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The Wrongologist

Geopolitics, Power and Political Economy

The Supreme Court Goes Back to Work

The Daily Escape:

Pyramids viewed from Cairo Street, Egypt – photo by Hossam Abbas

The Supreme Court’s new term begins next Monday, and much of America’s culture wars will move in front of the bench for adjudication. Some of the issues being litigated include abortion, gay rights and gun control. It’s no secret that conservatives control the court, and its liberal wing is in retreat. This could be a momentous year in shaping the country’s socio-cultural future.

On Monday, October 7th, the justices will hear arguments in the case Kahler v. Kansas, regarding whether the 8th and 14th Amendments allow a state to abolish the insanity defense. Four states, Kansas, Utah, Idaho and Montana have abolished the insanity defense. It shouldn’t be a surprise that Kansas says yes, and so does the Trump administration.

Also on Monday, they will hear Ramos v. Louisiana, regarding whether the 6th Amendment guarantee of a unanimous jury verdict to convict someone applies to the states. Currently, Louisiana and Oregon permit non-unanimous juries.

On Tuesday, the court hears a case concerning whether gay and transgender people are protected by federal civil rights laws that bar employment discrimination. Three workplace discrimination cases will be heard. Two of the three cases ask whether “because of sex” in Title VII of the Civil Rights Act of 1964 prevents an employer from disadvantaging employees on the basis of their gender identity or sexual orientation. Fewer than half the states have laws against firing workers because they are gay or transgender. Now the Supremes will decide if the federal civil-rights laws protect the 8.1 million LGBT workers in America.

It may not surprise you that the Trump administration says Title VII doesn’t apply to gay and transgender workers, contrary to the view of the Equal Employment Opportunity Commission.

On November 12th, they will visit Trump’s effort to end DACA, the Obama program that protects mostly Hispanic young adults from deportation. The case is Department of Homeland Security v. Regents, University of California, where three cases were consolidated for argument in which lower courts decided that the Trump action violated the federal Administrative Procedures Act.

Also scheduled for Nov. 12 is a case in which a US border patrol officer shot and killed an unarmed Mexican teenager who was not on US soil, but hiding in a culvert between the US and Mexico. The question is whether federal courts can award damages to the family for the agent’s actions.

On December 2nd, they are scheduled to hear a major gun rights case. The case is NY State Rifle and Pistol Assn. v. City of New York. The challenge is to the city’s ban on the transport of licensed and unloaded guns outside the city limits. But the city amended the law, and is arguing that the case is now moot, since it has given the challengers what they sought. The case may be dismissed.

Among possible cases that have not yet been scheduled are two appeals regarding Republican-backed abortion restrictions enacted in Louisiana and Indiana. If the court were to take either or both of those cases, it would raise the possibility of a ruling that further curbs abortion rights.

The Louisiana case concerns a challenge by an abortion clinic to state requirements that doctors who perform the procedure must have “admitting privileges” with local hospitals. It is similar to a Texas law that the Supreme Court struck down in 2016, when Justice Anthony Kennedy sided with the court’s liberals. But last year, Kennedy retired and was replaced by Bret Kavanaugh.

It would be extraordinary if they take up this case and then overrule a precedent set just three years ago. The only thing that’s different is the composition of the court.

Looking further ahead, we may see contentious arguments on the limitations of presidential power. Likely subjects include the president’s push for the power to remove the director of the Consumer Financial Protection Bureau; executive privilege in battles over Trump’s tax returns; and use of a national emergency designation to use money appropriated elsewhere to fund the border wall.

And finally, there’s impeachment. In April, Trump tweeted that if “the partisan Dems ever tried to impeach”, he would “first head to the US Supreme Court”. There is little doubt that the Supremes would move quickly to hear such a case.

It wouldn’t be smart for Trump to expect them to come to his rescue during impending impeachment proceedings. In 1993 Chief Justice William Rehnquist wrote for a unanimous court that impeachment authority “is reposed” in Congress, “and nowhere else”.

Then, if the House of Representatives actually impeached Trump, Chief Justice John Roberts will find himself playing a constitutionally required role: presiding over the president’s removal trial in the Senate.

All in, a pivotal term for the Supremes and for America.

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Partisan Gerrymandering Overturned in North Carolina

Daily Escape:

Colchuk Lake in the Enchantments, part of the Cascade Mountains, WA – August 2019 photo by atgctgtt

This summer, the Supreme Court decided 5-4 in the case Rucho v. Common Cause that federal courts could not invalidate maps based on partisan gerrymandering, although states might still do so.

At the time, Wrongo snarked about the decision:

“Wrongo’s shorter John Roberts: The federal government can’t do anything about your state stripping you of representation. You have to go back to the people who stripped you of representation and ask them.”

Despite Wrongo’s skepticism, on Tuesday, the North Carolina (NC) state Supreme Court put an end to eight years of Republican partisan gerrymandering when it ruled against NC Republicans who had installed it in 2011. From the Daily Kos (DK):

“On Tuesday, a three-judge panel delivered a major blow against Republican gerrymandering when it struck down North Carolina’s state Senate and state House districts for violating the rights of Democratic voters.”

More:

“The state court ruled that these maps, designed to entrench Republican rule, ran afoul of the state constitution’s guarantee of free and fair elections. These illegal districts were so extreme that they helped Republicans to maintain their legislative majorities in 2018’s elections even though Democratic candidates won more votes statewide. If fairer districts are implemented for 2020, they could put Democrats in striking distance of a majority in one or both chambers.”

NC’s current state-district maps had to be redrawn again in 2017, after the US Supreme Court affirmed a lower court’s ruling that they constituted an unconstitutional racial gerrymander.

Now, NC’s voters will be voting in new state election districts for the third time since 2011.

This decision is similar to one in PA in 2018, where a state court ruled that PA’s congressional map was unconstitutionally gerrymandered. It also relied on the PA state constitution, so its decision was not reviewable by the US Supreme Court.

When SCOTUS decided not to rule on the constitutionality of partisan gerrymandering, it said quite clearly that state courts could rule on the question based on the individual state constitutions. NC now joins PA as states in which this strategy has succeeded.

The NC and PA decisions are reminders that we can challenge bad laws under state constitutions. States are free to recognize more rights than those enumerated in the US Constitution, they just can’t recognize fewer rights. This is the sort of “federalism” that conservatives hope you never learn about.

More from DK:

“While this case only concerns the maps in one state, every state constitution has provisions similar to North Carolina’s that could be used to challenge partisan gerrymanders so long as there’s a receptive and fair-minded state Supreme Court majority to hear such a case. This ruling therefore underscores the importance of Supreme Court elections in key swing states next year, including Michigan, Ohio, and Wisconsin. Progressive victories in these races would go a long way toward blocking the GOP’s lopsided control over redistricting as we head into the next round of redistricting following the 2020 census.”

The NC court decision was 345 pages long. The opinion really makes it clear how there’s just no possible defense for what the GOP was doing in NC. In addition, the opinion might as well have had “John Roberts is an embarrassing hack” stamped on every page.

This doesn’t mean that Democrats can relax between here and 2020. Michigan, North Carolina, Ohio, Texas, and Wisconsin are states where 2020 state Supreme Court elections could either give Democrats a majority, or set them up to gain one in subsequent elections. That will be crucial in the next decade, since the Census will also take place in 2020. There will be new voters to count, or to disenfranchise, depending on your Party’s ideology.

This war must be won in the trenches, not by the national candidates.  Wisconsin gave us a bad example in April. Although Democrats in Wisconsin won the popular vote in 2018, they didn’t work hard enough to get their state Supreme Court nominee over the finish line in 2019, despite having a progressive plurality.

Democrats have to realize that they won’t win if they think only certain elections are important enough to get out and vote.

These battles are local, not national, and now that the US Supreme Court will be sitting on its hands for a decade or more, these are fights we must win.

Democrats can’t afford not to contest local judicial elections.

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Saturday Soother – August 24, 2019

The Daily Escape:

Ground Swell – 1939 painting by Edward Hopper

In news you most assuredly haven’t seen, the 10th District US Circuit Court of Appeals in Denver ruled that “Faithless Electors”, people who do not cast their votes in the Electoral College for the winner of their state’s presidential election, are now free to vote for anyone they want.

This Colorado case came about because in 2016, one elector refused to vote for the state’s winner, Hillary Clinton, and instead, voted for John Kasich. The Colorado Secretary of State ordered him to cast his vote for Clinton, or be replaced. He refused and was subsequently replaced with an elector who voted for Clinton.

The faithless elector sued, and the 10th Circuit decided in his favor, saying that the Constitution provides:

“…Presidential electors the right to cast a vote for president and vice president with discretion. And the state does not possess countervailing authority to remove an elector and to cancel his vote in response to the exercise of that Constitutional right.”

The court traced the history of faithless electors back to 1796, when Samuel Miles voted for Thomas Jefferson instead of John Adams. Congress counted his vote. In the 2016 election, there were 13 anomalous votes from three states, and Congress also counted those votes.

This decision could have major ramifications for future presidential elections. The attorney for the faithless elector, Jason Wesoky, said the Court’s ruling essentially makes the laws requiring electors to vote for the state’s winner unenforceable. That impacts 16 states today.

It is even more significant, since a growing number of states are rethinking their Electoral College systems in response to the 2016 election. The 16 states that have passed laws that award all of their electoral votes to the winner of the national popular vote, currently equal 196 electoral votes.

If states representing another 74 electoral votes pass it, the so-called National Popular Vote bill will control the majority of votes in the Electoral College. The bill has passed at least one chamber in 8 additional states with 75 additional electoral votes.

This Appeals Court’s decision means that yet another crucial issue to  the future of our democracy will be in the hands of the Supreme Court, once the appeal gets to them.

Enough of news you won’t ever use, it’s time for your Saturday Soother!

Start by brewing up a mug of Honduras Marcala coffee ($19/12oz.) from Santa Barbara’s Handlebar Coffee Roasters. The founders are professional cyclists who met while riding in the Amgen Tour of California, America’s best bike race.

Now, settle back and listen to something very different, a guitar band from Mali called Tinariwen. They are Tuareg musicians from northern Mali. They play rolling melodic lines and loping rhythms that evoke the desert sands of the Sahara. The band’s name literally means “deserts” in their language, Tamasheq. Here they are playing “Kel Tinawen” from their upcoming album “Amadjar”, available on September 6th:

The video is of a road trip along Africa’s Atlantic coast as the band and crew cross the Western Sahara. They will be touring the US in September. For an early date in Winston-Salem, NC, some locals on social media are leveling violent, racist attacks against the musicians. Welcome to America!

Here is a translation of the lyrics:

Evil tongues – you can keep talking.

The uprising will be impossible to suppress.

The treachery of your evil words has sold out your brothers for your own interests.

You’ve locked them up in a prison, every last one of them.

You fine talkers, tell us what road you plan to take to avoid us if we remain rooted.

You’ve forgotten the suffering of our parents,

The suffering they have experienced since birth,

Unable to find water, unless they dig wells with their own hands.

Those who read the Wrongologist in email can view the video here.

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Monday Wake Up Call – August 5, 2019

The Daily Escape:

Crater Lake NP viewed from Watchman Lookout Station, Oregon – 2016 photo by atheleticamps

Wake Up America! With El Paso TX, Dayton OH, and Gilroy CA last week, we’re starting to see what Red Hat Hatred means in the US. We’ll soon hear that these are more lone wolves who snapped, and that’s why we need to spend more on mental health, and to keep guns away from those sickies who really just need meds and counseling.

But, “lone wolves” should not be acting in lockstep with the Trump regime. Zealots and militants do that. In real life, wolves hunt in packs, so the term “lone wolf” makes no sense whatsoever.

From sociologist Kieran Healy: (emphasis by Wrongo)

“It’s traditional to say that there are ‘no easy answers’, but this is not really true. Everywhere groups face the problem of holding themselves together. Every society has its enormous complex of institutions and weight of rituals that, through the sheer force of mutual expectation and daily habit, bring that society to life. But not every society has successfully institutionalized the mass shooting. Only one place that has done that, deliberately and effectively. The United States has chosen, and continues to choose, to enact ritual compliance to an ideal of freedom in a way that results in a steady flow of blood sacrifice. This ritual of childhood is not a betrayal of “who we are” as a country. It is what America has made of itself, how it worships itself, and how it makes itself real.”

This is the society we’ve become. Will Republicans do anything? Of course not. Shooting at St. Ronnie didn’t get them to act. Shooting at Steve Scalise and other Congress persons didn’t help. The common factor is no modern-day Republican politician (since Lincoln and Garfield) have actually been killed. So, unless targeting Republicans becomes the norm, they’ll never budge.

OTOH, look at this billboard about the Squad! Have at it, boys! More guns! The fact that American voters countenance this double standard is beyond disgusting. At this point, the right wing’s reaction to this endless carnival of mass murder by angry white dudes comes in a few cascading flavors:

  • The ‘thoughts and prayers reaction, which is the shortest and slipperiest response, but if pressed, they’ll offer up: That’s just the cost of freedom.
  • Or, that mass shooting deaths are less than 1% of gun deaths, let alone actual murders, in the US, so what ya gonna do? They say that the vast majority of people killed by guns in the US are shot one or two at a time, not in large groups.

But, that’s not something any reasonable person should consider a winning argument. And as for Trump, there’s really nothing for him to say. He can’t play the role of healing the nation that we have normally expected from our leaders, because he bears real responsibility for the violence.

The Second Amendment has failed America, says Joel Mathis of The Week:

“The Second Amendment of the US Constitution is a failure because the right to bear arms — the right it so famously defends — is supposed to protect Americans from violence. Instead, it endangers them…. Data shows that people who own guns legally are more likely to kill themselves than they are to kill an intruder. People who own guns legally are more likely to kill a family member — on purpose or accidentally — than they are to kill an assailant. And people who own guns legally don’t actually use those weapons in self-defense all that often.”

Mathis goes on to say that: (emphasis by Wrongo)

“On balance, guns do more harm in America than good. The damages are easily measured, while the benefits are mostly theoretical and rare. This means the Second Amendment, as currently observed, doesn’t actually work under the terms of its own logic.”

Wake up! Americans should be able to gather at places like churches, schools, shopping malls, and concerts without fear that they’ve made themselves easy targets for the latest angry man possessing the tools to kill dozens of people within a few minutes.

To help you reflect on the Second Amendment, here is CPE Bach’s Cello Concerto in A Major, Largo movement, with Tanya Tomkins on a 1798 baroque cello. She’s playing along with San Francisco’s Voices of Music. This is a very somber piece, seemingly perfect for reflecting on mass shootings:

Those who read the Wrongologist in email can view the video here.

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Sunday Cartoon Blogging – June 30, 2019

While most of the media was blathering about the Democratic debate dog-and-pony-shows, the story of the week was the Gerrymandering decision that the Supreme Court announced on Thursday. Its decision in Rucho v. Common Cause says that the federal courts have no business policing partisan gerrymanders. That issue is for states to handle.

Chief Justice John Roberts:

“Our conclusion does not condone excessive partisan gerrymandering. Nor does our conclusion condemn complaints about districting to echo into a void….The States, for example, are actively addressing the issue on a number of fronts.”

The Conservative justices are saying that citizens have no recourse to the federal courts to solve what has become a major weakness in our democracy.

Roberts is now three-for-three, with Citizens United opening the floodgates to unlimited corporate money funding candidates. Then, with Shelby County vs. Holder, he eviscerated part of the Fourteenth Amendment and defanged the Voting Rights Act. And now, in Rucho v. Common Cause, he delegates to state legislative majorities that were enabled by the first two rulings, the ability to perpetualize (? probably not a word) their party’s time in office by drawing unrepresentative district maps with no recourse to judicial appeal.

Justice Elena Kagan dissented:

“For the first time ever, this Court refuses to remedy a constitutional violation because it thinks the task beyond judicial capabilities. And not just any constitutional violation. The partisan gerrymanders in these cases deprived citizens of the most fundamental of their constitutional rights….Of all times to abandon the Court’s duty to declare the law, this was not the one. The practices challenged in these cases imperil our system of government. Part of the Court’s role in that system is to defend its foundations. None is more important than free and fair elections….”

Wrongo’s shorter John Roberts:

“The federal government can’t do anything about your state stripping you of representation. You have to go back to the people who stripped you of representation and ask them.”

This has enabled a charade of a democracy to replace the one that we thought we had. Chief Justice Roberts’s legacy will be the death of democracy. All of today’s cartoons will concern gerrymandering.

The domestic violence will continue:

The Roberts decision simplified:

Elections have consequences:

 

Supremes sit idly by while America burns:

 

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Monday Wake Up Call – MLK Jr. Edition, January 21, 2019

The Daily Escape:

El Capitan in winter, Yosemite NP, CA – photo by Jonkooo

From Tom Sullivan:

Those of us of a certain age, but not quite old enough, were too young to attend the 1963 March on Washington. The march and Rev. Martin Luther King’s “I Have A Dream” speech influenced our era, our views, and changed the country. There are times one wishes, if only I could have been there for that moment in history. Then again, such thinking fixes the civil rights movement in time. The truth is, that struggle never ended.

Wrongo was in Washington in 1963. Dr. King is one of his heroes. And, as Tom Sullivan says, the struggle has never ended. Wrongo spent the 1960s and 1970s convinced that America would turn a corner, see the wrong in slavery, and know that racism was holding us back.

He thought that we would achieve a point of equilibrium where Americans of all stripes would accept each other as part of a larger tribe, one that shared common beliefs about democracy and equality for all.

Wrongo was wrong. We’re not there. We’ve made some progress, but then we fell back on old beliefs.

Today we are 51 years removed from Dr. King’s assassination, and while America is better and fairer than it was then, we will enter the 2020’s needing to do much to improve society.

This brings me to MLK’s last book, Where Do We Go from Here: Chaos or Community?” published the year before he died. In it, King lays out a vision for America’s future, including the need for both better jobs and housing, higher pay and quality education. King called for an end to global suffering, saying that for the first time, humankind had the resources and technology to eradicate poverty.

He wrote about how Civil Rights reforms had fallen short, but he couldn’t have envisioned what the Supreme Court did in gutting the Voting Rights Act of 1965 with its 2013 decision in Shelby County vs. Holder.

So here we are in 2019 with white kids mocking Native Americans at the Lincoln Memorial, chanting “Build that wall, build that wall.” This happened days after Trump made light of the 1890 massacre at Wounded Knee to mock Sen. Elizabeth Warren.

And for context, we live in a time when chanting the president’s name has become a tool of racial intimidation.

Here we are: Income inequality is the highest it’s been since the 1940s.Our federal government is shut down because we can’t agree about the threat posed by illegal immigrants asking for asylum at the US southern border. And racism is marching back into the light from under rocks all across the country.

Time to wake up America! Racism is the wound that won’t heal. We have much to do, and the work won’t be easy.

To help you wake up here is a 2019 song by The Killers, “Land of the Free”. It is broadly about America and the intolerance holding us back. Listen to it, and reflect on what it makes you feel. Depending on what about it makes you angry, it is a reflection of who you are. The video is very powerful. Please take the time to watch it.

Think about what’s at the heart of this song. People who want the same things we do:

Those who read the Wrongologist in email can view the video here.

Finally, a quote from James Baldwin’s The Fire Next Time:

“White men have had to believe for many years, and for innumerable reasons, that black men are inferior to white men. Many of them, indeed, know better, but, as you will discover, people find it very difficult to act on what they know.”

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Monday Wake Up Call – Veterans Day 2018

The Daily Escape:

“Sands of Remembrance” sand sculpture, Normandy, FR – done for D-Day, 2004

Wrongo still thinks of Veterans Day as Armistice Day, probably because he’s old enough to remember when we celebrated it as the ending of WWI. Now, Veterans Day pays tribute to all American veterans—living or dead—but especially gives thanks to living veterans. President Eisenhower officially changed the name of the holiday from Armistice Day to Veterans Day in 1954.

Let’s focus today on the closing hours of WWI, and then add a few thoughts about Vietnam.

First, WWI: In the eleven hours of that final November day, the different countries of the Allies were still launching attacks even though they knew that the cease-fire was set for 11 am. In fact, the French commander, Marshall Foch, refused to agree to a cease-fire. The American generals also wanted to make a point with the Germans, and that day, about 3,000 Americans were killed and wounded.

There was a Congressional Hearing after the War about the 3,000 Americans casualties, but they never published the results, because it would have made the American Generals look bad.

In the many centuries of European history up to 1945, an army crossed the Rhine on average once every 30 years. War was historically what the major nations of Europe did. In the 73 years since WWII, they’ve decided not to do that to each other, an astonishing and humbling fact.

On Saturday and Sunday, we saw the strong expressions of unity between France’s Macron and Germany’s Merkel, along with Merkel appearing on Sunday morning in London. These were mere symbols for peace, but it mattered very much for the world to see them, even if they are immaterial to the current US president:

On Vietnam: Few know that there are eight American women listed on the Wall. Each are nurses, who dedicated themselves to taking care of our wounded and dying. They were part of the more than 265,000 American women who served during the Vietnam era. Approximately 11,000 served in Southeast Asia. Close to 99% were nurses.

A small number of women served in civilian capacities, such as with the American Red Cross and the USO. More than 50 civilian American women died in Vietnam.  Others worked as physicians, air traffic controllers, intelligence officers, clerks and in other capacities.

It wasn’t until November, 1993 that the patriotic service of all women was honored in the nation’s capital at the dedication of the Vietnam Women’s Memorial.

Every holiday offers the opportunity to remind ourselves of who we want to be as a nation. The day after every holiday gives the opportunity to start down the path of doing something about that.

As Fabius Maximus says:

We ask our men and women in uniform to fight for us. The right or wrong of the conflicts – the responsibility for them – lies on us, the citizens at home who elect our leaders, not on those who carry out our orders. On this day we celebrate their service, without which the Republic would not have survived.

Since every “Support the Troops!” celebration inevitably becomes a “Support the War!” celebration, it’s curious how a celebration about the end of a war has gotten so twisted in America. There is no better way to support our active and veteran service members than to make sure we never commit to war, unless absolutely necessary.

So wake up America! Here’s what we have to do, starting today:

Stop under-funding care for veterans. Every month, we hear about active duty military and veterans suffering poor medical care, or having to wait years for the care they need. The military can always find funding for big-ticket weapons, but not for our veterans.

Here in America, we will say anything to support our troops, but we won’t fully fund the Veterans’ Administration. We won’t provide truly first-class aftercare to the wounded and maimed. And we won’t ensure that widowed spouses and children are cared for adequately.

Stop Congress from giving Presidents a blank check to conduct military operations that are not purely defensive in nature. Rewrite the AUMF. Put Congress back into its long-abandoned Constitutional role of approving wars that are recommended by the president.

With a Democratic majority in the House, these two things are possible.

Since its Monday, tell your Congresscritter to get busy on them right away.

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Vote for Democrats

The Daily Escape:

Autumn at Kaaterskill Falls, NY – October 2018 photo by mattmacphersonphoto

The agony will not end today, regardless of the outcome of the 2018 mid-term election. There are things about both the country and the Democratic Party that have to change. If the Party is to survive as a political force across America, it must be meaningfully different by 2020. We will talk much more about this in the next two years.

Today, whatever the results, the margins of victory will be very close in many places. With that in mind, if you’re even thinking about voting for a third party candidate, you need to think again.  A vote for a third party candidate is objectively, a vote that supports Trump and the Trumpistas.

Wrongo’s small CT town is a highly politicized place. Today the Republicans control all of the levers of government, although just a year ago, it was the Democrats pushing the levers. We’re in an off-year locally, but the governor’s race, and our seat in Congress are both in play. However, the biggest issue in the town relates to revising the town charter to add more oversight to the mayor’s and the town council’s spending authority by our town’s elected finance board.

To Wrongo, this is an overly politicized issue, and as a finance guy, he plans to vote with the Republicans on this highly specific local issue. He has in the past voted for a few local Republicans, but not this time.

This time, a vote for a Republican politician at any level is tacit support of Trump’s authoritarian tendencies, and for GOP voter suppression. Our local Republicans aren’t authoritarians, and at least some of them probably aren’t in favor of voter suppression.

But they knowingly and willingly associate themselves with a party that very definitely is all of these things, and we shouldn’t give any of them even the slightest level of support.

This time, NOT being Republican is the first bar you have to cross to get our votes. Yes, this is guilt by association, and it’s deserved, since they have come by it honestly.

Voting for Democrats is voting against Trump’s authoritarianism. You don’t have to like your local Democrat, or any Democrats for that matter. You just have to hate them less than you hate authoritarianism and voter suppression.

Vote against authoritarianism and voter suppression by voting for Democrats.

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Trump Plans to End Birthright Citizenship

The Daily Escape:

Hocking Hills lower falls, Ohio – October 2018 photo by mattmacphersonphoto

President Trump said he plans to sign an executive order that would remove the right to citizenship for babies of non-citizens and illegal immigrants born on US soil. This is called “Birthright Citizenship”.

Birthright Citizenship, the common law concept of jus soli, has been the law since the ratification of the 14th Amendment. The Republican concern is that too many illegal immigrants have a child in the US who is automatically an American citizen, and therefore, has the right to vote. The 14th Amendment’s  first sentence reads:

All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.

The debate pertains to the clause, “subject to the jurisdiction thereof”. Conservatives contend that it means only citizens, while the preponderance of Constitutional scholars say it means located in the US.

Trump first made a case for ending Birthright Citizenship in 2015. Back then, he was following Rep. Steve King (R-IA), who said that Hispanics try to get a foothold in the country by coming here and having a child. King called them “anchor babies”.

Trump and the GOP are focusing on a largely imaginary abuse of birthright by foreigners.

Steve Kantrowitz, a US historian of the 19th century, wrote a series of tweets, condensed here: (emphasis by Wrongo)

On birthright citizenship, read the debate in the US Senate, Jan. 30, 1866. The framers of the Civil Rights Act — the immediate precursor to the 14th Amendment, and the first place national citizenship was codified — knew exactly what they were doing. They were clarifying the well-understood principle that children born in the US were citizens regardless of the immigration status of their parents. They even understood this to be true for children whose parents would then have been racially ineligible for citizenship, such as the Chinese. The only people excluded from citizenship on this basis were 1) Indians under tribal government and 2) children born to the families of foreign diplomats.

A new Executive Order on Birthright Citizenship would spark a legal battle, and pave the way for a showdown at the Supreme Court. To help get that party started, The Hill reported that Sen. Lindsay Graham (R-SC) intends to “introduce legislation among the same lines as the proposed executive order.”

Consider the irony: The Republican Party accomplished something hugely enlightened and important with the 14th Amendment. Here is American Civil War historian Eric Foner:

The 14th amendment and birthright citizenship rank among the great and defining accomplishments of the Republican Party, back when it was the Party of Lincoln.

Yet Trump Republicans propose purging their historic accomplishment from the Constitution. The problem with eliminating Birthright Citizenship is that their idea is at its core, explicitly nativist, racist, and xenophobic.

The current Republican Party is showing that it is no longer related to the Republican Party of Lincoln. In fact, it is barely related to the Republican Party of Eisenhower. The only piece of common ground the current Republican Party has with the Party of Lincoln is its name.

It will take time to move Trump’s Executive Order to a hearing at the Supreme Court. So, announcing this now is really another attempt to energize the Republican base next week.

Republicans are playing to an idea deep in the American psyche that there’s always “a mob at the gates”. The mob wants in, so that they can take advantage of the good things we have, or they plan to lay waste to our culture and way of life. Therefore, we must be vigilant, because our innocence and openness makes us vulnerable to exploitation or infection from outside.

This is what makes the Caravan a huge issue to Republicans. They’re calling it “an invasion” or, “a national emergency”.

The Right Wing’s argument is that we shouldn’t “reward” people who come into the country illegally by “giving” their kids born here citizenship.

They answer the fact that we all came here from over there, by saying “they followed the rules“, even though for most of us, our ancestors faced few, or no rules on immigration.

This is the problem Wrongo has with the GOP. They begin the argument from their conclusion, and work backwards. Any fig leaf will do. So any argument in favor of the conclusion is all they require.

Voters. Please do not take this bait. Let’s keep our eye on the ball: Re-winning at least the House on Nov 6th. This other fight can wait until after the election.

There are two great things about the US: Strong free speech laws, and jus soli. The idea of blood citizenship—which pervades Europe, and the Middle East, is the root of much evil in the world.

Don’t bring that evil here, VOTE on next Tuesday.

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Saturday Soother – October, 13, 2018 — Voting Rights Edition

The Daily Escape:

St. Basil’s, Red Square, Moscow, RU. It was built in 1561. – 2018 photo by Wrongo

Welcome to Saturday! Forget about Kanye hugging the Orange Overlord, we have bigger fish to fry.

Yesterday, we talked about how state legislatures with help from the courts, have been disenfranchising minorities. This is likely to reduce turnout in the 2018 mid-terms, as studies have shown in the past, and despite encouraging polls, if someone can’t vote, nobody can be sure who will win in the mid-terms.

So today, we take a closer look at how some states have systematically worked to close polling places after the Supreme Court’s Shelby County vs. Holder decision that stopped federal oversight of election practices in states with a history of Jim Crow practices.

Prior to the Shelby decision, Section 5 of the Voting Rights Act of 1965 (VRA) provided a process to ensure that jurisdictions known to engage in voter discrimination weren’t using budget cuts or voter modernization as arguments to disenfranchise people of color. Under Section 5, jurisdictions had to demonstrate that saving money by making changes to polling places did not disenfranchise voters of color. Now Section 5 is no longer useful for the protection for minority voters.

One reason is that Shelby triggered a fundamental shift in who was responsible for protecting minority voters, from the federal authorities, to the individuals who believed they were wronged. The cost and burden of proof that local election laws are discriminatory, is now borne by those least able to afford it.

This map makes it clear that the states formerly covered by the VRA are engaging in precisely the kind voter suppression that would have been impossible before the Supreme Court’s Shelby decision:

Source

Fewer polling places leads to longer lines, which will dissuade some people from voting, the Bipartisan Policy Center, a Washington, DC think tank found. This means election officials can affect the outcome of an election by manipulating the number and location of polling places.

And these efforts do not only happen in the Deep South. This year, Indiana removed 170, mostly Democratic voting precincts from Lake County, home to the state’s largest Latino and second-largest Black communities. The Secretary of State said they were simply updating the map to reflect new demographic data, while local Democrats said it keeps African Americans and Hispanic voters from the polls.

According to Pew Research, other efforts are underway in counties in Illinois, Kansas, Mississippi, Ohio and Wisconsin to move thousands of voters to new locations: (emphasis by Wrongo)

Some voters in Barton County, Kansas, now will have to drive 18 miles to vote in November’s election because of polling place consolidation. In the past three decades, the county has gone from 40 polling places to 11. The main reason, said County Clerk Donna Zimmerman, is cost.

Local election officials responsible for closing polling places often say that the closed locations were too expensive, underused, or inaccessible to people with disabilities. Often, local election officials fly under the radar, sometimes not even notifying voters in their jurisdictions of changes in polling locations.

This year, Georgia put the voter registrations of about 50,000 voters on hold, due to a policy implemented by Georgia Secretary of State Brian Kemp, who is also the Republican candidate for governor in next month’s election. Of the 53,000 applications in limbo, 70% are from African-Americans, according to the Associated Press, even though Georgia is approximately 32% black.

So the guy running for governor is ALSO overseeing the election. He tried to close 3/4 of polling places in predominantly black Randolph County this summer. Kemp is in a close race with Stacy Abrams, an African-American. You be the judge of what’s really going on.

Americans say we live in a democracy. But, with gerrymandering and vote suppression, we have to remain vigilant if we are to keep both our civil rights, and our Constitution, intact.

Enough for today! Take a step back, unplug, and chill a bit, because it’s Saturday, the Wrongologist’s day for a little Soothing.

Let’s start by brewing up a yuuge cuppa Ethiopia Hambela Natural from Chicago’s Big Shoulders Coffee. It is said to be deeply sweet, with flavors of raspberry, dark chocolate, and cedar, along with a syrupy mouthfeel.

Now, go and sit by a large window, and take in the changing fall colors and the nip of cool air. Put on your best headphones and listen to “Autumn Leaves” by Eva Cassidy, recorded live at Blues Alley in Washington, DC in 1996. Cassidy died far too young at 33, in 2006.

Those who read the Wrongologist in email can view the video here.

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