Indiana’s Autocratic-And Delusional–Legislature

The most positive thing I can say about Indiana’s just-departed legislature is that at least it was a short session.

I have yet to address one of the most offensive bills passed by our legislative overlords: Senate Enrolled Act 202, which presumes to overrule accepted academic standards and procedures in the name of “intellectual diversity.” As numerous professors and other educators have pointed out, the bill is a thinly-veiled effort to combat what its proponents believe is “liberal bias” in higher education. (Unfortunately, as a popular meme proclaims, facts have a well-known liberal bias.)

The bill aims to emulate Ron DeSantis’ war against education and “wokeness”–turning Indiana into Florida, but without the water and sunshine.

Actually, as faculty and students overwhelmingly and unsuccessfully argued, in addition to having a chilling effect on free expression, the proposal is first and foremost an effort to micromanage Indiana’s higher education institutions. And that effort highlights the most prominent characteristic of our legislature’s Republican super-majority: its unbelievable hubris.

Hubris is defined as “excessive pride or self-confidence; arrogance.” It comes from the Greek, and denotes an excess of ambition and self-regard that ultimately causes the transgressor’s ruin.  It is the overwhelming trait of the Republicans who control Indiana’s Statehouse.

Do Indianapolis citizens want public transportation? Our legislative overlords will restrict the kinds of transit for which we can tax ourselves (no light rail, for reasons that escape most of us). If we are finally allowed to proceed, self-appointed mavens in the legislature will overrule transit experts on issues of implementation.

Did the City-County Council pass a tax to support special needs in the city’s mile square? The legislature will tell them who can and cannot be subjected to that tax. (Gotta protect those political donors…)

The same hubris that is evident when the legislature routinely overrules local government decisions about transit, taxes, puppy mills and plastic bags extends to the idiocy of Senate Enrolled Act 202.

As the Capital Chronicle recently described the Act: 

Included are changes to institutions’ diversity-oriented positions and their policies for tenure, contract renewals, performance reviews and more. It also establishes new reporting and survey requirements based on “free inquiry, free expression, and intellectual diversity.”

Garrison noted that, as part of Senate Enrolled Act 202, Indiana “is one of the few states” that now requires boards of trustees to establish diversity committees on our campuses.

Under the new law, those diversity committees must make recommendations promoting recruitment and retention of “underrepresented” students rather than the “minority students” specified in current law….

The law additionally requires institutions to establish complaint procedures in which school students and staff can accuse faculty members and contractors of not meeting free-expression criteria.

Institutions will have to refer those complaints to human resource professionals and supervisors “for consideration in employee reviews and tenure and promotion decisions,” according to the law.

From a legal standpoint, I would argue that language in the bill is unconstitutionally vague, but of course, that’s the point.

It is glaringly clear that the intent of the measure is to warn professors who might be advancing “liberal” ideas that they are jeopardizing their tenure. Of course, what constitutes a “liberal” classroom lecture and a lack of “intellectual diversity” is pretty subjective–and in our current political environment, subject to constant change. If a biology professor teaches evolution and fails to give equal time to creationism, has she failed to be “intellectually diverse”?  Is a professor teaching about the Supreme Court case on same-sex marriage prohibited from agreeing with its reasoning?

And about that encouraging of complaints….

When I taught, it was abundantly clear that most students who filed complaints against my colleagues were students who got poor grades. (I didn’t get any official complaints, but one student did sue me in Small Claims court for giving him a B-, a grade that was actually a gift. He lost.)

There is much more that is truly horrible about Senate Enrolled Act 202, but what is even more troubling than its content is that its passage represents the majority’s hubris and lack of self-awareness. Someone needs to tell these self-important examples of the Dunning-Kruger effect that election to the Indiana Statehouse (courtesy of gerrymandering) is not a grant of  authority to rule everything in Indiana.

At some level, Indiana lawmakers must recognize that they’re on thin ice–why else would they adamantly refuse to extend the hours our polls are open, or allow citizen referenda or nonpartisan redistricting?

Until Indiana’s weak, ineffective Democratic Party is able to run credible candidates in every one of Indiana’s gerrymandered districts, Hoosiers will continue to inhabit an autocracy governed by culture-war know-nothings with wildly inflated self-images.

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If Only…

There are so many reasons to vote straight Blue this November: to keep a dangerously insane man out of the Oval Office, to remove the “God Squad” from the House and Senate, to protect democracy and Separation of Church and State…and especially,  to send an emphatic message that women will not meekly return to second-class citizenship.

You can undoubtedly come up with other reasons as well. But a bill just filed by the Democrats in the U.S. Senate may be the most important, because its passage would go a very long way to accomplishing several of those goals–and it won’t pass unless Democrats sweep the November election.

Per The Democracy Docket:

Earlier this month, U.S. Sens. Amy Klobuchar (D-Minn.) and Laphonza Butler (D-Calif.) introduced the Redistricting Reform Act of 2024, legislation that would make a slew of impactful changes to the congressional redistricting process nationwide.

The bill would set spell out comprehensive criteria for congressional redistricting including:

  • Banning partisan gerrymandering by prohibiting drawing maps that favor or disfavor any political party,
  • Ensuring compliance with the Voting Rights Act of 1965,
  • Providing an explicit right for private citizens to file legal challenges under this law,
  • Requiring that districts be drawn to represent communities of interest and neighborhoods to the extent possible,
  • Barring people, legislatures and states from asserting legislative privilege over lawsuits brought under the act,
  • Setting clear deadlines for when maps must be enacted and
  • Mandating that redistricting plans are subject to public comment in an open and transparent manner

Gerrymandering is the root of America’s current dysfunctions. When lawmakers can choose their voters rather than the other way around, we end up being ruled by a minority.

Gerrymandering–aka partisan redistricting–does more than skew election results. A lot more. And much of it goes unrecognized. Here in Indiana, for example, where partisan redistricting has carved up metropolitan areas and subordinated them to rural ones, gerrymandering has given us distribution formulas favoring rural areas over cities when divvying up dollars for roads and schools, among other inequities.

Even before the Dobbs decision, The Guardian connected gerrymandering to passage of radical abortion laws.

Georgia’s legislature responded to the state’s closely divided political climate not with thoughtful compromise but by passing one of the most restrictive abortion bans in the United States.

An April poll by the Atlanta Journal-Constitution found that 70% of Georgians support the landmark Roe v Wade decision that legalized abortion. The new state ban is opposed by 48% of Georgians and supported by only 43%. So why would the legislature enact such an extreme measure?

For that matter, why would Ohio, Alabama, Missouri and other states establish similar “fetal heartbeat” laws that are far more restrictive than their constituents support?

One important answer is gerrymandering: redistricting voting districts to give the party in power an edge – making it almost impossible for the other side to win a majority of seats, even with a majority of votes. Sophisticated geo-mapping software and voluminous voter data turned this ancient art into a hi-tech science when the US redistricted after the 2010 census.

Partisan redistricting is undemocratic no matter which party is doing it, but give credit where it’s due: the GOP has been far more adept at gerrymandering than the Democrats (probably because Republicans recognize that they are increasingly a minority party and must cheat in order to win). As the Guardian reported, gerrymandering has allowed the GOP to control state legislatures with supermajorities even when voters prefer Democratic candidates by hundreds of thousands of votes.

Gerrymandering nullifies elections and insulates lawmakers from democratic accountability.

Despite lacking any mandate for an extreme agenda in a closely divided nation, Republican lawmakers have pushed through new voting restrictions, anti-labor laws, the emergency manager bill that led to poisoned water in Flint, Michigan, and now, these strict abortion bans. Electorally, there’s little that Democrats can do to stop it.

In Ohio, the article pointed to “zero evidence” that voters held extreme opinions on abortion, and noted that polls showed more voters opposed to that state’s “heartbeat” bill than supportive of it. A University of Chicago study showed that barely half the total vote in Ohio gave Republicans more than 63% of the seats– simply because the maps were “surgically designed” to ensure that few seats would be competitive.

I have frequently posted about the multiple negative consequences of gerrymandering: among other things, it empowers extremists (as “real” elections move to the primaries) and suppresses the vote.

In non-referendum states like Indiana, the only way to get rid of gerrymandering would be via a U.S. Supreme Court decision or a federal law. The Court has repeatedly declined to act, so we need a Democratic win in November big enough to ensure passage of the Redistricting Reform Act.

That would go a long way toward protecting democracy–and women.

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Listen To My Friend Morton…

As regular readers of this blog know, Morton Marcus (who comments here from time to time) is a longtime friend with whom I co-authored a recent book on women’s rights, “From Property to Partner.”

Morton also writes a statewide newspaper column, primarily focused on data about Indiana, and occasionally comparing the actual activities of our dreadful legislature with his opinions about what that body ought to be doing. A recent column was so on target, I decided to share those recommendations. (Not that our supermajority Republican legislative overlords will pay the slightest bit of attention–they’re too busy micromanaging local government, destroying public education, pandering to the gun lobby, and imposing “Christian” behavioral restrictions on Hoosiers.)

The day before yesterday, you got Gulley, today you get Marcus.

The first of Morton’s recommendations was focused on legislative operations, which is sort of “inside baseball,” but important. He advocates releasing legislators to “act without the discipline of the Caucus. Let’s make the bold assumption that our 150 elected legislators are grownups. They can make their own decisions without the dictates of a repressive party leadership fully inebriated on the power of a super-majority of automatons.”

That will happen when pigs fly–or when we elect actual grownups.

Morton’s second recommendation–passage of independent redistricting– hits at the very center of Indiana’s continuing dysfunctions. Getting rid of gerrymandering would allow voters to choose their representatives; now, as sentient Hoosiers know, those representatives choose their voters. Gerrymandering is an absolutely wonderful mechanism for vote suppression–if your vote isn’t going to count, why cast it?

Morton also points out that an independent redistricting process would “likely rationalize districts such that two adjacent House districts would constitute one Senate district. No House districts would be divided.” As he notes, “Currently the Senate and the House district maps are independent of each other. It affords chaos and cover for the ambitions of individuals who seek lifetime membership in the General Assembly.”

His third recommendation hits on something else I’ve long advocated (there’s a reason we’ve been friends so long; we have similar, albeit not always congruent, views on the issues). He advocates adoption of the Maine Electoral College allocation rules.

Now the winner of the popular vote in Indiana gets all of the electoral votes in a presidential election. Under the system used in Maine, a notoriously left-wing coastal state, the winner of the statewide popular vote gets two electoral votes. The winner of each congressional district gets the one electoral vote of that district. No Constitutional amendment is needed for this move toward a more equitable system.

In 2020, instead of all 11 Indiana electoral votes going to the Repulsive candidate, that person would have received nine electoral votes and two such votes would have gone to the party that is Bidin’ its time.

(My apologies to those unfamiliar with the Gershwin songbook and who know only Taylor Swift lyrics.)

Morton also wants legislative study committees that would consider legislation reducing the number of townships in each county, and the number of counties in the states. (There are 92 counties in Indiana, in case you are wondering; California–somewhat larger– has 58).

 Why should Warren, Fountain, Parke and Vermillion not be joined into one or two counties? Perhaps Jasper and Newton counties should be returned to their former singularity. Let’s not neglect Blackford with Jay, Ohio with Dearborn or Switzerland.

I would miss the detailed data on each separate area, but my fetish is not the concern of the state. Likewise, cost cutting should not be the dominant objective, but rather improving service to citizens in line with the structure of society in the 21st century rather than the 19th century.

This last recommendation recalls that of the bipartisan Kernan-Shepard Commission, convened by then-Governor Mitch Daniels, that examined the operations of Indiana government and recommended merging or otherwise eliminating a number of the 1008 townships that each pay township boards and trustees and the expenses of trustee offices–artifacts of a time when reaching the county seat via horseback took half a day. As I wrote back in 2011, the Commission had the temerity to suggest that–in the age of the internet and the absence of virtually all of the other tasks with which those townships had originally been tasked– we should rethink them…

As members of that Commission discovered–and as Morton, a longtime Hoosier, clearly knows–Indiana legislators don’t “re-think.” Most of the time, they don’t really think in the first place.

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Common Sense Democracy

One of the most frustrating aspects of America’s current political dialogue (if our screaming fits can even be dignified by the term “dialogue”) is the importance attributed to  various individuals–looney-tunes and statesmanlike figures alike. It makes me want to amend that famous James Carville adage–“It’s the Economy, Stupid”–with a more accurate one: it’s the system, stupid.

Call. it the “but for” problem.

But for systemic flaws like gerrymandering, Americans would be highly unlikely to elect posturing fools like Jim Jordans and Margery Taylor Green. But for the Electoral College, Donald Trump would never have occupied the Oval Office. But for our current “winner take all” system, we could send many more sane, competent people to Congress.

In a recent article for Time Magazine, two prominent political scientists pointed out that these systemic flaws are fixable.

America’s sharp division isn’t just about policy disagreements or ideology. Much of it comes down to the science of how Congress is elected. Winner-take-all elections have produced a fully-sorted two-party system in America that pits two sides against each other, incentivizes performative conflict, and punishes compromise. With the existing electoral and party system, we may as well invest all our money into a colony on Mars as hope for a bipartisan coalition leading Congress right now.

The silver lining is that America is not stuck with this broken system. Preserving the failing status quo is a choice. Winner-take-all elections are nowhere in the Constitution, and Congress has the power to change them. Multi-party coalitions work well in many other countries, and they can work in America, too, if we are willing to confront the root causes of Congress’s brokenness.

One of those root causes is America’s system of winner-take-all elections.

Winner take all elections do not result in anything remotely like accurate representation. As the authors point out,  all five of Oklahoma’s representatives are Republicans, even though about a third of Oklahoma voters consistently vote for Democrats, and all nine of Massachusetts’ representatives are Democrats, even though about a third of Massachusetts voters are consistent Republicans. But because the minority party doesn’t make up a majority of any one district, they are deprived of any voice in Congress.

That means that primary elections in these states effectively determine the general election outcome, making it easy to win for extreme candidates, harder for moderates, and impossible for anyone in the minority party.

This is one reason why the overwhelming majority of the world’s democratic countries use proportional representation for their elections, where districts elect multiple representatives to Congress in proportion to their party’s share of the vote. In America, it would allow more voters to have a say in who represents them; if a party wins 40% of the vote, it would get about 40% of the seats. Oklahoma liberals and Massachusetts conservatives would have a voice. That would mean more moderates in Congress. Members of the far right and far left would be elected, too – but in accurate proportion to their amount of support.

Proportional representation would also alter the incentive structure for representatives. Reflexive opposition to the “enemy” would no longer be the way to win elections, because voters would have more than a choice between the lesser of two evils. This would allow more ways to form a coalition in Congress capable of compromising and governing with a lot less infighting and chaos. This is one reason why last year, more than 200 political scientists, historians, and legal experts signed an open letter to Congress calling for the adoption of proportional representation.

There is much to love about Americans’ fixation on individualism and personal responsibility, but it is an emphasis that far too often masks important realities. For example, people are rarely poor because they are lazy and unwilling to work–far more often, they can’t work because they are disabled, or because the factory closed, or because the economy tanked. Congress isn’t dysfunctional just because the GOP base prefers angry buffoons –it’s our unrepresentative and obsolete electoral systems that give legislative terrorists the ability to bring the operation of government to a screeching halt.

In our winner take all system, a candidate who wins 49.9% of the vote loses to the one who garners 50.1%–and the people who voted for that losing candidate are 100% unrepresented. Then we wonder why the people who won election feel free to ignore the needs and desires of that 49.9%. After a few election cycles, we wonder why so many voters who find themselves consistently in that losing 49.9% stop voting and participating.

It’s the system, stupid. We need to fix it.

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A Case Study

Wisconsin is currently providing us with a lesson about the state of American democracy.

It isn’t just the arrogance of Republicans who are threatening to overturn the expressed will of the voters with a trumped-up impeachment of a state supreme court judge; the state is a case study for Democrats elsewhere whose voters face similarly manufactured limits on their ability to win elections.

Last December, just after the midterms, the Guardian ran a report on how Democrats had managed to fight back in what the article called “the nation’s most gerrymandered state.”

Ben Wikler spent so much time poring over polls ahead of the midterm elections that it eventually became too much to bear.

“I was throwing up with anxiety,” Wikler, the chair of Wisconsin’s Democratic party, confessed to the Guardian.

It wasn’t merely out of concern, common to Democrats nationwide in the run-up to the early November vote, that voters were set to give their candidates the traditional drubbing of the party in power, powered by Joe Biden’s unpopularity or the wobbly state of the economy.

Rather, Wikler feared that in Wisconsin his party was on the brink of something worse: permanent minority status in a state that is crucial to any presidential candidate’s path to the White House.

What the party faced in Wisconsin was dire: if Democratic Governor Tony Evers lost re-election, or if the state’s GOP achieved supermajority control of Wisconsin’s legislature, the GOP could have ensured that its electoral college votes never helped a Democrat win the White House.

As Wikler said, Wisconsin is “a state where Republicans have tried to engineer things to make it voter-proof.”

According to several studies, Wisconsin is the most gerrymandered state in the country, and the fourth most difficult state in which to cast a ballot. It also has laws that make it practically impossible to conduct voter registration drives.

But Wisconsin’s Republicans are looking to tighten access to polling places further, and passed a host of measures to do so, all of which fell to Evers’s veto pen. With a supermajority in the legislature, they would have been able to override his vetoes. In a speech to supporters, Tim Michels, the Republican candidate for governor, made it plain that if he was elected, the GOP “will never lose another election” in the state.

Amazingly, despite being faced with enormous structural barriers,  Evers was re-elected, and Wisconsin Democrats narrowly managed to keep Republicans from a supermajority in both houses of the legislature. Democrats’ success at standing their ground in Wisconsin was one of the most pleasant surprises the party experienced in the midterms.

What accounted for Evers’ robust win?

The fact that statewide races can’t be gerrymandered is obviously key. And according to various news sources, Evers had a clear advantage over Michels among those age 18 to 44 years old, an age cohort that made up more than a third of voters in Wisconsin.

Evers also had stronger support for the issues he ran on than Michels did.

The AP VoteCast survey showed the most important issue facing the country for Wisconsin voters was overwhelmingly the economy and jobs. However, Evers focused much of his campaign on abortion, which was only slightly more important to voters than the issue of crime, something Michels made a prominent theme of his candidacy.

Voters who cared most about the economy split their votes between the parties–but Wisconsin voters who said the abortion issue was very important to them were lopsidedly pro-choice. Evers attributed the strength of his win to that issue.

There is a lesson here for Indiana in next year’s statewide elections.

As with Wisconsin, Indiana’s extreme gerrymandering will be irrelevant in the upcoming statewide races. And–mirroring the Wisconsin gubernatorial contest–the Hoosier electorate cares about economic and public safety issues, but is divided on which party is best able to address those issues.

As in Wisconsin, however, Hoosiers who care about reproductive rights are lopsidedly pro-choice.

All but one of the five Republicans running for Governor are running ads professing their “pro-life” and “Christian faith” credentials. The already-endorsed Republican Senate candidate (Indiana’s male version of Margery Taylor Green) is a flat-out culture warrior who supports a ban on abortion with no exceptions, along with a multitude of other far-Right positions. (He recently called President Biden the “most corrupt person to ever occupy the White House.”  No kidding.)

I will grant that Indiana’s state Democratic party structure ranks somewhere between weak and “where the hell are you?” but the party has lucked out with strong and appealing statewide candidates–Jennifer McCormick for Governor and Marc Carmichael for U.S. Senate. Both  are on the right side of the issues Hoosier voters care about, and–if adequately funded– both can win next November.

We can learn from Wisconsin.

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