.

I was reminded of the difference by a recent Huffington Post article by Geoffrey Stone. Stone is an eminent Constitutional scholar who teaches at the University of Chicago; I’ve used his texts on constitutional history and analysis both as a law student and more recently as a professor. As he writes,

Throughout my career, I have honored the fundamental role the Supreme Court plays in our system of government. There have, of course, been many Supreme Court decisions with which I’ve disagreed over the years, but I have always respected the essential legitimacy and integrity of the Supreme Court as an indispensable institution in our American democracy.

But now, for the first time in my career, I find myself hesitating. This is not a reflection on the judgment or integrity of any of the current or former justices. It is, rather, a reflection on what the Senate Republicans have done to the fundamental legitimacy of the Supreme Court in the future. By refusing to confirm President Barack Obama’s appointment of Chief Judge Merrick Garland to the Supreme Court, Senators Mitch McConnell, Charles Grassley, and their Republican cronies betrayed our constitutional traditions and undermined a central principle of American democracy. Although they maintained that their unconscionable behavior was “justified” by the fact that the vacancy arose during President Obama’s final year in office, this was a blatantly dishonest assertion. In fact, a long line of presidents have made appointments to the Supreme Court in the final year of their terms, including such historic figures as George Washington, Thomas Jefferson, Andrew Jackson, Abraham Lincoln, William Howard Taft, Woodrow Wilson, Herbert Hoover, Franklin Roosevelt, and Ronald Reagan.

Those of us in the legal community–Republican and Democrat alike–have pointed to this unprecedented obstruction as additional evidence that American government is broken–that it has become deeply dysfunctional.  As Stone notes, this profoundly un-American behavior was based upon “rank partisanship”–the hope that a Republican President would appoint a judge more to their ideological liking.

In the great tradition of “be careful what you wish for,” however, the actions of these Senators will have had a very unfortunate effect: they will permanently  undermine the legitimacy of anyone who ultimately joins the Court.

Their unconscionable behavior will rightly cast severe doubt on the legitimacy of whatever individual President Trump appoints in place of Chief Judge Garland. Every vote that justice casts in the future will be called into question, because that justice will be sitting on the Supreme Court bench because of nothing less than a constitutional coup d’etat. Through no fault of his or her own, that justice will be seen as an interloper who should never have been appointed to the Court.

Stone reminds readers that the last effort to do a political “end run” around a Court was FDR’s “court packing” scheme, a response to the then-Court’s invalidation of progressive legislation intended to ease the Depression. Even though the Democratic base deeply disapproved of the Court’s rulings, however, Democratic Senators rejected Roosevelt’s plan.

Indeed, even Roosevelt’s Vice-President, John Nance Garner, publicly scorned the plan as unprincipled. In short, those Democrats – those principled public servants – understood that even a crisis like the Depression could not justify so craven a distortion of the traditional procedures and practices of government in order to achieve politically desired ends.

It’s hard to find fault with Stone’s concluding paragraph:

As a sign of the moral corruption that now plagues our nation, though, in this instance Senate Republicans, caring more about outcomes than principles, ruthlessly distorted the advice and consent process in order to attain partisan political ends. That this happened is nothing short of disgraceful. Let us not forget their shameful abuse of authority. And let us not forget that President Trump’s first appointment to the Supreme Court will in fact be an illegitimate interloper who has absolutely no business being the decisive vote in critical Supreme Court decisions in the years and decades to come. By this act, Senate Republicans have undermined the credibility and the legitimacy of an essential branch of our national government. Shame on them.

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