What Now?

The last week or so has been an absolute tsunami of disappointments, bad news and terrifying omens.

The Supreme Court punted on gerrymandering, and issued several horrifying decisions: it upheld Trump’s travel ban, required public sector labor unions to represent non-member workers  who don’t pay for that representation, and upheld Ohio’s draconian voter purge program, among others.

Every one of those decisions will benefit the GOP in the midterms, and every one of them was 5/4.

Mitch McConnell undoubtedly feels very proud of himself, but the price of those legal victories–won with a “stolen” seat– was the legitimacy of the United States Supreme Court. Americans simply don’t know what a dispassionate Court composed of properly appointed, nonpolitical jurists would have decided, and they are convinced that the Court is now ideological rather than judicial.

Then, of course, we got the news of Justice Kennedy’s (long-rumored) retirement, and McConnell’s gleeful promise to seat a replacement (who will have passed the litmus test) before the midterms.

All this is on the heels of the humanitarian crisis at the border–an entirely unnecessary blot on our national honor (assuming we have any left) brought on by our racist President.

So what now? What should we expect?

Perhaps I’m wrong–I so frequently am–but I think we are heading for a period of civic disturbance that will make the 60s pale in comparison.

I just don’t think good Americans–and I remain convinced that good Americans are the majority–are going to passively watch their country taken down the road to fascism (as Madelyn Albright recently warned). We aren’t going to watch children being separated from desperate parents, Social Security and Medicare being raided in order to fund tax breaks for the already obscenely rich, or an economy that had finally recovered being trashed by tariffs imposed by a petulant and ignorant blowhard.

Americans aren’t going to sit still while that blowhard continues to embarrass the country, insult our allies, cozy up to (and probably collude with) our enemies, and divide Americans from each other with an unremitting barrage of racist, misogynistic rhetoric.

Trump’s constant (and ungrammatical) self-glorifying tweets may play well with his base, but they nauseate the rest of us.

The midterm elections will be critically important, but even if a “blue wave” materializes, we will in all likelihood no longer have a court system that defends stare decisis and the rule of law. We will still have the pent-up anger of hardworking Americans who have watched an already inadequate social safety net eviscerated in order to bestow extra dollars on people who don’t need those dollars. We will still experience the fury of women who are being told that they are less than equal, and that the government controls their bodies. And we will still have to deal with the frustration of citizens whose votes are suppressed, aren’t being counted, or are being discounted.

Those and multiple other civic frustrations are already beginning to erupt.

I don’t pretend to know how this will all play out, but I’m pretty sure it is going to get ugly before it gets better. America is in one of those periodic struggles for its soul–a struggle between the “good guys” who care about the common good and their fellow Americans, on the one hand, and the Trumpers who care only about themselves on the other. My bet is on the eventual victory of the good guys–but I know that a hell of a lot of people are going to get hurt in the meantime.

We need to just hang on. The next few years are going to be rough. And dispositive.

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Civility, Morality And The Tipping Point

A couple of recent episodes have triggered an important–and confounding–debate about the importance, including the strategic importance, of civility.

The incidents involved Sarah Sanders, the President’s spokesperson, who was asked to leave a restaurant unwilling to serve her, and patrons of two Mexican restaurants who heckled Steven Miller and Kirstjen Neilson, who were (inexplicably, given their official disdain for Mexicans) dining there.

Inhospitable and rude reactions are inconsistent with the way most of us were raised. Parental admonitions not to discuss religion or politics rested on concerns that passions might lead to impolite behaviors. The American devotion to free speech is based upon an underlying premise that everyone is entitled to his or her own opinion. Furthermore, civil debate and discourse are essential to genuine communication.

For all these reasons, nice people don’t call each other names, or accuse those with whom they may disagree of lying or evil intent. One of the most appalling features of an appalling President is precisely his flouting of that social convention–and the encouragement his boorishness provides to others to do likewise.

As Adam Gopnik points out, in an eloquent New Yorker comment, that deeply embedded preference for civility, for giving others the benefit of the doubt and a place at the table, runs into an equally potent concern based in history and human decency: the need to stand up to immoral and malevolent behavior.

Nice Germans looked away–they “didn’t notice” the disappearance of their Jewish neighbors. “Polite” Southerners who recoiled from lynchings and other racist injustices nevertheless failed to come forward to testify or protest.

When do moral imperatives outweigh the undeniable virtues of civility? And what about the more strategic argument–that naming and shaming the bigotry implicated in current anti-immigration attitudes and Trump support simply acts to harden deeply-rooted antagonisms, making it more difficult to persuade–or at least communicate with– those who may have more mixed motives or less hardened hatreds?

These aren’t easy questions, and they don’t have easy answers.

Recently, a Washington Post editorial criticized the restaurant that refused to serve Sanders. A friend of mine–ironically, one of the most civil and courteous people I know–responded on Facebook.

Those who share the politics of this flack, her father, and her boss refuse service to gays, harass women seeking to exercise their lawful right to abortion, and open carry weapons at rallies to intimidate their political opponents. The response of moderates on the left and right is, in essence, yes these people are ignorant and beneath contempt, but we must practice the noblesse oblige of modeling civility and not respond in kind. And we must refrain from criticizing the vapidity of their political base. I suppose that makes us feel superior, but I’m not sure I see what else it’s really getting us. Perhaps it’s true you can’t win a pissing match with skunks like Huckabee and Trump. The Republican right has vast stores of cruelty, meanness, hypocrisy, and irrationality that Democrats cannot and would never want to match. But increasingly I think that refusing to play hard ball with these liars, quislings, and religiofascists is merely its own form of condescension. The Republican Party is already batshit crazy, and politeness by its opponents hasn’t made it less so.

Jennifer Rubin, a columnist for the Post, highlighted an important distinction.

On CNN, Ana Navarro tartly observed, “You make choices in life. And there is a cost to being an accomplice to this cruel, deceitful administration.” So, are these reactions to Trump aides reassuring and appropriate acts of social ostracism that communicate to the cogs in a barbaric bureaucracy that they cannot escape the consequences of their actions? Alternatively, should we view these as a sign of our descent into incivility, evidence that we are so polarized we literally cannot stand to be in the same room as those with whom we disagree?

It depends on how you view the child-separation policy. If you think the decision to separate children from parents as a means of deterring  other asylum seekers is simply one more policy choice, like tax cuts or negotiations with North Korea, then, yes, screaming at political opponents is inappropriate. Such conduct is contrary to the democratic notion that we do not personally destroy our political opponents but, rather, respect differences and learn to fight and perhaps compromise on another day. If, however, you think the child-separation policy is in a different class — a human rights crime, an inhumane policy for which the public was primed by efforts to dehumanize a group of people (“animals,” “infest,” etc.) — then it is both natural and appropriate for decent human beings to shame and shun the practitioners of such a policy.

There are obvious dangers here. Plenty of political partisans–left and right– label every policy with which they disagree “immoral.” There are legions of insulated and self-righteous “defenders” of this or that religious dogma or political ideology who are always primed for down-and-dirty battle. These zealots manage to be both uncivil and counter-productive.

Nevertheless,  I think Rubin’s differentiation is key.

There is a point at which behaviors are so detrimental to democracy, so damaging to the social fabric and to human and humane behavior that failure to “name and shame” them is moral cowardice. Fair-minded people can debate–politely– where that point lies. We can–and should–feel genuine anguish when we believe we’ve reached it, when our desire to give others the benefit of the doubt can no longer justify responding to viciousness with silence or forced civility.

Individuals must locate that tipping point for themselves. For most of us, I hope, it will come only after we have given those with whom we disagree a great deal of latitude.

Being human, however, requires possession of a moral sense, and failure to speak out when that tipping point has been reached–failure to condemn actions that are an affront to human decency– is both a moral and human failure.

Some people have forfeited their right to a seat at the community table.

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Paving The Road To Trump

Politicians, pundits, political scientists and your crazy uncle all have their explanations for the election of Donald Trump, and most of those explanations have at least a germ of truth–or at least, plausibility.

Misogyny certainly played a role. Racism was a huge and undeniable factor. Hillary was a weak/divisive candidate. Bernie supporters voted for third-party candidates. The Electoral College overweighs rural votes. Russian disinformation was effective. Millions of Americans didn’t vote. Etc.

Whatever the merits of these analyses, it’s hard to argue with the observations in Alan Abramowitz’ new book, The Great Alignment: Race, Party Transformation, and the Rise of Donald Trump.” Abramowitz argues that Trump is the product of an ongoing multigenerational process that has reshaped American politics.

In his view, Trump is a striking result of that process. Like most other political scientists who concentrate on political party politics, Abramowitz sees the GOP as a conservative party in the sense meant by William F. Buckley: It is “standing athwart history yelling ‘Stop!'”

In a review of the book by Paul Rosenberg in Salon, Rosenberg says

Abramowitz writes that “while Trump won the election by exploiting the deep divisions in American society, he did not create those divisions,” and they won’t go away regardless of what becomes of his presidency. He provides an abundance of compelling, detailed evidence, most of which has been lying around in plain sight — in the American National Election Survey (ANES), the results of presidential and congressional elections, etc. But as with the story about Columbus and the egg, you can stare at something for a very long time before someone else shows you the obvious.

Most fundamentally, Abramowitz argues that the New Deal coalition “based on three major pillars: the white South, the heavily unionized northern white working class, and northern white ethnics” was eroded by post-World War II changes that have transformed American society. Those resenting the changes have become increasingly Republican, those welcoming them, increasingly Democratic.

Abramowitz asserts that racial polarization and the rise of negative partisanship were not only crucial to Trump’s election, but also explain his conduct in the White House “which can be described as governing by dividing.” The thesis of the book is that today’s strongly partisan electorate is deeply divided along racial, ideological, and cultural lines.

Rosenberg asked Abramowitz to identify the three most important–and misunderstood– realities of American politics today. His response:

That because of the rise of negative partisanship, we are in a new age of party loyalty and straight-ticket voting — despite the negative feelings of many voters toward the parties and the popularity of the “independent label.” That the divisions within the electorate are primarily racial and cultural rather than economic. That tinkering with electoral rules will not have much impact on partisan polarization because its sources are deep divisions within the society.

I find this analysis persuasive. And I realize that it is important to understand where we are and how we have gotten here. But the road to 2016 has now been pretty thoroughly plowed, and the more important questions are: where do we go from here? and how do we get there?

As a lawyer I once worked with like to say, there’s really only one legal question, and that’s “what do we do?” That axiom is equally applicable to politics and governance.

I’m waiting for the book that tells us how to resist and overcome the racism, misogyny and inequalities that drive our divisions–the book that tells us what we must do to build a better, kinder, fairer society.

The book that tells us how to calm the fears that make our fellow-citizens hate.

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Bread, Circuses and Snake Oil

Abraham Lincoln summed it up pretty well: you can fool some of the people all of the time, all of the people some of the time, but not (so he said and so we hope) all of the people all of the time.

From itinerant peddlers selling snake oil to today’s more sophisticated propagandists selling political nostrums, there have always been hucksters preying on our very human yearning for simple solutions for what ails us.

Drink this, and your brain tumor will vanish/your belly fat will disappear. Believe that, and you will no longer feel disoriented/diminished. Vote for him (rarely if ever her) and he’ll make (your preferred version of) America great again.

A recent column in the New York Times put a name to those who pander to that all-too- human yearning: charlatan.

It’s impossible to characterize a historical period before it’s over, but I think one plausible name for our era will be the Age of the Charlatan. Everywhere you turn there seems to be some kind of quack or confidence man catering to an eager audience: Fox News hosts like Sean Hannity have moved from pushing ill-informed opinion to flat-out conspiracy mongering; pickup artists sell “tried and true” methods for isolated young men to seduce women; and sophists pass off stale pedantries as dark and radical thought, selling millions of books in the process. In politics, too, our highest office is occupied by a man who was once aptly called a “carnival barker.”

What makes us so vulnerable to charlatans today? In part it’s the complexity of the modern world and the rate of technological and social change: Quackery provides what Saul Bellow once called a “five-cent synthesis,” boiling down the chaotic tangle of the age into simple nostrums.

The author refers us to a long-forgotten 1937 book titled “Die Macht des Charlatans,” or “The Power of the Charlatan.” It was a history of the quacks who roamed Europe in the Middle Ages and early modern period, written by an Austrian journalist  named De Francesco (but published, for obvious reasons given the date, in Switzerland).

Ms. De Francesco explains that the word “charlatan” comes from the Italian “ciarlatano,” itself probably related to the verb “ciarlare,” which means to babble or to go on incessantly without reflection. The original charlatans would babble on and on to mesmerize their audiences.

Babble without reflection. A perfect phrase to describe the noises that come out of President Trump’s mouth…

Nor was that the only parallel to be drawn. The book described the “often elaborate” shows mounted by Medieval and Renaissance mountebanks, with musicians, clowns and even performing animals. ( Presumably, too early for cat videos..)

Ms. De Francesco observes that this was the beginning of the mass communication techniques perfected by the public relations and advertising industries.

Crucially, the charlatan provides palliatives for a confused public. These nostrums can be either literal pills or phony ideas, for as Ms. De Francesco notes, “a quack is a quack — whether he sells opinions or elixirs.” Frequently they sell both. See for example Alex Jones, one of the most popular charlatans of the present age. He peddles bizarre conspiracy theories, including that the Sandy Hook shooting was a hoax, but also his own line of snake oil in the form of dubious dietary supplements.

Bottom line: when reality bites, entertainment that distracts you, easily grasped “explanations” for your predicament– and especially some “other” to blame for your problems– will ease your discomfort. In Roman times, it was bread and circuses. 

Today it’s Fox News….

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They Don’t Even Bother To Dog-Whistle Anymore

The basic line of demarcation between pro-Trump and anti-Trump partisans is now too clear and too well-documented to misunderstand. As my youngest son has maintained since the election, there were two–and only two–categories of people who voted for Trump: those who  agreed with and felt validated by his too-obvious-to-ignore racism, and those for whom that racism was not disqualifying.

Pundits and political observers on the left were deeply uncomfortable with that reality. “Nice” people looked for other plausible reasons for those votes: economic distress, hatred of Hillary, partisan affiliation. But as research on the vote has emerged, even polite formulations (“racial anxiety”) and studies conducted by academics noted for their rigor and lack of political agendas have confirmed the degree to which racism predicted support for Trump.

If any dispassionate observer still doubts that conclusion, the behavior of the Trump administration, its supporters and its propaganda arms should dispel those doubts. The fixation on immigration (from the southern border, not the north) and the fact-free demonization of brown immigrants is a clue too obvious to ignore.

Brian Kilmead of Fox News–the administration’s propaganda arm–speaks for Trump’s supporters when he says 

And these are not — like it or not, these aren’t our kids. Show them compassion, but it’s not like he is doing this to the people of Idaho or Texas.

The “us versus them” formulation could hardly be clearer.

For those of us who tend to look at what they do, not what they say, the picture is even clearer.

A ProPublica analysis.. found that, under Secretary of Education Betsy DeVos, the department has scuttled more than 1,200 civil rights investigations that were begun under the Obama administration and lasted at least six months. These cases, which investigated complaints of civil rights violations ranging from discriminatory discipline to sexual violence in school districts and colleges around the country, were closed without any findings of wrongdoing or corrective action, often due to insufficient evidence….

ProPublica also found that the Office for Civil Rights has become more lenient. Under Obama, 51 percent of cases that took more than 180 days culminated in findings of civil rights violations, or corrective changes. Under the Trump administration, that rate has dropped to 35 percent.

ProPublica noted that the Trump administration has largely shelved investigations of systemic violations, opting to look instead at individual complaints.

One long investigation terminated by the Trump administration took place in Bryan, Texas. As ProPublica previously reported, the Dallas bureau of the federal civil rights office spent more than four years investigating whether disciplinary practices in Bryan discriminated against students of color. Federal investigators found at least 10 incidents where black students received harsher punishment than their white peers for the same conduct.

Weeks before Trump’s inauguration, federal investigators and the district were on the cusp of a settlement that would have required more than a dozen reforms. But after DeVos took over, the case and the pending settlement were scuttled, with no findings of wrongdoing.

In late April, OCR also shelved the investigation into school discipline in DeSoto County, where 852 students — more than half of them black — received corporal punishment in 2015.

Shelia Riley, the chairperson of DeSoto’s school board, told ProPublica that OCR’s decision was appropriate. “I read the [parents’] claims and I just felt like we were fair in our disciplinary decisions,” she said.

Google “Trump Administration racism” and the search will return–among many, many other “hits”– sober analyses of the ways in which the administration’s racism is affecting foreign policy, the role of race in the administration’s shameful neglect of Puerto Rico, the racism of proposed “reforms” of welfare programs, and the way Trump “encourages a pro-white semiotics and a return to racisms past.”

The Civil War may have ended slavery, but America’s “original sin” has persisted. Honest observers can no longer ignore it; “nice, polite” people can no longer pretend that grandpa just has “policy differences” with dark people. Trump owes his election to the voters who couldn’t abide the presence of Barack Obama in the White House–and who rewarded the bigot who remains willing to “tell it like [they believe]it is” in the ugly world they inhabit.

We aren’t in Kansas any more, Toto–and we’ve gone way beyond dog-whistles.

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