Separating the symptoms from the syndrome

Had enough already of the economy, jobs, and Medicare as political issues?  Are you ready for some good, old-fashioned, divisive social issues, guaranteed to split Americans along religious lines?  That’s what evangelical Christians do, and with the election getting closer there should be no surprise that a new round is erupting.

The Republican National Convention is next week; this week the platform committee approved a plank regarding abortion that pretty much falls in line with the party’s position on that issue over the last few platforms: no abortion, no way, no how…and no exceptions for pregnancies that result from rape or incest.

“Faithful to the ‘self-evident’ truths enshrined in the Declaration of Independence, we assert the sanctity of human life and affirm that the unborn child has a fundamental individual right to life which cannot be infringed,” said the draft platform language approved Tuesday, which was first reported by CNN. “We support a human life amendment to the Constitution and endorse legislation to make clear that the Fourteenth Amendment’s protections apply to unborn children.”

I’ll give them this: that’s the only intellectually consistent anti-abortion position possible—if an unborn child has a fundamental right to life, there can be no exception that would permit that right to be “infringed.”  But that’s a hard line to take, and those exceptions have been included in many laws outlawing abortions because, to most people, it doesn’t seem fair for the government to force a woman to carry a pregnancy to term when she didn’t choose to become pregnant, or when the pregnancy itself threatens her life and health.  Unless you don’t believe that women deserve the same treatment under law as men, in which case, well, that’s tough luck for the little lady.

Is it just coincidence that this comes up as a Missouri congressman stuns us with the concept of “legitimate rape”?  Probably; more’s the pity.

Let me give Rep. Todd Akin, R-Mo., the benefit of the doubt.  When he answered a question about permitting abortion in the case of rape (KTVI-TV’s complete report is here), and said that he understood pregnancy as a result of rape was rare because “the female body has ways to try to shut that whole thing down,” I think he was trying to say that he believes that most of the pregnant women who claim they were raped are lying about having been raped, not trying to suggest that there is such a thing as “legitimate rape” as opposed to “illegitimate rape.”

In other words, he was demonstrating his ignorance.  That’s what’s driving a large part of the reaction, but what’s driving the rest—the portion from within the Republican Party—is that Akin looked stupid on a national stage, thereby threatening the GOP’s takeover of the U.S. Senate in this election, and opened up a crack in the extremist positions of the Republican Party for all the rest of us to take a peek.

We should not be fooled that Akin’s statement, merely because it is so offensive and quickly retracted or clarified, is a mere slip. It actually represents the worldview of Akin and many like-minded Republican colleagues. His comments are part and parcel of a view of civil rights, women’s rights, and science that should be antithetical to a modern society. It reflects a worldview that has held up progress on too many serious issues, a form of know-nothingism for the modern era, a rejection of the very notion of learning.

There’s little doubt that the “conservative” forces that have taken control of the GOP have a wide-ranging agenda driven by their adherence to the belief that America is a Christian nation that needs to be evangelized, to be “taken back” from the forces advocating the constitutional principles of a secular, inclusive, civil society.  What was once the party of Lincoln, of Roosevelt, even of Reagan, has moved so far to the extreme that it’s left a lot of its old membership behind.  (Let’s make posting examples of that a new parlor game, shall we—who wants to go next?)

Republicans…conservatives…evangelical extremists…organizing themselves to support and promote their beliefs, is absolutely their right, without question; speaking out against that myopic vision of our country is a right, too.  A right LZ Granderson exercised today…

Some social conservatives talk of protecting religious freedom, but what they are really seeking is a theocracy that places limits on freedom based on a version of Judeo-Christianity that fits their liking.That language is also being considered for the GOP’s national platform.

And John Avlon, also

So the real scandal is not just the sincere stupidity of Akin’s statement — it is the policy that undergirds it, enshrined in the Republican National Platform. The problem is bigger than politics, and that’s why it is worth discussing in this election, even when Akin is off the front pages.

…just to name two; I’ll be looking for the slightest excuse to post more.

Today Akin apologized for his comment and confessed he does understand that, yes, rape can cause pregnancy.  He also defied his party (from a safe perch behind Mike Huckabee’s microphone) and said he will not resign from the Senate race against Missouri’s Democratic incumbent senator; the applause and the apoplexy resume.  But Akin is not the issue…he’s only a symptom, and one to which an attentive citizenry needs to pay attention.

After that first step it’s pretty much all downhill the rest of the way

It seems I could not have been any more wrong about change being slow: here are more positive developments resulting from last week’s “quote approval” story from the New York Times (thanks to Jim Romenesko for the tips this morning).

After the Associated Press stood up for itself, and on the heels of McClatchy and the National Journal announcing they would not permit their reporters to give interview subjects the right to approve direct quotations for publication, the editor of the American Journalism Review has stepped up to say what most good journalists have been thinking: everyone must agree to just say no.  The sure way to stop government and campaign officials from, in essence, writing the stories about themselves that you and I read is for journalists to stop agreeing to this “pernicious practice.”

The editors at Bloomberg have made it as clear as can be—it’s one thing to negotiate to move an off-the-record quote on the record, but

What isn’t fine is sending quotes to the source or a press office for their revision or rewriting. In such a case, you would no longer know who is actually uttering/writing the words, and it is no longer a negotiation but a surrender of editorial control.

OK then, any other journalists out there still good with surrendering their editorial control?  Let’s see a show of hands…

A journey of a thousand miles begins with…

“Change is sure slow” I wrote last week; I was wrong, and couldn’t be more pleased about it.

I wrote that in a post based on a New York Times story about the growing practice of government and campaign officials demanding pre-publication approval of any direct quotes attributed to them in published news stories.  The big news media outlets that sheepishly admitted to giving “quote approval” to the subjects of their stories reacted as though they were helpless infants: if they refused they would lose access to the sources and not have the story at all…there was nothing they could do.

Nothing, except stand up to the bullies.  And prove the value of reporting a story, of shining the light of publicity on a corrupt practice.

The day after the Times story ran the Associated Press raised its hand to say it did not permit quote approval.  Soon after that Dan Rather and others weighed in; today it’s McClatchy and the National Journal stepping up to reclaim some of journalism’s tarnished heritage.  I feel confident this growing cascade of recognition of who journalists really work for isn’t going to dry up with the testimony of these disciples.  (Well done, Jeremy Peters and the Times.)

The point was true last week and remains true today: “No news publication can cede the responsibility to write its own story as its writers and editors see fit; to give up that authority to the people who are the subjects of the story is to erase any reason for you or me to believe anything they print.”  If more of them are coming around to the point of view that there is something they can do, that they can stand up to the bully, it’s just sad that they had to be embarrassed into doing the right thing.

The powers that be control the message—even more than you know

Here is another depressing argument that the reality you and I inhabit, and feel comfortable most days saying we have some control over, has been sanitized for our protection.

The New York Times reports that “quote approval” is a common practice with the Obama and Romney campaigns, but also among most of the government bureaucracy.  Campaign or government officials agree to an interview with the proviso that they get pre-publication approval as to “what statements can be quoted and attributed by name.”

The chutzpah is galling, yes?  But here’s the worst part: the reporters agree to the condition!

It’s nothing new for politicians to go to extraordinary lengths to manage the impressions we get of them, and that’s not all bad: I’d rather have leaders who take time to consider what they’re doing and how their actions will be perceived than leaders who don’t take a moment to think about alternative courses of action and their potential outcomes.  And remember, there is no requirement anywhere that any politician or candidate for office need ever consent to be interviewed; that’s just the way, historically, that they have communicated with the people who put them in power.  They’re free to ask for any condition at all in return for an interview.

But, the role of the journalist in our system is to report—to dig, to uncover, to reason, to relate, to provide context—so the rest of us can hold leaders to account for the actions that they do take.  It’s not the job of the journalist to help the leaders fabricate a version of reality that puts them in a more positive light, and letting them clean up their quotes is doing just that.  (This system doesn’t work for an interview that is broadcast live on television or radio or the Web…yea, TV and radio.)

The politicians themselves betray a little self-consciousness on the issue—“The Obama campaign declined to make Mr. Plouffe or Mr. Messina available to explain their media practices. ‘We are not putting anyone on the record for this story,’ said Katie Hogan, an Obama spokeswoman, without a hint of irony.”—and the Times story says reporters “grudgingly agree” to this restriction.

I would argue that they should not agree at all.  Giving in to the bully is not the way to get him to stop stealing your lunch money.

Politicians should have the fortitude to stand by whatever they say when they agree to an on-the-record interview, whether it’s broadcast on television or reported in a printed publication, and I’m disappointed to learn about some of those who demand the final rewrite as if they were negotiating a movie deal.  But journalists mustuphold a higher standard, and that means no more cooperating with the cover-up.  Today’s story in the Times is a good start, because now the rest of us have a better idea of what’s going on.  Shining a light on this stupid practice is the first step toward bringing it to an end.

I’d love to see a story that informed me “candidate so-and-so would only agree to an interview if The Daily Disappointment gave him authority to decide which quotes would be included in the story.”  No news publication can cede the responsibility to write its own story as its writers and editors see fit; to give up that authority to the people who are the subjects of the story is to erase any reason for you or me to believe anything they print.

The author and critic Louis Kronenberger wrote that “The trouble with us in America isn’t that the poetry of life has been turned to prose, but that it has been turned to advertising copy.”  He wrote that in 1954…change is sure slow.

→UPDATE 7/17:  Turns out that not all the reporters give “quote approval”–congratulations, Associated Press!

Health insurance law ruling will refocus fall campaign–away from the most important issues!

Let the predictable caterwauling begin: today the Supreme Court upheld the constitutionality of President Obama’s signature domestic policy achievement, the Patient Protection and Affordable Care Act, with Chief Justice John Roberts leading the majority on the 5-4 decision.

The heart of the disagreement over the law is its requirement that each of us Americans purchase health insurance, and the court has now ruled that the requirement does not violate the Constitution.

During oral arguments in March, conservative justices indicated they were skeptical about the individual mandate, the provision in the 2,700-page health-care law that requires nearly all Americans to obtain health insurance by 2014 or pay a financial penalty.

Arguing the case for the Obama administration, Solicitor General Donald B. Verrilli Jr. defended the law as a constitutional exercise of congressional power under the charter’s commerce clause to regulate interstate commerce. He said lawmakers were regulating health insurance to deal with the problem of millions of people who lack coverage and therefore shift costs to the insured when they cannot pay for their medical care.

Paul D. Clement, representing Florida and 25 other states objecting to the health-care law, argued that Congress exceeded its power in passing the law, which he said compels people to buy a product.

The court rejected Obama administration’s commerce-clause argument, but ruled 5-4 that Congress nevertheless “has the power to impose” the individual mandate under its taxing authority. The provision “need not be read to do more than impose a tax,” the opinion said. “This is sufficient to sustain it.”

Neither the plaintiffs in the case nor the Obama administration had argued before the court that the individual mandate was a tax.

(In fact, that is the point made—the only point made—in the story I saw when I clicked on the lead headline on FoxNews.comthis afternoon.)

The decision means that implementation of the new law should proceed, with the aim to get health insurance coverage for tens of millions of currently uninsured Americans; these are the people who currently access the most expensive health care around through emergency rooms and charity care, medical care that those of us who pay taxes are already footing the bill for anyway.

So, that’s settled.  Or not.  Arguably, the real heart of the disagreement is that this is Obama’s plan, and people who had supported similar health care insurance law revisions in the past (like the conservative Heritage Foundation and many Republicans; like the Commonwealth of Massachusetts, W. Mitt Romney, Gov.) opposed this one because it was Obama’s plan.  People like Mitch McConnell, and others who have proudly and publicly asserted that they will do whatever is required to make Barack Obama a one-term president (for whatever reason).

The dissent in the case will only fuel their fire: it argues that the Obamacare mandate that individuals purchase a product—health insurance—and its threatened denial of some Medicaid funding to states for non-compliance both unconstitutionally exceed government authority, and that since those provisions are crucial to making the system work, the entire statute should be tossed out…hmm, not much room for compromise here, I guess.

It’s unfortunate that the divide on the court was (except for Roberts) by perceived political ideology—for many people that’s going to reinforce the idea that the justices make their decisions based on politics rather than the law, and that will reinforce the left/right division in politics.  But it could have been worse: as David Franklin from DePaul University’s College of Law argues in Slate, Roberts found a way to uphold ACA in order to save the integrity of the Supreme Court.

A 5-4 decision to strike down Obamacare along party lines, whatever its reasoning, would have been received by the general public as yet more proof that the court is merely an extension of the nation’s polarized politics. Add the fact that the legal challenges to the individual mandate were at best novel and at worst frivolous, and suddenly a one-vote takedown of the ACA looks like it might undermine the court’s very legitimacy.

And, of course, health care is now likely to become the distraction center for a presidential campaign that I’d hoped would hold its focus on employment and the federal budget.

(We don’t need to spend time discussing how, in their rush to be first with the news, CNN and Fox both got the story completely wrong, do we?  Fish in a barrel…)

Here’s a smattering of the early reports on the court ruling, for your edification and delight: