Category: 2016 Election

Right-Wing Lobbying Group Designated a Church by IRS

The Daily Escape:

Sunrise, high tide, Sea Street beach, East Dennis, MA – July 2022 photo by Bob Amaral Photography

The fallout from the Trump years continues. On Monday, ProPublica reported that the IRS had decided that the Family Research Council (FRC), a Right-Wing political lobbying group, qualifies as a church for tax purposes:

“The Family Research Council’s multimillion-dollar headquarters sit on G Street in Washington, DC, just steps from the US Capitol and the White House, a spot ideally situated for its work as a right-wing policy think tank and political pressure group.”

The FRC is now a church, thanks to the IRS and its Commissioner, Charles Rettig. You can be forgiven for not remembering that Trump appointed Rettig to be Commissioner of the IRS in 2018. He got the job by writing a 2016 op-ed saying Trump didn’t have to release his tax returns, despite every major presidential candidate having done so since Nixon.

ProPublica noted that the FRC says on its website that it is a:

“…nonprofit research and educational organization dedicated to articulating and advancing a family-centered philosophy of public life. In addition to providing policy research and analysis….[the] FRC seeks to inform the news media, the academic community, business leaders, and the general public about family issues that affect the nation from a biblical worldview.”

Now that the IRS has blessed FRC as a church, it is no longer required to file a public tax return, (known as a Form 990), which reveals key salaries, the names of board members and related organizations, large payments and/or grants by the organization.

And unlike with charities, IRS investigators can’t initiate an audit on a church unless a high-level Treasury Department official has approved the investigation.

Right Wing Watch, an organization that monitors the activities and rhetoric of right-wing activists and organizations reported on the ties between FRC and Trump’s Jan. 6 effort to overturn the presidential election:

“The Family Research Council…was deeply involved in…Trump’s efforts to overturn the results of the 2020 election—a fact made all the more apparent by revelations during the June 23 public hearing of the House select committee investigating the conspiracy that led to the Jan. 6, 2021, insurrection at the US Capitol.”

You probably remember the head of the FRC, Tony Perkins (not the deceased actor) by some of his grandstanding in the culture wars:

  • In 2005, Perkins was against disconnecting life support for Terri Schiavo, a woman who had been in a “persistent vegetative state” for a number of years.
  • In 2008, Perkins called the passage of California Proposition 8 (which prohibited same sex marriage in the state) “more important than the presidential election”.
  • In 2018, Perkins said, regarding Trump’s adulterous past, he should be given a “Mulligan“, because Trump was “providing the leadership we need at this time…”

In 2010, The Southern Poverty Law Center (SPLC) designated the FRC as a hate group. From the SPLC:

“Part of FRC’s strategy is to pound home the false claim that LGBTQ people are more likely to sexually abuse children than heterosexual people. The American Psychological Association, among others, however, has concluded that “homosexual men are not more likely to sexually abuse children than heterosexual men are.”

Designating the FRC as a church for tax purposes is part of a disturbing trend. The WaPo reported in 2020 about the growing list of religious groups seeking church status from the IRS.

The potential cost of becoming a church is that the organization can no longer conduct political operations on behalf of politicians or lobby on legislation. In practice, that is simple to get around. The FRC now has its church arm alongside a separate lobbying arm called Family Research Council Action.

The arms separate their messaging on two websites, with the FRC hosting issues-based content supporting its Christian worldview while the Family Research Council Action explicitly endorses candidates. Both arms are registered at the same address and both share all five of the part-time employees the FRC lists on its tax form, including Tony Perkins.

These “churches” sure have figured out how to run a scam on the US government.

It’s past time for the IRS to end this charade and tax churches. Biden should fire IRS Commissioner Rettig, who was also the guy in charge when the IRS politically targeted Trump “enemies” James Comey and Andrew McCabe for invasive tax audits.

These people and their “churches” are simply Republicans with a talent for abusing the bible and raising obscene amounts of money. Thomas Jefferson said it best:

“In every country and in every age, the priest has been hostile to liberty. He is always in alliance with the despot, abetting his abuses in return for protection to his own.”

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Saturday Soother – July 9, 2022

The Daily Escape:

Abandoned homestead, Sanpete County, UT – photo by Jon Hafen Photography

Wrongo hates writing about dysfunction among Democrats, but lately, they seem to be all too willing to assemble the circular firing squad. And they’re doing it at a time, as we said yesterday, that the Dems seem to be getting back in the mid-terms race.

Wrongo heard an NPR reporter asking if Democrats were angry with Biden because he wasn’t doing more after the Dobbs decision. The point was that many Dems seem to think there’s a magical way of reinstating the Constitutional right to abortion when Democrats have at best, barely nominal control of Congress. Here are some media comments:

  • The WaPo reported that “some Democrats” think Biden “risks a dangerous failure to meet the moment” and quoted a Democratic consultant lamenting Biden’s “leadership vacuum.”
  • Politico reported that “Democrats have grown increasingly frustrated at what they perceive has been the White House’s lack of urgency” and “Biden’s seeming lack of fire.”
  • CNN reported: “Top Democrats complain the president isn’t acting with 
 the urgency the moment demands.” Anonymous Democratic lawmakers called the White House “rudderless,” with “no fight.”

Is it time to remind Democrats that the radical change in the Supreme Court was a self-inflicted wound? It was Democrats who failed to turnout in Obama-strength numbers in 2016 for an admittedly weaker candidate, Hillary Clinton.

Also, by not electing a few more Dems to the Senate in 2020, Democrats gave their majority over to Manchin and Sinema, and by extension, gave Republicans more control than they had earned.

As Dana Milbank said in the WaPo:

“The fratricide is…stoked by the press, which likes a “Dems-in-disarray” story and would love a presidential primary. Democrats are habitually more self-critical than their Republican counterparts…. And there’s genuine frustration that more can’t get done.

But that’s the fault of Joe Manchin, not Joe Biden — and of a broken political system that protects minority rule. What’s depressing Biden’s (and therefore Democrats’) poll numbers isn’t alleged timidity…but inflation and gas prices.”

One issue that is particularly galling to Wrongo is that many Dems want Biden to do more about Britney Griner, a WNBA basketball player who was arrested in Russia on a drug possession charge. She took vape vials containing cannabis to Russia, and was arrested when she tried to leave the country with them. She has now pleaded guilty to the charges.

While Wrongo and all Americans can feel sorry for her plight, her decision-making was terrible. As a Black lesbian American celebrity athlete, she became a perfect target for the Kremlin. Now she’s placed the US government in a difficult position, and many Democrats are pushing on Biden to do something. But his calculation has to be based on geopolitics. Her decisions aren’t Biden’s fault.

Once again, we’re seeing that Democrats are a herd of cats and Republicans are a herd of cattle. Republicans are satisfied to follow the bell cow, while Dems want to change the world to reflect their individual needs on the first day we get in power.

Republicans worked 50 years to achieve what they have today. They never gave up. Democrats always look for a shortcut to power, and then are angry when that door isn’t opened immediately. All we do is complain.

It’s fair for Democrats to ask whether they should re-nominate an 82-year-old man for the 2024 presidential election. But right now, we need to bear down and add to our Senate majority in November.

Holding on to the House isn’t a bad idea either.

Enough politics, it’s time for our Saturday Soother, those few moments stolen from our overly-scheduled lives when we can prepare ourselves for the trouble to come. If you are feeling exhausted by the news and the lack of action on the part of politicians, it’s understandable. But right now, we must recharge our batteries and throw ourselves back into the fray on Monday.

We’re back on the Fields of Wrong from 10 days in the south, including a stop on July 4 at Monticello. The fourth is also the date of Jefferson’s death, in 1826, 50 years after the Declaration of Independence. Here’s a photo of Jefferson’s gardens and his view to the east in Virginia. The white building is the textile workshop:

July 2022 iPhone photo by Wrongo

To help you prepare for what’s coming, listen to Rossini’s Overture to “La Gazza Ladra” (“The Thieving Magpie”). Rossini hadn’t finished the overture to the piece on time, so the day before the premiere, the conductor locked him in a room at the top of La Scala with orders to complete it. He was guarded by four stagehands whose job was to toss each completed page out the window to a copyist below. The opera was first performed in May, 1817. Here, it’s performed in 2012 by the Mannheim Philharmonic, a youth orchestra conducted by Boian Videnoff. You should watch just to see Videnoff’s conducting style:

 

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More Rights May Be Flushed By The Supremes

The Daily Escape:

Denali from Byers Lake, AK – June 2022 photo by Todd Salat

In his concurring opinion to the decision in Dobbs v. Jackson Women’s Health Organization, that dismantled Roe, Justice Thomas basically begged Red states to send the Court more culture war cases that they could dismantle.

The Houston Chronicle reports that Texas GOP AG Ken Paxton is ready to do just that:

“Texas Attorney General Ken Paxton last week seemingly expressed support for the Supreme Court potentially overturning past rulings on cases involving the LGBTQ community following the downfall of Roe v. Wade on Friday.”

Paxton, in an interview, said he would support the Supreme Court revisiting the cases mentioned in Thomas’ concurring opinion. Here are the decisions Thomas would like a shot at overturning:

He questioned a number of earlier Court rulings, including Obergefell v. Hodges, which established the right of same-sex couples to marry, and Lawrence vs. Texas—a 2003 decision in which the court ruled against the state of Texas regarding its 1973 law criminalizing the act of sodomy.

Thomas also mentioned Griswold v. Connecticut, which established the right of married couples to use contraception without government interference:

“In future cases, we should reconsider all of this Court’s substantive due process precedents, including Griswold, Lawrence, and Obergefell….We have a duty to ‘correct the error’ regarding these established in those precedents.”

For those who don’t fully understand legal shorthand, the judicial theory Thomas is pursuing is that these issues should be in the hands of state legislatures, and not be decided by the courts.

Conservatives in other states have also expressed support for Thomas’s opinion, including Utah Senate President Stuart Adams, who said he would support the Supreme Court reconsidering same-sex marriage. Utah’s constitutional ban on same-sex unions still exists and could be reinstated if the high court were to overturn its earlier decision.

We shouldn’t forget that Obergefell was a 5-4 decision. Lawrence v. Texas was also a 5-4 decision. Since these cases were decided, the Court has moved three seats to the right. We should expect that both of these decisions will be overturned, assuming some state AG sends a case up to the Supremes.

After all, the Court’s Conservatives haven’t gotten more liberal on these issues in the last 10-15 years.

Some more history: Griswold v, Connecticut was decided 7-2, Loving v. Virginia was unanimous; and Brown v. Board of Education was unanimous. All of that said, while history shows that very few 5-4 decisions get overturned, in this time of Conservative Justice grievance, that’s not the way to bet. Even if those cases had been 6-3, 7-2 or 8-1, it wouldn’t matter to the current Justices on the Court.

Pundits are talking as if they would be shocked if the Court reverses Obergefell and Lawrence. That’s because they’re comforted that Thomas’s revolutionary concurrence wasn’t joined by other Justices. But all of them voted to end Roe, and Alito said:

“…abortion is not mentioned anywhere in the Constitution. Therefore, there is no right to an abortion.”

We should also remember that the Court used nearly word for word, the failed Robert Bork’s reasoning why there isn’t a Constitutional right to privacy in Griswold v. Connecticut.

If there’s no right to privacy because the Constitution does not explicitly state there is such a right, then according to the Court’s Conservative 6, all of the rest of our privacy rights are in play. That means nearly nothing in the Fourth Amendment may remain, because you have no right to privacy in your home or in your vehicle.

But if you bet that the Court’s Conservative majority will somehow find that the founders explicitly wanted corporations to have a right to privacy, you’ll earn some folding money.

The naked desire by the Furious Five to achieve their ideological goals as quickly as possible is most likely, uncontrollable. Chief Justice Roberts is being increasingly sidelined because he wants to (at least) try to hide their ideological agenda. But the Furious Five doesn’t have any interest in hiding what they’re doing.

No more calling “balls and strikes” as Roberts said during his 2005 Senate confirmation hearing.

In closing, the music world has reacted strongly to the Supreme Court ruling on abortion. NPR has a nice roundup of what artists are saying and doing in response. Check it out if you have time.

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Wednesday Wake Up Call – June 29, 2022

The Daily Escape:

Asheville morning, June 28, 2022 – iPhone photo by Wrongo. The log house we’re renting this week is at 4,000’ above sea level.

Wake up calls by the Wrongologist rarely happen on Wednesdays, but since the Roberts Court dismantled the line between church and state in public education with Justice Gorsuch’s decision in Kennedy v Bremerton School District, on Monday, it seems right.

Voting 6-3, the Court declared that an Oregon public high school football coach’s post-game prayer sessions with students were Constitutional, whether the students wanted them or not. That made Monday part of a pretty good run for American theocracy:

“The decision came less than a week after the court ruled, by the same vote, that Maine could not exclude religious schools from a state tuition program.”

The line between church and state is being erased before our eyes. Gorsuch, cherry-picking the facts of the case, wrote that football coach Kennedy had sought only to offer a brief, silent and solitary prayer:

“Respect for religious expressions is indispensable to life in a free and diverse republic — whether those expressions take place in a sanctuary or on a field, and whether they manifest through the spoken word or a bowed head…”

Justice Sotomayor responded that the public nature of his prayers and his stature as a leader and role model meant that students felt forced to participate, whatever their religion and whether they wanted to or not. She gave a different account of the facts, taking account of a longer time period:

“Kennedy consistently invited others to join his prayers and for years led student-athletes in prayer…”

In an unusual move, Sotomayor’s dissent included photographs showing Mr. Kennedy kneeling with players, which debunked Gorsuch’s selective use of facts.

Do you really think that this decision would have been the same if those prayers had been offered by a Muslim?

In the process of ruling for Mr. Kennedy, the majority overturned a major precedent on the First Amendment’s establishment clause, Lemon v. Kurtzman. That ruling was decided by an 8-0 vote under Republican Chief Justice Warren Burger. As an aside, John Dean (of Watergate fame) has said that during the Nixon administration, Burger threatened to resign from the Court if Nixon nominated a woman to it.

It came to be known as the Lemon test, which required courts to consider whether the challenged government practice had a secular purpose, whether its primary effect is to advance or inhibit religion, and whether it fosters excessive government entanglement with religion.

Sotomayor acknowledged that while the Lemon test had been frequently criticized by various members of the court:

“The court now goes much further…overruling Lemon entirely and in all contexts.”

So, by tossing out Lemon and saying that Coach Kennedy was not speaking for the school because it was an extra-curricular activity, the barrier between prayer and secular school has been permanently breached.

In today’s America, outside money will fund your culture wars grievance in the courts. The longer you can keep your case moving up through the courts, the better chance you have of running into a conservative Christian judge who will find a precedent for the White people’s Jesus in the Bill of Rights.

Teachers will now feel empowered to “invite” a group to pray with them. A few kids will jump in right away, while others will look around uncomfortably and gradually agree to join in, because the social opprobrium that comes with refusing is huge for kids. And since the person inviting you to pray is an authority figure: a teacher, coach, or principal, you really risk a lot by having them decide you aren’t:  A.Good.Christian.

When given the choice between upholding traditional case law or creating de novo judicial principles, the Roberts Court is almost always going to favor the latter.

Wrongo isn’t a lawyer, but many lawyers are now pointing to the extraordinarily shoddy nature of the Court’s majority opinions, including all three of the precedent-shattering ones the Court has issued over the last week.

It’s time to wake up America! Why is it so hard for Christians in the United States to just practice their religion without involving the rest of us?

We’re getting very close to the establishment of a default Christian American religion. We know that there are many public school teachers who have been silent despite their sincere religious beliefs while at school. Now they will be actively pressured by their pastors to begin proselytizing while on the clock.

To help you wake up, let’s travel to the 2022 Glastonbury music festival, which always creates great live music. On June 25, Olivia Rodrigo and Lily Allen dedicated the latter’s song “Fuck You” repurposed to express anger at five of the six Conservative members of the court.

Rodrigo named the Justices one by one, while Allen raised alternating middle fingers to them:

These artists aren’t afraid of controversy. Millions of us now feel exactly the same.

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Sunday Cartoon Blogging – June 26, 2022

(New columns will be light and variable for the next week, since Wrongo and Ms. Right are attending grandson Conor’s wedding in NC. Regular programming will resume on July 6.)

We’re not talking about the Supreme Court or the J6 news this morning. We’ll leave that for the cartoons below. Instead, let’s focus on an enlightening article from Curbed: “Hoboken Hasn’t Had a Traffic Death in Four Years. What’s It Doing Right?”:

“Hoboken feels downright roomy. Wander down the wide, busy sidewalks of Washington Street, the city’s main strip…and one thing becomes clear….A pedestrian doesn’t have to play the…perilous game of New York City crosswalk chicken, where you squint through the windows of a massive metal box to catch a glimpse of another speeding metal box whose driver doesn’t see you.”

More:

“Few drivers park next to crosswalks in Hoboken because they can’t. Those spots are blocked off with bike racks or planters or storm drains or extra sidewalk space for pedestrians or vertical plastic pylons that deter all but the boldest delivery-truck drivers. Stand at a corner, and you can see what is coming toward you, and drivers can see you too, and you don’t have to step out into the road and risk your life to do it.”

This concept is called Vision Zero, a strategy that municipalities across the US and abroad have adopted that seeks to alter traffic and engage pedestrians to lessen the severity of accidents. In total, Hoboken has had three traffic fatalities since 2015.

As Hoboken’s streets get safer, the rest of America is getting less safe. Traffic fatalities in NYC were up 44% percent in the first quarter of 2022. Hoboken has empowered it’s pedestrians and every corner makes it clear they have the right of way. Hoboken’s streak of zero fatalities could end at any time, and eventually will, but that’s no reason for other cities and towns not to enable similar change. On to cartoons.

Somebody should remind the Conservative ideologue Justices that America is a multi-belief country:

It’s on the ballot in November:

Clarence rewrites the 2nd Amendment:

Now concealed carry has multiple meanings:

The scales of justice get a Conservative makeover:

The J6 hearings have inspired criticism from Texas. The late Molly Ivins referred to Texas as the “national laboratory for bad government”:

Uvalde ,TX failures give new meaning to an old idea:

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Saturday (Un) Soother, Supreme Court Edition – June 25, 2022

The Daily Escape:

North River, Marshfield, MA – June 2022 photo by Laurie France

Roe overturned. Gun laws on the books since the Taft administration overturned. Miranda weakened. The separation of church and state required by the First Amendment, no longer Constitutional.

Remember when Republicans railed against “unelected, activist judges”? They always meant judges appointed by Democrats. Here’s a quote from the National Review:

“The Left views the judicial branch as no different from the executive or legislative branches. To them, judges are supposed to ‘take sides,’ making sure that some political interests win and others lose.”

Or, this from a Baptist minister in 2014:

“Unelected liberal activist judge delivers Michigan to Big Faggotry.”

As always, Conservatives were projecting their actual views as the views of their opposition.

Today, we do have unelected activist judges running America, and they are Conservatives. We’re living in an ahistorical time: There are six justices who are practicing Catholics. Chief Justice John Roberts and Justices Amy Coney Barrett, Clarence Thomas, Samuel Alito, Sonia Sotomayor, and Brett Kavanaugh.

Five routinely vote as a bloc. There have only been 15 Catholic justices (out of 115 justices total) in the history of the Supreme Court. Forty percent of all Catholic justices are now sitting on the Court.

The Conservative majority on the Court has walked away from Stare Decisis, the doctrine that courts will adhere to precedent when making their decisions. Stare decisis means “to stand by things decided” in Latin.

Here’s how stare decisis has evaporated: On Thursday, the Court said that the individual right to bear arms is an inviolable fundamental right, meaning states cannot infringe the right to carry a gun. Clarence Thomas held that a NY statute enacted during the Taft administration was not part of the American tradition of regulating firearms.

The right to an abortion, in place for 50 years, was overturned and sent back to the states because it’s just not as fundamental as the God-given right to have a gun which you can use to shoot up elementary schools.

The NY gun law dates from 1913. The right to abortion was decided in 1973. But the radical judges tout the notion that the former violated a fundamental right, while the latter isn’t even a thing.

Also on Thursday, the Conservative justices voted 6-3 to block lawsuits against police who neglect to read the Miranda warning, (“You have the right to remain silent”). It also includes language about Constitutional protections against self-incrimination. From Alito’s opinion:

“A violation of Miranda does not necessarily constitute a violation of the Constitution, and therefore such a violation does not constitute ‘the deprivation of [a] right…secured by the Constitution,'”

Miranda was decided in 1966, but Alito now says it’s a “prophylactic rule”, meaning that Miranda warnings aren’t required by the Constitution, but are instead judicially-crafted rules designed to protect people’s core Fifth Amendment right against compelled self-incrimination. His signal to prosecutors is clear: Miranda is suspect, and we’re willing to entertain arguments that we should do away with it for good.

So the Conservative wing has knocked off three “settled law” items in one week, despite each – John Roberts, Clarence Thomas, Gorsuch, and Kavanaugh – all saying under oath some version of what Roberts said during his confirmation hearing:

“…[Roe] is settled as a precedent of the Court, entitled to respect under principles of stare decisis. It is settled.”

You should know that Alito and Barrett didn’t lie quite so egregiously about Roe during their hearings, although with hindsight, both were disingenuous. Obviously, a judge who lies under oath should be removed from office, but that won’t happen since “everyone” knew they were lying.

These Conservative unelected activist judges are placing ideology above precedent.

That elections have consequences was the key takeaway from the 2016 presidential election won by Trump. Democrats didn’t turn out for Hillary Clinton as much as they had turned out for Obama or that would turn out for Biden. Trump won because he got 78,000 more votes than Clinton in just three counties in Wisconsin, Pennsylvania, and Michigan, and thus got to appoint three reactionary justices.

Reactionary justices will issue reactionary rulings. And there are many more to come.

But it’s time to forget (if you can) about the Supreme Court gutting legal precedent for ideology. It’s time for your Saturday Soother.

Our long-term lawn guy has decided to close his business. It’s a combination of higher costs that couldn’t be passed along to customers and getting too old for outdoor physical labor. So we’re scrambling at the height of the season.

It will be a warm weekend in the Northeast, so grab a seat outdoors in a shady spot, put on your wireless headphones and listen to “As steals the morn” composed by Handel in 1740. “As Steals the Morn” is adapted from Shakespeare’s “The Tempest”. Amanda Forsythe and Thomas Cooley are the soloists, and their voices are beautiful:

Lyric:

As steals the morn upon the night,
And melts the shades away:
So Truth does Fancy’s charm dissolve,
And rising Reason puts to flight
The fumes that did the mind involve,
Restoring intellectual day.

 

Intellectual day is gone, my friends.

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Reform the Supreme Court

The Daily Escape:

Valley of Fire SP, NV – January 2022 photo by Robert E. Ford

Glad to see January go, with it being the anniversary of the Jan. 6 coup attempt and all that came after it. What isn’t going away is the slow and continuing fracture of America’s social cohesion. We also remember that it was FIVE years ago that Trump was inaugurated. That was a sorry time, since it made it clear that he would get to appoint several Supreme Court justices.

The partisan rancor brought to Supreme Court appointments has become another fault line in our social cohesion. That’s due in part to changes in Supreme Court.

One recent trend in these appointments is how much younger appointees are: The typical tenure for Supreme Court justices in the 19th and early 20th centuries was around 15 years. But as the lifespan of American adults has lengthened over the past century, so has tenure on the Court. Since 1975, the average justice has retired from the court after serving 27 years. Breyer, who was sworn in on Aug. 3, 1994, matches the average perfectly. Soon it will be longer than 30 years.

Another issue is the hubris of elderly Justices. Justices Brennan and Marshall, both about 70 years old at the time, decided not to retire when Jimmy Carter was president, thinking he wasn’t liberal enough to appoint their replacements. They decided to wait for a more left-leaning Democratic president that they presumed would come next.

Liberals got lucky when Brennan retired in 1990,and David Souter replaced him. They weren’t as lucky when Marshall was replaced by Clarence Thomas in 1992. Thomas, the first GOP Justice was selected explicitly for his race and youth (he was 43) and still sits on the Court today, 30 years later.

The same scenario played out less than two years ago with Justice Ginsburg. She refused to retire during Obama’s presidency (after a direct appeal from Obama in 2013) when he correctly feared losing the Senate in 2014. She died in 2020 and was immediately replaced by the 48-year-old Conservative Justice Barrett.

Another trend is Judicial Supremacy. Once Justices realized that their power was almost completely unchecked under the Constitution, it wasn’t a big leap to find them ruling according to personal preference.

The Framers never foresaw how formidable the judiciary would become. Once the Supreme Court successfully claimed the right of judicial review — the power to strike down laws it deemed unconstitutional — it went from being the weakest branch to the strongest. Today, virtually every important political controversy eventually comes before the Court.

The public’s opinion about the Court has never been lower. A Gallup poll last September (just before the Texas abortion cases) found that just 40% of Americans say they approved of the Court’s job. This represents a new low in Gallup’s polling, which dates back to 2000.

The chart below shows the results of a new ABC News / Ipsos Poll asking if the Supreme Court’s rulings are partisan:

(Hat tip: Jobsanger) The poll was conducted January 28-29, 2022 and has a ± 4.9% point margin of error.

It’s clear that a plurality of Americans no longer trust the Court with their lives, or with the direction of the country. That’s what makes selecting a Supreme Court nominee such a high-stakes game.

If Supreme Court vacancies were more frequent and regular, confirmation battles would be much less likely to turn into political Armageddon every time. We should be asking whether life tenure for Supreme Court justices still is legitimate, regardless of which Party controls Congress or the White House.

The Framers of the Constitution feared that the judiciary would be the weakest of the federal government’s branches and the most susceptible to political pressure. They therefore sought to bolster the Court’s independence by ensuring justices could stay on the bench for as long as they wished.

But the only alternative to a bad Court decision today is for 2/3rds of both Houses of Congress followed by 3/4ths of all States to change it by Constitutional Amendment. A nearly impossible and time-consuming process.

Instead, we should enact term limits for the Supremes. With nine Justices, one Justice’s position should expire every two years (essentially giving each an 18 year term). After serving on the Court they could fulfill their lifetime appointment by continuing to serve as “Justices Emeritus” on one of the regional Courts of Appeal.

This isn’t a partisan idea. Many Republicans endorse term limits. Among those who have endorsed it is Justice Stephen Breyer. Numerous polls in recent years show widespread support across Party lines for limiting Supreme Court justices’ terms. Everyone can tell that life tenure on the Supreme Court isn’t working. It’s time we replaced it with something better. America’s social cohesion depends on it.

Speaking of social cohesion, spend a few minutes watching this affecting commercial for Heineken. It celebrates communication, listening, and getting to know others who have different viewpoints:

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Rehabilitating Our Democracy

The Daily Escape:

Christmas lights, New Milford Green, New Milford CT – December 2021 photo by Tom Allen. New Milford was founded in 1709.

James Fallows writes a column called “Breaking the News”. His most recent article looks at the growing mismatch between the formal structure of the US government (two Senators per state and the House ceiling of 435 members), and the astonishing population growth in the US since the Constitution was ratified in 1788.

Fallows says the main problem is that modern America is running on antique rules that are too hard to change and too easy to abuse. He sees a Constitutional shift from protecting minority rights, to enabling minority rule, which ultimately means a denial of democracy. A system that is not steered by its majority will not survive as a democracy.

Fallows outlines the changing nature of big vs. small in America. When the Constitution was being negotiated, two issues were big states vs. small states, and slaveholding states vs. non-slave states. At the time, the three most populous original states had around 10 times as many people as the three smallest. That was behind the agreement to the two-Senators-per-state deal. But today, the three most populous states—California, Texas, and Florida—have about 45 times the population of the three least populous, Wyoming, Vermont, and Alaska.

Second, the ceiling on the size of the House of Representatives must change. Fallows observes that when the country was founded, there were 65 members of the House. For the next century-plus, the size of the House increased after the Census, following changes in the US population. Just before World War I, the number was capped at its current level of 435. Today, the US population is about 90 times larger than it was in 1788, but the House is just 7 times as large.

Today there’s a bias against the needs of urban and suburban populations. There’s also a distinct small-state bias in the Electoral College. Each state’s representation in the Electoral College votes equals it’s number of Senate and House representatives. As House membership expanded through the 1800s from 65 to 435, House seats became relatively more important in Electoral College totals, and Senate seats relatively less so. From Fallows:

“To spell it out, in the first presidential election, Electoral Votes based on Senate seats made up nearly 30% of the Electoral College total. By 1912, the first election after House size was frozen, they made up only 18%.”

If the House were expanded, then the Electoral College outcome would more closely track the national popular vote.

Jill Lepore writing in the New Yorker, says that the US Constitution was the first national constitution that provided for its own revision. Article V is the amendment clause. The founders knew that the Constitution was imperfect; Article V left a Constitutional means for making it “more perfect.” Without an amendment provision, the only way to change the rules is to overthrow the government.

But it’s extremely difficult to amend our Constitution. Lepore says:

“The US Constitution has been rewritten three times: in 1791, with the ratification of the Bill of Rights, the first ten amendments; after the Civil War, with the ratification of the Reconstruction Amendments; and during the Progressive Era, with the ratification of the Sixteenth, Seventeenth, Eighteenth, and Nineteenth Amendments.”

She points out that by contrast:

“…American state constitutions have been amended over 7,500 times, amounting on average to 150 amendments per state.”

While state governments freely change, the US Constitution doesn’t. America’s older, but not necessarily wiser.

We could approve the National Popular Vote Interstate Compact. It would guarantee the presidency to the candidate who receives the most popular votes. The Electoral College has 535 votes, with 270 needed to win the presidency. In 2020, had 21,461 Biden voters actually switched to Trump, Trump would have won the Electoral College with 270 votes, despite Biden winning nationally by 7 million votes. Each of those 21,461 Biden votes (5,229 in Arizona, 5,890 in Georgia, and 10,342 in Wisconsin) were 329 times more important than the other 7 million votes.

The Compact would end the “winner-take-all” laws in the 48 of 50 states. If passed, the Compact would award their electoral votes in proportion to the votes the candidate receives. Article II gives the states exclusive control over the choice of method of awarding their electoral votes, so they can reform the system if they choose. The Compact would go into effect when enacted by states comprising at least 270 electoral votes.

Time to wake up America! Our current ineffective federal government must change. Otherwise, democracy is doomed.

To help you wake up, watch “Peace Train”, the 1971 anthem of hope and unity written by Yusuf/Cat Stevens, performed here by Playing for Change. This version features Keb’ Mo’ playing in CA, along with Yusuf playing in Istanbul, Rhiannon Giddens in Ireland, along with musicians from 12 countries:

This song is more relevant than ever.

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Monday Wake Up Call – October 11, 2021

The Daily Escape:

Dusk, Mayflower Beach, Cape Cod, MA – October 9, 2021, photo by Andrei Anca

From Newsday: (emphasis by Wrongo)

“School boards have become the latest political battleground in America, with passions running so high that this week Attorney General Merrick Garland sent a memo to the FBI, US attorneys and state attorneys general asking them to discuss strategies to combat threats of violence against school workers and school board members.”

These school board battles are about Covid-related vaccination and masking policies, and about teaching anti-racism, racial equity, and cultural diversity. Both turn out to be culture-war battles that set groups of parents against each other. Margaret Talbot in the New Yorker:

“…it’s easy to find in YouTube videos, and local news reports by the score—protesters fairly vibrating with January 6th energy as they disrupt school-board meetings, raging against mask mandates and other COVID precautions, or that favorite spectral horror, critical race theory.”

This is not what people had in mind when they said more people would get involved with their local school boards. Adam Laats, professor of education at Binghamton University SUNY, wrote in the WaPo:

“Conservative pundits have talked up these confrontations as part of a larger political strategy….The Heritage Foundation declared July “National Attend Your School Board Meeting Month” and celebrated the “Great Parent Revolt of 2021,” which includes the founding of hundreds of new parent activist groups that might thwart ‘the radical tide of educators, nonprofits and federal education bureaucrats’.”

This is a specific Republican election strategy. CNN reported that Senate Republican minority leader Mitch McConnell told Attorney General Merrick Garland that parents “absolutely should be telling” local schools what to teach during debates over mask and vaccine mandates, the role of racial equity education and transgender rights in schools. Here’s Mitch:

“Parents absolutely should be telling their local schools what to teach. This is the very basis of representative government….They do this both in elections and — as protected by the First Amendment of the Constitution — while petitioning their government for redress of grievance. Telling elected officials they’re wrong is democracy, not intimidation.”

It’s a big issue in 2021’s Virginia gubernatorial election. Republican nominee Glenn Youngkin quickly used comments by Democratic opponent Terry McAuliffe into an attack ad aimed at invigorating base GOP voters and parents ahead of this November’s election.

McAuliffe’s comment was: “I don’t think parents should be telling schools what they should teach.” Count on a Clinton ally to give Republicans another “deplorable” quote for Republicans to rally around.

This trollification of local politics began in 2009 with the Tea Party taking over politician’s town meetings. In 1970, Tom Wolfe famously referred to the confrontations between militants and hapless bureaucrats as Mau-Mauing the flak catchers. Back then, the militants were Black people who hinted at a Mau Mau uprising in the US, and the hapless bureaucrats who were paid to take their flak.

Now it’s White militants who are “mau-mauing” their school bureaucrats and the elected school board volunteers who we charge with managing our kids’ education.

We think that social media is where this kind of venom is spewed. But since the Tea Party, people are too ready to boo and jeer others in public spaces who express opinions different from theirs. Some militants even accuse school board members of being part of child-trafficking conspiracies.

America has walked away from its social and political norms.

Trump was among the first national politicians who was willing to say the quiet parts aloud. Those who are resentful in the face of societal change, e.g., having their hate speech corrected, found a voice in Trump. And he’s happily encouraged them. He refused to control his racist, sexist speech and behavior, and they respect him because he never did anything he didn’t want to do.

Don’t want to pay your taxes? Trump’s flouted the tax system for decades.

Tired of dealing with women on the job? Just listen to what Trump does to women.

Don’t like the way the last election turned out? Well, here’s what to do while we’re working on the coup.

And there will always be enough grifters and demagogues to throw gas on this dumpster fire. These Trumpy Americans have such a big emotional investment in their false reality, they don’t really care what’s true.

Time to wake up America. There are reasons for societal norms. They stop us from only focusing on the “I” and allow us to remember the “We.” The We protects us from the worst in ourselves.

To help you wake up, listen to Eddie Vedder’s (Pearl Jam) new single “Long Way” from his upcoming solo album, “Earthling”:

You can hear Tom Petty’s influence in Vetter’s tune.

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