In praise of polarization

“Polarization can create the conditions for overdue reckonings, for broader coalitions. When the parties were mixed, and racially conservative whites were seen as the key swing vote, racial issues were suppressed in American politics. The passage of the Civil Rights Act is the exception that proves the rule: Civil rights laws had been blocked in Congress for decades, and the rupture required to unblock them broke the party system of that era. The polarization of the parties around race and ideology — a story I tell in detail in my book Why We’re Polarized — created an incentive for one party, at least, to prioritize issues of racial justice.

As the parties became more polarized around racial issues, it became much safer for Democratic politicians to embrace racial issues,” says Christopher Stout, a political scientist at Oregon State University and the author of Bringing Race Back In: Black Politicians, Deracialization, and Voting Behavior in the Age of Obama. “Even in 2008, there was a lot of hesitancy to talk about race. Think back to Obama and Jeremiah Wright. But as white working-class voters who were racially conservative left the Democratic Party, it created space for Democrats to talk about race and be rewarded for it rather than punished for it.

Joe Biden’s career reflects the arc of this change. As he has gotten in trouble for saying, when he entered Congress, in the 1970s, he worked often with conservative, segregationist Democrats. These weren’t just coalitions of expedience: He took positions on issues like crime and busing meant to mollify racially conservative white voters. But Biden changed alongside his party. By 2008, those Democrats were gone, and Biden was Obama’s vice president, in an administration that cemented the Democratic Party’s identity as the party of a multiethnic America.”

“Identity politics is often tossed around as a slur, an epithet. A politics of identity is said to be exclusionary, pitting Americans against each other, denying them the common ground of shared experience. This is oft-made criticism of “Black Lives Matter” as a slogan, by those who prefer “all lives matter.” But we are seeing the rebuttal to that argument in the political reality of this moment, where 91 percent of Democrats — and 92 percent of white Democrats — express support for Black Lives Matter (as do 40 percent of Republicans). A politics of identity can be inclusionary, building bridges across experiences that would otherwise remain siloed.”

“Identity is never singular. We have many identities, some of them linked together, some of them sitting in tension. The story of modern political polarization is identities fusing together: Black, Jewish, liberal, atheist, urbanite — Democrat. White, evangelical, rural, conservative, hunter — Republican. Identity fusion creates stronger bonds of solidarity between those who share identities, and can create more conflict with those who become the out-group. It is both inclusionary and exclusionary. But for groups who’ve long been marginalized, who haven’t had the power to force their concerns and their experiences to the forefront of national politics, it can be transformative.
There is no action without reaction, of course. The promise of change that thrills some Americans unnerves others. Trump is president because Obama was president. We will not suddenly find agreement on America’s oldest divides, easy redemption for our oldest sins. And our political system is designed to reflect consensus, not resolve conflict. This is why, in part, polarization is so feared: It breeds government paralysis, wanton obstruction, dangerous brinksmanship.

Even so, we should prefer the difficulties of political conflict to the injustice of suppression. Police brutality is as old as America, but it has been rare for either of our major political parties to take it seriously, much less make it — and racial inequality more broadly — central to their agendas. Change at the level America needs may not be likely, but it would be impossible if neither party was willing to fight for it. That one is beginning to do so now is the product of relentless organizing, activism, and courage among Black Americans, but it is also the product of polarization, sorting, and identity politics.”

How police unions became so powerful — and how they can be tamed

“Police unions in general have become the most vocal interest group opposing criminal justice reforms and especially reforms to police discipline and use of force. Historically, they have, unlike most unions, been profoundly conservative institutions that uphold a particular white ethnic, “law and order”-focused variant of right-wing politics. They have been among Donald Trump’s most fervent allies; Kroll spoke at a Trump rally in 2018, and the International Union of Police Associations has already endorsed Trump for reelection.

The foregrounding of police unions’ role in the warping of American law enforcement has also prompted some difficult conversations on the left. The presence of a segment of a union movement that’s unapologetically right-wing and hostile to Black communities has tested the limits of solidarity from more left-wing unionists.

As long as police forces exist, police unions will exist in some form as well, even if just as political pressure groups. It is therefore natural to think that reforming police unions in some way must be part of the broader agenda of changing policing in America. They are among the biggest stakeholders in the way the system works now; without addressing their power, other reforms may never get off the ground.”

“Most police union experts I spoke with, though, fell in the middle: They believe that police unions can be usefully reformed without being abolished.

There are a number of possible models for this kind of reform. The organization Campaign Zero, co-founded by activists DeRay Mckesson and Samuel Sinyangwe, has been a leader in pushing for police union contract transparency; much of the research above relies on contracts they’ve surfaced publicly.

They recommend a bevy of contract changes, most of which involve removing provisions included in many union contracts or state laws known as Law Enforcement Officers’ Bills of Rights (LEOBRs), which provide similar protections to police officers as contracts do but are implemented as state legislation instead. Problematic provisions in contracts and LEOBRs include mandates that delay interrogations of officers (as Rushin highlighted), the ability to appeal to an arbitrator partially chosen by the police union, and bans on investigating misconduct that happened more than 100 days in the past.

Rushin has proposed allowing the public to observe collective bargaining between the police and state governments. That way, the public can exert pressure on city leaders not to yield to police union demands about discipline. A 2017 Reuters investigation found that in a number of cities, such as San Antonio, city leaders have given police unions concessions as an explicit trade-off for not offering high pay or limiting pay cuts. “If that trade-off is publicly visible, that our failure to compensate is causing cities to give significant concessions on discipline,” Rushin notes, then public pressure might force the city to increase police salaries rather than reducing accountability.”

“Suppose that a FedEx deliveryperson pushed you onto the sidewalk, causing a head injury when you fell. The deliveryperson would be liable in a civil suit, and so would FedEx. But it’s different with government. Qualified immunity generally protects police officers and other public employees from lawsuits; meanwhile, a principle called “vicarious liability” protects police departments and city governments from such lawsuits. Fisk argues that Congress should reverse Monell and allow governments to be held liable for police officers’ misconduct.

The most dramatic reform, short of outright abolishing collective bargaining rights for police unions, is one that Harvard’s Sachs suggested sympathy toward and the Boston Globe has editorialized in favor of: limiting police unions to simply bargaining on wages and hours, not on discipline. This change is already the law in Massachusetts. (Fisk argues this would go too far. “There’s two sides to the contract; why are we focused only on what unions are asking for rather than focusing on what cities are asking for?” she says.)

Reforming police unions is hardly the only important task in efforts to reform the police generally. But there is an emerging consensus that something significant has to change in these organizations. If not, they will remain unaccountable lobbies that frustrate even mild efforts to reform police departments and save the lives of unarmed civilians.”

Trump is rescuing Maine lobstermen from himself, and blaming Obama

“The Maine lobster industry, which has been battered for years as a result of the Trump administration’s trade war with China, got some good news Wednesday. The president unexpectedly announced that the lobster industry will be eligible for bailout funds that had previously only been given to farmers and ranchers.

Trump being Trump, he portrayed this not as what it is — a course correction aimed to belatedly limit the collateral damage of his own policy ideas — but rather as an effort to rescue coastal Maine from the depredations of the Obama administration which he claimed “destroyed the lobster and fishing industry in Maine.””

“Maine fishing actually prospered a great deal during the Obama years. It was a generally rough period for the Maine economy, especially inland, due to both the overall weakness in the American labor market and a specific structural decline in demand for paper. But the lobster industry did very well thanks to a combination of what seems to be an increase in lobster catches induced by climate change and strong demand from Asia.”

“The origins of this week’s lobster policy announcement lie in taxes that Trump initially imposed years ago on goods imported from China. Those higher taxes did not generate the policy concessions Trump was looking for, so they led to higher and more wide-ranging taxes on Chinese imports over the years.

China retaliated against these moves by reducing imports of a range of American-made products, largely agricultural, which created a political problem for Trump because rural voters are one of his important constituents. The tariffs also raised consumer prices in the United States by something like $57 billion per year, according to the conservative American Action Forum. But Trump never expressed much concern about the impact on consumer prices, insisting (falsely) that the economic cost of the taxes fell entirely on Chinese producers.”

“It’s ideologue meets grifter”: How Bill Barr made Trumpism possible

“In any other administration, the firing of a US attorney who had been conducting investigations of the president’s allies would be scandalous. But this is not a typical administration and this is not a typical Department of Justice. Under Barr, the DOJ has become a political instrument for the president. Whether it’s misleading the public about the Mueller report or using tear gas to disperse peaceful protesters so that Trump could stage a photo op, or trying to fire Berman, Barr has repeatedly sacrificed the dignity of his office in order to please his boss.”

“He believes the president should be more powerful than Congress and the courts. In his mind, that’s the only thing that can keep the country safe when it is threatened by war, natural disaster, or economic collapse.”

“it’s funny watching interviews with him. He’s very measured in how he speaks, but what he is saying is very far right and deeply conservative across the board. And his actions are extraordinary, at times unprecedented, for an attorney general, from dispatching National Guard troops from multiple states all over DC, to setting up a command bunker where he oversaw all of that, to removing prosecutors and pushing for lower sentences for the president’s allies. He speaks carefully but his actions are anything but measured.”

Why conservative Chief Justice Roberts just struck down an anti-abortion law

“Ultimately, Roberts concludes that the principle of stare decisis — the doctrine that courts should generally be bound by their prior decisions — compels him to strike down Louisiana’s law. “The result in this case is controlled by our decision four years ago invalidating a nearly identical Texas law,” Roberts concludes.

As a practical matter, that means the constitutional right to an abortion is likely to survive for at least another year or two. But Roberts also signals that he’s open to a lawsuit challenging this right on other grounds.

The takeaway from Roberts’s opinion isn’t that the right to an abortion is safe. It’s that Roberts is reluctant to bend the Court’s ordinary procedures to hand abortion opponents a victory in this particular case.”

Pompeo says U.S. ready to team up on China, but E.U. eyes a post-Trump world

“At the start of Trump’s presidency, EU leaders harbored hopes that the combative president would team up with them to address an array of issues with China, particularly related to trade disputes, on which Beijing had long refused to give any ground. Instead, Trump lumped the EU, and especially Germany, together with China as trade rivals who had taken advantage of the U.S., and even slapped punitive tariffs on EU steel and aluminum products that prompted swift retaliation from Brussels.

And even as Pompeo said he was excited about the new dialogue over China, he reiterated some areas of sharp disagreement between Washington and European allies, including over Trump’s surprise decision to reduce the U.S. military presence in Germany, which Trump has linked to his political disagreements with Berlin, including Germany’s slow increases in military spending and its continued support of the Nord Stream 2 gas pipeline project.

Pompeo in his speech tried to insist that Trump’s decision was based on a careful “strategic review” of military deployment levels and needs — a point that has been flatly refuted by current and former U.S. military officials.

Given the deep lack of trust, it seems unlikely that much progress will be made discussing China or anything else between now and the November election in the U.S. EU leaders at the moment are intensely focused on debating their new long-term budget and a European Commission proposal for an ambitious economic recovery fund.”

The Supreme Court’s big decision on the CFPB and the “unitary executive,” explained

“the justices largely focused on the question of whether the president may remove the CFPB’s sitting director at will.

A majority of the Court agreed that a president may remove the CFPB director. In the short term, that decision could benefit presumptive Democratic presidential nominee Joe Biden, who will be able to remove Trump’s CFPB director right away if Biden becomes president. In the long term, however, the decision could potentially empower the president to manipulate the political process.”

“So the immediate upshot of Seila Law is that the CFPB survives this attempt to strike it down in its entirety, and Democrats gain the power to remove Trump’s CFPB director if Biden is sworn in next year. But it is unlikely that we will know the full significance of Seila Law until the Court hears a new case testing its meaning.”

“Most independent agencies — including the Fed and the FCC — are led by a multi-member board.

The CFPB is unusual, though not entirely unique, in that it is led by a single director who could not be removed at will by the president. This unusual leadership structure, according to Roberts’s majority opinion, is not allowed. According to Roberts, the Constitution “scrupulously avoids concentrating power in the hands of any single individual.””

“there are very good reasons why we do not want some agencies to be fully subject to presidential authority. If the president can threaten to fire Fed governors or FCC commissioners, those agencies might try to influence the result of an election in illegitimate ways.

And while much of Roberts’s decision focused on the CFPB’s single-director structure, it is far from clear, after Seila Law, whether multi-member agencies like the FCC or the Fed may remain independent.”

Why Alabamians Turned on Jeff Sessions

“Trump has spent years pillorying Sessions, the first U.S. senator to endorse his presidential run, for Sessions’ 2017 decision as attorney general to recuse himself from overseeing the FBI probe into potential connections between Russia and Trump’s 2016 campaign. In angry barrages before and after Sessions resigned in November 2018, the president has called him “scared stiff,” “slime,” “a disaster” and “not mentally qualified” to be the country’s top prosecutor. (Sessions’ campaign did not respond to requests for comment for this article, nor did Tuberville’s.) Choosing Sessions as attorney general, Trump said in a 2019 interview, was the “biggest mistake” of his presidency—a decision many Republicans, including in Alabama, believe built up momentum not only for the Mueller investigation but also for Trump’s impeachment.

“Recusing himself from his duties and helping the Democrats—that was enough,” says Jasper resident Johnny Burnette, who supported Sessions in prior campaigns but says he now plans to vote for Tuberville. “I like Jeff, but he messed up.”

Flowers, who switched from a Democrat to Republican in the early 1990s, told me he attended a Rotary Club meeting soon after Trump first started attacking Sessions. “People were vitriolic,” he recalls. “It was ugly, mean-spirited.”

“This constant drubbing from the president … painted a picture of [Sessions] being untrustworthy and weak,” adds Robert Blanton, chair of the department of political science and public administration at the University of Alabama at Birmingham. “He has been unable to emerge from the shadow of Trump’s criticisms.”

Sessions’ old school politics of gentility and his staunch conservative track record—which worked for him here for decades—may not be able to withstand that onslaught.”

Trump’s bet on a vaccine could come at a cost

“The pursuit of a vaccine across federal health agencies has also forced tradeoffs. The Biomedical Advanced Research and Development Authority, for example, has halted a push for lung treatments to fight the coronavirus, potentially putting a treatment option on the back burner.

The danger of going all in on a vaccine may be that President Donald Trump is pinning hopes on a miracle shot while there’s considerable reason to believe that the outbreak could stretch on for years.

“There’s no guarantee that a vaccine is going to work,” said Luciana Borio, who served as the FDA’s acting top scientist and worked on White House pandemic preparedness efforts earlier in the Trump administration. “And even if it does, there’s no guarantee that it’ll be the right product for most people, or that people will want to take it, or that the virus won’t mutate.”

Vaccines are notoriously difficult to make; the vaccine for mumps, the fastest ever developed, took four years. Many take far longer, and more still fail in animal or human testing and never reach the market. Public health experts say the U.S. government is making a risky bet by focusing so much of its pandemic response on the hope that a shot will end the coronavirus’ devastating march.”