Framing

The most important thing I learned in law school can be summed up with the adage “he who frames the issue wins the debate.” The most consequential move a lawyer–or any debater–can make is to define what the argument is all about. (Our idiot-in-chief clearly does recognize that, at least at some subconscious level, since his response to any and all accusations is always to insist that the real issue is whether the accuser is “fake.”)

What reminded me of that old law school conclusion was a recent article in the New York Times, citing a communications professor from Texas A&M, one Jennifer Mercieca. According to the article, her recent book addresses that issue– what she calls “frame warfare.” Mercieca argues that the power to name things is the power to define reality, and she identifies that tactic as Trump’s most potent. As she points out, it’s a tactic that goes hand in hand with his constant assertions that fly in the face of facts and evidence. Redefinitions of reality, she writes, have been central to his success.

As Mercieca explains frame warfare, “What you call a thing determines the contours of the debate around it — or precludes debate altogether. Did you borrow a car without permission, or did you steal it? Was the crush of migrants at the Mexican border an invasion or a humanitarian crisis?”

The importance of framing is obvious in the fulminations of America’s White Christian Nationalists. One of the most obvious examples is the debate about abortion. “Christian” paternalists focus on the “sin” of terminating a pregnancy–on the propriety of the decision being made by a pregnant individual. Civil libertarians insist that the issue is really who decides? In our frame, we ask: is this a decision government should have the authority to make, or is it a decision properly made by the  individual woman? As I used to tell my students, the Bill of Rights is essentially a list of things that government is prohibited from deciding–what prayer you say (or whether you pray at all), what political opinions you hold, whether you have a right to travel without offering justification to authority…

Back when Republicans could credibly claim to be proponents of limited government, many weighed in on the side of  individual liberty. (I remember–back in the day– being part of a group called Republicans for Choice.) Barry Goldwater famously said that government didn’t belong in either your boardroom or your bedroom. (That belief also led him to support gay rights–he even got an award from PFLAG.)

Rather obviously, if we decide that the role of government is to require people to live in accordance with God’s will, we have to decide whose version of that will government should enforce. “Christian” nationalists are fine with giving government that power, so long as they get to be the arbiters of what is “godly.’ They also talk a lot about religious liberty–for them. They aren’t so solicitous about religious liberty for adherents of other (wrong) religions. Their version of religious liberty turns out to be their liberty to use government to impose their particular religious beliefs on those who don’t share them.

It isn’t just the “Christian” nationalists whose framing is perverse. It’s also MAGA. 

Just what makes America great? Or more properly, since “again” is a prominent part of that slogan, what DID make America great? If you listen to Trump’s base, it’s pretty clear that their version of “greatness” requires the social dominance of straight White males. 

Over the past several years, Americans have stopped debating policy–after all, policy debates require evidence, consideration of past experience ….FACTS. It requires respect for people who come to the conversation with a different–but rreality-based– perspective. The reason we can no longer engage in civil discourse is that MAGA has framed control of government as a fight between the resistance of those of us who live in the real world and their right-their need– to impose their “alternate reality”–their preferred frame– on the rest of us.

I think the proper frame for the culture war we are fighting is this: Both MAGA and the “Christian” nationalists want to take America back to a time that never was.

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Texas Again

Texas really should serve as the primo example of a thoroughly UnAmerican state, a first-place spot that has been occupied until now by Florida. Granted, Florida won’t give up its win without a fight, and DeSantis’ success in turning Florida into a quasi-fascist state is impressive in a horrifying sort of way. But Texas is a worthy competitor.

We’ve all seen the death and destruction that accompanied the recent floods, and while Trump’s inept administration contributed significantly to the tragedy, the refusal to provide adequate warning mechanisms was a state and local decision. That bit of bad governance shouldn’t have come as a surprise; the administration of Governor Abbott–an administration that includes the state’s slimy Attorney General Ken Paxton and a GOP-dominated legislature–has diligently followed the MAGA (and Florida) playbook.

A few examples:

As enthusiastic participants in MAGA’s war on education, Texas has passed laws restricting expressive conduct on public campuses—banning protests and reassigning governance authority from faculty to politically appointed boards.

In its zealous war on immigration, Operation Lone Star has used razor wire and troop deployments, and engaged in mass busing of migrants to so-called “sanctuary cities.” The state also created state-level crimes for illegal entry and empower state judges to deport migrants–measures even the very conservative Fifth Circuit ruled unconstitutional.

Texas has enthusiastically fought the culture war: banning abortion, banning gender-affirming treatment for minors, and threatening medical professionals with license revocation.

Texas Republicans have eliminated Diversity, Equity & Inclusion efforts wherever possible, and removed such offices from public universities.

The state passed a law restricting content moderation on social media (an effort that has been temporarily blocked).

Because cities have a tendency to vote Blue, Texas passed what has been dubbed a “Death Star” law, restricting the powers of municipal governments to pass progressive policies. (A Travis County judge struck it down as unconstitutional interference in local self-governance.)

The Texas GOP’s Christian Nationalists won passage of a senate bill 10 requiring display of the Ten Commandments in public school classrooms.

Given the fact that many of these efforts have been stymied by courts noting their inconsistency with that pesky constitution, Abbott is emulating Trump; The Houston Chronicle recently accused Abbott of judicial appointments intended to reshape the Texas Supreme Court in his image.

It isn’t just the Texas Supreme Court. The Lever recently published an expose of a new kind of “court packing” in the great state of Texas.

On Sept. 1, Texas is slated to open its new business courts, a brand-new legal system backed by Big Oil — and several of the court’s main judges have in the past represented fossil fuel companies as lawyers, The Lever has found.

The judges were hand-picked over the last two months by Texas Republican Gov. Greg Abbott, a major recipient of oil industry cash — and many can be quickly replaced if they hand down decisions he opposes, a judicial design that he championed.

The courts consist of 11 regional business courts and a new statewide court of appeals to hear appellate litigation, which are expected to have immediate impacts on environmental cases in the state. As Public Health Watch, an independent investigative news organization, reported last month, a suite of cases involving state environmental authorities will now be transferred from a generally liberal appeals court to the state’s new Fifteenth Court of Appeals, created to oversee the business courts.

There, these cases will be decided by a panel of conservative judges historically friendly to industry — particularly oil and gas interests, a powerful force in Texas.

As a leader of the state’s Public Citizen organization put it, Abbot has created a “boutique court for corporations where he, not the voters, gets to pick the judges.” The article goes into some detail about the judges who have been appointed–details unlikely to comfort litigants who might be hoping for dispassionate judicial conduct.

For the past several years, pundits have predicted a revolt by Texas voters sufficient to turn the state purple, if not Blue. Extreme gerrymandering has forestalled that revolt, if indeed it was imminent, and as I posted a few days ago, Abbott has now called for a mid-cycle redistricting–a move urged by Trump as a means to maintain GOP control of the House of Representatives.

Political experts are dubious about the tactic. As Politico has explained,

The thoroughness of Texas’ gerrymander during the last round of redistricting in 2021 leaves no room for Republicans to grow their 25-member majority among the state’s 38 seats in the House of Representatives. Any alteration of the map will only hurt the GOP’s sitting incumbents and comes with a risk of backfiring.

We can only hope.

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It’s All About Bigotry

When Trump was elected in 2016, I was regularly reprimanded for insisting that MAGA was all about racism. People kinder than me (and that’s a lot of people) wanted to see MAGA voters as folks voting pocketbook issues, not as a re-emergence of the Confederacy or KKK.

The political science research that just keeps coming, however, supports my much less polite analysis. 

Let’s face it: we are fighting a new version of the Civil War. This time, the people who stand to benefit most from defending  bigotry aren’t the owners of plantations–they are the plutocrats and grifters dismantling the American system for profit–but like those plantation owners, our contemporary would-be overlords are using racism to enlist the support of a population desperate to believe that their religion and/or skin color makes them superior.

The evidence is overwhelming. There are the efforts to erase that hated DEI, the constant war on “woke-ism,” and the very unsubtle movement to substitute nationalist mythology for accurate history.

A recent example: An administration that has hollowed out the ranks of rangers who tend our national parks is now insisting that those who remain scrub park gift shops of “corrosive ideology.”

Remaining staff members have been ordered to report the presence of any retail item that “inappropriately disparages Americans past or living” or that includes in its description “matters unrelated to beauty, abundance or grandeur.” (It will be interesting to see how park leaders follow the administration’s directive in parks established to pursue an individual mission–for example, parks created to inform the public about the civil war, Indigenous history, slavery or other topics the Trump administration considers “defamatory” of historical Americans.) 

Hardly less obvious is the scorn and contempt constantly heaped by MAGA on urban America. As Paul Krugman has recently–and accurately–noted, these ugly assaults on the nation’s cities are both vile and dishonest–and all about bigotry. What really bothers MAGA about urban life is the idea that non-white people are exercising political power.

After Mamdani won New York’s Democratic primary, Treasury Secretary Scott Bessent declared that New York is about to turn into “Caracas on the Hudson.” As Krugman observed,

Bessent isn’t really deeply worried about Mamdani’s economic ideas. But he feels free, maybe even obliged, to slander a foreign-born Muslim with language he would never use about a white Christian politician, even if that politician were (like some of his colleagues in the Trump administration) a total crackpot.

Krugman points to the resurgence of raw racism emanating from the Trump administration. That racism is apparent in the cuts at the National Institutes of Health, which are

so tilted against racial minorities that a federal judge — one appointed by Ronald Reagan! — declared he’d never seen a record where racial discrimination was so palpable. You can see it in the renaming of military bases after Confederate generals — that is, traitors who fought for slavery. You can even see it in a change in the military’s shaving policy that is clearly custom-designed to drive Black men — who account for around a quarter of the Army’s new recruits — out of the service.

One problem with bigotry is that it feeds on itself. The definition of “my tribe” contracts. We saw it in Nazi Germany, where–as Martin Niemoller famously wrote, eventually there is no one left to “speak out for me.” As Krugman writes,

Now, maybe you imagine that you yourself won’t suffer from this new reign of bigotry and imagine that everyone you care about is similarly safe. But if that’s what you think, you’re likely to face a rude awakening.

I personally don’t have any illusions of safety. Yes, I’m a native-born white citizen. But my wife and her family are Black, and some of my friends and relatives are foreign-born U.S. citizens.

Furthermore, I’m Jewish, and anyone who knows their history realizes that whenever right-wing bigotry is on the ascendant, we’re always next in line. Are there really people out there naïve enough to believe MAGA’s claims to be against antisemitism, who can’t see the transparent cynicism and dishonesty?

The fact is that the Trump administration already contains a number of figures with strong ties to antisemitic extremists. The Great Replacement Theory, which has de facto become part of MAGA’s ideology, doesn’t just say that there’s a conspiracy to replace whites with people of color; it says that it’s a Jewish conspiracy.

There really is no “middle ground” between White Christian Nationalism and the American Idea.  Which of those will prevail is what this iteration of the Civil War is all about.

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The War On Inclusion

It’s a simple word, intended to communicate an equally simple concept. “Inclusion” is the practice or policy of extending equal access to opportunities and resources for people who might otherwise be excluded or marginalized. In other words, it’s an affirmative effort to avoid discriminating against people based upon their race, religion or disability…a commitment to simple fairness.

The goal is to treat people as individuals, to avoid unfair exclusions that aren’t based upon the  deficits of a particular person but rather upon the practice of stereotyping all members of a group–a practice properly described as discrimination. What is it about that goal that so terrifies the MAGA cult? 

Here in Indiana, our MAGA Governor Mike Braun has proudly announced the elimination of “DEI” from hundreds of state programs and websites. As various outlets around the state have reported, that effort has included cancellation of grants to reduce racial health inequities, elimination of scholarships for Black and Hispanic students, bias training workshops and much more. Programs have been abolished, and references to them in agency websites erased in order to comply with a directive from Braun that ordered agencies to replace “diversity, equity and inclusion,” or DEI, throughout state government.

Instead, Braun decreed that state policies would elevate “merit, excellence and innovation.” 

I will just note in passing that the individuals currently governing Indiana fail–monumentally–to exhibit either merit or excellence, and that MAGA’s sole “innovation” has been an effort to return the state to the 1950s. I will also note that the clear intent of  substituting “merit and excellence”  for “equity and inclusion” is to convey the racist belief that merit and excellence aren’t attributes to be found in minority populations.

The Capital Chronicle dove into Braun’s effort, examining more than 3,800 pages of information released, and listing numerous examples highlighting the fervor of the attack on previous state efforts to ameliorate the effects of entrenched bigotries. For example, the Indana Department of Health has eliminated two positions– a disparities coordinator and a maternal health coordinator–despite the fact, as the Chronicle noted, that “Indiana has one of the worst maternal mortality rates in the world — and Black mothers are more likely to die in the year following childbirth than their white counterparts.”

The linked report lists the elimination of dozens of these efforts, many of them obviously motivated by a desire to exclude minority populations, and others just unintentionally stupid or even humorous. The Indiana Economic Development Corporation, for example, which spends millions of dollars annually in an effort to bring new business into the state, has reportedly “revised its efforts.” I guess that means the agency won’t work to recruit businesses headed by Blacks or women, or enterprises seen as “woke,” despite the agency’s primary mission…

What about the other terms in DEI that so offend our MAGA White Christian male overlords?

Diversity simply means differences. For decades, scholarship has confirmed the benefits of diverse schoolrooms and business enterprises–benefits that are particularly important in a very diverse polity. If I visit your widget store and see no one who looks like me, it turns out that I am less likely to buy my widgets from you. If I am a resident of a city or town entirely governed by folks who represent only a small segment of the population, I’m less likely to participate in political life and more likely to harbor grievances.

And what about that third word: equity?

Equity is defined as the quality of being fair and impartial. Equity does not require giving minority folks extra advantages; it is a commitment to avoid disadvantaging people who don’t share your race, religion or able-bodiedness. When members of a majority group refuse to extend fundamental fairness to people outside their tribe, they are sending a message. They are telling us they don’t want to compete on a level playing field.

They are telling us who they are.  

Have some of the DEI efforts of the past few years gone overboard? Have some of them been less than effective–even “tilting” the playing field a bit too much? I’m sure they have. Whenever a society makes an effort to remedy a previous unfairness, some folks will go too far (and others will be too timid to be effective). But the all-out assault on efforts to erase practices that have been unfair and prejudiced isn’t an effort to correct excesses. It’s an effort to reinstate old prejudices, to offer justifications for bigotries, and to reinforce White (straight) male supremacy.

The Trump/MAGA assault on civic equality is an effort to return to some very Bad Old Days. We cannot allow it to succeed.

 
 
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As If We Needed Confirmation

The Washington Post recently published an article with the shocking news that “Republicans are abandoning pluralism.” Forgive my language, but no shit, Sherlock!

Let’s take an honest look at what the MAGA cult–the 21st Century version of the Confederacy– has accomplished in its effort to remake the United States into a country dominated by White men.

Thanks largely to Mitch McConnell, the GOP successfully managed to subvert the Supreme Court–to replace dispassionate judges with submissive pawns willing to jettison constitutional precedents and eviscerate the Separation of Powers in a wholly unAmerican effort to take the country back to the days when White Christian males ruled the roost, and women and minorities were decidedly unequal.

MAGA has always been about one thing and one thing only: Making America White Again. Good people frequently express astonishment over the cult’s devotion to Trump–an odious gangster unfit for any office, let alone the presidency. What they fail to see–or perhaps resist acknowledging–is the racist basis of that support. As we’ve seen with the passage of the horrific “Beautiful Bill,” MAGA folks are willing to deprive themselves of healthcare, willing to accept a lower standard of living, willing to bend the knee to masked ICE brownshirts, if they can thereby assure themselves of the continued social dominance of men with white skin.

MAGA emerged to confront their existential dread of a society in which women, Black folks, Jews and Muslims–not to mention gay folks–could consider themselves civic equals. When rational people scratch their heads and wonder why poorer Americans are “voting against their own interests,” they fail to recognize where those interests truly lie–and it isn’t in the pocketbook issues where Democrats (understandably but erroneously) believe those interests lie. Their interests are cultural, not financial.

Only people who are intentionally blind can fail to see the anti-DEI hysteria for what it is. Efforts at equity and inclusion are seen by MAGA as an assault on their privilege. In the racist mind, equality and inclusion of the previously marginalized is simply discrimination against White guys.

The cited essay by Philip Bump includes a report I’ve seen elsewhere, about a sixth-grade teacher who had hung a banner in her classroom, one that many of us have seen elsewhere: it shows a range of heart-holding hands, each in a different hue. The banner has a single statement: “Everyone is welcome here.” As Bump notes, “It’s an anodyne sentiment, at worst, but also a celebration of multiracial community. And for that reason — and explicitly that reason, as a school official explained in an interview in March — the banner was determined to be unacceptable.”

Saying that “everyone is welcome” has become a political statement in the way that “science is real” has become one. Not because these statement themselves are political or even particularly controversial. No, they are now tainted with politics because they reject the right’s rejections of both objectivity and pluralism.

It isn’t only race, of course. Misogyny and homophobia are part and parcel of the White Christian Nationalist worldview.

Bump notes, for example, that Republican support for same-sex marriage has fallen since 2022, when most Republicans supported it. Now, only 4 in 10 do, a level not seen since 2016.

CNN released polling last month that illustrates another shift centered largely among Republicans. Conducted by the firm SSRS, the poll asked Americans whether “having an increasing number of people of many different races, ethnic groups, and nationalities in the U.S.” was threatening or enriching to American culture. Most respondents said enriching — though Republicans were about evenly split between the two.

Notably, the pollsters asked the same question in 2019. Since then, Republicans have gotten 25 percentage points more likely to say that American diversity is threatening to our culture. Among White people, the increase was 16 points.

Bump shared polling that showed Republicans much more likely than others to say that White people face discrimination.Research also shows that most Republicans don’t see discrimination as having anything to do with economic inequality. Instead, Republicans are likely to attribute those inequalities to a lack of hard work and “will power” by Black Americans.

MAGA is filled with fearful, angry people desperately clinging to the evaporating tribal privileges that Trump is promising to restore. They’ve made a lot of progress while the rest of us weren’t paying attention, and it is going to take a monumental, concerted effort  to defeat them.

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