Mike Leppert Nails It

One of the most frustrating aspects of today’s information environment is its fragmented nature. Many of us  depend upon widely respected national sources of news and even wisdom–the Heather Cox Richardsons and others who bring scholarship and acumen to in-depth discussion of the issues that confound us. Fewer of us know about or subscribe to blogs and newsletters produced by local folks–and that’s a shame, because many of them deserve to be more widely read. I’ve updated my blogroll to include a couple, including that of my friend Michael Leppert, whose weekly posts can be accessed here. I highly recommend them.

Mike is currently a lecturer at Indiana University’s Kelley School of Business, and an adjunct professor at IU’s O’Neill School of Public and Environmental Affairs. He’s also a columnist and an author. (I was honored to write the introduction to his first book, Contrary to Popular Belief.) He has worked for the State of Indiana and as a lobbyist. Because he knows how things work, his blog is a deeply informed look at politics and the policy process.

A recent post, in my humble opinion, hit it out of the park.

Leppert was considering the abortion landscape after Dobbs, and reminding voters that–on reproductive rights– We the People have the right to the final word.

In his policy classes, Leppert says he’s focused on two primary ideas: “One, that governing is choosing; and two, there is no bigger asset or burden in the public policy process more powerful than time.”

The best contemporary policy example to use for understanding American democratic processes is the debate on women’s reproductive health freedom. Not just because of the Dobbs or Roe decisions, but because it is a policy that is truly a governing choice, unimpacted by infinite conditions beyond decision-makers’ control.

Unlike economic conditions or foreign policy, which are impacted by infinite conditions beyond anyone’s control, voters have the opportunity to determine the extent of abortion rights.

In some states, unlike Indiana, voters have access to referenda or initiatives. As he notes:

Eleven states are headed for referenda votes in November on constitutional proposals to create or protect abortion rights. Nine of them were initiated by voter petition. Four of those states already effectively have bans in place. Even Arkansas reached their threshold of signatures last week just before that state’s deadline.

In states where voters can vote, they either already are, or soon will. And because of the Dobbs decision, a vote on reproductive freedom is no longer a hypothetical discussion. There is data to drive the thinking of those clinging to rational thought on the matter.

He proceeds to outline some of that data, and it’s compelling.

In Texas, which banned abortion in 2021, the infant mortality rate rose 8%, and birth defects increased by 23% (in the rest of the U.S. they decreased by 3%)

As Leppert reminds us, Texas state elected officials chose this.

Then there’s Idaho, a state that is manic in its zeal to eradicate women’s freedoms. Its bans have created a crisis of care, driving obstetricians from the state. In February, it was reported that 22 of the state’s 44 counties don’t have access to any practicing obstetrician. More than 50 of them quit practicing there since the state passed its ban in August of 2022. It already ranked in the bottom five of all states for maternal mortality outcomes….

The catastrophic choices have only begun to be impacted by the all-powerful influence of time…

Because he is a resident of Indiana, Leppert concludes by referencing just how out of touch our theocratic GOP officials are with the sentiments of Indiana’s voters.

Indiana’s time has now begun too. Judicial delays now exhausted, the bad data is being gathered in a state already ranked 44th in infant mortality, and 47th in maternal mortality. Recent polling on the issue shows the most unsurprising results I’ve ever seen, as reported by the Indiana Capital Chronicle.

Petition driven ballot initiatives aren’t available here, though 78% of voters here want it. 72% of voters are less likely to support incumbents who voted to block a referendum.

Hoosiers can and should vote accordingly.

The state’s embattled attorney general, Todd Rokita, has been aggressively seeking access to patient medical records of those who have received abortion care. 95% of voters oppose this access. “Peace on earth” wouldn’t get 95%, and even if it did, Rokita would likely fight it.

If the Republican candidates for statewide office are successful in November, we can expect Indiana to emulate Texas and Idaho  (with censorship and unremitting attacks on education thrown in)… The GOP’s “Christian warrior” candidates are even more extreme than the legislators who passed Indiana’s ban.

As Leppert reminded his readers: Hoosier voters will choose…

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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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Abortion Politics

Analyses of the midterm elections, and the failure of the anticipated “Red wave” have uniformly attributed that result to the potency of the abortion issue.  FiveThirtyEight has reported that in the 38 special elections that followed the midterms, Democrats have over-performed the relevant partisan lean — the relative liberal or conservative history of the area– by an average of 10%. Experts attribute that over-performance to the abortion issue.

A year after Dobbs, a Gallup poll found the issue had lost none of its potency.

A year after U.S. voters attached record-high importance to abortion as an election issue, a new Gallup poll finds it retaining its potency, particularly for the pro-choice side of the debate.

Currently, 28% of registered voters say they will only vote for candidates for major offices who share their position on abortion, one percentage point higher than the previous high of 27% recorded in 2022 and 2019.

A record-low 14% now say abortion is not a major issue in their vote. While similar to last year’s 16%, it is down nine points from the prior low of 23% recorded in 2007.

Results from referenda where voters are faced with a single issue are one thing, but what about the strength of the issue when it is only one element of a candidate’s agenda? Gallup polled that question, too.

Currently, 33% of registered voters who identify as pro-choice versus 23% of pro-life voters say they will only vote for a candidate who agrees with them on abortion. This advantage for the pro-choice side is new since last year.

What accounts for the continued salience of this issue?

For one thing, it’s easy to understand. Republicans and Democrats can argue about the causes and/or levels of inflation, they can debate the effects of “woke-ness,” or the size of the national debt. But debate over who should decide whether a given woman gives birth is straightforward–and it potentially affects every family.

The position of a candidate for public office on the issue is also a recognizable marker for that candidate’s positions on the use or misuse of government power generally.

Back when I was a Republican, the GOP argued for the importance of limiting government interventions to those areas of our common lives that clearly required government action. That position was consistent with the libertarian premise that underlies America’s Bill of Rights: the principle that individuals should be free to make their own life choices, unless and until those choices harm others, and so long as they are willing to accord an equal right to others.

Today’s GOP has utterly abandoned that commitment to individual liberty–it has morphed into a party intent upon using the power of government to impose its views on everyone else. (Actually, if the current ideological battle weren’t so serious, the hypocrisies and inconsistencies would be funny. As a current Facebook meme puts it, today’s Republicans believe a ten-year-old is old enough to give birth, but not old enough to choose a library book.)

As Morton and I wrote in our recent book, the assault on reproductive choice–the belief that government has the right to force women to give birth–is only one element of an overall illiberal, statist and dangerous philosophy. The fundamental right of persons to determine for themselves the course of their own lives and the well-being of their families is the central issue of our time–and it isn’t an issue that affects only women. (According to several reports, even the audience at Republicans’ recent debate failed to show enthusiasm when candidates all supported a federal ban on abortions.)

In the wake of Dobbs, Erwin Chemerinsky wrote:

The central question in the abortion debate is who should decide. Roe v. Wade held that it is for each woman to decide for herself whether to terminate a pregnancy. Dobbs v. Jackson Women’s Health Organization says it is for the legislatures and the political process. The only thing that is certain is that the implications—for women’s lives and for our society—will be enormous and for a long time to come.

We’ve noticed.

Voters may be unaware of the more technical–and worrisome–medical and legal implications of the Dobbs decision, but they clearly understand the difference between candidates who are willing to use the authority of government to impose their own beliefs on those who differ and those who are not. That clarity is the reason the abortion issue has been so powerful a motivator.

Analyses conducted after the midterms and subsequent special elections determined that abortion had been a major driver of turnout in what had historically been low-turnout contests. Whether those increases in turnout will hold in a Presidential election is the question.

The answer will constrain or enhance government power over individuals in areas well beyond reproductive choice.

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What About Whataboutism?

There are two kinds of “whataboutism.”

We’re all familiar with the first, which became fashionable thanks to TFG and is now a repeated response by those defending him. Did he try to overturn the election? Endanger American security by stealing classified and highly sensitive documents? Brag about grabbing women by the you-know-what?

Well, what about Hilary’s emails?

That particular expression of what has come to be called “whataboutism” is considerably less effective as the evidence of Trump’s activities has mounted; rational folks (granted, a smaller part of the population than I used to think) understand the difference between traitorous behavior and inadequate attention to the rules governing electronic devices.

Another form of whataboutism seems to be growing, however, and it is far more destructive of the civic landscape. It is manifested by otherwise reasonable people–many of whom hold progressive political values, but for one reason or another, have given in to cynicism and embraced a “plague on all their houses” viewpoint.

Has Republican A expressed a particularly racist or misogynist worldview? Critics of Republican A are met with “well, what about Democrat C, who once made a Polish joke?”

Is a Republican officeholder accused of criminal behavior? Well, there are undoubtedly Democrats who are just as crooked. Or just as greedy. Often, expression of those sentiments is followed by a pledge to abstain from voting, or an equally counterproductive plan to vote for a doomed third-party candidate.

Here’s the thing: the cynics aren’t wrong when they point out that no party has a monopoly on virtue. Are there dishonest, greedy Democrats? Sure. Does the Democratic Party include officeholders who shade the truth, act in less than honorable ways, harbor prejudices, and (horrors!)fail to prioritize your pet issue? Undoubtedly.

Excuse me, but– except in very rare, very outrageous cases–it shouldn’t affect your vote or your other  political support.

Talk about a double standard: non-insane Republicans who recognize the lunacy of the contemporary MAGA base repeatedly excuse the pandering and lying of the party’s candidates by telling themselves that candidates “have to” feed the prejudices and support the conspiracy theories of the GOP base in order to win elections. They assure themselves that those candidates really do know better, and they obediently march to the polls and cast ballots for anyone sporting an “R” next to the name.

On the other hand, Democrats all too often consider themselves too pure to do likewise.

Those who embrace a “pox on all your houses” view ostentatiously wash their hands of the political process, nursing their offended virtue. The offending candidate doesn’t even need to be dishonest or bigoted–in many cases, the mere fact that he or she once took a position with which the critic disagreed is enough to justify a self-righteous withdrawal of support.

This display of ideological purity isn’t simply immature. Given the agendas of today’s political parties, it’s suicidal.

Today’s Republican Party embraces an agenda that represents a U-turn from the principles that once characterized it. It is now the party of Donald Trump, Ron DeSantis,  Marjorie Taylor Green, Josh Hawley and Ted Cruz. (When even a thoroughly corrupt Mitch McConnell begins to look statesmanlike by comparison, the GOP rot is all too evident.)

The current Democratic Party is all that stands in the way of control by a cult that wants nothing more than a return to the “good old times”– separate drinking fountains for Whites and Blacks,  LGBTQ citizens consigned to the closet, and women dying  from back-alley abortions.

Some wise person coined the a phrase that’s appropriate to the choice Americans face in upcoming elections: Never let the perfect become the enemy of the good.

We got Donald Trump because a lot of Americans didn’t like Hillary Clinton. They didn’t agree with positions Bill had taken, or they found her personality unpalatable, or they just couldn’t bring themselves to vote for a woman…So they stayed away or voted for Jill Stein in states where those decisions made a difference.

And America got Donald Trump and an alternate reality that continues to appeal to a  number of  Americans whose lives aren’t going the way they wanted and who desperately need someone or something to blame for their problems.

Joe Biden has been an impressive and consequential President. It is a travesty that more Americans don’t recognize the significant achievements of his administration. It hasn’t been perfect, but it has been considerably better than good.

I’m confident that more Americans will vote for Biden than for whatever mean-spirited candidate emerges from the chaos of today’s GOP, but–given the Electoral College–Biden could be defeated by the “whatabouters” who consider themselves too pure to cast a ballot for an old guy who’s less than perfect.

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Who Should Vote?

I have an old, ratty t-shirt that says “Corporations are not people.” It dates back to the (in)famous exchange between a heckler and Mitt Romney, in which Romney–then the Republican candidate for President–proclaimed that “Corporations are people, my friend.” Needless to say, that declaration didn’t win him many votes. After all, corporations don’t vote.

At least, not in most places. Yet.

A reader of this blog recently sent me a CBS News article about a Delaware town planning to extend the franchise to “corporate citizens.”

Seaford, a town of about 8,000 on the Nanticoke River, amended its charter in April to allow businesses — including LLCs, corporations, trusts or partnerships — the right to vote in local elections. The law would go into effect once both houses of Delaware’s state legislature approve it.

The proposal has rekindled a debate over how much power corporations should have in local government, with fierce opposition from civic interest groups who say businesses already wield too much influence over politics.

“It was very shocking to see this attempt to have artificial entities have voting rights,” said Claire Snyder-Hall, executive director of Common Cause Delaware, a watchdog group.

Delaware is probably the most “corporate-friendly” state in the U.S., with business laws so favorable to the corporate form that the state boasts more than 1.8 million entities registered there. According to the linked article, companies outnumber human residents by nearly two-to-one.

This effort would seem to be the flip side of the widespread efforts to suppress the votes of human citizens. Whatever the merits  of the proposal (admittedly, I’m at a loss to identify those), allowing artificial persons to cast ballots would dilute the votes of actual people. I assume that’s the goal–giving the ballot to corporations would certainly tilt the playing field further in the direction of the communities’ business interests.

In all fairness, when human voters fail to show up at the polls, they bear considerable responsibility for their subsequent loss of voice. What’s that phrase? Use it or lose it…

Legislators have cast the change as a fix for low turnout in municipal elections and a way to attract business owners to the community.

“These are folks that have fully invested in their community with their money, with their time, with their sweat. We want them to have a voice if they choose to take it,” Seaford mayor David Genshaw told local station WRDE. Genshaw cast the deciding vote in a split City Council decision on the charter amendment in April, according to The Lever.

According to Delaware Online, there are 234 entities, including LLCs, trusts and corporations, headquartered in Seaford — a significant number for a town where an April election only garnered 340 votes.

It appears that other Delaware towns already allow corporations to vote, with results that might have been predicted:

In 2019, it was revealed that a single property manager who controlled multiple LLCs voted 31 times in a Newark, Delaware, town referendum, an incident that led Newark to amend its rules. And residents in Rehoboth Beach in 2017 beat back a proposal to allow LLCs to vote.

Delaware has long been noted for being “corporation friendly,” but until I read this particular news item, I didn’t realize just how friendly. The state allows owners of LLCs to stay anonymous. It relieves businesses of the “burden” of paying corporate income taxes. And as every business lawyer knows, the vast majority of corporations headquartered in Delaware– including two-thirds of Fortune 500 companies– don’t have a physical presence there.

American laws do consider corporations “people” for certain very specific purposes–doing business in the corporate form encourages economic activity that benefits us all. If you start a business and it goes broke, your personal assets can be protected from the business’ creditors. Without that protection, many fewer businesses would be formed. And–giving Romney credit for what he evidently meant in that infamous exchange–corporations are indeed formed, managed and owned by real people.

But in a society where the economic gap between the haves and the have-nots is uncomfortably large and continuing to grow–a country where legal structures already favor those with money and status– giving the already-privileged an extra tool to cement and augment their already significant advantages doesn’t seem like a particularly good idea.

The preamble to the Constitution of the United States begins with “We the People.” I’m pretty sure the Founders didn’t intend that “people” reference to include corporations.

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