Banana Republicanism – Page 16

Monday Wake Up Call- April 17, 2023

The Daily Escape:

Sunrise, Woodenshoe Tulip Festival with Mt. Hood in background, WA – April 2023 photo by Mitch Schreiber Photography

If you drink beer, you know that Bud Lite is terrible. Wrongo shares this opinion with the GOP, but for different reasons.

Wrongo hates the taste. Conservatives hate Bud Light because of a recent Bud Light promotion featuring influencer Dylan Mulvaney, a transgender woman. Mulvaney posted a sponsored video on her Instagram account announcing that Bud Light had sent her a customized beer can with her face on it.

Bud sent the can to Mulvaney in celebration of the first anniversary of her transition.

Some on the Right are calling the brew a “Woke Mind Virus”. But shouldn’t the real focus be on the MAGA Mind Virus? The Right has created a kind of Bud-lash fever: Some have machine gunned or crushed cases of the beer with heavy equipment. Then a person or persons moved on to making bomb treats at a Bud plant in Van Nuys, CA. Several Budweiser facilities across the nation have also been targeted with bomb threats.

Many on the Right call for a boycott of the bestselling beer in the country. If that sounds ludicrous, it’s because it is. It’s also indicative of where we are in America today.

Trans issues are front and center in the GOP-inspired culture war. Anti-trans sentiment is on display by many on the right, targeting children’s health, sports, drag shows, and health care. It’s seen throughout Conservative media. Anti-trans legislation is growing. And it’s even entering the mainstream. From Vox:

“Mainstream publications like the NY Times increasingly follow the lead of anti-trans agitators, treating what should be understood as a fundamental human rights battle more like a semantic “debate,” fixating on terminology and labels and medical minutiae, instead of humanizing trans and nonbinary people and their experiences.”

Vox reports that this has created a contentious situation at the Times. In February, contributors and members of the Times’s staff posted an open letter protesting the paper’s escalating bias toward anti-trans talking points.

But the Bud-lash fever may be breaking. The Daily Beast reported that on Saturday, the Twitter account for the National Republican Campaign Committee (NRCC) removed a fundraising post that trashed Bud Lite. Apparently, they realized that Anheuser-Busch isn’t some progressive company. In 2022, they gave the NRCC $464,505. The NRCC has decided that they like political donations more than they hate trans people.

Bud’s partnership with Mulvaney also triggered a nearly $5 billion drop in the Anheuser-Busch stock value as of last Wednesday.

On Friday, Anheuser-Busch released a tepid statement from its CEO, Brendan Whitworth, saying he is “responsible for ensuring every consumer feels proud of the beer we brew”:

“We never intended to be part of a discussion that divides people. We are in the business of bringing people together over a beer.”

The company cancelled an event in Missouri last week, citing safety concerns for its employees. Wrongo is against banning TikTok. Here’s a TikTok video of Bud Lite cans being crushed by a steam roller. Where else would we see news like this?

Boycotts are a tradition in America, so like all the others, this one will fade away. The difference with this one is how wound up Conservatives get about something as trivial as a one minute video that pitches Bud Lite.

Time to wake up America! These clowns will try to take you down in a hail of gun fire, saying it’s for God and Freedom, (loosely defined). They just can’t abide sharing the country (or political power) with people who aren’t just like them.

To help you wake up, watch and listen to “All I Ask of You” from the musical “Phantom of the Opera” which had its last Broadway performance yesterday. It opened on Broadway in January of 1988. Since then, Phantom has played almost 14,000 performances (the most in history) to more than 20 million people, grossing over $1.3 billion. An estimated 6,500 people have been employed by the production – including over 400 actors.

Here the song is performed by Michael Ball and Sarah Brightman (the original Christine) at London’s Royal Albert Hall Celebration for Andrew Lloyd Webber, who wrote the play:

Sunday Cartoon Blogging – April 16, 2023

America is in a literal death spiral. The more mass shootings take place, the more innocent people die. And then more of America’s Republican politicians tell us that only more guns will solve the problem.

Republicans say that school shootings would be minimized if we would just hire a security guard to cover the door of every school. But with school budgets under pressure, where will the money come from to hire them? And how would the GOP’s plan for out-gunning the next mass shooter turn out?

We need to see mass shooting as a form of domestic terrorism. We’ve moved from having ten Constitutional Amendments that most of us cared deeply about to a place where the Right only really cares about the Second Amendment. Maybe we shouldn’t be all that surprised that there are so many Americans who care more about guns than they care about people.

For a certain group, that seems to be what America is all about. If they cared about freedom, nothing would be more of a priority than defending every person’s right to go about their daily lives without the threat of violence. If we really cared about the sanctity of human life, we would prioritize people over guns. On to cartoons.

The unholy trio who prioritize guns over people:

The GOP’s platform is turning into a cliff:

When your anti-human policy list is this long, you must be a Republican:

It isn’t a game:

Clarence is tracking mud into the Court:

Rep. Jim Jordan plans to investigate AG Bragg in NYC:

Saturday Soother – April 15, 2023

The Daily Escape:

Wildflowers, Ennis, TX – April 2023 photo by Teresa Gawor

Welcome to the start of taxpayer’s blues weekend. The date for submitting your taxes is April 18 this year, since April 15 falls on a Saturday and Emancipation Day, a holiday observed in Washington, DC, is April 17. Around 88 million Americans still hadn’t filed by April 1, so there’s got to be some burning of the midnight oil this weekend.

Let’s talk about the leak of classified Pentagon documents by Jack Teixeira, a 21 year-old member of the intelligence wing of the Massachusetts Air National Guard. Teixeira was arrested on Thursday for posting US secret documents in a private Discord chat room he hosted. The classified material was shared with some 20-30 room members, including some of whom were foreigners.

The details are depressing. The group had a taste for racist and anti-Semitic memes. The WaPo reports that they seemed to love guns, military gear and God.

What happens next will be a damage assessment by the US Intelligence Community (IC), along with some of the usual suspects staking out political positions about how inept the IC is by allowing another classified leak.

Sadly, Teixeira has already picked up supporters in the GOP, as this tweet by Rep. Marjorie Taylor Greene (R-GA) shows:

It’s surprising how open and direct the pro-Putin Right is in linking Russia’s policies to those of the authoritarian white Christian secession movement in America. If you read Wrongo’s column yesterday on what’s dividing America, today’s tweet by Greene is a prime example of the difficulty in finding common cause with the extremist wing of the Republican Party.

Perhaps you didn’t see that Fox’s Tucker Carlson said that Teixeira deserves a medal not prison time. Or that he said that Teixeira is today’s Daniel Ellsberg. Others are saying that the racist meme and the god and guns framing aren’t true and are simply what the liberals at the DOJ and the NYT are spoon feeding to us. If you can stomach it, read some of the comments Right Wingers leave after viewing Tucker’s spew.

If this had happened when GW Bush was president, the GOP would be demanding that Teixeira receive a public execution.

But the GOP has moved on, and now there isn’t a substantial difference between Trump and Teixeira. The crimes are the same, and it seems, so are their motives. But Trump isn’t a 21-year old trying to impress his friends in a private forum. After four years as US president, he knows exactly why his behavior was criminal and dangerous.

And whatever sentence Teixeira receives should also apply to Trump, only with less leniency.

A basic question for the US Intelligence Community is how many more disaffected people are out there who have access to our intelligence? How many have a desire to steal it, either to stick it to the man or to simply hoard a few secrets? How many more IC oddballs are out there living in houses filled with terabytes of digital and paper secrets squirreled away?

That’s enough for today, it’s time for our Saturday Soother, where we block out all distractions and try to figure out how many miles our cars were driven for business in 2022.

Here on the fields of Wrong, it’s been in the high 80’s and it’s suddenly apparent that there’s plenty of yard work that needs doing. Wrongo has started trimming and shaping the bushes that seemed to grow wildly last year, even without much rain. Ms. Right helpfully says just chain saw them off to half their size. It will be brutal, but effective!

But before starting the yard work, let’s take a few minutes to center ourselves and try to prepare for the week to come.

Start by finding a seat near an open window. Now, watch and listen to the Vienna Philharmonic play Offenbach’s “Les Contes d’Hoffmann: Barcarolle” live and outdoors in Vienna in 2020. Here the orchestra is conducted by Valery Gergiev. Barcarolle comes from the Italian “barca” or boat. It is a traditional folk song sung by Venetian gondoliers, or a piece of music composed in that style:

Can America Come Back From Our Divide?

The Daily Escape:

Easter Sunday, Great Smokey Mountains NP – April 2023 photo by Melissa Russell

We’re back from our roughly 2,200 mile journey to Gettysburg PA, St. Augustine FL, and Charleston SC. The focus of our trip was visiting with family, and it didn’t disappoint. We saw about 40 family members in the three locations. Most are healthy and thriving, and there was lots of laughter.

But we also saw slices of different cultures than what we’re used to here in Connecticut. Wrongo wonders if the US has ever been as divided as it is now?

Yes we’ve been divided in the past, most notably before and during the Civil War. American schools still teach the Civil War to our kids, although like everything else, views on what it was fought about differ largely by geography and political leaning.

Between 1861-1865, we killed our fellow Americans at a prodigious rate, with about 620,000 dying. In fact, Americans killed more other Americans in that war than all of our adversaries did in eight of our wars combined: the Revolutionary War, the War of 1812, the Mexican War, the Spanish-American War, World War I, World War II, the Korean War, and the Gulf Wars. The Civil War stands alone when it comes to America being divided deeply enough that we killed each other in astonishing numbers.

The Civil War was about one issue: Slavery.

In today’s America, we’re fighting about everything: Gun control, abortion, climate change, fossil fuels, drilling, the environment, immigration, refugees, diversity, voting rights, elections, women’s rights, policing, who gets tax cuts, health care, LGBTQ+ rights, health care for transgender kids, bathrooms, books, what’s taught in classrooms, COVID-19, vaccines, poverty, welfare, unions, Ukraine, Russia, Israel, student debt, Trump, the Jan. 6 insurrection, and education.

These modern divisions exist without exception in every state. They are fought over with words, and occasionally, with weapons. They are fought about in our courts. Some on the political Right call for secession. In 2021, the University of Virginia Center for Politics released the results of a poll that found the majority of the individuals who voted to reelect Donald Trump in the 2020 presidential elections hoped that their state could secede from the Union.

“Hoping” isn’t doing something to make secession happen, although it’s a first step.

What’s worrisome is that like before the Civil War, there doesn’t seem to be a pathway forward to a common cause. Wrongo has written about “The Cause, The American Revolution and its Discontents, 1773-1783” by Joseph Ellis. It says that the founders had to create a blurry vision of the revolution because colonists were suspicious of the motives of other colonies. So the founders described their fight for independence as “The Cause”, an ambiguous term that covered diverse ideas and multiple viewpoints.

It succeeded in unifying us against the British.

Maybe America’s now reached a point where it’s possible that nothing will ever unite us again. Instead, we yell at each other across a chasm of ideological and political partisanship.

Our global reputation has sunk: We’re seen as an undereducated, and unhealthy nation. Many of us want our political opponents dead, while admiring the world’s autocrats. We’re tolerant of the gun slaughter of our children, and callous about the plight of our neighbors, especially if they are poor, sick, or different.

The annual World Happiness Report, based on data from Gallup’s World Poll of 24 developed nations, shows that Americans, when asked to evaluate their current life as a whole, are less content than the citizens of 14 other wealthy countries.

It’s worth noting that most of the countries whose citizens are happier than ours have governments that provide their residents with a sense of safety and security, a foundation on which their people can build a fulfilling life and an optimistic future. They can get treated for medical problems. They can afford life-saving medicine. They don’t fall into medical bankruptcy.

Their life expectancies are longer than ours and rising; America’s is falling.

They value higher education enough to provide it for free. They value families enough that their maternal care, both before and after birth, is outstanding. The US should be ashamed of our maternal mortality rate, which is higher than almost any other country, developed or not, in the world.

We desperately need to find a new “Cause” to bind us together.

Benjamin Franklin famously remarked at the close of the Constitutional Convention in 1787 that we had formed a republic if we could keep it.

We must get prepared both mentally and in our guts, to fight to keep this country together – AND to keep it a representative democracy.

The alternative looks horrendous.

Monday Wake Up Call – April 3, 2023

The Daily Escape:

Just when you thought it was only a meme: The beer is tasty – April 2023 iPhone photo by Wrongo. You may not know that there is a “Florida Man Birthday Challenge” web site. (Hat tip to Amy DeP-O). Wrongo is born in December. Of the many December Florida man entries, Wrongo’s favorite is: “Florida Man says aliens have landed, burns down house stocked with flamethrowers and ammo.”

It was a rental property…

We’ve been here in the land of the anti-woke for a few days. No one in our family openly talks politics, so we just enjoy the fabulous food. But you’re aware that Trump was indicted by the NYC DA. You have probably heard that Trump said:

“Manhattan DA Alvin Bragg, who was handpicked and funded by George Soros, is a disgrace.”

That led to some research. But it’s no secret. The NYT reported that Soros has put money behind electing reform-minded prosecutors like Philadelphia’s Larry Krasner and Manhattan’s Alvin Bragg. But he doesn’t fund them directly. His foundation donates to organizations that do field work like Color for Change. This isn’t any different from the right-wing billionaires who support right-wing organizations, issues and candidates.

So, when critics of Alvin Bragg say that he is backed by Soros, it should be similar to when critics say Republican politicians are backed by the Koch Brothers or the late Sheldon Adelson.

But bringing up George Soros feels different. The reason for vilifying Soros is rarely spelled out. You get general descriptors, like he’s a “globalist.” Of course, Soros IS Jewish, and the charge that rich Jews try to control the world for their own mysterious and nefarious reasons is an old and dangerous trope on the right. But Sheldon Adelson, who backed many Right-wing Republicans, including Trump was also Jewish.

Some say that people who mention Soros are anti-Semitic, and some probably are. Yes, he’s indirectly funded Bragg, but is Bragg doing something that wouldn’t have happened anyway? How exactly is Soros pulling Bragg’s strings? And why is Soros in more control of politicians he donates to than are donors on the right?

There’s zero indication that Bragg is bucking popular opinion to do the bidding of a Jewish billionaire, which is something you can’t say about many, many NRA-backed politicians.

The thing that impresses Wrongo the most is that while George Soros isn’t small potatoes on the billionaire list, the right-wing thinks he’s able to pay off millions of people, start revolutions, and influence deep states in dozens of countries without going broke.

Virtually every Republican politician has stood up for Trump, saying he’s the victim of a political witch hunt. Ron Brownstein lays out the Republican’s dilemma:

“The dilemma for the Republican Party is that Donald Trump’s mounting legal troubles may be simultaneously strengthening him as a candidate for the…presidential nomination and weakening him as a potential general-election nominee.”

It’s going to get worse for the GOP, since it’s highly likely that this is only the beginning of Trump’s legal troubles. There are possible charges from Fulton County, Georgia’s District Attorney Fani Willis. She has been examining Trump’s effort to overturn the 2020 election results in her state. There are also the twin federal probes led by Special Counsel Jack Smith into Trump’s mishandling of classified documents and his role in the Jan. 6 effort to block Congress’s certification of the 2020 presidential election.

So, while Trump may lock up the primaries without difficulty, the recent NPR/PBS Newshour/Marist survey shows that 61% of Americans—including 64% of independents and 70% of college-educated white adults—said they did not want him to be president again.

That result was similar to the latest Quinnipiac University national poll, which found that 60% of Americans do not support Trump’s “Make America Great Again” movement.

The challenge for the GOP is that about 80% of Republicans said they consider themselves part of the MAGA movement, and about 75% say they want him back in the White House. That means he will be the nominee, but not the next president.

Brownstein quotes Bryan Bennett, director of polling and analytics for the Democratic polling consortium that conducts the Navigator surveys:

“For the GOP to bet that Trump could overcome swing-voter revulsion over his legal troubles and win a general election by mobilizing even more of his base voters….seems to me the highest risk proposition that I can imagine.”

Time to wake up America! There’s nothing to be gained by letting the media, the GOP or Trump spin you up with irrelevant issues. Soros is just another wealthy white guy who wants to see change he can believe in.

To help you wake up, watch and listen to Larkin Poe cover a Son House tune, “Preaching Blues”. Eddie House was a troubled man. He grappled for years with the seeming incompatibility between his growing love of the blues and his teenage desire to be a Baptist preacher:

Sample Lyric:

I’m gonna get me some religion
I’m gonna join the Baptist church
I’m gonna get me some religion
I’m gonna join the Baptist church
Gonna be a preacher
So I don’t have to work

Monday Wake Up Call – March 27, 2023

The Daily Escape:

Snow Geese flying over Daffodil fields with Mt. Baker in background, WA – March 2023 photo by Erwin Buske Photography

Three House Republican committee chairs are indicating that the House may soon take up legislation to strip state and local prosecutors of the authority to prosecute former presidents. They’re saying that America needs federal legislation to prevent Trump from being indicted by a state.

Is the bill going to be called the “Ex-Presidents Are Above the Law” Act? Surely they mean to draft legislation to protect only Republican presidents and not the Democratic ones.

There are a least two states that have Trump in their sights. Georgia for attempted election fraud, and New York for falsifying business records to hide the hush money paid to Stormy Daniels. In addition, there are civil suits in NY over his business practices and a defamation suit arising from an allegation of rape by the writer E Jean Carroll.

You may have heard that these same Congress critters sent a letter to Manhattan District Attorney Alvin Bragg requiring Bragg’s appearance in front of their committees to give evidence about the NY DA’s ongoing investigation into Trump. When Bragg said of their demand:

“It is not appropriate for Congress to interfere with pending local investigations,….This unprecedented inquiry by federal elected officials into an ongoing matter serves only to hinder, disrupt and undermine the legitimate work of our dedicated prosecutors.”

The trio followed up with another letter to Bragg rejecting his arguments. They wrote:

“Your conclusory claim that our constitutional oversight responsibilities will interfere with law enforcement is misplaced and unconvincing.”

Because: (emphasis by Wrongo)

“the potential criminal indictment of a former President of the United States by an elected local prosecutor of the opposing political party (and who will face the prospect of re-election) implicates substantial federal interests”.

They meant the former president is facing re-election, not Bragg. They added:

“Therefore, the Committee on the Judiciary, as a part of its broad authority to develop criminal justice legislation, must now consider whether to draft legislation that would, if enacted, insulate current and former presidents from such improper state and local prosecutions…”

We all know that this is more performative grandstanding by House Republicans. Since the Senate has a Democratic majority and the White House is held by Biden, a bill shielding ex-presidents from prosecution will not be enacted into law. But the Republicans persist. On Sunday, Rep. James Comer (R- KY), chairman of the House Oversight and Accountability Committee, insisted to CNN’s Jake Tapper that Manhattan DA Alvin Bragg is improperly conducting a federal investigation. From Aaron Rupar:

Comer has a BS in Agriculture, BTW. He soldiered on:

“We just want the government out of our elections….We believe the local DAs need to be focused on business crimes, on burglary, on theft …”

You have to be a moron to say you want the government out of our elections. States are in charge of their elections even in Comer’s Kentucky. And Trump wasn’t president when he allegedly orchestrated the payment of hush money to Stormy Daniels and then fraudulently altered his books to hide it.

Time to wake up America! There is no longer any reason to look for traditional Republicans inside of the GOP. And anyone who is attempting to strip state and local prosecutors of the authority needed to do their jobs just to protect their Party’s cult leader, well, that sounds like Fascism.

To help you wake up, watch and listen to Pink Martini play “¿Dónde estás, Yolanda?” live from the Arlene Schnitzer Concert Hall in Portland, Oregon on New Year’s Eve 2,005.

It is a fan favorite from their debut album, “Sympathique”, featuring vocalist China Forbes, and including Thomas Lauderdale on the piano, Gavin Bondy on trumpet, and featuring a trombone solo by Robert Taylor:

Where is Yolanda, and indeed, where are the traditional Republicans?

(This song is for friend of the blog Ashley G. who has some health issues and loves Pink Martini)

China’s Triangulation Of Russia And The West

The Daily Escape:

Joshua tree in bloom, Joshua Tree National Landmark SW, UT – March 2023 photo by Lisa Simer

We’re back at the Mansion of Wrong after a few lovely days in St. Helena, CA. Surprisingly, it seems that lots of things happened while we were away. From Heather Cox Richardson:

“So, for all the chop in the water about the former president facing indictments, the story that really seems uppermost to me today is the visit China’s president Xi Jinping made today to Moscow for a meeting with Russia’s president Vladimir Putin.”

In 2015, shortly after Russia intervened in the Syrian Civil War, Wrongo asked a visiting Russian author who spoke at our local library whether Putin wanted to move Russia closer to the west or to the east. He said unequivocally that Putin was a product of the west and would keep Russia in the west’s orbit.

It’s clear that he was wrong. Russia has moved away from the west, possibly permanently. Earlier in March, Wrongo said the following:

“The US is attempting to isolate both China and Russia. With Russia, we’re using ever-tightening economic sanctions. With China, we’re building a geographic containment strategy among our allies in Asia.”

And on Monday, Chinese President Xi met with Russian President Putin in Moscow. Here’s a meeting summary from the blog Institute for the Study of War:

“… [the meeting]…on March 20…offered a more reserved vision for Russian-Chinese relations than what Putin was likely seeking. Xi and Putin touted the strength of Chinese-Russian relations in their meeting…but offered differing interpretations of the scale of future relations….on March 19 Putin published an article in Chinese state media in which he argued that Russia and China are building a partnership for the formation of a multipolar world order in the face of the collective West’s seeking of domination and the United States pursuing a policy of dual containment against China and Russia.”

….Xi offered a less aggressive overarching goal for Russian-Chinese relations in his article published in Russian state media….in which he noted that Russia and China are generally pursuing a multipolar world order but not specifically against an adversarial West. Xi instead focused…on presenting China as a viable third-party mediator to the war in Ukraine….

David Ignatius concluded in the WaPo that the meeting was about:

“A strong China…bolstering a weak Russia….The Chinese aren’t providing weapons (yet), but Xi certainly offered moral and psychological support in what might be described as a get-well visit to an ailing relative….The paradox of the Ukraine war is that Putin’s bid for greater power in Europe has made him weaker. This diminished Russia will fall increasingly under China’s sway….Maybe that’s the biggest reason for Xi’s…visit: He is bolstering a flank against America and the West.”

China’s dominance over Russia will grow if Russia cannot find a way to end the war in Ukraine. Russia has lost its energy markets in Europe because of the invasion, so it must depend heavily on demand from China. China’s growing economic power in Asia coupled with its capabilities in space, cyber, and artificial intelligence will increasingly dwarf Russia’s.

Russia’s economy is concentrated on exports of energy. It also has a major population problem. The Economist reports: (emphasis by Wrongo)

“Over the past three years the country has lost around 2million more people than it would ordinarily have done, as a result of war, disease and exodus. The life expectancy of Russian males aged 15 fell by almost five years, to the same level as in Haiti. The number of Russians born in April 2022 was no higher than it had been in the months of Hitler’s occupation.”

“…the life expectancy at birth of Russian males plummeted from 68.8 in 2019 to 64.2 in 2021, partly because of Covid…Russian men now die six years earlier than men in Bangladesh and 18 years earlier than men in Japan.”

And the Economist says the exodus of well-educated young people at the start of the Ukraine War also hurts Russia’s future. According to its communications ministry, 10% of IT workers left the country in 2022. Many were young men, further skewing Russia’s unbalanced sex ratio. In 2021 there were 121 females over 18 for every 100 males. More:

“Demographics is rapidly making Russia a smaller, worse-educated and poorer country, from which young people flee and where men die in their 60s.”

As Wrongo said, separating China from Russia used to be a central goal of US foreign policy. The Biden administration tried that strategy in reverse: Warming relations with Moscow at the June 2021 summit in Geneva in part to concentrate on the challenge China presented.

How did that work out?

Now it’s China trying the role of triangulator. Xi’s playing off the split between the US and Russia, helping Putin, but also keeping some distance while building China’s bona fides with the third world.

Xi’s also used China’s close relations with Iran to make a diplomatic breakthrough between the Saudis and the Iranians, something that the US could never achieve.

We seem powerless to blunt what’s happening before our eyes.

And all the while, the Republican Party of the world’s greatest superpower argues about drag queens and wokeness.

Wake up America! Check out what China, Russia, Iran and Saudi Arabia are building for us. You’re not going to like it.

New Legal “Doctrines” Help Supreme Court Push Farther Right

The Daily Escape:

Sunset, midtown Manhattan viewed from the Williamsburg Bridge – March 2023 photo by Mike Davis

Plenty of ink has been scrawled or printed describing how the Supreme Court (SCOTUS) has navigated its way into being the supreme executive branch of our government. The SCOTUS has long been a bastion of Conservative thought in America, but since gaining its 6-person supermajority, we’re seeing them bring forward novel legal concepts to help move decisions towards the Right’s agenda.

The best example is the Court’s majority creating new “doctrines” to help deliver rulings that their clients on the Right argue for. Prior to embracing “the major questions” doctrine and the “Independent state legislature” doctrine, Conservative members of the court used to insist on “textualism” to achieve their goals. Textualism says that when interpreting the Constitution, judges should confine themselves only to the words of the Constitution. Originalism says that if the words are unclear, then judges need to consult historical sources to determine their meaning at the time of ratification.

But we’re now seeing cases where a statute’s words aren’t delivering a decision that the Supremes are aiming for, so using these new doctrines give them a pretext for breaking their own rules.

That’s how they blew up the EPA’s Clean Power Rule. Eight months ago, SCOTUS first invoked the “major questions doctrine” in a majority opinion, using it to limit the Environmental Protection Agency’s power to address climate change.

Last week, the court seemed ready to use it again, to kill Biden’s proposed student loan relief. More on the new “doctrines” from the NYT’s Adam Liptak: (brackets by Wrongo)

“On the last day of the 2021-22 Term, the Supreme Court handed down a decision on “the major questions doctrine” and [agreed] to hear a case presenting “the independent state legislature doctrine” – neither of which had been called “doctrines” there before.”

The rationale behind the major questions doctrine is the contention by the Justices that the agencies must receive explicit direction from Congress to address a particular issue if action by the agency is of political or economic significance. Conveniently, this “doctrine” gives the Court’s Conservative supermajority a tool to achieve their preferred outcomes when textualism doesn’t get them there.

Liptak quotes Allison Larsen, a law professor at William & Mary:

“The phrase was used just once by any federal judge before 2017, and in only five federal decisions — at any level of court — before 2020,”

But you guessed it, the turning point in 2017 was when Justice Brett Kavanaugh, then a judge on the US Court of Appeals, used the term in a dissent. More from Professor Larsen: (brackets by Wrongo)

“[Using] the word ‘doctrine’ to describe the major questions concept was first used by law professors and then bandied about on blogs…and used as a rallying cry in opinion pieces and programming by those seeking to challenge the administrative state….In 2016 — long before it was anointed a ‘doctrine’ by the Supreme Court — the ‘major questions doctrine’ was featured by name in the annual Federalist Society conference,”

Interestingly, at Kavanaugh’s Supreme Court confirmation hearings, Sen. Amy Klobuchar (D-MN) asked him about the doctrine, calling it “something else that you (Kavanaugh) came up with.” Liptak reports that Kavanaugh responded vaguely that the “major questions doctrine is rooted in Supreme Court precedent.”

In his 2017 dissent, Kavanaugh conceded that “determining whether a rule constitutes a major rule sometimes has a bit of a ‘know it when you see it’ quality.” That’s some real Wavy Gravy right there.

Back to the EPA case: Chief Justice Roberts wrote that the Court’s use of the term was unexceptional:

“It took hold….because it refers to an identifiable body of law that has developed over a series of significant cases all addressing a particular and recurring problem: agencies asserting highly consequential power beyond what Congress could reasonably be understood to have granted.”

Turning to the student loan debt relief case, in the oral arguments, Roberts argued that since loan relief is expensive, it must be authorized by Congress. But as Justice Elena Kagan said in the same oral argument, “Congress could not have made this much more clear, adding, “We deal with congressional statutes every day that are really confusing. This one is not.”

Welcome to 2023, where when cases come out the way the Conservative justices want, it’s just fine. But if the legal text gets in the way, the “major questions doctrine” allows them to make the explicit text disappear because they’re willing to engage in bad faith readings of statutes to get the job done.

So much for the rule of law.

If under a Republican president, when the Supremes need to find a sweeping executive branch authority to justify a Conservative wet dream policy, they’d find it without even a whiff of self-reflection.

Will we ever make up the ground now being lost to the decisions by these ideologues?

Saturday Soother – March 4, 2023

The Daily Escape:

Superstition Mountain area, AZ – March 2, 2023 photo by Teresa Arbisi

What does freedom mean to you? Lexington, a columnist who writes about America in the Economist, says that American politicians on the right and left are groping for a new definition of what it means:

“Democrats and Republicans are competing over which party is the true defender of freedom in American life, but the claims of both have become muddy. What the debate really illuminates is how far the parties have drifted from decades of consensus about liberty in American economic and social life, without yet articulating where they are headed, if they know.”

Lexington says that as evidence of the Republicans’ commitment to freedom, they are for gun rights. The Democrats usually point to abortion rights or voting rights. But the crux of today’s battles are about how history should be taught, what pronouns people should use, and whether governments should coax investment managers to include corporate behaviors in their analysis of investments.

We see that there’s a new willingness on the part of Republicans to inject the state into what freedom means.

Lexington says that Harvard’s Michael Sandel, in his 1996 book “Democracy’s Discontent”, traced in the wake of the New Deal how Americans made peace with centralized governmental power by embracing a concept of liberty that maximized the individual citizens’ freedom to pursue their own ends, with an economy that encouraged consumption. The implicit agreement was that:

“The government would deliver economic growth and Americans would debate how to distribute it, but politicians would stay out of questions about individuals’ values or notions of the good life. In one sign of this shift the Supreme Court in 1943 blocked local governments from compelling schoolchildren to salute the flag.”

This idea of government staying out of the way of individual freedom used to be a core assumption of American politics, but not so much today. Two examples: Florida’s governor DeSantis has trouble squaring his agenda that includes enhancing the state’s control over local schools and substituting its judgment for that of corporations over how to serve their customers.

DeSantis signed a law tightening restrictions on what materials teachers can use, prevented cruise-ship companies from requiring passengers to be vaccinated and sought new government control over Disney because he disapproved of its exercise of speech.

This week, a Florida state senator introduced a bill that would make bloggers who write about DeSantis, and other members of the Florida executive cabinet or legislature register with the state or face fines.

Whatever you make of these policies, what’s happening in Florida is miles away from any definition of freedom.

Second, Lexington points to Sarah Huckabee Sanders, the governor of Arkansas. In her rebuttal to Biden’s State of the Union speech, she said she was a defender of free speech, while boasting she had banned the “derogatory term LatinX in our government”. Wrongo never uses the term either, but did Huckabee Sanders understand the contradiction between her actions and what freedom of speech means?

The Republicans are saying words about freedom that no longer square with the concept, while groping for definitions that they can’t articulate without losing much of America. Take for example, this quote from DeSantis’s new book, “The Courage to Be Free”:

“At the end of the day, the re-mooring of the constitutional ship of state will provide the needed foundation for the reinvigoration of a society rooted in freedom, justice, and the rule of law.”

What exactly does THAT mean?

This is a great time to introduce you to Anat Shenker-Osorio. She’s the founder of ASO Communications, and an expert on political messaging. Shenker-Osorio says we need to be thinking about freedom as freedoms, plural. And to see it as a concept that the Left needs to reclaim from the Right, who use it as a tribal signifier.

She says the Left focuses too much on what they are against. Thus, what the Left stands for gets lost in the noise. She thinks that freedom must be a contested value between the Parties.

If you think about it, the Right have fought against every major effort to extend freedom to more people. Isn’t it funny how deeply anti-communist Florida along with the deeply anti-communist Republican Party keep doing things to constrain freedom? Aren’t these the hallmarks of state socialist regimes?

On to the weekend and our Saturday Soother. It’s our time to forget about ideas that make our heads hurt; like what freedom means. Let’s try to center ourselves after another week of terrible news. Here on the Fields of Wrong, the first robins have arrived. They’re searching among the patches of snow for those early bugs that will soon be everywhere. We’re also getting our latest late winter snowfall, so good luck finding bugs for the next day or so.

Let’s start off by grabbing a chair by a south-facing window. Now watch and listen to Yo Yo Ma perform “Song of the Birds“. It’s a traditional Catalan tune and was a favorite of Pablo Casals, but the composer is unknown. Ma plays this piece often.

Casals often played it to protest war and oppression, particularly after he fled Franco’s Spain. He played it in 1961 at the White House for John F. Kennedy. Here Ma performs it live at KCRW in Los Angeles:

What To Do About Social Security and Medicare

The Daily Escape:

Lupine and poppies, near Glendale, AZ – March 2023 photo by Marion Cart

From Joe Perticone:

“Social Security and Medicare are headed for insolvency—that’s just a mathematical, demographic fact. But when it comes to addressing the problem, there’s virtually nothing the two parties actually agree on. For years, Republicans have waffled between proposing cuts and kicking the can down the road.”

Republicans are correct that Social Security (SS) and Medicare (M) are marching toward insolvency. But they trip over their own feet with their proposals to save them. Republicans are wrong to think they can solve the solvency questions without raising taxes. Once the Republicans take taxes off the table, they’re left without any real solutions to propose.

The Biden administration has done a good job in pre-emptively going after Republican’s ideas about cuts in Social Security and Medicare benefits. The result is that the GOP is squabbling between themselves and scrambling to come up with a plan they could take to the public.

It’s not just the federal debt that should be discussed. Dr. Donald Berwick head of Medicare and Medicaid during the Obama administration wrote in JAMA: (emphasis by Wrongo):

“A total of 41% of US adults, 100 million people, bear medical debts. One of every 8 individuals owes more than $10,000. In Massachusetts, 46% of adults say they skip needed care because of costs. As of 2021, 58% of all debt collections in the US are for medical bills.”

The WaPo explains why people who live in the American South have bad credit scores. It turns out that neither race nor poverty were the deciding factors. It was medical debt:

“Of the 100 counties with the highest share of adults struggling to pay their medical debt, 92 are in the South, and the other eight are in neighboring Oklahoma and Missouri…”

But why the South? Yes, as a region, it’s unhealthy. But there are several Northeastern states where residents struggle with chronic health conditions but have good credit. One thing that stands out is the lack of Medicaid:

“…a recent analysis in the Journal of the American Medical Association…found that medical debt became more concentrated in lower-income communities in states that did not expand Medicaid after key provisions of the Affordable Care Act took effect in 2014.”

So bad health and bad credit are because of Republican governors’ refusal to expand Medicaid to cover more poor people. Leave it to the south to show a MAGA future for all of us: undereducated, unhealthy, and neck-deep in debt.

The Wrongologist

Geopolitics, Power and Political Economy

Category: Banana Republicanism

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