How It Is and How It Got This Way (27 Days)

Most of us tend to give people the benefit of the doubt. We expect the average person to behave properly. Not perfectly, but generally to follow the rules of society. To help those in distress, to keep promises, to tell the truth. That’s why we’re willing to ask people for help instead of fearing they’ll take advantage of us. It’s why we take promises seriously. It’s why we pay attention to what other people say.

Then something like the Kavanaugh nomination comes along. Even after we’ve been exposed to dirty politics repeatedly, we still find it hard to believe that people — such as members of the Senate — who claim to value truth and justice — especially people who are viewed as “moderates” — will ignore those values. Some do rise to the occasion. Too often, we’re disappointed once again.

I kept hoping that two or more Republican senators would vote “no”. It’s still hard to believe that only one decided not to vote “yes”. I’m not crazy, so I wasn’t sure we would win. But I still thought there was a possibility as various Republicans expressed their “concerns”. I thought maybe they’d give each other courage. 

It’s still hard to accept that some politicians lie and otherwise practice bad faith so easily and so frequently. I blogged about a long article a few days ago that helped me understand how they’re able to justify their behavior to themselves:

If you believe, as my old friends now believe, that Poland will be better off if it is ruled by people who deserve to rule—because they loudly proclaim a certain kind of patriotism, because they are loyal to the party leader, or because they are … a “better sort of Pole”—then a one-party state is actually more fair than a competitive democracy. Why should different parties be allowed to compete on an even playing field if only one of them has the moral right to form the government? Why should businesses be allowed to compete in a free market if only some of them are loyal to the party and therefore deserving of wealth?

Why shouldn’t you lie in order to put the members of your group in power? Since the people on your side or in your group deserve to be in charge and make the important decisions, why shouldn’t you lie in order to get on the Supreme Court? Or vote “yes” to put that liar on the Supreme Court for the rest of his life?

Garrett Epps writes a “Requiem for the Supreme Court”:

[The Supreme Court’s] decisions were [often] controversial. Many people considered many of them wrong. But this was the nation’s Court; its decisions were rooted in the Constitution and in a shared interest in national unity.

Throughout all of this, Democratic and Republican appointees on the Court clashed, crossed, and formed coalitions. Neither those who praised it nor those who cursed it regarded the Court as the instrument of party politics.

But that idea began to fray…

One party made the Supreme Court a partisan issue. First Richard Nixon and then Ronald Reagan made attacks on the Court part of Republican Party dogma….But I think no fair-minded person could deny that a major barrier was crossed in 1991 when a Republican president, for political reasons, appointed a justice [Clarence Thomas] who was manifestly unqualified for the office, and who faced numerous, credible claims of sexual misbehavior as a government official. It was hard to watch the nominee testify in October 1991 without concluding that Anita Hill had told the truth and that Thomas had lied. But the administration pushed ahead regardless. This was the first major step over a dangerous threshold.

The next step came in 2000, when five Republican appointees on the Court extended its authority to decide a national election, in defiance of federal statutes, the Constitution’s text, and their own frequently expressed pieties about “our federalism.” The Court has aggressively made itself part of partisan politics, but even then, some of the justices who dissented were Republican appointees.

Partisanship sputtered for the next decade and a half. John Roberts was confirmed as chief justice with the votes of 22 Democrats––half of the party’s Senate caucus. Samuel Alito was the object of an attempted filibuster by Democrats, but was still confirmed with four Democratic votes. Sonia Sotomayor won nine Republican votes; Elena Kagan got five Republican votes and lost one Democratic vote. Justice Anthony Kennedy continued to move back and forth within the Court across partisan lines.

As the new Court settled in, people began to wonder whether the wounds of 2000 might be closing.

Then, in 2016, Justice Antonin Scalia died.

President Barack Obama, facing a Republican Senate, carefully nominated a moderate whom even Senator Orrin Hatch had previously designated as acceptable to both sides. But then the rules changed. Scalia’s seat, Senate Majority Leader Mitch McConnell said, would not be filled, no matter what. Republicans had a majority in the Senate and could use it for any purpose they wished—including making the Supreme Court seat a plum partisan patronage job to be filled after the next presidential election. Republican nominee Donald Trump assured Republican voters that he would appoint justices who would “automatically” overturn Roe v. Wade. To make this clearer, he released a short list of nominees, in effect putting their names on the presidential ballot beside his. Another threshold was crossed: a Court seat was a partisan prize, its holders subject to popular vote.

That brings us to the last few weeks in Washington, when the Senate Judiciary Committee met under the pretext that it would listen to testimony from an ordinary American, Christine Blasey Ford….The debate and the vote that followed were not about the Court, not about the law; they were about the Republican Party. They were about teaching the rest of us that we cannot refuse what Trump and McConnell want. They were a demonstration that in the new order there is no individual, no norm, no institution not subject to the control of the ruling party.

Brian Beutler analyzes “The Trumpification of the Supreme Court”:

Even before he stood accused of sexual assault, Kavanaugh was a totem for the forces of dishonesty and bad faith, angling to deceive his way into power by hiding and lying about his career and his agenda.

Kavanaugh has been systematically misleading the Senate since 2004. Rather than own up to his history as a partisan activist lawyer, he disguised his life’s work with spin and outright lies. He disclaimed his role, as an associate White House counsel, in helping to confirm some of the most controversial circuit court judges on the bench. He feigned ignorance of the lawless torture and warrantless wiretapping policies of the Bush administration, and then counted on Republicans in the Senate and the White House to conceal his complete record. He knowingly trafficked in stolen Senate Democratic records to help coach Bush judicial nominees, and then lied about it, concocting the flimsiest of excuses, and offering the Democrats whose documents were stolen not a single word of remorse.

Despite this background, he laughably insisted to the Senate in 2004 that his “background has not been in partisan politics.”

Kavanugh’s appointment is thus an extension of Trump’s contempt for U.S. governing institutions as anything other than instruments of raw partisan power.

Erwin Chemerinsky describes “A Very Tarnished Court”:

Conservatives [have fulfilled] a quest that began with Richard Nixon’s campaign for president in 1968 and intensified during Ronald Reagan’s presidency: putting a staunch conservative majority on the Supreme Court. But the way that they have accomplished this has greatly tarnished the Court, perhaps irreparably. It is impossible to know the long-term consequences of this, but the Court and how it is perceived will never be the same.

….This will [be] the most conservative Court since the mid-1930s, with five justices at the far right of the political spectrum. No longer will there be Republican appointees like John Paul Stevens or David Souter, or even a moderate conservative like Lewis Powell, Sandra Day O’Connor or Anthony Kennedy.

What is stunning is that each of the five conservative justices—Clarence Thomas, John Roberts, Samuel Alito, Neil Gorsuch, and Kavanaugh—came on to the Court in a manner that lacks legitimacy. Each is a disturbing story, but even worse, cumulatively they make it clear that the current Court is little more than an extension of Republican power plays in a way that never has occurred in American history.

He then recounts the ugly events that put Thomas, Roberts, Alito, Gorsuch and now Kavanaugh on the court. He concludes:

Any one of these events would be a hit on the Court’s legitimacy. But to have the entire majority of the Court there only because of shameful behavior inevitably will tarnish the Court.

It is unclear at this moment how it will matter that the Court will be clearly perceived as an extension of the Republican Party. Maybe it will lead to a crisis of legitimacy for the Court, as occurred in the mid-1930s. Perhaps at some point it will lead to open defiance of the Court. Maybe it will cause the Democrats to try to increase the size of the Court if they have control of the presidency and Congress after the November 2020 elections. [Note: the Constitution doesn’t say the Court should have nine members. It had 10 in 1863.]

The only thing that is certain is that conservatives will gain control of the Court as they have long desired—in the process, irreparably hurting the institution by the way they have accomplished this.

Political power grows out of the barrel of a gun. It also grows from the ideas of defunct economists. In the United States, for now, it still grows out of ballots cast and properly counted. 

The next election is 27 days away.

Who Gets to Rule a Nation? The Rise of the One-Party State

A government in which one person has unlimited power is an autocracy. A government in which a small group has a great deal of power is an oligarchy. Unlike an autocracy, there is no requirement that oligarchs have unlimited power. Here in the United States, we still have a representative democracy, although lately it’s been veering toward oligarchy. We also have a president who would prefer America as autocracy with himself as the autocrat.

Anne Applebaum has written a long article for The Atlantic that explains the form of government that’s on the rise around the world. Her article is labeled this way:

Polarization. Conspiracy theories. Attacks on the free press. An obsession with loyalty. Recent events in the United States follow a pattern Europeans know all too well.

Whether such governments are autocracies or oligarchies isn’t clear-cut. She suggests “single-party” or “one-party state”. The paragraphs below explain how they work and how their adherents justify them. Reading the article helped me understand the current crisis.

[Who gets to rule a nation?] For a long time, we have imagined that these questions were settled—but why should they ever be?

Monarchy,tyranny, oligarchy, democracy—thesewere all familiar to Aristotle more than 2,000 years ago. But the illiberal one-party state, now found all over the world—think of China, Venezuela, Zimbabwe—was first developed by Lenin, in Russia, starting in 1917. In the political-science textbooks of the future, the Soviet Union’s founder will surely be remembered not for his Marxist beliefs, but as the inventor of this enduring form of political organization. It is the model that many of the world’s budding autocrats use today.

Unlike Marxism, the Leninist one-party state is not a philosophy. It is a mechanism for holding power. It works because it clearly defines who gets to be the elite—the political elite, the cultural elite, the financial elite. In monarchies such as pre-revolutionary France and Russia, the right to rule was granted to the aristocracy, which defined itself by rigid codes of breeding and etiquette. In modern Western democracies, the right to rule is granted, at least in theory, by different forms of competition: campaigning and voting, meritocratic tests that determine access to higher education and the civil service, free markets. Old-fashioned social hierarchies are usually part of the mix, but in modern Britain, America, Germany, France, and until recently Poland, we have assumed that competition is the most just and efficient way to distribute power. The best-run businesses should make the most money. The most appealing and competent politicians should rule. The contests between them should take place on an even playing field, to ensure a fair outcome.

Lenin’s one-party state was based on different values. It overthrew the aristocratic order. But it did not put a competitive model in place. The Bolshevik one-party state was not merely undemocratic; it was also anti-competitive and anti-meritocratic. Places in universities, civil-service jobs, and roles in government and industry did not go to the most industrious or the most capable. Instead, they went to the most loyal. People advanced because they were willing to conform to the rules of party membership. Though those rules were different at different times, they were consistent in certain ways. They usually excluded the former ruling elite and their children, as well as suspicious ethnic groups. They favored the children of the working class. Above all, they favored people who loudly professed belief in the creed, who attended party meetings, who participated in public displays of enthusiasm. Unlike an ordinary oligarchy, the one-party state allows for upward mobility: True believers can advance. As Hannah Arendt wrote back in the 1940s, the worst kind of one-party state “invariably replaces all first-rate talents, regardless of their sympathies, with those crackpots and fools whose lack of intelligence and creativity is still the best guarantee of their loyalty.”

Lenin’s one-party system also reflected his disdain for the idea of a neutral state, of apolitical civil servants and an objective media… In the Bolshevik imagination, the press could be free, and public institutions could be fair, only once they were controlled by the working class—via the party.

This mockery of the competitive institutions of “bourgeois democracy” and capitalism has long had a right-wing version, too. Hitler’s Germany is the example usually given. But there are many others. Apartheid South Africa was a de facto one-party state that corrupted its press and its judiciary to eliminate blacks from political life and promote the interests of Afrikaners, white South Africans descended mainly from Dutch settlers, who were not succeeding in the capitalist economy created by the British empire.In Europe, two such illiberal parties are now in power: Law and Justice, in Poland, and Viktor Orbán’s Fidesz party, in Hungary. Others, in Austria and Italy, are part of government coalitions or enjoy wide support. These parties tolerate the existence of political opponents. But they use every means possible, legal and illegal, to reduce their opponents’ ability to function and to curtail competition in politics and economics. They dislike foreign investment and criticize privatization, unless it is designed to benefit their supporters. They undermine meritocracy. Like Donald Trump, they mock the notions of neutrality and professionalism, whether in journalists or civil servants. They discourage businesses from advertising in “opposition”—by which they mean illegitimate—media.

Notably, one of the Law and Justice government’s first acts, in early 2016, was to change the civil-service law, making it easier to fire professionals and hire party hacks. The Polish foreign service also wants to drop its requirement that diplomats know two foreign languages, a bar that was too high for favored candidates to meet. The government fired heads of Polish state companies. Previously, the people in these roles had had at least some government or business experience. Now these jobs are largely filled by Law and Justice Party members, as well as their friends and relatives….

You can call this sort of thing by many names: nepotism, state capture. But if you so choose, you can also describe it in positive terms: It represents the end of the hateful notions of meritocracy and competition, principles that, by definition, never benefited the less successful. A rigged and uncompetitive system sounds bad if you want to live in a society run by the talented. But if that isn’t your primary interest, then what’s wrong with it?

If you believe, as my old friends now believe, that Poland will be better off if it is ruled by people who deserve to rule—because they loudly proclaim a certain kind of patriotism, because they are loyal to the party leader, or because they are … a “better sort of Pole”—then a one-party state is actually more fair than a competitive democracy. Why should different parties be allowed to compete on an even playing field if only one of them has the moral right to form the government? Why should businesses be allowed to compete in a free market if only some of them are loyal to the party and therefore deserving of wealth?

Forewarned is forearmed. Please vote for Democrats up and down the ballot in November’s mid-term election. And convince your reasonable friends to vote if any of them still need convincing.

Vote En Masse For Its Extinction

Below is quoted almost all of “T—P Is Making Us All Live in His Delusional Reality Show” by Andrew Sullivan (New York Magazine):

It seems so long ago now. Almost immediately after Trump took office, the denial of reality began. The president’s and his spokesperson’s insistence that his inauguration crowd was the biggest in history — and certainly bigger than Obama’s — belied what everyone could see with their bare, lyin’ eyes. At the time, I wondered whether the president was psychologically unwell. Three thousand lies later, we have a fuller picture.

The president believes what he wants to believe, creates a reality that fits his delusions, and then insists, with extraordinary energy and stamina, that his delusions are the truth. His psychological illness, moreover, is capable of outlasting anyone else’s mental health. Objective reality that contradicts his delusions is discounted as “fake news” propagated by “our country’s greatest enemy,” i.e., reporters. If someone behaved like this in my actual life, if someone kept insisting that the sea was red and the sky green, I’d assume they were a few sandwiches short of a picnic. It’s vital for us to remember this every day: Almost no one else in public life is so openly living in his own disturbed world.

This past week was a kind of masterpiece in delusion. It was a long version of that surreal video his National Security Council created for Kim Jong-un. It was crude, crass, and absurd. I can’t begin to unpack the madness, but it’s worth counting the bizarre things Trump said and did in such a short space of time. Trump clearly believes that Canada’s milk exports are a verifiable national security threat to the United States. He thinks Justin Trudeau’s banal press conference, reiterating Canada’s position on trade, was a “stab in the back.” And he insists that the nuclear threat from North Korea is now over — “Sleep well!” — because he gave Kim the kind of legitimacy the North Korean national gulag has always craved, and received in turn around 400 words from Pyongyang, indistinguishable from previous statements made to several presidents before him. For good measure, he took what was, according to The Wall Street Journal, Vladimir Putin’s advice — I kid you not — to cancel the forthcoming joint military exercises with the South Koreans. More than that, he has offered to withdraw all U.S. troops from the peninsula at some point, before Pyongyang has agreed to anything. He regards all of this as worthy of a Nobel Peace Prize, his Reagan moment. And he is constructing a reality-television show in which he is a World Historical Figure.

This, in fact, is the poignant and quite bonkers script in Trump’s head: that the economy was in free-fall until he took office, after which it soared; that he alone has brought black and Hispanic unemployment down; that his administration has accomplished more than any other at this point in its term; that the Democrats colluded with the Kremlin to try to rig the election; that Robert Mueller is a closet Democrat; that climate change is a hoax; that the American-created international trading system was designed to hurt the U.S.; that you can borrow over a trillion dollars in a full employment economy with no consequences in inflation or debt; and that sabotaging the ACA will lead to lower premiums, greater choice, and better health outcomes for all. Each one of these assertions is what he wants to be true. And so they are true. As the chairwoman of the GOP just explained to any skeptics left in the formerly conservative party: “Anyone that does not embrace the Donald Trump agenda of making America great again will be making a mistake.”

The bad news is that a vast chunk of the American public wants all this to be true as well. If you had any doubts that the GOP is now a cult, this week’s primary results should put them to rest. Republican voters have decided that they will follow their leader no matter what he says, and if that means changing their minds on a dime, so be it. Take Canada. Not so long ago, it was funny to attack our benevolent neighbor to the north. Countless episodes of South Park wouldn’t have worked without the baseline of reality that Canada is about as good and boring a neighbor as you can possibly imagine. But Trump has the power to change minds instantly. So in February this year, 94 percent had a favorable view of Canada. Now, only 66 percent have a favorable view, with 13 in opposition and 22 percent suddenly unsure. Only two years ago, free trade was as solid a shibboleth for the GOP as it gets; now, it’s anathema, even for Larry Kudlow! And watching every Republican senator, apart from McCain, Flake, and Corker (all retiring), stay utterly silent after their president praised a mass-murdering dictator and gave him a global PR coup … well, it’s no longer surprising, but it should remain shocking.

I’m not opposed to his meeting Kim Jong-un, by the way. It’s worth a shot…. I even see the point of withdrawing U.S. troops at some point…. But I’m afraid I cannot forgive or forget Trump’s praise for the most hideously totalitarian regime on the planet, for a bloodthirsty scion who conducts regular public hangings, keeps his subjects in a state of mind-control, holds hundreds of thousands in concentration camps, and threatens the world with nuclear destruction. To watch an American president give his tacit blessing to all of that, to laud Kim for being “rough” on his people, right on the heels of attacking every democratic ally, is an obscenity.

And this was the response of the secretary of State, when asked, inevitably, how the U.S. could in any way verify North Korea’s promised denuclearization: “I find that question insulting and ridiculous and, frankly, ludicrous.” It’s ludicrous, he explained, because the president said there will be verification of denuclearization. And so there will be. Get that? Just lean into the delusion, and everything will be well. Trump’s various mouthpieces have resorted to exactly that formula, when asked difficult or obvious questions that assume a reality different from Trump’s. The empirical questions — those that reference the real world — are “ludicrous,” “inappropriate,” or “ridiculous.” But then when the Trump peons can’t answer the question, because it would reveal Trump as a fantasist, what else are they supposed to do? Show a propaganda video made by the National Security Council?

For that matter, what are we going to do? Every time Trump extends his ludicrous, ridiculous, and insulting reality show for another season, and every time the Republican Party echoes every delusion within it, there’s a big temptation to give in, give up, or look away. A numbness soon takes over. So many of my friends are turning off and tuning out, their decency reflexes exhausted with the pace of the indecency. With the Democrats incapable of consistently debunking this rolling farce, let alone attracting any media space to promote their alternatives, the press is the only viable opposition. But even journalists are getting exhausted. The grosse Lüge works, and the longer the spell is maintained, the stronger it gets. The more people who call the emperor clothed, the harder it is to see him as stark naked. I’m sorry to report that for the first time since April of 2017, Nate Silver calculates that the gap between his disapproval and approval numbers is now in single digits.

Havel had a phrase: “Living in the truth.” In a totalitarian society, living in the truth can be close to impossible, and yet it was possible for someone, as Havel analogized, as lowly as a greengrocer to refuse to “live in a lie”:

The original and most important sphere of activity, one that predetermines all the others, is simply an attempt to create and support the independent life of society as an articulated expression of living within the truth. In other words, serving truth consistently, purposefully, and articulately, and organizing this service. This is only natural, after all: if living within the truth is an elementary starting point for every attempt made by people to oppose the alienating pressure of the system, if it is the only meaningful basis of any independent act of political import, and if, ultimately, it is also the most intrinsic existential source of the “dissident” attitude, then it is difficult to imagine that even manifest “dissent” could have any other basis than the service of truth, the truthful life, and the attempt to make room for the genuine aims of life.

Havel and many others were capable of living in truth in far darker circumstances than our own, and at far greater personal risk. But to cling to this now — to empiricism, facts, to what we see with our eyes and hear with our ears, to what we can say in plain English — is to commit to the central and most essential task of resistance. We live in a lie now, perpetrated from the very top, enhanced by relentless propaganda, and designed to shore up what is a cult. It is growing in strength. It is precisely now that we must manage at every moment to dispel it. And then to vote, en masse, for its extinction.

I would add that those in the media who repeat his nonsense, in headlines, for example, without simultaneously referring to it as nonsense are also playing their role. 

But, yes, we who respect reality must VOTE EN MASSE FOR HIS DELUSIONAL REALITY SHOW’S EXTINCTION.