Tag Amy B. Wang

Same song, next verse

Pat Ryan Leave a comment

When I was a college student in the capital city of Texas, the mayor once held his regular weekly news conference and was asked to comment on the fact that the state legislature was about to begin another biennial session under the big pink dome.  His immediate reaction was to say “Lock up the kids and dogs.”

America, your legislature is back in business: the House of Representatives has selected Mike Johnson of Louisiana as its new speaker.  Who is that, you ask, and what does he believe in?  Among other things, he

So, we got that going for us…which is not nice.  Ruth Marcus writes in the Washington Post that any sense of relief you might be feeling that a well-known extremist like Jim Jordan was not elected by Republicans in Congress is misplaced.

For Jordan’s shirt sleeves demeanor and wrestler’s pugnacity, substitute a bespectacled, low-key presentation, a law degree and an unswerving commitment to conservative dogma and former president Donald Trump.

This is not an upgrade. It is Jordan in a more palatable package — evidently smoother, seemingly smarter and, therefore, potentially more effective.

Johnson, now serving his fourth term in Congress, was the moving force behind aSpeaker Johnson Supreme Court brief that helped lay the shoddy intellectual groundwork for Jan. 6, 2021. In December 2020, he rallied fellow Republican lawmakers to support Texas’s brazen bid to overturn the election results. In a lawsuit that fizzled almost as soon as it was filed, Texas Attorney General Ken Paxton sought to have the Supreme Court intervene in the election by blocking the certification of electoral college votes in four swing states — Pennsylvania, Georgia, Michigan and Wisconsin — where voting rules had been changed in the course of the election and voters, not coincidentally, had favored Joe Biden. The justices swiftly rejected the case, tartly noting that, “Texas has not demonstrated a judicially cognizable interest in the manner in which another State conducts its elections.”

(snip)

The Johnson brief was a full-throated endorsement of the “independent state legislature” theory, ultimately rejected by the Supreme Court in 2023’s Moore v. Harper. The brief asserted that under the terms of the Constitution, only state legislatures — without any review by state courts or involvement of other state parties — have power to set rules for choosing presidential electors. “The clear authority of those state legislatures to determine the rules for appointing electors was usurped at various times by governors, secretaries of state, election officials, state courts, federal courts, and private parties,” the brief argued.

(snip)

The Texas episode was of a piece with Johnson’s conservative worldview. Before being elected to Congress, he was a senior lawyer and national spokesman for the Alliance Defending Freedom, a conservative group that opposes abortion, same-sex marriage and LGBTQ+ rights.

Running for Congress in 2016, he described himself as “a Christian, a husband, a father, a lifelong conservative, constitutional law attorney and a small business owner in that order, and I think that order is important.” Johnson said he had been “called to legal ministry and I’ve been out on the front lines of the ‘culture war’ defending religious freedom, the sanctity of human life, and biblical values, including the defense of traditional marriage, and other ideals like these when they’ve been under assault.”

We shall see how well Johnson does in leading the House, or at least its too-small-for-comfort Republican majority, in handling upcoming issues like a possible government shutdown in three weeks, or requests for more aid to Israel and Ukraine, or any of the other normal kinds of business which members of Congress are supposed to take care of on our behalf.  But given his still-declared support of Trump, it’s unlikely Johnson will be much of a leader when it comes to the reality of the need to work with Democrats to get things done: as David Frum wrote in The Atlantic earlier this month, “The rules of contemporary Republican politics make it had to accept reality.  Reality is just too awkward.”

In reality, Trump has been a big vote loser for Republicans. He fluked into the presidency with a Dukakis-like share of the vote in 2016, then lost his party its majority in the House in 2018. Trump got decisively booted from the presidency in 2020; rampaged illegally on January 6, 2021; and then cost his party its Senate majority in the January 2021 runoff elections. His election-denier message damaged his party further in the elections of 2022. His demand for a Biden investigation and impeachment in 2023 is producing an embarrassing fiasco. But no Republican leader dares say these things out loud.

Most taboo of all is working with Democrats, on any terms other than total, one-sided domination: We win, you lose. So [then-Speaker Kevin] McCarthy just had to press ahead, acting as if he commanded a majority when he did not; insulting and demeaning the minority, even though he had to know that he might need their help at any minute.

That minute came. McCarthy sought Democratic votes to save him from his own refractory members, and in return he offered nothing. Not even politeness.

That proposition did not produce the desired results, and so here we are.

Where we are is a country with a solid anti-Trump majority confronting a pro-Trump minority that believes it has a right to rule without concession or compromise.

The only way to produce a stable majority in the House is for the next Republican leader to reach a working agreement with the Democrats to bypass the nihilists in the GOP caucus. But that agreement will have to be unspoken and even denied—because making agreements that show any respect for the other side will be seen by Republican partisans as betrayal. The price of GOP leadership is delivering delusions and fantasies: the delusion and fantasy that Trump won in 2020, the delusion and fantasy that the Republicans did not lose in 2022.

“Delusion and fantasy” might well stand as a new motto for the remnants of a once proud GOP: in the Public Religion Research Institute’s annual American Values Survey, one-third of Republicans believe that “because things have gotten so far off track, true American patriots may have to resort to violence in order to save our country,” almost half think we need a strong leader who is willing to break some rules to get things done, and 29% are strong believers in the QAnon conspiracy movement. In the Washington Post, Jennifer Rubin writes:

Most frightening is how many Republicans buy into white Christian nationalism, a racist ideology that rejects the basic premise of our democracy: “All men are created equal.” One-third of Americans but 52 percent of Republicans agree that “God intended America to be a new promised land where European Christians could create a society that could be an example to the rest of the world.” The number is even higher among White evangelical Protestants (54 percent). Americans who subscribe to white Christian nationalism are more than twice as likely as other Americans to say true patriots might have to resort to violence to save the country.

In a related question, 75 percent of Republicans think the Founders wanted America to be a Christian nation with Western European values.

Rubin also identifies a “positive sign of public sanity” across the ideological spectrum.

Overwhelming majorities of Americans today support teaching the good and the bad of American history, trust public school teachers to select appropriate curriculum, and strongly oppose the banning of books that discuss slavery or the banning of Advanced Placement (AP) African American History.” Moreover, “A solid majority of Americans also oppose banning social and emotional learning programs in public schools.” Though some Republicans have made “anti-wokeism” a key requirement of their political identity, their message is deeply unpopular. “Fewer than one in ten Americans favor the banning of books that include depictions of slavery from being taught in public schools (7%), compared with 88% who oppose such bans.”

Sixty percent say abortion should be legal in most or all cases, compared with 37 percent who say it should be illegal in most or all cases. In a political reversal, “Democrats are now significantly more likely than Republicans to say their support for a candidate hinges on the candidate’s position on abortion,” 50 percent vs. 38 percent.

(snip)

Taking a step back, the overall picture here is a country that is inclusive, respectful of religious differences, pro-democracy and supportive of women’s rights — except when it comes to the largely Republican, mostly White evangelical Christians who reject these fundamental ideas.

When a sizable portion of one of the major political parties, aided by a right-wing propaganda machine and infused with religious fervor, rejects the basis for multiracial, multicultural democracy, we face a severe crisis. Even if Trump does not return to the White House, this radicalized segment will not disappear. How we reintegrate millions of Americans into reality-based, pro-democracy politics in a diverse country remains the great challenge of our time.

Wh-wh-wh-what?

Pat Ryan Leave a comment

I had to go back and read it again: did that story indicate that Republicans and Democrats in the U.S. Senate are in agreement on a bill designed to fight off some future “January 6” effort to steal the results of the election?  Why, yes; yes it did:

Mitch McConnell (R-Ky.) has endorsed a bipartisan electoral count reform bill in the Senate, giving the legislation a key boost over a similar bill the House passed last week. Both bills seek to prevent future presidents from trying to overturn election results through Congress, and were directly prompted by the Jan. 6, 2021, attack on the Capitol by a pro-Trump mob seeking to stop the certification of Joe Biden’s electoral win.

The Electoral Count Reform and Presidential Transition Improvement Act, sponsored by Sens. Susan Collins (R-Maine) and Joe Manchin III (D-W.Va.), would amend the Electoral Count Act of 1887 and reaffirm that the vice president has only a ministerial role at the joint session of Congress to count electoral votes, as well as raise the threshold necessary for members of Congress to object to a state’s electors.

Speaking on the Senate floor Tuesday afternoon, McConnell said he would “strongly support” the legislation…

(snip)

The Senate and House bills differ chiefly in how much they would change the threshold necessary for members of both chambers to object to a state’s results. Currently only one member each from the House and Senate are required to object to a state’s electors. The House electoral reform bill would raise that threshold to at least one-third of the members of both the House and the Senate, while the Senate version would raise that threshold to at least one-fifth of the members of both the House and the Senate.

I’m not saying this would solve all our problems; I am saying it is heartening (if a little surprising) to see members of both parties taking action to benefit the country instead of pandering to their hard-line supporters.  I could get used to this…

Fundamental dishonesty

Pat Ryan 1 Comment

It wasn’t a “driveway moment” because I wasn’t in my driveway, I wasn’t sitting in the car listening to the radio to hear the end of a story that had sucked me in.  No, I was still on the road headed home from the grocery store when I heard two words that broke through and provided some clarity of mind, finally, amid the onslaught of distressing rulings from the Supreme Court of the United States.

Just a week ago, the court’s six “conservative” justices ruled that a program in Maine that subsidizes tuition for certain private schools in rural areas of the state cannot exclude religious private schools from the program.  Two days later the same six found that a New York law placing strict limits on carrying guns in public violates the Second Amendment.  And the day after that, those same six members not only found that a Mississippi ban on abortions after just 15 weeks was constitutional, they went the extra step and overturned the nearly 50-year old precedent of their own court that established a woman’s right to an abortion.

The separation of church and state.  The rights to privacy, and to safety, individual liberty, and self-determination.  The targets of this Supreme Court and the “conservative” movement in general couldn’t be clearer.  With each new Republican-appointed justice on the court, and each new ruling by the new majority, they demonstrate their mission to remake America as a paradigm of Christian nationalism.  It seems clear that the decades-long mission to destroy the secular society that has grown up since World War II just can’t be denied, not even when the inconvenience of the facts gets in the way.

It was Nina Totenberg on the radio reporting on the ruling in favor of the high school coach who insisted on holding a prayer circle at midfield after football games, and Justice Neil Gorsuch’s opinion scolded the school district:

“Here, a government entity sought to punish an individual for engaging in a personal religious observance, based on a mistaken view that it has a duty to suppress religious observances even as it allows comparable secular speech. The Constitution neither mandates nor tolerates that kind of discrimination. Mr. Kennedy is entitled to summary judgment on his religious exercise and free speech claims,” Gorsuch wrote.

The three dissenters said that account of the facts blinkered reality (emphasis added). Writing for the three liberals, Justice Sonia Sotomayor said that Kennedy’s prayer was neither private speech, nor benign. She pointed to the fact that the coach conducted a media blitz leading ultimately to the field being stormed and students being knocked down. And she said “schools face a higher risk of unconstitutionally ‘coerc[ing] … support or participat[ion] in religion or its exercise’ than other government entities.”

“This decision does a disservice to schools and the young citizens they serve, as well as to our Nation’s longstanding commitment to the separation of church and state,” Sotomayor wrote. “Today’s decision elevates the rights of a school coach who voluntarily accepted public employment, over the rights of students required to attend public schools and who may feel obligated to join in prayer.” In doing so, Sotomayor claims, the court gives “short shrift” to the constitutions ban on state entanglement with religion.

University of Virginia law professor Douglas Laycock usually files briefs siding with religion advocates. But not in this case. He called Monday’s ruling, “fundamentally dishonest” and pointed to the third sentence of the Gorsuch opinion, which characterizes coach Kennedy’s conduct as “quiet isolated prayers,” stating, “They weren’t quiet and they weren’t isolated. They were leading the students in prayer, and to say that’s okay undermines all the school prayer cases.” By that he means Supreme Court decisions barring teacher- or student-led prayers in public school classrooms, and ceremonies like graduation.

It was like a fire alarm went off inside my head: “fundamentally dishonest.”

Yes—the fundamental dishonesty of these justices, and of the Christian religious extremists who have been fighting the secularization of American society for generations!  They have had a winking understanding with a certain segment of America: anything is permissible—the end justifies the means—when it comes to returning America to be the Christian country we all “know” it should be, including lying under oath in order to gain positions of power.  Don’t believe me?  Look at the video of the confirmation hearings over the years of the “conservative” justices now on the court: is it just a coincidence that when the Senate Judiciary Committees asked these nominees about Roe v. Wade, these individuals had the same answer, in virtually the same words, words meant to leave the impression that they believed in the doctrine of stare decisis in general and specifically for this case?  I think not.

In a concurring opinion on Dobbs, Justice Clarence Thomas says the quiet part out loud about using the wedge they perfected in overturning Roe to take aim at other precedents that guarantee other rights to Americans.

“In future cases, we should reconsider all of this Court’s substantive due process precedents, including Griswold, Lawrence, and Obergefell,” Thomas wrote on Page 119 of the opinion in Dobbs v. Jackson Women’s Health, also referring to the rulings that legalized same-sex relationships and marriage equality, respectively. “Because any substantive due process decision is ‘demonstrably erroneous’ … we have a duty to ‘correct the error’ established in those precedents.”

Just coincidence, right, that the other cases on his mind are the ones that guaranteed the rights to same-sex marriage, and same-sex sex, and the use of birth control.  BIRTH CONTROL!?  He wants to return to a time when the use of birth control by married couples in the privacy of their own home could be and was prohibited by states?  Who can even imagine such a thing?

I know who…so do you.  And I don’t take any comfort—at all—in the protestation from the other five “conservative” justices that “[n]othing in this opinion should be understood to cast doubt on precedents that do not concern abortion.”  When there is fundamental dishonesty, I have doubts.