Category American Values

The real RINOs

Pat Ryan Leave a comment

Today’s Republican Party claims to be the only truly patriotic, fully America-loving and God-fearing political party in the country, the one that will protect regular America-loving and God-fearing citizens from the perfidies of big gummint and make the country, well, you-know-what again.  So, how are they doing with that today?

Well, as I write this we are just hours away from the gummint shutting down much of its operations because Congress cannot pass the legislation needed to pay the bills.  But not because the Congress and the president haven’t been able to come to a compromise: this past May President Biden and House Speaker McCarthy did agree on total spending levels through 2024.  It’s that some Republicans in the House refuse to accept the deal.  If there is no agreement by the deadline we can all look forward to enjoying life with only “essential services” from Washington.  If you are a government worker (as I was) who is deemed essential (as I was not), you get to keep working but not be paid for it; non-essential workers just get furloughed.

So much for Republicans looking out for the average, America-loving, God-fearing citizen.

What Republicans are doing instead of keeping the government running smoothly is kicking off an impeachment inquiry into President Biden.  Against whom they have no evidence – zero – of his commission of an impeachable offense.  Who brought witnesses who say they don’t see it, either:  Jonathan Turley, George Washington University law professor and Fox News contributor, said “In fact, I do not believe that the current evidence would support articles of impeachment.”  The same Republicans who screeched that Democrats were weaponizing impeachment against the former guy (who was as innocent as the day is long during his presidency, they insisted, and who is just being victimized by 91 criminal and civil indictments (so far) in his post-presidency) are only doing the Lord’s work in rooting out corruption in government.

The weird thing is, the same Republicans who are trying to use the mechanisms of government to impeach a president of the other party (albeit one who faces no substantiated allegations of any wrongdoing) are the same ones who by obstinately refusing to compromise on a spending plan will force much of that same government to close up shop for an indefinite period.  (Although, not Congress or their investigation.)  This is not, historically, what the Republican Party has been about.

The Grand Old Party was organized in the early 1850s as a coalition opposed to the expansion of slavery into new states and territories, and after the Civil War its majority in Congress –- the Radical Republicans -– passed laws to, among other things, protect the rights of freed slaves.  While Democrats in the South worked to chip away at the Reconstruction reforms, Republicans became more and more associated with the interests of business; some also supported (gasp!) progressive efforts for social reforms.

The growth of the federal government through the New Deal period and World War II encouraged more and more Southern Democrats who opposed civil rights for blacks (and other non-whites) and most expanded government programs to move to the Republican Party, where they joined up with conservative Christians stirred to action by opposition to “culture issues” that they were persuaded were threatening the “Christian nation” that God had intended America to be.  These elements came to control the party…or at least they did until they handed over the keys to a circus clown from New York.

Today those Republicans who are part of “MAGA nation” – polls say they are less than 25% of the nation as a whole — seem ever so pleased with themselves any time they get the opportunity to act-out as childish name-callers; one of their favorites is to brand a fellow Republican with whom they have some disagreement on a point of policy, no matter how trivial, as being a Republican In Name Only.  (How clever.)  But they are the real RINOs, who have succeeded in taking control of a once-respected political organization and philosophy and turned it into a vehicle (a clown car?) for instituting their warped social views into law.  It’d be a lot funnier if they weren’t so successful.

The Stakes

Pat Ryan Leave a comment

“The system” is finally catching up with the non-stop stream of lawbreaking by the former guy and his collaborators that aimed at upending the legal result of the 2020 presidential election.  They were working so hard and fast for so long that it took more than two years for the judges and lawyers on the side of truth, justice and the American way to amass the evidence needed to bring charges, and now the fun has begun.

My favorite character currently is Judge Tanya Chutkan, the federal court judge in Washington hearing the case against Trump (and others) on charges of conspiring to overturn the election.  Her string of figurative “up yours” responses to stupid defense motions is so satisfying: the Trump team isn’t used to being in front of a judge who knows the law, isn’t intimidated by them and their client, and isn’t scared to show it.

For example, this week she rejected arguments from both sides over setting a trial date.  The special counsel suggested jury selection in December and the trial to begin in January…this year; Trump’s lawyers say there is sooo much they have to read to get ready that the trial should be delayed…until 2026!

“These proposals are obviously very far apart,” Chutkan said Monday. “Neither of them is acceptable.”

Chutkan said that Trump will have to prioritize the trial and that she would not change the trial schedule based on another defendant’s professional obligations, for example a professional athlete’s.

The public has an interest in the fair and timely administration of justice, Chutkan said. Trump’s lawyer said going to trial next year would violate Trump’s rights, noting the millions of pages of discovery material that prosecutors have turned over.

“This is a request for a show trial, not a speedy trial,” Trump lawyer John Lauro said of the special counsel’s proposed schedule. “Mr. Trump is not above the law, but he is not below the law.”

After Chutkan ruled, Lauro stood to make an objection on the record and state that Trump’s defense team will not be able to adequately represent its client with that trial date. Chutkan noted his objection and moved on.

Earlier in the hearing, Chutkan said that while the special counsel team’s proposal was too soon, Trump’s proposal of 2026 was not reasonable. “Discovery in 2023 is not sitting in a warehouse with boxes of paper looking at every single page,” Chutkan said.

“This case is not going to trial in 2026,” Chutkan said. She said Trump’s team has had time to prepare already; the public has known about the existence of the grand jury investigating Trump since September, and the identity of many of the witnesses has been known.

In Chutkan’s court, and others hearing cases alleging election interference by Trump and his co-conspirators, defense lawyers are smugly (because how else does a Trump lawyer ever do anything?) letting it be known that their clients couldn’t possibly be guilty of a crime because they honestly believed that the election had been compromised.  This is even a point in a California state bar complaint against John Eastman.  As Jennifer Rubin reported in the Washington Post,

At a critical hearing last week in the California bar proceedings, designated legal expert Matthew A. Seligman submitted a 91-page report, which I have obtained from the state bar, that strips away any “colorable,” or legally plausible, defense that Eastman was acting in good faith in rendering advice to the now four-times-indicted former president Donald Trump.

This report has serious ramifications for Eastman’s professional licensure and his defense in Georgia. Moreover, his co-defendant and co-counsel in the alleged legal scheme, Kenneth Chesebro, who has employed many of the same excuses as Eastman, might be in serious jeopardy in his Oct. 23 trial. (Another lawyer, Sidney Powell, also requested a speedy trial.)

In his report, Seligman addressed whether “the legal positions advanced by Dr. John Eastman in relation to the counting of electoral votes for the 2020 presidential election” were reasonable. Specifically, he assessed whether — as Eastman, Chesebro and others posited — Mike Pence, as vice president, had “unilateral authority to resolve disputes about electoral votes or to take other unilateral actions with respect to the electoral count” or could “delay the electoral count for a state legislature to take action with respect to a state’s electoral votes and whether a state legislature may lawfully appoint electors after the electoral count commences.”

Seligman reviewed the 12th Amendment, the Electoral Count Act of 1887 and “centuries-long practice by Congress” to find that the Eastman positions were so devoid of support that “no reasonable attorney exercising appropriate diligence in the circumstances would adopt them.” In essence, Seligman strips away the pretense that Eastman (and, by extension, Chesebro) engaged in routine legal work.

(snip)

Seligman’s damning report might well determine the outcome of Eastman’s bar proceedings. However, the implications of the report extend well beyond Eastman’s law license. For example:

  • If Eastman engaged in a bad-faith scheme to overthrow the election, then he (and presumably other co-defendant lawyers) lacked any colorable defense under federal law and therefore cannot remove their case to federal court.
  • If Eastman engaged in a bad-faith scheme to overthrow the election, none of his or other lawyers’ conversations are protected under the ambit of the First Amendment any more than a memo explaining how to break into a bank would be.
  • If Eastman engaged in a bad-faith scheme to block the certification of the election, then one could conclude he and others in the alleged “criminal enterprise” had the requisite criminal intent for state charges including a state racketeering charge.

The significance of stripping away the legal plausibility of the cockamamie scheme to undermine our democracy cannot be overstated.

It’s that “undermining our democracy” part that should be most alarming – to us all.  But I don’t think it is, to many of us – certainly not, it seems, to the people who showed up at the arena in Milwaukee this week for the first “debate” among candidates for the Republican presidential nomination.  As Will Bunch wrote in the Philadelphia Inquirer,

As the night dragged on, the only “issues” the crowd seemed jazzed about were brash challenges to scientific truths that it considers elite liberal pieties — like [Vivek] Ramaswamy’s false claim that climate change solutions have killed more people than climate change — or authoritarian vows of violence, like Ron DeSantis’ promise to render any drug dealers at the border “stone cold dead.” None of the eight people on that stage “won” — only Trump, his angry mob, and a 21st-century brand of American fascism that is the enemy of democracy, the writing on the wall.

(snip)

America is entering its most important, pivotal year since 1860, and the U.S. media is doing a terrible job explaining what is actually happening. Too many of us — with our highfalutin poli-sci degrees and our dog-eared copies of the late Richard Ben Cramer’s What It Takes — are still covering elections like it’s the 20th century, as if the old touchstones like debates or a 30-second spot still matter.

What we are building toward on Nov. 5, 2024, might have the outward trappings of an election, but it is really a show of force. What we call the Republican Party is barely a political party in any sense of the word, but a dangerous antisocial movement that has embraced many of the tenets of fascism, from calls for violence to its dehumanizing of “others” — from desperate refugees at the border to transgender youth.

There is, in reality, no 2024 primary because this movement embraced its infallible strongman in Trump eight years ago. And there is no “Trump scandal” because — for them — each new crime or sexual assault is merely another indictment of the messenger, the arrogant elites from whom their contempt is the number one issue. These foot soldiers stopped believing in “democracy” a long time ago — no matter how big an Orwellian sign Fox News erects.

If you watch enough not-Fox cable TV news, you’ll occasionally see an expert on fascism like New York University’s Ruth Ben-Ghiat or Yale’s Timothy Snyder explaining the roots of this American authoritarianism, or you can read a piece like Margaret Sullivan’s Guardian take on the fascist appeal of Trump-clone Ramaswamy. But then it’s back to your regular programming, including a desperate desire to frame today’s clash in the context of long-lost 20th-century democratic norms, and to blame any transgressions on a mysterious “tribalism” that plagues “both sides.”

(snip)

I’ve been inside and outside of Trump rallies in Hershey and West Chester and Wildwood, and what I learned is that the only issue that matters isn’t an issue at all, but their contempt for the media outlets like CNN they believe look down on them and their savior.

(snip)

It was so revealing Wednesday night when Fox News launched its debate coverage by playing a snippet of Oliver Anthony’s No. 1 hit, the blue-collar populist rant “Rich Men North of Richmond,” with its mix of anti-government elitism and a downward punch at welfare recipients. It felt like the Fox message was, “We’re not comfortable talking about what’s really happening with the white working class in America, so we’re just going to turn it over to this angry singer with the big beard.”

The news media better get comfortable talking about what is really happening in places like Anthony’s Farmville, Va. They ought to be explaining both the legitimate anger voiced by the singer’s lament over working overtime hours for low pay, the manipulation of that anger by demagogues like Trump, and the uncomfortable questions about how much of the rage is over threats to outdated and detestable hierarchies of white supremacy and the patriarchy.

(snip)

These are the stakes: dueling visions for America — not Democratic or Republican, with parades and red, white, and blue balloons, but brutal fascism or flawed democracy. The news media needs to stop with the horse race coverage of this modern-day March on Rome, stop digging incessantly for proof that both sides are guilty of the same sins, and stop thinking that a war for the imperiled survival of the American Experiment is some kind of inexplicable “tribalism.”

We need to hear from more experts on authoritarian movements and fewer pollsters and political strategists. We need journalists who’ll talk a lot less about who’s up or down and a lot more about the stakes — including Trump’s plans to dismantle the democratic norms that he calls “the administrative state,” to weaponize the criminal justice system, and to surrender the war against climate change — if the 45th president becomes the 47th. We need the media to see 2024 not as a traditional election, but as an effort to mobilize a mass movement that would undo democracy and splatter America with more blood like what was shed Saturday in Jacksonville. We need to understand that if the next 15 months remain the worst-covered election in U.S. history, it might also be the last.

Court rejects race-based solution for race-based unfairness…hopes for the best

Pat Ryan Leave a comment

It’s no easy trick to find a way for a society to accept responsibility for the wrongs of the past that will satisfy everyone as being fair and effective.  In today’s America, we can’t even agree that “we” have such a responsibility, much less concur on how we can make a good faith effort to address the injustices suffered by the generations of Black Americans since the early 17th century.

Three generations ago America made an effort when Congress passed the Civil Rights Act and the Voting Rights Act.  But many felt more was needed, and as Jerome Karabel explains in today’s New York Times, “In a historic commencement address at Howard University on June 4, 1965, President Lyndon Johnson laid out the intellectual and moral basis for affirmative action.”

Speaking less than a year after the passage of the Civil Rights Act and two months before the passage of the Voting Rights Act, he invoked a metaphor that remains resonant 50 years later: “You do not take a person who, for years, has been hobbled by chains and liberate him, bring him up to the starting line of a race and then say, ‘You are free to compete with all the others,’ and still justly believe that you have been completely fair.”

Affirmative action – race-based preferences in education, hiring and more – have been an attempt to correct historic race-based mistreatment.  Karabel says “After a brief honeymoon of public support, affirmative action was met with a powerful backlash, and the policy has been under attack ever since. Decades of lawsuits and legislation have chipped away at the use of racial preferences. And now, in a 6-to-3 decision, the Supreme Court has consigned them to the grave.”

From the Washington Post:

The Supreme Court on Thursday held that admissions programs at Harvard and the University of North Carolina that relied in part on racial considerations violate the Constitution’s guarantee of equal protection, a historic ruling that will force a dramatic change in how the nation’s private and public universities select their students.

The votes split along ideological grounds, with Chief Justice John G. Roberts Jr. writing for the conservative members in the majority, and the liberals dissenting. While the ruling involved race-conscious programs at Harvard and UNC, it will affect virtually every college and university in the United States.

“The student must be treated based on his or her experiences as an individual — not on the basis of race,” Roberts wrote, joined by Justices Clarence Thomas, Samuel A. Alito Jr., Neil M. Gorsuch, Brett M. Kavanaugh and Amy Coney Barrett. “Many universities have for too long done just the opposite. And in doing so, they have concluded, wrongly, that the touchstone of an individual’s identity is not challenges bested, skills built, or lessons learned but the color of their skin. Our constitutional history does not tolerate that choice.”

Roberts said the admissions programs at Harvard and UNC “lack sufficiently focused and measurable objectives warranting the use of race, unavoidably employ race in a negative manner, involve racial stereotyping, and lack meaningful end points.”

But he added that “nothing in this opinion should be construed as prohibiting universities from considering an applicant’s discussion of how race affected his or her life, be it through discrimination, inspiration, or otherwise.”

(snip)

In a lengthy dissent, Justice Sonia Sotomayor, the court’s lone Latina justice, wrote that it is “a disturbing feature of today’s decision that the Court does not even attempt to make the extraordinary showing required” to reverse precedent [of previous court rulings supporting affirmative action].

Sotomayor, who has said her own life is an example of how affirmative action programs can work, spoke at length from the bench on Thursday, a tactic justices use to mark their profound disagreement with a decision.

“Equal educational opportunity is a prerequisite to achieving racial equality in our Nation,” she wrote, joined by [Justice Ketanji Brown] Jackson and Justice Elena Kagan.

“Today, this Court stands in the way and rolls back decades of precedent and momentous progress. It holds that race can no longer be used in a limited way in college admissions to achieve such critical benefits,” Sotomayor’s dissent said. “In so holding, the Court cements a superficial rule of colorblindness as a constitutional principle in an endemically segregated society where race has always mattered and continues to matter.”

As Jackson put it, “With let-them-eat-cake obliviousness, today, the majority pulls the ripcord and announces ‘colorblindness for all’ by legal fiat.  But deeming race irrelevant in law does not make it so in life.”

If it can find that race can’t be a factor in college admissions, it should only a matter of time before the court expands that reasoning to include private business, and to say that considerations of race – in the form of diversity, equity and inclusion initiatives – are also unconstitutional.

More from Karabel:

While race-conscious affirmative action is no longer permissible, it is worth noting that the Supreme Court ruling leaves intact many other forms of affirmative action — preferences for the children of alumni, preferences for the children of donors and preferences for student athletes, including for such boutique sports as sailing, fencing and squash. The consequences of this change are not entirely predictable, but based on what happened at the University of Michigan and the University of California, Berkeley, after they were barred from pursuing race-conscious admission policies, a sharp decline in Black and perhaps Hispanic enrollments at highly selective colleges and professional schools seems almost certain. To offset the loss, many colleges are likely to switch to a policy of affirmative action based on economic class. Such a policy would attenuate, although by no means eliminate, the racial impact of the Supreme Court’s ruling.

Affirmative action based on economic class is likely to enjoy broader public support than race-conscious affirmative action; according to a recent Washington Post poll, 62 percent of Americans believe that students from low-income families have an unfair disadvantage in getting into a good college. [David Brooks discusses this idea in the New York Times today.]  But affirmative action on its own, whether based on race or economic class, is far too limited a tool to realize the dream of the great civil rights movement of the 1960s for full racial equality. As we confront a world without race-conscious affirmative action, we would do well to remember the Rev. Dr. Martin Luther King Jr.’s admonition that to produce real equality, “the movement must address itself to the question of restructuring the whole of American society.”

I think most Americans agree that race should not matter, in college admissions or anything else.  (Not all agree, I’m afraid…and you know who you are.)  We wish it were true.  But as we all learned in our youth, wishing a thing doesn’t make it so.  Honest people will acknowledge that while we as a society have made great progress, race does still matter today.  Rulings such as this one seem aimed at making sure that some white Americans are shielded from any responsibility for righting the wrongs of the past.  Or of even acknowledging that there were past wrongs that need addressing.  That’s not a viable strategy for righting the wrongs.

(Jelani Cobb on “The End of Affirmative Action” in The New Yorker: “…almost from the outset, critics of the policy could be seen impatiently tapping their watches, questioning how long (white) society was meant to endure the patent unfairness of these racial considerations.”)

You can’t ignore that corrupt elephant in the room forever

Pat Ryan Leave a comment

Permit this interpretation of this afternoon’s vote in the Republican-controlled Texas House of Representatives to impeach the state’s Republican attorney general: Enough!

Republicans have controlled state government here in Texas for more than 20 years: all the statewide offices are and have been held by Republicans, and GOP members hold and have held a majority in the state House and Senate.  But today, 123 of the 149 House members (one seat is vacant) –- including 60 Republicans and all the House Democrats — impeached Ken Paxton on 20 charges, including bribery, abuse of public trust, and allegations of felony securities fraud that Paxton has been dodging trial for since shortly after he first took office as attorney general in 2015.  (Yes, the Texas attorney general has been under indictment for alleged securities fraud for eight years now, and still no trial!)  From The Texas Tribune this afternoon:

The move to impeach came less than a week after the House General Investigating Committee revealed that it was investigating Paxton for what members described as a yearslong pattern of misconduct and questionable actions that include bribery, dereliction of duty and obstruction of justice. They presented the case against him Saturday, acknowledging the weight of their actions.

“Today is a very grim and difficult day for this House and for the state of Texas,” Rep. David Spiller, R-Jacksboro, a committee member, told House members.

“We have a duty and an obligation to protect the citizens of Texas from elected officials who abuse their office and their powers for personal gain,” Spiller said. “As a body, we should not be complicit in allowing that behavior.”

And that, I believe, is the key to today’s decision.  Ken Paxton has been suspected of…oh, shall we say, questionable behavior…since his time as a legislator.  Did I mention the indictments on charges of securities fraud?  (Oh yeah, I did.)  And as The Texas Tribune explains, “Many of the articles of impeachment focused on allegations that Paxton had repeatedly abused his powers of office to help a political donor and friend, Austin real estate developer Nate Paul.

In fall 2020, eight top deputies in the attorney general’s office approached federal and state investigators to report their concerns about Paxton’s relationship with Paul.

All eight quit or were fired in the following months, and most of the details of their allegations against Paxton were revealed in a lawsuit by four former executives who claim they were fired — in violation of the Texas Whistleblower Act — in retaliation for reporting Paxton to the authorities. Paxton’s bid to dismiss the lawsuit is awaiting action by the Dallas-based 5th Court of Appeals.

According to the lawsuit, the whistleblowers accused Paxton of engaging in a series of “intense and bizarre” actions to help Paul, including intervening in an open-records case to help Paul gain documents from federal and state investigations into the real estate investor’s businesses. They also accused Paxton of directing his agency to intervene in a lawsuit between Paul and a charity, pushing through a rushed legal opinion to help Paul avoid a pending foreclosure sale on properties and ignoring agency rules to hire an outside lawyer to pursue an investigation helpful to Paul’s businesses.

In return, the whistleblower lawsuit alleged, Paul paid for all or part of a major renovation of a home Paxton owns in Austin. Paul also helped Paxton keep an extramarital affair quiet by employing the woman Paxton had been seeing, the lawsuit said, adding that the attorney general may also have been motivated by a $25,000 contribution Paul made to Paxton’s campaign in 2018.

In their report to the House General Investigating Committee on Wednesday, the panel’s investigators concluded that Paxton may have committed numerous crimes and violated his oath of office.

Investigators said possible felonies included abuse of official capacity by, among other actions, diverting staff time to help Paul at a labor cost of at least $72,000; misuse of official information by possibly helping Paul gain access to investigative documents; and retaliation and official oppression by firing employees who complained of Paxton’s actions to the FBI.

The articles of impeachment accused Paxton of accepting bribes, disregarding his official duties and misapplying public resources to help Paul.

I think it has just gotten to be too much – for Republicans!  Those of them still connected to reality have come to realize that the party’s continued accusations of all manner of perfidy against anything with a Democratic Party label on it are becoming less and less realistic (they’ve already gone far beyond mere believability) as their party continues to pretend there is no corrupt elephant in their own living room.  Some of them, I suspect, would be very happy to have Paxton gone from office but as they come face to face with a mountain of evidence gathered by their own party they’re fed up with the hypocrisy.  Democrats, too, of course:

The Legislature had impeached state officials just twice since 1876 — and never an attorney general — but the House committee members who proposed impeachment argued Saturday that Paxton’s misconduct in office was so egregious that it warranted his removal.

“This gentleman [Paxton] is no longer fit for service or for office,” said committee member Rep. Ann Johnson, D-Houston. “Either this is going to be the beginning of the end of his criminal reign, or God help us with the harms that will come to all Texans if he’s allowed to stay the top cop on the take, if millions of Texans can’t trust us to do the right thing, right here, right now.”

Rep. Charlie Geren, R-Fort Worth, a member of the investigative committee, used his presentation time to criticize Paxton for calling representatives as they worked on the House floor to “personally threaten them with political consequences in the next election” if they supported impeachment.

What does Paxton have to say?  What do think: he reverted to a standard Trumpian response to any accusation at all, saying in a statement that “The ugly spectacle in the Texas House today confirmed the outrageous impeachment plot against me was never meant to be fair or just. It was a politically motivated sham from the beginning.”  Right.

What’s next?  The Texas Constitution calls for Paxton to be temporarily suspected from office and the state Senate to conduct a trial, where it would take the votes of two-thirds of the members (21) to permanently remove Paxton from office and bar him from holding state office in the future.  There are just 12 Democratic senators right now, so some of the 19 Republicans would have to vote against Paxton in order for him to be found guilty.  By the way, one of those Republican senators is Angela Paxton.  Ken Paxton’s wife, Angela Paxton, who might be a juror in a trial that accuses her husband of, among other things, using his official position to hush up an alleged extramarital affair.  The state constitution requires all senators to attend an impeachment trial, no word yet if she will recuse herself.

EDITOR’S NOTE: Since I wrote this piece the Republican chairman of the Texas House committee that investigated Attorney General Ken Paxton and brought the articles of impeachment has explained why he believes that “Paxton must be held accountable for his flagrant abuses of his office and of the public trust.” Read it for yourself right here in the Houston Chronicle.

Self-inflicted wounds from the culture wars

Pat Ryan Leave a comment

There is little that Texas state legislators like doing more than passing a bill to help people who own and run businesses in Texas.  They will pass such laws even if the result hurts Texas citizens, as it publicly reinforces the perception that Texas leaders are “reactionaries uncomfortable with delivering an equitable society.”  Case in point, as elaborated by Chris Tomlinson in today’s Houston Chronicle: the current effort to outlaw diversity, equity and inclusion programs which Republican leaders claim discriminate against white people, even though those leaders are likely to “drive away private investments in higher education and disqualify the state for federal programs worth billions” if they succeed.  (Not online yet, will post the link when available)

Last week the GOP majority of the Texas Senate approved a bill to prohibit all Texas public colleges and universities from even having DEI programs or staff.  (Democrats were unanimous in opposition, for what that’s worth here in Texas).  The bill must still pass the State House before it could be signed by the governor, but the governor is already on board.

[Governor Greg] Abbott has argued DEI programs sound good on the surface but that they have been manipulated to pass on potential job applicants because of their race. He sent warnings to colleges and universities in February, which was followed by schools like the University of Texas, Texas A&M University and the University of Houston all announcing that they would step back from DEI programs or review how their programs work.

Despite that response by the big state schools, State Senator Brandon Creighton and his Senate colleagues have taken action.  Why?  Well, Creighton has said “while he is all for diversity, DEI programs have gone too farratio3x2_1200, and are actually excluding some job candidates and ultimately not succeeding in increasing the diversity of college faculty.”  So, his plan for achieving more diversity is to kill the programs that are designed to achieve more diversity.  Not to improve the programs so that they work better and achieve the result he claims he wants, but to drive a stake through their hearts so they can never rise from the grave.  Cue the law of unintended consequences.

When it comes to correcting generations of discrimination, inequity and exclusion, though, Texas Republicans think historical injustices will fix themselves.  Gov. Greg Abbott and Lt. Gov. Dan Patrick are pushing Senate Bill 17 and other bills to make programs intended to correct past wrongs illegal.

They don’t care that a ban on diversity, equity and inclusion, known as DEI, will drive away private investments in higher education and disqualify the state for federal programs worth billions.

When companies pay the fee to join the University of Texas at Austin’s Energy Institute, DEI programs for students and faculty are among their top concerns, institute director Brian Korgel told me.  Federal and private grant applications always have DEI sections.

“Companies expect us as universities to play a role in terms of fostering the diversity of the student body, both in admissions and in terms of graduation and retention,” he said.  “For a single investigator applying for a science grant from the National Science Foundation, you really need to address diversity in some way in your proposal; otherwise, it becomes a real challenge to get the work funded.”

The Energy Institute has joined the Center for Houston’s Future, Exxon, Sempra and other companies to apply for a Department of Energy grant to build a hydrogen hub along the Gulf Coast.  But the application asks about DEI efforts.  The Legislature’s anti-DEI laws imperil that application.

In tandem with their valiant fight against DEI programs, Republicans in Austin have opened a second front against those who would defend DEI: academics, like Jeremi Suri of The University of Texas, who Tomlinson quotes arguing the similarities between the political leaders of today and those of post-Civil War America who fought to protect white privilege.

But Suri can reach such conclusions without fear of retribution thanks to the principle of academic freedom and tenure.

Abbott, Patrick, Creighton and their GOP allies intend to end those, too.

Professors who violate SB 17 can be placed on unpaid leave and fired, while universities will lose state funding and face $1 million fines.  Creighton’s Senate Bill 18 would end tenure, and Senate Bill 16 would make it illegal for Suri to teach the ideas in his book.

University deans already complain that the Legislature’s anti-intellectualism makes recruiting the world’s top minds to Texas difficult.  But ending tenure and fining professors for breaking with white supremacist orthodoxy will make it nearly impossible.

The best minds want to work at the best universities.  The best companies want to recruit from the best universities.  If the best professors take their research and go, corporations will follow them.

Culture wars may make good politics for the right, but they will also have consequences for the state’s economy.

So: you can’t have programs designed to try to overcome white privilege and promote greater diversity, can’t even teach about it, but you can be fired in contravention of the principles of academic freedom and tenure if you do.  Give Texas Republican leaders credit: they can be thorough when it comes to attacking the outward manifestations of their own inner demons.