Thoughts On The Select Committee Hearings

The Daily Escape:

Sunset, Scripps Pier, La Jolla, CA – June 2022 photo by Paul Folk

Wrongo and Ms. Right watched all of the J6 Committee’s Public Hearing on Monday, and the final few minutes of the first hearing last Thursday.

These aren’t hearings so much as they are public presentations of the Committee’s investigation to date.

And for that we should be thankful, since there are no long opening statements designed to fluff up a Congress critter’s Twitter account. These “hearings” are designed to reach Americans who no longer watch network news, read newspapers, or otherwise spend more than a few moments to learn about what is going on politically.

We’re seeing a fast-paced and compelling prosecutorial case being made, almost exclusively by Republicans, many of whom were close to Trump’s White House. But, as Tom Sullivan points out: (emphasis by Wrongo)

“As refreshing as it is to see Democrats assembling a public accounting of the events surrounding the Jan. 6 insurrection, an accounting is not the same as holding people accountable.”

We’ve seen sworn statements by senior Trump associates who back in 2020, were in a position to have blown the whistle on the coup plot. Now, they’re attempting to wash their hands of responsibility for the Big Lie. They’re finally willing to speak under oath, in order to launder their reputations. For example, Bill Barr’s hand-washing is rich. Don’t forget that for months he carried Trump’s water by peddling the lie that mail-in balloting was rife with corruption.

Two thoughts:

First, the Select Committee may be the public face, but the DOJ has the final word on whether what we’re seeing is high-level criminality by Trump or his White House enablers. What the House Select Committee CAN do is to create a political environment where it’s possible for the DOJ to indict, prosecute, and win convictions against Trump and his key allies.

And even if the DOJ accomplishes all of that, it won’t wipe away the fact that a significant minority of US voters are just fine with an authoritarian dictatorship, as long as it’s the dictator who they believe will act against their political and cultural enemies. An analysis by WaPo reveals just how pervasive Trump’s Big Lie has become within the GOP: More than 100 GOP primary winners back Trump’s stolen election claim.

Second, Democrats seem to think that they will turn back the tide of Trumpian fascism simply by exposing the truth. The NYT’s Jamelle Bouie calls out the Dem’s leadership gerontocracy that seemingly are no longer able to meet this moment. Bouie argues that they don’t even see the moment:

“What’s missing from party leaders, an absence that is endlessly frustrating to younger liberals, is any sense of urgency and crisis — any sense that our system is on the brink. Despite mounting threats to the right to vote, the right to an abortion and the ability of the federal government to act proactively in the public interest, senior Democrats continue to act as if American politics is back to business as usual.”

Most of the senior Democratic leadership are, like Wrongo, members of the Silent Generation. Most of them are financially secure. They all have the same corporate relationships as do the Republicans. Most will die before they have to face the consequences of their feeble opposition to Republican extremism.

It’s been clear at least since Obama’s second term that the Dem’s leadership has lost the will to stand up and/or fight. And after years of Americans facing one crisis after another with little progress, they need to be replaced by younger leaders with stiffer spines, with a passion for social justice and democracy.

From Martin Longman:

“One reason this is important is because there’s no guarantee that the Establishment will prove more popular at the ballot box than fascism.”

These Democratic Party elders came into national politics in a time of bipartisan consensus and centrist policymaking, a time when the Parties were less ideological and more geographically varied.

American politics since then has returned to what was an earlier state of division, partisanship, and fierce electoral competition. The authoritarianism on display in the Republican Party has antecedents in the behavior of Southern political elites in the 19th century. It has been a part of the GOP since the New Deal.

Millions of Democrats see that American politics has changed in profound ways since the 1990s. They want their leaders to act, (and react) decisively to the gridlock and growing lack of social cohesion, and how both threaten our country.

In a democracy, the voters get what they ask for. If they want candidates who will take away their freedom to choose their leaders, then it will be up to courts to try to save democracy. But we shouldn’t let it get to that.

We must prosecute people who have attempted insurrection and/or sedition. That includes the Trump administration’s crimes against the US government and the Constitution.

This is our only available remedy, and even if it it’s pursued, it may not be enough.

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Monday Wake Up Call – June 13, 2022

The Daily Escape:

Sunset, Safety Harbor, FL – June 2022 photo by Jacqueline Faust Photography

A new study by the Institute for Research and Education on Human Rights (IREHR) shows that 875 state lawmakers (11.85% of all state lawmakers in the USA) representing all 50 states, have been engaging with far-right Facebook groups:

“After insurrectionists tried to overthrow the presidential election on January 6, 2021….Several state legislators took part in state-level efforts to undermine the results of the 2020 election.…Forty-eight state and local officials, including ten sitting state lawmakers, were outed as members of the far-right paramilitary group, the Oath Keepers.…”

IREHR has identified 789 different far-right Facebook groups, ranging from militia and sovereign citizen groups, antisemitic conspiracy groups, militant COVID Denial groups, Stop the Steal groups, and others:

“These 789 groups were joined 2,115 times by the 875 legislators identified in this report, an average of 2.4 groups per legislator. Some legislators are members of as many as 24 different groups.”

When will we decide that Facebook must be reined in? This is a clear sign that extremism is making its way into elected office everywhere in the country. And that extremism is thriving due to the role played by the internet and social media.

But this didn’t all begin with Jan. 6. We’re dealing with a challenge that began 60+ years ago with a group we rarely hear about, the John Birch Society (JBS). From James Mann in the NY Review of Books:

“The John Birch Society may be little remembered today, but in its time it had a dues-paying membership of at least 30,000, a staff of 240 people, and more than 400 bookstores across the US.”

The JBS was founded by Robert Welch in 1958, along with a group of 11 conservative business leaders. They had been complaining that America was moving toward socialism and that President Eisenhower, the first Republican president in a quarter-century, was doing little to reverse the drift. But the JBS went further than earlier anti-New Deal activists. They portrayed them as the result of foreign conspiracies.

Mann, reviewing Edward H. Miller’s new biography of Welch, A Conspiratorial Life, says that many of the issues, themes, and causes the Birchers seized upon six decades ago are still alive and well on America’s political right today.

Welch complained that department stores didn’t have enough “Merry Christmas” decorations, saying that they were trying to take Christ out of the holiday. The Birch Society called for defending the police against charges of brutality. They opposed water fluoridation with the same fervor as today’s anti-vaxxers. They vigorously fought efforts at gun control, which they said was a preliminary step for confiscation of guns and a Communist takeover of the US.

Sound familiar?

Birchers opposed FDR’s New Deal reforms. Mann says that when Nixon signed into law the Occupational Safety and Health Administration, Welch called it “the worst piece of tyranny ever imposed on any people by any government.”

Maybe a bit over the top? They opposed the Brown v. Board of Education decision integrating US public schools. Welch wrote about Brown:

“The storm over integration….has been brought on by the Communists.”

Welch also enlisted doctors who were opposed to the establishment of Medicare and Medicaid in 1965. His conspiracy theories suggested either that Communists had orchestrated these changes in American society, or that the changes were themselves a form of creeping communism.

For the Birchers, “communism” became a term used to smear liberalism and Democrats. Doesn’t this sound familiar 64 years later? For example, Trump spokesperson Liz Harrington said this on Friday about the J6 Committee:

“This is a communist committee that has shown that there’s nothing they won’t do.”

Much like Trump’s base, the Birchers refused to acknowledge the legitimacy of political opposition, suggesting that those who disagreed with them were acting in bad faith, or were part of a conspiracy. And like Trumpists, Birchers had considerable influence upon Republican politics. Republican politicians worried about alienating the Birchers in much the same way that Republicans today worry about running afoul of Trump.

Back then, Republicans used the same type of evasion as do today’s Republicans. Barry Goldwater called the Birchers “the finest people in my community” and said they were “the kind [of people] we need in politics”, something very much like when Trump said that there were “very fine people on both sides” after the 2017 riots by neo-Nazis and white supremacists in Charlottesville, Virginia.

Time to wake up America! In many ways, J6 was the coming-out party for a new coalition of far-right groups, aimed, as was the John Birch Society, at undermining our democracy.

To help you wake up, listen to U2 and Mary J. Blige perform “One”, their song about the search for unity. We featured a 1997 version of this tune in 2021, and this one is from 2009:

Bono told the BBC:

“The concept of oneness is of course an impossible ask….Maybe the song works because it doesn’t call for unity. It presents us as being bound to others whether we like it or not. ‘We get to carry each other’ – not ‘We’ve got to carry each other’.“

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How Democrats Should Message The Midterms

The Daily Escape:

Sunset along the Last Dollar Road (from Telluride to Ouray), CO – photo by Rich Briggs Photography

Democrats are messaging like mad about the Jan. 6 attempted coup public hearings that start tomorrow. The NYT is asking whether the “Jan. 6 Hearings Give Democrats a Chance to Recast Midterm Message.”

The NYT thinks the real question is whether the “message” of the Jan. 6 hearings will “resonate” with voters. We know that the Republicans now deny that Jan.6 was an attempted coup. We know that the Big Lie, the Great Replacement Theory, and the idea of the Second Amendment uber alles, are mainstream views of the GOP. The Times shouldn’t be covering the mid-terms and the hearings as if they are sporting events – the future of the American experiment is on the line.

Along the way to becoming a Party that totally supports violence, for years, Republicans have been a Party of Senators who do nothing to solve America’s problems.

And it isn’t simply their position on government spending. Once upon a time, Wrongo considered Republican concerns about government spending and budget deficits a serious viewpoint. But since they give tax cuts to the wealthy and to corporations whenever they’re in power, they have lost all credibility on spending.

Under Republican rule, the US left the international consortium to blunt climate change. They walked away from an Iran nuclear deal that leaves the world in a much less safe place. They politicized the pandemic and mocked efforts by public health officials to prevent Covid from becoming the endemic disease it is today.

Going back five decades, they steadfastly opposed national health insurance for the millions of Americans who had none. Their opposition continued by causing the Clinton plan for health insurance to crash on takeoff. Republicans fought the ACA during the Obama administration, although it passed without a single Republican vote in 2010. They fought to overturn it throughout the Trump years.

Today, the Senate is in a position to act on multiple measures, including gun control, that would improve the lives of millions of Americans. They could vote tomorrow. But they won’t because neither Party can muster a filibuster-proof majority in the Senate.

The 2022 mid-terms provide a moment for all Americans, including Democrats, Independents, and a few Republicans to do some serious soul searching. They need to answer the question: Do you want a government that does nothing or a government that tries to solve problems?

Do you want to elect representatives who despise government, or do you want men and women who bring informed views and respect for our Constitutional democracy to the House and Senate?

Wrongo was in high school when the book “Profiles in Courage” came out. It was ghost-written for then-Senator John Kennedy (the original JFK, not the current empty suit from Louisiana). The book profiles Senators who defied the opinions of their Party (and constituents) to do what they felt was right. Most of them suffered severe criticism and losses in popularity because of their actions.

Today, no one expects to see a Senator of either Party act solely on the basis of moral courage. It is a terrible shame that it takes more courage for a politician to say or do the right thing than they can muster.

But there’s no public mandate for do-nothingism. And the structure of the Senate empowers a minority who doesn’t want anything to get done. When legislators refuse to legislate, they’re telling the American people that they couldn’t care less about urgent issues like gun violence, fair wages or voting rights.

They’re happy to sit on their hands despite Americans needing their help.

This is anti-democratic. If there was strong public support for do-nothingism, at least our governing institutions would reflect public opinion. But the Senate doesn’t reflect what the public wants.

The Senate has changed drastically since its “Profiles in Courage” days. It was conceived as the body that would cool the passions of the House and consider legislation with a national perspective. But today, the Senate has become a body that shuns debate, avoids legislative give-and-take, proceeds glacially, producing next to nothing.

Wrongo worries that in the mid-terms, Democrats will run mainly against the Big Lie, and their sparse record of legislative achievements. They should run against the “Do Nothing Republicans” in the Senate.

The Democratic Party is more diverse ideologically than the Republicans. This is a messaging challenge for them. The Republican’s coalition is narrower. It’s more ideologically homogenous. Given the Senate’s skewed geography, Republicans need only appeal to their base and little else, to succeed. That allows them to use simpler messages.

In “The Cause, The American Revolution and its Discontents, 1773-1783” by Joseph Ellis, he says that before the revolution, colonists didn’t think of themselves as Americans. They described their fight for independence as “The Cause”, an ambiguous term that covered diverse ideas and multiple viewpoints. It succeeded in unifying them against the British.

Running against “Do Nothing” Republicans would also use an ambiguous term covering multiple viewpoints. It would allow Democrats to move away from the idea that they have to sell a wider array of ideas to a wider group of voters.

It might also energize both Dems and Independents at a time when they are dispirited.

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J&J’s Texas Two-Step

The Daily Escape:

Wallowa Lake near Joseph, OR – May 2022 photo by Danny J Goff

From Judd Legum:

“Nearly 40,000 lawsuits have been filed against Johnson & Johnson (J&J), alleging that the company’s baby powder causes cancer. The lawsuits claim that customers became sick with mesothelioma or ovarian cancer after being exposed to asbestos contained in talcum powder.”

In July 2018, a Missouri jury awarded $4.7 billion in damages to 22 women who said they contracted ovarian cancer from J&J baby powder. According to judge Rex Burlison, J&J:

“…knew of the presence of asbestos in products that they knowingly targeted for sale to mothers and babies, knew of the damage their products caused, and misrepresented the safety of these products for decades.”

Obviously J&J appealed, and an appeals court reduced the verdict to $2 billion. J&J wasn’t satisfied and further appealed the verdict, ultimately to the US Supreme Court. In June 2021, however, the Supremes refused to hear the case, letting the $2 billion award stand.

J&J had no interest in bankruptcy, but came up with another strategy to protect most of its assets from the current and any future judgements. In July 2021, the company launched “Project Pluto,” in which J&J would create a new subsidiary, LTL Management, which would “own” the liability for the baby powder litigation. It also would receive about $2 billion in cash. LTL would then declare bankruptcy.

More from Judd Legum:

“J&J is attempting to exploit a 1989 Texas law, deploying a legal maneuver known as the “Texas two-step.” J&J temporarily became a Texas company and then executed a “divisive” merger. The move split J&J into two new companies: one with almost all of the assets and no baby powder liability and another with all of the baby powder liability and few assets.” The latter almost immediately filed for Chapter 11 bankruptcy.

More:

“By filing for bankruptcy, all civil litigation against LTL Management is immediately halted. The claimants no longer have the ability to have their claims heard in court. Instead, if the scheme is successful, all claimants have to split up a limited pool of assets defined by J&J.”

That’s the “Texas Two-Step.” You may remember that in 2021, the NRA had requested to be reincorporated in Texas when it filed for bankruptcy, a move hailed by Texas governor Gregg Abbott. It would also have led to splitting the NRA into two companies, with the liability in the new firm. That effort failed when a Texas judge wouldn’t allow the move without the approval of New York State, something NYS wouldn’t do.

It’s possible in every state to split a company’s assets and liabilities through a spin-off, and spin-offs have often been used to fraudulently transfer assets that might be part of a bankruptcy. The Two-Step exploits a quirk of Texas law, which defines “merger” as including not just two companies merging into one, but also the exact opposite, when a company divides into two or more entities.

Texas and Delaware are the two states that allow for such “divisive” mergers. This type of “merger” avoids what in bankruptcy circles is called a “fraudulent transfer” of assets, assets that should by rights be considered a part of the bankruptcy estate to be divided among the firm’s creditors.

The deemed lack of an asset transfer is what makes the Texas Two-Step unique and interesting to J&J.

The Senate Judiciary Subcommittee on Federal Courts, Oversight, Agency Action, and Federal Rights, led by Sen. Sheldon Whitehouse (D-RI), is looking into the legality of the Texas Two-step:

“It does not make sense for a $450 billion corporation with 38,000 people with potentially lethal injuries to be able to carve off $2 billion…and walk away from the responsibility for what it did.”

We’ll see what becomes of the lawsuits against J&J and the LTL Management company.

More broadly, this shows we need to substantially strengthen the US bankruptcy fraudulent transfer laws. Unfortunately, that’s a political fight between the capitalist wolves and the consumer lambs, with all the best lawyers on the side of the wolves. For example, J&J has retained Neal Katyal, former Acting US Solicitor General under Obama to help with their liability carve-out. Katyal is earning $2,465/hour while working for J&J. Seems reasonable, no?

The wolves know that the legal positioning really matters. They will fight tooth and nail to keep the firm’s money in the firm and out of the hands of the plaintiffs. Even though there are substantially more lambs than wolves, the lambs have neither the resources nor the smarts to protect themselves.

These greedy schemes by America’s biggest firms are designed to dodge financial responsibility. J&J is attempting to cheat cancer patients from getting what the courts have already awarded them.

The management and their attorneys should face prison time for depriving justice to these consumers who won in court.

If we can’t bring Capitalism to heel, it must go.

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Saturday Soother – May 28, 2022

The Daily Escape:

Memorial Day, Arlington National Cemetery – May 2013 photo by William Coyle

Welcome to America’s Memorial Day weekend, when we remember those in the military who died in service to the country. But this year, we must also honor those who have died from mass murder by gun right here at home.

We need a three-day weekend. We need a break from the slowly unveiling and depressing news out about how shamefully the police of Uvalde, TX reacted to the killer. We also need a break from listening to the tepid responses by both political Parties.

The Republicans are saying the same as always: The country should not have stricter gun control. Why do Republicans refuse to act? Beyond the fact that many believe stricter gun control would not prevent such mass shootings, recent polling data reveal that there’s less political pressure on them than you might have thought.

Let’s examine the public mindset on the gun control debate as shown in Gallup’s polling conducted in October 2021 and January 2022. Both polls found a slight decrease in support for stricter gun laws compared with the prior year’s measures. Here are the top line results:

Last October, 52% of Americans indicated they wanted stricter gun control, while 46% either thought laws should be kept the same (35%) or made less strict (11%). The headline is that Americans’ support for stricter gun control fell five percentage points from October 2020 to the lowest since 2014.

That decline was driven by a 15-point plunge among independents, while Democrats’ desire for more restrictive gun laws ticked up six points to 91%. Republicans’ views were essentially unchanged, at 24%, (after dropping 14 points in 2020).

Of course, these numbers can be hard to understand when polls also indicate that north of 80% of Americans want universal background checks for guns, which Democrats have been pushing for in Congress and which most Republicans won’t go along with.

Why? There’s no sign that the polling on background checks holds up when its on the ballot. CNN’s report (March 2021) showed that ballot measures for background checks have appeared on ballots in California, Maine, Nevada, and Washington.

In all four, the pro-gun control side’s vote margin was worse than the Democrats’ baseline in the same state. In 2016, Clinton won California by 30 points, while gun control won by 27 points. In Maine, Clinton won by 3 points, while gun control lost by 4 points. In Nevada, Clinton won by 2 points, while gun control passed by a single point. Lastly, Washington passed its gun control law by a little less than 19 points in 2018, while Washington state’s House Democratic candidates won by a bigger margin in the same year.

The question is: Why would Republicans feel political pressure to support more gun control, when something that polls as well as universal background checks doesn’t draw as much support as the Democratic presidential candidate?

And here are a few more depressing thoughts. First, before the assault weapons ban went into effect in 1994, there were about 400,000 AR-15 style rifles in America. Today, there are 20 million.

Second, it’s doubtful that you were aware that there is an active group of school principals who have survived a school shooting. It’s called the Principal Recovery Network, a support group of sorts that mobilizes to help principals in the immediate aftermath of a school shooting. Frank DeAngelis, the former principal of Columbine High School says:

“It’s like that club that no one wants to belong to,”

They provide support for a principal who’s having his/her worst professional day. In every scenario, the goal is to help a principal in crisis. This is America: We put all this energy into dealing with the aftermath of a preventable trauma, and that now includes therapy for principals. We’re in this dark place because we will not open our eyes.

And for the 21st time since a mass shooting in Isla Vista, Calif. in 2014, the satirical site The Onion republished its saddest headline:

“No Way To Prevent This,” Says Only Nation Where This Regularly Happens

The best way to stop a bad guy from getting a gun is prevention.

Time for our long weekend Saturday Soother. The blog may be taking some time off, so don’t expect to see another column before Tuesday.

In view of the Memorial Day observance, and to remember those who died in Texas, listen to Samuel Barber’s “Adagio for Strings”, played in the original version by the Dover Quartet. Barber finished the arrangement in 1936. In January 1938, Barber sent an orchestrated version of the Adagio for Strings to Arturo Toscanini. The conductor returned the score without comment, which annoyed Barber.

Toscanini later sent word that he was planning to perform the piece and had returned it simply because he had already memorized it! It was performed for the first time by Toscanini in November, 1938. Here, for the third time on the blog, is the quartet version of “Adagio for Strings”:

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Free Speech Is About To Get Tested

The Daily Escape:

Lupine bloom, Beeks Bight, Folsom Lake, CA – May 2022 photo by Kaptured in Kamera

We’re back from France where we had fantastic weather, wonderful food and wine, and a break from the loud drumbeat of dystopian American news. One issue that Wrongo followed from afar was the continuing assault on free speech by America’s Right Wing.

From Dan Pfeiffer:

“It seems like every week, Republicans propose, pass, or enact another outrageous, authoritarian, retrograde policy. Book bans, abortion bans, efforts to turn back the clock on marriage equality and contraception. Each is a fleeting political firestorm and then it’s on to the next….amidst this parade of retrograde lawmaking, there is a pattern…”

Despite claiming to be for small government, the Republicans want to dictate the terms of speech in America.

Consider Florida where Republican Gov. Ron DeSantis had passed legislation taking away the rights of Facebook, Twitter, and others to ban people from their platforms:

“The US Court of Appeals for the 11th Circuit on Monday ruled it is unconstitutional for Florida to bar social media companies from banning politicians, in a major victory for tech companies….the court rejected many of the legal arguments that conservative states have been using to justify laws governing the content moderation policies of major tech companies after years of accusations that the tech companies are biased against their political viewpoints.”

The 11th Circuit court found that tech companies’ moderation decisions are protected by the First Amendment, which prohibits the government from regulating free speech. Interestingly, this comes after a different decision on the same issue by the Texas 5th Circuit Court of Appeals, that allowed a Texas law banning companies from discriminating against people based on their politics to remain in effect.

We now have completely opposite decisions by the 11th Circuit and the 5th Circuit courts on the issue of whether corporations must follow the Constitution’s First Amendment. This will invariably lead to the Supreme Court weighing in on whether private social media companies’ content moderation decisions are protected by the First Amendment. From the WaPo:

“Some lawmakers pushing for laws governing online content moderation and Supreme Court Justice Clarence Thomas have argued that tech companies should be regulated as “common carriers,” businesses like phone companies that are subject to government regulation because of the essential services they provide.”

But Florida’s court rejected those arguments, arguing states can’t force such restrictions on private company social media platforms. While the phone companies cannot stop callers or calls that may be objectionable, or even illegal, social media companies have different rights. From the Court’s ruling:

“Neither law nor logic recognizes government authority to strip an entity of its First Amendment rights merely by labeling it a common carrier…”

The “Terms of Service” (TOS) agreements between social media platform companies and their users are a contract. When someone agrees to the TOS, they are saying that they will abide by it. Violating the TOS, whether by Trump, Musk, or some random ideologue, is a violation of contract law.

When the TOS is violated and the violator is suspended or barred from the platform, it doesn’t demonstrate bias, or a restriction in free speech. It demonstrates equal treatment. The TOS isn’t there only to restrain Conservatives, despite their protests of discrimination.

Florida passes a “don’t say gay” bill to police free speech by public educators in schools. They then pass the law to prevent private companies from policing speech on their platforms. This irony is lost on those who claim they’re against federal or state overreach unless it’s their Party that’s doing the overreaching.

The First Amendment says the government cannot punish you for speech (with some exceptions). The same Amendment also protects free association—meaning that it’s perfectly legal for private organizations to exercise their freedom of association even while excluding some speech.

Networks like Facebook and Twitter exert a lot of power over the flow of information. They are a primary method of news and expression for millions. That means they must be broadly inclusive and promote healthy discourse. Their business model includes wanting to attract as many users as possible. From Nicholas Grossmann: (emphasis by Wrongo)

“The big social networks—Facebook, LinkedIn, YouTube, Twitter—aim to be the online mainstream, appealing to a wide variety of users and the businesses that sell to them. That requires stopping behavior that isn’t illegal, but makes the platform inhospitable, such as hate speech.”

The large private social networks have a responsibility not to let the doctrine of free speech make them give a right of way to bad actors. There is zero reason to cede the concept of free speech to the trolls who are trying to drive people they hate off private social media platforms.

Now we wait to see what Alito, Thomas and the other Conservative Supremes have to say about the limits of Free Speech.

You shouldn’t be optimistic about the outcome.

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Florida State House Changes School Curriculum

The Daily Escape:

Cape Cod evening – 2022 photo by Alan Hoelzle

(This is the last column for this week as Wrongo and Ms. Right are heading to France for ten days. It’s our first international trip since 2019. Posting will be light and dependent upon internet connectivity.  Try to behave yourselves and keep your tray tables in the upright and locked position until told otherwise).

Bullies always complain that they’re the victim, not the ones who got the beating. We see this with Putin and Trump.

Another example of that is what Republicans in Florida are doing with public school curricula. Gov. Ron DeSantis says that he’s saving kids from imaginary indoctrination in their schools, but this week he issued a government edict that requires school indoctrination. From the Miami Herald:

“Public school teachers in Florida will soon be required to dedicate at least 45 minutes of instruction on “Victims of Communism Day” to teach students about communist leaders around the world and how people suffered under those regimes.”

DeSantis’ bill makes Florida one of a handful of states adopting the designation. More from the Herald:

“It is, however, the first state to mandate school instruction on that day, as Florida Republicans continue to seize on education policy while placing school curriculum at the forefront of their political priorities ahead of the 2022 midterms….It would require teaching of Joseph Stalin, Mao Zedong and Fidel Castro, as well as “poverty, starvation, migration, systemic lethal violence, and suppression of speech” endured under those regimes.”

So kids, we learned today that teaching Florida students about authoritarian fascist slavery in other countries is necessary and mandated. But teaching Florida kids about authoritarian fascist slavery in this country is nothing but divisive critical race theory (CRT) that makes white kids feel bad. It must never, ever be mentioned.

This is a part of the Republican Party’s effort to make public education their top campaign messaging issue in the 2022 Midterms. Despite the reality that all of the education-related “issues” they are focused on are non-existent — like claiming that the teaching of CRT is everywhere, or that teachers who educate students about LGBTQ+ issues are “groomers”.

Normally, local school boards would be left to decide what is taught in the schools under their control, including curriculum, and health and safety standards. But under Republican radicals like DeSantis, the local community isn’t able to do that, because it might interfere with his goal of becoming America’s next Trump.

The irony of dictating school policy from the capital isn’t lost on anyone. It proves that DeSantis understands the basic concept that got the very regimes he hates going in an authoritarian direction in first place. They play up the victimhood — I’m the one being oppressed! — and then get their voting base, those who carry grudges against the Other, to go along with it.

The only “critical race theory” that DeSantis cares about is the race he’s running in to be president one day.

Since Wrongo is leaving you without any musical interludes for a week or more, let’s have a travel-appropriate tune to help propel you forward into the news jungle.

Listen, and watch for sure, Dierks Bentley do his 2014 song ”Drunk On A Plane”. If only airplane rides were really like this! The video won Music Video of the Year at the 2014 CMA Awards:

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Sunday Cartoon Blogging – May 8, 2022

Senate Republican leader Mitch McConnell thinks the leak of the Supreme Court’s draft opinion overturning Roe is a “toxic spectacle”. Chief Justice John Roberts calls it a “betrayal.” And Justice Thomas of Ginni said:

“We can’t be an institution that can be bullied into giving you just the outcomes you want…We are becoming addicted to wanting particular outcomes, not living with the outcomes we don’t like…”

So suck it up American women! They’re sure that the leak is worse for America than their outrageous decision, and nothing you say will change any Republican minds. It is likely to be a long time before this (anticipated) decision is reversed. We will be a nation divided between states where reproductive freedom is guaranteed and states without it.

Major judicial errors in American history have been reversed before. The Constitutional amendment prohibiting alcohol was repealed in 14 years. The Supreme Court opinion upholding laws that criminalized gay sex was overturned after 17 years.

Women have many reasons for choosing abortion that have nothing to do with not wanting to be a parent. They may have medical needs; a fetus may carry genetic defects; the woman may be an underage child or a survivor of rape or incest. Adoption does not erase either the medical effects or the psychic scars that forcing a mother to term might inflict, and that may persist long after pregnancy is over.

And on this Mother’s Day, it is particularly ironic that they call themselves pro-life. Except, of course, for mothers. On to cartoons.

Who should be feeling violated?

Alito changes the rules:

Barrett shows she’s one of the boys:

More of the hypocrisy:

Oh, the places you will go:

Anybody else think Republicans are too controlling?

Mother’s Day 2022:

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Thoughts on Alito’s Draft Opinion

Daily Escape:

Chama River, near Abiquiu, NM – 2022 photo by James C. Wilson

Wrongo’s last column spoke about how the Republican Party had become the Party of White Christian Nationalists. And that was before the draft opinion overturning Roe v. Wade was leaked to the world. It seems that this likely decision is a key example of how radical Christians are assuming a political role in America that isn’t dissimilar to the Taliban’s in Afghanistan.

Justice Alito’s draft opinion reinforces the view that there’s a very dangerous Christian movement afoot in our nation. It’s not enough for them to live in a country where they are completely free to practice their own religious beliefs. They require the rest of us to live by their religious code, too.

Two thoughts: First about the Court’s legitimacy in the eyes of the public when they overturn a 50-year-old precedent. The Editorial Board of the WaPo summarized the damage to the legitimacy of the Court that Justice Alito is likely to inflict:

“The Court’s legitimacy rests on the notion that it follows the law, not the personal or ideological preferences of the justices who happen to serve on it at any given time….What brought the Court to its current precipice was not a fundamental shift in American values regarding abortion. It was the [result of] shameless legislative maneuvering of Senate GOP leader Mitch McConnell, who jammed two Trump-nominated justices onto the Court.”

For some time, you’ve been able to predict the votes of Supreme Court Justices by knowing the Party of the president that appointed them. That is particularly true if the issue is either overtly political or a Culture War proxy for Republican Party doctrine.

The American people want to believe the law is fair and impartial, because everyone wants to live in a just and predictable society. But this isn’t what Conservatives want. Their so-called love of religion and love of authority move them to reduce or eliminate voting rights, and now, to eliminate women’s rights.

Second, Wrongo thinks that the Conservative Court has gone a political bridge too far. Most polls show that the rights granted in the Roe v. Wade decision are broadly popular, even among Republicans. And Americans have lived with those rights for almost 50 years, assuming it was an inviolable Constitutional right, you know, like owning a gun.

Heather Cox Richardson says that the Supreme Court has never before taken away a Constitutional right. That means there will certainly be a political backlash against those who have supported this attack against women specifically, and against privacy rights in general.

Pew reports that women are more likely than men to express support for legal abortion (62% vs. 56%). And among adults under age 30, 67% say abortion should be legal in all or most cases, as do 61% of adults in their 30s and 40s.

This describes the foundation of a political movement: Young women as the vanguard of an anti-Republican crusade (pardon the Christian pun). We also know that young people historically have had the lowest voter turnout, dating back to the 1960s. Here’s a graph showing what percentage of women have voted by age group:

Source: Stastia

It was only in 2020 that very young women reached the 50% turnout level for the first time in 50 years. They still lag all other age groups in voting. This means that a wealth of untapped political power lies waiting to be flexed this fall, and overturning Roe is the spark that can light the fire.

Add to that Black and Hispanic women who according to a Guttmacher Institute report are, respectively, three and two times more likely to have an unintended pregnancy than white women. Nationally, Black women had 37% of abortions, white women had 34%, and Hispanic women had 22%. Black women are also more than three times more likely to suffer a pregnancy-related death compared to white women.

Pew also reported that two-thirds of Asian (68%), and Black adults (67%) say abortion should be legal in all or most cases, as do 58% of Hispanic adults.

All of this creates the basis for a national political movement to defeat anti-abortion candidates at local, state, and national levels. Think about how a young woman like Mallory McMorrow who spoke so effectively against the Republican Culture War, could be a leader in the fight.

Larry Sabato’s Crystal Ball lists seven states that offer the biggest potential for a Democratic backlash driven by abortion rights: Arizona, Georgia, Michigan, New Hampshire, North Carolina, Pennsylvania, and Wisconsin. Each of these states has a highly competitive gubernatorial or Senate race on tap for this fall, and several of them have two.

Before you say it’s impossible, remember that in Ireland in 2012, the death of a young woman who had been denied a medically necessary abortion became a rallying cry for the abortion rights movement. In 2018, this Catholic country held a referendum to change their Constitution to legalize abortion, which passed with over 66% support.

The non-Christian-radical path forward is via the ballot box, where women should be poised to lead us to a rebuilt society. Even as the Roberts Court and Republicans turn their backs on the Constitution, we must still embrace it.

The Roberts Court’s radical Christian majority is, intentionally or not, administering a fatal blow to the Court’s legitimacy.

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Saturday Soother – April 30, 2022

The Daily Escape:

Cactus bloom, Tanque Verde, AZ – April 2022 photo by Bel Meader

Since last fall we’ve seen headlines about the need for parental control of public school curricula. It’s been a huge political weapon for Republican governors like DeSantis in Florida and Youngkin in Virginia. The argument is that the way race, gender and history are taught in public school classrooms is outside of the cultural mainstream in America.

A new national poll by NPR and Ipsos shows that those concerns are held only by a minority of America’s parents, while the majority express satisfaction with their children’s schools and what is being taught in them. The poll’s findings show that fewer than 20% of parents seem to be concerned about the culture wars, but they seem to be driving 100% of the conversation about K-12 education in America.

The poll surveyed 1,007 parents of school-aged children. Parents answered questions about the impact of the pandemic on their children, academically and socially, and about their schools’ performance:

“This year’s responses showed positive trends as the nation continues to recover from the worst of the pandemic. Compared to 2021, a growing margin of parents say their child is “ahead” when it comes to math, reading, social skills, and mental health and well-being. Fewer parents say their child is “behind” in those areas. In fact, in 2022, almost half of parents, 47%, agree with the statement: “the pandemic has not disrupted my child’s education.” That’s up from 38% in 2021…”

However, that view is at odds with that of most education researchers, who see big disruptions in indicators like test scores, college attendance, and preschool enrollment. The Ipsos poll shows that parental satisfaction also included culture war topics. In the poll:

  • 76% of respondents agree that “my child’s school does a good job keeping me informed about the curriculum, including potentially controversial topics.”
  • 88% of respondents agree with the statement “my child’s teacher(s) have done the best they could, given the circumstances around the pandemic.”
  • 82% agree “my child’s school has handled the pandemic well.”

Mallory Newall of Ipsos points out that:

“It really is a pretty vocal minority that is hyper-focused on parental rights and decisions around curriculum…. Just 18% of parents say their child’s school taught about gender and sexuality in a way that clashed with their family’s values; just 19% say the same about race and racism; and just 14% feel that way about US history.”

Newall also said that there was a lack of partisanship in the responses:

“The most partisan issue in our poll was gender and sexuality, but still only a minority expressed any concerns. Republicans are closely divided: 26% say schools are not teaching about gender and sexuality in a way that matches their family’s values, while 22% say schools are (the remainder don’t know or say schools aren’t addressing those topics).

The problem of course is that the vocal, 20+% of American parents are seeking total victory in the culture war. Republican-aligned groups like No Left Turn In Education and Parents Defending Education have continuously pushed these issues into the spotlight. And it’s working.

Ralph Wilson, a researcher who studies how partisan donors back the culture war, says these groups imply that they represent a silent majority of conservative-leaning parents. But that’s not necessarily the case:

“It’s definitely an incredibly small minority that’s being amplified with this large, well-funded infrastructure to appear larger and to appear to have more well-founded concerns than they do.”

The Ipsos poll found that about a third of parents say they “don’t know” how their child’s school addresses sexuality, gender identity, racism, or patriotism. Only 24% of parents believe they have too little say over what is taught or what books are in the library at their kid’s school.

That’s enough! Let’s leave the culture wars behind for the weekend. It’s time for our Saturday Soother, where we gather ourselves for the week ahead. In northwest Connecticut, we can’t escape cold weather, so our remaining yard work must wait for warmer nights before planting can start.

Instead, pour a mug of your favorite spice tea, grab a seat by a big window, and listen to “The Banks of Green Willow” by the little-known George Butterworth, who was part of the English pastoral idiom. Butterworth and Ralph Vaughan Williams were close friends, and you may hear similarities in their music. Butterworth was killed in 1916 in WWI during the Battle of the Somme; he was just 31.

Here it is played by the  Royal Liverpool Philharmonic Orchestra under Grant Llewellyn:

And the pastoral images are nice!

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