Rokita Again…

Among the worst results of the recent election was the local–and sadly predictable–victory of Indiana’s statewide Republican ticket. Mike Braun can be expected to obediently follow the Trumpist/MAGA line. Micah Beckwith and Jim Banks are self-proclaimed Christian Nationalist and an embarrassment to the state (and, actually, to intelligent humans pretty much everywhere.) But Todd Rokita may actually be the worst choice Hoosiers made, if only because he was running for re-election after a term in which he displayed what he is for all to see–an unethical publicity hound consistently pandering to the very worst of the MAGA base.

And he is at it again–(mis)using the resources of his office to pursue ideological, rather than legal, ends. This time, it’s an effort to intimidate Indiana organizations that serve immigrant populations.

One of those organizations is Su Casa, a nonprofit organization that was issued a civil investigative demand by the office of the Indiana Attorney General. The purported reason was an inquiry into human trafficking. Su Casa–along with many other entities in Indiana that serve immigrant communities– are being “questioned” by the AG’s office, probing how they serve migrant communities.

Su Casa was founded in 1999 as a response to the increase of Latin American immigrants arriving in Columbus, Indiana.  The majority of them had limited English proficiency, and Su Casa provided assistance and removed barriers to essential services in that community. It’s mission is to “increase self-sufficiency, health, economic independence, education, and ensure Latino families feel safe and belong here.” Its website says “Su Casa believes that all residents should have equitable access to the tools and support needed to be successful regardless of socio-economic or immigration status, gender identity, sexual orientation, race, or beliefs.”

MAGA cultists like Rokita consider such beliefs unacceptably “woke.”

When I did some research, I discovered that the Attorney General has initiated investigations into several organizations– including nonprofits, government agencies, and businesses– that work to facilitate what the cult deplores as an  “influx of migrants into Indiana communities.” These investigations purport to be about labor trafficking and “the strain on local resources due to increased migrant populations.”

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The Arrogance Of Power

As Indiana’s election looms, the enduring truth of one of Jennifer McCormick’s talking points is hard to miss: it’s time for a change.

Indiana has been ruled by Republicans for over twenty years. We’ve had Republican Governors and a Republican legislature–and for the past several years, a Republican super-majority in that legislature. For any political party, a persistent lack of balance–and thanks to gerrymandering, a perceived lack of any real competition–leads to corruption. (“Power corrupts” is as old and hoary an adage as “it’s time for a change.)

The problem with extended one-party rule isn’t simply that extremists can pass rules and push through legislation without considering contending viewpoints or public opinion–it’s that those exercising power come to believe that they can do anything they want, legal or not, without worrying about the consequences. Two recent stories–one from the Indiana Citizen and one from The Capitol Chronicle–are directly on point.

The Indiana Citizen reports on the continuing corruption of the Attorney General’s office headed by Todd Rokita. A Marion County Superior Court has sanctioned two state agencies and the lawyers from the Indiana Attorney General’s Office who represented them, detailing ongoing misconduct and ordering them to pay nearly $375,000. While the agencies involved are certainly not blameless, the responsibility for complying with court orders and responding truthfully to questions from the court and other litigants rests squarely on the shoulders of the lawyers representing them. 

According to the court, 

Respondents and their counsel committed multiple types of unacceptable misconduct on numerous occasions. They acted in an unreasonable manner with disregard for Petitioners, the Court and the orderly process of justice,” Joven wrote in the order granting petition for attorney fees and costs. “Further, Respondents failed to explain why the repeated acts of misconduct occurred and went uncured, failed to accept responsibility for the misconduct, failed to express remorse, and failed to identify steps that have been taken to prevent such unacceptable misconduct from occurring in the future.”

Worse, this evidently wasn’t the first time these lawyers had been sanctioned. Only a year before this case was filed, “the Indiana Department of Correction, its counsel from the attorney general’s office and the attorney general’s office itself were sanctioned in another case for making false representations to the federal judge, making false discovery responses and submitting a brief that contained false information.” In other words, despite that previous ruling, lawyers from the AG’s office persisted in conduct that violated their ethical and legal obligations.

Courts have also smacked down Todd Rokita personally. He hasn’t listened either.

Then there’s the case against Jamie Noel, the southern Indiana political heavyweight who who pleaded guilty earlier this month to 27 felonies. Noel’s corruption, and his cozy ties to numerous state Republicans, have been the subject of considerable reporting, but The Capital Chronicle has focused on the effects of that corruption.

When a life is on the line in the back of an ambulance, first responders are supposed to have the best tools available to give every patient a fighting chance, said former paramedic Crystal Blevins. But for many who worked at New Chapel EMS — the southern Indiana emergency service provider previously ran by now-convicted former Clark County Sheriff Jamey Noel — “the equipment and the medicine, a lot of the time, wasn’t there.”

“There was this lie being presented to the public about what New Chapel was giving — they weren’t fulfilling that promise. Jamey ran the service out of greed … telling us there weren’t funds for what we needed, and then we came to find out the money was there all along,” Blevins told the Indiana Capital Chronicle. …

Court documents indicate that Noel stole more than half of the taxpayer dollars provided to New Chapel by Clark and Floyd counties. In his last four years as leader, he pocketed at least half a million dollars in wages and spent $2 million more on vacations, clothing, Rolex watches, child support payments, his daughter’s college tuition and more, according to state auditors.

Noel served as the Clark County sheriff from 2015 until the end of 2022. He was also the Republican Party chair for both Clark County and Indiana’s 9th Congressional District. That made him the gatekeeper for southern Indiana’s Republican political hopefuls for the last decade.

Noel and Rokita are examples of the hubris that enables corruption. When a political party uses its legislative power to gerrymander the electorate and ensure its continuation of political control, that cronyism invites abuse by greedy and self-interested individuals who are confident that they are beyond the reach of angry constituents.

Power corrupts, and absolute power corrupts absolutely. It is definitely time for a change. 

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State-Level Choices

Most of us are obsessively focused on the national election, but the stakes of our state-level choices are equally dire–at least, in Indiana.

The Indiana GOP is running a staewide ticket composed of lunatic White Christian Nationalist Micah Beckwith, two Beckwith clones, and MAGA Mike Braun. I’ve posted numerous times about Todd Rokita, our embarrassing, unethical Attorney General. Today, I want to remind readers that the only difference between Beckwith and Jim Banks, who is running for the U.S. Senate, is that Banks is too politically-savvy to publicly claim the White Christian Nationalist title to which he is amply entitled.

Let me just reiterate why Banks is–as I’ve previously noted–wrong about everything. In Congress, he joined clowns like Jim Jordan and Marjorie Taylor Greene, pursuing a pro-Trump, anti-woman, anti-gay, anti-liberty performative politics.

He makes no bones about his desire for a national ban on abortion with no exceptions, not even for rape, incest or life of the mother. He has an A+ rating from Pro-Life America, and a 100% lifetime rating from the National Right to Life Committee. His voting record on abortion/reproductive health can be accessed here.

He opposes even the most modest efforts to control the proliferation of firearms. He opposes both a renewal of the ban on assault weapons and a federal “Red Flag” law. He supports concealed carry and has voted against background checks for private sales. His voting record on gun issues can be accessed here.

Banks calls climate change a “liberal hoax,” and the Biden Administration’s environmental efforts “a war on energy.” The League of Conservation Voters gives him a 1% lifetime rating. His votes on the environment can be accessed here. 

When it comes to labor issues, Banks gets a zero rating from the AFL-CIO. In the Indiana legislature, he supported “Right to work” legislation (dubbed by labor as “Right to work for less.”) On vote after vote in Congress, he has voted against labor; a list of those votes can be seen here. 

He continues to oppose any expansion of healthcare coverage, and rejects medical science. He voted against the most recent expansion of Medicaid and supports legislation that would ban vaccine mandates. He has voted to repeal the ACA, and against legislation that would prevent insurers from discriminating on the basis of pre-existing conditions.  A review of all of his healthcare votes is here.

Banks has voted repeatedly against efforts to fund research into the effects of marijuana. (Those anti-research votes track well with his “know nothing” approach to all issues.) Banks’ votes on issues related to pot are here.

He is an extremist on immigration. He supports finishing Trump’s wall, eliminating federal funding for sanctuary cities, and deporting “criminal illegal aliens.” He opposes legislation granting amnesty for any undocumented persons (presumably including children currently protected by DACA) and opposes any expansion of guest-worker programs.

Banks created the “anti-Woke” caucus in the House of Representatives and introduced legislation to outlaw any remaining affirmative action in college admissions. He has been dubbed “Focus on the Family’s Man in Washington.” He opposes all DEI (Diversity, Equity and Inclusion) programs. He has been especially vocal in his opposition to gay rights generally, and to trans children especially– in addition to his “Anti-Woke Caucus,” he has supported efforts to ban trans people from the military, prevent trans women from participating in women’s sports, and prevent medical personnel from treating children for gender dysphoria. He recently sponsored a particularly odious bill that would prevent agencies charged with placing children in foster homes from taking measures to see that gay and trans children not be placed with foster parents who have religious objections to homosexuality, saying that refusal to place those children in such homes was discrimination against religion.

Banks consistently attacks educational institutions of all kinds. He has vowed to investigate the National Association of Independent Schools, focusing on the group’s role in political advocacy and its tax-exempt status. He has threatened to “expose” what he calls “widespread political indoctrination” in America’s public schools, and has claimed that lawmakers have a “moral duty” to investigate the use of academic accreditation associations as “political tools by leftist ideologues.”

When Banks was in the Indiana legislature, he voted to allow instruction in creationism and enthusiastically supported the educational vouchers that send tax dollars to private, overwhelmingly religious schools.

And of course, he’s described Trump’s felony convictions as “rigged,” posting on social media that “New York is a liberal sh*t hole.”

As I’ve previously written, having a Neanderthal like Banks in Congress is bad enough. Electing him Senator would be worse.

Republicans should be embarrassed by the whole statewide ticket. As this Republican says, Hoosiers should vote BLUE this year.

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The Climate-Denial Party

How, I wonder, do climate-denying Americans manage to ignore the mounting evidence of climate change? I suppose I can understand that people might once have dismissed the overwhelming majority of scientists who’ve been warning us for many years. After all, the changes we actually have experienced until recently–things like spring coming earlier each year–have been subtle. But you’d think our recent episodes of weather disasters, the fires following unusual droughts, and the hurricanes made more powerful and destructive thanks to their paths over warming oceans, would have convinced them.

Evidently not. At least not Hoosier Republicans.

Not only did Mike Braun and Jim Banks vote against added funding for FEMA, Braun and Rokita have opposed Indiana utilities plans to phase out their dependence on coal. According to the Capital Chronicle, Braun just sent a letter to the Indiana Utility Regulatory Commission (IURC) opposing a coal plant’s proposed conversion to natural gas.

He urged commissioners to deny the conversion, and encouraged collaboration with policymakers to preserve coal’s role — “the most reliable baseload fuel” — while “looking to the future.”

Todd Rokita, Indiana’s embarrassing Attorney General, has been an even more avid protector of the fossil fuel. As another article from the Chronicle has reported, the Attorney general has urged utility regulators to deny early coal plant retirements.

Coal plants have historically had 50-year lifespans, according to a 2019 article published in Nature Communications. But they can last longer with fixes and upgrades.

U.S. coal plants are about 44 years old, in a capacity-weighted average, according to an analysis by the U.S. Energy Information Administration. Plants scheduled for retirement this year averaged 54 years of age: almost a decade older.

But coal plants decommissioned amid their expected decades-long lives have become a political flashpoint.

The IURC says it lacks the authority to prevent a utility from converting from coal–that the agency’s jurisdiction is limited to assessing the reasonableness of rates and other tasks spelled out in the legislation that established it. Rokita, however, argues that the IURC doesn’t need explicit authority. Meanwhile, Indiana’s Republican lawmakers have introduced a bill that would grant the IURC that specific authority. The article noted that the legislature might also require that such action be made mandatory and not discretionary.

House Bill 1382, introduced last session, would’ve spelled that out. It also laid out conditions utilities would’ve had to meet in order to apply for permission to close any “fossil fuel fired” plant. The proposal never got a hearing and died.

The Hoosier Environmental Council said that bill would slow Indiana’s transition away from coal, a dirty fossil fuel, to greener energy sources.

“Besides adding an unnecessary burden to the Indiana Utility Regulatory Commission, this bill encourages our public utilities to keep their current energy generation sources running as long as possible, which are majority fossil fuels,” the council said on its website.

Indiana’s GOP characterizes concern for the environment as an attribute of “far Left liberalism.” 

The digitally-altered Braun attack ad against Jennifer McCormick is telling. (It was also illegal…) That altered ad was intended to demonstrate to Hoosier voters that McCormick is “unacceptably liberal.” The evidence for that assertion included her prior support for Hillary Clinton and her current support for Joe Biden, a purported attack on gas stoves, and her intention to create a state office that would focus on environmental issues.

The altered ad was visually and textually dishonest. McCormick had never even mentioned gas stoves, and has made it clear that she’s concerned with weightier matters–like women’s reproductive rights. But that accusation was clearly intended to buttress the case for her “unacceptable liberalism.”

What is truly notable about that bit of egregious dishonesty is the obvious assumption that voters will agree with its premise: the only Americans who take climate change seriously are “far Left”–  that people who care about the environment are by definition “too liberal” for public office.

According to Indiana’s GOP, basic scientific literacy–not to mention common sense–is disqualifying. 

I don’t understand when climate change became a culture war issue. I don’t understand people who dismiss knowledge and expertise as some sort of phony elitism. And I really don’t understand how anyone even remotely aware of Hurricanes Helene and Norman can continue to ignore the evidence of their senses.

The Republicans’ rejection of fact, science and evidence does explain the party’s animosity toward education, and GOP support for the vouchers that encourage parents to send their children to schools that will “protect” them from “theories” like evolution and climate change.

It’s just another example of Republicans’ rejection of reality. Hoosiers need to vote Blue.

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Braun And The American Idea

If you were hiring someone to manage a manufacturing business, would you hire someone who didn’t know anything about the product your factory produced? What about a nonprofit executive who disagreed with the organization’s mission?

The answers to those questions is pretty obvious, but for some reason, when it comes to government, we don’t require evidence that candidates for office understand what government is and– just as important– is not supposed to do.

As early voting gets underway in Indiana, Hoosier voters are going to the polls to choose between two statewide tickets. One of those is composed entirely of candidates who neither support nor understand America’s constitutional system. Beckwith, Banks and Rokita are out-and-proud Christian Nationalists waging war against the First Amendment’s Separation of Church and State. They simply reject the system put in place by the Founders. Braun–who seems motivated only by a desire to be important–rather clearly doesn’t understand the role of government or the structure of American federalism.

One of the TV ads being run by Jennifer McCormick–who does understand those things–shows an earlier interview with Braun in which he enthusiastically endorsed the Dobbs decision that allowed state-level governments to ban abortion. When asked if he would also support criminalizing the procedure, he said he would. Less well-known was his opinion, shared in another interview, that decisions about same-sex and inter-racial marriages should also be returned to the states.

Evidently, Braun has never encountered the Fourteenth Amendment, which–among other things– requires state and local governments to govern in a manner consistent with the Bill of Rights, and forbids them from denying to their citizens “the privileges and immunities” of American citizenship. For over fifty years, those privileges and immunities have been protected by a doctrine called substantive due process, often called the “right to privacy.” That doctrine confirmed the principle that  “intimate” individual decisions—including one’s choice of sexual partners or the decision to use contraception (or more recently, the choice of one’s marriage partner) are none of government’s business.

Permit me to slip into “teacher mode.”

Constitutional scholars argue that the right to personal autonomy has always been inherent in the Bill of Rights, but it was  explicitly recognized in 1965, in Griswold v. Connecticut. Connecticut’s legislature had passed a law prohibiting the use of birth control by married couples. The law prohibited doctors from prescribing contraceptives and pharmacists from filling those prescriptions.The Supreme Court struck down the law, holding that whether a couple used contraceptives was not a decision government is entitled to make.

The Court held that recognition of a right to personal autonomy—the right to self-government—is essential to the enforcement of other provisions of the Bill of Rights.  Justices White and Harlan found explicit confirmation of it in the due process clause of the Fourteenth Amendment—which is where the terminology “substantive due process” comes from. Wherever it resided–in a “penumbra” or the 14th Amendment—the Justices agreed on both its presence and importance.

The doctrine of Substantive Due Process draws a line between decisions that government has the legitimate authority to make, and decisions which, in our system, must be left up to the individual. I used to tell my students that the Bill of Rights is essentially a list of things that government is forbidden to decide. What books you read, what opinions you form, what prayers you say (or don’t)—such matters are outside the legitimate role of government. The issue isn’t whether that book is dangerous or inappropriate, or that religion is false, or whether you should marry someone of the same sex, or whether you should procreate: the issue in America is who gets to make that decision.

Not the federal government. Not state governments. Individual citizens.

I will refrain from pointing out the impracticality of “states rights” on these intimate issues. (If you are in an inter-racial marriage and move to a state that forbids such unions, are you suddenly unmarried?) The more fundamental point is that allowing any unit of government to decide such matters violates the Bill of Rights and the libertarian philosophy that underlies our constitutional system.

Indiana’s MAGA GOP is offering voters an entire statewide slate of men who neither understand nor respect the Constitution–men who are applying for jobs without demonstrating any familiarity with the job descriptions.

Voters who feel comfortable allowing Indiana’s deplorable legislature to decide who they should be allowed to marry or whether they should be required to reproduce should vote for Braun and his merry band of theocrats. The rest of us will cast our votes for the Democrats.

Note: I voted early afternoon yesterday, on the first day of early voting. I stood in a fast-moving line for nearly an hour. If this year’s election will be decided–as I believe it will be–on turnout, it was a fantastic sign. 

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