We are all we have

November 2, 2021

     We can feel complacency setting in.  Many of us treat the daily drumbeat of alarming stories of how close Trump and his supporters came to violently overthrowing our democracy, and of how committed they still are to doing so, as mere background noise.  Just last week, The Washington Post reported that John Eastman, the architect who wrote the blueprint for the coup attempt in his notorious memo sought to use the Capitol insurrection itself as a basis for stopping the peaceful transition of power, (Source: “During Jan. 6 riot, Trump attorney told Pence team the vice president’s inaction caused attack on Capitol,” by Josh Dawsey, Jacqueline Alemany, Jon Swaine and Emma Brown, The Washington Post, 10/29/21).  Eastman alleged that the fact that Pence displayed a scintilla of decency by allotting his time to shaken members of Congress to speak once Congress reconvened violated the Electoral Count Act by extending debate beyond the specified two hours (ibid).

     Thanks to a massive data dump by Facebook whistleblower, Frances Haugen, we learned just how much Facebook chose “profits over safety,” and refused to take steps to stop the flow of incendiary misinformation because it might cost them money, (Source:  “Whistleblower Says Facebook ‘Chooses Profits Over Safety,'” by Ryan Mac and Cecilia Kang, The New York Times, 10/27/21)[NB:  The irony of my posting this on Facebook is not lost on me].

      Worse still, there is plenty of evidence that those who favor a fascist coup remain a clear and present danger.  The calls for violence against Democrats are escalating, with “almost one in three Republicans believing that violence may be necessary to ‘save’ the country.”  Yet Washington remains stuck, thanks to the performative obstruction of Joe Manchin, who takes perverse pleasure in playing Lucy with the football to the Democrats’  Charlie Brown.

      Frustrated by the sameness of the story, cushioned by rising 401k values and a receding pandemic, millions of us simply tune out.  We can’t be bothered with writing postcards, let alone knocking on doors or hitting the streets.  Many don’t feel threatened, even as women scream that Texas’ S.B. 8 turns us into compulsory baby making machines. Even if we felt heartened by the Supreme Court’s spirited questioning during yesterday’s oral argument, we remember that the Mississippi law which bans abortions after 15 weeks is likely to be affirmed by a Supreme Court more offended by a threat to its supremacy than a threat to Americans’ humanity, (Source:  “The Architects of Texas Abortion Ban Overplayed Their Hand,” by Mark Joseph Stern, Slate.com, 11/1/21).

     Many sit on their hands, even as Black, Brown and Indigenous people, who delivered The White House and Congress to the Democrats, scream that widespread voter suppression is nothing less than the dismantling of democracy.  Many look at the paralysis in Congress and blame the Democrats, rather than the Republicans who prefer fascist cosplay to governing.

     In the face of all of this, the governor’s race in Virginia shouldn’t even be close, yet many are more alarmed at the idea of their fragile children reading the work of a Black woman Nobel laureate whose work dares to depict the horrors of slavery, than of elected officials who cozy up to those who traffic in lies and political violence, (Source:  “Glenn Youngkin Was a Traditional Republican.  Then He Became a Culture Warrior,” by Jeremy W. Peters, The New York Times, 10/29/21).

Those folks have made it clear to the rest of us. Cosseted by comfort, they feel no threat from the destruction of women’s reproductive rights or the civil rights of BIPOC and LGBTQ Americans. They don’t realize that when they’re done with us, there will be nobody left to stand up for them.

#Weareallwehave

#Arepublicifyoucankeepit

The Devil They Know

September 25, 2021

     As trouble mounts on every front, from a barbaric Texas law that deprives women of their bodily autonomy to a spate of laws in 18 states that deprive people of color of their right to vote, Democrats in Congress are tied up in Gordian knots of their own making. Hamstrung by fealty to fusty procedures and paralyzed by posturing moderates, they are incapable of even crafting a strategy to avert the government shutdown being engineered by nihilist Republicans.

     Despite the existential threats to our democracy posed by the relentless attacks on voting rights and election integrity, Congressional Democrats are unable to eliminate or even amend the filibuster. The party is hostage to the performative centrism of Joe Manchin and Kyrsten Sinema, who are not only torpedoing voting rights legislation, but imperiling Biden’s “Build Back Better” agenda by objecting to its $3.5 trillion dollar price tag.  Very few are pointing out the hypocrisy of objecting to spending $350 billion per year over ten years on programs that will help Americans and confront climate change, while not saying a word while the $768 billion National Defense Authorization Act covering one year, passes in the House by a margin of 316 -113.

Last Sunday, our hopes of including immigration reform in the reconciliation bill were dashed when the Senate parliamentarian ruled that “the policy change would far outweigh the budgetary impact scored to it and it is not appropriate for inclusion in reconciliation,”. (Source: “In A Blow to Democrats, Senate Official Blocks Immigration Reform In Budget Bill,” by Claudia Grisales, npr.org, 9/19/21). Given that the proposal was projected “to increase GDP by a cumulative total of $1.5 trillion over ten years and create 400,800 new jobs,” this seems like a political decision made by an unelected bureaucrat. Democrats expressed “disappointment” with the Parliamentarian’s decision, pretending they were powerless to overrule or fire her in order to create a path to citizenship for 8 million undocumented immigrants.

        Meanwhile, at the Southern border, a full fledged humanitarian crisis erupted, which only got uglier by the day.  Last week, we learned that the Biden Administration responded to an encampment of 15,000 Haitian migrants seeking refuge from their dangerously unstable country by announcing a plan to speed up deportations.  The administration shipped 500 migrants back to Haiti in the first 48 hours after announcing its plan, (Source: “Some Haitians at U.S. border released, others deported, as pressure builds on Biden,” by Diana Beth Solomon, Reuters.com, 9/22/21).

     The day after we learned of mass deportations, images emerged of white Border Patrol officers on horseback grabbing and berating Black Haitian migrants, while wielding their reins overhead like whips, (Source:  “Images of Border Patrol’s Treatment of Migrants Prompts Outrage,” by Eileen Sullivan and Zolan Kano-Youngs, The New York Times, 9/21/21).

     The violent anti-Blackness was so sickening that it prompted Daniel Foote, the U.S. envoy to Haiti, to resign.  Foote wrote a blistering resignation letter, stating ““I will not be associated with the United States’ inhumane, counterproductive decision to deport thousands of Haitian refugees and illegal immigrants to Haiti, a country where American officials are confined to secure compounds because of the dangers posed by armed gangs in control of daily life.”

    Foote’s bracing moral clarity does not reckon with American complicity in that instability, but it is a welcome contrast to others in the administration who claim that Border Patrol depravity “is not who we are,” while packing planes to deport more Haitians in the middle of this crisis, (Source: “Biden Condemns Border Patrol Treatment of  Haitian Migrants as Expulsions Continue,” by Katie Rogers and Michael D. Shear, The New York Times, 9/24/21).  There is a marked contrast between the speed with which this administration relied on a reviled Trump era policy to deport Black migrants and its hesitation to pressure holdout Democrats to act to protect the Constitutional rights of Black citizens.  One has to ask – are Democrats more afraid of a truly representative multiracial democracy than of a takeover by fascist white supremacists?  All I can say is — actions speak louder than words.

Chickens coming home to roost

August 18, 2021

      Over the last week we have been transfixed in horror watching the rapid Taliban takeover in the wake of American withdrawal from Afghanistan.   The utter lack of resistance from Afghan troops has been stunning to witness, particularly in light of the investment of twenty years, billions of dollars and countless Afghan and American lives designed to prevent this very outcome.

      Images of people rushing American military planes in a desperate effort to flee evoke nothing so much as the fall of Saigon in 1975.  Our current foreign policy debacle may have its origins with the Bush administration, but accountability for it cuts across partisan lines and multiple administrations.  It stems from the American illusion that every country yearns to fashion itself in our image and the stubborn refusal to acknowledge actual conditions on the ground. 

    Meanwhile, stateside, we are trapped in a country seemingly gone mad.  We are in the midst of an out-of-control spike in COVID cases, made all the more enraging because it was entirely preventable.  Unlike 2020, when our only tools were masks, hand washing and social distancing, we have three highly safe and effective vaccines that a frustratingly large percentage of Americans refuse to take.

      That distrust stems from disinformation trumpeted by hypocritical right wing hacks on propaganda networks, or circulated in closed loop ecosystems on social media. That alone would have been enough to contribute to an increase in COVID cases, given the highly infectious nature of the Delta variant.  The fatal accelerant, though, has been Republican governors who believe that their path to The White House lies in being as Trump-like as possible.  They have issued orders prohibiting vaccine or even mask mandates, even as their hospitals run out of ICU beds and ventilators.

     Governors Abbot of Texas and DeSantis of Florida are the worst offenders, by far.  DeSantis not only banned mask mandates, but threatened to withhold the salaries of local school board officials who flouted his order, (Source:  “Ron DeSantis Takes His Hatred of Mask Mandates to a New Level,” by Benjamin Hart, NYmag.com, 8/10/21).  Not to be outdone, the Texas Alcoholic Beverage Commission threatened to pull the liquor license of any restaurant requiring proof of vaccination. Governor Abbott is not relenting on mask mandates, even as Texas has seen a 400% increase in COVID cases in the last month and 53 hospitals have run out of ICU beds, (Source:  “Texas Gov. Greg Abbott is literally fiddling while COVID-19 cases burn through overwhelmed hospitals,” by Peter Weber, TheWeek.com, 8/13/21).

     Their actions, in turn, have emboldened an army of belligerently idiotic vigilantes who attack public officials and parents who advocate for common sense public health measures in order to protect children!  In California, a teacher landed in the hospital after a parent attacked him over a mask mandate on the first day of school.   In Tennessee, parents and school board members advocating mask mandates were threatened by protestors who told them, “We will find you….You will never be allowed in public again,” (Source:  “Arguments Break Out in Tenn. Parking Lots as Parents Grow Heated Over School Mask Mandate,” by Rachel DeSantis, People.com, 8/12/21).

     The link between the wretched situation in Afghanistan and our confounding COVID response is the uniquely American tendency to staunchly hold on to opinions, regardless of actual facts, combined with our enduring belief that we can solve any problem with enough guns or money.  In Afghanistan, senior military officials ignored “clear signs of failure or futility,” for years, (Source:  “A 20-year failure to acknowledge a war gone wrong,” by Greg Jaffe and Greg Miller, The Washington Post, 8/16/21).  Here in the U.S., it has allowed the Delta variant to run rampant, as thousands of unvaccinated Americans choose to believe easily refutable myths over scores of epidemiologists and infectious disease specialists, (Source:  “Myths vs. Facts:  Making Sense of COVID-19 Misinformation,” by Doug Most, The Brink, Pioneering Research From Boston University, 8/13/21).  For centuries, American hubris has proven lethal to people around the globe.  With Delta, it looks like the chickens are coming home to roost.

How to survive a plague

July 18, 2021

     We watch in dismay as a dizzying number of our fellow citizens turn their backs on science in obdurate imbecility and send COVID case numbers skyrocketing upwards.  The willful ignorance being encouraged by the right wing media is having deadly consequences.  In the last week, the average number of coronavirus infections surged 70% and hospitalizations climbed 36%, (Source:  “U.S. cases surge as delta variant takes hold,” by Yasmeen Abutaleb and Frances Stead Sellers, The Washington Post, 7/16/21).  97% of the hospitalizations and “almost all COVID-19 deaths” are among the unvaccinated.  40% of the new cases come from just four states, with 20% of new cases coming from Florida alone, (ibid).

     Still death is no deterrent for the shameless hucksters peddling fact-free fear and hatred.  As the latest surge shows, they are turning their credulous viewers from vaccine hesitant to vaccine hostile, despite the fact that many of them have, in fact, been vaccinated. Trump’s acolytes across the country are turning their backs, not only on the recent scientific advances represented by the vaccine, but on a century of public health best practices.  Eight states have blocked schools and colleges from requiring proof of vaccination as a prerequisite for attendance and three of those— Arizona, Arkansas and Oklahoma— have banned in-school mask requirements, (Source:  “COVID-19 School Mandates for Masks, Vaccines Are Blocked in More States,” by Lee Hawkins and Aydali Campa, The Wall Street Journal, 7/16/21).

     It is hard to understand what the endgame is here.  These laws will undoubtedly lead to needless and entirely preventable illness and death, not only among the stubborn and credulous who buy into these irrational conspiracy theories, but among schoolchildren too young to be eligible for the vaccine, and among Black and Latino frontline workers forced to interact with these people in their jobs.  This lunacy is being propagated to foster distrust in an anodyne Democratic President who took the entirely reasonable position that his most important responsibility was to protect American citizens from a deadly plague.

     Sadly, this behavior is consistent with the peculiar American proclivity for ignoring inconvenient facts and insisting on one’s own reality in the name of “freedom.”  For many Americans, freedom doesn’t mean the pursuit of happiness, but the ability to assert power over the marginalized and more vulnerable, free from consequences.  For these Americans, their freedom is meaningless unless there are others who are less free.  They want, not only the right to live the life that they choose, but to choose the lives the rest of us live. That is the thread that unites these laws flouting common sense public health measures with draconian anti-abortion bills, and dehumanizing anti-trans bills. Their insistence on their own reality has led to a rash of bills banning “critical race theory” which the right wing has redefined so expansively that it would ban teaching students about Ruby Bridges,, whose heroism facing down angry mobs as a 6 year old girl to integrate the New Orleans public schools was memorialized in a painting by Norman Rockwell.

      The people passing these laws know that their positions are deeply unpopular, but rather than moderate their views, their strategy is to disempower the majority.  Since the January 6th insurrection, Republicans have doubled down on The Big Lie, using it to justify a spate of voter suppression laws targeting Black and Brown voters.  Although activists and voting rights advocates have been steadily sounding the alarm, the response from elected Democrats has been hapless and ineffectual. 

     Their single minded focus on passing Biden’s infrastructure package suggests that they believe that the same people rationalizing the January 6th insurrection and supporting the passage of memory laws can be swayed by new roads and bridges.   The Congressional Dems seem oblivious to the existential threat that elected Republicans and their supporters pose to democracy itself.  Their refusal to get rid of, or even amend, the filibuster suggests that they think democracy can be saved with some combination of earnest speeches and Black Girl Magic. We need to follow the lead of Rep. Joyce Beatty, LaTosha Brown and the other Black women activists and descend on the Capitol to remind Democrats who put them there.  We saved democracy once.  We can’t do it again without their help.

One person, one vote?

July 2, 2021

     On the last day of the term, the Supreme Court issued two decisions, Brnovich v. Democratic National Committee, 594 U.S. ___(2021) and Americans for Prosperity Foundation v. Bonta, 594 U.S.___ (2021), which together spell the end of American democracy.  This may sound hyperbolic, but even a cursory reading of these decisions leads to that conclusion.  In Brnovich, the Court finished the job that it started in Shelby Cty. v. Holder, 570 U.S. 529, and eviscerated the Voting Rights Act.

     Samuel Alito’s majority opinion, joined by the five other members of the Court’s ultra-conservative block, thoroughly rewrote the standards of Section 2 to turn them on their head.  In Alito’s radical view, statutes “with a disproportionate impact on racial minorities are not inherently unlawful,” (Source:  “How Unprecedented Is the Supreme Court’s Voting Rights Act Ruling?” by Mark Joseph Stern, Slate.com, 7/1/21).

     Justice Elena Kagan’s dissent shows just how much of a radical departure the majority’s decision represents. Justice Kagan exhaustively details how the majority both reinterpreted the plain meaning of the statute, and arrogated legislative power for the Court in a manner that arguably violates the separation of powers.  She notes that Section 2 of the Voting Rights Act “applies to any voting rule, of any kind.  The provision prohibits not just the denial, but also the abridgment of a citizen’s voting rights on account of race,” (Source:  Brnovich, dissent of Kagan, J.).

   Justice Kagan points out that in drafting Section 2  Congress explicitly focused on the effect, rather than the intent, of a given voting rule, because of the difficulty of demonstrating discriminatory intent.  As we know, the century of voter suppression that followed the enactment of the 15th Amendment relied on “facially neutral” poll taxes and literacy tests, (backed up by violent repression).  This disenfranchisement scheme was so effective that “by 1965, only 27% of black Georgians, 19% of black Alabamans and 7% …of black Mississippians were registered to vote,” (Source: ibid).  This is the past to which the Supreme Court’s Voting Rights Act decision condemns us to return.

      While the Brnovich decision will be an accelerant for Republican efforts to incinerate voting rights, yesterday’s companion decision in Americans for Prosperity Foundation v. Bonta, 594 U.S. ___ (2021) makes it easier for monied forces to hide their disproportionate influence on public debate.  In Bonta, the Court held that California’s law requiring nonprofits to disclose their donors violated the donors freedom of association rights under the First Amendment, on the theory that the mere threat of disclosure might deter people from donating to causes of their choice.  Chief Justice Roberts issued a sweeping ruling even though the state keeps donors’ names confidential and even though no individual donor had actually alleged that they were deterred.

       In her dissent, Justice Sotomayor pointed out that this decision “marks reporting and disclosure requirements with a bullseye,” which regulated entities can evade by citing vague “First Amendment ‘privacy concerns,’” (Source:  Bonta, dissent of Sotomayor, J.).  The majority’s departure from decades of Supreme Court precedent will facilitate the wholesale purchase of our government enterprise by dark money forces.

     The Court may cloak its sophistry in elegant phrases, but it is doing as much violence to our Constitutional order as the insurrectionists did on January 6th.  Like their Republican counterparts in Congress, the Supreme Court majority has gone all in on minority rule.  If the Democrats don’t get rid of the filibuster, we will be forced to conclude that they have too.

With friends like these

June 11 , 2021

     Democracy is on a collision course with itself.  It is at the mercy of an elected body of people, half of whom are actively working to dismantle it and half of whom are so concerned with slavish adherence to tradition that they are willing to sacrifice the entire 245 year experiment in self-governance on the altar of outmoded procedure.

     On Sunday, Joe Manchin published a garbled op-ed in The West Virginia Gazette trumpeting his opposition to the For the People Act.  Since Mondaire Jones dispatched with Manchin’s specious arguments here, as did Baltimore Sun columnist Peter Jensen here, there’s no need to repeat them.  Manchin’s opposition is frustrating, but hardly surprising.  He is a Democratic Senator from a state that voted 2-1 for Trump.  Whether his racist indifference to the voting rights of Black people is performative or bone deep really doesn’t matter.  The result is the same.

      Our focus should be on the 49 other Democratic senators and the Democratic President, who owe their majority and their presence in office to the Herculean efforts of BIPOC organizers who mobilized voters of color to deliver the margin of victory in Arizona, Michigan, Pennsylvania and Georgia (twice!).

     Even if elected Democrats believe (mistakenly) that the voting rights of Black, Brown, Asian and Indigenous Americans are an afterthought, their own self-interest should motivate them to pull out all the stops to protect voting rights.  At last count, 14 states have already enacted a suite of harsh voter suppression laws aimed squarely at BIPOC citizens and 18 more states have similar legislation tee’d up, (Source: “Voting Laws Roundup:  May 2021,” BrennanCtr.org, 5/28/21).  Without the support of people of color Democrats will not win.  They should be fighting like hell to protect voting rights, if only to keep their cushy government jobs.

      Instead, in the wake of Manchin’s ridiculous salvo we hear crickets from President Biden, while civil rights leaders are forced to go and plead with Manchin to respect the Constitutional rights of Black people, (Source:  “Sen. Manchin steadfast in opposition to voting rights bill after meeting with civil rights leaders,” by Mike DeBonis, Amy Gardner and Sean Sullivan, The Washington Post, 6/8/21).   Majority Leader Chuck Schumer’s tepid response was to promise to bring the bill to the floor this month, with no hint of a strategy for passage and no articulation of the critical urgency of protecting democracy.

      With friends like these, it is easy to fall prey to despair.  We can’t help but feel that we are doomed to an inexorable slide into autocracy.  We fear that it will be ushered along by hapless handmaidens too insulated from the impact of their ineptitude to act until it’s too late, but we are not powerless.  As Ezra Levin of Indivisible reminds us, the Civil Rights Act of 1964 had to overcome a 54 day filibuster.  If we want our senators to step up and protect democracy, we need to remind them who they work for.  We will need to make some noise and make them uncomfortable.  Summer is here.  It’s time to hit the streets.  Democracy depends on it.

#Indivisible.org

Tulsa on my mind

     We have long said that knowledge is power, but the ability to obscure, erase or bury facts that stand in the way of what you want to do is a power of its own.  The sunny optimism and complacency that is the American national character depends on that power.  The dark truth is that the maintenance of white supremacy is entirely dependent on a specific kind of ignorance.

       Our history is rife with examples of Americans clinging to that ignorance to maintain wealth, power and position.  Time after time, Americans deployed every tool in their arsenal to insist that their alternate reality be accepted as gospel.  Decaying urban neighborhoods were blamed on a Black “culture of poverty,” rather than official government policy that prohibited investment in Black neighborhoods, or an Interstate Highway System that systematically destroyed Black communities. Despite the fact that the first public schools in the South were established by Black people, who then waged a 50 year legal battle to regain access to those schools after Jim Crow, the so-called “achievement gap” is attributed to Black people not valuing education.

       Willful ignorance allows Americans to view the Black/white wealth gap as a puzzle to be solved by financial literacy classes for Black people.  They refuse to see it as the logical result of policy decisions that can only be addressed by an acknowledgment and an accounting of the cumulative impact of decades of the deliberate exclusion of Black domestics and farm workers from Social Security, Black Southern veterans from the G.I. Bill and Black families from buying homes in Levittown, (Source:  When Affirmative Action Was White, by Ira Katznelson, (W.W. Norton, 2006)).

      It is not simply that much of this country’s wealth was built on stolen land with stolen labor, although that is certainly true.  It is that whenever Black people achieved any economic prosperity or built thriving communities, white people destroyed them through state sanctioned violence.  It happened not only in Tulsa, but in Wilmington, North Carolina, Rosewood, Florida and Elaine, Arkansas.

     This is the history that the dozen states seeking to outlaw the teaching of critical race theory are trying to suppress, (Source:  “Nearly a dozen states want to ban critical race theory in schools,” by Caitlin O’Kane, CBSNews.com, 5/20/21).  Despite relentless demagoguery by Fox News, “critical race theory,” is not being taught in elementary schools.  Critical race theory is the name coined by 

legal scholar Kimberle Crenshaw for the “practice of interrogating the role of race and racism in society.” It “acknowledges that the legacy of slavery, segregation and the imposition of second class citizenship on Black Americans and other people of color continue to permeate the social fabric of this nation,” (Source:  “A Lesson on Critical Race Theory,” by Janel George, Human Rights Magazine, American Bar Association, 1/12/21).

     Thursday night’s Republican filibuster of the bipartisan bill to establish a commission to investigate the January 6th terrorist attack is the apotheosis of ignorance as policy and political strategy.  Those stonewalling further inquiry know that an investigation will show that pernicious white nationalism was the animating force behind the insurrection, white nationalism that they stoked with their misdirection and lies.  Remember that violence, silence and ignorance is the three legged stool that props up white supremacy.  We would do well to remember the words of Dr. Martin Luther King, “Ye shall know the truth and the truth shall set you free.”  It’s the only thing that can.

Bringing a knife to a gunfight

May 22, 2021

     It was much easier to combat evil when Trump was President.  It was easy to mobilize and fight against a crass vulgarian who wore his racism and corruption on his sleeve.  Biden is like Trump’s photo negative.  He’s an old, straight white man who exudes empathy, who craves connection rather than cruelty.  His comforting persona is what has allowed him to propose progressive policies that combine the economic populism of F.D.R. and the racial justice of LBJ.

     Yet the adherence to tradition that makes Biden a non threatening vessel for radical change risks making that change impossible.  Biden’s promise— that he can save democracy, lessen inequality and solve systemic racism—is sure to be broken if he insists on relying on hidebound traditions and outmoded procedures at a time when the other major political party is resorting to violence and lies in its pursuit of white nationalist power. All over the country, Republican leaders are turning their states into laboratories for autocracy, stripping their residents of Constitutionally guaranteed rights.

      Abortion rights are a prime example.  In the last week of April alone, 28 abortion restrictions were signed into law in states around the country. Several of the laws are drafted with the express purpose of giving the Supreme Court the opportunity to reverse Roe v.Wade,or to weaken it so severely that it becomes meaningless, (Source:  “A Guide to Abortion Laws By State,”by Kaia Hubbard, USNews.com, 4/29/21).  From Arizona and Indiana to Texas’ execrable fetal heartbeat bill signed into law by Governor Greg Abbott three days ago, these statutes treat women as nothing more than vessels for the continuation of the species, with zero agency or autonomy over their own lives or health.

       Just this week, the Supreme Court decided to hear a challenge to Mississippi’s restrictive ban on abortion after 15 weeks, despite the fact that there was no disagreement in the  lower courts, which all found the statute unconstitutional.  The Mississippi statute at issue was patterned after model legislation drafted by the radical anti-choice group, Alliance Defending Freedom, whose mission is to “eradicate Roe v. Wade.”. Amy Coney Barrett was a featured speaker at the Alliance’s summer fellowship program five times, starting in 2011.  The summer program’s stated goal is “to teach students ‘how God can use them as judges, law professors and practicing attorneys to help….the spread of the Gospel in America,” (Source:  “A perilous new era,” by Judd Legum,popularinfo.com, 5/18/21).  That mission explicitly contradicts the First Amendment of the Constitution that Justice Coney Barrett took an oath to uphold.  Sadly, that is not surprising.

      This Supreme Court is far from the august body that validated the civil rights of Black people in decisions like Brown v. Board, or women’s right to reproductive freedom in decisions like Griswold v. Connecticut  and Roe v. Wade.  This is a court dominated by right wing ideologues who are consumed with a desire to remake society to serve the needs of oligarchs and theocrats.  Fully half of the current 6-3 conservative majority do not have a legitimate claim to their place on the court.  Trump was only able to appoint Neil Gorsuch because Mitch McConnell denied a hearing to Obama nominee, Merrick Garland, holding the seat open for the entire remainder of Obama’s presidency, although Scalia died nine months before Election Day in 2016.  Brett Kavanaugh was confirmed despite credible claims of sexual assault which were whitewashed in a cursory investigation.  But the most egregious of all was the replacement of feminist icon Ruth Badger Ginsburg with her polar opposite, a simpering Stepford wife committed to promoting “a distinctly Christian worldview in every area of the law.”

      The excesses of this far-right supermajority can’t be curbed with a commission.  We can’t sacrifice the voting rights of 125 million BIPOC Americans out of fealty to the filibuster.  We can’t jeopardize our desperately needed infrastructure improvements chasing the chimera of bipartisanship.  In short, we can’t bring a knife to the gunfight for our democracy.  It will end up dead.

The looming disaster

May 8, 2021

     Just over one week past the 100 day mark of Biden’s presidency, we are beset by a pervasive sense of unease.  Progress seems unmistakable. The country administered 200 million doses of the COVID vaccine just shy of Biden’s 100th day, (Source:  “Biden Says Goal of 200 Million COVID-19 Vaccinations in 100 Days Has Been Met,” by Brian Naylor, NPR.org, 4/21/21). The number of new infections is decreasing, as is the number of deaths, (Source: CDC.gov).  New York and New Jersey are re-opening on May 19th.  California, where new infections in L.A. and Sacramento have dropped precipitously, but remain stubbornly high in the Central Valley, is opening up on June 15th, (Source:  “California Reaches More Re-Opening Milestones,” by Jill Cowan, The New York Times, 5/5/21).

     Yet, the pace of new vaccinations is slowing as our expanding supply of doses meets the resistance of those duped by right wing propaganda.  About 40% of Republicans flatly say that they will never get vaccinated.  Given the continued emergence of more contagious variants, this makes our ability to reach herd immunity unlikely, endangering us all, (Source:  “Reaching ‘Herd Immunity’ Is Unlikely in the U.S., Experts Now Believe,” by Apoorva Mandivilli,The New York Times, 5/3/21).

     We are justifiably relieved to have a president who believes that government should serve the people.  That belief is reflected in policies that will not only rebuild our crumbling physical infrastructure, but build an infrastructure of care that supports our children and our elders, (Source: “Biden’s plan to make America less terrible for parents,” by Anna North, Vox.com, 5/5/21).  Yet, an entire political party stands staunchly opposed to any policies that help people.  Ghoulish minority leader Mitch McConnell announced that Biden’s Infrastructure package would not get a single Republican vote. This past week, McConnell went further, repeating his Obama era mantra and declaring that he was “100% focused on stopping” Biden’s agenda, (Source:  “McConnell says he’s ‘100% focused on stopping’ Biden’s administration,” by Allan Smith, NBCNews.com, 5/5/21).

      Manchin’s and Sinema’s refusal to support H.R.1, D.C. statehood, or even reform of the filibuster in the face of this belligerent intransigence, makes them complicit in the Republican Party’s attack on democracy and open embrace of white nationalism.

     This week we saw the reunion of four families who had been separated at the border as a result of Trump’s sadistic family separation policy.  The tear-soaked reunions were heartwarming, but four families is a drop in the bucket when as many as 1000 children remain separated from their parents, (Source:  “U.S. to begin reuniting migrant families separated under ‘cruel’ Trump policy,” by Kevin Sieff and Adam Taylor, The Washington Post,  5/3/21).

     We see this pattern replicated across every sector of American life.  On one side are a Democratic administration and members of Congress earnestly trying to improve American lives and repair the wreckage of the last four years.  On the other, a group of unhinged white nationalists, unmoored from facts or truth, gleefully torch the Constitution.  They are motivated, above all,  by a desire to persecute BIPOC and LGBTQ Americans, reduce women to “breeders” with no bodily autonomy and disenfranchise Democrats, regardless of their race or gender identity. In state after state, Republicans are passing laws that will return us to the Jim Crow era.  So far, the Justice Department has not intervened.

     It’s no wonder we feel a sense of looming disaster.  One party has declared war on America.  If we want to save our country, we will all have to enlist.

A Pyrrhic Victory

April 25, 2021

     A Pyrrhic victory.  How else can we describe Derek Chauvin’s conviction Tuesday on charges of 2nd degree unintentional murder, 3rd degree murder and second degree manslaughter when the murder of 20 year old Daunte Wright by a police officer after pretextual traffic stop and laid to rest Thursday looms so large?

     How else do we describe a conviction that only happened because 17 year old Darnella Frazier had the courage and presence of mind to film all excruciatingly long 9 minutes?  During the trial, Darnella testified that there were “nights I stayed up apologizing and apologizing to George Floyd for not doing more,” (Source:  “Darnella Frazier, The Teenager Who Filmed George Floyd’s Arrest, Testifies at Trial,” by Nicholas Bigel-Burroughs and Tim Arango, The New York Times, 3/30/21).  No such anguished insomnia troubles the cops who kill with impunity, or those who empower them.

     How can we feel even a shred of relief when the pace of killings has not slowed since protests erupted after the video of George Floyd’s murder went public? In 2021 alone, 319 people have been killed by the police thus far.  28% of those killed were Black, despite being only 13% of the population. Overall, Black people are three times more likely to be killed by the police than white people, despite being more likely to be unarmed, (Source:  Mappingpoliceviolence.org).

     The starkness of those statistics was brought home by the police killing of 15 year old Ma’Khia Bryant in Columbus, Ohio moments before the verdict was read in the Chauvin trial.  Although the police were called because Ma’Khia was in danger, instead of helping, the police shot her four times at point blank range, (Source:  “Police in Ohio shoot and kill teenage girl, shortly before Derek Chauvin verdict,” by David Matthews and Brian Niemitz, The New York Daily News, 4/20/21).  It is heartbreakingly hard to hail Chauvin’s verdict as a victory as we watch the age of Black and Brown victims of police violence get younger and younger.  

       As we watch the reaction to the Chauvin verdict, it appears that even that small measure of accountability was too much for the myriad forces of white supremacy in this country.  The killing of unarmed Black people continued apace.  In addition to Ma’Khia, police in Elizabeth City, North Carolina killed Andrew Brown on Wednesday, (Source:  “Civil rights leaders want Pasquotank sheriff to resign in the wake of Andrew Brown shooting,” by Adam Wagner and Danielle Battaglia, The News & Observer, 4/24/21).

      Beyond those individual killings which apologists tried to rationalize, states introduced a raft of new laws seeking to criminalize the exercise of First Amendment rights by Black citizens or those who believe in the humanity of Black people, (Source:  “G.O.P Bills Target Protestors (and Absolve Motorists Who Hit Them),” by Reid J. Epstein and Patricia Mazzei, The New York Times, 4/21/21).  Although 96% of Black Lives Matter protests were peaceful, 34 states have introduced 81 bills criminalizing protests and limiting liability for vigilantes who target them.

     This past week, Florida Governor Ron DeSantis signed a harsh new law that escalates “public disorder” violations from misdemeanors to felonies and allows the state to override local decisions to reduce police budgets.  Given Florida’s extensive felon disenfranchisement, this law is clearly designed to strip Black people of two vital Constitutional rights— their First Amendment right “ to petition the Government for a redress of grievances,” and their right to vote under the 14th and 15th Amendments.

     In this dispiriting environment, the Supreme Court’s decision in Jones v. Mississippi on Thursday was the coup de grace.  In Jones, a 6-3 conservative majority of the Court ruled that judges had broad latitude to sentence juvenile offenders to life in prison without parole.  In an opinion that Mark Joseph Stern aptly called “appalling” and “barbaric,” Justice Brett Kavanaugh dishonestly overturned recent Supreme Court precedent which sharply limited the ability to sentence juveniles to life without parole, while disingenuously claiming that the Court was adhering to precedent, (Source:  “Brett Kavanaugh’s Opinion Restoring Life Without Parole Is Dishonest and Barbaric,” by Mark Joseph Stern, Slate.com, 4/22/21).  Justice Sotomayor pointed out in her scathing dissent that 70% of juveniles sentenced to life without parole are nonwhite.  Thus, Kavanaugh, who was rewarded with a Supreme Court seat despite his “youthful indiscretions,” cavalierly condemned kids of color to consequences that he managed to avoid.

      At every level, from local police officers to the highest court in the land, the forces of virulent racism are determinedly constructing a Gordian knot to ensnare people of color and strip them of every inalienable right, including those of life and liberty.  It is no surprise that we couldn’t celebrate the Chauvin verdict.  This country is already making us pay.

#AbolishtheFilibuster

#PassTheForthePeopleAct

#PasstheGeorgeFloydAct.