The Supreme Court Goes Back to Work

The Daily Escape:

Pyramids viewed from Cairo Street, Egypt – photo by Hossam Abbas

The Supreme Court’s new term begins next Monday, and much of America’s culture wars will move in front of the bench for adjudication. Some of the issues being litigated include abortion, gay rights and gun control. It’s no secret that conservatives control the court, and its liberal wing is in retreat. This could be a momentous year in shaping the country’s socio-cultural future.

On Monday, October 7th, the justices will hear arguments in the case Kahler v. Kansas, regarding whether the 8th and 14th Amendments allow a state to abolish the insanity defense. Four states, Kansas, Utah, Idaho and Montana have abolished the insanity defense. It shouldn’t be a surprise that Kansas says yes, and so does the Trump administration.

Also on Monday, they will hear Ramos v. Louisiana, regarding whether the 6th Amendment guarantee of a unanimous jury verdict to convict someone applies to the states. Currently, Louisiana and Oregon permit non-unanimous juries.

On Tuesday, the court hears a case concerning whether gay and transgender people are protected by federal civil rights laws that bar employment discrimination. Three workplace discrimination cases will be heard. Two of the three cases ask whether “because of sex” in Title VII of the Civil Rights Act of 1964 prevents an employer from disadvantaging employees on the basis of their gender identity or sexual orientation. Fewer than half the states have laws against firing workers because they are gay or transgender. Now the Supremes will decide if the federal civil-rights laws protect the 8.1 million LGBT workers in America.

It may not surprise you that the Trump administration says Title VII doesn’t apply to gay and transgender workers, contrary to the view of the Equal Employment Opportunity Commission.

On November 12th, they will visit Trump’s effort to end DACA, the Obama program that protects mostly Hispanic young adults from deportation. The case is Department of Homeland Security v. Regents, University of California, where three cases were consolidated for argument in which lower courts decided that the Trump action violated the federal Administrative Procedures Act.

Also scheduled for Nov. 12 is a case in which a US border patrol officer shot and killed an unarmed Mexican teenager who was not on US soil, but hiding in a culvert between the US and Mexico. The question is whether federal courts can award damages to the family for the agent’s actions.

On December 2nd, they are scheduled to hear a major gun rights case. The case is NY State Rifle and Pistol Assn. v. City of New York. The challenge is to the city’s ban on the transport of licensed and unloaded guns outside the city limits. But the city amended the law, and is arguing that the case is now moot, since it has given the challengers what they sought. The case may be dismissed.

Among possible cases that have not yet been scheduled are two appeals regarding Republican-backed abortion restrictions enacted in Louisiana and Indiana. If the court were to take either or both of those cases, it would raise the possibility of a ruling that further curbs abortion rights.

The Louisiana case concerns a challenge by an abortion clinic to state requirements that doctors who perform the procedure must have “admitting privileges” with local hospitals. It is similar to a Texas law that the Supreme Court struck down in 2016, when Justice Anthony Kennedy sided with the court’s liberals. But last year, Kennedy retired and was replaced by Bret Kavanaugh.

It would be extraordinary if they take up this case and then overrule a precedent set just three years ago. The only thing that’s different is the composition of the court.

Looking further ahead, we may see contentious arguments on the limitations of presidential power. Likely subjects include the president’s push for the power to remove the director of the Consumer Financial Protection Bureau; executive privilege in battles over Trump’s tax returns; and use of a national emergency designation to use money appropriated elsewhere to fund the border wall.

And finally, there’s impeachment. In April, Trump tweeted that if “the partisan Dems ever tried to impeach”, he would “first head to the US Supreme Court”. There is little doubt that the Supremes would move quickly to hear such a case.

It wouldn’t be smart for Trump to expect them to come to his rescue during impending impeachment proceedings. In 1993 Chief Justice William Rehnquist wrote for a unanimous court that impeachment authority “is reposed” in Congress, “and nowhere else”.

Then, if the House of Representatives actually impeached Trump, Chief Justice John Roberts will find himself playing a constitutionally required role: presiding over the president’s removal trial in the Senate.

All in, a pivotal term for the Supremes and for America.

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Is The Trump/Ukraine Story A Trap for Dems?

The Daily Escape:

Hopkinton NH — September 2019 photo by Karen Randall

Wrongo has been skeptical of the House Democrats’ ability to investigate an administration that has zero interest in playing by the old rules.

He was skeptical of the effort to make Russian interference in the 2016 elections a means of impeachment of Trump. He was skeptical of Robert Mueller as the potential savior of the Democratic Party in 2018.

Now, we’ve stepped back into the waters of impeachment because of the Ukraine president’s convo with Trump. Are Democrats once again placing false hope in impeachment? Trump is corrupt in a completely ham-fisted way that makes his efforts at self-dealing blatantly obvious. Here’s Trump, talking to the Ukraine’s president Zelensky:

“There’s a lot of talk about Biden’s son, that Biden stopped the prosecution and a lot of people want to find out about that so whatever you can do with the Attorney General would be great….Biden went around bragging that he stopped the prosecution so if you can look into it 
 It sounds horrible to me.”

That fired up Democrats, since it appears that Trump was trying to pressure Zelensky by withholding US military aid unless Zelensky agreed to investigate both Joe Biden and his son, Hunter.

Here’s Wrongo’s take. For the past few months, Americans were finally concentrating on subjects like healthcare and college debt forgiveness. These ideas were getting both air time and traction, via the debates. The battalion of Democratic candidates were telling us their positions on these ideas, and others, like a wealth tax.

But the Democrats have now introduced impeachment 2.0, focused on the Trump/Ukraine story. By doing that, they have also rehabilitated a debunked Biden/Ukraine story, something that has been high on the GOP’s radar for years.

What’s the Hunter Biden/Joe Biden/Ukraine story? It begins with the 2014 appointment of Hunter Biden to the board of Burisma Holdings, a small Ukrainian energy company. In late 2015, VP Joe Biden traveled to Ukraine, in part to send a message to the Ukrainian government that it needed to crack down on corruption.

That message was somewhat undermined by Hunter’s work with Burisma Holdings, and with its owner, Mykola Zlochevsky. Zlochevsky had been Ukraine’s ecology minister under former Ukrainian President Viktor Yanukovych.

Hunter had joined the board of Burisma the same month that Britain’s Serious Fraud Office, an independent government agency, was conducting a money-laundering investigation into Zlochevsky and Burisma. But the British investigation ended after Ukrainian prosecutors refused to cooperate. They wouldn’t turn over documents needed in the British investigation, and without that evidence, a British court ordered the assets unfrozen.

According to an Intercept piece on May 10th, Biden, during a visit to Kiev in late 2015, did threaten to withhold $1 billion in US loan guarantees unless the then- prosecutor was dismissed. But the Intercept argues that Biden did Ukraine a favor by hastening the prosecutor’s departure, because he had failed to properly investigate corrupt officials, including Zlochevsky.

By getting the prosecutor fired, Joe Biden made it more, rather than less likely, that Mykola Zlochevsky, the oligarch who Hunter worked for, would be subject to prosecution for corruption. Yet, it never happened.

There is no evidence that Joe Biden did anything to shield Hunter or Burisma Holdings from scrutiny, as claimed by Trump and Giuliani. But it is true that Hunter continued to work to repair Burisma’s reputation. That isn’t a praiseworthy activity for a presidential wanna-be’s son.

And Hunter’s no saint. In 2014, he was discharged from the Navy Reserve after testing positive for cocaine. Later, he was involved in a hedge fund with his uncle, James Biden, Joe Biden’s brother, that went belly up.

This story isn’t going to die. As long as the impeachment inquiry against Trump lasts, the Biden story will be linked to it for many Americans. Even if impeachment happens, the Republicans will use this against Joe Biden if he’s the nominee. Joe has said that he never discussed Hunter’s business interests in Ukraine with him, but maybe he should have.

A question that Democrats should be asking is whether this is the hill that they are prepared to die on: Is Trump’s Ukraine effort sufficient for an impeachment? Is it anything more than a “he said, she said” debate?

Are the Dems prepared for another investigative loss, much like in Russiagate and the Mueller Report?

Presidents know that they have few constraints on their activities. GW Bush (or perhaps Cheney) realized that, and went on to exploit presidential power in ways that radically changed America. And when the Dems came into power, Obama and Pelosi ruled out pursuing Bush and Cheney.

Trump is on a much more dangerous path than Bush and Cheney.

Would taking Trump down restore the balance of power in our politics?

Is that worth the downside risk to the Democrats?

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Sunday Cartoon Blogging – September 29, 2019

Demo Memo reports that the average worker works 4.77 days a week. But 19% of workers usually work on Saturday, while just 12% work on Sunday, according to the BLS American Time Use Survey. The vast majority, 68% of workers, work Monday through Friday.

Workers without a high school diploma are most likely to work weekends: 31% usually work Saturdays and 17% on Sundays. Those in service occupations are much more likely to work weekends: 39% usually work Saturdays and 28% Sundays.

And here’s Wrongo doing a little service work on the weekend! This week, the cartoonists were understandably focused on impeachment.

Dems really, really want to believe they’ve got him this time:

The GOP will say they’ve found absolute proof even if there’s nothing:

Fall, when the Congressperson’s thoughts turn to impeachment:

Some see only what they are told to see:

Don’t be surprised if it comes down to this:

Maybe we could advance the climate discussion if the message was clearer:

 

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Saturday Soother – September 28, 2019

The Daily Escape:

Salt Marsh, East Galveston Bay, Texas – 2019 photo by patrickbyrd

We can’t let the week end without talking about the Trump/Ukraine phone calls. Wrongo’s hot take is that it seems that Trump may have stepped on a rake, and he’s hoping that the bruise on his face won’t leave a permanent mark.

It is also possible that instead, it’s the Democrats who found a new rake to step on. Democrats are lazy. They want Trump out of the White House, but they don’t want to do the hard work of beating him in 2020.

And just when it was clear that the Mueller investigation couldn’t deliver for them, we have the Ukraine “favor to ask” story to move the impeachment ball toward the goal. Is it possible that Trump has baited the Dems into this? He’s been amazingly forthcoming.

Despite all the smoke, the investigation must answer three questions:

  • Did the President do something that rises to the “high crimes and misdemeanors” standard?
  • Was there also a cover up?
  • Who managed the cover up?

It remains to be seen what the answers are. Let’s hope the truth comes out. That is extremely important, regardless of the final outcome for Trump, or the Democrats.

This week was also the 50th anniversary of the Beatles “Abbey Road”. Were you around to hear it in 1969? Wrongo sure was. He remembers hearing their “Meet The Beatles” in 1964. The debates about which is their best album endures, but Wrongo lists “Abbey Road” and “Rubber Soul” as his faves.

Opinions may differ, but “Rubber Soul” (1965), “Revolver” (1966), and “Sergeant Pepper” (1967) was one heck of a three-album streak. Later, like all streaks, the Beatles lost their mojo, and broke up in 1970.

To many, the Beatles albums are music for Boomers. And some think the generation got stuck there. They believe any music that played after they turned 30 isn’t worth listening to. This says a lot about them. Just look closely at our current politics and politicians if you require an example.

But it’s a combined problem: Around 1980, rock radio stations stopped playing new music and put Boomer classics into a heavy rotation. Even Springsteen didn’t get much airtime until “Born in the USA” in 1984. If you weren’t listening to alternative radio you thought that nothing had changed.

Truthfully, many in each generation appear to be convinced that the world’s best music was recorded sometime between their 13th and 25th birthdays. Most people kind of turn into their parents along the way, criticizing whatever flavor of new music comes along. Meanwhile, after watching PBS’s Ken Burns’ “Country Music”, Wrongo is more convinced than ever that American pop music is a mostly unbroken chain of evolving and branching genres.

Fall has begun in earnest on the fields of Wrong. Tomatoes are done, the only thing still growing in our little garden is parsley. Today, around 7:00 am, we had a large, healthy coyote trot through the back 40. We’ve been hearing them howling nearby at night for years, but see them infrequently.

Sadly, we have to start our fall cleanup in earnest this weekend. But before we do, it’s time to begin our Saturday soothing ritual. Start by going online and buying a few pounds of Panama Elida Estate Catuai Natural ASD coffee ($32/16 oz.) from Branford, CT’s own Willoughby’s Coffee & Tea. The roaster says it has flavors of guava, red grape, pineapple, lychee, mango, ripe berries and red wine.

Since there can be no way to stop thinking about what’s going on in DC this weekend, let’s gear up for it by listening to something that isn’t on your Spotify or Pandora play lists, or on any of the middle-of-the-road stations you listen to, its Gary Clark Jr.’s song “This Land”.

From the LA Times:

“Protest and social justice haven’t previously been the central focus of Clark’s songs, with a few notable exceptions on his first two studio releases for Warner Records. He’s been celebrated mainly as a next-generation master of molten blues guitar and a new hope for old ways in the digital era, but his latest album, “This Land,” begins with a title song of genuine anger and deep, raging funk.”

The song is about being angrily profiled in his own home in rural California by a white neighbor, in front of his son and daughter. The neighbor asked Clark to take him to meet the real owner, or he’d call the police.

The song is about what was said to him, how he was treated, and how he felt after being treated that way. Clark didn’t join a hate group. He didn’t say death to all white people. He wrote a protest song about his experience:

The video is a must watch, and the music is a blend of blues rock, reggae, and hip-hop all in one. Those who read the Wrongologist in email can view the video here.

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Saturday Soother – September 21, 2019

The Daily Escape:

Badlands Storm, South Dakota – September 2019 photo by Bill Frazier

It’s officially the end of summer. We now move towards shorter days, sweater weather, and at least in the Northeast, raking leaves. But, in politics, few things change with the seasons.

Consider this factoid from Bloomberg about what the Trump administration has done to support farmers hurt by his China trade war:

“At $28 billion so far, the farm rescue is more than twice as expensive as the 2009 bailout of Detroit’s Big Three automakers, which cost taxpayers $12 billion.”

Remember the auto bailout? Republicans were largely against it. The government shouldn’t pick winners and losers, let Mr. Market do it. While the auto industry was bleeding jobs, the bailout saved GM and Chrysler. It also helped restore jobs. Marketplace reports that in the Great Recession, auto-manufacturing lost 334,000 jobs, and membership in the United Autoworkers Union (UAW) fell by 150,000.

Since then, as vehicle sales rebounded, those job losses were gradually reversed. In July 2016, US auto-manufacturing employment surpassed its December 2007 pre-recession level of 957,000 jobs. The UAW however, remains more than 50,000 members short of its pre-recession high.

Back to the farmers. Because of the tariff war with China, farmers will receive $19.5 billion in direct government bailout money in 2019, the most since 2005. That doesn’t include an extra $10.5 billion in federally subsidized crop insurance payments, the main vehicle of the farm subsidy program.

This is a move to protect Trump’s political advantage with his Midwest base for the coming election in 2020. But, who is benefiting? It’s mostly the corporate farms, and the largest individually-owned farms. From Modern Farmer:

“The idea is fairly clear: the larger a farm is, the more it has to lose, and thus the more money it takes to make whole.”

The Environmental Working Group (EWG) analyzed USDA data and found that 82 farmers collected over $500,000 each in 2018-2019. In comparison, the EWG found that the bottom 80% of farmers received less than $5,000 each.

This latest tranche of government money comes after the USDA changed the rules regarding who qualified. Previously, each farmer applying for assistance had to have an average adjusted gross income of less than $900,000 per year. Now, there’s no limit on the size of an applicant’s income, as long as 75% “is derived from farming, ranching, or forestry related activities.”

That opens the trough to the biggest corporate farms, to super-rich investors, and the biggest family farms. Not surprisingly, since the Trump administration’s efforts are aimed at protecting those who are among his large donors, rather than the most vulnerable farmers, there are no cries that this is “socialism” by the GOP.

Apparently, this is capitalism at its best, but what we did to save the auto industry was socialism.

On to our Saturday Soother, that interlude in the week when we try to forget what Trump may have promised to a foreign leader, or what Cory Lewandowsky did to Jerry Nadler. We focus instead on what excuses we can use to avoid the coming fall clean-up. Here, on the fields of Wrong, we are taking in our bluebird houses, the fledglings left a week ago. A few hummingbirds are still around, but will certainly be gone next week. The apple trees have lost most of their leaves, and the deer are eating the fruit that falls to the ground. We’re trying to wait until early October to turn the heat on, but the last two nights have been in the high-30s.

Let’s warm up today by brewing up a hot, steaming cup of Ethiopia Sidamo Gora Kone ($19/12 oz.) from Sacramento, CA’s Temple Coffee Roasters. The roaster says it has a sweet-savory structure with a crisp, lightly satiny mouthfeel. You be the judge.

Now settle back and listen to a musical selection for the change of season. Here is “Autumn” a petit adagio from Alexander Glazunov’s “The Seasons”. The music was written as an allegorical ballet, but we’re going to listen to a symphonic treatment. It was composed in 1899, and first performed as a ballet by the Imperial Ballet in 1900 in St. Petersburg, Russia. Here, it is played by the Czech Radio Symphony Orchestra of Bratislava conducted by Ondrej Lenard:

Those who read the Wrongologist in email can view the video here.

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Monday Wake Up Call – September 16, 2019

The Daily Escape:

Rainy morning, Emerald Lake, Yoho NP British Columbia CN – 2019 photo by mrgoomba7

On September 14, explosions rocked the Saudi’s Khurais oilfield as well as the Abqaiq refinery, one of Saudi Arabia’s most vital petrochemical installations. Several hours later, the Houthis claimed that they had targeted both facilities with ten drones. In reality, it now seems that 17 drones or cruise missiles hit the Saudi plants.

There is a continuing debate on who launched the attack. Pompeo tweeted that it was the Iranians:

Perfect positioning by America’s First Diplomat!

While Pompeo says Iran did it, the Arms Control Wonk reports that the Houthis have both the technology and ability. The US, Israel and Iran also have the capability to conduct such an attack.

Saudi Arabia and the US will no doubt eventually figure out who owned the missiles used in the attack, but that won’t resolve the question of guilt, or complicity to everyone’s satisfaction. Some are saying that the Abqaiq oil field is too far from Yemen for them to be the culprit. Yet, the US supplied these photos of the damage, including an arrow helpfully pointing to north (it’s pointing left, while the shadows mean the sun is in the east):

The boxes showing damage mean the missiles came from the west, where Yemen is located. Iran is located to the Northeast, as are Israel and Iraq.

But please wait, and let Washington tell you what to believe.

The most important takeaway is that Saudi Arabia has no real defense against this kind of attack. In mid-June 2019, a cruise missile fired by the Houthis hit the terminal of Abha Airport in Southern Saudi Arabia, wounding 26 passengers.

The Saudis use two US air defense systems, the Patriot, and the Hawk missile systems. Both are deployed in Saudi’s northeast, facing the Persian Gulf. They do not provide defensive cover for the attacked oil refineries if the missile or drone is fired from the south or west:

The Patriots are useful against cruise or ballistic missiles. The Hawks are for aircraft. But no system could protect all of the Saudi’s oil field facilities if 17 missiles are fired at once.

Despite the hopes of DC’s Iran-hating Neocons, it is possible that the attack originated in Yemen. The Saudi war in Yemen was launched in 2015. It costs Saudi Arabia several billion dollars per month. The Saudi budget deficit again increased this year and is expected to reach 7% of its GDP.  They need much higher oil prices to help prosecute the Yemen war.

Also, Saudi Arabia is planning to sell a share of its state owned oil conglomerate, Aramco, which may be worth $2 Trillion. But who would buy a share of Aramco when its major installations are not secure, and has endured crippling attacks?

Assuming this attack isn’t a one-off, the Saudis probably will need a cease-fire or a peace deal with Yemen before it can sell Aramco shares for a decent price. It is likely that the Houthis will demand reparations payments from the Saudis in order to make peace.

The first Saudi attempts to negotiate happened two weeks ago. The Hill reports they asked the Trump administration to work out an agreement with the Houthis:

“The Trump administration is preparing to initiate negotiations with Iranian-backed Houthi rebels in an effort to bring the four-year civil war in Yemen to an end….The effort is reportedly aimed at convincing Saudi Arabia to take part in secret talks with the rebels in Oman to help broker a cease-fire in the conflict, which has emerged as a front line in the regional proxy war between Riyadh and Tehran.”

But it hasn’t led to anything.

Back in DC, we’re hearing that the US must have some response to the missile attacks.

Why?

America wasn’t attacked. We’re not even sure who carried out the attack, and there is at least a small probability that it was some disaffected group within Saudi Arabia itself.

We do not have a mutual security agreement with Saudi Arabia, although we are strategic partners.

Now the poor helpless Saudis will want their best friend Trump to attack Iran, much to the delight of Israel and the Neocons. And a refinery attack showing Saudi’s lack of defenses may get Trump off the dime.

How on God’s green earth is this in our national interest?

Trump and Pompeo are trying to position us on the Sunni side of a region-wide sectarian civil war. That would be a disaster for us and for all in the Middle East.

Wake up, America! Most who work in DC in any power capacity have been dreaming of war with Iran for decades. Yet, somehow they haven’t made it happen.

Let’s hope that continues.

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Sunday Cartoon Blogging – September 15, 2019

Wrongo says this a lot: Tough week! We keep thinking it can’t get worse, but it always surprises us by getting more terrible than the week before. We had a signal event this week, the 18th anniversary of the 9/11 attack on New York, the Pentagon and the aborted attack that resulted in the plane crash in Shanksville, PA. Wrongo said what he needed to say here.

On to cartoons, and there were waay too many cartoons about John Bolton. Here’s this week’s favorite:

If there’s no deal with the Taliban, it looks like we’ll have trouble leaving Afghanistan:

Rudyard Kipling said it best:

“When you’re wounded and left on Afghanistan’s plains,
And the women come out to cut up what remains,
Just roll to your rifle and blow out your brains
And go to your God like a soldier”

Clearly, Biden needs a yuuge cup of this:

Vaping will be heavily regulated unless…

Trump decides America can live without clean water:

Nobody knows where Brexit will land:

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Saturday Soother – September 14, 2019

The Daily Escape:

Denali NP, Alaska – 2019 photo by Alaskaty

Wrongo and Ms. Right watched the Democratic debate on Thursday night. Winning a debate comes down to connecting with voters, seeing who is the most likeable, the most sincere, who had the best delivery. Oh, and a few good ideas.

Wrongo thought the winners were Warren and Booker. The losers were Harris and Castro, for totally different reasons. Harris’s tactic was to attack Trump, while avoiding direct answers to direct questions. She has not lived up to the promise she showed in the first debate. Castro attacked Biden successfully, but it becomes more and more difficult to see him as a top-tier candidate.

Klobachar and Yang didn’t hurt themselves, but gained no ground. Biden, Bernie, Buttigieg and Beto had moments, but didn’t truly differentiate themselves from the pack. Bernie’s voice failed him, and his hoarseness gave him a difficult time connecting. As the debate wore on, he became a caricature of himself.

Biden got off to a strong start, but around the 2-hour mark, he became barely intelligible. His biggest applause line of the night was when he praised O’Rourke’s response to the El Paso shooting. He shouldn’t think that big applause for Beto was a good sign for Biden. Beto had a good night, mostly because he just said out loud about AR-15s what a whole lot of people believe on this issue.

There is a major problem with allowing TV network news types to conduct these debates. And who needed to hear a third hour where the media tried to dissect the health insurance policy differences between the ten Democrats?  Generally, their positions fall into either expanding Obamacare, or moving quickly to implementing Medicare for All.

Yes, some policy positions are different and consequential, but why did George Stephanopoulos try to gotcha Bernie and Warren about whether taxes would go up if MFA was initiated? Everyone knows that taxes would go up, while annual family health insurance costs would go away.

Amanda Marcotte, on twitter:

Maybe it’s simple: These Spinnerati work for the media, and the media is part of corporate America. Their charge is to bend things so that the choice you’re presented with isn’t a choice at all.

And, in three hours, the moderators asked no questions about the economy. They didn’t manage talk time well; Sanders was shorted. Here’s a breakdown of the candidates’ shares of talk time:

Looking ahead, Wrongo thinks the class of this field is Elizabeth Warren, and here’s why: Harvard professor Marshall Ganz teaches what he calls “the art of public narrative”. According to Ganz, successful and persuasive public narrative is the ability to tell, and to link together, “the story of self, the story of us, and the story of now”.

That seems to be a major part of Warren’s success to date. She’s done a good job creating a public narrative that connects with Democratic primary voters. She has leaned into her Oklahoma “ragged edge of the middle class” childhood, and her struggles as a young adult. She weaves that into a story of who we are as Americans, and she talks about the challenges we face today and how she (and we) can address them.

Her closest current challengers (Bernie and Biden) have noticeably weaker public narratives: Sanders is reticent about his own story, and how it made him the man that he is. He hits his policies, and vaguely links his policies to us and now. Biden has a great “story of self”, but his “story of now” is out of sync with today’s Democrats. He seems particularly bad on the story of now, and that is likely to torpedo his presidential chances.

We’ll see. The candidates have until next spring to hone their “public narratives”.

Let’s forget debates, John Bolton’s mustache, and Trump’s gutting of clean water regulations so that we can focus on starting our Saturday with a Soother. Start by brewing up a yuuge mug of Kayon Mountain Ethiopian ($21/12oz.) coffee from Lexington Coffee, an award-winning artisan roasting company based in Virginia. The roaster says it is richly sweet with a crisp, syrupy mouthfeel.

Sit back with your hot brew, and think about how fall is coming, and how you have no plans to prepare for it. Now watch Yo Yo Ma and James Taylor have fun while performing in August at Tanglewood Music Festival:

Those who read the Wrongologist in email can view the video here.

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Monday Wake Up Call – September 9, 2019

The Daily Escape:

Cape of Good Hope, 6:00pm, South Africa – September 2006 photo by Wrongo

Last week, the NYT’s Thomas Edsall discussed an award-winning academic study focused on the nihilism of the Trump GOP’s hardcore supporters. The paper illustrates that among this slice of the American electorate, the temptation to cause or support chaos may be overwhelming. Edsall says the study argues that a segment of the American electorate that was once peripheral is drawn to “chaos incitement” and that this segment has gained decisive influence through the rise of social media:

“The rise of social media provides the public with unprecedented power to craft and share new information with each other….this technological transformation allows the transmission of a type of information that portrays….political candidates or groups negatively…and has a low evidential basis.”

The study says that the chaos-inducing information transmitted on social media includes conspiracy theories, fake news, discussions of political scandals and negative campaigns.

The study’s authors, Michael Bang Petersen and Mathias Osmundsen, both from Aarhus University in Denmark, and Kevin Arceneaux, a political scientist at Temple, conducted six surveys, four in the US, interviewing 5,157 participants, and two in Denmark, interviewing 1,336. They identified those who are “drawn to chaos” through their affirmative responses to the following statements:

  • I fantasize about a natural disaster wiping out most of humanity such that a small group of people can start all over.
  • I think society should be burned to the ground.
  • When I think about our political and social institutions, I cannot help thinking “just let them all burn.”
  • We cannot fix the problems in our social institutions, we need to tear them down and start over.
  • Sometimes I just feel like destroying beautiful things.

The responses of individuals to three of the statements are horrifying:

  • 24% agreed that society should be burned to the ground;
  • 40% concurred with the thought that “When it comes to our political and social institutions, I cannot help thinking ‘just let them all burn”;
  • 40% also agreed that “we cannot fix the problems in our social institutions, we need to tear them down and start over.”

Despite interviewing 5,000+ Americans the study doesn’t conclude if the results represent the actual percentage of Americans who share this view. They did use a YouGov nationally representative survey of Americans. They say the data are weighted to achieve national representations on gender, age, education and geography.

As bad as this sounds, what if we reframed the “need for chaos” as “a need for things to change in ways that work for everyday people“? Instead of casting them as evil or as deplorables who wish to destroy nice things, we could see them as people who have been left out, or cheated by the system.

In that light, it might be reasonable for the marginalized on the left and right to wish for major changes in our system. So, let’s treat this study as an example of one dead canary in a coal mine. At this point, it’s a potentially terrifying glimpse of what may be America’s (and the entire developed world’s) future.

Nihilism is a symptom of needs not being met. Our current neoliberal capitalism is a prime cause behind this nihilism. Our system must change to be more inclusive, to create more “winners”.  We won’t blunt nihilism with more trickle down policies.

Time to wake up America! Our society has to change, or die.

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Partisan Gerrymandering Overturned in North Carolina

Daily Escape:

Colchuk Lake in the Enchantments, part of the Cascade Mountains, WA – August 2019 photo by atgctgtt

This summer, the Supreme Court decided 5-4 in the case Rucho v. Common Cause that federal courts could not invalidate maps based on partisan gerrymandering, although states might still do so.

At the time, Wrongo snarked about the decision:

“Wrongo’s shorter John Roberts: The federal government can’t do anything about your state stripping you of representation. You have to go back to the people who stripped you of representation and ask them.”

Despite Wrongo’s skepticism, on Tuesday, the North Carolina (NC) state Supreme Court put an end to eight years of Republican partisan gerrymandering when it ruled against NC Republicans who had installed it in 2011. From the Daily Kos (DK):

“On Tuesday, a three-judge panel delivered a major blow against Republican gerrymandering when it struck down North Carolina’s state Senate and state House districts for violating the rights of Democratic voters.”

More:

“The state court ruled that these maps, designed to entrench Republican rule, ran afoul of the state constitution’s guarantee of free and fair elections. These illegal districts were so extreme that they helped Republicans to maintain their legislative majorities in 2018’s elections even though Democratic candidates won more votes statewide. If fairer districts are implemented for 2020, they could put Democrats in striking distance of a majority in one or both chambers.”

NC’s current state-district maps had to be redrawn again in 2017, after the US Supreme Court affirmed a lower court’s ruling that they constituted an unconstitutional racial gerrymander.

Now, NC’s voters will be voting in new state election districts for the third time since 2011.

This decision is similar to one in PA in 2018, where a state court ruled that PA’s congressional map was unconstitutionally gerrymandered. It also relied on the PA state constitution, so its decision was not reviewable by the US Supreme Court.

When SCOTUS decided not to rule on the constitutionality of partisan gerrymandering, it said quite clearly that state courts could rule on the question based on the individual state constitutions. NC now joins PA as states in which this strategy has succeeded.

The NC and PA decisions are reminders that we can challenge bad laws under state constitutions. States are free to recognize more rights than those enumerated in the US Constitution, they just can’t recognize fewer rights. This is the sort of “federalism” that conservatives hope you never learn about.

More from DK:

“While this case only concerns the maps in one state, every state constitution has provisions similar to North Carolina’s that could be used to challenge partisan gerrymanders so long as there’s a receptive and fair-minded state Supreme Court majority to hear such a case. This ruling therefore underscores the importance of Supreme Court elections in key swing states next year, including Michigan, Ohio, and Wisconsin. Progressive victories in these races would go a long way toward blocking the GOP’s lopsided control over redistricting as we head into the next round of redistricting following the 2020 census.”

The NC court decision was 345 pages long. The opinion really makes it clear how there’s just no possible defense for what the GOP was doing in NC. In addition, the opinion might as well have had “John Roberts is an embarrassing hack” stamped on every page.

This doesn’t mean that Democrats can relax between here and 2020. Michigan, North Carolina, Ohio, Texas, and Wisconsin are states where 2020 state Supreme Court elections could either give Democrats a majority, or set them up to gain one in subsequent elections. That will be crucial in the next decade, since the Census will also take place in 2020. There will be new voters to count, or to disenfranchise, depending on your Party’s ideology.

This war must be won in the trenches, not by the national candidates.  Wisconsin gave us a bad example in April. Although Democrats in Wisconsin won the popular vote in 2018, they didn’t work hard enough to get their state Supreme Court nominee over the finish line in 2019, despite having a progressive plurality.

Democrats have to realize that they won’t win if they think only certain elections are important enough to get out and vote.

These battles are local, not national, and now that the US Supreme Court will be sitting on its hands for a decade or more, these are fights we must win.

Democrats can’t afford not to contest local judicial elections.

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