Archives for category: Ethics

Peter Greene discovered that Ryan Walters, the State Superintendent of Education in Oklahoma, attempted to define “Woke” on a far-right website. WOKE is one of those new terms of opprobrium, like “critical race theory,” that Republicans despise but can’t define. Peter eagerly read Walters’ effort to defund Woke, but came away disappointed. It seems that Woke is whatever you don’t like. You may have seen the stories recently about Walters insisting that the Tulsa race massacre of 2021 had nothing to do with skin color, although as the Daily Beast reported, “white mobs killed as many as 300 Black residents and burned some 1,600 homes and businesses in what was known as Black Wall Street.”

Peter Greene writes:

Oklahoma’s head education honcho decided to pop up in The Daily Caller (hyperpartisan and wide variation in reliability on the media bias chart) with his own take on the Big Question–what the heck does “woke” mean? (I’ll link here, because anyone who wants to should be able to check my work, but I don’t recommend clicking through).

Walters tries to lay out the premise and the problem:

Inherent to the nature of having a language is that the words within it have to mean something. If they do not, then they are just noises thrown into a conversation without any hope of leading it anywhere. And when the meaning is fuzzy, it becomes necessary to define the terms of discussion. To wit, the word “woke” has gained a lot of popularity among those of us who want to restore American education back to its foundations and reclaim it from the radical left.

I’m a retired English teacher and I generally avoid being That Guy, particularly since this blog contains roughly sixty gabillion examples of my typo issues, but if your whole premise is that you are all for precise language, maybe skip the “to wit” and remember that “restore back” is more clearly “restore.”

But he’s right. The term “woke” does often seem like mouth noises being thrown into conversations like tiny little bombs meant to scare audiences into running to the right. However, “restore American education back to its foundation” is doing a hell of empty noising as well. Which foundation is that? The foundation of Don’t Teach Black Folks How To Read? The foundation of Nobody Needs To Stay In School Past Eighth Grade? Anyone who wants to talk about a return to some Golden Age of US Education needs to get specific about A) when they think that was and B) what was so golden about it.

But since he doesn’t. Walters is also making mouth noises when he points the finger at “opponents of this movement.” If we don’t know what the movement is, we don’t know exactly what its opposition is, either. Just, you know, those wokes over there. But let’s press on:

Knowing that many such complaints are made in completely bad faith because they do not want us to succeed, it would still be beneficial to provide some clarity as to what it means and — in the process — illustrate both the current pitiful state of American education and what we as parents, educators, and citizens can do about it.

Personally, I find it beneficial to assume that people who disagree with me do so sincerely and in good faith until they convince me otherwise. And I believe that lots of folks out on the christianist nationalist right really do think they’re terribly oppressed and that they are surrounded by evil and/or stupid people Out To Get Them. It’s a stance that justifies a lot of crappy behavior (can probably make you think that it’s okay to commandeer government funds and sneakily redirect them to the Right People).

But I agree that it would be beneficial for someone in the Woke Panic crowd to explain what “woke” actually means. Will Walters be that person? Well….

In recent years, liberal elites from government officials to union bosses to big businesses have worked to co-opt concepts like justice and morality for their own agendas that are contrary to our founding principles and our way of life.

I don’t even know how one co-opts a concept like justice or morality, but maybe if he explains what agenda he’s talking about and how, exactly, they are contrary to founding principles or our way of life, whatever that is.

But he’s not going to do that. He’s going to follow that sentence with another that says the same thing with the same degree of vaguery, then point out that “naturally, this faction of individuals” is after schools to spread their “radical propaganda.” Still no definition of woke in sight. No–wait. This next start looks promising–

Put simply, “woke” education is the forced projection of inaccurately-held, anti-education values onto our students. Further, to go after wokeness in education means that we are going after the forced indoctrination of our students and our school systems as a whole.

Nope. That’s not helping, either. “Projection” is an odd choice–when I project an image onto a screen, the screen doesn’t change. There’s “projection” when I see in someone else what is really going on in me, which might have some application here (“I assume that everyone else also wants to indoctrinate students into one preferred way of seeing the world”) but that’s probably not what he has in mind. I have no idea how one “forces” projection. “Inaccurately-held” is also a puzzler. The values are accurate, but they’re being held the wrong way? What does this construction get us that a simple “inaccurate” would not? And does Walters really believe that schools are rife with people who are “anti-education,” because that makes me imagine teachers simply refusing to teach and giving nap time all day every day, except for pauses to explain to students that learning things is bad. I suspect “education” means something specific to him, and this piece (aimed at a hyperpartisan audience) does seem to assume a lot of “nudge nudge wink wink we real Americans know what this word really means” which would be fine if the whole premise was not that he was going to explain what certain words actually mean.

Heather Cox Richardson describes the bitter factionalism among Republicans. They are going ever more extreme; the Freedom Caucus expelled Marjorie Taylor Greene for not being extreme enough. They spend their time attacking the military, the FBI, and the CIA. In addition to the time they spend attacking the integrity of elections. The Republican Party has become a wrecking ball for democratic institutions.

For the first time since 1859, the Marine Corps does not have a confirmed commandant. For five months, Senator Tommy Tuberville (R-AL) has held up the confirmation of about 250 Pentagon officers in protest of the Defense Department’s policy of enabling military personnel to travel to obtain abortion care. So when Commandant General David Berger retired today, there was no confirmed commandant to replace him. Assistant Commandant General Eric Smith will serve as the acting commandant until the Senate once again takes up military confirmations.

That a Republican is undermining the military belies the party’s traditional claim to be stronger on military issues than the Democrats. So does the attack of House Republicans on our nation’s key law enforcement entities—the Department of Justice and the Federal Bureau of Investigation—after traditionally insisting their party works to defend “law and order.”

David Smith of The Guardian this weekend noted that those attacks are linked to former president Trump’s increasing legal trouble.

MAGA Republicans are seeking to protect Trump by calling for impeaching President Biden, Secretary of Homeland Security Alejandro Mayorkas, Attorney General Merrick Garland, FBI director Christopher Wray (a Trump appointee), and U.S. attorney for the District of Columbia Matthew Graves, who has prosecuted those who participated in the January 6, 2021, attack on the U.S. Capitol.

The House Judiciary Committee, chaired by Jim Jordan (R-OH), and a subcommittee of the Judiciary Committee, also chaired by Jordan, have been out in front in the attacks on the DOJ and the FBI. The Select Subcommittee on the Weaponization of the Federal Government has been trying to dig up proof that Biden has “weaponized” the DOJ, the FBI, and the Department of Education against Republicans, especially those supporting former president Trump.

They have not turned up any official whistleblowers—the word “whistleblower” in government context means someone whose allegations have been found to be credible by an inspector general, but House Republicans seem to be using the word in a generic sense of someone with complaints—to support the idea that Biden has weaponized the government.

But Trump did. Last summer the New York Times reported that under Trump, the IRS launched a rare and invasive audit of former FBI director James Comey and Comey’s deputy Andrew McCabe, and Trump talked of using the IRS and the DOJ to harass Hillary Clinton, former CIA director John Brennan, and Jeff Bezos, owner of the Washington Post.

On Thursday, a sworn statement from Trump’s former White House chief of staff John F. Kelly confirmed that Trump asked about using the IRS and other agencies to investigate Peter Strzok and Lisa Page, two FBI agents looking into his 2016 campaign’s ties to Russia.

Another investigation has also backfired on the Trump Republicans. The House Ways and Means Committee has highlighted the testimony of Gary Shapley, a “whistleblower” from the Internal Revenue Service claiming that Attorney General Merrick Garland interfered with the investigation into Hunter Biden. Shapley said that Garland denied a request from U.S. attorney David Weiss, who was in charge of the case, to be appointed special counsel, which would officially have made him independent. On June 22 the committee released a transcript of Shapley’s testimony.

Garland promptly denied the allegation, but on June 28, Senator Lindsey Graham (R-SC), the top Republican on the Senate Judiciary Committee, sent a letter to David Weiss, U.S. attorney for Delaware, repeating the allegations. Weiss, a Trump appointee, replied today, saying he never requested special counsel status. Representative Jordan got around this direct contradiction of Shapley’s testimony by lumping Weiss in with those he’s attacking: “Do you trust Biden’s DOJ to tell the truth?” he asked.

And while the radical right has claimed that Biden is on the take for millions of dollars from foreign countries, today the key witness to that allegation was indicted for being a Chinese agent. Also today, LIV Golf, which is funded by Saudi Arabia’s sovereign wealth fund, announced it is moving its $50 million team championship from Saudi Arabia to Trump National Doral in Miami this October.

In May, LIV Golf allied with the nonprofit PGA Tour to create a new for-profit company in May, but today a prominent member of the PGA board, Randall Stephenson, resigned, saying he and most of the rest of the board were not involved in the deal and that he cannot “in good conscience support” it, “particularly in light of the U.S. intelligence report concerning Jamal Khashoggi in 2018.” (The report concluded that Saudi Crown Prince Mohammed bin Salman ordered the killing of Washington Post journalist Khashoggi.) Stephenson had delayed his resignation at the request of the board’s chair while the PGA Tour commissioner was on medical leave.

The Senate’s Permanent Subcommittee on Investigations is scheduled to start hearings on that merger tomorrow, but they are having trouble lining up witnesses who were involved in making the deal, which was achieved in secret negotiations and has infuriated many of the PGA Tour players.

The MAGA attacks on the Biden administration are part of a larger story. Trump supporters are consolidating around the former president and so-called Christian democracy. They are enforcing loyalty so tightly that the far-right House Freedom Caucus recently expelled Representative Marjorie Taylor Greene (R-GA) either because she is too close to House speaker Kevin McCarthy (R-CA) or because she called Representative Lauren Boebert (R-CO) a “little bitch” on the floor of Congress, or both. Like the far-right Southern Baptist Convention, which is hemorrhaging members but which nonetheless recently expelled one of its largest churches for permitting a female pastor, the MAGAs are purging their members for purity.

But their posturing worries Republicans from less safe districts who know such extremism is unpopular. Today, 21 members of the far right in the House wrote a letter to McCarthy saying they would oppose any appropriations bills that did not reject the June debt ceiling deal that kept the U.S. from defaulting on its debts, threatening to shut down the government. They also rejected any further support for Ukraine.

Larry Jacobs, who directs the Center for the Study of Politics and Governance at the University of Minnesota, told The Guardian’s Smith: “Independent voters, who tend to swing US elections that have become so close, don’t buy into the Trump line. You don’t see support for this unhinged view that the justice department and the FBI are somehow corrupt. There’s not support for that except in the fringe of the Republican party. The question, though, is does the fringe of the Republican party have enough leverage, particularly in the House of Representatives, to force impeachment votes and other measures?”

Alex Isenstadt of Politico wrote today that a new group called Win It Back, tied to the right-wing Club for Growth, which has ties to the Koch network, will run anti-Trump ads starting tomorrow. Americans for Prosperity, linked to billionaire Charles Koch, will also run ads opposing Trump.

Meanwhile, President Biden is on his way to Vilnius, Lithuania, for the 74th North Atlantic Treaty Organization (NATO) summit. NATO was formed in 1949 to stand against the Soviet Union, and now it stands against an expanding Russia. Today, NATO secretary general Jens Stoltenberg announced that Turkey has dropped its opposition to Sweden’s NATO membership. Hungary, which had also been a holdout, said earlier this month it would back Sweden’s entry as soon as Turkey did.

This means that the key issues before NATO will be Ukraine’s defense, and climate change, a reality that U.S. politicians can no longer ignore (although MAGA Republicans later this month will start hearings to stop corporations from incorporating environmental, social, and governance (ESG) goals into their future plans). Currently, forty-two million people in the U.S. South are locked in a devastating heat dome, and Vermont and New York are facing catastrophic flash floods.

President Biden told CNN yesterday that he does not support NATO membership for Ukraine while it is at war, noting that since NATO’s security pact means that a war on one automatically includes all, admitting Ukraine would commit U.S. troops to a war with Russia. Instead, NATO members will likely consider continuing significant military support for Ukraine.

New York City’s retired municipal employees are battling the Eric Adams administration and their own unions, who want the retirees to switch from Medicare to a for-profit Medicare advantage program run by Aetna. The city expects to save $600 million a year by switching its employees to Aetna. (Aetna’s CEO is the highest paid person in the health insurance industry at $27.9 million per annum.)

Arthur Goldstein recently retired after a teaching career of nearly forty years, mostly teaching English language learners in high school. He is outraged that the city and his union want to take away the health insurance that he worked for and substitute an inferior Medicare Advantage plan. The city claims that MA is better than Medicare, but where will that $600 million in savings come from? Where will Aetna’s profit come from?

Two sources of savings and profits:

1. Denial of service. If Aetna does not approve a major procedure recommended by your doctor, you won’t get it. You can appeal; maybe your appeal will win. Maybe not. Medicare does not question your doctor’s medical advice.

2. If your doctor is not in network, he or she won’t be paid.

Arthur Goldstein writes:

I need a union to protect me, along with my brothers and sisters, from our adversaries. Our number one adversary is our employer, currently embodied in Mayor Eric Adams. When Mayor Eric Adams says he wants to degrade our health benefits, I’m glad to stand with my union to fight. When Mayor Eric Adams says he wants to give us a compensation increase barely one-third of inflation, I’m ready to descend upon City Hall with all my union brothers and sisters.

Our leadership, though, has asked for neither. Instead of that, they’ve asked me to stand up for a “fair contract.” The contract, though, contained both of the glaring flaws noted above. Leadership wanted me to go to Starbucks and have people there see me work. I don’t set foot in Starbucks unless one of my students gives me a gift card. Starbucks is virulently anti-union, and I have better coffee at home.

I’ve been writing for months about how our leadership has sold out our retirees (and now I am one). I have been quite active opposing private corporate insurance for retirees. I don’t want some clerk at Aetna determining I don’t need care my doctors deem necessary. In service members do not need a plan that’s 10% cheaper than GHI-CBP. How many more doctors need to drop our plan before Mulgrew climbs out of bed with Adams?

Last week, on one of the hottest days of the year, I stood outside with both retirees and active members while the independent Organization of NYC Retirees went to court to stand for us. By the next day, there was a ruling that this downgrade could cause us “irreparable harm.” They embodied not only activism, but successful activism.

Let me ask you this—if our union leadership supports things that cause us irreparable harm, why should we be at their beck and call? Why should we get out there and demand a sub-inflation raise? Why should we demand a contract that does nothing to address the downgrade of our health care?

As I’m asking this, a lot of members have more fundamental issues. A few years back, I was chapter leader of the largest school in Queens (an odd position for someone who opposes activism). I was ready to strike for safety. Members announced, with no shame whatsoever, that they’d be scabs. This tells me they don’t even know what union is.

Whose fault is that? We, as a society, don’t really teach about labor and union. I kind of learned as I went along. There is a great book called Beaten Down, Worked Up by Steven Greenhouse. If you read it, you’ll get a laundry list of things that UFT does NOT do. We could strike, or we could do a whole lot of things short of that. But that’s not how our leadership thinks. I’ll bet you dimes to dollars Michael Mulgrew, except possibly when he read my blog, has never even heard of this book.

That’s why we are asleep. We call Mulgrew and the Unity Caucus “the union,” as though we aren’t even part of it. Whole swaths of us think of Mulgrew as our mommy, and think he should come around and personally help when we are in trouble. Mulgrew’s caucus encourages that false dependency.

In fact, they are the ones who don’t want activism. The very notion of it makes them quake in their boots. If we were truly active, we would not stand for their sellouts. We would not stand for diminished health care. We would not stand for wholly insufficient compensation increases. We would not have 20% participation in union elections. Crucially, we would not have a caucus that doesn’t even know what union is running our union.

I wholly support activism. What I just saw in union leadership was a carefully choreographed rush to a contract. There were few opportunities to examine, discuss or question it. There was a kabuki dance of demonstrations to support whatever leadership wanted, and we were all supposed to believe that these petty actions had something to do with realizing a contract. The fact is the contract was set once DC37 agreed. We had absolutely nothing to say about compensation or health care, our most critical issues.

Leadership thinks we are stupid. Leadership hires people solely for the quality of obsequiousness, and many of these hires may indeed be stupid. But I know a whole lot of smart teachers. They can’t fool all of us. A lot of us who won’t be fooled are, in fact, the most active members they have.

I admire activism. That’s why I contributed to NYC Retirees, who went out and protected us from the machinations of Mulgrew and his fellow union bosses. You should do so as well, and here is how.

Let’s be active. Let’s promote activism. And let’s be done with the delusion activism what current leadership wants from us. We are union, we will stand up, and we will protect ourselves.

And very soon, we will vote those bastards out and take charge.

Open the link to read in full.

Carol Hillman was a teacher for many years in Pennsylvania, and she ran a consulting service that encouraged rural youth to attend college. When she and her husband Arnold retired (he is also an educator), they moved to South Carolina. They must have expected to lead a quiet life, but they immediately became involved with rural high schools, where the students are Black and impoverished. They worked tirelessly to help students set their sights on going to college.

Carol wanted to share some of her life’s lessons with other teachers.

She wrote:

To teachers everywhere……..

Regardless of what subject we teach we share the responsibility to help our students prepare for their futures. Middle school students need to begin to think about, and high school students must further explore, the ways in which they shape their futures through their own actions.

Each of these prompts provide a topic you might invite your students to consider. Students will appreciate the opportunity to share their own opinions and need to learn to consider the opinions of their peers. In examining these ideas students will be using abstract thinking and higher orders of thinking.

You can limit discussion to a set day and/or time or invite students to address concepts in a journal you are willing to read.

If you have a school newspaper or yearbook you might include student comments on different topics.

Do they agree that a particular idea is valuable? If so, why or why not?

Class discussion will help students give examples of how the concepts apply to real life.

•Enjoy change because it’s the only thing we can predict.

•Have the courage to face new challenges.

•Accept that you can control your own behavior.

•Surround yourself with people who value you.

•Embrace diversity so you can enjoy other people, places and things.

•Understand that the world needs good followers and good leaders.

•Define and redefine your personal goals.

•Know when to accept help and when to say, “I can do this myself.”

•Show that you value others so you can keep old friends and make new ones.

•Know the joy of celebrating small accomplishments as they are the building blocks of a good life.

•Welcome new experiences to expand your knowledge and interests.

•Cooperate so you can become a constructive member of your community.

•Keep your promises so people can trust you.

•Understand that successful people know when to quit and move on.

•Take pride in your accomplishments.

•Accept that while you can’t always control what happens to you, you can control how you react to it.

•Understand that the best motivation comes from within.

•Recognize that you can make the world a better place.

If you have questions about these prompts and how to present them, feel to contact me at carol@scorsweb.org

Thank you,

Carol Hillman

Heather Cox Richardson writes about the recent Moms for Liberty convention in Philadelphia, which drew the leading Republican presidential candidates. An unusual feat for an organization founded only two years ago. By contrast, she says, there is a forward movement across the nation, spurred by Biden’s successful economic policies. Will the public fall for fear or vote for progress? To read the footnotes, open the link.

She writes:

For more than a week now, I have intended to write a deep dive into the right-wing Moms for Liberty group that held their “Joyful Warriors National Summit” in Philadelphia last week, only to have one thing or another that seemed more important push it off another day. This morning it hit me that maybe that’s the story: that the reactionary right that has taken so much of our oxygen for the past year is losing ground to the country’s new forward movement.

Today the jobs report from the Bureau of Labor Statistics pushed ahead of them by showing that the U.S. economy added 209,000 jobs in June. The rate of job growth is slowing but still strong, although the economy showed that the Black unemployment rate, which had been at an all-time low, climbed from 4.7% to 6%. Since Black workers historically are the first to lose their jobs, this is likely a signal that the job market is cooling, which should continue to slow inflation.

In the Washington Post, Jennifer Rubin called out the media outlets so focused on the idea that Biden would mismanage the economy and that recession was imminent that they have ignored “29 consecutive months of job growth, inflation steadily declining, durable goods having been up for three consecutive months, 35,000 new infrastructure projects, an extended period in which real wages exceeded inflation and outsize gains for lower wage-earners.” As reporters focused on the horse-race aspect of politics and how voters “felt” about issues, she noted, “[w]e have seen far too little coverage of the economic transformation in little towns, rural areas and aging metro centers brought about by new investment in plants, infrastructure projects and green energy related to the Chips Act.”

Also of note is that today is Treasury Secretary Janet Yellen’s first day of talks with top Chinese officials in Beijing, where she will also talk to U.S. business leaders. At stake is the Biden administration’s focus on U.S. national security, which includes both limiting China’s access to U.S. technology that has military applications and bringing supply chains home. China interprets these new limitations as an attempt to hurt its economy. Yellen is in Beijing to emphasize that the U.S. hopes to maintain healthy trade with China but, she told Chinese Premier Li Qiang, “The United States will, in certain circumstances, need to pursue targeted actions to protect its national security.”

Meanwhile, China’s faltering economy has led to new rules that exclude foreign companies, leading U.S. businesses to reconsider investments there. Chinese leaders have tried to reassure foreign business leaders that they are welcome in China, while Yellen told U.S business leaders: “I have made clear that the United States does not seek a wholesale separation of our economies. We seek to diversify, not to decouple. A decoupling of the world’s two largest economies would be destabilizing for the global economy, and it would be virtually impossible to undertake.”

The success of Biden’s policies both at home and abroad has pushed the Republican Party into an existential crisis, and that’s where Moms for Liberty fits in. Since the years of the Reagan administration, the Movement Conservatives who wanted to destroy the New Deal state recognized that they only way they could win voters to slash taxes for the wealthy and cut back popular social problems was by whipping up social issues to convince voters that Black Americans, or people of color, or feminists, wanted a handout from the government, undermining America by ushering in “socialism.” The forty years from 1981 to 2021 moved wealth upward dramatically and hollowed out the middle class, creating a disaffected population ripe for an authoritarian figure who promised to return that population to upward mobility by taking revenge on those they now saw as their enemies.

In the past two years, according to a recent working paper by economists David Autor, Arindrajit Dube, and Annie McGrew, Biden’s policies have wiped out a quarter of the inequality built in the previous forty. And at the same time that Biden’s resurrection of the liberal consensus of the years from 1933 to 1980 is illustrating that the economic problems in the country were the fault of Republican policies rather than of marginalized people, the extremism of those angry Republican footsoldiers is revealing that they are not the centrist Americans they have claimed to be.

Moms for Liberty, which bills itself as a group protecting children, organized in 2021 to protest mask mandates in schools, then graduated on to crusade against the teaching of “critical race theory.” That, right there, was a giveaway because that panic was created by then-journalist Christopher Rufo, who has emerged as a leader of the U.S. attack on democracy.

Rufo embraces the illiberal democracy, or Christian democracy, of Hungarian prime minister Viktor Orbán, saying: “It’s time to clean house in America: remove the attorney general, lay siege to the universities, abolish the teachers’ unions, and overturn the school boards.” Radical right activists like Rufo believe they must capture the central institutions of the U.S. and get rid of the tenets of democracy—individual rights, academic freedom, free markets, separation of church and state, equality before the law—in order to save the country.

Because those central democratic values are taught in schools, the far right has focused on attacking schools from kindergartens to universities with the argument that they are places of “liberal indoctrination.” As a Moms for Liberty chapter in Indiana put on its first newspaper: “He alone, who OWNS the youth, GAINS the future.” While this quotation is often used by right-wing Christian groups to warn of what they claim liberal groups do, it is attributed to German dictator Adolf Hitler. Using it boomeranged on the Moms for Liberty group not least because it coincided with the popular “Shiny Happy People” documentary about the far-right religious Duggar family that showed the “grooming” and exploitation of children in that brand of evangelicalism.

Moms for Liberty have pushed for banning books that refer to any aspect of modern democracy they find objectionable, focusing primarily on those with LGBTQ+ content or embrace of minority rights. During the first half of the 2022–2023 school year, PEN America, which advocates for literature, found that 874 unique titles had been challenged, up 28% from the previous six months. The bans were mostly in Texas, Florida, Missouri, Utah, and South Carolina. A study by the Washington Post found that two thirds of book challenges came from individuals who filed 10 or more complaints, with the filers often affiliated with Moms for Liberty or similar groups. And in their quest to make education align with their ideology, the Moms for Liberty have joined forces with far-right extremist groups, including the Proud Boys, the Three Percenters, sovereign citizens groups, and so on, pushing them even further to the right.

Although the Southern Poverty Law Center labeled Moms for Liberty an “extremist group” that spreads “messages of anti-inclusion and hate,” the group appeared to offer to the Republican Party inroads into the all-important “suburban woman” vote, which party leaders interpret as white women (although in fact the 2020 census shows that suburbs are increasingly diverse—in 1990, about 20% of people living in the suburbs were people of color; in 2020 it was 45%).

When Moms for Liberty convened in Philadelphia last week, five candidates for the Republican presidential nomination, including Trump, showed up. Former South Carolina governor Nikki Haley told them: “When they mentioned that this was a terrorist organization, I said, ‘Well then, count me as a mom for liberty because that’s what I am.”

But here’s the crisis for the Republican Party: Leaders who wanted tax cuts and cuts to social programs relied on courting voters with cultural issues, suggesting that their coalition was protecting the United States from radicalism.

But the Republican embrace of Moms for Liberty illustrates dramatically and to a wide audience how radical the party itself has become, threatening to turn away all but its extremist base. A strong majority of Americans oppose book banning: about two thirds of the general population and even 51% of Republicans oppose it, recognizing that it echoes the rise of authoritarians.

As historian Nicole Hemmer points out today for CNN, Moms for Liberty are indeed a new version of “a broader and longstanding reactionary movement centered on restoring traditional hierarchies of race, gender and sexuality” that in the U.S. included the women of the Ku Klux Klan in the 1920s and segregationists who organized as “Restore Our Alienated Rights” (ROAR) in the 1970s. Hemmer observes: “The book bans, the curricula battles, the efforts to fire teachers and disrupt school board meetings—little here is new.”

In the past, a democratic coalition has come together to reject such extremism. If it does so again, the Republican marriage of elites to street fighters will crumble, leaving room for the country to rebuild the relationship between citizens and the government. When a similar realignment happened in the 1930s under Democratic president Franklin Delano Roosevelt, the Republican Party had little choice but to follow.

Robert Hubbell shares some interesting and informative comments about our Supreme Court, which seems determined to roll back the past century of social progress. The Court is whittling away—in some cases, hacking away—at our rights. Whereas we long believed that the High Court would always defend the rights of citizens, we can no longer count on it. The Court majority seems determined to impose a far-right “Originalist” philosophy on the entire nation. Of course, if they were really Originalists, pretending that it was 1790, Amy Coney Barrett and Clarence Thomas would resign at once. The Founding Fathers never imagined that women and Blacks would vote, become lawyers and judges. Resign, Amy and Clarence.

Robert Hubbell writes:

Last week’s rulings from the Supreme Court continue to lead the news as the nation celebrates the 4th of July holiday. The Washington Post’s headline reads Biden faces renewed pressure to embrace Supreme Court overhaul. The details matter less than the fact that the notion of Supreme Court reform is the top story on a day when the Court issued no opinions. And the Supreme Court is top of mind for many readers, many of whom recommended articles and action items for other readers in yesterday’s Comment section. Chief among those recommendations was Rebecca Solnit’s exhortation in The Guardian, The US supreme court has dismantled our rights but we still believe in them. Now we must fight.

Solnit is a gifted writer who hit the mark in capturing the feelings of millions of Americans. She first addresses the feelings of anger and frustration about a Court that is out of control:

The first thing to remember about the damage done by the US supreme court this June and the June before is that each majority decision overturns a right that we had won. [¶]

Each of those victories was hard-won, often by people who began when the rights and protections they sought seemed inconceivable, then unlikely, then remote, and so goes the road of profound change almost every time. [¶]

To recognize the power of this change requires a historical memory. . . . Memory is a superpower, because memory of how these situations changed is a memory of our victories and our power. Each of these victories happened both through the specifics of campaigns to change legislation but also through changing the public imagination. The supreme court can dismantle the legislation but they cannot touch the beliefs and values.

In words that I wish I had written, Solnit urges us to action:

[H]istory shows us that when we come together with ferocious commitment to a shared goal we can be more powerful than institutions and governments. The right would like us to feel defeated and powerless. We can feel devastated and still feel powerful or find our power. This is not a time to quit. It’s a time to fight.

Other readers shared Jennifer Rubin’s op-ed in The Washington Post, Self-government is worth defending from an illegitimate Supreme Court.

On this Independence Day, we should reaffirm the twin pillars of democracy: Voters (not the mob) pick their leaders, and elected leaders (not unelected judges) make policy decisions for which they are held accountable.

On this Independence Day, we should reaffirm the twin pillars of democracy: Voters (not the mob) pick their leaders, and elected leaders (not unelected judges) make policy decisions for which they are held accountable.

Rubin identifies the many ways in which the Court has strayed from its legitimate role as a judicial body (familiar ground for readers of this newsletter) but highlights the particularly destructive role of the “Major Questions Doctrine.” That judge-made doctrine arrogates to the Court the right to overturn any decision by a federal agency with which the reactionary majority disagrees. The pseudo-rationale for the doctrine is that if Congress intends to delegate discretion to federal agencies on “major questions,” it should use a level of specificity that is to the liking of the Supreme Court.

Says who?

The doctrine was invented from whole cloth to justify judicial activism in service of an anti-government agenda. As Jennifer Rubin writes,

The mumbo-jumbo “major questions doctrine” is not the stuff of judging. No wonder the chief justice got touchy when Kagan pointed out that the court “is supposed to stick to its business — to decide only cases and controversies and to stay away from making this Nation’s policy about subjects like student-loan relief.”

Ian Millhiser explains the Major Questions Doctrine in detail in his article in Vox, entitled, The Supreme Court’s student loan decision in Biden v. Nebraska is lawless and completely partisan. Millhiser does not mince words:

Let’s not beat around the bush. The Supreme Court’s decision in Biden v. Nebraska, the one canceling President Joe Biden’s student loan forgiveness program, is complete and utter nonsense. It rewrites a federal law which explicitly authorizes the loan forgiveness program, and it relies on a fake legal doctrine known as “major questions” which has no basis in any law or any provision of the Constitution.

Roberts’s opinion in Nebraska effectively overrules the decision of both elected branches of government. It overrides Congress’s unambiguous decision to give this power to the secretary of Education. And it overrules the executive branch’s judgment about how to exercise the authority that Congress gave it. As Kagan writes in dissent, “the Secretary did only what Congress had told him he could.”

Like Rebecca Solnit, Jennifer Rubin ends her op-ed on a note of optimism and determination to right the wrongs of the Court:

On this Independence Day, which celebrates rebellion against a monarch lacking consent of the governed, it behooves us to dedicate ourselves to robust and authentic democracy: government of the people, by the people, for the people — not by arrogant right-wing justices….

Without regard to any of the present controversies surrounding the Court, substantially increasing the Court’s size is a reasonable proposition. But considering the Court’s descent into illegitimacy and usurpation of legislative power, increasing its size substantially is an easy call: We must do it to overcome the reactionary majority. We have no other choice.

Enlarging the Court requires only a majority vote in both chambers of Congress, while virtually every other structural reform would require a constitutional amendment—a 2/3rds approval in both chambers of Congress and ratification by 3/4ths of the states. That will never happen. (If you propose imposing 18-year term limits, I urge you to read the plain words of the Constitution: Article III Section 1 | U.S. Constitution.)

Urgency is required. As reader John C. posted in response to my 4th of July newsletter,

I agree that the long term looks promising, but many people cannot wait for the long term. Women who want abortions, victims of gun violence, refugees, same-sex couples who want goods or services, students who are barred from colleges, and so forth are suffering now and lack the luxury of waiting.

We can work our way out of this daunting situation in the short term at the ballot box—by retaking the House and defending the Senate in 2024. And then demand boldness from our leaders. While they have temporized and appointed commissions and fretted about the “legitimacy” of an enlarged Court, tens of millions of Americans have been injured by a rogue Court that abandoned the rule of law and adopted the agenda of religious nationalism. The solution is staring us in the face and is within our grasp. Let’s take it!

In the words of Rebecca Solnit, “This is not a time to quit. It’s a time to fight.”

And if you are looking for guidance on where and how to direct your fighting spirit, there is no better place to look than Jessica Craven’s Chop Wood Carry Water on Substack. Her post on the 4th of July is filled with action steps you can take, including word scripts for calling your elected officials in Washington, D.C., and important organizing / fundraising events, such as:

  • An event on Wednesday, July 5th at 5:30 PM Eastern with Senator Sherrod Brown and Ohio Democratic Party Chairwoman Liz Walters about how you can help get out the “NO” vote in the Ohio special election set for August 8th. Register here.
  • A Force Multiplier event with Senators John Tester and Raphael Warnock on Monday, July 10, 7:00 PM Eastern. The event will help build grass roots support for Senator Tester in what is expected to be a hard-fought campaign. Register and donate here.

While you are at it, sign up for Jessica Craven’s Chop Wood, Carry Water for the latest on daily actions you can take to help defend democracy!

Please open the link to read Robert Hubbell’s concluding thoughts.

Greg Olear is a novelist and journalist who writes a blog called PREVAIL. The following post appeared there. I post only part of it. If you want to see his complete list of Leonard Leo’s claque, open the link and continue reading. This is part one of a two-part report.

Greg Olear writes:

He’s one of the most powerful individuals in the country. His spiderweb of connections is extensive. But most Americans, including many working in Washington, have never heard of him.

Occupying the center of an intricate web of political, legal, religious, and business connections, Leonard Leo is the quintessential Man in the Middle, a veritable dark-money spider. Like a spider, he is patient, painstaking, relentless, and much more powerful that he appears. And like a spider, he prefers to stay hidden.

I first wrote about him in February 2021, in a piece called “Leo the Cancer.” Leo, who I described as “a dandier George Constanza, or if The Penguin worked at Jones Day,” has, I explained,

made himself one of the most powerful figures in the United States. He’s put five—count ‘em, five!—justices on the Supreme Court: Amy Coney Barrett, Brett Kavanaugh, Neil Gorsuch, Sam Alito, and John Roberts. A sixth, Clarence Thomas, is one of his closest friends. And, perhaps most impressively, he quietly led the 2016 crusade to deny Merrick Garland a hearing, when Barack Obama nominated the highly-regarded jurist to replace the late Antonin Scalia (another of Leo’s pals). In the lower courts, he’s been even busier. He’s installed so many judges on so many courts, it makes you wonder if he really is the instrument of God’s will he believes himself to be. I mean, there are only three branches of government. One of those three—arguably the most important one—is Leonard Leo’s domain.

When I began researching that piece, I didn’t know much about the guy beyond his silly, comic-book-villain name. I was surprised to discover that he was, like me, a middle-class product of Catholic upbringing and Italian descent who graduated from a public high school in New Jersey—not at all the well-heeled, oenophilic Master of the Universe he has become. He’s also much younger than I expected; born in 1965, he’s solidly Gen X—only seven years older than Yours Truly.

Yet Leonard Leo, somehow, is the individual most responsible for stripping away federal abortion rights. (The anniversary of the odious Dobbs decision was this past weekend.) As his admiring chum Ed Wheelan presciently wrote in 2016, “No one has been more dedicated to the enterprise of building a Supreme Court that will overturn Roe v. Wade than the Federalist Society’s Leonard Leo.”

As Politico reported—and as I outlined on these pages three months ago—Leo has been rewarded handsomely for his troubles. “I personally don’t believe that Leonard is motivated by greed,” Steven Calabresi, who founded the Federalist Society with Leo and still runs the organization, told Politico. “I think Leonard is motivated by ideology and ideas. I do think he likes to live a high-rolling lifestyle, but I don’t think he’s in the business because of the money.”

To be fair, Leo does spread that money around. He endows more organizations than I can succinctly list here. Friends like Ginni Thomas get a taste. He brings his SCOTUS cronies on lavish fishing trips with his billionaire backers. And yet Payoff Lenny—as I call him—has amassed a fortune for himself, and spends that fortune lavishly: on tailored suits, palatial vacation homes in Maine, and bottles of wine that cost more that what most Americans pay for a month’s rent.

Jesus liked wine, yes, and Jesus hung out with fishermen, sure, but I’m not sure the Son of God would approve of Leo’s stockpile of dirty loot—although his fellow Knights of Malta don’t seem to mind. Money washes away a lot of sins, as anyone familiar with the history of the Catholic Churchwell knows.

And so the rich and powerful Leonard Leo presides spider-like over Washington, moving chess pieces across the great board, raising unfathomably vast sums of money, and cultivating his extensive network, which I have attempted to map out here.

Note: Leo has so many connections that it became unwieldy to confine them to a single dispatch. In today’s installment, I will cover the judges, non-profiteers, lawyers, media members, and titled Europeans. Part Two will focus on the billionaire donors, the politicians, and the religious contacts.


Judges

Antonin Scalia (1936-2016), Clarence Thomas (b. 1948), John Roberts (b. 1955), Sam Alito (b. 1950)
Supreme Court justices

Leonard Leo worshiped at the altar of Scalia, has been close with Thomas for decades and regards him as a sort of godfather, and worked maniacally to secure the confirmations of Roberts and Alito. Thomas and Alito, in particular, he remains tight with, as recent reporting by ProPublica has made clear.

Regarding Alito, the author of the dreadful Dobbs decision: in his 2018 Daily Beast piece on Leo, Jay Michelson points out that “few people had heard of [Alito] before Leo first promoted him.” Alas, we’ve all heard of that sneeringly arrogant dickhead now.

To learn more about Leonard Leo’s circle, open the link and keep reading.

A blog reader who identifies as “Democracy” argues that today’s Republican Party, which prizes individualism over the common good has abandoned the vision of the Founding Fathers.

It appears that Ron DeSantis and the entirety of the Republican Party is in direct opposition to American history and the United States Constitution.

The Founders envisioned a democratic society “in which the common good was the chief end of government.” They agreed with John Locke’s view that the main purpose of government –– the main reason people create government –– is to protect their persons through –– as historian R. Freeman Butts put it –– a social contract that placed “the public good above private desires.” The goal was “a commonwealth, a democratic corporate society in which the common good was the chief end of government.”

The Preamble – the stated purposes – of the Constitution, reads

“We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.”

In Article I, Section 8 of that document, the legislative branch is given broad, specific powers (among them taxing, borrowing money, regulating commerce, coining money and regulating its value, etc.). Indeed, Article I, Clause 1 gives Congress the power to tax for “the common defence and general Welfare of the United States.” Clause 18 of Section 8 stipulates that Congress had the power “To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers.”

Two Supreme Court decisions early in the republic’s history –– both unanimous –– supported and cemented a broad – liberal – interpretation of the implied powers of Congress.

Republicans call them “socialism.”

In 1819 (McCullough v. Maryland) the Supreme Court reaffirmed that the U.S. government was “a Government of the people. In form and in substance, it emanates from them. Its powers are granted by them, and are to be exercised directly on them, and for their benefit.”

The Court explicitly reaffirmed that one of the critical purposes of government under the U.S. Constitution is to promote the general welfare “of the people.”

In that case, Chief Justice Marshall wrote this about the necessary and proper clause:

“the clause is placed among the powers of Congress, not among the limitations on those powers.” And he added this: “Its terms purport to enlarge, not to diminish, the powers vested in the Government. It purports to be an additional power, not a restriction.”

In Gibbons v. Ogden (1824) Chief Justice Marshall wrote this about the Congressional commerce power:

“This power, like all others vested in Congress, is complete in itself, may be exercised to its utmost extent, and acknowledges no limitations other than are prescribed in the Constitution.”

The history of the United States, and the Constitution, over time, reflect progressive changes. The American Revolution was a progressive movement inspired by the ideas of Enlightenment thinkers; conservatives opposed it. The early expansion of voting rights to those who didn’t own land was progressive, and conservatives of the day fought
against it. The purchase of the Louisiana Territory, a purchase that doubled the size of the fledgling United States, rested on a liberal interpretation of constitutional authority. U.S. government funding of roads and canals relied on a liberal perspective of Congressional commerce power. Those roads and canals were instrumental to economic growth and prosperity, not unlike federal funding of interstate highways, the Internet, medical research, and health care.

And yet, the Republican Party is filled with people who basically reject all of this in favor of sedition.

As David Blight, Yale professor of American history put it,

“Changing demographics and 15 million new voters drawn into the electorate by Obama in 2008 have scared Republicans—now largely the white people’s party—into fearing for their existence. With voter ID laws, reduced polling places and days, voter roll purges, restrictions on mail-in voting, an evisceration of the Voting Rights Act of 1965, and a constant rant about ‘voter fraud’ without evidence, Republicans have soiled our electoral system with undemocratic skullduggery…The Republican Party has become a new kind of Confederacy.

Obviously, public education has a central – critical – role to play here. Here’s how Will and Ariel Durant explained it in ‘The Lessons of History’ (1968):

“Civilization is not inherited; it has to be learned and earned by each generation anew; if the transmission should be interrupted for one century, civilization would die, and we should be savages again.”

Michael Hiltzik, the invaluable columnist for the Los Angeles Times, wrote about the medical experts who pushed bad advice on COVID, costing innumerable lives, but never paid a price.

They’ve held credentials from some of the world’s most elite universities — Harvard, Stanford, Johns Hopkins, Oxford. They’ve been welcomed into the highest government policy councils. They became fixtures on television news shows and were quoted incessantly by some of the nation’s leading newspapers.


They’re a cadre of academics and scientists who pushed a discredited solution to the COVID pandemic, shunning masks, school closings, even vaccines, all in the name of reaching the elusive goal of “herd immunity,” resulting in what may have been hundreds of thousands of unnecessary American deaths.


That’s the contention of “We Want Them Infected,” a painstakingly documented new book by Jonathan Howard, a neurologist at New York University and a veteran debunker of the pseudoscience contaminating our efforts to fight the pandemic.

Howard takes his title from Paul Alexander, an epidemiologist in the Health and Human Services Department during the Trump administration.
In July 2020, Alexander offered his view of how to exploit the relative risks of COVID to discrete populations to reach herd immunity. The idea was that so many people would eventually become naturally infected with the virus, and therefore immune from further infection, that the virus would be unable to spread further.


“Infants, kids, teens, young people, young adults, middle aged with no conditions etc. have zero to little risk,” he told top HHS officials. “So we use them to develop herd … we want them infected.”
Alexander’s proposal was essentially a screed against lockdowns. That suited the Trump White House, which was searching for ways around the economic dislocations caused by the virus. But he was wrong about the toll of sickness and death that would result, allowing the virus to rage among these ostensibly low-risk groups, and wrong about the prospects of reaching herd immunity naturally.

“We Want Them Infected” may be the most appalling and infuriating book you’ll read about America’s response to the pandemic. It’s also essential reading.


The book is populated by quacks, mountebanks and charlatans — and not a few scholars with distinguished academic records — many of whom appear to have been seduced by the embrace of the right-wing echo chamber into promoting unproven and disproved policies.


“It’s unbelievable that while doctors like myself were working to treat sick COVID patients, begging people to stay at home and be safe,” Howard told me, “there was another group of doctors working at cross-currents to us — prominent doctors wanting to purposely infect unvaccinated young people with the promise that herd immunity would arrive in a couple of months.”


They consistently minimized the gravity of the pandemic, but rarely if ever acknowledged that their optimistic forecasts of illness and deaths were consistently proved wrong.


There are a number of problems with the herd immunity theory. One is that immunity from COVID infection tends to wane over time rather than become permanent. Also, infection with one variant of the virus doesn’t necessarily confer immunity from other variants, of which there have been many.

Another problem is that COVID can be a devastating disease for victims of any age. Allowing anyone to become infected can expose them to serious health problems.


Moreover, the prospect that COVID could be defeated by the natural expansion of herd immunity persuaded many people not to bother with proven countermeasures, including social distancing, masking and vaccination.

Today, more than three years after COVID first appeared, the U.S. still has not achieved herd immunity although it is nearing the goal, in the view of Robert Wachter, chair of the department of medicine at UC San Francisco. The disease’s trajectory has been cataclysmic — the U.S. death toll stands at 1.13 million, hundreds of children have died, and an estimated 245,000 children have lost one or both parents to COVID. The U.S. leads the world in COVID deaths; its death rate of 3,478 per million population is worse than that of Britain, Spain, France, the Nordic countries, Canada and Israel.


Some herd immunity advocates offered their blithe forecasts in a misguided, if not dishonest, attempt to provide comfort to the American public. Scott Atlas, a senior fellow at the Hoover Institution of Stanford University, urged HHS officials in March 2020 to advocate against lockdowns on grounds they were “inciting irrational fear” of the virus, which he estimated would cause about 10,000 deaths. “The panic needs to be stopped,” Atlas wrote.


Atlas soon became a top advisor to Trump, promoting the herd immunity theory in the White House despite the objections of more experienced advisors such as Dr. Deborah Birx.


Howard is especially disturbed at how politicizing the pandemic has allowed fringe ideas to infiltrate public health policies.


“In 2019 you would have been considered a quack if you suggested that the best way to get rid of a virus is to spread the virus,” he says. “But that became mainstream and influenced politicians at the highest levels.”


In his book, Howard reserves his deepest scorn for the promoters of the “Great Barrington Declaration,” a manifesto for herd immunity published in October 2020 and signed initially by epidemiologists Jay Bhattacharya of Stanford; Martin Kulldorff, then of Harvard; and Sunetra Gupta of Oxford. (Thousands of other academics and scientists would later add their signatures.)


The core of the declaration was opposition to lockdowns. Its solution was what its drafters called “focused protection,” which meant allowing “those who are at minimal risk of death to live their lives normally to build up immunity to the virus through natural infection, while better protecting those who are at highest risk” — chiefly seniors.


Older people living at home, the declaration said, should be kept apart from other family members except by meeting them outside, and “should have groceries and other essentials delivered to their home.”

Focused protection, the promoters wrote, would allow society to achieve herd immunity and return to normalcy in three to six months.


As Howard documents, the declaration was little more than a libertarian fantasy. That may not have been surprising, because one of its organizers was an arch-libertarian named Jeffrey Tucker.

For a taste of Tucker’s worldview, consider a 2016 article entitled “Let the kids work.” There he ridiculed the Washington Post for publishing a photo gallery of child laborers from 100 years ago, including miners and sweatshop workers as young as 10.


Tucker’s response was that those children were “working in the adult world, surrounded by cool bustling things and new technology. They are on the streets, in the factories, in the mines, with adults and with peers, learning and doing. They are being valued for what they do, which is to say being valued as people…. Whatever else you want to say about this, it’s an exciting life.”


A better life, at least, than “pushed by compulsion into government holding tanks for a full decade” — that is, going to school.


The declaration’s promoters, Howard writes, never specified how to achieve their goals. Delivering food and supplies to millions of housebound seniors? In a Hoover Institution interview, Bhattacharya said, “We could have offered free DoorDash to older people.”


As Howard observes, Bhattacharya was remarkably sanguine about “creating a program overnight to deliver fresh food to tens of millions of seniors for months on end throughout the entire country.”

Similar hand-waving addressed the problems of multigenerational households, in which millions of vulnerable elders live. Older family members, the declaration authors wrote, “might temporarily be able to live with an older friend or sibling, with whom they can self-isolate together during the height of community transmission. As a last resort, empty hotel rooms could be used for temporary housing.”


Of course, hermetically sealing off tens of millions of “nonvulnerable” people from tens of millions of vulnerable people in a few weeks would be “the single greatest logistical challenge humanity had ever undertaken,” Howard observes. “Nowhere in the world used focused protection to achieve herd immunity in three to six months, as the Great Barrington Declaration promised.”


What the declaration really promoted was complacency. Its drafters, Howard says, were “people with no real-world responsibility for much of anything who made impossible things sound very easy. The task of actually getting food into the houses of elderly people was left up to public health authorities who were understaffed, overwhelmed and underfunded.”

What may be the most inexcusable element of the herd immunity movement was its implication that children could be used as shields for the rest of the population. Its advocates counseled against vaccinating young children on the grounds that their susceptibility to the virus was minimal or even nonexistent, so they could safely acquire immunity naturally — and perhaps, as Vinay Prasad of UC San Francisco implied, provide an immunity boost to adults in their families.
Yet although children tended to suffer less from symptoms when they were infected, they were anything but immune. According to the Centers for Disease Control and Prevention, more than 1,600 American children under the age of 18 have died from COVID during the pandemic.


In any case, death is not the only serious outcome from COVID. The CDC says more than 14,000 children were hospitalized for COVID during the pandemic. An untold number of children may suffer from long COVID or other lifelong manifestations of the disease. For doctors to counsel deliberately exposing children to COVID when a vaccine is available, especially if the purpose is to protect adults, is “a moral abomination,” Howard says. He’s right.


In a world guided by science, the promoters of an unsuccessful herd immunity theory would long ago have lost their credibility and their public soapboxes.

The opposite has happened. Bhattacharya and Kulldorff still have their platforms (Kulldorff is now associated with the right-wing Hillsdale College). Both were appointed in December by Florida’s anti-vaccine governor, Ron DeSantis, to a “Public Health Integrity Committee” charged with questioning federal public health policies.


Scott Atlas, meanwhile, was tapped to deliver the commencement address at New College of Florida, a once-renowned liberal arts institution that DeSantis has turned into a haven for right-wing pedagogy. He was greeted with boos from the audience of graduating seniors, however, indicating that the youth of America perhaps can’t be gulled as easily as their parents.


At this moment, anti-science ideology on the right appears to be in the ascendance. Agitation against the COVID vaccine is metastasizing into an opposition movement against all childhood vaccinations, a trend that threatens to produce a surge in other vaccine-preventable diseases such as measles and polio.


“The anti-vaccine movement has spotted an opportunity to sow doubt,” Howard told me. “Getting rid of all school vaccine mandates has always been the Holy Grail for them.”


Howard’s book is a warning. We may be on the verge of a public health disaster, because the promoters of a failed theory that COVID could be fought through “natural immunity” without vaccines have been able to wrap themselves in the mantle of truth-tellers. But they’re not.

This is one of the best letters that Heather Cox Richardson has written since I started reading her posts. It puts the current Supreme Court’s radical decisions into historical perspective. This Court, hand-picked by Leonard Leo and the Federalist Society, is engaged in a shameless effort to move the clock back to the world as it existed before the New Deal. This Court threatens our democracy and our rights.

She writes:

Today the Supreme Court followed up on yesterday’s decision gutting affirmative action with three decisions that will continue to push the United States back to the era before the New Deal.

In 303 Creative LLC v. Elenis the court said that the First Amendment protects website designer Lorie Smith from having to use words she doesn’t believe in support of gay marriage. To get there, the court focused on the marriage website designer’s contention that while she is willing to work with LGBTQ customers, she doesn’t want to use her own words on a personalized website to celebrate gay marriages. Because of that unwillingness, she said, she wants to post on her website that she will not make websites for same-sex weddings. She says she is afraid that in doing so, she will run afoul of Colorado’s anti-discrimination laws, which prevent public businesses from discriminating against certain groups of people.

This whole scenario of being is prospective, by the way: her online business did not exist and no one had complained about it. Smith claims she wants to start the business because “God is calling her ‘to explain His true story about marriage.’” She alleges that in 2016, a gay man approached her to make a website for his upcoming wedding, but yesterday, Melissa Gira Grant of The New Republic reported that, while the man allegedly behind the email does exist, he is an established designer himself (so why would he hire someone who was not?), is not gay, and married his wife 15 years ago. He says he never wrote to Smith, and the stamp on court filings shows she received it the day after she filed the suit.

Despite this history, by a 6–3 vote, the court said that Smith was being hurt by the state law and thus had standing to sue. It decided that requiring the designer to use her own words to support gay marriage violated the First Amendment’s guarantee of free speech.

Taken together with yesterday’s decision ruling that universities cannot consider race as a category in student admissions, the Supreme Court has highlighted a central contradiction in its interpretation of government power: if the Fourteenth Amendment limits the federal government to making sure that there is no discrimination in the United States on the basis of race—the so-called “colorblind” Constitution—as the right-wing justices argued yesterday, it is up to the states to make sure that state laws don’t discriminate against minorities. But that requires either protecting voting rights or accepting minority rule.

This problem has been with us since before the Civil War, when lawmakers in the southern states defended their enslavement of their Black (and Indigenous) neighbors by arguing that true democracy was up to the voters and that those voters had chosen to support enslavement. After the Civil War, most lawmakers didn’t worry too much about states reimposing discriminatory laws because they included Black men as voters first in 1867 with the Military Reconstruction Act and then in 1870 with the Fifteenth Amendment to the Constitution, and they believed such political power would enable Black men to shape the laws under which they lived.

But in 1875 the Supreme Court ruled in Minor v. Happersett that it was legal to cut citizens out of the vote so long as the criteria were not about race. States excluded women, who brought the case, and southern states promptly excluded Black men through literacy clauses, poll taxes, and so on. Northern states mirrored southern laws with their own, designed to keep immigrants from exercising a voice in state governments. At the same time, southern states protected white men from the effects of these exclusionary laws with so-called grandfather clauses, which said a man could vote so long as his grandfather had been eligible.

It turned out that limiting the Fourteenth Amendment to questions of race and letting states choose their voters cemented the power of a minority. The abandonment of federal protection for voting enabled white southerners to abandon democracy and set up a one-party state that kept Black and Brown Americans as well as white women subservient to white men. As in all one-party states, there was little oversight of corruption and no guarantee that laws would be enforced, leaving minorities and women at the mercy of a legal system that often looked the other way when white criminals committed rape and murder.

Many Americans tut-tutted about lynching and the cordons around Black life, but industrialists insisted on keeping the federal government small because they wanted to make sure it could not regulate their businesses or tax them. They liked keeping power at the state level; state governments were far easier to dominate. Southerners understood that overlap: when a group of southern lawmakers in 1890 wrote a defense of the South’s refusal to let Black men vote, they “respectfully dedicated” the book to “the business men of the North.”

In the 1930s the Democrats under President Franklin Delano Roosevelt undermined this coalition by using the federal government to regulate business and provide a social safety net. In the 1940s and 1950s, as racial and gender atrocities began to highlight in popular media just how discriminatory state laws really were, the Supreme Court went further, recognizing that the Fourteenth Amendment’s declaration that states could not deprive any person of the equal protection of the laws meant that the federal government must protect the rights of minorities when states would not. Those rules created modern America.

This is what the radical right seeks to overturn. Yesterday the Supreme Court said that the Fourteenth Amendment could not address racial disparities, but today, like lawmakers in the 1870s, it signaled that it would not protect voting in the states either. It rejected a petition for a review of Mississippi’s strict provision for taking the vote away from felons. That law illustrates just how fully we’re reliving our history: it dates from the 1890 Mississippi constitution that cemented power in white hands. Black Mississippians are currently 2.7 times more likely than white Mississippians to lose the right to vote under the law.

The court went even further today than allowing states to choose their voters. It said that even if state voters do call for minority protections, as Colorado’s anti-discrimination laws do, states cannot protect minorities in the face of someone’s religious beliefs. In her dissent, Justice Sonia Sotomayor wrote that for “the first time in its history,” the court has granted “a business open to the public a constitutional right to refuse to serve members of a protected class.”

It is worth noting that segregation was defended as a deeply held religious belief.

Today, using a case concerning school loans, the Supreme Court also took aim at the power of the federal government to regulate business. In Biden v. Nebraska the court declared by a vote of 6 to 3 that President Biden’s loan forgiveness program, which offered to forgive up to $20,000 of federally held student debt, was unconstitutional. The right-wing majority of the court argued that Congress had not intended to give that much power to the executive branch, although the forgiveness plan was based on law that gave the secretary of education the power to “waive or modify any statutory or regulatory provision applicable to the student financial assistance programs…as the Secretary deems necessary in connection with a…national emergency…to ensure” that “recipients of student financial assistance…are not placed in a worse position financially in relation to that financial assistance because of [the national emergency]”.

The right-wing majority based its decision on the so-called major questions doctrine, invented to claw back regulatory power from the federal government. By saying that Congress cannot delegate significant decisions to federal agencies, which are in the executive branch, the court takes on itself the power to decide what a “significant” decision is. The court established this new doctrine in the West Virginia v. Environmental Protection Agencycase, stripping the EPA of its ability to regulate certain kinds of air pollution.

“Let’s not beat around the bush,” constitutional analyst Ian Millhiser wrote today in Vox, today’s decision in Biden v. Nebraska “is complete and utter nonsense. It rewrites a federal law which explicitly authorizes the loan forgiveness program, and it relies on a fake legal doctrine known as ‘major questions’ which has no basis in any law or any provision of the Constitution.”

Today’s Supreme Court, packed as it has been by right-wing money behind the Federalist Society and that society’s leader, Leonard Leo, is taking upon itself power over the federal government and the state governments to recreate the world that existed before the New Deal.

Education Secretary Miguel Cardona called out the lurch toward turning the government over to the wealthy, supported as it is by religious footsoldiers like Lorie Smith: “Today, the court substituted itself for Congress,” Cardona told reporters. “It’s outrageous to me that Republicans in Congress and state offices fought so hard against a program that would have helped millions of their own constituents. They had no problem handing trillion-dollar tax cuts to big corporations and the super wealthy.”

Cardona made his point personal: “And many had no problems accepting millions of dollars in forgiven pandemic loans, like Senator Markwayne Mullin from Oklahoma had more than $1.4 million in pandemic loans forgiven. He represents 489,000 eligible borrowers that were turned down today. Representative Brett Guthrie from Kentucky had more than $4.4 million forgiven. He represents more than 90,000 eligible borrowers who were turned down today. Representative Marjorie Taylor Greene from Georgia had more than $180,000 forgiven. She represents more than 91,800 eligible borrowers who were turned down today.”

In the majority opinion of Biden v. Nebraska, Chief Justice John Roberts lamented that those who dislike the court’s decisions have accused the court of “going beyond the proper role of the judiciary.” He defended the court’s decision and urged those who disagreed with it not to disparage the court because “such misperception would be harmful to this institution and our country.” But what is at stake is not simply these individual decisions, whether or not you agree with them; at stake is the way our democracy operates.

Norman Ornstein of the American Enterprise Institute didn’t offer much hope for Roberts’s plea. “It is not just the rulings the Roberts Court is making,” he tweeted. “They created out of [w]hole cloth a bogus, major questions doctrine. They made a mockery of standing. They rewrite laws to fit their radical ideological preferences. They have unilaterally blown up the legitimacy of the Court.”

In a shot across the bow of this radical court, in her dissent to Biden v. Nebraska, Justice Elena Kagan wrote that “the Court, by deciding this case, exercises authority it does not have. It violates the Constitution.”