Civil Rights – The Wrongologist

Trump’s Threat To The Constitution

The Daily Escape:

From Steve Inskeep, speaking about the legal plight of Kilmar Abrego Garcia, who Trump says he can’t get back from El Salvador:

“If I understand this correctly, the US president has launched a trade war against the world, believes he can force the EU and China to meet his terms, is determined to annex Canada and Greenland, but is powerless before the sovereign might of El Salvador. Is that it?”

There is a lot of stuff happening. Trump has tested all sorts of limits, including defying a 9-0 Supreme Court order in the case of Abrego Garcia’s extradition to El Salvador mentioned in Steve Inskeep comment above. He has turned the US economy into a giant guessing game by toggling tariffs on and off.

From Dan Pfeiffer:

“….everyone is focused on Trump’s tariff policy. How could you not be? The stock market has been crashing, the bond market is freaking out, and worries about inflation and recession are mounting. When watching your retirement account drop like a rock, it’s hard to focus on anything else.

But we are also amid an emerging Constitutional crisis that could fundamentally reshape democracy.”

Last month, Trump deported Abrego Garcia to El Salvador where he is being held in a notorious prison known for torturing and starving inmates. Abrego Garcia is from El Salvador and was in this country illegally. But a judge had ruled that he could not be sent home because the gangs there posed a threat to his life.

After Abrego Garcia’s illegal deportation, the case went to the US Supreme Court where the Trump Administration admitted that Abrego Garcia was sent to El Salvador in error, but they have refused to do anything to bring him back to the US. The Supreme Court, in a unanimous decision, declared:

“The order properly requires the Government to ‘facilitate’ Abrego Garcia’s release from custody in El Salvador and to ensure that his case is handled as it would have been had he not been improperly sent to El Salvador.”

In a bit of a coincidence, Nayib Bukele, the President of El Salvador, was in Washington Monday for a previously scheduled meeting with Trump, where Bukele said he refused to return Abrego Garcia to the US.

Moreover, in the single most disturbing display since he was reelected, Trump asked Bukele to build several more Terrorism Confinement Centers to house US citizens. Trump also told reporters that he was open to deporting US citizens if they had committed violent, criminal acts. Trump said:

“If it’s a homegrown criminal, I have no problem….We’re studying the laws right now. Pam [Bondi, the attorney general] is studying. If we can do that, that’s good.”

But, US citizens cannot legally be deported.

The only exception is if a US citizen is credibly accused of committing a crime in another country and the government decides to honor an extradition request.

The administration’s position is that they can remove people in error or in defiance of court orders, and once deported, they cannot be compelled to engage in any specific act of diplomacy or foreign policy since those are the exclusive powers of the Executive Branch.

What this all means is that Trump will most likely escalate to deporting US citizens. The courts can try to stop this by, for example, holding executive branch officials including the president in contempt. That is highly unlikely since the Supreme Court ruled last year that the office of the presidency cannot commit a crime if it is done in the pursuit of normal job responsibilities, which would include foreign affairs.

It seems that Trump may not be held legally accountable even for deporting US citizens.

There is nothing to stop him unless the Republicans in Congress decide to stop him. He could be impeached and removed from office, of course, But the Republicans have taken a pass twice already on that option, despite airtight cases against him.

Republican politicians are behaving with deference to power and a fear of standing out. From Kyla Scanlon:

“As Umberto Eco warned in Ur-Fascism , authoritarian systems don’t return with parades and uniforms. They return in a culture where obedience masquerades as patriotism – or as economic strategy.

When disagreement becomes disloyalty, when nuance is dismissed as weakness, when conformity becomes civic virtue, we’re no longer living in a democracy. We’re participating in the performance of one.”

Congress could stop him. They have the authority, but they do nothing. This paralysis is what Umberto Eco described as a “fear of difference” where dissent is dangerous, alternative views are threatening, and deviation is punished.

What we get is a legislative body that performs democracy, but no longer willingly exercises its Constitutional powers.

Standing up to Trump would mean risking access to donors, media cycles, committee power, and the favor of a political ecosystem that now functions more like a loyalty marketplace than a deliberative body. So they completely ignore the Constitution at great costs to their constituents.

At this point, the Democrats can no longer treat Trump with any deference. The entire House Democratic Caucus should draw up articles of impeachment and seek to introduce them. The Senate Democrats should put a hold on everything until hearings are granted. Everything must stop until this is resolved.

From Dan Pfeiffer:

“This is the moment. We are at a crossroads. It’s time to speak up. Corporations have bent the knee; law firms are submitting to Trump; Congress is ceding its authority, and corporate media is making excuses. The courts are trying to stop Trump’s worst offenses, but he ignores their dictates.”

This is the most serious threat to our democracy since the Civil War.

First They Came For The Communists

The Daily Escape:

Provincetown, MA, March 2025 photo by Marty Cowden

Wrongo hasn’t written since January, and there are two primary reasons. First, his overwhelming feeling of helplessness when the Democrats lost both Houses of Congress along with returning Trump to the White House. Truly, the Dems can’t be forgiven for their meek performance since November.

Second, chemotherapy and radiation can ruin your attention span: It is difficult to read anything long-form, much less write connected sentences. On the other hand, I’m having more good days than bad right now.

But today let’s gear up to talk about the arrest by Trump’s Department of Homeland Security of Mahmoud Khalil, a recent Columbia University graduate and green card holder, over his participation in protests at Columbia against Israel’s bombing of Gaza.

On Saturday Khalil was arrested by ICE agents in New York City and swiftly moved to a detention facility in Louisiana while the government attempts to deport him.

The NYT reported: (emphasis by Wrongo)

“A spokeswoman for the Department of Homeland Security…said in a statement on Sunday night that Mr. Khalil had been arrested “in support of President Trump’s executive orders prohibiting antisemitism.”

‘Khalil led activities aligned to Hamas, a designated terrorist organization…’

Aligned”? So, Khalil was arrested for wrong-think. Charlie Pierce asks in Esquire:

“So we’re disappearing people now? Nice to know…Are we now allowing the rendition of legal residents to black sites in the United States?”

Americans Have No Idea How Deep Our Illiberal Roots Are

The Daily Escape:

Sunrise, Avon Beach, NC – May 2024 photo by Donna Cartwright Hayden

Discussions about “Illiberalism” are suddenly popping up in Wrongo’s daily feeds from many sources. Several are reviews of a book (“Illiberal America”) by Steven Hahn, an NYU professor of history.

Hahn also wrote an article in Saturday’s NYT that condenses the arguments in his book. In his column, “The Deep, Tangled Roots of American Illiberalism”, Hahn argues that American illiberalism is not a mere reaction to a dominant tradition of freedom and individual rights, but a philosophy that has long competed against liberalism for primacy in American politics.

David Leonhardt in a NYT book review of Hahn’s book says:

“This country’s liberal tradition is certainly strong. It explains the democratic radicalism of the American Revolution, the relative openness of the US immigration system in the early 19th century and the inclusiveness of the nation’s public education system in the early 20th century.”

A short version of Hahn’s thesis is that the US has long been deeply reactionary and it’s amazing we’ve gotten as far as we have without a challenge to American democracy prior to Trump. Here’s a excerpt of Hahn’s view of our history:

“Back in the 1830s, Alexis de Tocqueville, in “Democracy in America,” glimpsed the illiberal currents that already entangled the country’s politics. While he marveled at the “equality of conditions,” the fluidity of social life and the strength of republican institutions, he also worried about the “omnipotence of the majority.”

“What I find most repulsive in America is not the extreme freedom reigning there,” Tocqueville wrote, “but the shortage of guarantees against tyranny.” He pointed to communities “taking justice into their own hands,” and warned that “associations of plain citizens can compose very rich, influential, and powerful bodies, in other words, aristocratic bodies.” Lamenting their intellectual conformity, Tocqueville believed that if Americans ever gave up republican government, “they will pass rapidly on to despotism,” restricting “the sphere of political rights, taking some of them away in order to entrust them to a single man.”

The slide toward despotism that Tocqueville feared may be well underway, whatever the election’s outcome. Even if they try to fool themselves into thinking that Mr. Trump won’t follow through, millions of voters seem ready to entrust their rights to “a single man” who has announced his intent to use autocratic powers for retribution, repression, expulsion and misogyny.

Only by recognizing what we’re up against can we mount an effective campaign to protect our democracy, leaning on the important political struggles — abolitionism, antimonopoly, social democracy, human rights, civil rights, feminism — that have challenged illiberalism in the past and offer the vision and political pathways to guide us in the future.

Our biggest mistake would be to believe that we’re watching an exceptional departure in the country’s history. Because from the first, Mr. Trump has tapped into deep and ever-expanding illiberal roots. Illiberalism’s history is America’s history.”

America remains a self-deluded country since many Americans have no idea just how illiberal they are, or how deep those illiberal roots run. Today’s college students are living through the consequences of illiberalism. Educational institutions with DEI programs and cultural studies majors have no qualms about siccing the police on their students.

It’s no surprise that university administrators don’t observe the liberal tolerance they espouse in their curricula. But what’s less clear is American colleges and universities exist as training grounds for lawyers, physicians, future Wall Street geniuses and other legs in the stool of elitism. These students are supposed to be compliant because those professions require it.

Time to wake up America! In a few months we’re holding a presidential election in which an illiberal ethnonationalist will stoke white fear of replacement while his Party exploits anti-antisemitism to chip away at our tenuous liberal coalition. There’s danger, and we have little time left to get it right.

No matter how much violence a Trump loss unleashes it’ll pale in comparison to the violence that will come under a Trump dictatorship.

To help you wake up, watch and listen to Van Halen’s “Ballot Or The Bullet” from their 1998 album “Van Halen III”. The song’s title comes from a 1964 speech by Malcolm X who, while speaking about the civil rights struggle, said “We’re going to be forced either to use the ballot or the bullet.”

Van Halen wasn’t a political band, but they appropriated Malcolm X’s speech for this tune:

Also, Eddie Van Halen played slide guitar on this, a rarity.

Sample Lyrics:

Give me liberty or give me death
No truer words have ever been said
Well are you prepared for your very last breath?
Don’t you dare start what you cannot finish
So when we face, face the adversary
No longer are we the minority

When a house is divided, it just will not stand
Once it’s decided, a line drawn in the sand

Ah, the ballot or the bullet
The choice is up to you
The ballot or the bullet
Tell me what you gonna do
The sword or the pen
Can’t be held by the same hand

Thoughts On The Student Protests

The Daily Escape:

Orca #T99C Barakat breaching very near shore, Point No Point Beach, WA – April 2024 photo by Hongming Zheng. Yes, the Orca was really that close. The photographer says it was about 10’ from shore.

The US media is giving front-page treatment to the wave of pro-Palestinian protests on university campuses across America. From the NYT:

“University administrators from Texas to California moved to clear protesters and prevent encampments from taking hold on their own campuses as they have at Columbia University, deploying police in tense new confrontations that already have led to dozens of arrests.”

“At the same time, new protests continued erupting in places like Pittsburgh and San Antonio. Students expressed solidarity with their fellow students at Columbia, and with a pro-Palestinian movement that appeared to be galvanized by the pushback on other campuses and the looming end of the academic year.”

Protesters are saying that their demands include divestment by their universities from companies connected to the Israeli military campaign in Gaza, disclosure of those and other investments and a recognition of the continuing right to protest without punishment.

There are many questions raised by these protests. Does protesting by students against what Israel is doing in Gaza equate to antisemitism? Are the protesting students’ free speech rights being violated by the several universities when they are arrested for peaceably protesting?

Wrongo hates writing about Israel and Gaza. It’s very emotional on both sides, maybe more than for any other topic. It’s possible to be accused of being complicit in a genocide and/or accused of being insensitive to the killing of Jews or of being antisemitic.

From Margret Sullivan:

“Can we be clear about a few things? Protesting this slaughter is not expressing antisemitism. It is not engaging in hate speech. It is not endangering Jewish students. It is doing what should be done on a college campus — taking a stand against a perceived wrong, at least provoking discussion and debate.”

Wrongo thinks students have a right to protest. As Robert Reich says:

“The most important thing I teach my students is to seek out people who disagree with them. That’s because the essence of learning is testing one’s ideas, assumptions, and values. And what better place to test ideas, assumptions, and values than at a university?”

Non-violent student activism is a great way to learn and to participate in our democracy. While activism shouldn’t violate school rules, if you are a student and your school makes rules about student protests like: “you can’t protest on this lawn or at this time,” and you break that rule, you should be prepared to get suspended or arrested.

The schools are responsible for not making rules that effectively restrict or end student activism. And students are responsible for following all reasonable rules.

But there’s another big question: Why are the media and politicians treating these protests as very important problems? It’s true that the Israel/Gaza war is very important. It could plausibly lead to a regional war or even to a wider war. But what’s happening on college campuses in the US is relatively minor, particularly if they’re compared to the student protests during the Civil Rights era or during the Vietnam era.

Yet, the Israel/Hamas war and the campus protests about it are receiving nearly the same amount of media coverage. We never see headlines that read “Another Peaceful Day On 99% Of US College Campuses” even though that headline could run on any day of the year. This is the shape of the media today, and it’s difficult to understand why so many reporters and politicians are so deeply concerned with a relatively minor story. More from Robert Reich:

“Education is all about provocation. Without being provoked — stirred, unsettled, goaded — even young minds can remain stuck in old tracks.”

Protests that call for boycott, divestment and sanctions are perfectly rational ways to protest Israel’s war against Hamas. However, getting Columbia (or other universities) to sell an investment in a US defense contractor, or in an Israeli company isn’t going to change anything.

Also, it’s a stretch for protesters to say that any university, its professors or anyone on its faculty are “complicit” in anything Israel decides to do in Gaza. But, non-violent forms of protest offer important objections to policy. And when the university criminalizes or stifles non-violent protests, that often leads to violent protests instead.

In the Columbia University case, its president called in the police (against the vote of the University council) telling the NYPD that the students had been suspended and thus were trespassing. But at that point, the students had not yet actually been suspended, although they WERE arrested. Then Columbia suspended them because they had been arrested:

“The suspension notices that the students received now cite the arrests themselves as part of the cause for suspension. In other words, the logic was circular. They called in the New York Police Department on the premise that the students were trespassing, when they hadn’t yet been suspended…”

Perfectly circular logic. If campus authorities need to act to protect the safety of any of their students, then they should. But when a university is facing pressure from pro-Israel donors and elected officials to shut down the protests, because the powerful find the protesters and their demands offensive, the university goes too far.

If that isn’t bad enough, consider Sen. Tom Cotton (R-AR): (emphasis by Wrongo)

“On Monday, the Arkansas senator demanded that President Joe Biden send in the National Guard to clear out the student protests at Columbia University against the Israel-Hamas war, which he described as “the nascent pogroms at Columbia.”

Nascent Pogroms? What is Cotton seeing at Columbia that the rest of us aren’t seeing? Apparently every Republican Senator knows that the military must be called in to end left-wing insurrections, but never for right-wing ones! We should understand that there’s a possibility that any military response might lead to Kent State 2.0.

A final thought. We need to differentiate between protestors who show up and do terrible things and the idea that the current rules of discourse focus mainly on the complainant’s subjective state of mind (“I felt unsafe!”). Without turning this into a rant, once a member of any so-called victim class makes that accusation, the burden of proof falls on the accused to prove they didn’t do something wrong. They have to prove a negative. That’s a game that the accused can rarely win.

That isn’t to say that some students aren’t doing objectively awful things during protests.

The vast majority of student protesters probably are good kids who are horrified by the things they see happening in Gaza. They log onto social media and see heartbreaking videos and feel compelled to do something, even though as individuals they are powerless. That’s a normal human, empathetic reaction to war. War is horrific.

Having that reaction doesn’t automatically make them Jew-hating terrorist-lovers.

What’s past is prologue. Remember how protests morphed into killings at Kent State and elsewhere in 1970? Today’s demonstrators aren’t trying to avoid getting drafted for the Vietnam War; they’re protesting what they see as a genocide in the Middle East.

Welcome To MLK Weekend

The Daily Escape:

Housatonic River, near Appalachian Trail, Bulls Bridge, CT – January 2024 photo by Jane Haslam

We’re into the MLK, Jr. holiday weekend, during which Wrongo, Ms. Right and our extended families and friends are gathering to observe Wrongo’s 80^th birthday which occurred late last year. That means this column will be brief but paradoxically, unfocused.

In addition to MLK’s birthday, is anyone else worried about the expansion of the Israel/Hamas war into the Red Sea? From NBC:

“The United States and Britain launched military strikes against the Houthi rebels in Yemen on Thursday, after weeks of mounting attacks (on commercial shipping) by the Iran-backed militant group in the Red Sea.

The strikes, carried out from land and sea, threatened an expansion of the conflict in the Middle East beyond Israel’s war in Gaza — an escalation the Biden administration and its allies have been working to avoid.”

Nothing about this should be surprising. Houthi leadership have been near-begging for airstrikes against them for the last month, given their continued attacks on international ships attempting to use the Red Sea to transit the Suez Canal.

The reaction so far has been as expected. The Houthis have pledged retribution. Pro-Palestinians claim this is the start of WWIII. Some Republicans in Congress say this strike is not authorized, but Wrongo isn’t sure that was necessary.

Anyone who looks at America’s history with cruise and tomahawk missile attacks knows that they are not particularly effective at taking out land-based military installations. It doesn’t seem particularly likely that these strikes will either prevent or deter attacks on shipping in the Red Sea. But it also doesn’t seem likely to escalate things much beyond where we are right now.

America’s military often says “something must be done, and this is something”, and this seems to be another example. And the alternative of confining ourselves only to defensive responses may not have been any better.

Either way, we seem to be looking at a larger and more long-term military presence in the Red Sea. If the Houthi leadership wants to be part of the Israel/Hamas war, then they’re going to be a part of it. Whether the Houthis benefactor Iran wants them to attack global shipping companies is an unanswered question for now.

Is the Iranian leadership about to start a war? The real question is with whom? Iran has a very highly educated population and a diaspora of people waiting to help push the theocrats out if those theocrats slip up. Iran’s options (in a war) would be the many countries that they share land borders with. Those are Russia, Afghanistan, Iraq (who they fought with for 10 years), Turkmenistan, and Pakistan, (a nuclear power). Also Turkey, (in NATO), Azerbaijan and Armenia.

Among countries they don’t share a land border with, are the Saudis or Israel or US, all of which would likely result in Iran getting at least some of the shit bombed out of them. So a war started by Iran seems unlikely, but “Houthis disrupt global shipping from Yemen” was not on Wrongo’s 2024 bingo card, and it’s still January

Since it’s Saturday, let’s close with a musical statement that echoes MLK’s enduring message. Watch and listen to “Keep Your Eyes On The Prize“, a folk song from the American civil rights movement.

The song was composed as a hymn before World War I, but the lyrics in this version were written by civil rights activist Alice Wine in 1956. It is based on the traditional song, “Gospel Plow”, which is also known as “Hold On”, and “Keep Your Hand On The Plow”.

In this version from 2006, Bruce Springsteen starts on vocals, but when Marc Anthony Thompson (with hat) joins him, it becomes a great soul-stirring anthem. Thus, an instructional guide for all of us:

Sample lyrics:

Paul and Silas bound in jail
Had no money to go their bail
Keep your eyes on the prize
Hold on

Paul and Silas thought they were lost
Dungeon shook and the chains come off
Keep your eyes on the prize
Hold on

Freedom’s name is mighty sweet
And soon we’re gonna meet
Keep your eyes on the prize
Hold on

I got my hand on the gospel plow
Won’t take nothing for my journey now
Keep your eyes on the prize
Hold on

The only chain that a man can stand
Is the chain of hand on hand
Keep your eyes on the prize
Hold on

You Say You Want A Revolution

The Daily Escape:

17 Palms Oasis, Anza-Borrego SP, CA – June 2023 photo by Paulette Donnellon. When Wrongo and Ms. Right lived in LA, we hiked to this spot twice with grandkids.

This year, the Fourth of July just won’t let go of Wrongo. Political historian Eli Merritt has an op-ed in the LA Times: The Fourth of July is all about America’s first principle — the right of revolution:

“This right of resistance against inequality and tyranny is the American way. It is the essence of the American experiment, beginning in the 1760s and 1770s with the colonists’ defiance of the Stamp Act, the Townshend Acts, the Tea Act and the Intolerable Acts; and in the 19th and 20th centuries with the abolitionist movement, women’s suffrage movement, the Emancipation Proclamation, the 13th, 14th, 15th, and 19th amendments, and the civil rights movement; and today with nonviolent fights for racial justice, equal voting rights, LGBTQ+ rights and women’s reproductive rights.”

We’re a country born of revolution. But after the Jan 6 insurrection, people are probably put off by the very idea of it. It’s what Trump’s seditionists did when they stormed the Capitol. Their goal was to prevent, or at least to obstruct, the certification of the 2020 presidential election.

And they did so by summoning the spirit of 1776. But in contrast to the J6 “protesters”, the people who approved the Declaration signed their names to a document. They didn’t wear hoods, masks, or camo gear and beat up people. The country’s “revolution” began with paper, pen and ink, with “revolutionaries” plainly identifying themselves. As Merritt points out:

“…the Declaration of Independence is a nonviolent manifesto. It makes no mention of swords, guns or war. Separately, the Continental Congress called upon American patriots to arm themselves, yet only in self-defense of God-given natural rights.”

Yet here we are in 2023, facing once again a fight for rights that we had already won, says The Guardian’s Rebecca Solnit: (emphasis by Wrongo)

“The first thing to remember about the damage done by the US supreme court this June and the June before is that each majority decision overturns a right that we had won…. What this means is that the right wing of the US supreme court is part of a gang of reactionaries engaging in backlash.”

In the 303 Creative v. Elenis case, the Supreme Court made a decision based on nothing, in which a woman refuses to perform a service she didn’t provide, to a gay couple that didn’t exist, in the name of religious “liberty.” That six Supremes jumped on this case is a travesty. We either back down and accept the direction these extreme Justices are pushing the country toward, or we fight.

Wrongo wants to fight, just like he did in the 1960s. It won’t be easy to win these rights back, but it isn’t impossible. And this from WaPo’s Jennifer Rubin:

“On…Independence Day, which celebrates rebellion against a monarch lacking consent of the governed, it behooves us to dedicate ourselves to robust and authentic democracy: government of the people, by the people, for the people — not by arrogant right-wing justices.”

The Supreme Court is the point of the American Conservative movement’s spear, and it must be our goal to blunt their extremisim. The ballot box is our only way out of this mess, so it will take an immense amount of organizing and effort to overcome the gerrymandering, active voter suppression and massive disinformation campaigns conducted by the media.

The current SCOTUS cannot change our beliefs and values. These rights are ours, regardless of what six Supremes say. From Solnit:

“If you didn’t believe that equal access and rights were wrong yesterday…you don’t have to believe it now. Not just because those rights were denied by six justices….”

The country is on our side. Gallup has a new poll of approve/disapprove of the Supreme Court:

This shows that the people agree with blunting the power of today’s Supreme Court. The final words go to Solnit:

“…history shows us that when we come together with ferocious commitment to a shared goal we can be more powerful than institutions and governments. The right would like us to feel defeated and powerless. We can feel devastated and still feel powerful or find our power. This is not a time to quit. It’s a time to fight.”

We must take every available measure in our democracy to revoke consent and remedy these unconstitutional decisions. It will require active engagement in all levels of the democratic political process, from local school boards to the presidency. We can’t take any political office for granted.

Help new voters obtain ID and register to vote. Educate yourself about the candidates, vote in the primaries. Get your friends and families to vote. Make sure no seat goes uncontested wherever a GOP politician holds office or runs without opposition.

Above all, do not let them assume that you consent to the loss of our rights.

Sunday Cartoon Blogging – July 2, 2023

We’re back from our Alaska vacation. It was extended two extra days in Seattle courtesy of United Airlines, who cancelled our flight, along with thousands of others. To add to United’s bad press, its CEO, Scott Kirby took a private plane out of New York while so many of his customers were grabbing hotel rooms they didn’t want, instead of sleeping in their own beds.

Wrongo promised more photos from Alaska:

June 2023 iPhone photo by Wrongo

This iceberg broke off from the Shakes Glacier, which is located in the Stikine-LeConte Wilderness of the Tongass National Forest. It stood about 20’ above the waterline. Since about 10% of a berg is above water, about 220’ of this bad boy was underwater in Shakes Lake which is about 800′ deep. We rode in a jetboat about 25 miles from Wrangell, Alaska to see it.

This week’s cartoons are about the recent decisions by the Supreme Court. SCOTUS released opinions in three big cases, the affirmative action case, the student loan forgiveness case, and the anti-LGBT+ case. Wrongo hasn’t had time to read them carefully, but the dissents by Justices Kagan, Sotomayor and Jackson made it clear that these decisions suck.

These cases show us a few things: First, that the concept of “standing” before the court means only what the Supremes say it means. Previously, It was about where the parties in a lawsuit “stand” in relation to each other. Back in the recent past, a party had to prove they had standing before a court considers the merits of a case. But:

In the gay website case, the plaintiff trying to inflict damage on the LGBT+ community didn’t need to show standing. The Colorado web designer, who the Supremes said could refuse to make wedding websites for gay couples, cited a request from a man who told the AP, he had never asked her to do any work for him. The state of Colorado said she didn’t have sufficient grounds to sue, but the Supremes ultimately said that she did.
In Biden vs. Nebraska, the plaintiffs in the student loan case couldn’t show injury. The Supremes said that the plaintiff, the state of Missouri, had standing because Mohela a student loan servicer, is an instrumentality of the state. Mohela has the independent power to sue and be sued, but it refused to sue in this case, and the state sued on its behalf. Justice Kagan in her dissent said:

“From the first page to the last, today’s opinion departs from the demands of judicial restraint…At the behest of a party that has suffered no injury, the majority decides a contested public policy issue properly belonging to the politically accountable branches and the people they represent.”

Second, we’ve learned that the 14th Amendment, which was originally written to insure that Black people had Constitutional rights, no longer applies to them. Now that the Conservative majority on the Court has ended racism, maybe we’ll get a new holiday to celebrate!

Third, this is what happens when a third of America doesn’t vote. In 2016, we were told to elect Hillary because of the Supreme Court, but America didn’t like the “mean” lady, and Trump was elected. Despite what you thought about her, this growing list of Supreme Court decisions that so many people disagree with are a direct result of that loss.

There are two kinds of freedom: Freedom to, and freedom from. But your freedom isn’t supposed to hurt anybody else. And historically when it did, we enacted laws curtailing that behavior, but no longer. Now, we’re out there all on our own.

Society is moving backwards. Wrongo grew up in the 1960s, those good old days when politicians and the courts strived to promote equality. Now society’s divided. Its coarser, and much less equal. “It’s on you to bootstrap your way to the top” is what the Supreme Court is telling us. We’re born and after that, you’re on your own. However your life plays out, it’s your fault. On to cartoons.

No ladder required:

SCOTUS suggestion for getting ahead:

A case of blind justice:

Blinded by the White:

Some of the Supremes’ action is definitely affirmative:

OTOH, the Supremes overruled the independent legislature theory:

Monday Wake Up Call, North Carolina Edition – March 6, 2023

The Daily Escape:

Early blooming Bradford Pear trees, near Cana, VA – March 2023 photo by Lee Ogle

North Carolina is in today’s news for two reasons: First, North Carolina Republicans, who control the state legislature, announced a deal to expand Medicaid under the Affordable Care Act. North Carolina would be the 40th state to expand Medicaid after a decade of Republican resistance.

From the WaPo:

“The deal marks a stark turnaround for Republican leaders that played out over years in North Carolina and in states across the country, as more and more governors and legislatures expanded Medicaid to low-income residents.”

NC’s governor, Democrat Roy Moore will sign the bill if it gets to his desk. Passage would extend Medicaid coverage to 600,000 of the state’s poor citizens. Dozens of rural hospitals in NC closed during Covid, so maybe it dawned on NC’s Republican Party that dead constituents have a difficult time voting for them.

As with other states, this will allow North Carolina, at no cost to the state government, to give health insurance to the state’s working poor. The federal government will pay for 90% of the cost, and the rest will be covered by a new tax on hospitals and insurance companies.

Wrongo wrote about how the Medicaid expansion was a great source of revenue to state governments here. The NC House Speaker, Republican Tim Moore said that since the federal government will pay North Carolina a $1.8 billion bonus if expansion passes, the GOP was motivated to sign on.

The extra money is part of the 2021 stimulus package signed into law by Biden, that offered signing bonuses to states that expanded Medicaid. In NC’s case, $1.8 billion. Biden reacted:

“This is what I’m talking about….That’ll be 40 states who’ve expanded. 10 more to go.”

It’s doubtful that any other states will sign on this year.

Shouldn’t Red states be taking care of their residents? Instead of wasting time with anti-trans bills and anti-woke bullshit? But that’s too much to expect.

A second North Carolina story involves a case in front of the US Supreme Court, Moore vs. Harper. Last fall the Supremes heard this case about the “Independent State Legislature Theory“. The case started out as a challenge to a Republican-gerrymandered voting map that the NC Supreme Court ruled was unconstitutionally partisan.

NC’s GOP then appealed to the US Supreme Court, arguing that the Constitution’s election clause gives state legislatures freedom to do whatever they decide about their own elections, and that no court can intervene in that. A decision was expected in June, 2023.

But the Supremes may not get a chance to weigh in, since the case is back before the NC high court. Why you ask? Well the NC Supreme Court is elected. And in November, the Republicans won a majority of the seats on the court.

Unsurprisingly, the court decided to review two cases that were decided against Republicans. What’s remarkable is the extent to which NC Republicans are willing to go in order to take control over the outcome of elections away from voters. And they’re not even trying to be covert about it.

On February 3, the NC Supreme Court granted a petition to rehear the case. That means the state supreme court may reconsider a case that is already in front of the US Supreme Court.

On March 2, the US Supreme Court asked for a supplemental briefing. They’re asking the NC Republicans, (the plaintiffs that originally challenged the maps), and the Biden administration to submit supplemental briefings about what effects the state court’s reconsideration might have on the Supreme Court’s ultimate decision.

So the legal jousting about voting rights in North Carolina continues. Maybe the state’s decision to embrace Medicare expansion after a decade means that we simply have to wait for the GOP to come around to an idea that most Americans favor. In the case of voting rights, Wrongo suggests continuing the fight, not waiting.

Time to wake up America! The Biden administration won’t be sending free money to the states to get them to embrace universal voting rights. That may have worked with Medicare, but not with voting rights.

To help you wake up, watch, and listen to Roy Rogers play “Walkin Blues” from his video “Slide Guitar For Rock & Blues” on a 12 string resonator guitar. Rogers makes it his own, and the playing and vocals are terrific:

This is dedicated to our friend Rene S, who also plays a mean guitar. “Walkin Blues” is a blues standard that’s been recorded countless times, often with different lyrics. Son House, Robert Johnson, Muddy Waters, Eric Clapton and the Grateful Dead all have their own versions.

Monday Wake Up Call – February 20, 2023

The Daily Escape:

Oatman, AZ on Route 66 – February 2023 photo by Laurel Anne Lindsay

Some of you may have heard about a study called “The Hidden Tribes of America” by the group More in Common. It’s trying to understand the forces driving political polarization in America today. They classify the American electorate into seven distinct groups, they call “Tribes”.

But their key conclusion is that most people don’t belong on the far left or far right: (brackets by Wrongo)

“…the largest group that we uncovered in our research has so far been largely overlooked. It is a group of Americans we call the Exhausted Majority…representing a two-thirds majority of Americans, who aren’t part of the Wings….most members of the Exhausted Majority aren’t [simply] political centrists or moderates. On specific issues, their views range across the spectrum.”

“But while they hold a variety of views, the members of the Exhausted Majority are also united in important ways: They are fed up with the polarization plaguing American government and society….. [they] are so frustrated with the bitter polarization of our politics that many have checked out completely….. they aren’t ideologues who dismiss as evil or ignorant the people who don’t share their exact political views. They want to talk and to find a path forward.

This chart from the study graphically illustrates the seven tribal groups of the American populace. As you can see, there is a left-wing group that is about 8% of the US population. And there are two right-wing groups that equal about 25% of Americans. That leaves four groups in what the authors call the “Exhausted Majority”. They are 67% of the American populace.

Here are some demographic characteristics of the seven groups:

Progressive Activists: younger, highly engaged, secular, cosmopolitan, angry.
Traditional Liberals: older, retired, open to compromise, rational, cautious.
Passive Liberals: unhappy, insecure, distrustful, disillusioned.
Politically Disengaged: young, low income, distrustful, detached, patriotic,
Moderates: engaged, civic-minded, middle-of-the-road, pessimistic, Protestant.
Traditional Conservatives: religious, middle class, patriotic, moralistic.
Devoted Conservatives: white, retired, highly engaged, uncompromising,

Wrongo identifies as one of the Traditional Liberals, their description rings true.

The authors say that in their research, this tribal membership predicted differences in Americans’ views on various political issues better than demographic, ideological, and partisan groupings. You can read or download the whole study here.

An “Exhausted Majority” may be a positive political development. Wrongo spends nearly every day thinking that there are just two opposing camps. And that they each view each other with fear and loathing, refusing to listen to anything that doesn’t fit their existing narrative. As we’re entering the next presidential campaign, it’s good to know that Wrongo’s view of our polarization might be well, wrong.

Is the “Exhausted Majority” merely a new response to our dysfunctional politics? Wrongo isn’t alone in thinking that what’s wrong with our country will take decades to overcome. Faced with that, people start to look for quick fixes, or a way to stop listening to the wrangling. And you don’t have to be unaligned with either Party to share this sense of exasperation.

The people described in the “Exhausted Majority” are similar. It’s also true that for most people, politics isn’t the be-all-end-all of their lives. They’d prefer that the business of government didn’t require their involvement. They’re trying to get their kids educated, and to keep them safe. They prefer to see political compromise happen without needing to be involved.

But if you can walk away from politics when it frustrates you, then you’re in the lucky minority:

There are large numbers of parents who have discovered that their child is addicted to opioids.
There are many people who had lost their health insurance when they were laid off.
Many sent their daughter to college in the South only to learn that she no longer has any reproductive rights.
Many are worried that books are being taken from public school libraries.
Some fear that they may lose the right to vote.

These people can’t simply throw up their hands and walk away. Only political action will help them. We all know that the political radicals are irredeemable. We also know they make the most noise, but they’re a minority.

The fed-up people on both sides and in the middle have to find a way to take the country back from the radicals, instead of allowing ourselves to be herded into existing opposing camps.

Time to wake up America! We can’t simply drop out. There’s too much at stake. Democrats need to find candidates and a message that can motivate an additional 5%-15% of the “Exhausted Majority” to vote with them. To help you wake up, watch, and listen to the RedMolly band play a very nice cover of Richard Thompson’s “Vincent Black Lightning 1952”. It’s a surprise how beautifully it adapts to a bluegrass idiom, and the dobro work makes it:

“Vincent Black Lightning” is one of the most perfect songs ever written. We saw Thompson perform it live at Tanglewood last summer.

Monday Wake Up Call – January 30, 2023

The Daily Escape:

Late afternoon, Mt. Baker, WA – January 2023 photo by jsmooth

Let’s take on a few key questions raised by the death of Tyre Nichols at the hands of the Memphis police. Wrongo’s primary question is: “Is the life of a police officer worth more than the life of any other citizen?”

Police in the US are trained to see every interaction with the citizens that they are sworn to “protect and serve” as a potentially life-threatening situation. Their primary concern is to go home at the end of their shift, healthy and in one piece.

That level of fear encourages aggression. All police have heard stories of other officers shot as they approached a car, So they often are as tense as a solider in a warzone. And in an America that’s drowning in guns, that fear is well-placed.

When there’s a confrontation with a suspect, police culture focuses the cop on making the suspect comply with the cop’s initial order. And police culture tilts toward the use of physical force when compliance isn’t immediate.

Police culture is based in male bonding, and in an “us vs. them” mentality. Police culture brings with it a code of silence to protect even wrongdoers. Finally, police culture is reinforced by local police unions that are led by mostly older white men, who oppose any progressive change.

A second question is: “Where should we assign blame for continued police violence?” Sherrilyn Ifill’s newsletter has useful context. She asks if the failure of white people to effectively confront and contain the violence by white cops against Black people should be considered as a failure of the Black Lives Matter (BLM) movement, as some pundits suggested this week.

She disagrees. You can read her piece here.

The BLM movement helped white Americans understand what systemic racism meant. It showed America how it impacted people’s lives through violence by police throughout the US. But to ask a Black political movement to change police culture which tilts conservative, White and military, places the burden on the wrong political organization. The correct place for managing this change is local city governments and their citizens. They need to take on the task of creating true civilian control over their local police forces.

The fact that the five officers charged in Nichols’s murder are Black complicates discussion of the role of race in policing. We’re used to cases involving White officers and Black victims. But this case makes it clear that there’s a larger issue at work: an entrenched police culture of aggression and dehumanization of Black people. It is as much the system and its tactics that fosters violence, as it is the racial identity of the officers involved in the brutality.

The NYT quotes Professor Jody Armour, a University of Southern California law professor:

“It’s not just a Black and white issue, but a Black and blue one. And when you put on that blue uniform, it often becomes the primary identity that drowns out any other identities that might compete with it.”

After the George Floyd killing by cops in 2020, Americans realized that police violence was a national and possibly an intractable problem. Various US states approved nearly 300 police reform bills after Floyd’s murder, creating civilian oversight of police, more anti-bias training, stricter use-of-force limits, and alternatives to arrests in cases involving people with mental illnesses, according to a recent analysis by the Howard Center for Investigative Journalism.

But as the NYT’s Charles Blow says, America caught Covid and then simply walked away before the work was done:

“Too many liberal politicians showed us that their commitment to legislation, and even language, to protect Black lives from police violence was polling dependent….They ran scared of being labeled woke or of supporting a “defund the police” ideology.”

“Police unions also learned a lesson: that they could survive the most intense and coordinated denunciation of their practices they had ever faced and still dodge federal legislation to address the violence that happens on their watch.”

We like to say, “this isn’t who we are.” The evidence, though, is that this is exactly who we are.

Time to wake up America! Let’s ask why police lives should be worth more to our community than the lives of those they are sworn to protect.

To help you wake up, listen to the late Tom Verlaine of the band Television who died last week. Television’s first two albums, “Marquee Moon”, and “Adventure” were critical successes but didn’t sell. “Marquee Moon” is considered one of the defining releases of the punk era.

Wrongo and Ms. Right lived in a loft in lower Manhattan in the very late 1970s – early 1980s. Wrongo occasionally went to CBGBs, then the mecca of punk rock. Once, we had the Dead Boys entertain at a party at our lakeside weekend place. It’s tough to think that the icons of early punk music are now in their 70s.

There aren’t many videos of Television performing live. But here they are doing “Foxhole” from their album “Adventure”, at the UK’s Old Grey Whistle Test in 1978:

The band included Verlaine, Richard Lloyd, and Fred Smith on guitar, with Billy Ficca on drums.

Sample Lyrics:

You show me the war but the war’s such a bore.
In the line of duty, in the line of fire
A heartless heart is my proper attire.

The Wrongologist

Geopolitics, Power and Political Economy

Category: Civil Rights

Trump’s Threat To The Constitution

First They Came For The Communists

Americans Have No Idea How Deep Our Illiberal Roots Are

Welcome To MLK Weekend

Monday Wake Up Call – January 30, 2023