Thursday Reads: Alternate Facts Rule Republican Surreality
Posted: October 28, 2021 Filed under: Biden Policy Implosions 20 Comments
Huile sur bois, 1984-85,Didier Mazuru
Happy Thursday Sky Dancers!
BB has doctors’ appointments today so you get me a day early! She’s doing the Friday and Saturday spots this week! I’m really hoping she can get both her booster and flu shot today! I’m still in search of my flu shot.
There was a discussion on Heather Cox Richardson’s page yesterday on if we should stop using the terms liberal and illiberal democracy because every time Right-wingers see the words liberal or some word rooted in democrat they flip out. This type of twisting word meanings to mean something pejorative rather than the dictionary and theoretical use of the term drives me nuts. This was a discussion with regards to this Bulwark editoral; “An Open Letter in Defense of Democracy. The future of democracy in the United States is in danger.” It’s evidently triggering Republicans.
Some of us are Democrats and others Republicans. Some identify with the left, some with the right, and some with neither. We have disagreed in the past, and we hope to be able to disagree, productively, for years to come. Because we believe in the pluralism that is at the heart of democracy.
But right now we agree on a fundamental point: We need to join together to defend liberal democracy.
Because liberal democracy itself is in serious danger. Liberal democracy depends on free and fair elections, respect for the rights of others, the rule of law, a commitment to truth and tolerance in our public discourse. All of these are now in serious danger.
The primary source of this danger is one of our two major national parties, the Republican Party, which remains under the sway of Donald Trump and Trumpist authoritarianism. Unimpeded by Trump’s defeat in 2020 and unfazed by the January 6 insurrection, Trump and his supporters actively work to exploit anxieties and prejudices, to promote reckless hostility to the truth and to Americans who disagree with them, and to discredit the very practice of free and fair elections in which winners and losers respect the peaceful transfer of power.
Every time I hear someone call themselves “conservative” I’m pretty sure that’s not the case. The right-wing has completely co-opted that word because reactionary or autocratic or fascist is not what their overlords want themselves called. I also always laugh when they throw the world liberal at me like that should deeply offend me. I’d only be insulted if they called me illiberal. That means I am into restricting the thoughts and behaviors of others which I generally am not at all interested in doing. You should only control the behaviors of others when they are a danger to others. It’s the all your rights end where mine begin quip.
At a hearing before the Senate Judiciary Committee today, Republican senators accused Attorney General Merrick Garland of “siccing” the FBI on parents who are simply concerned about their child’s education.The backstory is that there has been a coordinated effort across the country to whip up protests at school board meetings over mask mandates and opposition to teaching Critical Race Theory in K–12 schools (where it is not taught), and they have gotten heated enough that protesters have threatened the lives of school board members, teachers, administrators, and school staff.
In response, the National School Board Association (NSBA) wrote to the administration asking for federal help in addressing the increasing threats. Garland issued a memo calling for federal law enforcement to work with local law enforcement as necessary to protect school board members.Under pressure from Republican state representatives, the NSBA apologized for some of the language it had used in its initial letter—it suggested the protesters were engaging in domestic terrorism, for example—and today senators tried to get Garland, too, to apologize for his memo.He refused. “I wish if senators were concerned about this that they would quote my words,” he said. “This memorandum is not about parents being able to object in their school boards. They are protected by the First Amendment as long as there are no threats of violence, they are completely protected.”It was painfully obvious that the Republicans, especially Senators Tom Cotton (R-AR) and Ted Cruz (R-TX), were trying to create sound bites for right-wing media, and perhaps to undermine Garland’s credibility should the Department of Justice bring charges against high-ranking lawmakers over the events of January 6. They portrayed Garland as part of a conspiracy to crush American liberty and demanded his resignation.It appears to be the new conspiracy theory of the Trump Republicans to say that the administration is hunting them: Fox News Channel personality Tucker Carlson is advertising an upcoming special that appears to suggest that the Democratic-controlled government is launching a war on right-wing Americans.

Chess Mask On Sea, Salvador Dali
The recent use of the label progressive is in response to that Republican rebranding pogrom and all it’s done is collect attention as a radical left-wing movement when at best it’s a catching up to the rest of the world set of policies. I really don’t think responding to Republican efforts to rewrite what a word means and wrap it up in completely manufactured misinformation is helpful to modern discourse on policy or politics.
This has been going on since the Reagan years where signaling became an art form and has now progressed to a point where you have to accept the color of grass as “just an opinion” or an “alternative fact”. It’s basically turned shifting to the Overton window into a toxic reality which isn’t so much of a shift but a complete dash to a wrong conclusion.
Almost all of the so-called cultural issues that weren’t even political issues to Nixon Republicans are now hard-core Republican third rails. Both Nixon and Ford supported the ERA. I remember attending an event with First Lady Barbara Bush who told the room that abortion wasn’t a political issue in 1992. Yet here we are in a place where we’re being told that Democratic Policy needs to be more moderate and culture issues should represent “middle-ground” when poll after poll shows these policies are wildly popular with voters. How could the press and the Republicans be so firmly against a consensus? How could they not seek to provide a real explanation about the extreme right wing’s current boogie man misrepresented term or totally made-up thing?
So, there’s this new thing now telling the democrats to just move to the middle and ignore the polls. It’s being pushed at The Bulwark that argues that we have to go along with the idea the Critical Race Theory should be banned from schools to get burbie votes. This is the same kind of false reality that got us laws banning a non-existent surgical procedure called “partial-birth abortion.” This is from The New Republic: “Doing Popular Things Won’t Save the Democratic Party. Proponents of “popularism” believe they have a plan to rescue the party’s electoral hopes, but they may have arrived too late.” We’re being constantly pushed to a middle that doesn’t exist anywhere but the beltway. It’s written by Osita Nwanevu
Democrats have heard a lot, in recent weeks, about what they don’t want to hear. Earlier this month, The New York Times’ Ezra Klein ran a piece about the data analyst David Shor, the principal advocate of what’s being called popularism. Shor’s been everywhere over the past year—including in the pages of The New Republic. And Politico reported recently that he’s found a ready “audience with the White House.” “Some aides in the White House pay close attention to Shor’s analysis and have talked with him about his data, according to two sources familiar with the matter,” Playbook’s authors wrote. “He’s advised Democrats to stand against ‘defund the police,’ not talk too much about immigration, assume that Twitter is not real life, and talk about things that already have approval instead of trying to make unpopular things popular.”
Unsurprisingly, popularism has itself gotten fairly popular among center-left pundits and has earned the ire of progressive journalists and activists. The debates between the two camps have been heated, but there’s a good chance we might remember them fondly before long—these were the debates we could have with one another, we might say to ourselves in a decade, when it was still possible to believe the Democratic Party had a future to win. It’s not at all obvious that the party does; popularism, in its pat simplicity and similarity to age-old Democratic nostrums, will not build it one.
In full, Shor’s argument goes something like this: Democrats are in deep trouble. While the party managed to take full control of government in 2020, Republicans are poised to return to power in Washington soon—beyond the losses that incumbent parties tend to suffer in midterm elections, Democrats are further endangered by the Electoral College’s current skew and the Senate’s worsening malapportionment. In his interview with Klein, Shor gave the Senate math special attention: According to his model, Senate Democrats will have to win the midterm vote by more than four percentage points to have a better than even chance of keeping the chamber, and a bare 51 percent majority of the two-party vote in 2024 would result in a loss of seven seats.
There’s no real long-term fix for this situation beyond structural reforms, such as the addition of new states, a project Democrats aren’t yet serious about. But Shor and his fellow popularists are also recommending another complementary remedy: Democrats should take issue polls more seriously and fully commit themselves to doing and saying popular things. If Democratic candidates avoid fanning the flames of the culture wars and support modest reforms on sensitive issues like policing and immigration, the party will have an easier time making up ground among the white working-class voters and wavering moderate-to-conservative voters of color who moved right under Trump.
Additionally, the theory goes, the Democrats would do well to avoid running on or attempting sweeping policy changes when moderate alternatives are more readily available, more plausible, and more popular—means-testing their expansion of the Child Tax Credit, for instance, or passing prescription drug pricing reform rather than attempting another major and massive health care reform bill. The public, after all, can be fickle when it comes to big policy swings: Research suggests public opinion is “thermostatic,” with voters supporting spending and bigger government when government is small, cuts and smaller government after government gets bigger.
Let me put this into the framework of The Bulwark’s Mona Charon. “Will Critical Race Theory Sink McAuliffe? Democrats need to tack to the middle on cultural issues.”
In fairness to McAuliffe, Virginia has a countercyclical history. It likes to choose governors of the party opposite the denizen of the Oval Office.
McAuliffe would have you believe that his troubles are traceable to his party’s dysfunction across the river in D.C. He hasn’t been subtle about it. “We’re tired of the chitty-chat up in D.C.,” he told CNN. He has publicly pleaded with his party to pass the infrastructure deal, and acknowledged that Biden’s falling approval numbers have created “headwinds” for him in Virginia.
Ironically, the one time in recent history that Virginia has not gone countercyclical was McAuliffe’s election in 2013. In that year, it was the Republicans in Washington, D.C. who were creating dysfunction with the Ted Cruz-led government shutdown. Currently, the perceived gridlock is entirely the work of McAuliffe’s party.
Polls are showing that Republicans are more motivated this year than Democrats. An October Monmouth poll showed that 49 percent of Republicans are “enthusiastic” about voting in November, compared with only 26 percent of Democrats. And independents have moved from favoring McAuliffe to Youngkin. Just as significant is the shift in women voters. In September, McAuliffe enjoyed a 14-point lead among women. That dropped to a four-point advantage in October.
In a close race, a third-party candidate is also a factor. This year, a progressive named Princess Blanding is running on the Liberation party ticket. She is unlikely to pull votes from Youngkin.
And while polls are all we have until election day, it would be foolish to imagine that pollsters have completely fixed the problem of the non-responsive Trump voter. If there’s an error in the polling, it’s more likely to underpredict Republican strength.
McAuliffe has worked hard to link Youngkin to Trump, even mocking him as “Glenn Trumpkin,” but it hasn’t stuck, partly because voters are too forgiving, but also because Youngkin’s affect—mild, non-combative—is so disarming.
Youngkin has also run a good campaign, hitting upon Democratic weaknesses. Biden may have promised not to raise taxes on anyone earning less than $400,000, but inflation is a tax. It makes everyone’s money less valuable and thereby hits the poor and working class harder than the comfortable. In one of his TV ads, Youngkin uses the backdrop of a supermarket to stress the rising price of groceries and promises to repeal the grocery tax. Are the Democrats responsible for inflation? It’s hard to say, but when it’s happening on your watch and when you are planning to pump even more money into the economy, it’s hard to escape responsibility.
Youngkin also highlights rising crime (clearly not the Democrats’ fault since it began under Trump). Using a tactic that worked well for Republicans in 2020 and will doubtless dog Democrats in 2022, Youngkin links McAuliffe to the “defund the police” crowd, and features a montage of police officers asking voters to keep Virginia safe.
But the issue that has arguably done the most harm to McAuliffe is education. Remember those independent and female voters who have moved so strongly toward Youngkin? That has coincided with the rise of education as a campaign issue. Women usually rank education as more important than men do. Between September and October, the number of Virginians listing education as a priority rose from 31 to 41 percent. And the issue that has drawn large crowds to school board meetings is critical race theory.
Youngkin has seized on it. At a campaign rally in July, he said that critical race theory has “moved into all of our schools in Virginia.” In an August FoxNews interview, he warned that “critical race theory has moved into our school system and we have to remove it.”
McAuliffe was flat-footed in response. During a debate, he stepped on a rake by declaring that “I don’t think parents should be telling schools what they should teach.” He dismissed concerns about CRT as manufactured—a “racist dog whistle.” It isn’t taught in Virginia schools, he said. “That’s another right-wing conspiracy. This is totally made up by Donald Trump and Glenn Youngkin.”
Well, it’s not that simple. While it’s true that CRT is not listed on the Virginia Standards of Learning (the content all Virginia students are tested on) and several county school boards have issued statements affirming that they do not teach CRT, some CRT-adjacent lessons have been entertained by the Virginia Department of Education. Among other steps, they’ve recommended books about CRT to teachers, and tout Ibram X. Kendi’s How to Be Anti-Racist on their website.
Part of the problem is that no one knows exactly what is meant by CRT. Some parents, influenced by rumors and media stories, believe that CRT amounts to teaching kids that all whites are oppressors and all African Americans are victims. Others believe that CRT is the mere teaching of America’s racial history including slavery and civil rights. Nationally, 63 percent believe that students should be taught the “ongoing effects of slavery and discrimination” but only 49 percent support teaching CRT.

Salvador Dali’s ‘Trilogy of the Desert: Mirage’ (1946)
The press take is that American voters are too stupid to not be taken in by Republican propaganda so just put the fire out by looking more Republican. Don’t worry that all this insults your base! No wonder enthusiasm is off. This is the Ezra Klein Op-Ed. at the NYT from earlier this month. “David Shor Is Telling Democrats What They Don’t Want to Hear.” Just so you know who were dealing with check that tweet out.
But here’s the truly frightening thought for frustrated Democrats: This might be the high-water mark of power they’ll have for the next decade.
Democrats are on the precipice of an era without any hope of a governing majority. The coming year, while they still control the House, the Senate and the White House, is their last, best chance to alter course. To pass a package of democracy reforms that makes voting fairer and easier. To offer statehood to Puerto Rico and Washington, D.C. To overhaul how the party talks and acts and thinks to win back the working-class voters — white and nonwhite — who have left them behind the electoral eight ball. If they fail, they will not get another chance. Not anytime soon.
That, at least, is what David Shor thinks. Shor started modeling elections in 2008, when he was a 16-year-old blogger, and he proved good at it. By 2012, he was deep inside President Barack Obama’s re-election campaign, putting together the fabled “Golden Report,” which modeled the election daily. The forecast proved spookily accurate: It ultimately predicted every swing state but Ohio within a percentage point and called the national popular vote within one-tenth of a percentage point. Math-geek data analysts became a hot item for Democratic Party campaigns, and Shor was one of the field’s young stars, pioneering ways to survey huge numbers of Americans and experimentally test their reactions to messages and ads.
That, at least, is what David Shor thinks. Shor started modeling elections in 2008, when he was a 16-year-old blogger, and he proved good at it. By 2012, he was deep inside President Barack Obama’s re-election campaign, putting together the fabled “Golden Report,” which modeled the election daily. The forecast proved spookily accurate: It ultimately predicted every swing state but Ohio within a percentage point and called the national popular vote within one-tenth of a percentage point. Math-geek data analysts became a hot item for Democratic Party campaigns, and Shor was one of the field’s young stars, pioneering ways to survey huge numbers of Americans and experimentally test their reactions to messages and ads.
But it was a tweet that changed his career. During the protests after the killing of George Floyd, Shor, who had few followers at the time, tweeted, “Post-MLK-assassination race riots reduced Democratic vote share in surrounding counties by 2 percent, which was enough to tip the 1968 election to Nixon.” Nonviolent protests, he noted, tended to help Democrats electorally. The numbers came from Omar Wasow, a political scientist who now teaches at Pomona College. But online activists responded with fury to Shor’s interjection of electoral strategy into a moment of grief and rage, and he was summarily fired by his employer, Civis Analytics, a progressive data science firm.
For Shor, cancellation, traumatic though it was, turned him into a star. His personal story became proof of his political theory: The Democratic Party was trapped in an echo chamber of Twitter activists and woke staff members. It had lost touch with the working-class voters of all races that it needs to win elections, and even progressive institutions dedicated to data analysis were refusing to face the hard facts of public opinion and electoral geography.
Frankly, our democracy is on fire. Republicans are doing everything locally that they can to ensure they win votes based on gerrymandering and voter suppression. They’re already passing laws that return us to levels of discrimination and religion-based behavior control that we haven’t seen in decades. Frankly, my hair is on fire too. This has to be the discussion if we have any hope come the next election cycle. Otherwise, we will be fooled again and our lives and our children’s lives will be confined to an end-times ash heap.
What’s on your reading and blogging list today?
Monday Must Read Journalism and Must See TV
Posted: October 25, 2021 Filed under: FBI, Republican presidential politics, Sudan, Treason and Sedition Republican Style 7 CommentsGood Morning Sky Dancers!
I want to bring your attention to a TV documentary and a Rolling Stone Exclusive on evidence there was heavy planning on the part of Congressional Republicans in the insurrection on January 6th. I have to teach tonight, get my real ID this afternoon, and this morning a mitigation specialist comes to check out the water damage in my attic. This will be brief.
First, the documentary was shown last night on MSNBC and will be running on Peacock. It basically addresses the failures of Reconstruction after the Civil War and the deep roots of institutional racism in our country. There were compelling interviews with Southern Americans about their experience. There were professors discussing the various failures that led to the Lost Cause and a lot of where we are right now in terms of Black and White America. There were visits to historical–frequently covered up–events throughout our history like the Clinton, MS Race Massacre. There was also a visit to a Civil war museum that lifts up the contributions of black soldiers of the Union Army.
Here’s a basic description via the Chatanooga Free Times Press. “‘Civil War’ documentary, partially filmed in Chattanooga, premieres Sunday on MSNBC.”
A Civil War documentary that includes perspectives from several Chattanooga-area residents will premiere Sunday on MSNBC.
For “The Civil War (or, Who Do We Think We Are),” Emmy-nominated director Rachel Boynton visited classrooms around the nation to see how the war is taught.
Her stop in Chattanooga features Chris Carpenter’s Civil War classes at McCallie School, historian and educator LaFrederick Thirkill, the caretakers of Chattanooga Confederate Cemetery and Chattanooga Connected, a group of community leaders dedicated to intentionally breaking down racial barriers.
Franklin McCallie, a co-founder of Chattanooga Connected, said he’s proud of Boynton’s effort to shed light on “a major thorn in the side of our nation.” The film, he said, should get people talking “rationally and with the hope of healing.”
McCallie was among those who first saw the film in a screening at the Tivoli Theatre earlier this month.
“I feel this film could make a difference,” he said. “She has the liberal side, the very conservative side, and she has shown the depth of feeling of those who have not left the Confederacy behind, who have not left the Civil War behind” more than a century and a half later.
In a review, film critic Matt Zoller Seitz said the movie will be of “particular interest to students who want a lively, thoughtful presentation of basic historical subjects but aren’t going to get it in classrooms where the curriculum is approved by people who are mainly concerned with avoiding discomfort and preserving the status quo.”
This is an interview with the filmmaker.

Portrait of an unidentified African American soldier in uniform, c. 1860s
My next offering is from Rolling Stone. You will want to read this: “EXCLUSIVE: Jan. 6 Protest Organizers Say They Participated in ‘Dozens’ of Planning Meetings With Members of Congress and White House Staff. Two sources are communicating with House investigators and detailed a stunning series of allegations to Rolling Stone, including a promise of a “blanket pardon” from the Oval Office.” It was written by Hunter Walker who had access to two sources working with the ongoing investigation.
I’ll put the list of seditionists up first.
The two sources, both of whom have been granted anonymity due to the ongoing investigation, describe participating in “dozens” of planning briefings ahead of that day when Trump supporters broke into the Capitol as his election loss to President Joe Biden was being certified.
“I remember Marjorie Taylor Greene specifically,” the organizer says. “I remember talking to probably close to a dozen other members at one point or another or their staffs.”
For the sake of clarity, we will refer to one of the sources as a rally organizer and the other as a planner. Rolling Stone has confirmed that both sources were involved in organizing the main event aimed at objecting to the electoral certification, which took place at the White House Ellipse on Jan. 6. Trump spoke at that rally and encouraged his supporters to march to the Capitol. Some members of the audience at the Ellipse began walking the mile and a half to the Capitol as Trump gave his speech. The barricades were stormed minutes before the former president concluded his remarks.
These two sources also helped plan a series of demonstrations that took place in multiple states around the country in the weeks between the election and the storming of the Capitol. According to these sources, multiple people associated with the March for Trump and Stop the Steal events that took place during this period communicated with members of Congress throughout this process.
Along with Greene, the conspiratorial pro-Trump Republican from Georgia who took office earlier this year, the pair both say the members who participated in these conversations or had top staffers join in included Rep. Paul Gosar (R-Ariz.), Rep. Lauren Boebert (R-Colo.), Rep. Mo Brooks (R-Ala.), Rep. Madison Cawthorn (R-N.C.), Rep. Andy Biggs (R-Ariz.), and Rep. Louie Gohmert (R-Texas).
“We would talk to Boebert’s team, Cawthorn’s team, Gosar’s team like back to back to back to back,” says the organizer.

Portrait of Christian Fleetwood.
It sounds like the chickens are coming home to roost!
In another indication members of Congress may have been involved in planning the protests against the election, Ali Alexander, who helped organize the “Wild Protest,” declared in a since-deleted livestream broadcast that Gosar, Brooks, and Biggs helped him formulate the strategy for that event.
“I was the person who came up with the Jan. 6 idea with Congressman Gosar, Congressman Mo Brooks, and Congressman Andy Biggs,” Alexander said at the time. “We four schemed up on putting maximum pressure on Congress while they were voting so that — who we couldn’t lobby — we could change the hearts and the minds of Republicans who were in that body hearing our loud roar from outside.”
Alexander led Stop the Steal, which was one of the main groups promoting efforts to dispute Trump’s loss. In December, he organized a Stop the Steal event in Phoenix, where Gosar was one the main speakers. At that demonstration, Alexander referred to Gosar as “my captain” and declared “one of the other heroes has been Congressman Andy Biggs.”
The indication is the list of acts leading up to riots and sedition is long and extensive. I think we can safely assume that these planners were likely at the hotel session prior to January 6,
I have one breaking news story from Sudan to add down here. “Sudan coup: Military dissolves civilian government and arrests leaders.” The reporting is via the BBC.
A coup is under way in Sudan, where the military has dissolved civilian rule, arrested political leaders and declared a state of emergency.
Coup leader, Gen Abdel Fattah Burhan, has blamed political infighting.
Protesters have taken to the streets of the capital, Khartoum, and there are reports of gunfire.
Military and civilian leaders have been at odds since long-time ruler Omar al-Bashir was overthrown two years ago and a transitional government set up.
Witnesses say the internet is down and that army and paramilitary troops have been deployed across the city. Khartoum airport is closed, and international flights are suspended.
Some protesters chanted “no to military rule”.
Demonstrator Sawsan Bashir told AFP news agency: “We will not leave the streets until the civilian government is back and the transition is back.”
“We are ready to give our lives for the democratic transition in Sudan,” another protester, Haitham Mohamed said.
So, that’s enough for me today. The news will likely be crazy-go-nuts today as the press secretary of the tv series The West Wing used to say.
What’s on your reading and blogging list today?
Friday Reads: Mitch McConnell keeps trotting out his Prize Livestock
Posted: October 22, 2021 Filed under: abortion rights, Afternoon Reads, Voting Rights, Voting Rights and Voter Suppression, War on Women 10 Comments
Karl Schmidt-Rottluff
Still Life, Cactus, 1919
Good Day Sky Dancers!
Louisiana is a little later than most states that I’ve lived in with their State Fair Livestock Shows. It probably has something to do with the heat and peak hurricane season which occurs during the Labor Day Weekend which is when I was used to doing the Iowa State Fair, the Nebraska State Fair, and the Minnesota State Fair.
My favorite part as a kid was the kids from 4H showing off their pet livestock projects. It was always a real range of farm animals and the kids and animals seemed really close when you watched them in their pens together.
The one thing that killed all that for me was knowing that what looked like a loving pet to me was most likely going to wind up at an auction. I like the Crazy Cajun Pygmy Goat Shows though because I know they’re likely going to live a long life attending yuppy yoga goat classes, or clearing out the bramble in some backyard for a fee, or being the focus of some kid’s birthday party, or providing the basis for some cheese.
Perhaps I read Charlotte’s Web to my kids way too many times.
The point is that both the ranchers-to-be and the meals-to-be love those shows. The animals have no idea that their purpose is to ensure everyone knows their place in the food chain. It’s mostly to remind everyone that no matter how much attention they get at one point, they’re simply there to show off enough so everyone will go off and find more of their kind to slaughter.
This is about how I feel about Mitch McConnell trotting out Amy Coney Barrett and now, Clarence Thomas to represent just how much animals will preen for the camera when they’re about to sell the rights that got them there out. I wonder if he’ll trot out the white guys too? Nah, it’s all about preserving only their rights.
https://twitter.com/imillhiser/status/1451585520153370645

Saguaro Cactus at Sun Set, Gayle McGinty
The deal with livestock shows is they are always big deals to a few that lead up to mass slaughter for the innocent.
This is from The Washington Post. “McConnell lauds Thomas, says Supreme Court should not heed the ‘rule of polls’” Someone needs to tell Mitch the settled laws are not about the rule of polls. They are about the Rule Of Law.
The conservative think tank was the site of a day-long celebration of Thomas’s three decades on the court, with panels of judges, lawyers and legal analysts celebrating the 73-year-old justice’s record.
McConnell was the keynote speaker, and he urged boldness and independence from the federal judiciary he had a large hand in reconstructing. He pushed through a record number of confirmations of federal judges when Republicans controlled the Senate and President Donald Trump was making nominations.
Included in the list are three Supreme Court justices: Neil M. Gorsuch, Brett M. Kavanaugh and Amy Coney Barrett.
Polls have shown public approval of the Supreme Court is falling — those who say it is too conservative are growing — but McConnell said popularity is not the standard by which judges should be evaluated.
“They’re not tasked with reasoning backwards from abstract impressions about what outcome the nation supposedly needs or the court’s public standing supposedly requires,” McConnell said. “We need the rule of law, not the rule of polls.”
Thomas has provided the example, McConnell said. “For 30 years and counting, you have had the brightest possible North Star illumining the path before you, the courage and fidelity of Justice Clarence Thomas,” the senator from Kentucky said.
…
Thomas is the second justice to appear with McConnell in the last two months. Barrett accompanied him to the University of Louisville for a speech at the center that bears the senator’s name in September.
“My goal today is to convince you that this court is not comprised of a bunch of partisan hacks,” she said. Critics said it was not a choice setting for such a nonpartisan message.
McConnell is the politician most responsible for the change on the Supreme Court and in the federal judiciary, said Donald McGahn, Trump’s White House counsel. “He’s always had an eye on the long game,” McGahn said in introducing McConnell.
Democrats remain bitter about McConnell’s role. As Senate majority leader, he refused to allow a hearing on President Barack Obama’s Supreme Court choice Merrick Garland in 2016, saying it was inappropriate in an election year. Garland was nominated to replace Justice Antonin Scalia, who died in February of that year.

Landscape with Cacti, Diego Rivera, 1931
It’s always disheartening to see minorities and women welcome their overlords. It’s something I’ve never understood. At least the animals at a livestock show don’t see what’s come but, damn, what person isn’t aware of the results of selling out? We’re seeing Republicans block every attempt to provide access to voting rights. They’re gerrymandering Texas right now in a manner that over-represents white people and underrepresented Hispanic Americans. This is from The Dallas News. “Texas’ latest congressional gerrymander wouldn’t pass muster under doomed Freedom to Vote Act. Senate Democrats seem to lack votes needed to push through scaled-down voting rights bill.” Let’s face it. They want governance by white christianist men period.
Congress is preparing for a showdown Wednesday on a doomed bill to protect minority voting rights that Democrats view as critical – and that, if it were in place, would derail the gerrymandered redistricting plan just finalized in Austin.
Republicans set aside a scant 14 of 38 U.S. House seats in Texas for Democrats, leaving the rest for themselves.
That’s 37% for Democrats, 63% for Republicans – a gap of 26 points that doesn’t even come close to passing muster under the Freedom to Vote Act, which uses recent federal elections as the benchmark to determine whether a congressional map is even modestly fair.
“There are serious voting rights issues on the map,” said Michael Li, a redistricting expert at the left-leaning Brennan Center for Justice.
He noted how blatantly the Texas congressional map that Gov. Greg Abbott will soon sign violates the proposed ban on partisan gerrymandering.
Republicans carried Texas in the last two races for president and U.S. Senate – but not by anything close to 26 points.

Sahuaro, Tucson, Arizona (1940) by Maynard Dixon
This analysis is from The Texas Observer and Justin Miller. “REPUBLICANS’ GERRYMANDERED MAPS TURN BACK TIME IN TEXAS. Once again, Republicans draw the lines of power to protect their incumbents and amplify their white, conservative, rural base—and deny millions of Texans of color their due political representation.”
With a quick glance at the new redistricting maps that Texas Republicans just rammed into law, you could be forgiven for thinking that the Lone Star State’s population became a whole lot whiter, more Republican, and more rural over the past decade.
But that is a political illusion achieved through surgical lines that create donut-hole districts, gnarled fists, and land bridges, drawn by a party desperate to avoid confronting the realities of a transformed state. People of color constituted 95 percent of Texas’ population growth over the past decade, including roughly half from Latinos alone, earning the state two new congressional districts. But Republicans used redistricting to effectively turn back time, locking in the white majoritarian rule that has controlled Texas since Reconstruction.
Democrats, voting rights advocates, and everyday constituents alike protested that the maps carved apart neighborhoods and voters of color in blatantly discriminatory fashion. But Republicans rushed through the legislative process with their fingers in their ears, providing the public with only a perfunctory chance to provide input as the maps advanced at a rapid clip. GOP leaders insisted that the maps were drawn “race-blind” and that their lawyers had assured them they were not running afoul of the federal Voting Rights Act.
By spreading out the electoral power of their white base in the vast expanses of deep-red rural Texas, Republicans shored up their current hold on power. They drew majority-white districts and fewer Hispanic majority districts, making red seats redder and blue seats bluer. This was done by defusing the ascendant political power of Latino, Black, and Asian voters in the cities and suburbs of Texas.
If this all sounds familiar, it should. During the last redistricting cycle in 2010, Republicans similarly maximized their political control with districts that courts repeatedly found were drawn with intent to racially discriminate. Those legal battles lasted through almost the entire decade. Now, more examples of brazen racial gerrymandering have cropped up in the new maps, just as they did 10 years prior. Take State Senate District 10 in Tarrant County. In 2018, a coalition of Black, Hispanic, and white voters flipped the seat by electing Democrat Beverly Powell. She may not have the seat for long; the new map transforms the 10th district into a conservative stronghold that dilutes Black and Hispanic votes by way of Republican voters in several nearby rural counties.
In the Texas House map, the GOP-held 54th district in Bell County had become increasingly competitive as the Black and Hispanic population grew in Killeen, which overwhelmingly voted for Biden in 2020. To protect that seat, Republicans made the 54th into a Bell County donut that completely encircled another Republican district. Each district got a piece of the county’s two Democratic-voting cities, Killeen and Temple.
Districts like the 22nd in Fort Bend County and the 24th in the Dallas-Fort Worth suburbs had finally become political battlegrounds in the last election cycle as multi-racial coalitions banded together. “That was like a glimpse of the future of American politics. Very coalitional, very multi-racial,” says Michael Li, a redistricting lawyer with the Brennan Center for Justice. But Republicans chose to dismantle those seats, packing diversifying areas into new deep-blue Democratic districts or cracking them off into Republican-held seats made whiter and redder by extending out into far-flung rural counties.
“Republicans are really scared of the suburbs because they’re becoming more diverse and because white voters in the suburbs aren’t as reliable for Republicans anymore and they’re not sure they’re getting it back anytime soon,” Li says.

Yellow Cactus, Georgia O’Keefe, 1929
So, hello from the Post Roe v. Wade reality. This is from NPR. “The Supreme Court keeps Texas abortion law in place, but agrees to review it.” Mitchell has obviously been the fluffer for this. Notice he didn’t need to fluff Kavanaugh and Gorsuch.
The U.S. Supreme Court on Friday agreed to review a controversial Texas abortion law on Nov. 1 but refused to block the law while it examines Texas’ unusual enforcement scheme and whether the Department of Justice has the right to sue to block the law.
The court will not directly consider the constitutionality of the law. Instead, in its order, the court said it would consider the following questions:
- whether “the state can insulate from federal-court review a law that prohibits the exercise of a constitutional right by delegating to the general public the authority to enforce that prohibition through civil action”;
- and can “the United States bring suit in federal court and obtain injunctive or declaratory relief against the State, state court judges, state court clerks, other state officials, or all private parties to prohibit S.B. 8 from being enforced.”
Justice Sonia Sotomayor dissented with keeping the law in place.
“The promise of future adjudication offers cold comfort, however, for Texas women seeking abortion care, who are entitled to relief now,” she wrote. “These women will suffer personal harm from delaying their medical care, and as their pregnancies progress, they may even be unable to obtain abortion care altogether.”
She added:
“There are women in Texas who became pregnant on or around the day that S. B. 8 took effect. As I write these words, some of those women do not know they are pregnant. When they find out, should they wish to exercise their constitutional right to seek abortion care, they will be unable to do so anywhere in their home State. Those with sufficient resources may spend thousands of dollars and multiple days anxiously seeking care from out-of-state providers so overwhelmed with Texas patients that they cannot adequately serve their own communities. Those without the ability to make this journey, whether due to lack of money or childcare or employment flexibility or the myriad other constraints that shape people’s day-to-day lives, may be forced to carry to term against their wishes or resort to dangerous methods of self-help.”
We may all have to become flowers that bloom in a democracy desert quite soon. I’m glad BB covered the Republican cover-up of the insurrection yesterday so I can just forget it a bit here. We’re going to have to organize and show up again. Get ready. This will be a wild News Day.
What’s on your reading and blogging list today?
Monday Reads: His Watch is Over
Posted: October 18, 2021 Filed under: Afternoon Reads, Republican politics 16 Comments
THE MUSE
La Muse
1935, Pablo Picasso
Good Day Sky Dancers!
I continue to spend my life on the phone or near my roof with adjustors of all flavors. It’s extremely exhausting but my Insurance adjustor is a peach and he’s getting a mitigation company to investigate my attic where wind-driven rain got to a piece of fascia and then into the attic over my hall and bathroom. Luckily, it’s the new addition so the ceilings aren’t as tall as the old part of the house. They’re going to get an estimate from a mitigation company on what needs to be done in the attic and the ceilings. My 3-year old roof held up though which is why I didn’t get any more catastrophic damage.
Today we learned that Colin Powell has passed. He was fighting cancer and Covid-19 complications ended his life. Powell was a complex figure. He was the first black Secretary of State as a Republican under Dubya where some of his most controversial decisions included receiving faulty information that led us into the endless war in Afghanistan and the invasion of Iraq. He left the Republicans in the dust and became involved with the Obama campaign. He gave up on the Republican party as many moderate to center Republicans have.
Powell was a Vietnam Vet. The one lost bit of his service often overlooks his role in the My Lai Massacre. I’ll put a brief reference to that here. This is from The Nation and David Corn. It was published in May 2001. “Colin Powell’s Vietnam Fog. The war was years ago, but that does not excuse misrepresenting one’s participation in it.”
The hell of Vietnam—an unpopular war that involved hard-to-discern guerrilla combatants, brutal depopulation strategies, indiscriminate bombing and much “collateral damage,” as military bureaucrats called civilian kills—offers its distinct challenges to memory, the individual memories of many who served there and the collective memory of the nation that sent them and sponsored a dirty war of free-fire zones and destroy-the-village-to-save-the-village tactics. In reviewing Colin Powell’s military service recently, I found that Powell had his own trouble in setting the record straight on his involvement—tangential as it was—in one of the war’s more traumatic episodes.
As Powell notes in his 1995 autobiography, My American Journal, in 1969 he was an Army major, the deputy operations officer of the Americal Division, stationed at division headquarters in Chu Lai. He says that in March of that year, an investigator from the inspector general’s office of Military Assistance Command Vietnam (MACV) paid a call. In a “Joe Friday monotone,” the investigator shot questions at Powell about Powell’s position at the division and the division’s operational journals, of which Powell was the custodian. The inspector then asked Powell to produce the journals for March 1968. Powell started to explain that he had not been with the division at that time. “Just get the journal,” the IG man snapped, “and go through that month’s entries. Let me know if you find an unusual number of enemy killed on any day.”
Powell flipped through the records and came upon an entry from March 16, 1968. The journal noted that a unit of the division had reported a body count of 128 enemy dead on the Batangan Peninsula. “In this grinding, grim, but usually unspectacular warfare,” Powell writes, “that was a high number.” The investigator requested that Powell read the number into the tape recorder he had brought, and that was essentially the end of the interview. “He left,” Powell recalls, “leaving me as mystified as to his purpose as when he arrived.”
It would not be until two years later (according to the original version of Powell’s book) or six months later (according to the paperback version of the book) that Powell figured out that the IG official had been probing what was then a secret, the My Lai massacre. Not until the fall of 1969 did the world learned that on March 16, 1968, troops from the Americal Division, under the command of Lieut. William Calley, killed scores of men, women and children in that hamlet. “Subsequent investigation revealed that Calley and his men killed 347 people,” Powell writes. “The 128 enemy ‘kills’ I had found in the journal formed part of the total.”
Though he does not say so expressly, Powell leaves the impression that the IG investigation, using information provided by Powell, uncovered the massacre, for which Calley was later court-martialed. That is not accurate.
The transcript of the tape-recorded interview between the IG man—Lieut. Col. William Sheehan—and Powell tells a different story. During that session—which actually happened on May 23, 1969—the IG investigator did request that Powell take out the division’s operations journals covering the first three weeks of March. (The IG inquiry had been triggered by letters written to the Pentagon, the White House and twenty-four members of Congress by Ron Ridenhour, a former serviceman who had learned about the mass murders.) Sheehan examined the records. Then he asked Powell to say for the record what activity had transpired in “grid square BS 7178” in this period. “The most significant of these occurred on 16, March, 1968,” Powell replied, “beginning at 0740 when C Company, 1st of the 20th, then under Task Force Barker, and the 11th Infantry Brigade, conducted a combat assault into a hot LZ [landing zone].” He noted that C Company, after arriving in the landing zone, killed one Vietcong. About fifteen minutes later, the same company, backed up by helicopter gunships, killed three VC. In the following hour, the gunships killed three more VC, while C Company “located documents and equipment” and killed fourteen Vietcong. “There is no indication of the nature of the action which caused these fourteen VC KIA,” Powell said. Later that morning, C Company, according to the journal, captured a shortwave radio and detained twenty-three VC suspects for questioning, while two other companies that were also part of Task Force Barker were active in the same area without registering any enemy kills.
He’ll always be best remembered for that ill-begotten speech at the UN. This is from CNN: “Colin Powell, first Black US secretary of state, dies of Covid-19 complications amid cancer battle.”
In February 2003, Powell delivered a speech before the United Nations in which he presented evidence that the US intelligence community said proved Iraq had misled inspectors and hid weapons of mass destruction.
“There can be no doubt,” Powell warned, “that Saddam Hussein has biological weapons and the capability to rapidly produce more, many more.”Inspectors, however, later found no such weaponry in Iraq, and two years after Powell’s UN speech, a government report said the intelligence community was “dead wrong” in its assessments of Iraq’s weapons of mass destruction capabilities before the US invasion.
But the damage was already done — to both Iraq, which the US went to war with just six weeks after Powell’s speech, and to the reputation of the once highly popular statesman, who was reportedly told by Cheney before the UN speech: “You’ve got high poll ratings; you can afford to lose a few points.”
Powell, who left the State Department in early 2005 after submitting his resignation to Bush the previous year, later called his UN speech a “blot” that will forever be on his record.
“I regret it now because the information was wrong — of course I do,” he told CNN’s Larry King in 2010. “But I will always be seen as the one who made the case before the international community.”
“I swayed public opinion, there’s no question about it,” he added, referring to how influential his speech was on public support for the invasion.
In his 2012 memoir, “It Worked for Me,” Powell again acknowledged the speech, writing that his account of it in the book would likely be the last he publicly made.
I am mad mostly at myself for not having smelled the problem. My instincts failed me,” he wrote, referring to the report he used that contained faulty evidence of supposed Iraqi WMDs. “It was by no means my first, but it was one of my most momentous failures, the one with the widest-ranging impact.”
“The event will earn a prominent paragraph in my obituary,” Powell wrote.

Gustav Klimt, Emilie Flöge (1902).
I liked Powell. It’s hard to be first of anything especially when you’re a woman or minority. I think both President Obama and Secretary Powell had to shoulder “the first black man to” and did so with a lot of caution. That’s a tough balancing act. He finally followed his own gut when he came out strongly for Obama. The one thing to admire about him was he was never one to avoid responsibility or apologies for leadership decisions that went awry
I’m having trouble figuring out one of my Senators who keeps showing a bit of unexpected independence from his Republican masters. This is from Axios: “GOP senator calls for senility test for aging leaders.” Both of my senators started out as liberal democrats. Maybe he’s getting a bit of his conscience back.
Sen. Bill Cassidy (R-La.), a physician, told me during an “Axios on HBO” interview that he favors cognition tests for aging leaders of all three branches of government.
Why it matters: Wisdom comes with age. But science also shows that we lose something. And much of the world is now run by old people — including President Biden, 78 … Speaker Pelosi, 81 … Senate Majority Leader Chuck Schumer, 70 … and Senate Minority Leader Mitch McConnell, 79.
Cassidy, a gastroenterologist, told me during our wide-ranging interview in Chalmette, La., that in your 80s, you begin a “rapid decline.”
- Noting he wasn’t talking about specific people, Cassidy said: “It’s usually noticeable. So anybody in a position of responsibility who may potentially be on that slope, that is of concern. And I’m saying this as a doctor.”
- “I’m told that there have been senators in the past who, at the end of their Senate terms were senile,” Cassidy added. “I’m told that was true of senators of both parties.”
Cassidy said it’d be reasonable for Supreme Court justices, members of Congress, and executive branch leaders to submit to an annual evaluation in which they would have to establish cognitive sharpness.
- “We each have a sacred responsibility to the people of the United States,” Cassidy said. “It is not about me. It is about my ability to serve the people.”
- Asked if he’d favor such a test for those leaders, Cassidy said: “Of course.”
🎬Watch a clip: A rare GOP smack to Trump … Cassidy says Donald Trump might lose the GOP nomination if he runs in 2024 — noting that Trump lost “the House, the Senate and the presidency in four years. Elections are about winning.”

Mickalene Thomas, Dim All The Lights (2009).
Senator Cassidy has gone rogue on several of the most Trumpy of Trumpist votes. This includes his vote for impeachment this year. This is from earlier this year and WaPo.
Sen. Bill Cassidy has been signaling for a few months that he wants to be a more independent force. After the November elections, in which the Louisiana Republican easily won a second term, Cassidy joined a bipartisan group that broke a negotiating logjam and paved the way for a $900 billion pandemic relief bill.
And on Jan. 6, as rioters supporting President Donald Trump were still being ejected from the Capitol, Cassidy condemned the attack in strong terms and demanded that Trump order the mob to stand down. “He needs to speak, because the president can speak as no one else can to these folks,” Cassidy told a Louisiana TV station that day.
But few expected Cassidy’s next bold, independent step — breaking GOP ranks and voting to declare that Trump’s second impeachment trial is constitutional and should proceed — particularly after he initially voted to essentially dismiss the case.
Don’t call him a RINO or a moderate he says. Perhaps he’s angling to just be the Republican Joe Manchin. It’s possible he sees himself as a non-partisan deal maker.
Why is doing things in moderation or being moderate a thought police crime these days? So, I had an overly exciting night yesterday having swallowed a part of a bay leaf that literally took my breath away and left me unable to speak. I finally used the old trick of a finger down the throat to get it out. Not an experience I’d want to share with anyone. I’m a bit out of sorts today. I also got my Pfizer booster on Friday plus all the adjustor stuff on Saturday. I’m going to call it a blog post and leave the chatting to you!
What’s on reading and list today?
Friday Reads: We need a Democracy Booster
Posted: October 15, 2021 Filed under: Afternoon Reads, Civil Liberties, Civil Rights, Congress, Domestic terrorism 8 Comments
Frida Kahlo, Niña tehuacana, Lucha María (Sol y luna) ( Girl from Tehuacán, Lucha María [ Sun and Moon ]), 1942. © 2019 Banco de México Diego Rivera Frida Kahlo Museums Trust, Mexico, D.F. / Artists Rights Society (ARS), New York. Courtesy of Di Donna Galleries.
Just got back from a very long wait for my Covid-19 Pfizer booster. I’d plan to get a flu shot too but they’d been out for over a week at my closest Walgreen’s. So, I’m way late and needed a reminder from BB. There are a lot of stories out there with one basic theme. Donald Trump and the throwback Republican Party are actively trying to dismantle our democratic republic.
Chauncey DeVega writes this for Salon: “Steve Bannon’s second act: He’s back, and he wants to bring down the curtain on democracy. Maybe you thought “Trump’s brain” was off the political stage forever. But he’s back — and now he smells revenge”
Bannon has been in the news this week: He may be charged with criminal contempt by the House committee investigating the Jan. 6 Capitol assault, and he hosted an event in Virginia on Wednesday night where attendees reportedly recited the Pledge of Allegiance before a flag used in that insurrection.
It does indeed seem likely that Bannon appears to have played a key role in the events of Jan. 6 and perhaps also in Trump’s overarching coup attempt. On a recent episode of his podcast, Bannon admitted to telling Trump, prior to that date, “You need to kill this [Biden] administration in its crib.”
Bannon has also made repeated use of the technique known as stochastic terrorism to encourage right-wing violence, while disclaiming personal responsibility. As HuffPost reports, he recently told his listeners of his “War Room” podcast: “We need to get ready now. We control the country. We’ve got to start acting like it. And one way we’re going to act like it, we’re not going to have 4,000 [shock troops] ready to go, we’re going to have 20,000 ready to go.”
Bannon has said these “shock troops” would be used to destroy the federal government from within in a second Trump administration, as a way of tearing down what he calls “the administrative state,” an anti-government euphemism that also includes multiracial democracy.
Political scientists, historians and others have shown that such rhetoric is used by Republicans and their allies (and by too many “moderate” or corporate-sponsored Democrats) to justify attacks on the very idea of government itself, in large part because they perceive it as serving the interests of Black and brown people and others deemed to be “undeserving.”
Bannon’s use of violent language about “shock troops” — in a military context, this means heavily armed, fast-moving elite soldiers used to break through enemy defenses — is not necessarily hyperbole or metaphor. Rather, it should be seen as part of a larger embrace of political violence and other terrorism by the Republican fascist movement.

Alice Rahon : Gato Nocturno : Night Cat, 1942
BB wrote a lot about Bannon’s refusal to submit to a congressional subpoena and a possible criminal complaint will be voted on in the full House of Representatives shortly. This is from Molly Jung-fast writing for The Atlantic: Democrats Are Ready to Send Steve Bannon to Jail. If Democrats want answers, they’ll need to enforce their subpoenas in the face of Trump allies’ defiance. They say that’s just what they plan to do.”
Democrats want to uphold norms of interparty civility while also preventing Trump and his buddies from completely undermining democracy. But time is running out. The January 6 committee is one of Congress’s last chances to narrate the Capitol riots and the Trump administration’s efforts to subvert the peaceful transfer of power. The only way to fight fascism is with narrative, Masha Gessen, the writer and activist, once told me. The select-committee probe presents a real opportunity to do just that.
Enforcing the committee’s subpoenas isn’t a controversial idea, Representative Eric Swalwell of California told me. “We must enforce congressional subpoenas not just for holding insurrectionists accountable but to show everyone in America that we all follow the same rules,” he said. “If Bannon and company are above the law, why wouldn’t nonpublic figures toss their lawful subpoenas in the trash?”
Perhaps Bannon thinks that the committee won’t follow through, or that jail time might martyr him. He’s dodged consequences for alleged misconduct before. Last year, he faced prison for his role in the “We Build the Wall” scheme, which prosecutors said was fraudulent, but Trump granted him an 11th-hour pardon. At least he’s had some time to think about what he might have to pack.
https://twitter.com/MollyJongFast/status/1448985844744953860
Susan Glasser calls the Trump Presidency an “active crime scene”.
A book from the former White House chief of staff Mark Meadows, “The Chief’s Chief,” is due out in December; Trump promoted it the other day as “an incredible Christmas present” that will explain how his Administration “did things that no other administration even thought they could do.”
Trump, of course, meant this as a bragging point, not as an ironic commentary on all the norm-busting and lawbreaking that occurred during his four years in office. “Remember,” he said in the statement, “there has never been an administration like ours.” In that, he’s right. The rapidly accumulating pile of books on the history of the Trump Administration is different in a crucial respect: they are not helping to explain the past so much as they are attempting to explain a present and very much ongoing crisis. Meadows, for example, is a crucial witness in the investigation by the House select committee into the events of January 6th. The panel subpoenaed him and several other Trump advisers to give testimony and hand over documents, with a deadline of Thursday. Not one has done so, setting the stage for a new and potentially protracted series of court battles. The panel announced on Thursday that it will seek to hold Steve Bannon, Trump’s fired White House strategist (the two later reconciled), in criminal contempt; it said that it is still negotiating with Meadows and the former Pentagon official Kash Patel. How many months or years will we have to wait to find out what they and others knew, and did, as a pro-Trump mob tried to stop Congress from certifying Trump’s defeat?
The bottom line is that the story of the Trump Presidency still has important unanswered questions that the forthcoming pile of books cannot answer. And they have an urgency about them that unanswered questions about past Administrations usually don’t, given the ongoing threat to our democracy: Trump is not only preparing to run again but is determined to mold the G.O.P. into a single-issue Party, the ideology of which consists solely of disputing the legitimacy of the election that turned him out of office. The Trump Presidency is not yet, alas, simply a matter for booksellers and book writers; it’s an active crime scene.

Hayv Kahraman, T25 and T26, 2017. © Hayv Kahraman. Courtesy of the artist, Jack Shainman Gallery, and White Cube.
Republican states are happily destroying the civil rights of women and minorities expecting no retribution when their actions get to the supreme court. This headline out of Oklahoma is beyond disturbing. It’s a horrific injustice and downright mean-spirited. “Native American Woman In Oklahoma Convicted Of Manslaughter Over Miscarriage. Brittney Poolaw faces four years in prison for a miscarriage she suffered less than halfway through her pregnancy.” The headline comes via Oxygen.
Prosecutors in Oklahoma successfully argued to a jury this month that a woman who had a miscarriage was guilty of the manslaughter of her non-viable fetus.
Brittney Poolaw, 21, was convicted of second-degree manslaughter by a Comanche County jury on Oct. 5 for the death of her fetus that had a gestational age of 15 to 17 weeks, reported ABC affiliate KSWO in Lawton, Oklahoma. She was charged with in the case on Mar. 16, 2020 after a miscarriage that occurred on Jan. 4, 2020.
Obstetricians determine gestational ages based on the date of the woman’s last period prior to getting pregnant — i.e., before the date of conception. The U.S. Supreme Court determined with Roe v. Wade in 1973 that legal viability is after the 28th gestational week, when fetal survival is generally above 90 percent, but medical viability is pegged at 25-26 weeks, when the fetus has more than a 50 percent chance of surviving outside the womb, according to the American College of Obstetrics and Gynecology. The Centers for Disease Control and Prevention only defines a fetus as “stillborn” if it is delivered after 20 weeks gestational age; before that, it’s medically considered a miscarriage.
The Lawton Constitution reported last year that, according to police, the then-19 year-old Poolaw miscarried at home in early 2020 and was brought to the Comanche County Memorial Hospital with the umbilical cord still attached to the fetus. She told the medical staff that she had used both methamphetamines and marijuana while she’d been pregnant.
Later, in interviews with police, Poolaw allegedly confirmed that she’d smoked marijuana but used methamphetamines intravenously, including as recently as two days prior to her miscarriage. She also allegedly told them, according to the Lawton paper, “that when she first became pregnant, she didn’t know if she wanted to keep the baby or not.”
It is unclear from those reports whether she had actively decided to continue the pregnancy, given that she had been 15 to 17 weeks along, simply hadn’t made a decision or had few other options but to continue it. The nonprofit Guttmacher Institute notes that 53 percent of women in Oklahoma live in the 96 percent of counties with no facilities that offer abortion services — Comanche County among them — and the state requires a woman go to a provider twice, 72 hours apart, in order to obtain an abortion. Abortion is, by law, not covered by most private insurance plans in the state without an extra rider, and it isn’t covered by Medicaid except in extremely limited circumstances.
(In April 2021, Oklahoma’s governor signed three bills that will effectively eliminate all abortion access in the state — including a ban on any abortions after six weeks gestational age. The new laws are scheduled to take effect in November. They would not, however, have applied in Poolaw’s case.)
Technically speaking, Oklahoma state law did not criminalize women for miscarriages, stillbirths or other fetal harm for which prosecutors felt the woman was at fault until September 2020, when the state Supreme Court ruled that, despite the state’s child neglect and homicide laws making no reference to fetuses, the laws nonetheless encompassed a viable fetus whose mother used drugs.

Dorothea Tanning, Fatala, 1947. © Dorothea Tanning Foundation. Image courtesy of Gallery Wendi Norris, San Francisco.
The Washington Post reports that the “Justice Department will ask Supreme Court to block Texas abortion law while legal fights play out .”
The Department of Justice said Friday that it will ask the Supreme Court for an emergency halt to the Texas law that has restricted access to abortion in the nation’s second largest state to an extent not seen in 50 years.
The announcement followed a decision by a federal appeals court Thursday night that allowed the law to remain in effect. A lower court judge last week said the law was unconstitutional.
The department’s announcement meant the high court for the second time will be asked to put the law on hold while legal challenges to it continue. In a divisive 5 to 4 decision last month, the court allowed the law to take effect as the case goes forward, even though the majority said it raised constitutional concerns.
Abortion has emerged as the most dominant issue at the Supreme Court this term, as those opposed to it see a new opportunity for victory in the court’s changed membership, with three members nominated by President Donald Trump.
The court on Dec. 1 will hear a challenge to a Mississippi law that conservatives have urged the court to use to overturn the constitutional right to abortion established nearly a half-century ago in Roe v. Wade.
Mississippi’s law would ban most abortions after 15 weeks. Roe and subsequent decisions say a state may not impose undue burdens on the right to choose abortion before fetal viability, normally gauged to be between 22 and 24 weeks. The Mississippi law was put on hold by lower courts.
Texas’s law is more restrictive than that. It bars abortion as early as six weeks into the pregnancy, when many do not realize they are pregnant, and makes no exceptions for rape or incest.
And lastly, in the category of they walk among us:
All this has made me quite distrustful of a whole lot of White Americans.
A U.S. Capitol Police officer has been indicted on obstruction of justice charges after prosecutors say he helped to hide evidence of a rioter’s involvement in the Jan. 6 insurrection.
The officer, Michael A. Riley, is accused of tipping off someone who participated in the riot by telling them to remove posts from Facebook that had showed the person inside the Capitol during the Jan. 6 attack, according to court documents.
Riley, 50, appeared virtually in federal court in Washington and was released with several conditions, including that he surrender any firearms and not travel outside the U.S. without permission from a judge. He was ordered to return to court later this month.
Riley, who responded to a report of a pipe bomb on Jan. 6 and has been a Capitol Police officer for about 25 years, had sent the person a message telling them that he was an officer with the police force who “agrees with your political stance,” an indictment against him says.
The indictment spells out how Riley sent dozens of messages to the unidentified person, encouraging them to remove incriminating photos and videos and telling them how the FBI was investigating to identify rioters.
I hope you have a good weekend. I seem to have no soreness or anything on my arm. I’m hoping this holds. Meanwhile, Blow up your TV, Throw away your paper …
What’s on your reading and blogging list today?








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