Tag Archives: Mike Pence

RFRA, Pence and Holcomb

What has been interesting about having Indiana’s Governor Mike Pence on the national ticket  has been the research on Indiana’s Governor being done by national media outlets.

Here in Hoosierland, we know Pence as an avid culture warrior uninterested in the day-to-day administration of state agencies. We know him as an opponent of Planned Parenthood whose disinclination to authorize needle exchanges led to an HIV crisis in southern Indiana, as an adversary of public education responsible for diverting millions of dollars from the state’s public schools in order to provide vouchers for religious schools, and of course as the anti-gay warrior who cost the state economy millions of dollars by championing and signing RFRA.

The national press has investigated Pence’s previous activities, both in Congress and as editor of the Indiana Policy Review, a (very) conservative publication. What they’ve found won’t surprise anyone who has followed Pence, but the research has confirmed that the Governor has certainly been consistent….

For example–and despite his disclaimers of discrimination to George Stephanopolous and others–Out Magazine unearthed an earlier article advising employers not to hire LGBTQ folks, and describing homosexuality as a “pathological” condition:

“Homosexuals are not as a group able-bodied. They are known to carry extremely high rates of disease brought on because of the nature of their sexual practices and the promiscuity which is a hallmark of their lifestyle.”

Another article, from December of 1993, was entitled “The Pink Newsroom” and argued that LGBTQ folks shouldn’t be allowed to work as journalists without being forced to identify themselves as gay publicly, since their LGBTQ status would surely create a conflict of interest when writing about politics.

Other outlets have reported his efforts while in Congress to defund Planned Parenthood, his speeches warning against the use of condoms, his insistence that climate change is a “hoax,” and his longstanding support of creationism and denial of evolution.

It’s highly likely that the Trump-Pence ticket will lose nationally in November, relieving Indiana voters of the task of defeating Pence at the polls. In his place, the GOP is running Eric Holcomb for Governor. Holcomb, it turns out, is pretty much a Pence clone. (The link has video from his meeting with the editorial board of the Indianapolis Star.)

Eric Holcomb had his chance to distance himself from the economic disaster of Mike Pence’s RFRA legacy in Indiana.

Instead, in a painful 4 minute answer to the Indianapolis Star editorial board, Holcomb doubled down on the same discrimination law that risked $250 million for state’s economy, and threw his weight behind Pence’s failed agenda.

Holcomb has previously embraced all of Pence’s agenda.

In November, we’ll see whether Hoosier voters have had enough of incompetence and theocracy, or whether we will vote to endure more of the same.

This is a very strange political year.

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“Embracing” Mike Pence

Indiana’s political version of musical chairs has now resolved itself into a ballot that offers Hoosiers some unanticipated choices.

Who would have predicted a re-entry of Evan Bayh into Hoosier electoral politics? Who would have imagined Mike Pence on the Trump Train? And who, exactly, is Eric Holcomb, our sudden candidate for Governor?

Holcomb, who spent something like three months as Pence’s chosen Lieutenant Governor, after the departure of Sue Ellspermann (the only woman and arguably only competent member of the Administration) has emerged as our new and improbable candidate for Governor. As part of his introduction to the Hoosier electorate, Holcomb has told media outlets that he intends to “embrace” Mike Pence’s record. Holcomb has also been quoted as saying that he is “quite proud” of Pence’s tenure, and “proud of where the state is now.”

Holcomb has thus tied himself firmly to a record that many of us predicted would elect John Gregg in November.

I can’t help wondering just how completely Holcomb really “embraces” the particulars of Pence’s record. Does Holcomb share Pence’s “culture war” goals, for example? If so, which ones?

No sane candidate is likely to promote passage of another RFRA, given the civic and economic damage caused by that unforced error, but what about adding “four words and a comma” to Indiana’s civil rights law, and protecting LGBTQ Hoosiers from being discriminated against simply because of who they are? Governor Pence adamantly opposed civil rights protections for Indiana’s gay citizens. Does Holcomb “embrace” that opposition?

And which of Governor Pence’s approaches to pre-school funding does Holcomb “embrace”—his original decision to decline an 80 million dollar grant that would have created a statewide preschool program, or the U-turn he took on that issue this year, when his original decision turned out to be politically damaging?

Speaking of education, if Glenda Ritz is re-elected as Superintendent of Public Instruction, is Holcomb prepared to let her do her job, or will he “embrace” Pence’s constant efforts to strip her of authority over the state’s educational policies? Will he “embrace” and continue Pence’s practice of diverting funds from Indiana’s public schools in order to finance the nation’s most extensive voucher program–a program that largely benefits religious schools—even though a recent Brookings Institution study confirmed that voucher students’ reading and math scores were significantly lower than the scores of similar students who remained in public schools?

Does candidate Holcomb “embrace” Pence’s continuing war on Planned Parenthood and women’s reproductive rights? Did he support the bill the Governor so eagerly signed—subsequently struck down by a federal court—that, among other indignities, required women to conduct funerals for their aborted or miscarried fetuses?

Does Holcomb “embrace” and plan to continue Pence’s efforts to keep organizations like Catholic Charities and Exodus from resettling Syrian refugees in Indiana? Is he “proud” of this mean-spirited retreat from “Hoosier Hospitality”?

What about Indiana’s crumbling infrastructure? Is Holcomb “proud” of the condition of Indiana’s roads and bridges? And what about economic development? Is Holcomb “proud” that the majority of new jobs Pence brags about pay less than a living wage?

I can’t wait to hear just how far Holcomb’s “embrace” extends.

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Just Give Me the Money!

We need to ask Governor Pence just what part of “accountability” he doesn’t understand.

The IBJ recently reported that the administration is refusing to give the federal government access to information about HIP 2.0–the system that he used to implement Medicaid while insisting that it WAS NOT MEDICAID, NO SIREE! Well, in all fairness, it did have differences; it covers fewer Hoosiers than a simple Medicaid expansion would have done, for one. Call it Medicaid-lite.

The plan was sufficiently in compliance with Medicaid regulations to allow the federal government to fund it–on condition that they evaluate the program after it had been in effect for a period of time. When the time came for the state to submit information needed for that evaluation, however, Pence refused to comply.

The most recent flare-up between the Pence and Obama administrations came when Indiana missed a June 17 deadline for submitting data to the federal government on who was enrolled and what kind of benefits they were receiving.

Now, maybe I’m missing something, but when the agency that is paying for a program asks for information needed to determine how you are using its money, it seems reasonable that you would comply.

But of course, the words “reasonable” and “Mike Pence” are rarely found in the same sentence. (That’s probably why Trump finds him congenial.)

Indiana officials, however, have balked for months at the federal review, saying they are conducting their own outside review.

“I am concerned that two evaluations being conducted at the same time has the potential to create contentious outcomes which can impede fair, impartial and empirical analysis of demonstration projects,” Pence wrote in December to the U.S. secretary of health and human services.

To some observers, the conflict seems to boil down to this: Pence doesn’t trust the federal government to do a fair evaluation.

Gee–if I were the federal government, I wouldn’t trust Pence to administer a fair system.

A former state official has a theory about why a simple element of accountability–a look at the books to determine whether federal funds are producing the agreed-upon results–has Mikey’s panties in a twist:

“From the beginning, when Pence established this Medicaid expansion by using HIP, he has struggled to make it look like it’s an Indiana plan, not a federal plan,” said Sally McCarty, former Indiana insurance commissioner under Democratic Gov. Frank O’Bannon, and a former senior research fellow at the Center of Health Insurance Reforms at the Georgetown University Health Policy Institute.

“He probably doesn’t want to relinquish ownership of any of it and give any control to the federal government,” McCarty said.

He just wants the money–no pesky “accountability strings” attached.

I don’t think it works that way.

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Why Am I Not Surprised?

The Governor steps in it again.

Gov. Mike Pence is using a recent Indiana Supreme Court decision to argue that he should not be required to release documents that have been deemed by law to be public records.

The Indiana Supreme Court ruled April 19 that it won’t compel lawmakers to release their emails to the public, even though it said the Access to Public Records Act applies to the General Assembly. The court said the separation of powers in the Indiana Constitution means the courts should not tread on lawmakers’ turf.

Now, Pence wants that same logic applied to him.

Of course he does. He also wanted to operate his very own “news bureau,” so that “news” would portray him in a favorable light.

The Indiana Supreme Court’s decision in the recent Koch case dismayed the legal community, for a number of reasons. The Court cited separation of powers–saying that it lacked the authority to overrule the legislature’s own interpretation of the law requiring disclosure.

In the Koch case, Citizens Action Coalition and two other groups the tried to get access to emails between utility companies and Rep. Eric Koch, R-Bedford, who is chairman of the House Energy Committee. The Supreme Court found that determining whether those documents counted under the APRA as legislative work is a “non-justiciable question,” meaning a matter it cannot adjudicate.

In the immigration case, Groth requested the contract the governor entered into with Barnes & Thornburg, who sued for the state instead of Indiana Attorney General Greg Zoeller, as well as copies of firm’s invoices. He also sought emails between the Texas Attorney General, who led the suit, and Pence’s office.

But the documents Groth received back were “heavily redacted,” he said, so he complained to the Public Access Counselor and ultimately filed the suit.

What is at stake here is a basic tenet of good government: are citizens entitled to information about contracts that their elected officials have entered into? Information about the expenses involved? The usual answer is: yes. That’s what is meant by transparency–an important aspect of democratic governance.

If voters cannot access information about the way their government works, they lack important information on which to base their votes. We call that sort of information “accountability.”

Public access advocates say their fears about the recent Indiana Supreme Court decision are already coming true.

Kerwin Olson, executive director of the Citizens Action Coalition, said he was worried the Supreme Court case would have negative, far-reaching implications, and this appears to be one of them.

“The Pence administration is already citing Koch as an additional authority to deny releasing government documents,” Olson said. “it’s quite astonishing and troubling. It further shuts the door to accountability and transparency in government when we should be going the opposite direction.”

The Indiana Supreme Court’s ruling is troubling, and not just because it is an open invitation to Mike Pence and the legislature to shield their actions from the voters. As Steve Key, executive director of the Hoosier State Press Association, noted

“If the judiciary takes this position, it would eviscerate the Access to Public Records Act because every agency would argue that a judge shouldn’t judge whether a document should be released under an APRA request if the agency’s position is that the record is part of its internal operations,” Key said. “The public’s ability to hold government officials accountable would be greatly hamstrung by such a policy.”

Ya think?

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Truly Torn

Oh, Mike Pence! Sometimes you do confound me! Apparently, you’ve accidentally done something good!

According to a recent report in The Indiana Lawyer, 

Under the administration of Gov. Mike Pence, legal fees paid to the American Civil Liberties Union of Indiana have soared beyond $1.4 million and may approach $2 million, according to an Indiana Lawyer analysis. The $1.4 million total does not include fees that have been or will be paid in the current fiscal year ending June 30 or other legal fees ACLU claims are owed by the state. The fees represent the state’s payment of legal bills to parties who prevail in federal court on claims that government action violated their constitutionally protected civil rights.

Regular readers of this blog will remember that I spent six years (1992-98) as the Executive Director of Indiana’s ACLU. Those were rewarding years in so many ways–I learned so much and met so many wonderful people; it was so gratifying to be part of an organization that defended individual liberties…..

But I must admit that the most vivid memory I took with me when I left the ACLU for academic life was the constant pressure of fundraising. We had wonderful lawyers and dedicated clerical staff, and we all worked for a pittance–but I had to raise that pittance. The ACLU only has two sources of income: charitable gifts (fundraising) and legal fees.

And legal fees aren’t a given. The organization only gets legal fees when it wins a lawsuit and the law allows such recovery. Even when the organization is successful and the case is a fee-generating one, it can take years of litigation–first, the case itself, then a fight over fees…

So I really, honestly do want to thank Governor Pence for his largesse to Indiana’s ACLU. I mean, $2 million dollars is a windfall! It should allow the ACLU some much-needed “breathing room,” some assurance that it will “be there”–in a position to protect LGBT Hoosiers from discrimination, reproductive rights from theocratic lawmakers, public school students from government-imposed prayer, law-abiding citizens against official overreach…Well, you all get the idea.

Here’s another idea: Each time Indiana’s constitutionally clueless Governor and AG lose another case to the ACLU, let’s all send the ACLU a few extra dollars to celebrate. Because after November, I have a feeling this bonanza may dry up….and Jane Henegar, the wonderful current Executive Director, will have to resume her begging.

Send a few bucks to Indiana’s ACLU in “honor” of Governor Pence.

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