Monday, September 27, 2021

Burdens and Duties

For any who remain insistent on an audit in order to satisfy the many people who believe that the election was stolen, I'd offer this perspective: No congressional audit is ever going to convince these voters -- particularly when the President will continue to say that the election was stolen. The best way we can show respect for the voters who are upset is by telling them the truth. That's the burden, that's the duty of leadership. The truth is that President-elect Biden won the election. President Trump lost.

- Senator Mitt Romney (1-6-2021)

This week's featured post is "The Big Lie Refuses to Die".

This week everybody was talking about the $3.5 trillion question

https://www.ajc.com/opinion/mike-luckovich-blog/924-mike-luckovich-tricky/UGKGYTXTUBFENOQKQMQ4HW6ZTI/

I've been resisting writing about the Democrats' intra-party negotiations over the $3.5 trillion reconciliation package that is supposed to supplement the $1 trillion bipartisan infrastructure bill that passed the Senate in August.

While the issue is definitely important enough to deserve attention, the root of my resistance is that nobody really knows anything, and yet there is massive amounts of speculation about what might be happening. Maybe Joe Manchin is torpedoing the whole Biden agenda. Or maybe progressives are. Or maybe one side or the other is about to cave in. Maybe Biden is a legislative wizard who has it all under control, or maybe he's an addled senior citizen in over his head.

It's all speculation.

Here's what little we know: The bipartisan bill passed the Senate in regular order, with enough Republican votes to overcome a filibuster. In terms of policy, the Democrats in the House agree that it ought to pass. But it leaves out a large number of progressive (and Biden) priorities. (The one that is most important to me is climate change.) So progressives in the House threaten not to pass the bipartisan bill if the Senate won't pass the larger bill. No Senate Republicans support the larger bill, so it will have to pass through reconciliation (if at all), and all 50 Democrats are needed.

Democratic Senators Manchin and Sinema have objected to the size of that bill, but so far have not made a counteroffer. Democratic moderates in the House had previously gotten Speaker Pelosi to commit to a vote on the bipartisan bill today, but that vote has been postponed to Thursday.

Midnight Thursday is the end of the federal government's fiscal year, the annual witching hour when any shit not yet dealt with reaches the fan. So the government could shut down Friday, and the country might hit its debt limit shortly thereafter. In other words: a completely self-inflicted disaster of global significance.

For what it's worth, I don't believe any of that will happen. I think Democrats will get something together, and two sizeable infrastructure bills will pass, with most of what all sides want included. The government will not shut down, and the debt limit will be pushed back to set up some future apocalypse. (We can't just get rid of it, because ...)

I believe this because I don't think any Democrat in Congress benefits from sabotaging the whole Biden agenda and setting the party up for a massive 2022 defeat. I also don't believe any of the Democrats -- Manchin and Sinema included -- are the kinds of loose cannons Republican leaders sometimes have to deal with. I'm also not afraid of Republicans getting some advantage out of the debt-limit battle. In the 2022 campaign, I don't believe anybody will remember or care that this time around it was the Democrats who pushed back the limit without Republican help. (I also don't believe voters will punish Republicans for their irresponsibility, although they should.)

As I said previously, though, I don't know. Maybe I'm too optimistic. But I'm heartened by the account in Peril of the passage of Biden's $1.9 trillion American Rescue Plan in March. Manchin also had problems with that, and negotiations went down to the wire. But he ultimately voted for it. The picture Woodward and Costa paint is that Manchin has to maintain his moderate image in West Virginia and separate himself from liberals like Bernie Sanders and AOC, but that he also doesn't want to be the guy who causes Biden's presidency to fail.

I'm not counting on Biden to be an LBJ-style wheeler-dealer, but I think he will keep all the Democrats calm enough to recognize that failure benefits none of them.


Josh Marshall points out a piece of journalistic malpractice: Progressives and moderates are often presented as rival-but-equivalent factions fighting for their rival-but-equivalent proposals, when actually Democrats are pretty much united except for Manchin, Sinema, and a handful of folks in the House.

What Manchin et al are having trouble swallowing isn't Bernie Sanders' bill. (Sanders, if you remember, wanted a $6 trillion package.) It's President Biden's bill.

and the Arizona election audit

That's the subject of the featured post. Short version of the report written by Trumpist Cyber Ninjas: The ballots were counted accurately. But Biden won, so there must be something wrong with the ballots themselves.

and Haitian immigrants

The images of men on horseback chasing down dark-skinned people, and of 14,000 immigrants camped under the Del Rio Bridge in Texas have sparked intense reactions from both the pro- and anti-immigration factions.

The current wave was started by a major earthquake in August, but Haitians have been trying to enter the US for one reason or another for a long time. And one US administration after another has been trying to keep them out. Vox has a worthwhile article about the unique aspects of our Haitian immigration policies.

and Peril

The book Peril (that last week's post "Seven Days in January" was indirectly based on) came out Tuesday, and I rushed to read it. I didn't find any major surprises: The incidents discussed in the pre-publication articles are pretty much the way they've been described.

Woodward and Costa leave readers to guess who the source is for each scene. In general, if the book tells us what somebody was thinking at the time, you have to assume that person is the source for the whole incident (though possibly various other people were also consulted). If the book follows one character through a series of scenes, I assume that person is the source. (In the case of somebody like Mike Pence, I suppose it's possible that a right-hand-man is the source. But even then, I doubt that person would talk in such detail without the approval of his former boss.) If one person seems reasonable and everyone else in the room is crazy, probably we're hearing the account of the reasonable person. (I know I describe a lot of my experiences that way.)

General Milley is pretty obviously the source for the incidents that involve him. Senators Mike Lee and Lindsey Graham are clearly sources. Pence's national security advisor Keith Kellogg was a source, and probably Pence himself. (Kellogg apparently roamed the White House pretty freely.) A bunch of people in the Biden campaign. And so on.

The closer you get to Trump himself, the fuzzier the sourcing gets, as if sources asked for more protection. Ivanka and Jared? Mark Meadows? Hard to say. Unless you believe that Woodward and Costa made stuff up out of nothing (and I don't), it's clear somebody talked.

A phone conversation that Milley had with Speaker Pelosi after January 6 occurs early in the book and got a lot of press. When you read it in the full context of the book, the striking thing isn't that Milley and Pelosi both think Trump is crazy. The striking thing is how they talk about his instability. You could imagine people around Trump coming to the shocking insight that the President is dangerously unmoored. But this conversation is nothing like that. It's more like: We always knew he was crazy, but we had hoped he was manageable.

As the book goes on, it's appalling how many people had such conversations. I'm left with the impression that no one with a chance to view Trump close up was actually surprised that he would start raving about imaginary election-stealing conspiracies, or that he would try to bring down American democracy rather than give up power. They had hoped it wouldn't come to that, but they weren't actually surprised.

Lots of Republicans appear to have known, earlier or later in the process, that the election-fraud claims were bogus. Their silence is stunning. Even the ones who spoke up at one time or another have mostly shut up about it.

The lack of concern for the country is horrifying. Mitch McConnell had two chances to get rid of Trump through impeachment, and protected him both times. To this day, Republicans who know what he really is are going along with him.

and the pandemic

Once again, new-case numbers seem to be topping out, but the turn-around is slow. The seven-day average is 120K per day, down from a recent peak of 175K on September 13. Hospitalizations have also turned around nationally, though they're still surging in some areas. Deaths are holding steady at just over 2000 per day.

Hospitals in Idaho and Alaska have instituted "crisis standards of care", which is a fancy way of saying that they're so swamped they can't get to everybody.

Alaska this past week joined Idaho in adopting statewide crisis standards of care that provide guidance to health care providers making difficult decisions on how to allocate limited resources. Several hospitals in Montana have either activated crisis standards of care or are considering it as the state is pummeled by COVID-19.

Under the guidelines, providers can prioritize treating patients based on their chances of recovery, impacting anyone seeking emergency care, not just those with COVID-19. ...

Typically, crisis standards of care involve a scoring system to determine the patient’s survivability, sometimes including their estimated “life years” and how well their organs are working.

Back in 2009, Republicans fighting ObamaCare warned about "death panels" that might decide old people weren't worth saving. That didn't happen then, but vaccine resistance is causing it to happen now.


Vaccine mandates are being tested this week, as deadlines are looming in New York and some other states. Thousands of health-care and nursing-home workers are pushing to the limit: New York says they have until midnight tonight to get vaccinated, or they'll lose their jobs. If they hold out and are let go, care might suffer in some places. But if they remain unvaccinated and keep their jobs, care suffers in a different way.

you also might be interested in ...

Germany's 16-year Angela Merkel era ended yesterday with a federal election in which she was not a candidate. The Social Democrats appear to have won the most seats in the Bundestag, surpassing Merkel's Christian Democrats. No party has a majority, though, so a coalition will have to be negotiated.

Among the minor parties, the Greens gained seats and the right-wing nationalist Alliance for Germany lost some.


More dramatic stories about infrastructure and debt-ceiling negotiations have drawn attention away from the collapse of negotiations over police reform. The House has already passed the George Floyd Justice in Policing Act, but police reform is yet another casualty of the filibuster in the Senate.


Right-wing Congresswoman Lauren Boebert used campaign funds to pay rent and utilities, a violation of the law. Will something be done? It's not clear yet.


A former Washington Post arts editor returned to her roots in rural Illinois, and moved into what she remembers as her grandmother's house in Kinderhook. It's been challenging to live in Trump country, where only 23% are vaccinated.

My family might go back four generations here, but we are outsiders. We are the “them.”

and let's close with something musical

A recent trend on YouTube is for choirs around the world to set local complaints to music. Here is the Helsinki Complaints Choir.

Monday, September 20, 2021

Faith and Credit

At a time when American families, communities, and businesses are still suffering from the effects of the ongoing global pandemic, it would be particularly irresponsible to put the full faith and credit of the United States at risk.

- Treasury Secretary Janet Yellen,
urging Congress to raise the debt ceiling before October

This week's featured post is "Seven Days in January".

This week everybody was talking about General Milley

He's the subject of the featured post.

and the California recall election

https://www.seattletimes.com/opinion/california-dreaming/

It was not close. With 84% of the expected vote counted (a lot is still in the mail, I imagine), only 37% voted to recall Governor Gavin Newsom, and 63% voted not to recall him. That's similar to the margin Joe Biden had over Donald Trump in California in 2020 (63%-34%), and Newsom's original margin in 2018 (62%-38%).

The original theory of the recall was that anti-Newsom Republicans would be motivated to vote, while Newsom-supporting Democrats would be apathetic. Republicans also hoped for a popular rejection of Newsom's aggressive approach to fighting Covid (vaccine mandates for state employees and health-care workers). Neither of these ideas panned out. In particular, exit polls showed 47% saying Newsom's coronavirus policies were "about right", with another 18% saying "not strict enough".

Bizarrely, both Trump and leading GOP replacement candidate Larry Elder claimed that the results were fraudulent before there were any results. The day before the election, Elder's web site said

statistical analyses used to detect fraud in elections held in 3rd-world nations (such as Russia, Venezuela, and Iran) have detected fraud in California resulting in Governor Gavin Newsom being reinstated as governor.

as if the recall's failure -- and its vote-patterns -- had already been known before any votes were counted. Former state GOP chair Ron Nehring called the statement "grossly irresponsible" and speculated that Elder's claim may have discouraged Republicans from voting. (Why vote if the election has already been decided by fraud?)


The election threw a spotlight on California's strange recall process, which can allow a replacement candidate to squeak into office with a tiny slice of the vote. For example, if we count all the No votes on recall as votes for Newsom, then Newsom has 6.8 million votes counted, while top replacement vote-getter Elder has only 2.8 million. It is not hard to construct a scenario in which a sitting governor has the support of 49% of the electorate, but gets replaced by someone with 25% support or less.

BTW, Elder's total is being reported as 47%, but that's only 47% of the people who voted for a replacement candidate. His 2.8 million votes is only 26% of the 10.6 million ballots cast.

The recall is an extreme example of the GOP's nationwide election strategy: Rather than look for a 2022 candidate moderate enough to compete for a majority of votes in a California governor's race, Republicans opted to manipulate a process that could allow an extreme conservative to gain power without a majority.


CNN correspondent Josh Campbell:

It was interesting how many California voters I spoke with at the polls said the Texas abortion ban motivated them to come out and vote against the recall of their governor.

Democrats are also counting on the abortion issue to work in their favor in Virginia, which has a gubernatorial election in November.

and the pandemic

Nationwide, the surge seems to be turning around, but the more specific story is that it's shifting. The current wave started in the Ozark region of Missouri/Arkansas, moved south to the Gulf coast, and now has shifted northeast into the Appalachian region. The most dangerous part of the country right now is Kentucky/Tennessee/West Virginia, where new cases per 100K people are in the vicinity of 100, compared to 45 nationwide.

As a Northeasterner, I worry that the surge is still coming my way: The next likely destination for the wave is central Pennsylvania, where vaccination rates are still below 30% in some counties.

New-infection numbers are also high in rural counties in the mountain West and in Alaska, though their populations are too small to have much influence on the national totals.

Death totals, which tend to lag behind infections, continue to rise nationwide. That average is now over 2000 deaths per day. The peak death totals were around 3300 per day in mid-January, when hardly anyone was vaccinated yet. When you consider how many people are vaccinated now (54% of the total population, including 83% of the most vulnerable over-65 age group), and how effectively the vaccines have prevented death (New Hampshire reported this week that only 24 of its 413 deaths since January 20 have been fully vaccinated people.), it is scary to imagine how many deaths we'd be having if the Delta variant had hit before we had vaccines.


Previously, the Biden administration had been proposing that all recipients of the Pfizer Covid vaccine (like me) get a third booster shot at some point. Friday, a CDC advisory panel endorsed that idea only for people over 65 (me in another month) and those at special risk.

“It’s likely beneficial, in my opinion, for the elderly, and may eventually be indicated for the general population. I just don’t think we’re there yet in terms of the data,” said Dr. Ofer Levy, a vaccine and infectious disease specialist at Boston Children’s Hospital.

Boosters for the other vaccines are under consideration, but the data hasn't been analyzed yet.


A poll by Fox News (of all people) shows the public getting behind anti-Covid measures like vaccine and mask mandates in ever-increasing numbers.

and a dress

Sometimes I agree with Rep. Alexandria Ocasio-Cortez and sometimes I don't, but I am consistently in awe of her political talent. If you're looking for traditional skills, she can give a speech or grill a witness with the best of them. But she can also tweet and troll and manipulate public attention in all the 21st-century ways.

The dress she wore to the Met Gala (an annual high-priced fund-raiser for the New York's Metropolitan Museum of Art) was one of the great political stunts. Ordinarily, the Met Gala is a contest in which celebrities dress up to compete for a fairly small amount of attention. (I don't remember what anybody wore to previous Met Galas. Do you?) AOC didn't just win that contest this year, she blew past the usual bounds of the event, so that people who ordinarily pay no attention to the Gala are talking about her. And she connected that attention to a popular political slogan: Tax the Rich.

You might be thinking: OMG, she walked into conservative criticism for hypocrisy. (I mean, what's a socialist doing at a $35,000-a-ticket event anyway?) If so, you don't understand the current political culture: In order to really command attention, you need to bait your enemies into attacking you in over-the-top ways that force your allies to defend you. That back-and-forth seizes center stage in a way that an unimpeachable statement never could. Trump pioneered the technique in 2016, and so reduced Jeb Bush and Marco Rubio to playing minor roles in his drama. Marjorie Taylor Greene has learned from the master, catapulting herself from obscurity to national prominence.

Among Democrats, only AOC seems to understand how this works. The Tucker Carlsons and Laura Ingrahams can't get her out of their heads, so she can never be out of the spotlight for long.

BTW, she has good answers to the various questions that have been raised: Like other New York political leaders, she was invited to the gala and did not pay $35K to get in. The dress was borrowed from the designer, a woman of color, who also got significant positive attention from AOC's stunt.

Finally, given all the attention paid to what women in politics wear, I appreciated seeing AOC turn that attention to her advantage. All those people who were going to stare at her butt anyway could stare at "Tax the Rich".


An aside: Remember back in 2008 how Republicans went on and on about how hot Sarah Palin was?

and here's a concept more people should know about

Disney Princess theology. This comes from Erna Kim Hackett's essay "Why I Stopped Talking About Racial Reconciliation and Started Talking About White Supremacy".

White Christianity suffers from a bad case of Disney Princess theology. As each individual reads Scripture, they see themselves as the princess in every story. They are Esther, never Xerxes or Haman. They are Peter, but never Judas. They are the woman anointing Jesus, never the Pharisees. They are the Jews escaping slavery, never Egypt.

For citizens of the most powerful country in the world, who enslaved both Native and Black people, to see itself as Israel and not Egypt when studying Scripture is a perfect example of Disney princess theology. And it means that as people in power, they have no lens for locating themselves rightly in Scripture or society — and it has made them blind and utterly ill-equipped to engage issues of power and injustice. It is some very weak Bible work.

I am reminded of something a religious educator at my church once told me: Lots of articles tell you what you should do if your kid is being bullied at school. But hardly any articles address the possibility that your kid is the bully.

You can see a lot of Disney Princess thinking in the way some Christian churches have responded to Covid: Everything is a plot to oppress them, because they are the center of the Universe. Shutting churches wasn't a byproduct of a reasonable effort to limit crowds, shutting churches was the point! If the government can send people door-to-door to promote vaccines, it can send them door-to-door to confiscate Bibles!

Why should American Christians imagine that anybody wants to confiscate their Bibles? (I have literally never heard anybody propose confiscating Bibles. Even the atheist equivalent of "locker room talk" doesn't go there.) Because telling the story that way makes them the damsels in distress, when actually they are the villains preventing America from beating this virus.

The Christian anti-vaxxers aren't the faithful Israelites, they're the Israelites who complained about manna.

and the Durham investigation finally produced an indictment

Thursday Special Counsel John Durham indicted Michael Sussman, a cybersecurity attorney for the Perkins Coie law firm. The indictment revolves around internet traffic that appeared to imply some back-channel between the 2016 Trump campaign and Putin-connected Alfa Bank. Sussman told the FBI about the traffic and its possible implications, which never panned out. (The Mueller Report, for example, doesn't mention Alfa Bank.)

During his meeting with the FBI, the indictment says, Sussman claimed not to be representing a client, but simply providing the information as a good citizen concerned about national security. But Perkins Coie represented the Clinton campaign, and Sussman had billed time spent investigating Trump's Russia connection. The indictment says Sussman lied to the FBI, and was in fact representing Clinton at the time, in an attempt to get the FBI investigating Trump. Sussman has pleaded not guilty; he denies that he said he was not working for a client, and claims he was actually representing a different client at the FBI meeting.

Major editorial pages split on how significant this indictment is. The Wall Street Journal says Durham has "cracked the Russia case" and "delivered on RussiaGate". The Washington Post disagrees:

This, to put it mildly, is not the confirmation of some broad 2016 deep-state conspiracy against Mr. Trump that the former president apparently desired.

After all, Trump often said Durham's counter-investigation of the Trump/Russia investigation would uncover "the greatest political crimes in the history of our country" and lead to indictments of Obama and Biden, not to mention high-level co-conspirators like James Comey. There's no sign of any of that in this indictment.

Reading the indictment itself, I can't decide whether Durham's case is weak or he is just a bad writer. The indictment paints a picture of Sussman working with a tech-company executive and various others to research cyber-connections between Trump and Russia. It is clear that the people involved were doing opposition research against Trump. Some worked for the Clinton campaign, while others were acting out of partisan sentiment, without any professional interest. What's missing is anything sinister: The researchers do not appear to have invented the Alfa Bank data, for example. The larger importance of what they did is also iffy: They gave the FBI a lead that didn't go anywhere.

From Trump's point of view, the ultimate goal of the Durham investigation was to show that the Trump/Russia investigation was a hoax from the beginning. This indictment does not do that.

What's more, nothing Durham turns up could possibly do that, because Trump did in fact collude with Russia. His campaign manager (Paul Manafort) was passing confidential campaign information to a Russian agent. Manafort himself was a longtime contractor for Putin-connected oligarchs, to the tune of many millions of dollars. Roger Stone was involved somehow in WikiLeaks' release of the Russian-hacked Clinton campaign emails. Don Jr. met with Russians to solicit Russian "dirt" on Clinton.

And the reason we don't know more about these Trump/Russian channels is that Trump obstructed Mueller's investigation of them, not the least by signalling to Manafort and Stone that they could count on pardons, which they ultimately received.

and you also might be interested in ...

The demonstration in support of the January 6 insurrectionists fizzled Saturday. CNN's Ana Navarro-Cárdenas quipped: "More people showed up to my last garage sale."


Russia had parliamentary elections Friday to Sunday, and Putin's United Russia Party appears to have won. The opposition to Putin operated under severe constraints, with many opposition leaders in jail, the media effectively under control of the government, and numerous fake candidates running to split the anti-Putin vote.

The opposition compiled a list of the most viable challengers in every district, but of course the government did its best to prevent distribution. The saddest and most reprehensible part of this story is that Apple and Google gave in to Putin and removed an opposition app from their app stores.


The Emmys were announced last night.


We might be headed towards another debt ceiling crisis. Democrats don't want to push a debt-ceiling increase through on their own, and Mitch McConnell is refusing to cooperate. Something has to happen before the end of October.

As I've said many times, having a debt ceiling separate from the ordinary appropriation process is ridiculous. If Congress approves a budget with a deficit, the Treasury should automatically be authorized to borrow the money to cover it. Allowing Congress the option to vote for a deficit but refuse to authorize borrowing, is like installing a big self-destruct button on the government.


America's top gymnasts testified to the Senate about the FBI's handling of their sexual abuse complaints against USA Gymnastics doctor Larry Nassar. Nassar was eventually removed and went to prison, but only after a long delay, during which he continued sexually abusing female gymnasts.


General Kenneth McKenzie of the US Central Command admitted that a drone strike strike in Kabul on August 29 was a mistake, and that the ten people killed were not terrorists. It is a sadly appropriate ending to the US intervention in Afghanistan, given how many such mistakes we have made in the last 20 years.

A difficult but worthwhile read is "The Other Afghan Women" by The New Yorker's Anand Gopal.

[T]he U.S. did not attempt to settle ... divides and build durable, inclusive institutions; instead, it intervened in a civil war, supporting one side against the other. As a result, like the Soviets, the Americans effectively created two Afghanistans: one mired in endless conflict, the other prosperous and hopeful. It is the hopeful Afghanistan that’s now under threat.

Gopal introduces us to the Afghanistan of the countryside, rather than the cities.


Ohio Congressman Anthony Gonzalez, one of the ten Republican congresspeople to vote for Trump's second impeachment, will not run for re-election.

His district, OH-16, is a convoluted construction southwest of Cleveland. It is reliably Republican, having been represented by a Democrat only two years out of the last 70. Trump got 56% of the vote there in both 2016 and 2020. Gonzalez himself got 63% of the vote in 2020.

I wish one of these Trump-resisting Republicans would stand and fight for his or her vision of the Party. Every time a Jeff Flake or a Bob Corker surrenders without resistance, Trump's aura of invincibility within the Republican Party gets stronger. Every time somebody refuses to fight, it feeds the narrative that you can't fight.

Words I never thought I'd write: Hang in there, Liz Cheney.


Every few days brings a new story of some anti-vax activist dying of Covid. I don't think it's healthy to focus on them or take too much satisfaction from them. But it's useful to keep one in your back pocket in case you find yourself in a social-media argument with someone who thinks all the statistics are fake.

The web site sorryantivaxxer.com is a long series of such stories. I find it very creepy, and I would not advise hanging out there for long.


This week's stereotype validation: Three Texas women attacked the hostess at a New York City restaurant when she asked to see proof of vaccination before letting them enter, as the current NYC rules require. They've been charged with misdemeanor assault.


In honor of the late comedian Norm MacDonald, who died Tuesday, here's the moth joke, and the story behind it.

and let's close with something adventurous

The Instagram page "On Adventure With Dad" chronicles the activities of a Photoshop wizard and his two small children. If you're not on Instagram, the portfolio is here.

Monday, September 13, 2021

Real Liberty

The defendant insists that his liberty is invaded when the State subjects him to fine or imprisonment for neglecting or refusing to submit to vaccination ... But the liberty secured by the Constitution of the United States to every person within its jurisdiction does not import an absolute right in each person to be, at all times and in all circumstances, wholly freed from restraint. ... Real liberty for all could not exist under the operation of a principle which recognizes the right of each individual person to use his own, whether in respect of his person or his property, regardless of the injury that may be done to others.

- Supreme Court Justice John Marshall Harlan,
Jacobson v Massachusetts (1905)

This week's featured post is "On Doing Your Own Research".

This week everybody was talking about Biden's vaccine "mandate"

Which is not even actually a mandate; a company that isn't a government contractor can avoid penalties by instituting weekly testing for its unvaccinated workers. Anyway, here's what President Biden announced in his speech Thursday.

  • Federal employees and contractors have to get vaccinated to keep their jobs and contracts. "If you want to do business with the federal government, vaccinate your workforce."
  • Workers at health-care facilities have to get vaccinated if the facilities receive government funds (i.e., Medicare or Medicaid). "If you’re seeking care at a health-care facility, you should be able to know that the people treating you are vaccinated."
  • Even companies that don't do business with the federal government (if they have more than 100 employees) have to mandate vaccines for their workers. Workers can claim a religious or health exemption, but if they do, they have to be tested for Covid weekly.

In all, about 100 million Americans will be affected by the order. If we assume that they're typical of the total American adult population (about 75% vaccinated already), that would mean that 25 million unvaccinated Americans are now facing the options of (1) get vaccinated (and maybe save your own life); (2) get tested every week; or (3) look for a job at a smaller company.


https://www.ajc.com/opinion/mike-luckovich-blog/909-mike-luckovich-sorry-youre-out/NIGBRKZP7VCCFHJBFP3H7PYAFM/

Republicans, who in general have fought any effort to control the virus, were quick to denounce Biden's move.

Mississippi Governor Tate Reeves, for example, said the mandate was "tyranny" and "unconstitutional". He charged that Biden was only doing it to distract attention from Afghanistan. (Because why else would an American president respond to a plague that had killed 677,000 Americans and was adding to that total at the rate of 3K every two days?)

Arizona Governor Doug Ducey called it "dictatorial" and predicted "This will never stand up in court." South Dakota Governor Kristi Noem was one of several GOP governors pledging to challenge the rule in court. When asked about these threatened lawsuits, Biden said, "Have at it."


Assuming that the Supreme Court will uphold the laws and long-established precedents -- always a dangerous assumption with this highly political court -- Biden is on pretty firm ground.

The authority for the mandate comes from the Occupational Health and Safety Act of 1970 (which was signed by that flaming liberal Richard Nixon). OSHA has never been used to mandate a vaccine before, but gives the government broad powers to enforce workplace safety.

As to whether individuals have an inherent right to refuse vaccination, that was decided back in 1905, when Massachusetts (among other states) mandated a smallpox vaccine. Supreme Court Justice John Harlan (the greatest justice you've probably never heard of; among other claims to fame, he was the lone dissenter in both Plessy v Ferguson and in the Civil Rights Cases that opened the door for Jim Crow) reasoned that a community's power to protect itself against an epidemic would violate an individual's 14th Amendment rights only if it went "far beyond what was reasonably required for the safety of the public".

In order to prevail, then, a challenge would have to argue on fairly narrow grounds. Either:

  • Individuals have more extensive rights to resist a federal mandate than a state mandate.
  • OSHA's sweeping grant of power to regulate workplace safety has an invisible vaccine exception.
  • Increasing vaccinations does not increase workplace safety, and is not a reasonable measure to protect the public from Covid.
  • OSHA itself is unconstitutional.

CNN reports that corporate America is actually pretty pleased with this government interference: Companies want a vaccinated workforce, but don't want to appear heavy-handed. So they're happy to demand vaccination and blame Biden for it. That's why groups like the Chamber of Commerce and the Business Roundtable, who are knee-jerk opponents of all other government regulation, are on board.


This Texas Dad creatively lampoons the masks-violate-my-freedom crowd by stripping down during a school board meeting. Who's free now?


With characteristic cruelty, anti-maskers laugh at a teen as he talks about his grandmother dying of Covid.


Last week I was uncertain whether the new-case numbers were peaking, or if Ida had disrupted the statistics. This week confirms the peak. New cases are down 7% over the last two weeks, though deaths (which usually run two weeks behind new cases) are still increasing. New cases are averaging 145K per day in the US, and deaths are averaging 1648 per day. The total American death total since the start of the pandemic is up to 677,988.

I continue to be amazed at the reactions of people who resist vaccines and masking and anything else that might mitigate the spread. 677K Americans are dead, with three thousand more every two days. You'd think that kind of impact would justify a little inconvenience. But no.

and the 20th anniversary of 9-11

https://www.startribune.com/sack-cartoon-a-country-united/600095946/

The anniversary was Saturday. I noticed two main trends in the commentary. First, acknowledging again the human impact: the losses people suffered on that day, the long-term suffering of people exposed to whatever got into the air, and the heroism of people who tried to help others at great risk to themselves.

The second major trend was to take a step back and recognize just how badly we screwed up our national response. After 9-11, the public was united in a way it hadn't been since World War II. The country wanted to do something, and even people who believed that George W. Bush hadn't legitimately been elected the previous November recognized that he was the only leader available to rally behind. For the next year or two, President Bush could have done just about anything he wanted, if he could claim it had some reasonable connection to 9-11.

What he did, largely under the influence of Vice President Cheney, was to start two wars that were unwinnable because they lacked reasonable goals. American military power could topple the the Taliban and Saddam governments fairly quickly, but Bush and Cheney had no clear notion of how to replace them, or what they wanted out of the new governments.

Many of the prisoners from those wars wound up in a lawless zone in Guantanamo, where they were tortured in violation of both our treaty agreements and longstanding American values. Once introduced, torture spread to other US facilities. In addition, the US government claimed enormous new powers to spy on its own citizens, and even to whisk them into military brigs indefinitely by declaring them "enemy combatants". Internationally, America claimed the right to launch attacks on the soil of any country where we believed terrorists were hiding.

Subsequent administrations could have reversed these policies, but didn't (unless forced to by the Supreme Court). They could have leveled with the American people about how little we were accomplishing in Iraq and Afghanistan, but didn't.

The mainstream media was largely complicit in these efforts, and remains complicit today -- as we saw recently when it savaged President Biden for ending the Afghan War. Twenty years of wasting money and misusing power never aroused a fraction of the ire that was unleashed when a president reversed that foolish course.

And while our troops are no longer fighting in Afghanistan, and President Biden claims the combat mission of our remaining 2500 troops in Iraq will end this year, the internal spying powers remain, and 39 prisoners are still at Guantanamo. The Biden administration may have tightened up control over drone strikes, but, like all post-911 administrations, it claims the right to attack anywhere in the world on a moment's notice.


Every surviving president but Carter appeared at ceremonies to mark 9-11. Biden, Obama, and Clinton were all in New York, and Biden and Bush were at the Flight 93 Memorial in Shanksville, Pennsylvania.

Carter's absence is understandable. He's 96 and has a variety of health problems. Also, his presidency ended two decades before 9-11, so he neither caused nor responded to it.

Trump took heat for not attending, and for marking 9-11 at the Seminole Hard Rock Hotel in Hollywood, Florida, where he was a guest commentator for a boxing match. He did, however, address by video a Day of Prayer event on the National Mall organized by the Let Us Worship organization. Trump never tried to be the president of all the people, so it's not surprising that he acts as ex-president only for crowds of his supporters.

https://www.businessinsider.com/donald-trump-and-son-to-do-boxing-commentary-for-holyfield-belfort-fight-2021-9

In The Guardian, Harvard Professor Linda Bilmes examines where the $5 trillion spent on Afghanistan and Iraq went: mostly to military contractors.


Ross Douthat owns up to being part of a misguided post-911 consensus, and now sees the War on Terror as a 20-year distraction from our real foreign-policy challenge: the rise of China.


Kurt Andersen notes that the 20th anniversary of Pearl Harbor was not a big deal.


Paul Krugman recalls how willing Republicans were to exploit 9-11 to push an unrelated political agenda (“Nothing is more important in a time of war than cutting taxes," said Tom DeLay), and how this foreshadowed the party-over-country trend that has characterized the GOP ever since.

https://robrogers.com/2021/09/10/twenty-years-later/

and the Texas abortion law

After a week of speculation about how the Biden administration would respond to the law, Attorney General Merrick Garland announced a lawsuit. (The text of the suit is here.) The approach AG Garland chose was to sue the State of Texas in federal court, seeking "an order preliminarily and permanently enjoining the State of Texas, including its officers, employees, and agents, including private parties who would bring suit under the law, from implementing or enforcing S.B. 8."

Because SB8 specifically does what Supreme Court precedents say laws cannot do (substantially burden a woman's right to choose an abortion before a fetus is viable), the suit says SB8 is "in open defiance of the Constitution".

The United States therefore may sue a State to vindicate the rights of individuals when a state infringes on rights protected by the Constitution. ... The United States has the authority and responsibility to ensure that Texas cannot evade its obligations under the Constitution and deprive individuals of their constitutional rights by adopting a statutory scheme designed specifically to evade traditional mechanisms of federal judicial review.

The suit notes that while Texas executive-branch officials may not be involved in enforcing the law, Texas judges are.

while Texas has gone to unprecedented lengths to cloak its attack on constitutionally protected rights behind a nominally private cause of action, it nonetheless has compelled its judicial branch to serve an enforcer’s role.

And when private individuals file suit to enforce the law, they also become agents of the state "and thus are bound by the Constitution". (One indication of their state-actor status is that the people who sue under SB8 can collect a payment even though they have not personally suffered damages. Clearly they are not suing in their private capacity.)

The suit also notes an impact on the federal government: Whenever a government program requires it to cover someone's health care, the government might wind up paying for an abortion -- and thus itself being liable for damages under SB8. (Job Corps, Refugee Resettlement, Bureau of Prisons, Office of Personnel Management, Medicaid, and Department of Defense are examples.)


AP reports that yesterday Supreme Court Justice Amy Coney Barrett "spoke at length about her desire for others to see the Supreme Court as nonpartisan".

Maybe she should worry first about what she is, and then worry about how she appears.


Texas Governor Abbott was asked about forcing women to have their rapists' babies, and he responded in ways that make it clear he doesn't take the problem seriously: First, he claimed the law gives women "six weeks" to get an abortion, when most women will not know they are pregnant by then, and most pregnancy tests are unreliable until after a missed period. And then he went to Fantasyland:

Rape is a crime and Texas will work tirelessly that we eliminate all rapists from the streets of Texas by aggressively going out and arresting them and prosecuting them and getting them off the streets.

So: Nothing to worry about, because there aren't going to be any more rapes in Texas. Sadly, though, Texas had nearly 15,000 reported rapes in 2019 (the most recent numbers I could find), and some unknown number of unreported rapes. Abbott did not reveal his magic plan to eliminate rape, or explain why he has not implemented it during the six years he has been governor. And what will he do when accused rapist Donald Trump comes back to the state?

And so Abbott joins the long list of Republican politicians who have said stupid and/or heartless things about rape.

https://www.snopes.com/fact-check/personal-foul/

and Lee's statue

A giant Robert E. Lee statue came down in Richmond Wednesday, provoking all kinds of discussion of Lee's place in history.

Probably no American historical figure has been as thoroughly mythologized as Lee, who in Southern hindsight became the great saint of the Lost Cause. The glorification of Lee was so extreme that in 1996 a biography was titled Lee, Considered because it claimed that the Southern general had never been realistically evaluated by historians. So "considered", not "reconsidered".

The two main points of contention are (1) Lee's relationship to slavery, and (2) how good a general he really was. The first was discussed by Gillian Brockwell in the Washington Post. As for the second, Lee, Considered makes a convincing case that Lee was a brilliant tactician, but not much of a strategist.

As Rhett Butler explained in Gone With the Wind, the South went into the war over-matched in manufacturing capacity and potential manpower. So there were basically only two ways the South could have defeated the North:

  • A "bloody nose" strategy, where a quick Southern strike would convince the North that it didn't really want to pursue this war.
  • A Fabian strategy that would avoid pitched battles, drag out the war, and frustrate the North's desire for a decisive victory until its electorate lost patience.

But no matter how clever its generals were from battle to battle, the South couldn't possibly win the kind of war Lee got them into: a multi-year war of attrition. Bad strategy. The strategy by which Grant ultimately defeated Lee was to stop worrying about his own casualties and focus instead on inflicting as many as possible. Grant understood that he could replenish his forces, but Lee couldn't.

How the South ultimately did win (in 1877) was through an endless terrorist campaign, not a second try at Gettysburg.


Connecting this note with the 9-11 retrospective: If Americans understood our own history, we would never have tried to remake Afghanistan. Even after the victories of Sherman and Grant, and a decade of military occupation, the North was never able to remake the South in its own image. Like the Taliban, the White supremacist aristocracy reestablished itself as soon as the Union troops left.

and you also might be interested in ...

Tuesday is election day for the California recall. Polls on recalling Newsom were tight a month ago, but Keep now has a wide lead over Remove. Consequently, Republicans are already preparing to accuse Governor Gavin Newsom of fraud, because no elections they lose can possibly be legit.

Someday I want to hear their theory on how Newsom managed to coordinate this election fraud with all the polling operations.

https://www.ajc.com/opinion/mike-luckovich-blog/910-mike-luckovich-if-i-lose-its-rigged/CJ72ANXM55FWXN5A3KROJCED4U/

Nate Silver does a quick analysis of the decline in President Biden's approval rating. It corresponds to two events: the Afghanistan withdrawal and the rise in Delta variant cases. Like Nate, I think the Afghan situation will either fade from public attention or look better in hindsight. If this Covid wave is also peaking, Biden might bounce back, though Nate isn't sold on that as a likelihood.


The negotiations over the Democrats' reconciliation infrastructure package is getting serious, with Bernie Sanders on one side and Joe Manchin on the other.


James Fallows describes efforts to rethink college rating systems. The traditional US News approach measures inputs: how accomplished students are when they enter college. It would be better to measure what students gain while they're there.


In line with this week's historical themes, an actual historian debunks the Molon Labe slogan favored by gun-rights extremists. After all, according to the story, the Persians did come and take the Spartan weapons, after killing the Spartan king and all his warriors. Persian casualties were likely larger, but Thermopylae was merely "a speed bump under the wheels of the Persian war machine", which went on to burn Athens before losing the naval battle of Salamis.

Probably, though, the whole Thermopylae myth was Greek propaganda intended to spin a disastrous defeat as a moral victory. (The Alamo myth serves a similar purpose.) It persists today for a different reason:

[The pro-gun] right-wing fringe favors Molon Labe, and by extension the larger toxic myth of Spartan badassery, primarily because it dovetails with other ideas they favor—namely, the advancement of anti-immigrant and anti-Muslim causes. ... In the film version, a hunky 36-year-old Gerard Butler (the real Leonidas was 60 at the time of this battle) led a tiny, beleaguered force composed entirely of musclebound white men to defend the gates of Europe against a brown-skinned tide of decadent foreigners. This wildly false take on Thermopylae, and by extension Sparta, has become a constant reference point for right-wing fringe groups in slogan after poster after stump speech.

and let's close with something wild

Back in 2015, Paul Joynson-Hicks and Tom Sullam started the Comedy Wildlife Photography Awards. Last year's winner was "Terry the Turtle flipping the bird".

This year's finalists are now posted. The whole gallery is worth a look, but my favorite is this undersea choir.

Monday, September 6, 2021

Sacrifices

It's almost impossible to get your mind around how much is currently being sacrificed in favor of a Senate procedural rule that appears nowhere in the Constitution and emerged to buttress segregation.

- Ben Rhodes

This week's featured post is "A Dozen Observations about Texas, Abortion, and the Supreme Court".

This week everybody was talking about the Texas abortion law

https://nickanderson.substack.com/p/the-texas-airlift

That's the subject of the featured post.

and the cost of the filibuster

The Texas abortion law could be undone if Congress passed the Women's Health Protection Act. But it won't, of course, because the WHPA can't muster 60 votes to get past a Republican filibuster.

So we can add one more item to the bill America pays to maintain the filibuster. Similarly, all the hoops and hurdles Republican legislatures have put in the way of voting could be reversed if Congress passed the For the People Act, the John Lewis Voting Rights Act, or some watered-down version of either bill. Even Joe Manchin claims to want to pass something to protect voting rights, but again, unified Republican opposition makes the filibuster an insuperable roadblock.

Similarly, the filibuster dooms the George Floyd Justice in Policing Act, a $15 minimum wage, and statehood for D.C. and Puerto Rico. It's the reason January 6 is being investigated by a House committee rather than a bipartisan commission.

Historically, the filibuster protected segregation in the South, preserving Jim Crow for decades.

Filibuster defenders need to be challenged to answer: What victories balance all these losses? At what moment in American history was the Republic saved from a catastrophic mistake because some prescient minority filibustered? I don't know of one.

and the growing Republican acceptance of gangsterism and violence

Thursday, CNN reported that the House committee investigating the January 6 insurrection had asked telecommunication companies to preserve the phone records of a number of Republican congresspeople, including Minority Leader Kevin McCarthy.

Notice: preserve, not turn over. If the committee eventually decides that it needs some of those records, it will presumably subpoena them. At that point, McCarthy et al might challenge the subpoenas in court, and I assume the companies will do whatever the courts tell them. All perfectly normal.

Kevin McCarthy responded like a Mafia don.

If these companies comply with the Democrat order to turn over private information, they are in violation of federal law and subject to losing their ability to operate in the United States. If companies still choose to violate a federal law, a Republican majority will not forget and will stand with Americans to hold them fully accountable under the law.

An appropriate response to this tweet might be: WTF? Or more specifically, WFL: what federal law?

McCarthy's office has not responded to CNN's request for clarification on what law McCarthy believes the telecommunication companies would be violating.

Marjorie Taylor Greene was more explicit about the threat, if not the law:

These cell phone companies, they better not play with these Democrats, because Republicans are coming back into the majority in 2022, and we will take this very serious.

When you warn people not to cooperate with investigators, or else -- that's pretty much the definition of obstruction. But for congressional Republicans, it's just Tuesday.


A week ago yesterday, North Carolina Republican Congressman Madison Cawthorn issued this threat:

If our election systems continue to be rigged, and continue to be stolen, then it’s going to lead to one place, and it’s bloodshed.

He went on to say that he dreads "having to pick up arms against a fellow American." Not that he wouldn't do it, but that he doesn't look forward to it. You don't "dread" things that you know you aren't going to do.

Cawthorn's spokesman claimed he was opposing violence. But when a conditional threat is based on a lie, the result is just a naked threat. Democrats can't stop rigging and stealing elections, because they haven't done that in the first place. If I tell you I'm going to burn your house down unless your dog stops peeing on my lawn, and you don't have a dog, then the bottom line is that I'm threatening to burn your house down.

As we've seen again and again, Trump claims fraud whenever he loses. He claimed that fraud prevented him from winning the popular vote against Hillary Clinton in 2016, and he also claimed Ted Cruz committed fraud when he beat Trump in the 2016 Iowa caucuses, tweeting: "Based on the fraud committed by Senator Ted Cruz during the Iowa Caucus, either a new election should take place or Cruz results nullified."

Given that history and Cawthorn's devoted Trumpism, the only conclusion to draw is that Cawthorn is regretting in advance all the Americans he will kill if his side loses again. If they lose, they will claim fraud again and get violent again, but with more bloodshed this time.


A Republican candidate for county executive in Northampton County, Pennsylvania, explained how he plans to handle schools boards that impose mask mandates.

Forget going into these school boards with frigging data. You go into school boards to remove ’em! That’s what you do! They don’t follow the law! You go in and you remove ’em. I’m going in there with 20 strong men, I’m going to speak to the school board and I’m going to give them an option. They can leave or they can be removed.

No attempt to convince, no organizing for the next election, no petitions or marches or sit-ins. Just "20 strong men". Increasingly, that's how the GOP wants to handle things.

All across the country, there are reports of the Proud Boys joining anti-mask protests outside of schools and school board meetings. Explicit threats are often part of these demonstrations.

and the pandemic

I'm not sure I trust this week's numbers. On the one hand, they follow the recent trend of slowing growth: New cases are up only 8% over the last two weeks, compared to last week's 20%, preceded by 36% and 60%. On the other hand, the biggest drop is 51% in Louisiana, with even bigger drops in the coastal counties where Ida hit. It could just be that the hurricane interrupted testing and reporting of new cases. But if these numbers are accurate, we could hit a peak this week.

and you also might be interested in ...

It's weirdly ironic that Covid-related unemployment benefits are expiring on Labor Day.


My part of the northeast got some rain, but no serious flooding when the remnants of Ida blew through Wednesday night and Thursday morning. South of here, though, particularly in Philadelphia and New York, things got ugly, and more than 40 people died.

Meanwhile, Louisiana is still recovering from when Ida hit there eight days ago.


In addition to the abortion ban, Texas now has open carry of firearms, without permits or training. So if you want to shoot up a Texas school or shopping mall, you aren't breaking any laws until you pull the trigger.

The anti-voting law that Texas Democrats delayed by leaving the state? It passed. Harris County is suing to keep it from being enforced.

https://www.startribune.com/sack-cartoon-voter-suppression/600094064/

You'll be pleased to know that Rudy Giuliani reports that he is "not an alcoholic" and functions "more effectively than 90% of the population".


Trump Tower is having trouble finding tenants, but it has one really reliable, deep-pocketed one: the Make America Great Again PAC that Trump runs himself. It rents a space that could accommodate 30 employees, but it only lists three, and they're not there most days. The high-priced lease appears to be a simple way to turn donors' money into personal income for Trump, but it's all perfectly legal.

and let's close with something explosive

I've previously closed with videos of elaborate domino constructions that fall in amazing and beautiful ways. An even more kinetic version of the same basic idea is the stick bomb. The elasticity of tongue depressors is used to store potential energy, which can be released in a chain reaction.

If you want to build your own, here's a tutorial.