Friday, November 23, 2018

The Eclipse of American Democracy, Part Twelve: Wisconsin and Organized Labor (Good Riddance Scott Walker!)

There was no victory sweeter in this month's midterm election than the defeat of Wisconsin's Republican Governor Scott Walker by Democrat Tony Evers. If you're unfamiliar with why Walker was possibly the Republican leader most reviled by Democrats after Donald Trump, here's a summary from Scott Bauer of the Minneapolis Star Tribune:

"Walker blew into office as part of a red wave in the 2010 election, with Republicans capturing control of the state Legislature at the same time. Together they enacted a host of conservative reforms, chiefly taking away nearly all collective bargaining power from teachers and other public workers as part of a fight in 2011 that put Wisconsin at the forefront of a new war over union rights.

That battle that drew protests as large as 100,000 people spurred the 2012 recall, which Walker won. It raised his national profile and laid the groundwork for his presidential bid. Along the way, Walker signed laws making Wisconsin a right-to-work state, enacting a 20-week abortion ban, passing a concealed-carry law and scaling back a host of environmental regulations that businesses opposed."

While Scott Walker's revolution signed into law many things that Republicans wanted, those changes have not brought the prosperity that conservatives promised (surprise, surprise). I recommend this article from David Cooper of the Economic Policy Institute for a comparison between Scott Walker's failed policies in Wisconsin contrasted with the more liberal path chosen by Minnesota. Cooper notes:

"Since the 2010 election of Governor Scott Walker in Wisconsin and Governor Mark Dayton in Minnesota, lawmakers in these two neighboring states have enacted vastly different policy agendas. Governor Walker and the Wisconsin state legislature have pursued a highly conservative agenda centered on cutting taxes, shrinking government, and weakening unions. In contrast, Minnesota under Governor Dayton has enacted a slate of progressive priorities: raising the minimum wage, strengthening safety net programs and labor standards, and boosting public investments in infrastructure and education, financed through higher taxes (largely on the wealthy)."

Cooper goes onto note that between 2010 and 2018 job growth and overall economic growth has been markedly stronger in Minnesota than in Wisconsin. Minnesota also saw faster wage growth, greater shrinkage in gender wage gaps, greater increase in median household income and greater reduction in poverty. Minnesotans are also more likely to have health insurance.

There's a lot more to be said about the mess that Scott Walker made in Wisconsin, but I want to focus on the way his agenda has increased corporate and conservative power at the expense of working people and the democratic process. Here's what I said about Walker five years ago in a post called, Cheat to Win: The Republican Strategy to Stay in Power:

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Old joke: A corporate executive, a union representative and a worker are sitting at a table with a chocolate cake on it. The executive cuts the cake into 8 slices and takes 7 for himself. He then turns to the worker and says, "Watch out for that union guy, he'll try to steal your share of the cake."


In January of 2010, the US Supreme Court ruled 5-4 in the case of Citizens United v Federal Election Commission that the government may not ban political spending by corporations in candidate elections. This of course has been a giant gift to Republicans, who as a result of the ruling have seen a veritable tidal wave of money pour into their coffers from corporations and billionaires. In 2010, the first election after the Citizens United Decision, the top four fundraising groups, all of whom were created to give money to Republicans, contributed $97.7 million. In distant fifth place was the Service Employees International Union, which raised $15.7 million for Democrats. Similar to the old joke above, Republicans look at this situation and think, "We've got to stop these union contributions to elections."

Here's an example. In 2011, new Republican Governor of Wisconsin Scott Walker went to a great deal of trouble to destroy the union representing state employees. Walker claimed that busting the union would save the state money, but was ultimately forced to admit that it did not. So what's the scheme? Republican State Senate Majority Leader Scott Fitzgerald did everyone the courtesy of explaining the real goals of the plan in plain language, "If we win this battle, and the money is not there under the auspices of the unions, certainly what you’re going to find is President Obama is going to have a much difficult, much more difficult time getting elected and winning the state of Wisconsin."
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Like so many right-to-work states, Wisconsin has increased corporate power at the expense of everyone else. This strategy is ultimately self-defeating; a consumer economy can't function when working people don't have money to spend. But the damage Scott Walker has done is far deeper than that. Walker has taken a page from George Orwell's 1984: It isn't enough to be louder than the opposition; the point is to eliminate the voices of resistance entirely. Today's Republican party has achieved new heights in endlessly lying about, well, everything. According to the Washington Post, President Trump lies an average of 7.6 times per day, on every subject from the economy to immigration to the Mueller investigation.

We may know in our minds that Trump is lying, but the more Republicans dominate the media and eliminate organized labor and other voices on the left, the more it becomes impossible to refute Trump's lies. Or as the character Winston Smith observed in the novel 1984,

"The Party said that Oceania had never been in alliance with Eurasia. He, Winston Smith, knew that Oceania had been in alliance with Eurasia as short a time as four years ago. But where did that knowledge exist? Only in his own consciousness, which in any case must soon be annihilated. And if all others accepted the lie which the Party imposed—if all records told the same tale—then the lie passed into history and became truth. ‘Who controls the past,’ ran the Party slogan, ‘controls the future: who controls the present controls the past.’ And yet the past, though of its nature alterable, never had been altered. Whatever was true now was true from everlasting to everlasting. It was quite simple. All that was needed was an unending series of victories over your own memory. ‘Reality control’, they called it: in Newspeak, ‘doublethink’."

Wisconsin is also, again thanks to Scott Walker, on the cutting edge of voter suppression. In my next post I'll be covering some of the latest developments in the Republican scheme to keeping voters from exercising their franchise.

Sunday, November 04, 2018

2018 Election Predictions

US Senate:
Current Senate: 51 R and 49 D 
Prediction: 50 and 50 R
Democrats to pick up AZ and NV. Republicans to pickup ND.
Notes: Democrats need a medium-size miracle to win one more Senate seat and the majority. It's possible that North Dakota, Tennessee or Texas will go blue but I'm not counting on it.

US House:

Current House: 240 R and 195 D
Prediction: 233 and 202 R

Governor's Races:
Democrats to pickup: Florida, Illinois, Iowa, Maine, Michigan, Nevada, New Mexico, Ohio and Wisconsin.
Republicans: No pickups from Democrats, but Alaska will flip from independent Republican to regular Republican.
* Georgia, currently Republican, will go to a runoff.
Notes: Democrats may also pickup Kansas but the odds are slightly against it. Good discussion of the gubernatorial races here.


State legislatures:

Democrats to pickup a bunch of state houses. Good discussion here.

Ballot Initiatives: Good discussion here.

Thanks for reading!







Sunday, September 30, 2018

The Eclipse of American Democracy, Part Eleven: Open Partisanship in the Judicial System

President Trump and his Republican enablers are not shy about their goal of dismantling public institutions as we have long understood them. Consider Trump's communication style. Many folks would consider it inappropriate for the President to begin each day by firing off personal insults against people who disagree with him, including people he appointed to government positions. But according to Trump he's just being, "modern day Presidential." And many folks probably thought that in the 21st century, we would have Presidents that respect the tradition of America as the great melting pot, whereas instead we have an administration that will cheerfully remind you that it is openly white-supremacist and religiously bigoted.

Another way in which we live in a world turned upside down: This week, a man appeared at a job interview and told a number of falsehoods while at times yelling, crying, talking about his love of alcohol, suggesting he is targeted by conspiracy and threatening those who have doubted him. That man was Brett Kavanaugh, appearing before the US Senate he hopes will appoint him to the Supreme Court, and responding to allegations of sexual misconduct. From Benjamin Wallace-Wells of the New Yorker"The line between judicial independence and partisan politics is thin, often illusory—a pretense, really, but rigorously preserved. This afternoon, that line disappeared entirely. Kavanaugh,  "claimed the Democrats were seeking "revenge for the Clintons" and invoked the Bible: "You sowed the wind, now I fear that the whole country will reap the whirlwind."" Republican Senator Lindsey Graham of South Carolina went further, issuing the threat"Let me tell you, my Democratic friends. If this is the new norm, you better watch out for your nominees."

To digress for a moment, we need to ask: what is this dangerous precedent that Democrats are setting by suggesting that credible allegations of sexual misconduct be investigated before a man is appointed to an incredibly important lifetime position? From Anna North of Vox.com:

"The message of Kavanaugh’s threats was clear: If he wasn’t safe, then no one was. That message comes from a place of deep privilege. While women have never been safe when coming forward to report sexual misconduct, men like Kavanaugh — white, educated in the country’s most prestigious schools, groomed through high-profile jobs — have long been able to glide smoothly to the highest levels of our government and other arenas of power. That may still be true; the Senate Judiciary Committee is set to vote on Kavanaugh’s confirmation on Friday. But increasingly, these men are not safe from the testimony of women who come forward to share their stories."

Returning to the subject at hand: So then, gone are the days when candidates for federal and state Courts were not openly partisan. And gone are the days when the President might appoint a judge to the Supreme Court without being completely sure of his partisan leanings. Trump's candidates for the federal Courts are vetted and handpicked by the ultra-right-wing Federalist Society. These developments, as evidence by the Kavanaugh nomination, trouble legal scholars. From Matt Kwnong of CBC News:


"Sheldon Goldman was floored by what he heard. The Supreme Court expert with the University of Massachusetts Amherst saw Kavanaugh's aggressive style as a direct appeal to the party of Trump. "The support of the president, that's the name of the game," Goldman said. "It's short-term consideration to keep the support of the Republicans or the president, at the expense of public perception of him and of the court." Except that public perception is vital for the sanctity of a neutral Supreme Court, he said. "It matters to the extent that people will want to accept the court's ruling as legitimate," Goldman said. "And if the court is considered simply another political body, people are going to ask: Why should we insulate these lifetime appointments from politics when they're so heavily involved in politics?"

But once judges are appointed to lifetime positions, at least they can, and hopefully will, adjudicate the law in a non-partisan manner, right? Not if Republicans have their way. Republicans don't care about that old school textbook stuff, the separation of powers in government. Recently, they've discovered that, with legislative majorities locked in by gerrymandering, they can dismantle and remake the Courts at will, and turn them into a system of rubber-stamps for whatever Republicans want. Why didn't anyone think of this before?

In August, the Repubican-dominated state legislature in West Virginia  came up with a most novel approach to removing the current judges on a state Supreme Court so that the Republican Governor can appoint new judges: impeach the entire Court. From Doug Criss of CNN:

"The West Virginia House of Delegates' impeachment of the justices on the state's Supreme Court of Appeals is an unprecedented move spurred by an escalating scandal in the state's judicial system. But West Virginia Democrats charge it's just a ploy by Republicans to put more conservative judges on the bench in the state's highest court.

 
The court's justices -- Chief Justice Margaret Workman and Justices Allen Loughry, Robin Davis and Elizabeth Walker -- are accused of failing to carry out the court's administrative duties and wasteful spending during office renovations."

But let's not be too cynical - perhaps the charges in question are legitimate? Well, the impeachment trial is going on this week, and currently the Justices on trial are being quizzed on "wasteful spending" such are ordering pizza rather than eating in the Capitol cafeteria. High crimes and misdemeanors? So far I'm not seeing them here.

Pennsylvania Republicans have also threatened to impeach their state Supreme Court. Ironically, the threatened impeachment is over another brazen Republican power grab, that's state heavily-gerrymandered map designed to maximize the number of Republicans elected to the US House. The state Supreme Court threw out that map and gave lawmakers a chance to draw fairer lines, but the legislature failed to do so. The call for impeachment never gained traction, so this past June, (from the Associated Press"Republicans brought forward another plan that could limit the lifespan of the court's Democratic majority: changing the state's constitution to elect appellate court judges in districts, rather than in statewide elections." "The bill passed the Republican-controlled Senate on Wednesday (June 17), blindsiding Democrats who called it a scheme to gerrymander the courts."

Finally, if you've read earlier articles in this series, you won't be surprised to learn that North Carolina Republicans are trying to remake the Courts in that state. It seems no public institution is safe in the state where the Republican legislature (heavily protected by gerrymandering itself) tries to tweak the law on practically a daily basis to thwart democracy and maximize its advantage.

From an August 28 article by Mark Joseph Stern on Slate.com:

"The tumult over North Carolina’s upcoming state Supreme Court election began in 2017, when the GOP-controlled state legislature abolished judicial primaries. Republican Justice Barbara Jackson is running for reelection in November, and GOP legislators hoped to shield her from competition. At the same time, they assumed multiple Democrats would run against each other in the general election, splitting the progressive vote and giving Jackson a smooth path to victory.

"That didn’t happen. Instead, Democrats coalesced around a single candidate, civil rights lawyer Anita Earls. Jackson, on the other hand, drew a Republican challenger: Chris Anglin."

"So Republicans changed the rules. During a hastily called special session, GOP legislators passed a law to strip Anglin of his party affiliation on the ballot. Anglin sued, and a state court blocked the law as a violation of his due process and associational rights under the North Carolina constitution. Speaker of the House of Representatives Tim Moore and President Pro Tempore of the Senate Phil Berger appealed, but an appellate court unanimously declined to reverse the ruling. Rather than appeal to the state Supreme Court—where Democrats currently hold a 4–3 majority—Moore and Berger gave up."
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Next time I'll be writing about the disaster that is Republican Scott Walker's administration in Wisconsin. Hopefully, I'll be writing about his defeat by Democrat Tony Evers. Keep your fingers crossed.