No, Public Officials Aren’t “Ministers of God”

Oh Alabama…Are you trying to out-Texas Texas?

For years, we’ve watched the antics of crazy Judge Roy Moore–he of the 5-ton Ten Commandments fiasco– who somehow managed to get himself re-elected to the Alabama Supreme Court a couple of years ago. (Moore is a poster child for the proposition that Judges ought not be popularly elected.)

In the wake of the Supreme Court’s ruling on same-sex marriage, Moore has (predictably) gone over the edge. Far, far over. So has the lawyer representing him, who is apparently as delusional about the American legal system and the settled meaning of the First Amendment as his client.

In a letter to Alabama’s Governor urging defiance of the Supreme Court’s decision, the lawyer–Win Johnson–wrote:

Public officials are ministers of God assigned the duty of punishing the wicked and protecting the righteous. If the public officials decide to officially approve of the acts of the wicked, they must logically not protect the righteous from the wicked. In fact, they must become protectors of the wicked. You cannot serve two masters; you must pick — God or Satan.

And you know whose side that crafty Satan is on….

I’m not sure what law school Mr. Johnson attended, but the fact that he actually matriculated should be cause for considerable concern.

This isn’t just a misunderstanding of separation of church and state;  it’s civil law as understood by the Taliban.

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Tradition! Tradition!

No, I’m not about to break into a musical rendition from “Fiddler on the Roof.”

Instead, I’m commenting on a recent post from Juanita Jean at The World’s Most Dangerous Beauty Salon, Inc. where the topic was a recent rant by Bill O’Reilly, accusing the White House of “spitting on traditional Americans” by bathing the facade in rainbow lights after the Court ruled in Obergefell.

As Juanita Jean reminds us

Traditional Americans? As opposed to Untraditional Americans? Well, I’ll be damned, against all odds O’Reilly did in fact find another way to divide this country.

Just think, if this country had traditional people running it we would still have child labor,women without the vote, slavery, poll tax, and a helluva lot of muskets.

Exactly.

In that “traditional” America, women couldn’t enter into contracts or get credit without the consent of their fathers or husbands. Birth control was outlawed under “obscenity” statutes. Abortion for any reason was illegal. Women had no protection from sexual harassment in the workplace, and were routinely paid less than men. Gays were in firmly closed closets. Blacks “knew their place.”

It’s the passing of that “traditional” world, and the loss of those “traditional” family values that (old, white, heterosexual) men are bemoaning when they proclaim that they “want their country back.”

The next time Justice Scalia (“Get off my lawn, you whippersnappers!) goes into a tirade about the need to protect even those “traditions” that most of us now consider fundamentally unfair–“traditions” that violate important Constitutional principles of equality and autonomy–let’s think about the many ways those sacred traditions operated to cement the privileges enjoyed by un-self-aware, self-important (white, male) curmudgeons like Bill Riley and Antonin Scalia.

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Is It November Yet?

Every so often, our Accidental Mayor does something to remind us why it’s not a good idea to elect people who don’t understand how government is supposed to work.

As reported on the IndyDemocrat blog, Council President Maggie Lewis recently issued the following statement:

“Very recently I was informed that Mayor Ballard unilaterally authorized a withdraw of $6.8 million dollars out of the IMPD general fund without consultation or approval from the Council. This is not how good municipal government works. The Council recently overrode the Mayor’s veto to add appropriations to fund critically needed pursuit rated vehicles and necessary upgrades to IMPD facilities. His decision means many IMPD officers will continue to operate substandard vehicles and train at outdated facilities. We have too few officers on the street to begin with and this action by the administration may put at risk the city’s ability to fund this Fall’s final recruit class of 2015. I call on the Mayor to immediately reverse course and follow both the letter and spirit of Indiana law by returning the money to IMPD now.”

The most important sentence in that statement is “This is not how good municipal government works.”

Perhaps the Mayor had a perfectly good reason for withdrawing those funds. Or perhaps he didn’t. The purpose is irrelevant; the “rules of the game” require the Mayor and Council to communicate, to work together, and to jointly authorize fiscal decisions. The fact that the Council is controlled by a different political party than the Administration does not eliminate that requirement. (I should note that, back in the days of the Hudnut Administration, factional disputes among the Republicans on the Council made relations every bit as testy as the partisan divisions today–but despite a lot of grousing,  the Administration didn’t try to “sneak” things past the Council.)

Process matters.

Government in a democratic system is not run like the military, or like business, where the person at the top of the pyramid makes decisions that others must follow. That’s one reason why calls to run government “like a business” are so misplaced–government isn’t a business. It should be run in a “business-like” fashion (meaning efficiently and cost-effectively), but we should never lose sight of the fact that government’s mission is not focused on the bottom line, and the rules by which it operates must meet democratic accountability standards.

Mayor Ballard isn’t in the Marines anymore. He doesn’t get to unilaterally call the shots.

Aside from the inappropriateness of the Mayor’s action, I can’t help wondering: what was the money used for? In a city with an unacceptably high crime rate, what was more important than (our already grossly  underfunded) public safety?

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Mike, Mike, Mike…

I am all for transparency in government–but that’s not the same thing as transparent bull—-.

In yesterday morning’s Star, we learned that the state had “abruptly” terminated its costly contract with a national PR firm–a contract necessitated by the disastrous publicity generated by Indiana’s passage of RFRA.

Thursday afternoon, Chris Cotterill, executive vice president of the Indiana Economic Development Corp., cited strong employment numbers, national recognition for the state’s business-friendly climate and cost management efforts in the decision to cancel the contract with Porter Novelli.

Gov. Mike Pence said through a spokeswoman he supports the decision.

“Given the record-setting pace of job creation by businesses across Indiana, Governor Pence supports the decision by the IEDC to conclude the contract with Porter Novelli and continue current efforts to promote the advantages of doing business and creating jobs in our state,” said press secretary Kara Brooks.

And I have some swampland in Florida to sell you.

That “national recognition” of Indiana’s “business friendly” climate evidently is a citation to one of those notoriously unreliable magazine lists (the ten best places to retire! the 25 best cities for people with allergies!). And Indiana’s method of calculating its job-creation numbers has been the subject of criticism for years.

It’s fairly obvious why the Governor terminated the contract: he’s running for re-election, and the fact of that contract, its cost, and the administrative decisions that necessitated it have been subject to significant ongoing criticism. So…Voila! Suddenly, Indiana’s RFRA troubles are all behind us.

But they aren’t.

In San Francisco last week, tourist areas were dotted with Air BnB advertising signs saying “Dear Guests from Indiana, Just know you are always welcome here. (We’ll even share our pizza).” Teeshirts at New York pride celebrations proclaimed “Too gay for Indiana.” And sober Hoosier business executives share the conviction that the damage done by RFRA remains deep–that (as Arizona learned a few years ago) the attendant publicity conveyed an unfortunate message about the state’s civic climate that remains a substantial drag on tourism, business relocation decisions and convention business–a message that will not soon be eradicated.

If the Governor really wanted to improve the state’s image without spending money on a PR campaign, it would be simple enough to do: he could take a high-profile position in favor of amending Indiana’s civil rights laws to include protection from discrimination based upon sexual orientation and gender identity.

If anyone thinks our culture-warrior Governor is likely to do that, I still have that swampland in Florida….

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Bought and Paid For

A Federal District Court judge in Washington recently upheld new Obama administration rules that deny federal aid to career training programs that charge outrageous amounts, saddle students with crushing debt, and give them useless degrees in return.

As the New York Times editorialized

The ruling strongly reaffirms the government’s authority to regulate these often-corrupt programs — and comes at a time when federal and state investigations are uncovering fraud and misconduct by for-profit schools all over the country. Regrettably, however, Republicans in both houses are moving bills that would block the Obama administration from enforcing the rules.

As the editorial notes, the new rules were inspired by data showing that students in for-profit schools account for only about 12 percent of college enrollment, but nearly half of student loan defaults.

We the taxpayers have been footing the bill for these predatory practices.

Research has consistently shown that graduates of for-profit institutions are more likely than graduates of other institutions to have debt of more than $40,000 by the time they leave school, and far less likely to find the employment promised by those marketing these programs.  What is particularly odious about these “schools” is that they deliberately target veterans, minorities and the poor.

Republican attempts to block the new rules are not sitting well with organizations that work on behalf of consumers, veterans and the poor. This spring, a coalition of these groups sent a letter reminding Congress that 37 state attorneys general are jointly investigating allegations of fraud in for-profit schools. Various investigations have already uncovered deceptive tactics; dismal graduation rates; false or inflated job placement rates; and dubious sales and admissions policies that target veterans and students of color.

It’s hard to argue with the Times‘ conclusion.

At issue here is an industry that routinely exploits the country’s most vulnerable citizens and fleeces the federal student aid program at the same time. The administration’s effort to bring it under control deserves support, not legislative sabotage.

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