Be a hero of the resistance!

April 15, 2022

[Audio version here]

          The purpose of this newsletter is to give people hope during challenging times. I remain optimistic about the future of America but also believe that we must be realistic about the challenges we face. It does no good to raise false hope or mislead others about the scale and difficulty of our task. So, I try to strike a balance—reporting accurately on the news while maintaining a sense of perspective that recognizes we can bend the future to our will if we are able to summon the courage and discipline to persevere. We can prevail, but only if we remain firmly grounded in the facts.

          Much of the news is not good. That can cause people to despair. In the last few weeks, I have received an increasing number of emails like the following:

Right now, I’m feeling helpless and hopeless. I don’t see a path forward that will restore sanity and civility to our nation. I see a former political party completely radicalized and attempting to tear down our democracy and our institutions. A politicized Supreme Court. A justice system that only appears to work for the wealthy and connected. A large part of the media that is solely concerned with ratings. We have truly lost our way. The path forward is going to be rough.

          I responded to the reader by saying that their feelings are entirely understandable and shared by tens of millions of Americans. It is painful to experience the loss of liberties that were hard-won over decades of struggle. But it is undeniably true that the moral impulse of the world is towards greater freedom, liberality, and tolerance. The fact that we are experiencing a momentary rearguard action by those on the losing side of history should not undermine confidence in our ultimate victory. Yes, things are bad now and will get worse before they get better, but they will get better. It is only a matter of time—and perspective.

          Those who fought before us did not need to contend with the demoralizing and punishing effects of news media and social media intruding on every waking moment. The “information” ecosystem in which we exist lionizes and amplifies bottom feeders and hucksters, drowning out the voices of reason. By recognizing (and ignoring) the revenue-driven distortions of the media, we can set those distortions aside and focus on this reality: Most Americans are decent, honest, and tolerant. They cherish liberty and respect the rights of others. They do not wish to impose their religious views on others—or have the religious beliefs of others imposed on them. They are hardworking, if a bit overwhelmed, but fervently wish for nothing more than a better world for their children. They are slow to anger but formidable when provoked.

          The small religious minority imposing its views on a much larger majority of Americans is engaged in a self-defeating strategy. They have control of some of the levers of power for the moment—and are abusing that control in a way that would shock the Framers of the Constitution. In their extremism lies the seeds of their defeat. In their intolerance lies the rejection of the “values” they seek to promote. In their hubris, they confuse momentary advantage with final victory.

          Likewise, we should not confuse this moment of retrenchment with defeat. The reason the minority is enacting extreme measures is that they know this is their last chance—ever—to codify religious dogma and embed inequality in our system of laws. Their efforts will not stand. Like the Jim Crow laws that are a stain on dozens of states and thousands of politicians, these too shall fall. Many civil rights leaders still with us fought for sixty years to secure the freedoms we enjoy today. If it takes us two or three election cycles to reverse the tide and reclaim their victories, we must steel ourselves for that fight.

          We are going to win. The momentary setbacks we face today should not make us feel helpless or hopeless. Instead, they should spur us to greater action and engagement. We can do that! We did it in 2018 and 2020. Let’s do it in 2022 and 2024!

The poisonous fruit of the Supreme Court’s attack on Roe.

          Multiple states have now passed anti-abortion laws that plainly violate constitutional rights guaranteed by the Court’s ruling in Roe v. Wade. See Talking Points Memo, DeSantis Joins Mad Dash To Make Abortion Illegal Before Doing So Is Even Legal. The corrosive effect of a half-dozen states passing unconstitutional laws cannot be overstated. The law is the law until it is no longer the law. Passing legislation that deliberately violates the constitutional rights of citizens is an invitation to greater lawlessness in the future. If you teach legislatures that they can flout the law, they will do so.

          The recent spate of unconstitutional anti-abortion laws is the result of the Supreme Court’s decision to allow the admittedly unconstitutional Texas anti-abortion law to remain in effect. Reform the Court. Impose a mandatory code of ethics. Strip the Court of jurisdiction to decide the merits of a case without argument and briefing. Ban unsigned opinions. Overwhelm the reactionary majority with four new justices appointed by President Biden.

Is Justice Thomas talking about Court business with Governor Ron DeSantis?

          Ginny Thomas has told friends that her husband, Justice Clarence Thomas, is in contact with Governor Ron DeSantis “on various things of late.” Hmm. DeSantis has been focused on two items likely to be before the Court in short order—Florida’s congressional redistricting map (drawn under the supervision of DeSantis) and Florida’s unconstitutional ban on abortions after 15 weeks. Could those be the “various things” that DeSantis and Thomas discussed? Or something else? [Credit to Josh Marshall of TPM for raising this question.]

          We will never know because the Supreme Court has no enforceable code of ethics and no mechanism for reporting ex parte communications between justices and politicians, parties, and lobbyists. The feckless John Roberts reported to Congress that there was no reason to impose a code of ethics on the Court because “[e]very Justice seeks to follow high ethical standards.” Yeah, right! Does he mean like Justice Thomas, who recently participated in a case in which his wife is a likely witness and possible subject of the investigation?

          If John Roberts hopes to save his legacy or that of the Court during his tenure as Chief Justice, he has a very narrow window to reclaim control of the rogue justices who are making a mockery of justice.

Republican National Committee quits Commission on Presidential Debates.

          The RNC announced today that it would no longer participate in debates hosted by the Commission on Presidential Debates. Trump’s final disastrous debate performance in 2020 may have significantly contributed to his loss. Since the RNC is not sure that any candidate nominated by the GOP will be able to defend their positions in a fair debate, they have taken the cowardly way out. See NPR, RNC Quits Commission on Presidential Debates.

Putin’s War on the Ukrainian people.

          In a significant setback for Russia, Ukraine was able to disable and sink the Russian flagship Moskva. The ship carried sixteen anti-ship cruise missiles with a range of at least 440 miles and S-300 anti-air missiles critical to its efforts to control the skies over Ukraine. After Ukraine claimed responsibility for sinking a military target, Russia responded by pounding a civilian target—Kyiv.

          Russia sent a “diplomatic note” to the U.S. warning it against arming Ukraine with “sensitive weapons systems” (read: deadly accurate). See WaPo, Russia warns U.S. to stop arming of Ukraine. Russia has staged an unprovoked and illegal invasion of Ukraine that has targeted civilian populations. But Russia had the gall to claim that the U.S. was violating “rigorous principles” governing the transfer of weapons to conflict zones. No one should ever accuse Russia of understanding irony!

          Russia has also threatened to move nuclear weapons into the Baltic region if Sweden and Finland join NATO.

          Russia may be inflicting grave damage on the Ukrainian people, but it is failing to achieve its strategic goals. Indeed, Russia has further isolated itself, unified NATO, caused the abrupt end to the international lifestyle of Russian oligarchs, and demonstrated that its military is undisciplined, ill-trained, and under-resourced. Good.

Subscription renewals.

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Concluding Thoughts.

          Times are tough. People are nervous, and many are looking for social cues about how to respond to predictions of disaster. If you can find the strength to do so, be a leader by modeling confidence about the long-term prospects for success. Do so at whatever level is comfortable for you—at home, among friends, on social media, at work, or among complete strangers.

          To this day, I am bewildered by the broad reach of this newsletter, which started as a nightly email to four family members. After much reflection, I have concluded that the success of the newsletter is due to the fact that I am optimistic about the long-term prospects of our democracy—and willing to say so! That view is not universally shared or widely popular. Indeed, in an age of cynicism, it is sometimes viewed as naïve. But I would rather be naïve (optimistic) and wrong than cynical (defeatist) and right.

          If we have any hope of changing the outcome to our favor, we must be able to sustain ourselves (and others) during tough times. If you can lift others by modeling a bit of confidence, you will be a hero of the resistance!

          This weekend, many readers will celebrate Easter or Passover. My wife and I wish those readers a blessed Easter and happy Passover. To everyone, we wish a moment of respite and calm during these difficult times. Stay strong and be well!

          Warmly, Robert and Jill.