Mostly Monday Reads: Prepare for a Toxic Election Season

Good Day, Sky Dancers!

I can assuredly say that everyone I know has been so worn down by the Trump years that I cannot imagine this election season could get any worse than the last four.  But, the more Trump wannabes enter races and the likelihood that Trump will prevail in the Republican party means that Republicans will amp up the campaign rhetoric as well as the trash passed by the House. Their infighting spills into the news also. Get ready to stock up on all your comfort items!  It’s not even Labor Day, and the Crazy Train has left the station.

There are also the usual gadflies running to the left of Joe Biden.  They’re not only attracting gasps from the Democratic party, they attracting Republican Donor money in the hopes they can cut into Biden’s lead. This is from Michael Tomasky, writing for The New Republic. This Is the Time for Quixotic, Corrosive Campaigns? Seriously? Robert F. Kennedy Jr., Cornel West, and No Labels are effectively surrogates for Donald Trump’s 2024 bid.”

You might think, in a two-party democracy where the man who is a dead-on bet to be the presidential nominee of one of those parties has all but pledged to wipe out said democracy and promised to use his second term to destroy all internal enemies, that the rest of the society would band together to try to prevent that from happening.

That Donald Trump has so pledged is, to everyone who is not a supporter of his, beyond dispute. He has stated many times some version of his belief that “the greatest threat to Western civilization” is “some of the horrible, USA-hating people” in our midst, by which he means the many millions who disagree with him. When he was president, his people were preparing a plan for a possible second term that involved firing thousands of government employees and replacing them with staff loyal to him. He called for the termination of the Constitution’s rules that allowed Joe Biden to win in 2020, even though those rules worked properly to elect the person who won. He led a riot against the U.S. government to overthrow the election results. He calls the press the “enemy of the people.” There’s no telling what a new Trump term would bring. Our democracy would be disfigured at best and, at worst, destroyed.

You’d think people would take that pretty seriously. If we were all watching a Star Trek episode in which a teetering democratic society faced an imminent, dangerous threat, we’d be cheering for the society to come to its senses and work in unison to defeat the threat. That’s what should be happening in real life. But instead, a lot of people have chosen this moment, when the democracy is hanging by a few tattered threads and its future depends directly on the result of next year’s election, to say, Hey, let’s have some fun! This is all a game anyway.

Well, it’s not a game. And it’s astonishing to me that people can be so blithe about it. Let’s look at four (or four and a half) examples.

First, Robert F. Kennedy Jr. has decided that this is the right time to run a quixotic and corrosive presidential campaign whose end result can only be to fuel cynicism not just about Biden but about the whole system. That’s the inevitable outcome when a crackpot conspiracy theorist who spouts nothing but lies is given a platform like the one Kennedy now has.

His latest WTF moment, that Covid was “targeted to attack Caucasian and Black people” and that Jewish and Chinese people were most immune, may finally have signaled to the political-media establishment that this guy should not be indulged any further. Let us hope so. He won’t come close to winning the nomination. His support has slipped since the spring—he’s been polling at single digits in some state polls.

That isn’t the threat. The threat is that his out-there beliefs and cuckoo theories and refusal to denounce expressions of support from right-wing extremists up to and including Alex Jones (in his recent interview with David Remnick) lend support to the Trumpian view of the world. If his Democratic support ends up being a disgruntled 6 or 7 percent, without him on the November ballot, won’t the bulk of that 6 or 7 percent turn to the guy who sounds most like him? And in Wisconsin, Georgia, and a few other close states, that could be the ball game.

RFK, Jr. belongs in the Loony Tunes universe right next to the QAnon creeps. Think of what Bugs Bunny or the Road Runner could do to them!  That’s why  Junior is managing to get Republican support. I also believe that he’ll drive the narratives in the press of the BothSiderists.  You know who they are.  This article from Politico is a depressing look at political funding by billionaire Republicans. “RFK Jr.’s secret fundraising success: Republicans.  A POLITICO analysis shows donor overlap with DeSantis and Trump supporters.” This analysis was written by Jessica Piper. 

The top contributors to Robert F. Kennedy Jr.’s presidential campaign included donors who typically give to Republicans, according to campaign finance filings — underscoring the extent to which Kennedy, running as a Democrat, is resonating with the other party.

Kennedy’s campaign committee reported raising $6.3 million since his April launch, according to documents filed with the Federal Election Commission on Saturday. He spent $1.8 million and had $4.5 million cash on hand as of June 30.

Some of that money came from donors who have more recently supported Republicans. Kennedy’s campaign raked in at least $100,000 from donors who previously gave to committees associated with Florida Gov. Ron DeSantis or former President Donald Trump, according to a POLITICO analysis of federal and state campaign finance filings. The analysis is based solely on Kennedy’s itemized donations, although he also raised more than $2 million from small-dollar donors, whose names the campaign does not have to disclose.

Such crossover giving is unusual, but Kennedy is running on a platform that includes opposition to efforts to vaccinate against Covid-19, which is increasingly resonating with the Republican base. Though there has been an uptick in vaccine skepticism in recent years, the biggest increases tend to be among voters who identify as Republican.

Kennedy has also been a frequent guest on Fox News since launching his campaign in April, criticizing President Joe Biden on issues including the war in Ukraine and the response to the COVID-19 pandemic.

Among the donors who maxed out donating to Kennedy despite having recent histories of giving to Republicans is banking executive Omeed Malik, who Axios reported is hosting separate fundraisers for DeSantis and Kennedy in the Hamptons this summer.

We can always hope he drains voters from DeSantis, but DeSantis is doing a great job of that on his own.

https://twitter.com/SIfill_/status/1680371100583182337

This is from the Traister analysis. “RFK Jr.’s Inside Job. How a conspiracy-spewing literal Kennedy posing as a populist outsider jolted the Democratic Party.”

But they aren’t the only ones who took exploitative advantage of the suffering of millions: Kennedy’s vilification of Fauci as a fascist sold more than 1 million copies, and his public profile grew with his every outsize utterance, including that vaccine mandates “will make you a slave” and that “even in Hitler’s Germany, you could cross the Alps to Switzerland. You could hide in an attic like Anne Frank did,” a nadir so low that even his wife, the actress Cheryl Hines, had to issue a statement condemning it.

But however off-kilter he sounded — indeed, precisely because he was extra off-kilter in his attacks on lockdowns and vaccines and masks — Kennedy’s COVID performance became the springboard that launched his current campaign against Biden for the Democratic nomination for the presidency in 2024. Kennedy kicked off his bid in Boston in April, addressing a roomful of people cheering and holding signs with his name in the air. He had the look of a man getting the reception he’d been waiting for his whole life, and his extemporaneous remarks stretched to almost two hours, his expensive education and resemblance to his famous forebears covering for quite a bit of rambling. “He can look and sound so thoughtful and contemplative,” said one person who has known him a very long time. “And he’s just bursting with madness.” Kennedy soon began polling at an eye-catching nearly 20 percent in multiple surveys, and though a recent New Hampshire poll showed him at 9 percent in June, he earned higher favorability numbers in an Economist-YouGov poll than either Biden or Donald Trump.

He has spent the summer traveling to every dark-web–cancel-cultured–just-asking-questions–anti-woke whistle-stop that’ll have him, appearing on podcasts with Bari WeissJoe RoganRussell Brand, and Jordan Peterson, among others. He can count among his reply guys and fans (and, in some cases, early endorsers) a clutch of Silicon Valley CEOs and financiers, including hedge-fund manager Bill Ackman; venture capitalists Chamath Palihapitiya and David Sacks; and Elon Musk and Jack Dorsey, the current and former overlords of Twitter, respectively. He has been friendly with many in the media, including Salon founder and former editor-in-chief David Talbot and Rolling Stone co-founder and longtime editor Jann Wenner. Kennedy’s campaign manager is Dennis Kucinich, the former Cleveland mayor and Ohio congressman. A super-PAC called American Values 2024 has reportedly raised millions in support of Kennedy’s campaign, and Sacks held a fundraising dinner for him in June for which diners paid $10,000 a ticket. Kennedy’s drive to speak his mind has been praised by those on the far right, including Tucker Carlson and Steve Bannon, and some on the self-described left, like Matt Taibbi and Max Blumenthal.

Kennedy crowed to me about his horseshoe coalition gathered round a campaign he views as fundamentally populist. And it’s quite a band he has put together: crunchy Whole Foods–shopping anti-vaxxers, paunchy architects of hard-right authoritarianism looking to boost a chaos agent, Nader-Stein third-party perma-gremlins, some Kennedy-family superfans, and rich tech bros seeking a lone wolf to legitimize them. Their convening can give the impression of weightiness, but if you so much as blew on them, the alliance would shatter into a million pieces. The only thing that seems to bind them is Kennedy, the current embodiment of a warped fantasy of marginalization and martyrdom that has become ever more appealing — and thus politically significant — in an age of disinformation and distrust in government and institutions.

Que Susan Sarandon, or does she only hate Hillary?  At least Marianne Williamson is running out of cash.  FiveThirtyEight asks the question. “How Seriously Should We Take Marianne Williamson And Robert F. Kennedy Jr.?”

But nobody who covers elections (including us) seems to be taking Williamson and Kennedy particularly seriously. So I come to the FiveThirtyEight brain trust with two questions today:

  • There’s plainly some kind of appetite for a non-Biden candidate on the Democratic side — so why are oddball candidates like Williamson and Kennedy the only ones who have jumped in?
  • Are we underestimating Williamson and Kennedy’s ability to make Biden’s life difficult as we get closer to the Democratic primaries?

nrakich (Nathaniel Rakich, senior elections analyst)Interesting, Amelia, I’m not sure I agree with your premise there! I think a lot of people are taking Williamson and Kennedy more seriously than I’d like them to.

ameliatd: ((Amelia Thomson-DeVeaux, senior reporter) Ooh, we’re bickering already! I love it. Please say more …

nrakich: Basically, they’re being covered like serious candidates. Reporters are going to their rallies and writing exposés on them. Even if they say they are extreme long-shot candidates, they aren’t treating them that way. Actions speak louder than words.

The Republicans are just vile.  This is from Lawyers, Guns, and Money. “The decline and decline of Pudding Ron.”  These signs were noticed by Scott LeMieux in the New York Times.

All the signs of a campaign flameout are there:

Gov. Ron DeSantis of Florida has started cutting campaign staff just months into his presidential bid, as he has struggled to gain traction in the Republican primary and lost ground in some public polls to former President Donald J. Trump.

The exact number of people let go by the DeSantis team was unclear, but one campaign aide said it was fewer than 10. The development was earlier reported by Politico.

The dismissals are an ominous sign for the campaign and also underscore the challenges that Mr. DeSantis faces with both his fund-raising and his spending, at a time when a number of major donors who had expressed interest in him have grown concerned about his performance.

[…]

Mr. DeSantis’s struggles appear to be not just about the numbers, but also with the campaign’s message. Late last week, two top DeSantis advisers, Dave Abrams and Tucker Obenshain, were announced to be leaving to join an outside group supporting Mr. DeSantis.

Mr. DeSantis’s campaign finance disclosure with the Federal Election Commission shows he raised roughly $20 million but spent almost $8 million, a so-called burn rate that leaves him with just $12 million in cash on hand. Only about $9 million of that cash can be spent in the primary, with the rest counting toward the general election if he is the nominee.

The filing indicated a surprisingly large staff for a campaign so early in a candidacy, particularly for one with a super PAC that has made a show of how much of the load it is prepared to handle. More than $1 million in expenditures were listed as “payroll” and payroll processing.

Ah, the “burning tons of cash to go backward” trajectory. To be fair, there is no precedent for a Florida Republican becoming an establishment darling, raising lots of money, and having his presidential campaign become a pathetic joke.

Speaking of Pathetic Jokes … “The Standoff Between Marjorie Taylor Greene and Lauren Boebert Is Worse Than You Think” from The Daily Beast.  This report is by Zachary Pitrizzo. 

It’s no secret that the relationship between Marjorie Taylor Greene and Lauren Boebert has never been worse. The two U.S. representatives yelled at each other on and off the House floor. Greene recently called Boebert a “little bitch” to her face. And Boebert supported Greene’s removal from the Freedom Caucus.

But, lawmakers told The Daily Beast, the situation between the two is still even worse than most people think.

“A fistfight could break out at any moment,” Rep. Tim Burchett (R-TN) told The Daily Beast.

Burchett, who later clarified that he was serious, said he was enjoying the standoff as a “professional wrestling fan.”

“I am friends with both of them. It’s entertaining to think that a fistfight could break out at any movement. I kind of dig that,” he continued.

Burchett isn’t the only person who thinks the feud could turn even nastier.

Yeah, “men” just love a catfight.  So here’s one for them between Pudding Ron and Orange Caligula. They’re such nasty men.  This is from The Hill. “Trump campaign calls Iraq veteran ‘lily-livered’ for flipping to DeSantis.”  Why Does he hate our Military so much?

Former President Trump’s campaign described Iowa state Sen. Jeff Reichman (R) as “lily-livered” for flipping his endorsement to Florida Gov. Ron DeSantis (R) following Trump’s attack on Iowa Gov. Kim Reynolds (R) earlier this week.

In a statement to The Hill, Trump campaign spokesperson Steven Cheung stated, “There is no room for weak-kneed and lily-livered people on Team Trump.”

Reichman, an Iraq veteran, announced Thursday he would be flipping his endorsement of Trump, and backing DeSantis instead. The state senator, who is serving his first term in Iowa’s upper chamber, was included on a list of around a dozen Iowa officials who the Trump campaign considered early endorsers of the former president.

In his statement, Cheung goes on to claim DeSantis is “so desperate that he’s willing to offer buyouts in the form of fundraisers for endorsements.”

“The truth is that those who have been promised financial support are now regretting their deal with the devil because none of them have been able to schedule fundraisers with DeSantis,” the statement continued.

DeSantis’s campaign said earlier this month it raised $20 million during the second quarter of 2023, while the Trump campaign hauled in more than $35 million in the second quarter, the Trump campaign confirmed to The Hill.

Reichman’s decision to flip support comes days after Trump lashed out at Reynolds on Truth Social on Monday for not endorsing a presidential candidate in the 2024 election. The social media post followed a New York Times report describing the Trump campaign’s frustration with Reynolds’s multiple appearances with DeSantis during his stops in Iowa.

My final offering today is from ProPublica, which is still investigating the roles of Billionaires in Political and SCOTUS decisions.  “In lavishing gifts on the Supreme Court justice, the billionaire GOP donor may have violated tax laws, according to tax experts.” And how about Uncle Thomas?”

For months, Harlan Crow and members of Congress have been engaged in a fight over whether the billionaire needs to divulge details about his gifts to Supreme Court Justice Clarence Thomas, including globe-trotting trips aboard his 162-foot yacht, the Michaela Rose.

Crow’s lawyer argues that Congress has no authority to probe the GOP donor’s generosity and that doing so violates a constitutional separation of powers between Congress and the Supreme Court.

Members of Congress say there are federal tax laws underlying their interest and a known propensity by the ultrarich to use their yachts to skirt those laws.

Tax data obtained by ProPublica provides a glimpse of what congressional investigators would find if Crow were to open his books to them. Crow’s voyages with Thomas, the data shows, contributed to a nice side benefit: They helped reduce Crow’s tax bill.

The rich, as we’ve reported, often deduct millions of dollars from their taxes related to buying and operating their jets and yachts. Crow followed that formula through a company that purported to charter his superyacht. But a closer examination of how Crow used the yacht raises questions about his compliance with the tax code, experts said. Despite Crow’s representations to the IRS, ProPublica reporters could find no evidence that his yacht company was actually a profit-seeking business, as the law requires.

“Based on what information is available, this has the look of a textbook billionaire tax scam,” said Senate Finance Committee chair Ron Wyden, D-Ore. “These new details only raise more questions about Mr. Crow’s tax practices, which could begin to explain why he’s been stonewalling the Finance Committee’s investigation for months.”

Crow, through a spokesperson, declined to respond to ProPublica’s questions.

So,  ‘Ain’t That Pretty at All.’

Well, I’ve seen all there is to seeAnd I’ve heard all they have to sayI’ve done everything I wanted to do . . .I’ve done that tooAnd it ain’t that pretty at allAin’t that pretty at allSo I’m going to hurl myself against the wall‘Cause I’d rather feel bad than not feel anything at all

Warren Zevon

What’s on your reading and blogging list today?


Finally Friday Reads

Caspar David Friedrich, Monk by the Sea, c. 1809,

Good Day Sky Dancers!

The headlines are filled with Republican Shenanigans. Holding them accountable for illegal actions appears difficult.  This highlights the difference in treatment for everyone else and white men.

The case against Rep. Matt Gaetz has now been considered too difficult to prosecute because all of the witnesses are not upstanding citizens.  What do you expect from a gang of sex traffickers of underage women?  Devlin Barret, writing for The Washington Post, states: “Career prosecutors recommend no charges for Gaetz in the sex-trafficking probe. Investigators see credibility challenges for two of the main witnesses in the probe of the congressman’s past dealings with a 17-year-old.”

Career prosecutors have recommended against charging Rep. Matt Gaetz (R-Fla.) in a long-running sex-trafficking investigation — telling Justice Department superiors that a conviction is unlikely in part because of credibility questions with the two central witnesses, according to people familiar with the matter.

Senior department officials have not made a final decision on whether to charge Gaetz, but it is rare for such advice to be rejected, these people told The Washington Post, speaking on the condition of anonymity to discuss the deliberations. They added that it is always possible additional evidence emerges that could alter prosecutors’ understanding of the case.

Nevertheless, it is unlikely that federal authorities will charge Gaetz with a crime in an investigation that started in late 2020 and focused on his alleged involvement with a 17-year-old girlseveral years earlier. Gaetz,40, has repeatedly denied wrongdoing, saying he has never paid for sex. He has also said the only time he had sex with a 17-year-old was when he was also 17.

Chase William Merritt, Idle Hours .1894

The congressman is likely a role model for these guys.  Again, this is from The Washington Post, written by Taylor Lorenz. “The online incel movement is getting more violent and extreme, report says. The Center for Countering Digital Hate analyzed more than 1 million posts showing a rise in advocacy of rape, mass killings.”

The most prominent forum for men who consider themselves involuntarily celibate or “incels” has become significantly more radicalized over the past year and a half and is seeking to normalize child rape, a new report says.

The report, by the Center for Countering Digital Hate’s new Quant Lab, is the culmination of an investigation that analyzed more than 1 million posts on the site. It found a marked spike in conversations about mass murder and growing approval of sexually assaulting prepubescent girls.

The report also says that platforms including YouTube and Google, as well as internet infrastructure companies like Cloudflare are facilitating the growth of the forum, which the report said is visited by 2.6 million people every month. “These businesses should make a principled decision to withdraw their services from sites causing such significant harm,” the report says.

“This is a novel, new violent extremist movement born in the internet age, which defies the usual characteristics of violent extremist movements that law enforcement and the intelligence community are usually used to,” said Imran Ahmed, founder and CEO of CCDH, a US-based nonprofit. “Our study shows that it is organized, has a cogent ideology and has clearly concluded that raping women, killing women, and raping children is a clear part of the practice of their ideology.”

Incels blame women for their failings in life. The term originated decades ago, and while the first incel forum was founded by a woman in the mid 1990s, incel communities have since become almost exclusively male. Incel ideology has been linked to dozens of murders and assaults over the past decade, the most prominent one involving Elliot Rodger, a 22-year-old self-described incel who murdered six people in a stabbing and shooting rampage in Santa Barbara, Calif., in 2014. Before killing himself, he posted a long manifesto and YouTube videos promoting incel ideology.

In March, the U.S. Secret Service’s National Threat Assessment Center released a report warning that anti-woman violence was a growing terrorism threat.

According to the CCDH analysis, members of the forum post about rape every 29 minutes, and more than 89 percent of posters support rape and say it’s acceptable. The CCDH analysis also found that posters on the forum are seeking to normalize child rape. More than a quarter of members of the forum have posted pedophilia keywords, the analysis found, and more than half of the members of the forum support pedophilia.

I don’t believe this is necessarily a new thing.  This is the problem with the internet.  It lets the worst of society hang together and leads to an evil gestalt.  These men gain confidence and ideas from their online cult.  Also, they can see how easy it is for certain types of men to avoid legal entanglements.

This is written by Brian Bennet.   Steal food or smoke a joint, and you wind up in jail for years. This is especially true if you’re a minority or a poor person.  Steal millions via government grants; they ignore you.  Like in sports, Colin Kaepernick and Michael Vick get demonized for their behaviors and dumped. Brett Favre steals millions for welfare recipients in Mississippi and crickets.

On Wednesday, New York Attorney General Letitia James compounded Trump’s legal woes, announcing that the state was suing Trump, his three adult children, the Trump Organization, and senior management in the company, alleging business fraud involving the value of assets to banks, insurance companies and the state tax authorities.

The sheer number of investigations and the increasingly tangled defenses his legal team is having to put on paper and argue in court amount to a stress test of Trump’s standard strategy to deny, deflect, delay, and not put anything in writing.

“I don’t think there’s any other president who was in a similar legal jeopardy” after leaving office, says Timothy Naftali, a historian at New York University and former director of the federal Richard Nixon Presidential Library and Museum. Warren Harding was investigated by his own vice president and successor, Calvin Coolidge. Nixon would have been the target of investigations for years if Gerald Ford had not pardoned him in September 1974, a month after Nixon resigned from office.

“Even Nixon pales by comparison,” says Norman Eisen, an anti-corruption expert at Brookings Institution and the former special counsel to the Democrat’s House Judiciary Committee from 2019 to 2020 during Trump’s first impeachment. “Nixon just had one Watergate scandal. Trump has had a succession of them, each one more concerning than the last.”

In Georgia, Fulton County District Attorney Fani Willis is looking into how Trump pressured election officials to swing the 2020 presidential election in his direction. The House Jan. 6 Committee and the Department of Justice are both looking at what role Trump played in the lead up to the deadly attack on the Capitol Building to stop the lawful counting of electoral college votes. Federal prosecutors have an active criminal investigation into how and why Trump took thousands of government documents—many containing state secrets—to his residence at Mar-a-Lago and why he refused repeated requests to return them.

And New York’s civil lawsuit announced by James on Wednesday is on top of a separate criminal investigation out of the Manhattan District Attorneys’ Office into the Trump Organization that is set to go to trial in October.

In all of the ongoing cases, Trump is employing the tried-and-true playbook he first learned all those years ago from Cohn for staying out of prison and staying in business, according to Jennifer Taub, a professor at Western New England University School of Law who has tracked the ways that Trump had evaded accountability for decades.

Beach in Pourville, Claude Monet, 1882

This exclusive headline from CNN really is fascinating.  I imagine the move is to stop the prosecutors from being able to find and flip associates.  “Exclusive: Trump’s secret court fight to stop grand jury from getting information from his inner circle.”

Former President Donald Trump‘s attorneys are fighting a secret court battle to block a federal grand jury from gathering information from an expanding circle of close Trump aides about his efforts to overturn the 2020 election, people briefed on the matter told CNN.

The high-stakes legal dispute — which included the appearance of three attorneys representing Trump at the Washington, DC, federal courthouse on Thursday afternoon — is the most aggressive step taken by the former President to assert executive and attorney-client privileges in order to prevent some witnesses from sharing information in the criminal investigation events surrounding January 6, 2021.

The court fight over privilege, which has not been previously reported and is under seal, is a turning point for Trump’s post-presidency legal woes.

How the fight is resolved could determine whether prosecutors can tear down the firewall Trump has tried to keep around his conversations in the West Wing and with attorneys he spoke to as he sought to overturn the 2020 election and they worked to help him hold onto the presidency.

This dispute came to light as former Trump White House adviser and lawyer Eric Herschmann received a grand jury subpoena seeking testimony, the people briefed said.

Other former senior Trump White House officials, including former White House counsel Pat Cipollone and his deputy Patrick Philbin, appeared before the grand jury in recent weeks, after negotiating specific subjects they would decline to answer question about, because of Trump’s privilege claims.

Have you ever seen anyone claim privilege this many times?  Nixon didn’t get away with it, so what’s the deal with the Trump claims?  This Trumper candidate seems pretty audacious with the lies too.  Uh, that’s not how this works JR, this is not how any of this works.

But these folks will be bankrolled!  Check out these links!

Alex Isenstadt / PoliticoTrump to unleash millions in the midterms in possible prelude to 2024

 Peter Stone / The GuardianAlarm as Koch bankrolls dozens of election denier candidates

Former Justice Stephan Breyer warns the current Supreme Court Cartel not to take its backward-facing privilege too seriously.  This is also from CNN, and then I am done with all these bad boys.  “Breyer warns justices that some opinions could ‘bite you in the back’ in exclusive interview with CNN’s Chris Wallace.”

Retired Supreme Court Justice Stephen Breyer is warning his colleagues against “writing too rigidly” in their opinions, saying that such decisions could “bite you in the back” in a world that is constantly changing.

In a wide-ranging interview with CNN’s Chris Wallace on “Who’s Talking to Chris Wallace,” which debuted Friday on HBOMax and airs Sunday night on CNN, Breyer also bemoaned his position in the court’s minority liberal bloc during his final year on the bench, addressed the court’s reversal of Roe v. Wade and spoke about the ongoing controversy regarding Ginni Thomas, the wife of Justice Clarence Thomas.

Breyer said it was a “very frustrating” spot to be in as he found himself in dissent in a number of historically consequential cases where he said the majority side (conservatives — although the retired justice did not use that description) was unwilling to bend.

“You start writing too rigidly and you will see, the world will come around and bite you in the back,” Breyer said in his first televised interview since leaving the bench earlier this year. “Because you will find something you see just doesn’t work at all. And the Supreme Court, somewhat to the difference of others, has that kind of problem in spades.”

“Life is complex, life changes,” Breyer added. “And we want to maintain insofar as we can — everybody does — certain key moral political values: democracy, human rights, equality, rule of law, etc. To try to do that in an ever-changing world. If you think you can do that by writing 16 computer programs — I just disagree.

The comments from Breyer come days before the Supreme Court begins its first term without him in nearly 30 years. In the new term, the justices will consider issues including voting rights, immigration, affirmative action, environmental regulations and religious liberty — areas where the solid conservative majority can easily control the outcomes.

Okay, that’s “all I can stands and I can’t stands no more.”  (To quote my childhood hero.)

What’s on your reading and blogging list today?

 

The great nations of Europe were standing on the shore.
They’d conquered what was behind them
And now they wanted more
So they looked to the mighty ocean
And took to the Western sea
The great nations of Europe in the 16th century

Hide your wives and daughters, hide the groceries too
The great nations of Europe comin’ through

 

 


Monday Reads: Of Droogs, Unwinable Wars, and Civil Rights Protests

Good Day Sky Dancers!

Fifty years ago, Elton John released Tiny Dancer, and Clockwork Orange was playing in theatres. We were fighting what seemed like an endless war run by a lawless President.  It was the year of the Easter Offensive when North Vietnamese forces overran South Vietnamese forces. It was probably the first true evidence of a war the US would not win.

Shirley Chisholm became the first woman and African American to seek the nomination for president of the United States from one of the two major political parties. The Equal Rights Amendment (ERA) passed Congress and got 35 of the 38 votes to become a Constitutional Amendment.  In 1972, Native Americans occupied the Bureau of Indian Affairs.  The protest came from tribal frustration with the government’s ‘Trail of Broken Treaties.’  It lasted six days.

After the Senate voted passage of a constitutional amendment giving women equal rights, Sen. Birch Bayh, D-Ind., left, met with two supporters and one opponent, Wednesday, March 23, 1972 in the Capitol in Washington. Sen. Sam Ervin, D-N.C., second from right, one of eight senators who voted against the amendment. Others are Rep. Martha Griffiths, D-Mich., and Sen. Marlow Cook, R-Ky.

Furman v. Georgia was decided in 1972.  The United States Supreme Court invalidated all death penalty schemes in the United States in a 5–4 decision.  Each member of the majority wrote a separate opinion. The Civil Rights act of 1972 passed which led to Title IX.

A recipient institution that receives Department funds must operate its education program or activity in a nondiscriminatory manner free of discrimination based on sex, including sexual orientation and gender identity. Some key issue areas in which recipients have Title IX obligations are: recruitment, admissions, and counseling; financial assistance; athletics; sex-based harassment, which encompasses sexual assault and other forms of sexual violence; treatment of pregnant and parenting students; treatment of LGBTQI+ students; discipline; single-sex education; and employment. Also, no recipient or other person may intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by Title IX or its implementing regulations, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in a proceeding under Title IX.

1972 was also the year of the Gary Declaration coming from a National Black Political Convention. Reverend Jesse Jackson was just one of many to attend the convention.

What Time Is It?

We come to Gary in an hour of great crisis and tremendous promise for Black America. While the white nation hovers on the brink of chaos, while its politicians offer no hope of real change, we stand on the edge of history and are faced with an amazing and frightening choice: We may choose in 1972 to slip back into the decadent white politics of American life, or we may press forward, moving relentlessly from Gary to the creation of our own Black life. The choice is large, but the time is very short.

Let there be no mistake. We come to Gary in a time of unrelieved crisis for our people. From every rural community in Alabama to the high-rise compounds of Chicago, we bring to this Convention the agonies of the masses of our people. From the sprawling Black cities of Watts and Nairobi in the West to the decay of Harlem and Roxbury in the East, the testimony we bear is the same. We are the witnesses to social disaster.

Our cities are crime-haunted dying grounds. Huge sectors of our youth — and countless others — face permanent unemployment. Those of us who work find our paychecks able to purchase less and less. Neither the courts nor the prisons contribute to anything resembling justice or reformation. The schools are unable — or unwilling — to educate our children for the real world of our struggles. Meanwhile, the officially approved epidemic of drugs threatens to wipe out the minds and strength of our best young warriors.

Economic, cultural, and spiritual depression stalk Black America, and the price for survival often appears to be more than we are able to pay. On every side, in every area of our lives, the American institutions in which we have placed our trust are unable to cope with the crises they have created by their single-minded dedication to profits for some and white supremacy above all.

Me in 1973 with friends.

I was in high school feeling like we might actually get through this all and get to the dream of a more perfect Union. It was definitely a year of ups and downs. Fifty years ago seems like another lifetime. You’d think we’d see more progress on all of this.

We do have a Black Woman Vice President but no ERA and we had our first Black Man elected President who served two terms.. The Department of Interior is led by an Indigenous woman who has planned reforms that might bring more civil rights to our native peoples.  Women’s sports are taken a lot more seriously but not one woman player earns what her male peers make.

Black Americans face a new wave of voter suppression and a Supreme Court ready to tear through laws meant to improve access to American Universities not unlike what the 1972 Civil Rights law sought to do on the basis of gender.  We just got rid of a second long, unwinnable war but will we have another?

We also have Elton John on tour and Droogs. The Droogs are the white male Maga Men and hide under names like Oathkeepers, Proud Boys, and Patriot Front.

Some things don’t change and in this country, we know why. They don’t share power. They don’t want to. They’ll do anything to keep as much of it as possible.  We have a White Male problem and it’s mostly got the face of an extreme patriarchal take of Christianity.

So that’s the perspective. This is the reality in 2022.  This is from MS Magazine whose first stand-alone magazine was published in 1972. Excerpts from Elizabeth Hira’s “Americans Are Entitled to Government That Truly Reflects Them. Let’s Start With the Supreme Court” are going to show you exactly how far the rest of us still have to go.  It’s in response to the audacity the Republican Party has to hold up Joe Biden’s promise to appoint the first black woman to the Supreme Court as some kind of affirmative action for a less-qualified person which is total Bull Shit.

This is the premise she completely proves. “Our current system has created conditions where, statistically, mostly white men win. That is its own kind of special privilege. Something must change.”

This is her conclusion. “American government in no way reflects America—perpetuating a system where male, white power makes decisions for the rest of us.”

These are her descriptive statistics.

Data shows these claims are not hyperbolic. A Supreme Court vacancy started this inquiry: There have been 115 Supreme Court justices. 108 have been white men. One is a woman of color, appointed in 2009. (Americans have had iPhones for longer than they’ve had a woman-of-color justice.)

One might be tempted to dismiss old history, except that the Supreme Court specifically cannot be looked at as a “snapshot in time” because the Court is built on precedent stretching back to the nation’s founding. Practically speaking, that means every decision prior to 1967 (when Justice Thurgood Marshall joined the Court) reflected what a group of exclusively white men decided for everyone else in America—often to the detriment of the unrepresented.

In a nation that is 51 percent female and 40 percent people of color, are white men simply more qualified to represent the rest of us than we are of representing ourselves? That sounds ridiculous because it is. And yet that is the implication when naysayers tell us that race and gender do not matter—that the “most qualified” people can “make the best choices” for all of us, and they all just happen to be white men.

What’s worse, those white men aren’t just making broad, general decisions—each and every branch of government acts in ways that directly impact people because of their race and gender, among other identities.

  • When the Supreme Court considers affirmative action, it will be considering whether race matters for students who are already experiencing an increase in school segregation—what Jonathan Kozol once dubbed “Educational Apartheid.”
  • When Congress is inevitably asked to pass a bill to protect abortion should the Court strike down Roe v. Wade, 73 percent of the Congress making that decision will be men—not people who could even potentially experience pregnancy.
  • When recent voting rights bills failed, it was because two white Democrats and 48 Republicans (45 white and three non-white) collectively decided not to protect all American voters of color against targeted attacks on their access to the ballot.
  • When Senator Kyrsten Sinema spoke to the Senate floor about why she could not take necessary steps to protect Americans of color, she did not have to look a single sitting Black woman senator in the eye. Because there are none.

The Supreme Court is not alone in underrepresenting women, people of color, and women of color. Of 50 states, 47 governors are white, 41 are men. Nearly 70 percent of state legislators are male.

The pattern holds federally, too: Today’s Congress is the most diverse ever—a laudable achievement. Except that today’s Congress is 77 percent white, and 73 percent male. (As an example of how clear it is that Congress was simply not designed for women, Congresswomen only got their own restroomin the U.S. House in 2011.)

In the executive branch, 97.8 percent of American presidents have been white men. There has never been a woman president.

BIA Spokesperson at Trail of Broken Treaties Protest: 1972
John Crow of the Bureau of Indian Affairs answers questions from Native Americans on November 2, 1972 at 1951 Constitution Avenue NW in Washington, D.C on the first day of the Trail of Broken Treaties demonstrations.

The numbers don’t lie.  I don’t even want to go into the number of American presidents that have been worse than mediocre including the previous guy.  This is the kind of systemic discrimination perpetuated in this country’s primary decision-makers. It is no wonder 50 years later we are even losing the table scraps they’re stealing now.

I’m going to leave you with this one last analysis before telling you to go read the entire essay.

The first female major-party presidential nominee was dogged by questions of her “electability,” and recent data shows large donors gave Black women congressional candidates barely one-third of what they gave their other female counterparts. Some people don’t support women and candidates of color because they worry these candidates simply can’t win in a white male system of power—which perpetuates a white male system of power. To create equitable opportunities to run, we must change campaign finance structures. It’s a necessary precursor to getting a government that looks like everyone.

I’m trying to send money to Val Demings in her effort to take down Mark Rubio.  Mark Rubio will never consider the interests of all of his constituency because he’s funded by white males with a vested interest in their monopolies on politics and the economy.

What’s on your reading and blogging list today?

https://www.youtube.com/watch?v=NN0gy6fSRkU&list=RDGMEMc6JZQrQ__ROET3gGdz-Trw&index=1

Now Tom said, “Mom, wherever there’s a cop beating a guy
Wherever a hungry newborn baby cries
Where there’s a fight against the blood and hatred in the air
Look for me, Mom, I’ll be there

Wherever somebody’s fighting for a place to stand
Or a decent job or a helping hand
Wherever somebody’s struggling to be free
Look in their eyes, Ma, and you’ll see me”
Yeah!

Like Tom Joad, I was born an Okie. I was born on the Cherokee strip one of those places on the Trail of Broken Treaties at the end of the Trail of Tears.  “The Grapes of Wrath” was on many a book banning and burning list back in the day. Look for it again on a list near you.


The Roberts Court: Judicial Activism on Steroids

James Fallows has written an extremely interesting piece on the Robert’s SCOTUS at The Atlantic that’s worth a read and a post. We’re just beginning to see how radical and political this court can be.  It’s so radical that some writers are beginning to describe its output as a form of coup d’etat.

I am not enough of a Supreme Court buff to have any confident idea of what the majority will rule on the Obama health care plan.

But confidence in the very idea that the Roberts majority will approach this as a “normal” legal matter, rather than as one more Bush-v.Gore front in the political wars, grows ever harder to maintain, especially after the latest labor-rights ruling. It is worth reading carefully this lead editorial in yesterday’s New York Times. In short, the same five conservative Justices who in their pre-appointment phase had inveighed against “judicial activism” and “legislating from the bench,” while promising to live the gospel of judicial “humility” if confirmed, went out of their way, in a ruling written by Samuel Alito, to decree new law contrary to what Congress had ordered and other courts had long approved.*

Normally I shy away from apocalyptic readings of the American predicament. We’re a big, messy country; we’ve been through a lot — perhaps even more than we thought, what with Abraham Lincoln and the vampires. We’ll probably muddle through this and be very worried about something else ten years from now. But when you look at the sequence from Bush v. Gore, through Citizens United, to what seems to be coming on the health-care front; and you combine it with ongoing efforts in Florida and elsewhere to prevent voting from presumably Democratic blocs; and add that to the simply unprecedented abuse of the filibuster in the years since the Democrats won control of the Senate and then took the White House, you have what we’d identify as a kind of long-term coup if we saw it happening anywhere else.

Jeffrey Rosen earlier wondered in an article written for The New Republic about exactly how radical the chief justice really is? The  Citizens United decision alone has the ability of stomping out democracy in America as we know it.

Then came Citizens United, by far the clearest test of Roberts’s vision. There were any number of ways he could have persuaded his colleagues to rule narrowly; but Roberts rejected these options. He deputized Anthony Kennedy to write one of his characteristically grandiose decisions, challenging the president and Congress at a moment of financial crisis when the influence of money in politics–Louis Brandeis called it “our financial oligarchy”–is the most pressing question of the day. The result was a ruling so inflammatory that the president (appropriately) criticized it during his State of the Union address.

What all this says about the future of the Roberts Court is not encouraging. For the past few years, I’ve been giving Roberts the benefit of the doubt, hoping that he meant it when he talked about the importance of putting the bipartisan legitimacy of the Court above his own ideological agenda. But, while Roberts talked persuasively about conciliation, it now appears that he is unwilling to cede an inch to liberals in the most polarizing cases. If Roberts continues this approach, the Supreme Court may find itself on a collision course with the Obama administration–precipitating the first full-throttle confrontation between an economically progressive president and a narrow majority of conservative judicial activists since the New Deal.

The first indications that Roberts might not be as conciliatory as he promised came during his second term, which ended in 2007. During his first term, which his colleagues treated as something of a honeymoon, the Court had decided just 13 percent of cases by a 5-4 margin. But, in the next term, that percentage soared to 33 percent. (It would fluctuate up and down a bit over the next two years.) What’s more, the 2007 term ended with unusually personal invective, as both liberal and conservative colleagues expressed frustration with Roberts. That year, during the Court’s second encounter with the McCain-Feingold campaign finance law (which it would gut in Citizens United), Antonin Scalia accused Roberts of “faux judicial restraint,” for chipping away at restrictions on corporate speech without overturning them cleanly. Meanwhile, the liberal justices seemed angry that Roberts was refusing to budge from rigid positions in divisive cases. “Of course, I got slightly exercised, and the way I show that is I write seventy-seven-page opinions,” Justice Stephen Breyer told me in the summer of 2007, referring to his angry dissent from Roberts’s 5-4 decision striking down affirmative action in public school assignments.

President Obama attacked the Citizen’s United ruling in SOTU causing Roberts to throw a very public and historically inaccurate hissy fit.

Speaking to students of the University of Alabama law school, Chief Justice John Roberts launched a blistering attack on President Obama’s State of the Union criticism of the Court’s Citizens United decision. Calling Obama’s prime-time critique “very troubling,” Roberts complained that the President’s annual address to Congress “degenerated to a political pep rally.” Of course, when Robert’s political godfather Ronald Reagan or his sponsor George W. Bush used the State of the Union to berate, badger and batter the Supreme Court, that was just fine with the Chief Justice.

“I’m not sure why we’re there,” Roberts told the audience in Tuscaloosa, adding:

“The image of having the members of one branch of government standing up, literally surrounding the Supreme Court, cheering and hollering while the court — according the requirements of protocol — has to sit there expressionless, I think is very troubling.”

But during the George W. Bush’s tenure, the Justices served as a prop for his State of the Union battles with the judiciary.

Bush’s Supreme politicking during his State of the Union speeches was a regular fixture of his presidency. For three straight years (2004, 2005 and 2006), President Bush denounced “activist judges” and insisted “for the good of families, children and society, I support a constitutional amendment to protect the institution of marriage.” On the very day Samuel Alito joined the Robert Court, Bush used his 2006 SOTU for a victory lap:

“The Supreme Court now has two superb new members — new members on its bench: Chief Justice John Roberts and Justice Sam Alito. I thank the Senate for confirming both of them. I will continue to nominate men and women who understand that judges must be servants of the law and not legislate from the bench.”

And throughout the presidency of Ronald Reagan, for whom John Roberts promoted the gutting of the Civil Rights Act, overturning Roe v. Wade and a dangerously ignorant policy in response to the AIDS crisis, bashing the Supreme Court was a routine occurrence.

Here’s a pretty good indication of just how much more out there the Roberts Court will get in the years to come if their majority gets any larger.

The U.S. Supreme Court should uphold a law requiring most Americans to have health insurance if the justices follow legal precedent, according to 19 of 21 constitutional law professors who ventured an opinion on the most-anticipated ruling in years.

Only eight of them predicted the court would do so.

“The precedent makes this a very easy case,” said Christina Whitman, a University of Michigan law professor. “But the oral argument indicated that the more conservative justices are striving to find a way to strike down the mandate.”

A ruling on the constitutionality of the Patient Protection and Affordable Care Act’s individual mandate is among the last pieces of business heading into the final week of the Supreme Court’s term. Bloomberg News last week e-mailed questionnaires to constitutional law experts at the top 12 U.S. law schools in U.S. News & World Report magazine’s 2012 college rankings.

This is just more indication of the real damage brought to our country by the Reagan and Bush regimes.  Just imagine what kind of abomination Romney could potentially appoint.  We’ve already got a number of justices who belong to the Opus Dei Cult.  All we need is a couple of weirdos that subscribe to the kinds of ideas espoused by Joseph Smith.


Exposing and Dismembering ALEC and its Kleptocracy Agenda

I have a personal interest in seeing ALEC dismembered.  My governor Bobby Jindal has adopted and enacted some of its worse cookie cutter laws.  There are three progressive interests that  are leading actions to defund and defang this supposedly “nonpartisan individual membership organization of state legislators which favors federalism and conservative public policy solutions”. They are the Urban League, Common Cause, and ColorofChange.   I would hope that many more groups will join in.

Many of ALEC’s corporate sponsors have quit funding the organization which seeks to remove oversight and regulation of all kinds of industry, privatize public services and goods, and deprive minority communities and women of basic voting rights and civil rights.  They seek tort reform that would limit corporate exposure to liability from unsafe products and practices.  They like to remove laws providing consumer protection and information.  They are not nonpartisan and are responsible for some of the most heinous, radical legislation of the last few years. Woe to those of you whose governors or legislators belong to this organization for you will live in a world with very little protection from big money and big business and your tax dollars will be used to line their coffers.

The American Legislative Exchange Council describes itself as a nonpartisan champion of free markets. But if you spend some time at an ALEC conference (Bloomberg Businessweek did, for an article last year) you will be hard-pressed to find many Democrats. And when the entire conference meets for lunch, you will hear from the podium nothing that would seem out of place in a press release from Eric Cantor’s office. Last year in New Orleans, for example, Bobby Jindal, governor of Louisana, told an ALEC annual meeting, “Defeating the president is crucial to defending our economy,” and “Obama has been a disaster.” I didn’t hear anyone boo. What I did hear was the sound of fevered applause when the conference played a videotaped greeting from Ronald Reagan.

I’m not saying it’s wrong to feverishly applaud Ronald Reagan. I am saying that only in the most thinly defensible, legalistic sense can ALEC call itself “nonpartisan.” And the council doesn’t really support free markets, either. It supports the companies that fund it. This is an important distinction, because the corporations that donate to ALEC aren’t doing so to protect markets. They’re protecting favored tax treatments and pushing regulations that lock in their market positions. As best as we were able to determine in reporting our piece last year, corporations propose bills at the state level and then push them up to ALEC, which has both corporate and legislative members. ALEC pushes the legislative members to the foreground, stamps the bills as “model legislation,” and then the corporations push them back out to other state legislatures. This may not be the case with all ALEC legislation, but it certainly was with the bill we followed.

So ALEC is not what it says it is. That’s not extraordinary: Few advocacy groups are what they say they are. In ALEC’s case, however, the fingers-crossed-behind-its-back description of itself is definitional. If the American Legislative Exchange Council operated with complete openness, it couldn’t operate at all. ALEC has attracted a wide and wealthy range of supporters precisely because it does its real work in a black box. Membership lists are secret. The origins of the model bills are secret. Deliberations and votes on model bills are secret. The model bills themselves are secret. The council has designed its entire structure to disguise industry-backed legislation as grassroots work from state legislators. If this becomes clear to everyone, there’s no reason for corporations to use it. And that is exactly what has been happening.

Minority advocacy groups have been most active in the fight against ALEC.  ALEC is responsible for the legislation that requires specific picture ids to vote and they are responsible for the Stand Your Ground Laws. Both of these issues have been front and center in Civil Rights Groups.  The Trayvon Martin case is important in two key ways. First, it is bringing to light the institutional racism implicit in the criminal system.  Second, it has exposed the role of ALEC in sneaking through legislature in states that most voters do not support or like.  The vigilante-empowering Stand Your Ground laws are now seeing daylight.

The tension in corporate boardrooms over the case is the latest example of the pitfalls companies can sometimes face when they donate to political and lobbying groups, even those that seem safely below the radar of public consciousness.

The ALEC controversy is now sparking a broader debate about corporate participation in politics and the polarized state of political discourse. At a minimum, it has strengthened calls for companies to develop clear policies explaining their spending.

“I would caution companies to be very aware of where their money is going,” says Nell Minow, director of GMI Ratings, which provides corporate governance information to investors, corporate auditors and regulatory agencies. “Companies are going to realize they can take a real reputational hit with this kind of affiliation.”

She and others recall the tempest that erupted in 2010 around Target after the company donated to a nonprofit group supporting a Minnesota gubernatorial candidate who was known for opposing gay rights initiatives.

Like Louisiana, many Arizona politicians are in cahoots with ALEC. ALEC likes to use laws to funnel public money into corporate income statements. This isn’t free market promotion, this is more like being given the ability to loot public resources.

Legislators in Arizona continue to advance extremist legislation inspired by the American Legislative Exchange Council (ALEC) and its out-of-state corporate backers, according to a new analysis by People For the American Way Foundation, Common Cause, the Center for Media and Democracy and Progress Now. This report shines a new light on the Arizona Legislature’s unprecedented ties to the secretive organization, which recently drew nationwide fire for its role in implementing radical policies across the country like “Shoot First” laws and voter suppression laws, and anti-worker measures. ALEC’s extreme agenda has recently led companies such as Pepsi, Coca-Cola, McDonalds, Wendy’s, KRAFT and Intuit to withdraw from the organization. The Bill and Melinda Gates Foundation on Monday also withdrew its support from ALEC.

The comprehensive report found that Arizona’s large concentration of ALEC-member legislators, working hand-in-hand with the corporate leaders who make up ALEC’s membership, are continuing to endorse special interest legislation that harms ordinary people by limiting consumers’ rights, privatizing education and dismantling unions.

The report, ALEC in Arizona: The Voice of Corporate Special Interests in the Halls of Arizona’s Legislature, updated for the Fiftieth Legislature, second regular session is available here.

“Recent polling shows that Arizonans are appalled by the out-of-touch and extremist agenda at their State Legislature. This report shows that agenda is no accident,” said John Loredo, a member of Arizona Working Families and a former Arizona House Minority Leader. “Unfortunately, Arizona has one of the highest concentrations of ALEC legislators in the country, and that makes us a petri dish for anti-worker legislation and a host of other bad ideas.”

“ALEC-member legislators are unabashedly continuing to push legislation straight from corporate headquarters to Arizona’s lawbooks,” said Marge Baker, Executive Vice President at People For the American Way Foundation. “Well-heeled special interests are circumventing the democratic system and bypassing Arizona’s citizens, who can’t match the level of access that ALEC provides. As a result, Arizonans are facing an endless assault from laws that serve the interests of the rich and powerful instead of everyday people.”

You can find ALEC’s model bills and reports on its activities in many states at the site ALEC Exposed.  ALEC is responsible for the horrible school voucher and privatization plan that Bobby Jindal has ramrodded through our state.  It is also responsible for some of the worst climate change denial propaganda. The source of this funding is big oil, big coal, and the Koch Brothers.

$375,858 received from Koch foundations 2005-2010 [Total Koch foundation grants 1997-2010: $708,858]

American Legislative Exchange Council (ALEC) is one-stop shopping for state elected officials interested in perusing the wares of an array of Koch-funded opposition organizations including IER, ACCF, Mercatus and other sources. ALEC has successfully peddled corporate-written legislation to numerous states attacking the Kyoto Protocol, undermining climate science education in schools and numerous other anti-environmental legislation. ALEC has close ties to Koch Industries, which helped bail the organization out of financial troubles with a half-million dollar grant.

ALEC publishes its own materials as well, including a “Climate Change Overview for State Legislators” which downplays the science and risks of global warming and exaggerates the costs of addressing it. The Overview was written by Daniel Simmons, who moved from ALEC to become AEA’s Director of State Affairs. Simmons was at the Mercatus Institute before ALEC and is a graduate of the George Mason University School of Law.

Here’s some of the background information on the laws that ALEC creates with the intended purpose of “starving Public Schools“.

ALEC’s most ambitious and strategic push toward privatizing education came in 2007, through a publication called School Choice and State Constitutions, which proposed a list of programs tailored to each state. That year Georgia passed a version of ALEC’s Special Needs Scholarship Program Act. Most disability organizations strongly oppose special education vouchers—and decades of evidence suggest that such students are better off receiving additional support in public schools. Nonetheless, Louisiana, Oklahoma, Florida, Utah and Indiana have passed versions of their own. Louisiana also passed a version of ALEC’s Parental Choice Scholarship Program Act (renaming it Student Scholarships for Educational Excellence), along with ALEC’s Family Education Tax Credit Program (renamed Tax Deductions for Tuition), which has also been passed by Arizona and Indiana. ALEC’s so-called Great Schools Tax Credit Program Act has been passed by Arizona, Indiana and Oklahoma.

ALEC’s 2010 Report Card on American Education called on members and allies to “Transform the system, don’t tweak it,” likening the group’s current legislative strategy to a game of whack-a-mole: introduce so many pieces of model legislation that there is “no way the person with the mallet [teachers’ unions] can get them all.” ALEC’s agenda includes:

§ Introducing market factors into teaching, through bills like the National Teacher Certification Fairness Act.

§ Privatizing education through vouchers, charters and tax incentives, especially through the Parental Choice Scholarship Program Act and Special Needs Scholarship Program Act, whose many spinoffs encourage the creation of private schools for specific populations: children with autism, children in military families, etc.

§ Increasing student testing and reporting, through more “accountability,” as seen in the Education Accountability Act, Longitudinal Student Growth Act, One-to-One Reading Improvement Act and the Resolution Supporting the Principles of No Child Left Behind.

§ Chipping away at local school districts and school boards, through its 2009 Innovation Schools and School Districts Act and more. Proposals like the Public School Financial Transparency Act and School Board Freedom to Contract Act would allow school districts to outsource auxiliary services.

ALEC is also invested in influencing the educational curriculum. Its 2010 Founding Principles Act would require high school students to take “a semester-long course on the philosophical understandings and the founders’ principles.”

Perhaps the Brookings Institute states the mission most clearly: “Taken seriously, choice is not a system-preserving reform. It is a revolutionary reform that introduces a new system of public education.”

The passage of radical public school defunding in Louisiana is leading to a recall Jindal effort. We’ve already had some of this type of reform in New Orleans and it’s clearly not working well at all unless you count teacher union busting and lowering teacher salaries progress.  Here are some of the things we will now be suffering in Louisiana.   I personally am opposed to the state funding religious indoctrination hiding under the guise of education. These laws funnel public money into any thing that deems itself a school, it seems.

A vast expansion of charter schools, an overhaul of teacher tenure and establishment of a statewide program to pay private school tuition with public dollars moved within one step of final passage Thursday, as the Louisiana Senate Education Committee endorsed the headliner components of Gov. Bobby Jindal’s education agenda without changes or dissent.

I know this thread wanders around through many topics but the number of right wing bills pressured cooked into law by ALEC and their toadies is just as wandering and perverse.  Check out the site and be aware of which politicians supposedly representing the people of your state that are ALEC cronies.  The movement to get corporations to defund the organization should be paramount.  Ordinary Americans have already lost a lot to their agenda.  It’s time to stop them.  Put pressure on organizations to join in the effort.  Let’s defang this beast  together.