Category: US Constitution Under Threat

Wednesday Wake Up Call – June 29, 2022

The Daily Escape:

Asheville morning, June 28, 2022 – iPhone photo by Wrongo. The log house we’re renting this week is at 4,000’ above sea level.

Wake up calls by the Wrongologist rarely happen on Wednesdays, but since the Roberts Court dismantled the line between church and state in public education with Justice Gorsuch’s decision in Kennedy v Bremerton School District, on Monday, it seems right.

Voting 6-3, the Court declared that an Oregon public high school football coach’s post-game prayer sessions with students were Constitutional, whether the students wanted them or not. That made Monday part of a pretty good run for American theocracy:

“The decision came less than a week after the court ruled, by the same vote, that Maine could not exclude religious schools from a state tuition program.”

The line between church and state is being erased before our eyes. Gorsuch, cherry-picking the facts of the case, wrote that football coach Kennedy had sought only to offer a brief, silent and solitary prayer:

“Respect for religious expressions is indispensable to life in a free and diverse republic — whether those expressions take place in a sanctuary or on a field, and whether they manifest through the spoken word or a bowed head…”

Justice Sotomayor responded that the public nature of his prayers and his stature as a leader and role model meant that students felt forced to participate, whatever their religion and whether they wanted to or not. She gave a different account of the facts, taking account of a longer time period:

“Kennedy consistently invited others to join his prayers and for years led student-athletes in prayer…”

In an unusual move, Sotomayor’s dissent included photographs showing Mr. Kennedy kneeling with players, which debunked Gorsuch’s selective use of facts.

Do you really think that this decision would have been the same if those prayers had been offered by a Muslim?

In the process of ruling for Mr. Kennedy, the majority overturned a major precedent on the First Amendment’s establishment clause, Lemon v. Kurtzman. That ruling was decided by an 8-0 vote under Republican Chief Justice Warren Burger. As an aside, John Dean (of Watergate fame) has said that during the Nixon administration, Burger threatened to resign from the Court if Nixon nominated a woman to it.

It came to be known as the Lemon test, which required courts to consider whether the challenged government practice had a secular purpose, whether its primary effect is to advance or inhibit religion, and whether it fosters excessive government entanglement with religion.

Sotomayor acknowledged that while the Lemon test had been frequently criticized by various members of the court:

“The court now goes much further…overruling Lemon entirely and in all contexts.”

So, by tossing out Lemon and saying that Coach Kennedy was not speaking for the school because it was an extra-curricular activity, the barrier between prayer and secular school has been permanently breached.

In today’s America, outside money will fund your culture wars grievance in the courts. The longer you can keep your case moving up through the courts, the better chance you have of running into a conservative Christian judge who will find a precedent for the White people’s Jesus in the Bill of Rights.

Teachers will now feel empowered to “invite” a group to pray with them. A few kids will jump in right away, while others will look around uncomfortably and gradually agree to join in, because the social opprobrium that comes with refusing is huge for kids. And since the person inviting you to pray is an authority figure: a teacher, coach, or principal, you really risk a lot by having them decide you aren’t:  A.Good.Christian.

When given the choice between upholding traditional case law or creating de novo judicial principles, the Roberts Court is almost always going to favor the latter.

Wrongo isn’t a lawyer, but many lawyers are now pointing to the extraordinarily shoddy nature of the Court’s majority opinions, including all three of the precedent-shattering ones the Court has issued over the last week.

It’s time to wake up America! Why is it so hard for Christians in the United States to just practice their religion without involving the rest of us?

We’re getting very close to the establishment of a default Christian American religion. We know that there are many public school teachers who have been silent despite their sincere religious beliefs while at school. Now they will be actively pressured by their pastors to begin proselytizing while on the clock.

To help you wake up, let’s travel to the 2022 Glastonbury music festival, which always creates great live music. On June 25, Olivia Rodrigo and Lily Allen dedicated the latter’s song “Fuck You” repurposed to express anger at five of the six Conservative members of the court.

Rodrigo named the Justices one by one, while Allen raised alternating middle fingers to them:

These artists aren’t afraid of controversy. Millions of us now feel exactly the same.

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Sunday Cartoon Blogging – June 26, 2022

(New columns will be light and variable for the next week, since Wrongo and Ms. Right are attending grandson Conor’s wedding in NC. Regular programming will resume on July 6.)

We’re not talking about the Supreme Court or the J6 news this morning. We’ll leave that for the cartoons below. Instead, let’s focus on an enlightening article from Curbed: “Hoboken Hasn’t Had a Traffic Death in Four Years. What’s It Doing Right?”:

“Hoboken feels downright roomy. Wander down the wide, busy sidewalks of Washington Street, the city’s main strip…and one thing becomes clear….A pedestrian doesn’t have to play the…perilous game of New York City crosswalk chicken, where you squint through the windows of a massive metal box to catch a glimpse of another speeding metal box whose driver doesn’t see you.”

More:

“Few drivers park next to crosswalks in Hoboken because they can’t. Those spots are blocked off with bike racks or planters or storm drains or extra sidewalk space for pedestrians or vertical plastic pylons that deter all but the boldest delivery-truck drivers. Stand at a corner, and you can see what is coming toward you, and drivers can see you too, and you don’t have to step out into the road and risk your life to do it.”

This concept is called Vision Zero, a strategy that municipalities across the US and abroad have adopted that seeks to alter traffic and engage pedestrians to lessen the severity of accidents. In total, Hoboken has had three traffic fatalities since 2015.

As Hoboken’s streets get safer, the rest of America is getting less safe. Traffic fatalities in NYC were up 44% percent in the first quarter of 2022. Hoboken has empowered it’s pedestrians and every corner makes it clear they have the right of way. Hoboken’s streak of zero fatalities could end at any time, and eventually will, but that’s no reason for other cities and towns not to enable similar change. On to cartoons.

Somebody should remind the Conservative ideologue Justices that America is a multi-belief country:

It’s on the ballot in November:

Clarence rewrites the 2nd Amendment:

Now concealed carry has multiple meanings:

The scales of justice get a Conservative makeover:

The J6 hearings have inspired criticism from Texas. The late Molly Ivins referred to Texas as the “national laboratory for bad government”:

Uvalde ,TX failures give new meaning to an old idea:

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Saturday (Un) Soother, Supreme Court Edition – June 25, 2022

The Daily Escape:

North River, Marshfield, MA – June 2022 photo by Laurie France

Roe overturned. Gun laws on the books since the Taft administration overturned. Miranda weakened. The separation of church and state required by the First Amendment, no longer Constitutional.

Remember when Republicans railed against “unelected, activist judges”? They always meant judges appointed by Democrats. Here’s a quote from the National Review:

“The Left views the judicial branch as no different from the executive or legislative branches. To them, judges are supposed to ‘take sides,’ making sure that some political interests win and others lose.”

Or, this from a Baptist minister in 2014:

“Unelected liberal activist judge delivers Michigan to Big Faggotry.”

As always, Conservatives were projecting their actual views as the views of their opposition.

Today, we do have unelected activist judges running America, and they are Conservatives. We’re living in an ahistorical time: There are six justices who are practicing Catholics. Chief Justice John Roberts and Justices Amy Coney Barrett, Clarence Thomas, Samuel Alito, Sonia Sotomayor, and Brett Kavanaugh.

Five routinely vote as a bloc. There have only been 15 Catholic justices (out of 115 justices total) in the history of the Supreme Court. Forty percent of all Catholic justices are now sitting on the Court.

The Conservative majority on the Court has walked away from Stare Decisis, the doctrine that courts will adhere to precedent when making their decisions. Stare decisis means “to stand by things decided” in Latin.

Here’s how stare decisis has evaporated: On Thursday, the Court said that the individual right to bear arms is an inviolable fundamental right, meaning states cannot infringe the right to carry a gun. Clarence Thomas held that a NY statute enacted during the Taft administration was not part of the American tradition of regulating firearms.

The right to an abortion, in place for 50 years, was overturned and sent back to the states because it’s just not as fundamental as the God-given right to have a gun which you can use to shoot up elementary schools.

The NY gun law dates from 1913. The right to abortion was decided in 1973. But the radical judges tout the notion that the former violated a fundamental right, while the latter isn’t even a thing.

Also on Thursday, the Conservative justices voted 6-3 to block lawsuits against police who neglect to read the Miranda warning, (“You have the right to remain silent”). It also includes language about Constitutional protections against self-incrimination. From Alito’s opinion:

“A violation of Miranda does not necessarily constitute a violation of the Constitution, and therefore such a violation does not constitute ‘the deprivation of [a] right…secured by the Constitution,'”

Miranda was decided in 1966, but Alito now says it’s a “prophylactic rule”, meaning that Miranda warnings aren’t required by the Constitution, but are instead judicially-crafted rules designed to protect people’s core Fifth Amendment right against compelled self-incrimination. His signal to prosecutors is clear: Miranda is suspect, and we’re willing to entertain arguments that we should do away with it for good.

So the Conservative wing has knocked off three “settled law” items in one week, despite each – John Roberts, Clarence Thomas, Gorsuch, and Kavanaugh – all saying under oath some version of what Roberts said during his confirmation hearing:

“…[Roe] is settled as a precedent of the Court, entitled to respect under principles of stare decisis. It is settled.”

You should know that Alito and Barrett didn’t lie quite so egregiously about Roe during their hearings, although with hindsight, both were disingenuous. Obviously, a judge who lies under oath should be removed from office, but that won’t happen since “everyone” knew they were lying.

These Conservative unelected activist judges are placing ideology above precedent.

That elections have consequences was the key takeaway from the 2016 presidential election won by Trump. Democrats didn’t turn out for Hillary Clinton as much as they had turned out for Obama or that would turn out for Biden. Trump won because he got 78,000 more votes than Clinton in just three counties in Wisconsin, Pennsylvania, and Michigan, and thus got to appoint three reactionary justices.

Reactionary justices will issue reactionary rulings. And there are many more to come.

But it’s time to forget (if you can) about the Supreme Court gutting legal precedent for ideology. It’s time for your Saturday Soother.

Our long-term lawn guy has decided to close his business. It’s a combination of higher costs that couldn’t be passed along to customers and getting too old for outdoor physical labor. So we’re scrambling at the height of the season.

It will be a warm weekend in the Northeast, so grab a seat outdoors in a shady spot, put on your wireless headphones and listen to “As steals the morn” composed by Handel in 1740. “As Steals the Morn” is adapted from Shakespeare’s “The Tempest”. Amanda Forsythe and Thomas Cooley are the soloists, and their voices are beautiful:

Lyric:

As steals the morn upon the night,
And melts the shades away:
So Truth does Fancy’s charm dissolve,
And rising Reason puts to flight
The fumes that did the mind involve,
Restoring intellectual day.

 

Intellectual day is gone, my friends.

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Normalizing Violence Will End Democracy

The Daily Escape:

Bodie Island Lighthouse, Nags Head, NC – June 2022 photo by Jordan Hill Photography

America’s in a dark period, and it’s becoming increasingly difficult to see how we can come out of it.

Writing in Foreign Affairs, Steven Levitsky and Lucan Way say:

“The Republican Party…has radicalized into an extremist, antidemocratic force that imperils the US constitutional order. The United States isn’t headed toward Russian – or Hungarian-style autocracy…but something else: a period of protracted regime instability, marked by repeated constitutional crises, heightened political violence, and possibly, periods of authoritarian rule.”

They say we’re heading into a period of protracted instability. They aren’t saying we face a civil war. It’s more subtle: a future of intermittent armed conflict, something like “The Troubles” in Ireland.

You’ve probably seen the campaign ad by Missouri Republican Senate candidate Eric Greitens, where he struts into a home after some camo-clad associates have broken in, saying their purpose is “RINO hunting”. After the team busts into the house, Greitens walks in through a cloud of smoke and says:

“Join the MAGA crew. Get a RINO hunting permit. There’s no bagging limit, no tagging limit, and it doesn’t expire until we save our country.”

Hunting down one’s political enemies with guns hasn’t been the American way, but it sure is becoming so now. It’s only a matter of time before racial, sexuality and politically-based violence occurs at scale in America. The Brennan Center found that 17% of America’s local election officials have been threatened during the 2020 election cycle. There’s a growing domestic terror threat to civil servants.

But it was only two weeks ago that Republicans found it easy to have moral clarity when authorities arrested a man and charged him with the attempted murder of Supreme Court Justice Brett Kavanaugh. The suspect turned himself in before anything happened. However, Republicans were outraged and questioned why Biden and other Democrats did not condemn what happened.

Candidates say outrageous things all the time in the heat of the moment and lately, hitting below the belt is often rewarded. But that is a far cry from a call to hunt down your political enemies in order to “save the country.”

The GOP is normalizing violence, and it became clear after the Republican response to J6. From Robert Hubbell:

“The Republican National Committee described the events of January 6th as ‘legitimate political discourse.’ Georgia Rep. Andrew Clyde said that video of the attack on the Capitol looked like ‘a normal tourist visit.’ Mike Pence, whom rioters wanted to hang, said on Monday that Democrats were using the January 6th hearings ‘to distract attention.’”

Republicans try pretending that they have no idea what’s happening (“I haven’t seen the ad, so I cannot comment”). But the right thing is to take the risk that someone will yell at them on Facebook and Twitter and condemn it by saying loud and clear, “This isn’t the way for a candidate to conduct himself.”

Unless Republicans change their act, the normalization of violence will move toward its logical conclusion — election officials and politicians will be wounded or killed by someone who believes that violence is a legitimate political tool.

GOP candidates are posting ads about killing us in our homes. The Texas state GOP party wrote a campaign platform calling for the repeal the Voting Rights Act of 1965, and seceding from the US, while saying that gay people should get back in the closet. They passed a resolution declaring that Biden’s election was illegitimate.

This is the platform of the governing party of the nation’s second largest state, and no non-Texas Republican has complained.

Pundits keep saying that Democrats have no chance in the 2022 mid-terms because of Biden’s low approval ratings. Wrongo has repeatedly said that there are “persuadable” voters who can be reached before the Fall. Proof of that is in the 6-point increase in public support for indicting Trump since the start of the J6 hearings.

If pundits argue that Biden’s unpopularity will affect the 2022 races despite Biden’s absence from the ballot, they must also agree that other issues not on the ballot— the J6 conspiracy, the Supreme Court abortion decision, Texas secession, and yes inflation, will also affect the 2022 races.

The 2022 election (not the 2024) will determine our future. Will people vote this Fall based on the price of gas? Or the threat of a recession? Or, will they understand that there’s a real possibility that democracy as we know it in the US could vanish?

Democracy is what’s on the ballot in 2022. Inflation comes and goes. Recessions come and go. If we lose our democracy, it won’t be returning any time soon.

Americans understand democracy. They’ve fought and died for it. Dems can make voters see that democracy is on the ballot this year, while inflation and other issues sadly need to take a back seat.

Let’s not make the mistake of selling Americans short. Democracy is more important than our pocketbooks. People will vote for democracy.

The slogan should be “Vote Democratic And Save Democracy”.

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Thoughts On The Select Committee Hearings

The Daily Escape:

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

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

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

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

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

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

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

Two thoughts:

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

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

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

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

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

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

From Martin Longman:

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

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

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

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

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

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

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

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Monday Wake Up Call – June 13, 2022

The Daily Escape:

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

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

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

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

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

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

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

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

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

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

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

Sound familiar?

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

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

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

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

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

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

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

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

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

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

Bono told the BBC:

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

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Some Factors Affecting The Mid-Terms

The Daily Escape:

Before dawn, Kennebunkport, ME – June 2022 photo by Eric Storm Photo.

Even though the first public hearing about the Jan. 6 attempted coup happened last night, Wrongo doesn’t intend to write about them for a few days. The hot takes are all over the media, and it’s doubtful that we will know much about how the public is reacting for a few weeks. Once again Wrongo cautions that the media will cover this like a political contest when it isn’t. It really is about the health of our democracy.

And did you realize that only 21% of Americans over 18 read a newspaper every day? Cheryl Russell of Demo Memo has statistics from the General Social Survey showing how precipitously newspaper readership has fallen. She says that in 1972, 69% of the American public read a newspaper every day:

“Now, the share of adults who never read a newspaper (40%) is far greater than the share who read a newspaper daily. Fully 57% of the public reads a newspaper less than once a week…”

This also has implications for how broadly the findings of the Jan. 6 committee will be shared. As does the fact that FOX won’t be airing the hearings and plans to counter-program with GOP members of the House and Senate presenting real-time disinformation as the facts are aired.

Speaking of not knowing the facts,  YouGov reports on an economic survey showing that seven out of 10 Republicans think we’re currently in a recession. More than half of all independents and 43% of Democrats also think the same. They sampled about 1,500 US adults online between May 28 – 31, 2022, with a margin of error of ± 3%. Here are the results:

How can we be in a recession when our unemployment rate is at 3.6%? When wages are up 5.6% over the past year, and consumers still are spending money like crazy?

People may believe we’re in a recession, but the US economy added 1.2 million jobs in the past three months. Yes, inflation is the highest it’s been in 40 years, but higher gas and food prices don’t mean we’re in the midst of an economic slowdown. Maybe the survey was poorly worded, or maybe, since people really never read in depth about what’s really going on in America, they never learn what’s really happening. This will be very damaging to the Democrats’ mid-term chances.

Next, you may have heard that there was a “political earthquake” in the California primaries, that Dems did poorly because of the “crime” issue, and that will hurt Democrats all across the nation.

A recalled San Francisco District Attorney didn’t cause an earthquake, and neither did a Republican-turned-Democrat’s advancing in the LA Mayor race. Former Republican and billionaire Rick Caruso spent $40 million on his mayoral primary! His opponent, Karen Bass, spent $3 million on her campaign. He won the primary by 3 points, although she is the likely winner in November.

What WAS an earthquake was the anemic voter turnout. Only about 19% of California’s registered voters actually voted.

There was no sign of an anti-Democratic wave in CA. Candidates from both parties that were expected to make the general election did so. Probably the weakest performances by incumbents were posted by Republicans David Valadao and Young Kim, who struggled to defeat challengers running to their right. In particular, Valadao, who voted to impeach Trump, appears to have advanced to the general election.

And in CA-41, moderate Democrat Will Rollins advanced to the November election against Republican incumbent Ken Calvert, who voted to overturn the 2020 election results. Rollins has a decent chance to win in November in what is a 50-50 district.

Finally, Larry Sabato reports on the redistricting landscape now that most state redistricting is complete:

  • The total number of competitive districts has declined from 84 to 75.
  • The number of super-safe Republican districts (those where Biden won 40% or less) increased from 112 to 131.
  • The number of super-safe Democratic seats, 127, while similar to the Republican total, is down slightly.
  • There are 211 seats where Biden received 49% of the vote or less, and 202 seats where he won 53% or more.

Sabato’s Crystal Ball rates Republicans having 214 seats as safe, likely, or leaning Republican. That means that if they hold those seats, they are just four additional seats from controlling the House. They rate the Democrats as having 193 seats as safe, likely, or leaning Democratic.

That means if both Parties hold serve, there are just 28 seats in play in the 2022 mid-terms. For the Democrats to retain control of the House would require them to win 25 of those 28 seats.

If the Dems want to retain control of the House, what message should they be telling voters who: a) Don’t read newspapers; b) Think the economy is crashing; and c) Fail to turn out in Democratic and Independent-leaning Congressional Districts?

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How Democrats Should Message The Midterms

The Daily Escape:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Free Speech Is About To Get Tested

The Daily Escape:

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

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

From Dan Pfeiffer:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

You shouldn’t be optimistic about the outcome.

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Thoughts on Alito’s Draft Opinion

Daily Escape:

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

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

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

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

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

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

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

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

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

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

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

Source: Stastia

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

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

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

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

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

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

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

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

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