Tag Archives: Indiana

The Year Of The Woman?

Are we finally approaching that much-heralded (but thus far elusive) “year of the woman”–a year that, despite previous predictions, has yet to materialize?

Maybe. It’s happening in other countries, even those with a deeply “macho” culture–in Mexico, a woman has been elected President. In the U.S., twelve states currently have women governors.

Here in regressive, Red Indiana, the Democratic Party will run an all-women slate of statewide candidates, a first. I have previously written about my enthusiastic support for Jennifer McCormick, the former Superintendent of Public Instruction currently running for Governor. I have not previously written about Valerie McCray, who defeated Marc Carmichael, the candidate I supported for U.S. Senate, or about the contest between two other women–Destiny Wells and Beth White–who are the only candidates vying for the Attorney General nomination.

So let me get to it.

I’ve previously explained why Jennifer McCormick, who will face Trumper Mike Braun in November, would be an excellent Governor. If you visit her website, you will note that she is focused on issues that actually concern Hoosiers, unlike Braun, who–like all MAGA culture warriors–talks almost exclusively about the federal issues he did little or nothing to address in his six years as a Senator.

I recently sat down with Jennifer and her equally impressive campaign manager, and was encouraged to learn that, not only is she personally compelling and right on the issues, she is running a savvy, organized and well-thought-out campaign.

I have also had the opportunity to meet with Valerie McCray and her campaign manager, both of whom noted the extent to which Hoosiers–at least, Democratic-leaning ones– seem to be favoring women candidates this year. (Evidently, voters unfamiliar with either of the Democrats’ Senate contenders overwhelmingly opted for the female candidate.) That phenomenon failed to help Suzanne Crouch, the only woman vying for the GOP’s gubernatorial nomination–a reminder of the parties’ very different attitudes toward women.

As readers of this blog know, in the primary, I supported McCray’s opponent– an older white guy. (I firmly believe that voters should support candidates based upon their individual merits, rather than voting for an identity. I’ve known some pretty reprehensible women politicians.) That said, I was very relieved to find that McCray, whom I’d not previously known, isn’t only right on the issues  (see her excellent website), but is also energetic, informed, and thoughtful. That said, McCray’s biggest asset is actually her opponent, Jim Banks, who represents the most anti-American, anti-woman, theocratic aspects of the MAGA movement. (As I intend to explain in upcoming posts, Banks is very consistent–wrong about everything.) 

If Valerie McCray’s biggest campaign asset is Jim Banks, Todd Rokita will definitely fill that role for the eventual Democratic Attorney General nominee. I have posted about Rokita’s multiple deficits several times; he has been a consistent embarrassment to the legal profession and to the Hoosier State. He was a disgrace as a Congressman and has ignored his professional and ethical obligations as Indiana’s Attorney General, using the position (and taxpayer dollars) to feed his considerable ego while pandering to the far, far Right of the GOP. (Recently, several state senators called him “a hammer in search of a nail.”)

The specific merits of these candidates is important. Their campaigns, their performance in debates and on the stump, their fundraising–all of those traditional elements will matter, and matter a lot. But in addition to the normal horse-race factors, I come back to the question with which I began this post: will this be the year of the woman?

How angry are America’s women? How motivated? How many women who haven’t previously voted will register and cast their ballots in November? How many “good guys”–men who aren’t threatened by women’s growing equality, who care deeply about the status and health of their mothers, sisters and daughters– will signify that support by voting Blue? 

Hoping for a year of the woman is most definitely not an attack on men. It is endorsement of an equal civic partnership that benefits both men and women– and a refusal to return half the population to the subordinate status demanded by the GOP’s White Christian Nationalists.

In Indiana this November, voters will choose between a statewide slate of three talented and accomplished women and three out-and-proud MAGA misogynists and theocrats. This won’t be an election in which differences are minor. It also won’t be an election affected by gerrymandering–you can’t gerrymander a statewide race. 

Here’s an idea: If everyone reading this who cares about civic equality and women’s rights would send a few dollars to each of these women, we could demonstrate widespread support for a Hoosier year of the woman.

If Mexico can do this, so can Indiana.

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Hoosiers For Democracy

I’ve been getting intellectual whiplash looking for political omens.

Polls aren’t cutting it: as I have previously noted, contemporary obstacles to accurate measures of candidate strength are immense, and the various efforts to compensate for low response rates and to develop meaningful “likely voter” screens have proved inadequate. When Trump routinely underperforms his poll results by some ten points, it seems safe to ignore click-bait headlines about this or that poll.

I have also shared my conviction that victory in the upcoming elections will depend almost entirely on turnout. I don’t understand what get out the vote campaigns do to generate turnout, but then I don’t understand people who think political participation is irrelevant to their lives, so my lack of comprehension is probably due to that mystification…

All that said, despite living in Indiana– often dismissed as an irremediably deep-Red state– I’ve recently stumbled across some interesting and very positive omens.

One of those is Hoosiers for Democracy, a newly-formed group that describes itself as “a growing movement of Indiana citizens who are concerned about the erosion of democratic norms, the continual drumbeat of extremism and the persistent undermining of our democratic institutions.” I know the founders of the group, and I consider them informed and politically savvy. They’ve done their homework, and are focused on demonstrating that Indiana–even rural Indiana– is considerably less Red than the state’s reputation suggests. 

Hoosiers for Democracy publishes a thoughtful Substack newsletter, and is working with other grass-roots organizations–partisan and bipartisan– concerned about the GOP’s lurch into far-Right extremism. 

Relatively few Hoosiers have heard of Hoosiers for Democracy so far–it’s new, and just building its network. (I encourage Indiana readers to sign up for its very thoughtful newsletter at the link.) But more recently, I was astonished to discover the existence of several statewide organizations with a longer timeline. The Nasty Woman Project began as an Instagram account; it was born out of Trump’s expressions of fury in November 2016 and began a series of self portraits by self-proclaimed Nasty Women. Since then, it has grown into a women’s collective that “throws events, raises money for charity, makes waves, and puts smiles on people’s faces.” 

I was even more astonished to learn that the organization has more than seven thousand members across Indiana. (I was especially surprised because–according to my youngest son–I am a Nasty Woman. In the wake of the 2016 election, he even had a t-shirt that identified him as a “Bad Hombre raised by a Nasty Woman”…)

Indiana’s Nasty Women organization has a FaceBook page describing itself:

We are INDIANA NASTY WOMEN; because we believe in love, acceptance, equality, kindness, respect, and the POWER of our voices. Through this consortium of like-minded women, with an overall vision to do whatever we can to help transform Indiana into, at the very least, a purple state.

This will take different forms, including but not limited to: being dedicated to political activism… helping to create & support liberal and progressive political candidates into office at all levels (national, state, and local).

Educate fellow Hoosiers so they become more informed voters.

Increase the number of likeminded voters in Indiana.

I couldn’t help wondering how many other grass-roots political efforts might be underway and essentially underground, devoted to efforts to highlight the dangers of MAGA extremism and the capture of the Republican party apparatus by Christian Nationalists. I get a large number of political publications and thanks to being older than dirt and a lifetime Hoosier, I know a lot of people here in Indiana, yet I’d never heard of Indiana Nasty Women.

Nor, it turned out, had I heard of at least fifteen other Indiana organizations working to turn out the sanity vote.

In a recent meeting with progressive activists, I was astonished–and gratified–to learn of multiple Indiana organizations formed since 2016. They’re working to educate voters about issues like reproductive rights, voting rights and the threat MAGA poses to democracy.

Several were surprisingly large. Most are run entirely by volunteers, and they overwhelmingly focus on encouraging Hoosiers to vote for Democratic candidates– from Joe Biden and Jennifer McCormick on down the ballot.

I’d never heard of any of them.

Bottom line: I’ve seen data suggesting that MAGA’s strength in Indiana “tops out” at 37%. That’s a very worrisome percentage, but it isn’t a majority. Hoosiers for Democracy, Indiana Nasty Women and these numerous other voluntary, under-the-radar organizations are immensely hopeful omens, especially since several are mounting grass-roots campaigns to turn out Hoosier voters–especially Democratic-leaning voters with spotty voting records.

In November, Hoosiers might be able shed our reputation as a northern Mississippi– a state firmly in thrall to MAGA’s assorted bigotries. 

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In Indiana, There’s a Reason For Low Turnout

Indiana’s Civic Health is poor. A number of studies and media reports confirm that–among other “civic deficits,” Hoosier election turnout is among the lowest of any of the states. As the linked article notes,

Indiana ranks among the lowest states in the country in civic participation. Groups from across the state met at the Indiana Civics Summit this week and hope to work together to boost civic engagement and increase voter turnout.

Much of the discussion at the summit was framed around the results of this year’s 2023 Indiana Civic Health Index. The report measures civic health by analyzing data about voting and voter registration, social and community connectedness, and civic awareness and action.

Indiana ranks close to last in the country in several categories measured by the report, especially those related to voting. Bill Moreau of the Indiana Citizen Education Foundation said these data points are a big problem.

“The civic health of Indiana is really pretty poor. Let’s just say it,” he said.

Moreau added that the report most recently listed Indiana as one of the states with the lowest voter turnout during midterm election years. The report compared Indiana to the other 49 states and the District of Columbia.

“This report, which is based upon 2022 election returns, has us ranked 50th for turnout,” Moreau said. “But we’re not last. Thank goodness for West Virginia, or we would be.”

Count me among the voices that have routinely echoed into the wilderness of civic indifference, begging students and readers to “do their duty” and cast their votes. But deep down, I’ve understood the truth of what the editor of the Indiana Capital Chronicle recently wrote–the reason so many Hoosiers don’t bother to go to the polls is because their votes really don’t count.
 
I’ve previously posted about an unsettling exchange some years back with a graduate student in my Law and Policy class. He was one of my best students, and he’d displayed a civic temperament and real interest in policy. I’d been exhorting students in the class to vote in an upcoming election, and he raised his hand. When I called on him, he explained that he’d recently moved to a bedroom community, had gone online to check his polling place, then looked at the ballot. There were zero competitive races–he’d confronted a Soviet-like ballot showing a single candidate for each position. He asked “Professor, why should I bother to vote?”
 
I had no answer.
 
As Oseye Boyd wrote in the Capital Chronicle, 

The cold, hard truth is sometimes your vote doesn’t matter — or that’s how it feels.

It’s not just voter suppression efforts such as gerrymandering where cracking and packing diminish voices and feed apathy, but it’s also gatekeeping by political parties that creates few choices, making it harder for voters to see why they should care.

Boyd referenced–among other elements of Hoosier undemocratic processes–“the change in state law that raises the bar to prove party affiliation has made it more difficult for newcomers such as Graves to break into politics and challenge the incumbent.”

Before 2022, you only had to vote in one recent primary to prove your party affiliation. Now, a potential candidates’ two most recent primary votes have to match the party they wish to represent. If you don’t meet this requirement, county party chairs can allow you to run by issuing a waiver. “Can” being the operative word. Without clear guidelines on waiver issuance, the decision is left to the whims of party chairs in each county, creating a hodgepodge of reasons for approving or denying waivers….

Now, only five of the 23 Marion County legislative races in the upcoming primary are competitive. That’s it. Five. The incumbents in the other 18 districts will win no matter what. Let’s be real, races without competition are boring and uninspiring. Candidates bring out their A game when there’s competition. Our political system should encourage public service not discourage it by creating arbitrary obstacles…

We can’t keep chastising those who don’t vote without acknowledging there’s a system that seems to only want a few people participating.

Don’t believe me? Look at the number of people who voted in Marion County’s last two primaries; it’s quite sad. In 2023, 12.74% or 79,156 people out of 621,384 registered voters cast a ballot. In 2022, 10.78% or 73,086 people voted in that primary. The number of registered voters was 678,067.

It’s impossible to dispute her contention that the way to get more people to vote is to give them something to vote for. 
 
 
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No Good Deed Goes Unpunished

Well, it appears I’ve missed an intriguing element of those abysmal “ad wars” being waged among candidates for the Republican gubernatorial nomination.

Apparently, Eric Doden’s most recent weird ad–in which he highlights his support for qualified immunity (and anything police might ever do) is based upon the only position Braun took during his six years as a Senator with which I actually agree–he sponsored a bill that would narrow the application of that doctrine. In the current primary contest, that’s a vulnerability.

What’s that old saying? No good deed goes unpunished.

I’ve addressed qualified immunity previously. To recap: The Ku Klux Klan Act of 1871 was a Reconstruction era-effort to address what one court termed the “reign of terror imposed by the Klan upon black citizens and their white sympathizers in the Southern States.” That law is now  known to practicing lawyers–especially civil rights lawyers– as Section 1983. It  gives citizens the right to sue state and local officials for depriving them of their constitutional rights, and to collect damages and legal fees if they prevail.

That’s great, except for the fact that the Supreme Court began to eviscerate the law more than 50 years ago with a doctrine it dubbed “qualified immunity.” As a judge in one case noted, it might just as well be called “absolute immunity.” Ruth Marcus explained it in a Washngton Post article a few years ago:

Nothing in the text of the 1871 statute provides for immunity — not a single word — but the court imported common-law protections in 1967 to shield officials operating in good faith.

Then, in 1982, it went further. To be held liable, it’s not enough to prove that a police officer violated someone’s constitutional rights; the right must be so “clearly established” that “every reasonable official would have understood that what he is doing violates that right.” There must be a case on point, except that how can there be a case on point if there wasn’t one already in existence. This is Catch-22 meets Section 1983.

Numerous justices across the ideological spectrum — Anthony M. Kennedy, Antonin Scalia, Clarence Thomas, Sonia Sotomayor — have criticized the doctrine. But the court has appeared unwilling to do anything about it. As its term concluded, the court refused to hear any of the eight cases offering it the opportunity to reconsider the doctrine.

 Lawsuits for damages are a crucial method for protecting everyone’s constitutional rights. Qualified immunity–protection against a damages verdict– is what lawyers call “an affirmative defense”–it can prevent the court from assessing damages even if the officer clearly committed unlawful acts.

In 1982, in a case called Harlow v. Fitzgerald, the Court established the modern application of the doctrine. Ignoring precedents that examined the “subjective good faith” of the officer being sued, the court adopted a new “objective” test. After Harlow, a plaintiff had to show that the defendant’s conduct “violate[d] clearly established statutory or constitutional rights of which a reasonable person would have known.” Ever since Harlow, the court has required plaintiffs to cite to an already existing judicial decision with substantially similar facts.

As a result, the first person to litigate a specific harm is out of luck, since the “first time around, the right violated won’t be ‘clearly established.’” A post on Lawfare gave an example.

A recent decision by the U.S. Court of Appeals for the Ninth Circuit illustrates this point. In that case, a SWAT team fired tear gas grenades into a plaintiff’s home, causing extensive damage. And while the divided three-judge panel assumed that the SWAT officers had in fact violated the plaintiff’s Fourth Amendment rights, it nonetheless granted qualified immunity to the officers because it determined that the precedents the plaintiff relied on did not clearly establish a violation “at the appropriate level of specificity.”

Justice Sonia Sotomayor called qualified immunity a “one-sided approach” that “transforms the doctrine into an absolute shield for law enforcement officers.” The doctrine “sends an alarming signal to law enforcement officers and the public. It tells officers that they can shoot first and think later, and it tells the public that palpably unreasonable conduct will go unpunished.”

One legal scholar has characterized the doctrine as a “through-the-looking-glass” example of jurisprudence that doesn’t simply excuse police violations of constitutional rights, doesn’t just grant police an exception to the axiom that “ignorance of the law is no excuse,” but that actually incentivizes law enforcement to remain oblivious to the rights of the people they serve.

I will admit to surprise–shock, really–that Braun understood the pernicious effects of this judge-made doctrine, and the way it encourages reckless police behavior. It is beyond ironic that his one bit of sensible behavior has become his biggest vulnerability in this primary. 

But no problem! His recent ads–showing slavish support for police and “law and order”– confirm that Braun is always about politics and never about integrity.

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Those Awful Ads

A couple of years ago, my children introduced me to the phrase “first world problems.” First world problems are irritants that annoy people who are privileged to be part of the affluent “first world”–a computer glitch, a bad hair day, a spoiled dinner…The sorts of problems that millions of people around the world would love to have.

One of my “first world” problems is the idiocy–and frequency–of the political ads for Indiana Governor and Congress.

My husband and I mostly escape ads of all sorts by streaming most of our television viewing, but as older folks, we watch “Wheel of Fortune” and “Jeopardy,” which come to us via live television. Given the demographics of the audience for those shows, they are prime venues for candidates hoping to reach elderly reliable voters, and as the primary election has drawn closer, we are inundated by claims and messages that appear to be aimed at uninformed intellectual cretins.

I’ve previously posted about Jefferson Shreve’s ads for Congress. (He barely had time to catch his breath after losing the race for Indianapolis Mayor before launching this campaign. Obviously, he wants to “be someone.”) Shreve’s ads are inane, misleading and arguably racist, but by far the most offensive messages come from a congressional candidate whose name escapes me (It’s Chuck something-or-other) who says the most important issue facing Indiana is “biological men playing women’s sports” and who brags that while serving in Indiana’s legislature, he sponsored “and passed” (all by yourself, Chuck?) a bill addressing that monumental issue. He ends by pooh-poohing opponents who think “international stuff” is more important than protecting real women athletes from those he labels “biological men.”

Then there are the interminable ads for the gubernatorial nomination.

One of the six candidates for governor–Eric Doden– proclaims that he is the only one who has “a plan” to address his selected issues–but he doesn’t bother to say what those “plans” are. He also proclaims that he’s the only candidate running for governor who will explicitly make his “faith” front and center (his ads prominently feature a bible and little white church)–an excellent reason for avoiding him, in my opinion.

All of the governor candidates save one have signed on to Trump’s MAGA party, and one–Mike Braun–boasts that he’s been endorsed by Trump. (The voice-over says “and we know why.” Yes, indeed we do, and a lot of us find that disqualifying.)  At least three of them claim to be “outsiders,” a claim that runs from ludicrous to factually dubious, and raises the question “why would I vote for someone who doesn’t have the background needed to understand the job?”

James Briggs is an opinion columnist for the Indianapolis Star, and recently responded to a question about those campaign ads, and why most of them ignore issues that are specific to the state.

Carl Gottlieb: Most of the campaign for governor commercials I have seen on TV seem to be campaigning against President Biden. I didn’t know he controlled the Indiana Statehouse? Where do these clowns stand on issues relevant to Indiana?

I agree it’s annoying how candidates operate like McDonald’s franchisees, offering templated menus to local communities. But, much like in the restaurant industry, political candidates are responding to market demands

You, me and (probably) most people reading this exist in a bubble where we want to see candidates offer policy-based discussion. But it’s a pretty small bubble!

A record 3 million Indiana residents, or 65% of registered voters, cast ballots in the 2020 general election. Turnout for those elections is typically below 60% — and it falls to around 25% for primary elections, which is what you’re talking about here with the GOP gubernatorial race (which is probably going to determine our next governor).

Among the people who show up and vote, most are busy living their lives. They pick up fragments of election-related information and file it away according to preexisting (and nationally oriented) understandings of politics.

Given the fact that a depressingly small number of voters can even name the current governor, Briggs points out that candidates with enough money to blanket the airwaves try to do three things:

No. 1, make people remember their names through Election Day; No. 2, link the candidate to values shared by voters; and No. 3, brand opponents as unacceptably awful and depress people who otherwise might vote for them.

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