Coping With Uncertainty

There is a genre of op-eds/”guest essays” that I generally don’t read: the “what my [parent/relative/meanest boss] taught me about [life/politics/persistence/etc.]  It isn’t that this particular approach to self-help isn’t interesting or useful–these reflections are often quite thoughtful. But given the number of information resources we all receive, most of us need to pick and choose the materials we actually access and consider, and my priorities are elsewhere.

I made an exception to my usual practice a week or so ago, however, for a guest essay titled “What My Father’s Death Taught Me About Living.” I’m glad I did, because the “lesson” the author conveyed really applies to a great deal more than our individual lives; it is directly relevant to the contemporary political environment.

The author of the essay reported that, as she was trying to come to terms with her father’s imminent death, she had asked her wife about the wife’s experiences as a social worker.

What, exactly, do you do with people who are dying? How do you help them and their families? Beyond helping with their practical needs, she explained, she tried to help them normalize their feelings, minimize their regrets and see that people have the capacity to change, right up to the end.

She said that the thing people wanted more than anything was answers. How long does my wife have? Is my mother suffering? These are questions that are impossible to answer, so her work consisted of something else.

“I try to help them increase their tolerance for uncertainty,” she told me. In the absence of answers, she tried to help them live with not knowing.

This conversation struck me as profound, in ways that go well beyond the prospects of a loved one’s life or death.

I have long been convinced that living in the modern world requires one absolutely essential skill above all: the ability to tolerate ambiguity– a recognition that authentic “bright lines” are rare, and that large areas of our lives will necessarily be lived in shades of gray.

The inability to cope with moral and political ambiguity explains so much of what is wrong with today’s politics. Americans today are faced with questions that don’t have easy or obvious answers. That reality goes a long way toward explaining the appeal of bizarre conspiracy theories–such theories provide “answers” to people who find the lack of certainty intolerable. That inability to abide uncertainty also helps explain the evident need of so many people for identifiable “bad guys.”

The need for certainty partly explains the “reasoning” of people who insist on making the perfect the enemy of the good–either X is without fault, or he is unworthy of support, no matter how much worse Y might be. Their discomfort with nuance and complexity requires  an “either/or” world–not one in which progress is incremental and white knights rare.

In a very real sense, America’s political parties have sorted themselves on the basis of tolerance for ambiguity: today’s Democratic Party, whatever its faults and failures, grapples with and argues about the world’s complex realities, while the GOP responds to that complexity with “certainties” that have either been discredited by repeated real-world evidence or invented out of whole cloth.

What the Republican Party does understand is that, in a world that is complicated and devoid of certitudes, scapegoats are essential.

Are there several interrelated causes that are thought to contribute to California’s wildfires?  Too complicated; it must be Jewish Space Lasers. Do job openings available to me require skills my parents’ generation didn’t need? People of color willing to deploy those skills are being brought across the border to replace me. Are my children embracing strange new ideas that are at odds with what I was raised to believe? It’s attributable to a “woke” culture that accepts same-sex marriage and homosexuality.

See? There are clear answers…They just aren’t rooted in (or even in the vicinity of) reality.

Later in the essay, the author addressed that all-important but elusive ability to live with uncertainty.

There is something so powerful about this idea, something so broadly useful to modern life. We all want to know what happens next, to fix upon some certainty as an anchor in the rough seas of our times. But to tolerate uncertainty is to become buoyant, able to bob in the waves, no matter the tide.

I would go further than “buoyancy.” I would identify the ability to function thoughtfully and purposefully in an increasingly complex and ambiguous world as absolutely essential to life in the 21st Century.

Comments

Give The Man Points For Honesty

The morphing of America’s conservative movement into something much darker has been going on for a long time. I still recall my youngest son’s response, over twenty years ago, to a colleague who’d invited him to join the local branch of the Federalist Society.  He declined, explaining that he didn’t look good in brown shirts…

Even then, the trajectory was clear.  Today, the fascists are coming out of the closet.

Last week, The Federalist published an essay that was certainly forthright: it was titled “We Need To Stop Calling Ourselves Conservative.” Here’s the lede:

Why? Because the conservative project has largely failed, and it is time for a new approach. Conservatives have long defined their politics in terms of what they wish to conserve or preserve — individual rights, family values, religious freedom, and so on. Conservatives, we are told, want to preserve the rich traditions and civilizational achievements of the past, pass them on to the next generation, and defend them from the left. In America, conservatives and classical liberals alike rightly believe an ascendent left wants to dismantle our constitutional system and transform America into a woke dystopia. The task of conservatives, going back many decades now, has been to stop them.

A “woke dystopia” is presumably a country that extends those “individual rights and freedoms” to citizens who were previously denied them. The author is rather clearly horrified by the prospect of allowing women and LGBTQ+ citizens to participate in society on an equal basis.

After all, what have conservatives succeeded in conserving? In just my lifetime, they have lost much: marriage as it has been understood for thousands of years, the First Amendment, any semblance of control over our borders, a fundamental distinction between men and women, and, especially of late, the basic rule of law.

The rest of the essay is a call to abandon notions of limited government (which is not the same thing as small government, a distinction which seems to elude the author) in favor of acquiring and weaponizing the power of the state to “stop the Left.” The author wants  the Right to use the power of government as “an instrument of renewal in American life — and in some cases, a blunt instrument indeed.”

And how would that instrument be deployed?

To stop the disintegration of the family might require reversing the travesty of no-fault divorce, combined with generous subsidies for families with small children. Conservatives need not shy away from making these arguments because they betray some cherished libertarian fantasy about free markets and small government. It is time to clear our minds of cant.

In other contexts, wielding government power will mean a dramatic expansion of the criminal code. It will not be enough, for example, to reach an accommodation with the abortion regime, to agree on “reasonable limits” on when unborn human life can be snuffed out with impunity. As Abraham Lincoln once said of slavery, we must become all one thing or all the other. The Dobbs decision was in a sense the end of the beginning of the pro-life cause. Now comes the real fight, in state houses across the country, to outlaw completely the barbaric practice of killing the unborn….

Drag Queen Story Hour should be outlawed; that parents who take their kids to drag shows should be arrested and charged with child abuse; that doctors who perform so-called “gender-affirming” interventions should be thrown in prison and have their medical licenses revoked; and that teachers who expose their students to sexually explicit material should not just be fired but be criminally prosecuted.

There’s much more, but the cited paragraphs are illustrative. The message is unmistakable: government should be used as a weapon against anyone who differs from the author’s theocratic/nationalistic/paternalistic worldview.

The author is not some rogue essayist invited by the magazine to provoke a discussion; his name isJohn Daniel Davidson and he is a senior editor at The Federalist. 

Actual conservatives–including Bill Kristol– have responded negatively. As one blogger wrote:

Davidson’s “restorationists” could probably be better described as “revanchists,” as they not only want to restore lost territory but also to “retaliate” against those who have torn apart the glorious world he imagines we once had.

It’s an explicitly authoritarian vision. The word “democracy” never once appears in the essay, and references to the concept only refer to events in the past…

Once in power, the revanchists should forget all about the (alleged) conservative idea of “small government” and instead learn to love Big (Brother) Government, inserting it deeply into private life.

Dobbs was just the beginning.

The blogger went on to compare Davidson’s explicit goals to the elements of fascism, and to confirm the fit.

In eight days, Americans will either vote Blue–or vote to buy brown shirts.

Comments

About That War On Women….

I’m a woman of a “certain age”–in other words, old–and I’ve lived through some fairly significant social changes, especially changes in the status of women. And I’ve seen enough to recognize a backlash when I’m experiencing it.

I’ve written before about how important reproductive autonomy is to women’s emancipation–not to mention their health. Without the ability to control their own childbearing decisions, women are hobbled in innumerable ways–returned to a time when they were economically dependent on their husbands/partners, and a time when they were far less employable.

There are plenty of other reasons to be outraged by the decision in Dobbs– not least because it elevates dogma held by one religious sect over equally sincere and longstanding beliefs held by others–but it is the decision’s attack on women’s equality that is most egregious.

Dobbs is just the most visible part of a wider war on that equality.

I recently became aware that among the books being attacked by self-described “conservatives” is a popular middle-grade book series “Girls Who Code.” The books are about–duh— girls who code, focusing on the adventures of a group of young girls who are part of a coding club at school.

According to a report in Daily Kos, the series was added to PEN America’s Index of School Book Bans, a nationwide list of restricted literature.

After hearing about the book ban, Reshma Saujani, founder of the Girls Who Code nonprofit organization, shared her thoughts with Business Insider.

“I was just shocked,” Saujani told Insider. “This is about controlling women and it starts with controlling our girls and what info they have access to.”

She added: ”In some ways we know that book banning has been an extreme political tool by the right—banning books to protect our kids from things that are ‘obscene’ or ‘provocative’—but there is nothing obscene or provocative about these books.”

According to the website associated with the Girls Who Code organization, the goal is to “change the face of tech” by closing the gender gap in new entry-level tech jobs.

“Moms for Liberty”–the group that has been actively trying to ban books that focus on topics like critical race theory, sex education, and inclusive gender language–is said to be responsible for adding the series to the banned books index.

The Girls Who Code books are used to reach children and encourage them to code, but because of how “liberal” they seem due to the diverse characters and the message that girls can do anything, conservatives are looking to ban them.

Saujani noted that removing the books not only hinders visibility for women in technology fields but also diversity in the industry, as most of the characters in the series are people of color.

“You cannot be what you cannot see,” she said. “They don’t want girls to learn how to code because that’s a way to be economically secure.”

Apparently, showing girls of various races engaged in coding is “woke”–and as we all know, being “woke” horrifies the White Christian Nationalists who want to take America back to the “good old days.”

According to PEN America, books were banned in 5,049 schools with a combined enrollment of nearly 4 million students in 32 states between July 2021 and July 2022. About 41% of banned books on the list had LGBTQ+ themes or characters who are LGBTQ+. The other majority of banned books featured characters of color or addressed issues of race.

The Republican determination to return America to those (mis-remembered) “good old days” explains a lot of other things, including Congressional votes against reauthorization of the Violence Against Women Act, and against the Lily Ledbetter Equal Pay Act among others. The Party even opposes the League of Women Voters, insisting that the League’s stands on behalf of women and against gerrymandering have remade the organization into a “collection of angry leftists rather than friendly do-gooders.”

Today’s GOP labels anyone–male or female– who supports gender (or racial or religious) equality–as “angry leftists.”

Forty-two years ago, my husband and I met as part of a Republican city administration. When we married, a reporter told me we were considered “nice, but a bit right of center.” Our political philosophies haven’t changed–but the GOP has. Dramatically. Today’s Republicans now consider us part of that “angry leftist” mob–along with most of the then-Republicans with whom we worked.

Make no mistake: today’s GOP is a radical, dangerous cult that bears virtually no relationship to the political party that was once home to people like Richard Lugar and William Hudnut–or even Ronald Reagan. Its war on “woke-ness” and women is part of its hysterical effort to return America to a time when White Protestant males ruled the roost.

November 8th is about whether we are going back.

Comments

Playing Cozy With The Nazis

It is getting very scary.

Over the past several years–aided and abetted by Trump’s normalization of racism and anti-Semitism–the GOP has become less and less distinguishable from its Neo-Nazi fringe, and less embarrassed by the relationship.

Just a few of the many available examples:

In Washington State, the Republican Party is paying a pro-Nazi blogger.

Arnold runs the far-right Telegram account “Pure Politics,” which traffics in Jan. 6 conspiracy theories, praise of controversial lawmakers, and anti-COVID-containment sentiments. It also has more than 12,000 followers who frequently comment with racist and antisemitic language.

But Arnold himself has said plenty of distressing things. As CNN reported last year, Arnold has advocated shooting refugees, killing undocumented immigrants, and has posted praise for Nazi Germany. He actually once said Adolf Hitler was “a complicated historical figure which many people misunderstand.”

 In a statement shared last week with The Daily Beast, the communications director for the Washington Republican Party, Ben Gonzalez, didn’t deny Arnold’s employment but claimed his tenure was short-lived.

The paid tenure may have been “short lived,” but the party’s relationship with Arnold isn’t. The GOP congressional candidate who won this year’s Republican primary was photographed alongside Arnold, “a move praised by his followers.” 

Other media outlets have reported on Arnold’s strong ties to white nationalist Nicholas Fuentes. Fuentes leads a group of “college-aged, far-right activists that refer to themselves as “groypers”—a rebranding of the racist alt-right movement”–and within the far-right “America First” movement, Arnold is a lieutenant.

The embrace of Nazi ideology isn’t limited to Washington State, nor to organized far-right groups. Arizona gubernatorial candidate Kari Lake has endorsed an “out and proud” Oklahoma anti-Semite. Doug Mastriano, running for Governor of Pennsylvania, has a long history of anti-Semitism and has made anti-Jewish attacks on his Jewish opponent.

As one media outlet put it, 

From Dr. Oz in front of Hitler’s car to Marjorie Taylor Greene spouting the Great Replacement Theory to the GOP supporting Kanye West—the message is clear.

GOP officials have praised figures like Hungary’s Victor Orban, and Americans have been treated to a stream of pro-Putin, pro-Orban, anti-Semitic propaganda by Fox News figure Tucker Carlson.

Even though Fox News star Tucker Carlson’s interview with Kanye West was so expansive that it ran during both his Thursday and Friday night broadcasts, it appears the far-right cable host left out plenty of newsworthy footage, Motherboard reported on Tuesday.

These segments of the interview omitted from the final broadcasts showed the rap superstar, now known as Ye, casually peddling antisemitism while making strange claims about “fake children” used to manipulate his own kids.

Last week, before West went on an antisemitic tantrum on social media, he was welcomed on Carlson’s show to discuss the backlash he faced for donning a “White Lives Matter” shirt alongside right-wing provocateur Candace Owens at Paris Fashion Week.

 In the interview that aired on Fox News, Carlson presented West as a conservative folk hero, praising his “interesting, deep, provocative” observations on politics and social issues, even shrugging off concerns about West’s mental-health issues and documented struggles with bipolar disorder.

Carlson has been a major apologist for the so-called “replacement theory”–the fear expressed by far-right White Christian Males that they will be “replaced” (displaced from their perceived status as “real” Americans) by Jews and people of color. The men who rioted in Charlottesville chanted “Jews shall not replace us.”

Almost immediately after his appearance on Carlson’s show,  West used social media to issue antisemitic threats against Jewish people and was locked out of both his Instagram and Twitter accounts. Carlson has ignored the controversy and has continued to laud his “standing up for oppressed white people., as have most Congressional Republicans

Kanye West –now “Ye”–is currently a Republican celebrity, one of a small number of Blacks being used by the GOP to rebut charges of racism. (“I can’t be racist. Some of my best friends/current candidates are…”) Hershel Walker is another. As several pundits have commented, the issue for these cynical Republicans is how to handle personalities like West and Walker, both of whom have publicly struggled with mental health issues and seem unaware of their status as pawns.

As one observer put it, “I am not personally worried that Kanye is going to bomb a synagogue or something like that. I’m more concerned that there is a huge political movement that’s holding him up as this figure.”

Members of disfavored minorities used to worry about rightwing “dog whistles.” These days, the GOP isn’t bothering to whistle–instead, the party (now fully captured by its one-time fringe) is enthusiastically embracing its inner bigot.

The parallels with Germany in the 30s are too obvious to miss.

Comments

The Judicial Crisis

Those of us who are, or have been, lawyers have watched the litigation over Trump’s purloined documents with amazement bordering on mystification. Suddenly, the potential consequences of Trump’s appointment of rogue judges are too dire to ignore.

The crises within the federal judiciary aren’t all new. During my years in the academy, I was a subscriber and occasional participant of the Law and Courts listserv–a forum for professors of law and political science. Well before McConnell’s shocking departure from constitutional and democratic norms, or Trump’s nomination of only Federalist Society favorites, scholars had focused on the need to expand the Supreme Court–a need prompted by increased workloads leading to fewer decisions. 

Participants also raised concerns about the increasing politicization of the courts. As an article in Politico recently put it, the widely ridiculed–and clearly political– Cannon ruling

underscores the deep fragility of judicial independence and the extraordinary strains it’s of late experienced. The episode is further a timely reminder that there’s no guarantee that an independent judiciary will survive. Just like other public institutions, American courts can unravel and lose public trust, with no easy way to get it back.

The lifetime appointments of federal judges were intended to shield jurists from political pressure, leaving them free to issue decisions based upon their reading of the law, rather than partisan passions. The Founders seemed not to worry about the possibility of politicized appointments.

As Politico noted,

the drafters of the Constitution assumed that there was little risk of politicized appointments for two reasons. First, they expected the supply of qualified judges to be very limited. Second, they viewed the Senate as a disinterested body, “standing above politics.” Of course, both assumptions quickly foundered with the rise of law schools and national political parties. And the federal judiciary attracted partisan labels as early as 1800. Judicial independence, in short, was compromised early and deeply by the failure of the framers’ guiding assumptions.

Commenters to that Law and Courts listserv also noted the effects of longer lifespans on the federal judiciary, and advocated term limits that would be long enough to shield judges from the immediacy of political repercussions (the preferred term was 18 years) to mitigate concerns over terms stretching into judicial dotage. 

Now, concerns about the state of the judiciary extend well beyond academic discussions.

It is in this context of pervasive skepticism about the quality of American courts that Cannon issued her order. In its details, it confirms and exacerbates skepticism about the idea of an apolitical bench. Even conservative commentators have flagged its sharp swerve from the normal treatment criminal suspects receive based on “irrelevant” considerations about Trump’s “reputation.” Concerns were stoked when Trump’s lawyers “went shopping” for a judge he’d appointed — rather than appear before the magistrate who’d issued the original warrant — and who’s received death threats for his pains from the former president’s supporters. And they flared further when Cannon telegraphed her intention to rule for the president who appointed her even before the Justice Department had filed any papers.

Cannon’s order, then, is troubling not just in isolation as a “deeply flawed” decision on its specific merits. It also should worry because it seems to affirm, and hence accentuate, a larger narrative of fracturing judicial independence.

Jamelle Bouie addressed the issue of a politicized judiciary in a recent New York Times essay. His recommendation echoed that of the scholars on the listserv: expand and reorganize the federal court system.

The practical reason to increase the number of courts and judges is that the country is much larger than it was in 1990, when Congress made its last expansion, adding 11 seats to the circuit court system and 61 seats to the district court system. This was modest compared with a change in 1978, when President Jimmy Carter signed the largest judiciary expansion in history, creating 150 new judgeships and expanding the entire federal bench by more than a third.

In the 32 years since 1990, the United States has grown from a population of roughly 250 million to a population of over 330 million. More people means more legal disputes, more legal disputes means more cases, more cases means more work. And the federal judiciary is swamped. Last year, the Judicial Conference of the United States, a nonpartisan policymaking body for the federal courts, recommended that Congress create 79 new judgeships across existing district and appeals courts.

Congress, and here I mean Democrats, should go further with a court expansion to rival Carter’s. They should create new circuits, new courts and new judgeships. The goal is simple: to account for growth and to deal with the problem of a cohort of hyperpartisan and ideological judges whose loyalty to Trump may outweigh their commitment to the law.

I agree. But it won’t happen if Americans don’t vote Blue No Matter Who this November.

Comments