Category: Constitutional Issues

Amend the Electoral Count Act

The Daily Escape:

Great North Woods, NH – October 2021 photo by Michael Blanchette

Regarding Facebook’s outage: How did anti-vaxxers do their research without Facebook?

On to what’s wrong today: The Jan. 6 coup attempt didn’t succeed, but it came close. And those involved in the plot have learned from their mistakes. This means the country faces a growing risk of electoral subversion by Republicans and by Trump and his supporters.

We’re still learning the details behind Trump’s attempt to overthrow the 2020 election, including his pressure on state officials, the Eastman memo, and the Oval Office meetings with Mike Pence, attempting to convince him to throw out certified vote totals from certain states during the Jan. 6 Electoral College vote tally. This attack to subvert the will of the American voters didn’t involve the Capitol rioters. It was held in the White House and led by Trump.

But the attempted coup isn’t over. There’s an organized effort by Republicans in many states to fill key, lower profile election jobs with people who will only certify elections that Republicans win. They’re proponents of Trump’s Big Lie and they’re trying to upend our democratic election process.

On Saturday, the NYT had an editorial about a reform that may be both the most urgently needed, and the easiest (relatively) to pass into law, reforming the Electoral Count Act (ECA):

“The Electoral Count Act, which passed more than 130 years ago, was Congress’s response to another dramatic presidential dispute — the election of 1876, in which the Republican Rutherford Hayes won the White House despite losing the popular vote to his Democratic opponent, Samuel Tilden.”

The NYT says that the Electoral Count Act contains numerous ambiguities and poorly drafted provisions:

“For instance, it permits a state legislature to appoint electors on its own, regardless of how the state’s own citizens voted, if the state “failed to make a choice” on Election Day. What does that mean? The law doesn’t say. It also allows any objection to a state’s electoral votes to be filed as long as one senator and one member of the House put their names to it, triggering hours of debate — which is how senators like Ted Cruz and Josh Hawley were able to gum up the works on Jan. 6.”

A few legal scholars have argued that parts of the ECA are unconstitutional, which was the basis of Eastman’s claim that Mike Pence could simply disregard the law and reject electors of certain key battleground states. But the NYT says:

“Nothing in the Constitution or federal law gives the vice president this authority. The job of the vice president is to open the envelopes and read out the results, nothing more. Any reform to the Electoral Count Act should start there, by making it explicit that the vice president’s role on Jan. 6 is purely ministerial and doesn’t include the power to rule on disputes over electors.”

Democrats could bring forward an amendment to the ECA. And it’s unlikely that Republicans would filibuster the vote on the amendment, so Democrats could pass it with a simple majority vote. Their amendment should clarify that the vice-president’s role is purely ceremonial. Further, the threshold for objections to state electoral vote counts could be made higher than just one Senator and one House member from the state in question.

Instead of focusing on the ECA, Senate Democrats hope to pass a version of the Freedom to Vote Act. The act would set nationwide voting standards to help counteract anti-democratic laws passed by legislatures in at least 17 states driven by partisan, conspiracy-minded election officials who could sabotage legitimate election results. The Freedom to Vote Act has four principal pillars:

  1. It sets national standards to protect and expand the right to vote.
  2. It would protect the integrity of elections and make it harder for partisan officials to subvert valid election results.
  3. It would prohibit partisan gerrymandering and empower courts to invalidate overly partisan maps, a needed change since many states have already begun their 10-year redistricting process.
  4. It would reduce the power of big money in elections by shining a bright light on so-called dark money campaign spending.

But there’s little chance of this bill’s passage through the Senate. From Sen. Angus King (I-ME):

“I don’t think the Republicans here are interested in short-circuiting what their brothers and sisters are doing in statehouses across the country,”

Maybe Republicans would also reject ECA reform if the Senate tried to change it. We’re in a world where what the majority wants is no longer what will happen politically.

And the window for fixing this is closing before our eyes.

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Census Data Shows Big Changes Coming

The Daily Escape:

Big Balanced Rock, Chiricahua National Monument, AZ – photo by Arnaud Barré

From the WaPo:

“For the first time in the history of the country’s census-taking, the number of White people in the United States is widely expected to show a decline when the first racial breakdowns from the 2020 Census are reported this week.”

The headline news includes these facts: For the first time, the portion of White people could dip below 60%, and the under-18 population is likely to be majority non-White. In 26 states, the number of Whites has declined. Up to six states and DC could have majorities of people of color.

In case anyone was wondering what was motivating all the Republican voting restrictions, this is it.

The actual data will be released later today. So there’s at least some chance that the WaPo and Wrongo are well, wrong about the census results. That’s unlikely, since the numbers have been moving in this direction for years. More from the WaPo:

“Estimates from 2016 to 2020 show that all of the country’s population growth during that period came from increases in people of color. The largest and most steady gains were among Hispanics, who have doubled their population share over the past three decades to almost 20% and who are believed to account for half of the nation’s growth since 2010. They are expected to drive about half the growth in more than a dozen states, including Texas, Florida, Arizona, New Mexico and Nevada.”

The WaPo quotes William Frey, a demographer at the Brookings Institution: (brackets by Wrongo)

“The trend is projected to continue, with Whites falling below 50% nationally around 2045…[and] at that point, there will be no racial majority in the country. Between 2015 and 2060, the Hispanic and Asian populations are expected to approximately double in size, and the multiracial population could triple due to both immigration and births.”

America is heading into uncharted territory. Our older generations will be much Whiter than younger ones. Racial minorities will drive the growth in the US labor force as White Boomers retire. Frey calls what’s about to happen a “cultural generation gap”.

This could mean that both groups may compete for resources. For example, public spending on services for seniors versus spending on schools or job training.

The new data are also expected to reflect continuing ethnic diversification of the suburbs. Now, more minorities live in suburbs than live in cities. Frey says that the vast majority of the nation’s more than 3,000 counties and its more than 350 metropolitan areas became less White in the past decade.

All of this has tremendous implications for social cohesion. Cities and states that want to sustain economic growth will need strategies to attract minorities. That’s already happened in places such as Kansas, the Philadelphia metro area, Miami-Dade County, and Prince George’s County, MD.

How predominantly White boards of directors manage predominantly diverse management teams and workers could be a big challenge.

The data release comes amid concerns over its accuracy. The 2020 count had huge problems, including the Trump administration’s attempts to add a citizenship question and block undocumented immigrants from being counted. On top of that, the pandemic caused major delays for the survey.

This release also provides the first look at whether last year’s count missed significant numbers of minorities. Arizona, along with Texas and Florida, each fell short of expectations with smaller gains in Congressional seats than projected.

The big event is that release of the Census data kicks off this decade’s Congressional seat redistricting. The clock is now ticking for states to draw new Congressional maps. The fact that the data are already late creates a scramble among most states to finish their maps before primaries begin next year.

In addition to questions about data accuracy, get ready for a new round of “white replacement” tirades from the Right. Expect to see a revival of the debate over whether the undocumented should be counted in the Census. Expect a fresh wave of Right-Wing anger directed against America’s minority populations.

Our ugly politics will probably get uglier, at least for a while.

It’s ironic that Republicans are both completely resistant to more support for families, although they complain loudly about the declining share of the White population.

It isn’t only people of color who need better policies – like more parental leave; control of healthcare costs; housing affordability; and better and cheaper childcare. It’s also those Millennials and GenZ’ers who are of child-bearing age who can’t afford kids.

Protecting voting for all Americans is the most important priority for Congress. Particularly now, as it seems clear that Republicans are trying to bail on democracy.

Why? Because it’s hard to promote White supremacy to non-white people.

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Two Nations Means the Death of One Country

The Daily Escape:

Sunrise, Portland Head Light, ME – June 2021 photo by Rick Berk Fine Art Photography

It’s a sign of the times: 66% of Republicans in 13 Southern states including Texas and Florida are in favor of seceding from the US to join a union with other Southern states. This is what a new YouGov survey conducted on behalf of Bright Line Watch found. Half of independents surveyed in the South agreed, while 20% of Southern Democrats were on board.

And secession is gaining support among Southern Republicans: back in February, 50% told Bright Line that they’d support such a proposal. This bodes, very, very poorly for the future of American democracy if the trend continues.

Below, the survey results are laid out geographically:

Bright Line Watch tabulated responses from 2,750 Americans from  June 16 to July 2, 2021. The survey has a confidence limit of 95%, but they caution that these findings reflect:

“…initial reactions by respondents about an issue that they are very unlikely to have considered carefully.”

It probably makes sense to read the results more as statements of ideology and political identity (e.g., “I’m a proud Southerner and I don’t like Joe Biden!”) than as signs of intent to secede. Nevertheless, the sheer number of Americans willing to “blow America up” as a sign of their partisan loyalty is very troubling.

Secession gets polled frequently, usually in the context of Republicans angry at a Democratic president or vice-versa. But there seems to more going on: This time, a major difference is that Republican elites are now much more active in stoking secession passions.

In the past year, GOP officials and lawmakers in Texas, Wyoming, Florida, Mississippi, and Michigan have publicly discussed the possibility of seceding from the Union. Conservative media voices often cheerfully amplify their arguments.

Wrongo is having difficulty seeing where America goes from here.

It’s clear that there are people pushing very hard to create two separate communities within the US. And it isn’t clear whether democracy is possible in a society based on two communities who see the world in opposite ways.

It’s unclear what secessionists think is the upside in splitting up. Government exists to identify and solve the common problems confronted by its citizens. Trying to solve common problems with fewer resources is a very steep price to pay for living in a more ideologically pure country.

Make no mistake, this is about ideological purity. Linda Greenhouse wrote in an NYRB article “Grievance Conservatives Are Here to Stay” that many conservatives think that the secular state itself must go to bring about God’s kingdom on earth. These people are known as Christian Nationalists.

Some like Katherine Stewart, who’s book “The Power Worshippers: Inside the Dangerous Rise of Religious Nationalism” was reviewed by Greenhouse, think that the culture wars that are dividing us politically are a false flag operation designed to distract mainstream America from understanding what Christian Nationalism is after:

“It does not seek to add another voice to America’s pluralistic democracy but to replace our foundational democratic principles and institutions with a state grounded on a particular version of Christianity….This is a political war over the future of democracy.”

If you doubt this, consider that Pew Research examined 12,832 sermons in Christian churches during the 2020 election campaign. It turns out that 67% of those sermons mentioned the 2020 election at least once. About 20% of them just encouraged voting, but 46% discussed issues, candidates, or parties (which is a violation of their status as tax-free institutions):

From Pew: (emphasis by Wrongo)

“Roughly half of all evangelical Protestant sermons mentioning the election discussed specific issues, parties or candidates (48%), the highest share among the four major Christian groups. And, in discussing the election, evangelical pastors tended to employ language related to evil and punishment at a greater rate, using words and phrases such as “Satan” or “hell” at least twice as often as other clergy did.”

Of course, this is against the law (the Johnson Amendment, sponsored by LBJ), but Stewart heard pastors getting advice from lawyers on how to get around the Johnson Amendment.

Replacing American democracy with a Christian theocracy may not be the only thing that’s driving the secessionists, but the rhetoric of the Christian Nationalists is driving our politics. In particular, their narrative that government is stomping on the rights of Christians and their churches.

Surely, it’s a good thing that there are no troubling historical precedents for what happens when large numbers of Southern conservatives, motivated in large part by grievance and victimhood, want to break away from the Union.

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The Disconcerting Truth About the Big Lie, Part III

The Daily Escape:

Moon rise, Whitaker Point, Ozark National Forest, AR – 2021 photo by mattmacphersonphoto. This is the sixth time we’ve featured a Matt Macpherson photo.

Reader Ben van N. says:

“I fail to see why the election rules are different in every state. The country should have the same rules for voting (and make them all as simple and accessible as possible) no matter where you live. Having a variety of methods, rules and restrictions opens the door to what you have now.”

Ben doesn’t live in the US, but he has analyzed the problem correctly. Our federalist system makes it fiendishly difficult to have standard rules in America for policing, education, or elections. And we need to make all three of them better.

Regarding elections, Roosevelt University political scientist David Faris was interviewed by VOX:

“You have anti-democratic practices at the state level that produce minority Republican governments that pass anti-democratic laws that end up in front of courts that are appointed by a minoritarian president and approved by a minoritarian Senate that will then rule to uphold these anti-democratic practices at the state level.”

And there’s no clear path for Democrats to overturn these state-level voting laws through the courts. The Supreme Court has already said it’s not going to touch gerrymandering. And so, there’s nothing left except Congress using its constitutional authority under the elections clause to regulate elections. That will require ending the filibuster.

More from Faris: (brackets and emphasis by Wrongo)

“Take the scenario where Republicans don’t have to steal the 2024 election. They just use their built-in advantages [where]…Biden wins the popular vote by three points but still loses the Electoral College. Democrats [get more votes for]…the House…but lose the House. Democrats [get more votes for]…the Senate…but they lose the Senate.

That’s a situation where the citizens of the country fundamentally don’t have control of the agenda and they don’t have the ability to change the leadership. Those are two core features of democracy, and without them, you’re living in competitive authoritarianism.”

His scariest comment is that, after Republicans steal the 2024 election:

“People are going to wake up the next day and go to work, and take care of their kids, and live their lives, and democracy will be gone. There really won’t be very much that we can do about it. Or there’s the worst-case scenario where the election is stolen and then we’re sleepwalking into a potentially catastrophic breakup of the country.”

As Ben v N. says, there’s certainly an opportunity to do something about all this at the federal level, but time is slipping away. And Democratic Senators Joe Manchin and Krysten Sinema continue to vacillate somewhere between concern and hostility, to taking effective action. Action, such as ending the filibuster.

If both can’t be swayed from their current intransigence, the remaining options for our democracy look poor.

The media would have you believe that Biden and the Democrats in Washington are the ones overplaying their hand. Not true. Look at what’s happening at the state level:

In Ohio, Republican legislators are pushing to ban all vaccine requirements, not just for Covid. They would prevent Governor DeWine’s incentive program for Covid vaccinations, and ban even requesting that people get vaccinated.

In Texas, Republicans are about to legalize carrying handguns without a license. Without a permit, without training, or a background check of any kind. Under current state law, Texans must be licensed to carry handguns openly or concealed. Applicants must submit fingerprints, complete four to six hours of training, and pass a written exam and a shooting proficiency test. That’s too restrictive for the GOP.

In Florida, Republicans just enacted a law that makes it illegal for large technology companies (Facebook, Twitter, Amazon) to remove the posts by candidates for office during election campaigns. It also makes it easier for Florida’s Attorney General and individual citizens to sue those companies. The law is certainly unconstitutional. Curiously, this is an example of the new GOP declaring that it wants more government control over speech.

In Alabama, Republicans are regulating yoga, because it originated in the Hindu religion. Along the way, they plan to ban the use of Sanskrit words such as “Namaste.”

Saving the worst for last: Arizona. GOP legislators have not only launched a farcical “audit” of voting in Maricopa County, but then they stripped the State’s Secretary of state of her authority over elections after she criticized their audit fiasco. Arizona, of course, is only one of the many states where GOP legislatures are pushing new laws to make it harder to vote, while trying for increasingly partisan control of the election process.

Democrats have allowed themselves to be lulled to sleep because American democracy dodged a metaphorical bullet during the November to January Big Lie barrage.

We can’t relax, because next time, the bullets won’t be metaphorical.

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The Disconcerting Truth About the Big Lie

The Daily Escape:

Sunset at Race Point Light, Provincetown, Cape Cod, MA – May 2021 photo by Kristen Wilkinson Photography

There’s a new Ipsos poll that asked the question: “Who do you think the true President is right now? Choose one”. (The choices were Joe Biden and Donald Trump).

Among all respondents, 75% said Biden, while 25% said Trump. So far, so good. Those saying that Trump is president broke down as Democrats 3%, Independents 22%, with 53% of Republicans answering that Trump is the actual President, not Biden. And that wasn’t all:

(The new Ipsos Poll is a national sample of 2,007 adults and was conducted between May 17th and 19th. It has an overall margin of error of 2.5%. The margin of error for the groups is: Democrats 3.7, Republicans 4.1, and Independents 8.0).

The question about whether the election was legitimate, or the result of illegal voting or election rigging, showed that Republicans believe the Big Lie, with 56% saying the 2020 election was illegitimate.

It doesn’t matter what the motives of the 53% of Republicans who say they believe Trump is really the president are. Maybe they believe what they’re saying, or they say it because they feel group (cult?) pressure to say it. The effect is the same. They are poisoning our democratic system, and they’re proud to be doing it.

Republicans throughout the country are saying that they need to restrict the vote to restore faith in the electoral system for their voters. But let’s not kid ourselves. The only way their faith will be restored is if Republicans “win.”

Does anyone remember polls of Democrats saying that Gore was the real president after the 2000 election, not GW Bush? There was plenty of complaining that Bush won through a corrupt legal process, because that’s what happened. The idea that Bush wasn’t actually the president would have been considered delusional. From Paul Campos:

“But today…a majority of the people who identify as members of one of the nation’s two major political parties are saying something that’s actually quite a bit crazier — that Donald Trump, who unlike Al Gore doesn’t have any factual basis for believing the election was stolen from him, is the true president RIGHT NOW — and we just have to shrug because that’s just something a lot of Real Americans happen to believe, just like they believe their guns protect them from the Government…and that global warming is a liberal myth…”

Paul Krugman on our current political mess:

“What’s different this time is the acquiescence of Republican elites. The Big Lie about the election didn’t well up from the grass roots — it was promoted from above, initially by Trump himself, but what’s crucial is that almost no prominent Republican politicians have been willing to contradict his claims and many have rushed to back them up.”

America’s next election will require UN observers.

The GOP’s party leaders have largely sworn allegiance to Trump and his movement, and they continue to propound the Big Lie. At the state level, they are moving quickly to restrict voting rights in as many locations as possible. And to help tie their program together, they are blocking attempts to investigate the coup on Jan 6th.

It is obvious that the GOP’s leaders are playing to the Republican base – fifty-six percent of whom think the election was stolen, and a majority of whom support the idea that “force may be necessary to save the American way of life.”

All this leaves America walking a tightrope over the abyss of authoritarianism. Any misstep and we could lose our democracy.

This is made all the more dangerous, of course, by the false sense of security Democrats are feeling now that Biden is in power. The Greenberg Research poll in late April focused on voter intensity levels in the states and Congressional Districts that will likely decide who controls Congress after 2022. It found 68% of Republican voters report the highest level of interest in the midterms, compared to just 57% of Democrats.

So, the fear of a Republican return to power in the Congress in 2022 is real. And will the GOP’s enthusiasm be matched in 2022 by Democratic voters rushing to the polls to show their gratitude to the Party for bringing back the economy and getting the vaccines distributed? Maybe.

Democrats need to realize sooner rather than later that it’s going to be hand-to-hand political combat for the foreseeable future and plan accordingly. No matter how much money you gave in 2020, you will need to give more in 2022.

Otherwise, if the Republicans are successful at overthrowing American democracy, there won’t be a next time. That’s it, game over. For a very long time, possibly for good.

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Monday Wake Up Call – April 26, 2021

The Daily Escape:

The Wonder Gardens, Bonita Springs, FL – April 2021 photo by Merrill Dodd

Alex Pareene in the New Republic writes about how Republicans have endorsed a terrorist tactic against protesters. He means new legislation in several states that shield drivers from civil liability if they injure or kill protesters. Florida is an example:

“Earlier this week, Florida Republicans enacted a law they claimed would prevent riots in the state. Its real purpose, of course, was to discourage protesting and punish demonstrators. One of the bill’s provisions has received a fair amount of national attention, as it seems to give Floridians permission to attack protesters with their cars.”

The law increases penalties for protesters who block roadways or deface public monuments. It creates a new crime, “mob intimidation.” That clause makes it illegal for a group of two or more people to use force or to threaten force. But what constitutes a threat of force? And the law requires that anyone arrested at a protest be denied bail until their first court appearance, making for overnight jail stays.

It also makes local city and town officials in Florida liable for lawsuits from injured parties if they are found to have not done enough to respond to control violent protests. And it reacts to the mythical “defund the police” movement by allowing an appeal to the governor of any decision by local officials to reduce law enforcement funding.

Pareene asks: (brackets by Wrongo)

“What problem does it [the new law] solve? As the Florida American Civil Liberties Union pointed out, very few recent protests in the state involved violence or even vandalism, and police and prosecutors were already well equipped…to handle whatever rioting might occur. If demonstrators blocking roads and snarling up traffic were a serious problem in Florida in need of a legislative remedy, surely thoughtful legislators could come up with a more effective or ethical response….”

Five states besides Florida have introduced similar bills this year, granting some form of immunity to people running into demonstrators. Iowa’s measure was passed by the state’s House and awaits Senate approval. Oklahoma Governor Kevin Stitt just signed another version into law in his state. Oklahoma’s shields attacking drivers from criminal but not civil liability.

More from Pareene:

“A few years ago, most people would have seen “politically motivated vehicle attacks” as a terrorist tactic pioneered by ISIS. Now American police regularly carry out these kinds of attacks, and Republican policymakers have officially endorsed the practice.”

Ari Weil, a researcher at the Chicago Project on Security and Threats, counted six states that considered laws shielding drivers who attack protesters in 2017, but most of those bills went nowhere. But the car attacks kept coming: In 2020, Weil tracked 72 incidents of cars driving into protesters across 52 different cities in a period of just over a month.

And police are more likely than individuals to use vehicles as weapons. Cops in New York and Detroit have hit demonstrators with cars. In Boston last year, Police Sergeant Clifton McHale was recorded on a police body camera bragging about hitting demonstrators with a police cruiser. If you think this is an exaggeration, consider this image that Wrongo saw on Facebook by a Santa Fe, AZ Police Sgt. (via Digby):

Civil rights and social justice groups say these laws are an unconstitutional attack on free speech. Micah Kubic, executive director of the American Civil Liberties Union of Florida, said:

“To be clear, the goal of this law is to silence dissent and create fear among Floridians who want to take to the streets to march for justice.”

One question is: Who gets to define and/or decide what a riot is, or what’s a violent protest? It’s most likely the local police; so as always, they now get to wield violence against protesters, up to and including driving into a crowd.

Even if a person accidentally stepped on the gas during a protest, if they kill or hurt someone in their car, there is no reason to create a legal shield for them. The incident must be adjudicated in court. That’s how we do this.

Carving out a legal exception to allow the potential killing of someone because they happen to be protesters is mind-boggling. Our democracy is under attack by a large portion of a major political party which seeks to transform the relationship between the government and the governed.

Time to wake up America! These laws will endanger the lives of people who are exercising their right of free speech by demonstrating. To help you wake up, listen to Tom Jones covering a Todd Snider song, “Talking Reality Television Blues”. The song shows the snowballing damage that television has inflicted on our psyche:

An 80+ year-old star covers a song by a dope smoking old hippy, making it sound like something NPR would feature.

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Sunday Cartoon Blogging – April 4, 2021

The NYT has a great explainer about the new Georgia voting law. The Times summarizes:

“Go page by page through Georgia’s new voting law, and one takeaway stands above all others: The Republican legislature and governor have made a breathtaking assertion of partisan power in elections, making absentee voting harder and creating restrictions and complications in the wake of narrow losses to Democrats.”

Below are a few of the changes, with links to the appropriate section of the article.

On to cartoons. Baseball reacted by moving its All-Star game from Atlanta:

Georgia-headquarted Delta Airlines also wasn’t happy. They plan to help:

And it isn’t only Georgia:

The trial continues in Minneapolis:

Asian prejudice is about the people, not their products:

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The Democrats’ Dilemma

The Daily Escape:

Bristlecone pine, Cedar Breaks National Monument – photo by Jessica Fridrich

Here’s the Democrats’ dilemma: They must pass legislation that protects voting rights and ballot access. Otherwise, they will allow the GOP to cheat its way to victory in 2022 and beyond, by subverting democracy to empower a minority, as they are doing in Georgia.

One aspect of Georgia’s new election law that nobody’s talking about is that the law replaces the elected secretary of state (currently Republican Brad Raffensperger) as the chair of the state election board with a new official appointed by the gerrymandered Georgia legislature.

It also allows Georgia’s election board to remove and replace any county election official it deems to be under-performing. That provision could be used to target Fulton County, a Democratic stronghold covering most of Atlanta, which came under fire after long lines plagued primary elections over the summer.

David Atkins says:

“The direct implications of the new law are alarming enough: conservatives with an interest in voter suppression could use their authority to disrupt election administration in majority-minority counties. The possibilities for mischief by a partisan legislature fearful of high turnout by opposed constituencies are endless.”

The Republicans sitting on bipartisan election boards were the reason that Biden is president. Next time, they will find reasons not to certify a close election. And as Jonathan Chait says: (brackets and emphasis by Wrongo)

“ [Republican] states that are rolling back democratic protections are not responding to demographic change nor to any change internal to their state. They are following the agenda of the national Republican Party. That agenda is spreading throughout the states, which are imposing voter restrictions almost everywhere their party has the power to do so. Restricting the franchise has become perhaps the party’s core policy objective.”

And the problem must be addressed immediately, since it will impact the 2022 and 2024 elections. Georgia’s Sen. Warnock must run again in 2022. His losing would put the remainder of Biden’s term in jeopardy.

That means that the Senate must pass some version of HR-1. Currently, the Democrats are taking an “all or nothing” approach to HR-1. That may be their opening shot, but some parts should be non-negotiable. Vox lists some important provisions: it establishes automatic voter registration for anyone interacting with designated government agencies; broadens access to mail-in voting for every eligible voter; and mandates that states accept ballots at drop boxes or polling places, and requires counting all ballots postmarked by Election Day.

Further, it establishes same-day online registration and nationwide early voting. It requires a paper trail for every vote cast. Critically, it ends partisan gerrymandering by directing states to use independent commissions in drawing Congressional maps. It also makes Election Day a national holiday.

Ezra Levin, co-founder of the Indivisible, says:

“The choice is the republic or the filibuster — there is no third option….We are at an inflection point in American history. Down one path is a Trump-inspired white plutocracy, and down the other is a representative democracy.”

But many believe some sections of the nearly 800-page bill may be unconstitutional. Rick Hasen of the Election Law Blog, writes:

“Some parts of it could well be found unconstitutional if it passed, such as a provision requiring states to re-enfranchise all people convicted of felonies who are not currently serving time in a correctional institution.”

The bill also contains controversial rules on campaign financing, including the creation of a public financing program for congressional candidates, new ethics rules for the Supreme Court, and a requirement that most candidates for president and vice president publicly disclose their tax returns.

None of those are key to the problem facing Democrats in states where Republicans control the legislatures. As written, HR-1 is unlikely to make it out of the Senate, so there are good reasons to tailor it both to survive judicial scrutiny, while also properly targeting the problems with voter registration, voting, and ballot counting.

That means whatever bill passes must have all 50 Democrats supporting it, and then, they must agree to end the filibuster to enact it. Therefore, the HR-1 wish list must be simplified and shortened. Democrats who object to ending the filibuster need to ask themselves if they genuinely want to facilitate Republicans in reclaiming Congress and the White House, in the name of preserving an arbitrary rule. The filibuster rule has been amended often in recent times: In 1974, 1975, 2013 and 2017. Time to do it again.

We can’t let perfect be the enemy of the good. Today, it seems more likely that HR-1 won’t become law before the 2022 mid-terms than that it will, absent ending the filibuster.

Democrats can’t be left looking back at yet another missed opportunity to protect voting.

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We’re Riding on a Slow-Moving Train Wreck

The Daily Escape:

El Matador State Park, Malibu CA – 2021 photo by stephencovar

It’s commonly accepted knowledge that it’s hard to look away from a slow-motion train wreck. We should note that it’s even harder when you are riding on the train. And it’s harder still when some of the people riding along with you would be totally happy to see it wrecked.

Let’s start by revisiting CPAC and Trump. He attacked the Supreme Court for not overturning an American election, and his supporters cheered. We can’t let ourselves forget how wrong that was, and if unchecked, its implications for the future.

Second, the Catholic Archdiocese of New Orleans has decided that Catholics may take the Pfizer and Moderna coronavirus vaccines, but not the new Johnson & Johnson vaccine. They say the J&J shot is “morally compromised”, since it was developed using cloned cells derived from fetuses aborted nearly a half a century ago.

New York Magazine’s Ed Kilgore writes:

“It’s worth noting that another Catholic diocese not far away, in Tyler, Texas, has rejected all three vaccines as having been “produced immorally”….But….the Vatican itself is administering the Pfizer vaccine (with Pope Francis and his predecessor, Pope Benedict XVI, among its recipients).”

The faithful in New Orleans and Tyler, TX must decide whether they must be more Catholic than the Pope. Anybody else wonder how America can get the pandemic behind us when religious leaders won’t follow science?

Third, as Bill Kristol notes at the Bulwark, our democracy is in crisis. For the first time in our history, we failed to have a peaceful transfer of power, and Republicans want to ensure that fewer people can vote next time around. They’re supporting many new voting restrictions at the state level.

The Brennan Center has identified 253 bills to restrict voting rights in 43 states that would impose measures to make voting harder. They include reducing early voting, limiting the use of mail-in ballots, eliminating drop boxes, and imposing new voter ID requirements.

This is crucial to our democracy, since Democrats only control 15 states, none of which is a swing state like Arizona, Georgia, Michigan, North Carolina, Pennsylvania or Wisconsin. Republicans have compounded the Dem’s problems through aggressive gerrymandering in Michigan, North Carolina, and Wisconsin.

It’s difficult to understand how in a democracy, there is any discussion of restricting the right to vote. Unless we protect this right, we’re heading down a slippery slope. So to help avoid this slow-motion train wreck, Democrats need to get as many people registered as possible right now.

Finally, secession is on the map again, exactly where you might have expected it to be. Bright Line Watch, in a study released in February, showed that one-third of Republicans said they support secession. And it gets worse: Half of Republicans across the former Confederacy (plus Kentucky and Oklahoma) are now willing to form a newly independent country. Here is Bright Line Watch’s map of secessionist support by Trump approval ratings:

The Texas Republican Party recently supported a referendum on Texas seceding from the union. While secessionist rhetoric is couched in claims about fiscal responsibility and burdensome federal regulations, it doesn’t take much to see ethno-nationalism lurking behind it.

Secession in Texas is a combination of nativism, xenophobia, and white grievance. Texas secession Facebook pages are saturated with fantasies of forcing Democrats to leave the state and seizing their property. Just like the Confederates of the 1860s, this modern secessionist push is rooted in large part in maintaining white supremacy and authoritarian governance.

The increasing marriage of secessionist chatter and GOP ideology should be cause for concern since it is widespread throughout the heartland of America. Of course, state-level secession is illegal in the US. Even Justice Scalia said:

“If there was any constitutional issue resolved by the Civil War, it is that there is no right to secede.”

America has argued about secession since the days of John C. Calhoun, who worked to protect the south’s commitment to slavery from the 1820s until his death in 1850. Trump’s efforts to overturn an election in which Black voters did so much to defeat him in the south, recalls Calhoun’s efforts to deny them citizenship and the franchise almost two centuries ago.

We’re living in a moment when we will see whether American democracy survives these attacks on it by Republicans.

The ability to vote is central to our Democracy. It is at the core of our belief system and without it, all else is meaningless.

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Monday Wake Up Call – Extremists in the Military Edition, February 22, 2021

The Daily Escape:

Lake Willoughby VT – February 2021 photo by John Rowe Photography

For decades, domestic extremists have flaunted their ties to the US military, seeking to attach themselves both to the military’s credibility, and their tactical skills.

The January attack on the US Capitol showed us that the ties between US military members and the extreme right are deeper and more pervasive than we thought. Among the Capitol crowd were many military emblems: Some waved Marine Corps flags, many wore military gear, or specific unit patches signifying their time in service.

The AP found that at least 21 active-duty US Army and law enforcement personnel were present at the riot. We know that about 207 people have been arrested so far. The Military Times reported that 32 of the participants in the US Capitol coup had previously served in the military. If you want to get a current reading on the attitudes of the military to the Capitol coup, read the 640 comments on the article. It’s chilling.

How big is the problem? Last year, the FBI told the Pentagon that it had opened criminal investigations that involved 143 current or former service members. Sixty-eight of those involved domestic extremism and the vast majority involved veterans, not active-duty troops. Importantly, the Defense Department has no central database for tracking the allegations or disciplinary actions related to extremism.

Also, military regulations allow service members to have extremist affiliations and use extremist rhetoric if a service member doesn’t act upon them. In fact, the Pentagon reported in 2020 that only 21 service members had been disciplined or discharged over the previous five years for extremist activities. It’s doubtful that reflects the true scope of the problem.

According to a Pentagon report delivered to Congress last October:

“Despite a low number of cases in absolute terms, individuals with extremist affiliations and military experience are a concern to US national security because of their proven ability to execute high-impact events….Access to service members with combat training and technical weapons expertise can also increase both the probability of success and the potency of planned violent attacks.”

Military leaders say tackling the problem is difficult because the Constitution protects freedom of speech, and the law prohibits criminalizing affiliations that are deemed fundamentally political in nature, rather than a threat to harm the public. New defense secretary, Gen. Lloyd Austin, vowed at his confirmation hearing in January to:

“…rid our ranks of racists and extremists, and to create a climate where everyone fit and willing has the opportunity to serve this country with dignity.”

And Pentagon spokesman John Kirby told reporters on Feb. 3:

“Extremism has risen to a top priority as the new secretary called in the service secretaries and Joint Chiefs of Staff…directing them to conduct a 60-day stand-down for leaders to speak with troops about the problem….”

Monitoring the potential extremist activities of 1.3 million active-duty service members is challenging. It’s difficult to distinguish between the casual gestures of some troops and the real warning signs of potentially illegal extremist activity by others.

Another concern is that 35 US Capitol Police officers are being investigated for their actions during the Capitol riot, and six have been suspended. In addition, the NYT reports that at least 30 police from around the country took part in the rally before the Capitol riot. Many are being investigated, and three have been arrested on federal charges related to breaching the Capitol.

The military appears to be less politically representative of society, with a long-term downward trend in the number of officers identifying as Democrats. Instead, identification with the Republican Party has become the norm. The junior officer corps, apart from its female and minority members, appears to be overwhelmingly hard-right Republican. And military personnel have for the past decade been voting in greater percentages than the general population.

In many ways, the military and civilian police seem to have, as Samuel Huntington wrote in 1957, “the outlook of an estranged minority.”

Time to wake up America! We can’t bury our heads in the sand, hoping that the linkage between the military, our police, and groups like QAnon and the fringe of the GOP won’t grow stronger. We need to call out the problem whenever and wherever we see it.

To help you wake up, listen to the group Kiwi Jr.’s “Maid Marian’s Toast” from their brand-new album “Cooler Returns”:

Sample Lyric:

now you’ve got something we want

it’s the Twenties and you’ve got something we want

so you’ve made the decision to make the decision

now spare us all from these half-assed revisions

you’ve got something we’ve always wanted

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