Challenges that bend but do not break us.

May 12, 2022

[Audio version here]

          In an underreported development, Politico ran a story on Wednesday stating that the Alito draft overturning Roe and Casey remains the opinion of the Court and that no Justices have changed their votes. See Politico, Alito’s draft opinion overturning Roe is still the only one circulated inside Supreme Court. The source for Politico’s story is a “person close to the Court’s conservatives.” The Court continues to leak like a sieve—this time (at least) from a conservative justice or clerk. See NYTimes, After Roe Leak, Supreme Court Starts to Resemble Other Branches.

          Against the near certainty that the outcome of Alito’s draft will become final, Democrats failed to secure a majority vote in the Senate in support of a bill codifying Planned Parenthood v. Casey. Republicans claimed that the legislation was “radical,” but an examination of the bill’s text reveals that it tracks the language of Casey—i.e., states may not “prohibit” abortion before fetal viability.

          Although the bill fell far short of the sixty votes necessary to overcome a filibuster, the defection of Senator Manchin caused feelings of frustration and anger to erupt in Congress and at the White House. Senators Collins and Murkowski continued their gaslighting of women in America by pretending to support the right to an abortion while following Mitch McConnell’s command to vote against the bill.

          Democratic frustrations are understandable. The Senate is an anti-democratic institution by design, a feature that Republicans have converted into minority rule. The Senate Democratic caucus represents 56% of the US population, while Republicans represent 43%. It has been two decades since Senate Republicans represented a bare majority of Americans, but they have controlled the legislative agenda during that period (with the notable exception of Obamacare).

          The inherent asymmetry in favor of minority rule in the Senate is amplified by the filibuster, which allows about 30% of the population to defeat the will of 70% of the population—percentages that roughly reflect the divide in America between support for and opposition to abortion rights. Until Democrats override the filibuster, we will remain frozen in a state of minority rule.

          Many Democrats have been re-energized by the coming fight to reclaim a woman’s right to control her reproductive choices. (Read the Comments section to yesterday’s newsletter to see a representative sample of that view.) But in private emails to me, other Democrats are surrendering from exhaustion after five decades of struggle. One reader sent the following email today:

          I will grow old as a solid Democrat, but I’ve honestly lost my hope for it ever being any different than what it is right now. This is a fight that’s gone on for me for over 50 years and it’s just as stupid and difficult now as it was then, probably even more so. I’m not sure there’s any sense in this anymore. We need to elect better people and do a better job of messaging and we wouldn’t be in the fix we’re in right now, fighting for our lives.

          I have heard similar sentiments from younger progressives who feel that centrist and “corporate” Democrats have not pushed hard enough to make a difference. Other Democrats fault President Biden for failing to energize and lead a coordinated national response to the assault on abortion. For example, California Governor Gavin Newsom said at a Planned Parenthood rally,

          Where the hell is my party? . . . Why aren’t we standing up more firmly, more resolutely? Why aren’t we calling this out? This is a concerted, coordinated effort and yes, they’re winning. They are. They have been. Let’s acknowledge that. We need to stand up. Where’s the counteroffensive?

          Given our inability to break the death-grip of the GOP on the Senate, Democrats are blaming one another for that failure and its cascading consequences. So, we need to return to first principles:

         First, Democrats are not the problem—they are the solution.

          We cannot turn against each other during these challenging times. Democrats, Independents, and willing Republicans must find common cause across a range of ideologies if we hope to protect liberties that are precious to us all.

          Second, none of us is responsible for carrying the burden on our shoulders alone; all of us acting together are strong enough to win.

          The reader who sent me the email quoted above said that he and his wife were “tired of carrying politicians who are not very good at what they do,” but that they would “continue doing postcards.” Bless them both! Despite exhaustion, they will continue to do their part. I understand their frustration, but they should recognize that they are following the finest traditions of American patriots by continuing to be part of the struggle despite their disappointment.

          Third, it is going to get worse before it gets better, but it will get better. We will win, it is just a question of when.

          This is the most difficult truth we must face and accept. Given the structural asymmetry in the Senate, gerrymandering in congressional districts, and the illegitimate majority on the Court, there is little doubt that Republicans will continue their assault on liberty and democracy. Acknowledge that fact, but don’t fret about it or treat every new setback as a dispiriting defeat. We must forge ahead with steely determination despite temporary losses.

          In that regard, I recommend Dan Rather’s essay in Steady, In the Face of Despair. Rather starts with the proposition that “there is a majority consensus” on most issues important to Democrats but acknowledges the asymmetry of minority rule discussed above. He then asks the hard question:

          In the face of all of this, one cannot help but wonder whether there is any reason for hope. I wish I could tell you that everything will certainly turn out fine. But to do so would be an insult to your intelligence. We should not be Pollyannaish about the depths or severity of the challenges. We should not take anything for granted. Solving problems has never been a passive activity.

          Despite Rather’s caution against “Pollyannaish optimism,” he continues:

          But ultimately, I think that the chances of victory for progress outweigh the chances of defeat. Those who are trying to push this nation backward are not only on the wrong side — they’re on the wrong side of the future. Look at the beliefs of the younger generations of Americans on all these issues. Look at how young people think around the world. Look at where the dominant cultural forces are. We should not underestimate the strength we have to push back against this march of destruction. The forces who want to upend the world order and our own democracy weaponize despair. Hopelessness fuels their ends. 

          Rather’s last sentence is his most important: Hopelessness (ours) fuels their ends. Let that sink in. The very point of Republican bad faith, chaos, and hypocrisy is to cause us to feel hopelessness—which is their only hope of overcoming the “broad consensus among a strong majority of Americans” in favor of Democratic ideals.

          A shrinking religious minority cannot constrain the impulse of a great nation toward democracy, liberty, and tolerance. We will win. It is just a matter of time. Do what you can in small measure, and trust that the collective efforts of other Democrats will be enough to prevail.

Opportunities for engagement.

          If you are mad as heck and looking for a way to make a difference, I recommend two opportunities.

          Seniors Taking Action. I interviewed Mary Mulvihill of Seniors Taking Action on the Today’s Edition Podcast. Listen to the episode here: Seniors Taking Action | Today’s Edition Podcast. Seniors Taking Action is a terrific way to join a community of seniors who are committing their talents to support democracy. The organization hosts weekly meetings that provide community, inspiration, and activism. In addition, Seniors Taking Action has a “speaker’s series” with interesting, high-profile, and uplifting leaders who will help keep you motivated. Click on the website link above or write to Mary Mulvihill at marybmulvihill@gmail.com. Finding community with like-minded citizens is important during a time that can be dispiriting and isolating. Check out Seniors Taking Action!

          The Civics Center has started a new campaign called the “Class of 2022 Ready to Vote Challenge.” More than twelve million high school seniors become eligible to vote every four years, but fewer than 20% register to vote! Increasing that percentage is vital to the protection and growth of democracy. You can help! Go to The Civics Center website and check out these resources:

• Learn about the Challenge;

• Take the Pledge;

• Use the Toolkit;  

• Sign up for a Workshop; 

• Read the Op Ed; and 

• Use the hashtags: #classof2022, #readytovote, #futurevoter, #vote, #congrats, #graduation, #DefendDemocracy, #VoteReady, #midterms

          If you are an educator, administrator, parent, grandparent, coach, or know a high school senior, please check out these valuable materials. Even if you can’t help, you might be able to forward them to someone who can. Spread the word!

Concluding Thoughts.

          I am no fan of Brett Stephens, but he has addressed a question relevant to today’s newsletter. See Brett Stephens, NYTimes, Opinion | Can We Still Be Optimistic About America? Mr. Stephens specializes in the “glass-half-empty” view of America. But in today’s column, he catalogs the threats facing our nation but then strikes a hopeful but realistic tone about America’s future:

          So why am I still an optimist when it comes to America? Because while we are bent, our adversaries are brittle. As we find ways to bend, they can only remain static or shatter.

          We obsess over our weaknesses even as we forget our formidable strengths. It is the source of our pessimism. But it is also, paradoxically, our deepest strength: In refusing to look away from our flaws, we not only acknowledge them but also begin fixing them.

          We rethink. We adapt. In bending, we find new ways to grow.

          Well said, Mr. Stephens! We should not obsess over weakness to the point of despair. If we do, we may overlook ‘the new ways to grow’ that arise from the challenges that bend but do not break us.

          Talk to you tomorrow!