Democracy – Page 4 – Sheila Kennedy

Democracy And Dirty Tricks

When Democrats gripe that American government is no longer small-d democratic, they have a point. Not only has extreme gerrymandering given more power to rural voters than to those who reside in cities, but the allocation of two Senate seats to each state, regardless of population, has grossly distorted the ideal of “one person, one vote.” The last time the GOP won the Senate, it was with twenty million fewer votes than had been cast for the Democratic “minority.”

Democratic Senators currently represent some forty million more voters than Republican Senators, despite an almost-even split in the upper house. Thanks to predicted demographic shifts, it’s poised to get even worse: one scholar estimates that by 2040, 70% of Americans will live in the fifteen largest states, and will be represented by thirty Senators, while the remaining 30% will have 70 Senators voting on their behalf.

If these structural advantages weren’t enough, the deep pocket donors who support the GOP continue to fund political dirty tricks. I’ve been reading a number of reports about the latest effort to re-elect Donald Trump: a phony “third party” called No Labels.

As Robert Hubbell recently wrote,

The “No Labels” organization is a GOP dark-money PAC designed to elect Donald Trump by running a doomed third-party candidate to draw votes away from Joe Biden in 2024.

Hubbell quotes the Intercept for a story suggesting that No Labels intends to run Manchin; whether that is accurate or not, what we do know is that No Labels is not a real political party. It is funded by the Koch brothers, Harlan Crow, and Peter Theil (among others).

Worse, “No Labels” is operating as a 501(c)(4) charitable organization so that it does not have to disclose its donors like every other political party—even though No Labels is registering as a political party across the nation for the 2024 election.

Arizona Democrats, among others, are challenging the organization’s misrepresentation of itself as a third party, alleging that, as a 501(c)(4) organization — which legally cannot primarily be engaged in political activity — it cannot comply with federal election regulations governing political parties, including disclosure of contributors.

“No Labels is not following the rules for political party recognition, while attempting to be placed on the ballot alongside actual, functioning political parties who do,” a spokesperson for the Arizona Democratic Party said in March.

Hubbell quite properly characterizes articles suggesting that No Labels is a new, “centrist” political party as “journalistic malpractice.”

As anyone who has followed election politics even casually knows, thanks to America’s political structures, third party candidates are always spoilers. That’s true even when the third party is a legitimate party and the candidate honorable and sincere. The presence of such ballot options simply takes votes from one of the major party candidates. (Most consequential example: No Ralph Nader on the ticket, no George W. Bush in the White House.)

In this case, there is ample evidence that the effort to mount a bogus “third-party” option is anything but honest and sincere. There is also absolutely no doubt who they hope that bogus entrant will benefit–any doubt about the motives should be dispelled by the identity of the funders.

Harlan Crow already owns a Supreme Court Justice; now he and the surviving Koch brother and Peter Theil and their ilk want to ensure the election of Trump, an intellectually vacuous and mentally-ill narcissist they can easily manipulate.

I worry that this particular “dirty trick” may not receive the publicity it deserves–the media and the voters who pay attention are constantly distracted by the equally dangerous antics of the MAGA nutcases and Neo-Nazis currently impeding rational governance and fiscal meltdown in Congress–and relatively few voters pay attention.

It is absolutely true that both parties have engaged in political trickery–mostly at the local level–just as both parties have gerrymandered when in a position to do so. In the last couple of decades, however, it is the GOP that has benefitted–thanks in large part to the huge amounts of money these millionaires and billionaires have been willing to spend in order to foreclose the twin threats of increased regulation and increased taxation.

If the Democrats ever secure a real, working majority in Congress, they need to address the structures that are most anti-democratic–at least, the ones that are amenable to changes in rules (the filibuster) and statutory repair (gerrymandering, vote suppression). They can also address the corruption at the Supreme Court. There is nothing lawmakers can realistically do about distorted Senate representation, and the National Popular Vote Interstate Compact would have to be passed by several Red States, which makes that effort to neuter the Electoral College unlikely.

But nothing good will happen without massive turnout that ignores third party candidates–real or fictitious.

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The Culture Warriors Are Coming For Your Schools

For at least the past decade, pundits reporting on the steady degradation of American political life have argued that America’s far-too-apathetic polity wouldn’t act “until we hit bottom.”

I think we’re there.

Posts and comments to this blog regularly grapple with the widespread lack of civility–not to mention intelligence–in public life. There’s the in-your-face bigotry, the denial of science and evidence, defense of the ever-widening gap between the rich and the rest, and the daily assaults on democracy and democratic norms.

Those very unAmerican behaviors and beliefs have recently been joined by an all-out MAGA attack on public education. GOP legislatures have diverted education funding to fundamentalist religious schools, Republican administrations are banning books, and extremists have taken over an uncomfortable number of school boards.

I recently came across an NBC report detailing one such takeover, in Colorado.

Woodland Park, a small mountain town that overlooks Pikes Peak, became the first — and, so far, only — district in the country to adopt the American Birthright social studies standard, created by a right-wing advocacy group that warns of the “steady whittling away of American liberty.” The new board hired a superintendent who was previously recalled from a nearby school board after pushing for a curriculum that would “promote positive aspects of the United States.” The board approved the community’s first charter school without public notice and gave the charter a third of the middle school building.

Among other moves that especially alarmed teachers was the decision by the new superintendent not to reapply for the grants that covered the salaries of counselors and social workers. When challenged, he told staff members that he “prioritized academic achievement, not students’ emotions. We are not the department of health and human services.” When asked if taxpayers would get a say in these changes, he said that they already had — when they elected the school board.

Woodland Park offers a preview of how quickly a new majority can move to reshape a district — and how those battles can ripple outward into the community. Some longtime residents say that the situation has grown so tense, they now look over their shoulder when discussing the school board in public to avoid confrontation or professional consequences…

When asked to respond to criticism from school personnel and parents, Illingworth, the board’s vice president, replied in an email: “I wasn’t elected to please the teacher’s union and their psycho agenda against academic rigor, family values, and even capitalism itself. I was elected to bring a parent’s voice and a little common sense to the school district, and voters in Woodland Park can see I’ve kept my promises.”

As the school year winds down, many of the Woodland Park School District’s employees are heading for the exit, despite recently receiving an 8% raise. At least four of the district’s top administrators have quit because of the board’s policy changes, according to interviews and emails obtained through records requests. Nearly 40% of the high school’s professional staff have said they will not return next school year, according to an administrator in the district.

While Colorado is rapidly becoming a Blue state, Woodland Park is a mostly white, middle-class city of 8,000 people up a mountain pass from Colorado Springs. The community voted for Donald Trump over Joe Biden by 2-to-1 a year earlier.

When teachers complained about Board decisions, the Board’s vice-president accused the teachers’ union of attempting to organize a “coup,” and issued a barely-veiled threat, instructing the Superintendent to make “a list of positions in which a change in personnel would be beneficial to our kids” and “help the union see the wisdom in cooperation rather than conflict.”

The article is lengthy, and much of what the new board has done is genuinely appalling. Case in point: the Board’s adoption of the American Birthright social studies curriculum referenced above, without any prior consultation with social studies teachers.

American Birthright materials emphasize patriotism, argue that the federal government should have no authority over public schools and say teachers should not encourage civic engagement, such as registering to vote or petitioning local lawmakers on issues students care about.

The curriculum was based on input from dozens of right-wing groups and activists, including the Claremont Institute, the Family Research Council and Moms for Liberty. Proponents defend it as a “bipartisan” alternative to coursework described as “hijacked by liberal concepts.” It’s heavily biased toward the right (for example, it includes Bill Clinton’s impeachment but not Donald Trump’s.)

The Colorado State Board of Education rejected American Birthright in October. The National Council for the Social Studies, a professional trade group for educators, issued a rare warning against using it.

You really need to read the whole thing.

If America hasn’t hit “bottom” I don’t know what bottom would look like…..

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What It’s All About

Remember that old song, “What’s it all about, Alfie?” The melody and refrain were running through my mind as I read Tuesday’s “Letter from an American” from Heather Cox Richardson.

One paragraph in that Letter in particular really summed up the contemporary American–and global–dilemma. Forget, if possible, the daily eruptions that are evidence of a diseased polity–the crazed “representatives” doing anything but “serving” in Congress; the almost daily mass shootings; the bizarre behaviors of state legislatures (and not just in Florida and Texas)…and the multitude of other examples.

Focus instead on the underlying dilemma, an existential contest that Richardson says is between liberalism and autocracy but might just as aptly be identified as a contest between good and evil. She began by reminding readers of the Trump agenda that plays to the GOP/MAGA base.

He offered its members the anti-Black, anti-immigrant, and antiabortion measures it craved, in exchange for utter commitment to his leadership. His drive for authoritarianism dovetailed with a religious movement to create a new ideology for the Republican Party, one that explicitly rejects democracy.

That argument, articulated most clearly by Hungarian prime minister Viktor Orbán, is that the secular principles of liberal democracy—equality before the law, free speech, freedom to go to church or not, academic inquiry, a free press, immigration, companies that can make decisions based on markets rather than morality—destroy virtue by tearing down the sexual and religious guardrails of traditional society. In order to bring that virtue back, right-wing thinkers argue, the government must defend religion and self-sacrifice (although it’s hard to miss that they’re looking for other people to make those sacrifices, not themselves).

Last week, on May 4 and 5, the Conservative Political Action Conference met in Budapest for the second time, and once again, Orbán delivered the keynote address. The theme was the uniting of the radical right across national boundaries. “Come back, Mr President,” Orbán said of Trump’s 2024 presidential bid. “Make America great again and bring us peace.” Orbán claimed his suppression of LGBTQ+ rights, academic freedom, and the media is a model for the world.

(Un)representative Paul Gosar (R-AZ) called Orban, “ a beacon.” Richardson reminds us that the Americans who celebrate this ideology are those who routinely attack immigrants, LGBTQ Americans, the media, reproductive rights, and education.

Florida, led by governor Ron DeSantis, has been out front on these issues, but other Republican-dominated states are following suit. Eager to stay at the head of the “movement,” Trump recently claimed that universities are “dominated by marxist maniacs & lunatics” and vowed to bring them under control of the radical right. “He will impose real standards on American colleges and universities,” his website says, “to include defending the American tradition and Western civilization.”

Needless to say, DeSantis–and Abbott, and the culture warriors in Red State legislatures very much including Indiana’s–have a very distorted picture of American tradition and Western civilization, one diametrically opposed to the expressed values of the nation’s founders.

The decision to hold the Right-wing CPAC convention in Budapest–for the second time!–is chilling enough, but the fact that Diego Morales–Indiana’s Secretary of State not only attended that gathering, but spoke at it, was a reminder of just how firm a grip Indiana’s MAGA Republicans have on the state. Morales joined Tucker Carlson (via video), unsuccessful Arizona gubernatorial candidate Kari Lake, and other members of American and international Right.

I’ve previously written about Morales, an election denier who should never have won his race against an infinitely superior candidate, Destiny Wells. (When he was nominated, James Briggs–then of the Indianapolis Star–called him “so broadly unacceptable that the selection must be setting some kind of record for political ineptitude.” Briggs evidently forgot that, in Indiana, unacceptable is now synonymous with “Republican.”)

Morales wraps himself in “conservative” rhetoric, but today’s Right is anything but traditionally conservative. I’m old enough to remember when “conservative” meant conserving the liberties protected by the Bill of Rights and the principles that Richardson correctly labels as inherent in liberal democracy—”equality before the law, free speech, freedom to go to church or not, academic inquiry, a free press, immigration, companies that can make decisions based on markets rather than morality.”

Those principles are what next year’s elections are all about. And as I observed in the book Morton Marcus and I recently published, I am reasonably confident that most American women (and a significant number of men who care about us) will go to the polls to endorse those foundational principles, joined by voters disgusted by gun fetishists’ mischaracterization of the 2d Amendment, and by still others fed up with Republican refusal to make the rich pay a fair share.

That, “Alfie,” is what it’s “all about.”

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No Equal Rights For You!

In case you consider the concerns addressed in the book I promoted yesterday to be exaggerated, allow me to offer the following evidence that that the GOP is indeed waging war on women–that the Republican Party is working overtime to ensure that we females remain decidedly second-class.

The “Grand Old Party” is focused on denying us bodily autonomy, and in case we missed getting the message, has recently reinforced the message by refusing to extend the deadline for passing the Equal Rights Amendment.

The ERA passed Congress in 1972, having been first proposed in 1923. Constitutional amendments, under U.S. law, must be ratified by three-quarters of all state legislatures, meaning 38 states.

In 2020, Virginia became the 38th state to ratify the ERA, but it did so after the 1982 deadline to ratify the amendment had passed.

The Senate resolution would have removed the deadline so that the ERA could become the 28th Amendment. Sen. Ben Cardin (D-Md.) and Murkowski were the resolution’s lead co-sponsors.

Murkowski and Collins were the only Republicans to support the extension. The vote was 51 to 47 to invoke cloture on a motion to proceed, falling short of the 60 votes it it needed.

This would be a good time to reiterate my opposition to the filibuster as it is currently employed. In its current iteration, it bears little or no resemblance to the original rule.

A filibuster used to require a Senator to actually make a lengthy speech on the Senate floor–unlike today. In its current form, it operates to require government by super-majority, and it has become a weapon routinely employed by extremists to hold the country hostage.

The original idea of a filibuster was that so long as a senator kept talking, the bill in question couldn’t move forward. Once those opposed to the measure felt they had made their case, or at least exhausted their argument, they would leave the Senate floor and allow a vote. In 1917, when filibustering Senators threatened President Wilson’s ability to respond to a perceived military threat, the Senate adopted a mechanism called cloture, allowing a super-majority vote to end a filibuster, and in 1975, the Senate again changed the rules, making it much, much easier to hold the Senate hostage.

The new rules allowed other business to be conducted during the time a filibuster is (theoretically) taking place. Senators no longer are required to take to the Senate floor and publicly argue their case. This “virtual” use has increased dramatically as partisan polarization has worsened, and it has effectively abolished the principle of majority rule. It now takes sixty votes to pass any legislation, and has brought normal government operation to a standstill.

Operating together, gerrymandering, the Electoral College and the current iteration of the filibuster have allowed a minority party to exercise unwarranted power and throw sand in the levers of government.

In this case, a majority of Senators voted to assure the equal rights of America’s female citizens–but that majority vote was blocked by the members of what I have come to call the “anti” party–anti-woman, anti-Black/Brown, anti-Gay, anti-“woke.”

Anti-modernity.

I still remember long-ago arguments with what were then fellow Republicans about the necessity or advisability of the Equal Rights Amendment. Those who opposed its passage tended to rely on the language of the 14th Amendment, arguing that women could achieve legal equality under that language, and that a separate amendment was unnecessary.

In the wake of the Dobbs decision, which upended fifty years of 14th Amendment jurisprudence, that argument no longer passes the smell test.

Passage of the Equal Rights Amendment would establish gender equality as a fundamental constitutional right–something that, thanks to Justice Alito, we now know the Constitution doesn’t explicitly guarantee.

It would also bring the United States into compliance with international standards for human rights. (Granted, those standards are widely disregarded, but the United Nations has recognized gender equality as a fundamental human right.)

It took a hundred years for women to win the right to vote–and we have now fought (thus far, unsuccessfully) for an Equal Rights Amendment for exactly that long– it has been proposed and supported by feminists for nearly a century. (A representative of the National Women’s Party, Alice Paul, was the person who first introduced the Equal Rights Amendment to Congress in 1923.)

Currently, an overwhelming majority of Americans (81%) support passage of the amendment. The White Christian Nationalist cult that now controls the Republican Party disagrees.( Actually, it disagrees with pretty much anything promising equality for non-whites, non-Christians or non-males…)

Congress will not reflect the desires of the majority of Americans–and women will not have equal rights– until and unless we reform the systems that have turned our country into a failed democracy: gerrymandering, the Electoral College, and the current iteration of the filibuster.

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Time For A Realignment

Recent events have increased my belief that the U.S. is at a political tipping point.

In the past few weeks, in addition to the mass shootings that are now horrifyingly routine, we’ve seen Tennessee’s gerrymandered White Republican legislature expel two young Black Democrats who breached “House Order”–despite that body’s unwillingness to expel White Republicans accused of sexual misconduct and criminal activity.

Immediately after a jury found a defendant guilty of intentionally murdering a Black Lives Matter demonstrator, Greg Abbott vowed to pardon him.

Then, thanks to Pro Publica– in deeply-researched reports which have once again underlined the importance of a free and vigorous press–Americans learned that Clarence Thomas’ corruption extends well beyond his widely-criticized refusal to recuse himself from cases involving organizations with which his wife has been active. Not only did Thomas accept trips on yachts and luxurious accommodations worth millions from his “dear friend” Harlan Crowe (a “friendship” that began five years after Thomas joined the Court), not only did Crowe’s purchase of real estate from Thomas (at an evidently inflated price) go similarly unreported, we’ve also learned that Crowe’s creepy collection of memorabilia includes two pictures painted by Hitler and a signed copy of Mein Kampf.

We also learned that, early in their “friendship,” Thomas had reported some of those gifts, but when those reports generated criticism, rather than stop accepting them, Thomas stopped reporting them.

It isn’t just Clarence Thomas.

For years, the American public ignored the legal profession’s exhortations about the importance of the judicial branch, and the need to vote against lawmakers intent upon elevating ideologues to the bench. It’s not just Thomas and the rabidly conservative bloc that now dominates the Supreme Court; thanks to a rogue Texas Judge, a lot more people understand the importance of an intellectually honest, honorable and professionally competent judicial branch.

A federal judge in Texas issued a preliminary ruling invalidating the Food and Drug Administration’s 23-year-old approval of the abortion pill mifepristone, an unprecedented order that — if it stands through court challenges — could make it harder for patients to get abortions in states where abortion is legal, not just in those trying to restrict it.

Kacsmaryk’s ruling wasn’t unexpected. Since Trump placed him on the bench, this poster boy for judicial activism has been the choice of forum-shopping rightwing extremists who’ve responded to clear signals that he would ignore legal precedents that conflicted with his religious beliefs. Among other numerous legal deficits, this particular decision ignored a six-year statute of limitations, rules governing standing, and sound science.

Worse–as two hundred drug companies pointed out in a letter blasting the decision,

“The decision ignores decades of scientific evidence and legal precedent,” the drugmakers wrote. “Judge Kacsmaryk’s act of judicial interference has set a precedent for diminishing FDA’s authority over drug approvals, and in so doing, creates uncertainty for the entire biopharma industry.”

Should the decision be upheld, the consequences of second-guessing the experts at the FDA decades after the fact would threaten investment in all new medications, not just those related to reproduction.

Meanwhile, Rightwing activists and lawmakers are continuing their attacks on local school boards and libraries, and Republican legislators in Red states continue to focus mean-spirited and dishonest attacks on trans children and the medical professionals who treat them.

The narrow focus on transgender folks is strategic. Polling has confirmed that significant majorities of Americans now support same-sex marriage and anti-discrimination laws protecting LGBTQ+ citizens, making wholesale attacks on the gay community politically unwise.

Nearly eight in ten Americans (79%) favor laws that would protect gay, lesbian, bisexual, and transgender people against discrimination in jobs, public accommodations, and housing, including 41% who strongly support them.

Trans children are more vulnerable–in more ways than one.

As Jennifer Rubin wrote in the Washington Post

It is one thing to gin up the base on invented threats from critical race theory or the “great replacement theory.” But when the MAGA movement’s judges begin to inflict radically unpopular edicts on those outside the right-wing audience, that risks sparking a counter-response: a determined, broad-based movement insistent that the United States not turn the clock back on decades of social progress….

The more the Supreme Court diverges from overwhelming public sentiment on issues such as abortion, guns and voting rights, the more strength and more allies the progressive movement may gain.

Add to all this the ongoing antics of the buffoons in Washington whose behavior continues to prevent anything remotely resembling thoughtful governance, the constantly unraveling spectacle that is Donald Trump, and the increasingly overt racism and misogyny that pervades today’s GOP.

Walter Dean Burnham once argued that there’s a 30–38 year “cycle” of political realignments.

We’re overdue, but the signs are there.

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