Category Archives: The Way the World Goes ‘Round

In California coronavirus still rules — and other issues affecting the Golden State

▪ This morning’s Los Angeles Times reports on public health officials’ guarded optimism that a surging coronavirus may be poised to recede (“California desperate for signs of a turnaround after stunning coronavirus setbacks”). Hope, as much as reason, appears to ground their views. And though there are numerous positive signs, the coronavirus still has the upper hand.

The impact of coronavirus has fallen most heavily on essential workers, residents in institutional settings (nursing homes, prisons), and people of color.

“The epidemic in the West is particularly among the Latinx community. … They are both in urban, as well as rural, agricultural areas,” said Dr. George Rutherford, an epidemiologist and infectious diseases expert at UC San Francisco. “There’s tremendous amount of transmission in Southern California, in particular in Orange and Los Angeles counties.”

▪ David Corn reported last week that Steven Miller’s maternal grandmother, Ruth Glosser, died recently of respiratory arrest as a result of a COVID-19 infection, which her son David Glosser (brother to Miller’s mother) has blamed on the Trump administration’s failures to address the threat from coronavirus:

David Glosser is a retired neuropsychologist and passionate Trump critic who has publicly decried Miller for his anti-immigrant policies, and he contends that Trump’s initial “lack of a response” to the coronavirus crisis led to the deaths of tens of thousands of Americans who might have otherwise survived. In an interview, he says, “With the death of my mother, I’m angry and outraged at [Miller] directly and the administration he has devoted his energy to supporting.”

Mrs. Glosser was living in a Los Angeles area assisted living facility. Los Angeles County, with a population exceeding 10 million, has more coronavirus cases than any other county in the country. Long term care facilities (as noted above) have been especially hard hit in the county and the state.

▪ Former California Senator Barbara Boxer has admitted making a mistake when she voted to establish the Department of Homeland Security. While I agree that this was a mistake, I’m not sure what to make of her belated misgivings:

Here’s where I went wrong: I never imagined that a president would use unconfirmed puppets like acting DHS secretary Chad Wolf and his deputy, Ken Cuccinelli, to terrorize our own citizens in our own country. Our goal then had been to protect our own people, not hurt them, not harm them, not hunt them down on the streets of Portland or any other city. There was no protection built into this bill to stop a power-hungry president from misusing a powerful federal police force, hidden in disparate agencies, controlled by one agency head — the thought never even occurred to me.

No one in 2002 could have predicted Donald Trump’s 2016 election. What about the general possibility of presidential malfeasance or misconduct at some point in the future? Apparently that had “never even occurred” to the former senator, who now asserts, “When we write laws, we must think harder about how they might be misused.” Nine of her Senate colleagues thought things through. (The act passed 90-9, with one senator absent.)

I’m not an impartial critic of the decision to shove scores of agencies under an unwieldy DHS umbrella. I was with the senators (all Democrats, though not all liberals) who voted Nay. I even object to the authoritarian name of the agency. And, yes, Senator Boxer, it was a mistake to pass a bill with “no protection built into” it that places limits on presidential authority.

But the nation was still stunned by the 9-11 attacks, George W. Bush was basking in public approval, and it was easier to justify a Yea vote (and not think too hard about how the law might be misused), than a Nay.

But I don’t buy Boxer’s logic. She notes that Trump has “little regard for the letter of the law or executive restraint.” If we grant this, however, and we’ve been paying attention to Trump’s increasingly egregious conduct, and we’ve seen all his enablers, including Bill Barr (whom she doesn’t mention), doing Trump’s bidding — fussing over legislative detail, or even casting a no vote (in my view) doesn’t prevent Trump’s reckless, unconstitutional decision in 2020 to send federal agents in unmarked military uniforms to Portland to incite and assault Americans protesting in the streets.

Legislative protections only work when political actors accept democratic norms, respect Constitutional authority, and embrace the rule of law. We’ve left that station long ago.

▪ Democrats (including me) often decry the mindless partisanship of Republicans. But sometimes partisanship leads Democrats astray. The election of Alex Villanueva as Sheriff of solid blue Los Angeles County is a case in point (as I’ve related in a previous post).

Long story short: he ran as a Democrat for a nonpartisan office in a year (2018) when Democrats were focused on sending a message to Donald Trump. He defeated Sheriff Jim McDonnell, a former Republican (who had re-registered as an independent). Democratic clubs across the county and the county Democratic Party managed not to notice that Villanueva’s primary source of support was from a deputies’ union that opposed Sheriff McDonnell’s campaign to bring accountability to the agency and rid it of bad cops. (Don’t things look different from the perspective of 2020.) Nor were Democratic groups daunted by the absence of experienced leadership from Villanueva on any issues that Democrats ought to care about.

The new Sheriff has been wrangling with the County Board of Supervisors ever since taking office. The LA Times reports on the latest controversy this morning (“Sheriff’s sexist slur and accusations of ‘blood money’ ramp up feud with L.A. County supervisors”). In a dispute with board chair Hilda Solis he invoked La Malinche (“a name used to demean a woman as a traitor or sellout. It refers to a historical figure in Mexican culture who was the interpreter and slave of the Spanish conqueror Hernán Cortés and became a symbol of betrayal for facilitating the conquest of the Aztec empire”).

▪ Finally: Trader Joe’s (founded in Pasadena) made a corporate decision to abandon labeling such as Trader Ming’s, Trader Jose’s, and Trader Giotto’s [or seemed to do so; see Update below] after a 17-year old activist started an online petition that argued, “The Trader Joe’s branding is racist because it exoticizes other cultures — it presents ‘Joe’ as the default ‘normal’ and the other characters falling outside of it.” 

Readers of the LA Times weren’t convinced that TJ’s whimsical marketing was actually racist, as noted by four letters to the editor published earlier this month. Rather, the attitude across the board was, “Are you kidding me?”

On Saturday, Paul Thornton, the letters editor, commented (in introducing additional letters):

“The four letters published July 23 reflected that unanimity, and I thought that such a one-sided presentation of opinions would  provoke at least a few readers who agreed with Trader Joe’s expression of cultural sensitivity to write us. Instead, the letters had the opposite effect….

As of this writing, more than 70 readers have sent us letters on the topic, and not a single one has bid good riddance to Trader Giotto or Trader Jose.

This one (from an LA reader) was typical:

I am Chinese and a fifth-generation American. My father’s name was Ming, and he always got a chuckle out of seeing “Trader Ming” in the grocery store’s Fearless Flyer newsletter.

Kudos to the young woman who saw a problem and took action. However, I would like to respectfully suggest that there are many problems more worthy of her time and energy.

[Update: Trader Joe’s customers view the chain’s “brand variations” much as LA Times‘ readers do:

A few weeks ago, an online petition was launched calling on us to “remove racist packaging from [our] products.” Following were inaccurate reports that the petition prompted us to take action. We want to be clear: we disagree that any of these labels are racist. We do not make decisions based on petitions.

We make decisions based on what customers purchase, as well as the feedback we receive from our customers and Crew Members. If we feel there is need for change, we do not hesitate to take action.

. . .

Recently we have heard from many customers reaffirming that these name variations are largely viewed in exactly the way they were intended­—as an attempt to have fun with our product marketing. We continue our ongoing evaluation, and those products that resonate with our customers and sell well will remain on our shelves.]

(Image: Governor Gavin Newsom speaks in Stockton as seen on KTLA5.)

Round and round: The president, the governor, voting rights, and the Grim Reaper

1.  Speech acts

In 1974, John Searle made an observation in a classroom about this sentence: ‘This room would look good in blue.’ He noted that the import of the sentence could differ from speaker to speaker. So, for instance, the words constituted a simple declarative sentence when spoken by a casual observer to a friend, while the same sentence could function as an imperative – Paint it blue – if spoken by the homeowner to a contractor.

I was reminded of this lecture when reading Bonnie Honig’s comments about an exchange on Fox News (which I quoted yesterday):

Jesse Watters: The President’s spitballing and he’s asking questions. ‘Would it be possible to maybe target the virus through a cure using certain ingredients and using sunlight?‘ You didn’t believe the President was putting anyone in danger, did you?

Dr. Deborah Birx: No. He gets new information. He likes to talk that through out loud. And really have that dialogue. And so that’s what dialogue he was having. I think he just saw the information at the time, immediately before the press conference. And he was still digesting that information.

It was easy enough to take the good doctor’s suggestion – that Trump was just digesting the information when he commented on bleach and light – at face value. But, Honig illustrates why this is wrong.

Trump isn’t just riffing aloud. He is demanding public praise for his intelligence from a distinguished authority whose job depends on Trump’s goodwill. Honig (“Spitballing in a pandemic”) [emphasis added]:

Dr. Birx … tried to explain it all away on Fox News, and what she said rings true: “When he gets new information he likes to talk that through out loud and really have that dialogue and so that’s what dialogue he’s having.” The issue, she implies, is not the musing: that is his process. The issue is that it happened in the wrong place at the wrong time.

But Trump knew that. He mused publicly because he hoped to give us all a peek behind the scenes. He has ideas and his people take them seriously! See? And who knows? He himself might come up with the cure! 

. . .

What we saw on Thursday in the briefing room is what is going on behind the scenes: his advisors indulge Trump’s bright ideas and take them seriously. “I just had a thought. Look into it.” He did not say it like it was an order. On Thursday, his tone was inveigling, whispery. He was impersonating what he imagines it looks like to have an idea. Buttressed by power and smothered in noblesse oblige, however, his “thought” was really a command: act like it’s a good idea. — Yessir, we will.

2.  That’s bracing

In California, declaration of an emergency results in an extraordinarily broad expansion of a governor’s power, in this case, Gavin Newsom’s:

States are afforded broad authority under constitutional law, which grants them “police power” to improve the health, safety, morals and general welfare of the population. Under California’s Emergency Services Act, the governor’s powers are virtually unlimited — he can suspend any law or regulation during a state of emergency.

3. Voting rights

On April 12, I referenced election expert Richard Hasen’s fear that Republican-controlled state legislatures, in purple states (or red ones that could flip to Biden), could cancel the November 3 election and allocate the state’s electoral votes to Trump. The U.S. Supreme Court noted in Bush v. Gore that state legislatures possess this authority under the Constitution.

Last week, in a review of Joe Biden’s warning that Trump could try to cancel the election, Ed Kilgore noted that in fact the Florida legislature – in 2000 (when Bush v. Gore was before SCOTUS) – filed a brief asserting the authority to throw out the election results and direct all of the state’s electoral votes to Bush. The five Republican men who comprised the Court’s 5-4 majority in the case rendered this move unnecessary to give the election to George W. Bush.

In the aftermath of the Court’s unsigned 5-4 ruling overturning a lower court’s extension of time to count ballots in Wisconsin’s recent election in the midst of the coronavirus pandemic, Nina Totenberg commented that “in a voting case, Chief Justice Roberts assuredly would have played a pivotal role.” Roberts has been deeply involved in voting rights cases dating to 1982, when as a staffer to Ronald Reagan, he worked (unsuccessfully) to narrow the 1965 Voting Rights Act. Later, as Chief Justice, he succeeded in gutting provisions of the law. Regarding the Wisconsin case, she observed:

So, it was no surprise when the conservative majority refused to make even a modest accommodation to the pandemic. What was surprising was the tone of the opinion. Critics of the opinion, including some Roberts defenders, called the language “callous,” “cynical” and “unfortunate.”

4. The Grim Reaper aka the Majority Leader of the United States Senate

Mitch McConnell was on conservative talk radio last week. He made news by suggesting that he thought, rather than provide funding for states facing unprecedented financial burdens fighting the coronavirus, that he would prefer to see the states declare bankruptcy.

I would certainly be in favor of allowing states to use the bankruptcy route. It saves some cities. And there’s no good reason for it not to be available. My guess is their first choice would be for the federal government to borrow money from future generations to send it down to them now so they don’t have to do that. That’s not something I’m going to be in favor of.

And:

“I said yesterday we’re going to push the pause button here, because I think this whole business of additional assistance for state and local governments needs to be thoroughly evaluated. You raised yourself the important issue of what states have done, many of them have done to themselves with their pension programs. There’s not going to be any desire on the Republican side to bail out state pensions by borrowing money from future generations.” 

In a press release, McConnell highlighted his comments about state bankruptcy with the heading, “On Stopping Blue State Bailouts.”

Governor Andrew Cuomo responded:

Let me go back to my self-proclaimed Grim Reaper, Senator McConnell for another second. He represents the State of Kentucky, okay? When it comes to fairness, New York State puts much more money into the federal pot than it takes out, okay. At the end of the year, we put in $116 billion more than we take out, okay? His state, the State of Kentucky, takes out 148 billion more than they put in, okay.

Senator McConnell, who is getting bailed out here? It’s your state that is living on the money that we generate. Your state is getting bailed out, not my state.

Cuomo also took McConnell to task for the rawest kind of partisanship.

Don’t help New York State because it is a Democratic state. How ugly a thought. I mean just think of – just think of what he’s saying. People died: 15,000 people died in New York. But they were predominantly Democrats, so why should we help them? I mean, for crying out loud, if there was ever a time for you to put aside, for you to put aside your pettiness and your partisanship and this political lens that you see the world through — Democrat or Republican, and we help Republicans but we don’t help Democrats — that’s not who we are. That’s just now who we are as a people. I mean, if there’s ever a time for humanity and decency, now is the time.

As I have observed repeatedly in this blog, Mitch McConnell’s M.O. is to exacerbate partisanship at every opportunity. Humanity? Decency? Not among McConnell’s priorities.

I learned from David Frum that Republican proposals to encourage state bankruptcies date back more than a decade. The idea, which Frum sketches, is this: rich blue states impose higher taxes, and spend more on social programs (including, incidentally, generous public employee pensions), than Republicans like. Yet many wealthy Republicans – the GOP donor class – live in blue states. Moreover, Mitch McConnell’s biggest donors are not from Kentucky: they too live, work, and pay taxes in blue states. If Congress (when Republicans are in charge), and the federal courts (which are being stacked with right wing ideologues), could impose a bankruptcy process on the blue states, then those rich Republicans living in California, New York, and other wealth-generating states where Democrats reliably get elected, could see their taxes go down.

And if that meant that public employee pensions could be gutted, then Republicans would be smiting the most well-organized Democratic constituency – public employee unions – in the country.

Governor Andrew Cuomo’s comments (characterizing McConnell’s suggestion as “one of the saddest, really dumb ideas of all time”), asserted that state bankruptcies would wreak havoc on markets worldwide, wrecking the economy. Actually not (as Frum explains): Republican proposals to permit state bankruptcies would ensure that big money interests get paid; it’s the labor unions that would lose. And Democrats.

Frum observes:

A federal bankruptcy process for state finances could thus enable wealthy individuals and interest groups in rich states to leverage their clout in the anti-majoritarian federal system to reverse political defeats in the more majoritarian political systems of big, rich states like California, New York, and Illinois.

In other words, in a country where more than half the population only elects 18 of 100 Senators; where the Electoral College reflects this disparity; and where boundaries for Congressional Districts (because of demographics related to cities and state of the art gerrymandering) make Democratic votes less potent than Republican votes, Democratic majorities may still rule within the states. But If Republicans in Washington could change federal law (and shape federal court rulings) as proposed, then a national minority could crush majorities within the big blue states. California, New York, Illinois, and others would cease to enjoy majority rule.

Yet another Republican plan for extinguishing responsive democratic government. Here’s hoping Mitch McConnell is deposed as Majority Leader after November 3.

That’s the way the world goes ’round: news, context, and comments on the past week

1.

2. Wisconsin Republicans refused to let a deadly pandemic (with the greatest impact in Democratic strongholds in Milwaukee) get in the way of guaranteeing a low-turnout election for a state supreme court seat. Speaker of the Assembly Robin Vos, outfitted in head to toe PPE, assures the public that everything is fine.

3. Charles Sykes – who for twenty five years was immersed in the “conservative movement, both as an observer and as a full participant” and knows all the Republican players, including Robin Vos – explains the election’s significance and the context in Wisconsin politics. (I recommend Sykes’ book, How the Right Lost Its Mind, which presents an insiders’ account of how conservative media “succeeded in convincing our audiences to ignore and discount any information whatsoever from the mainstream media. The cumulative effect of the attacks was to delegitimize those outlets and essentially destroy much of the Right’s immunity to false information.”)

4. Richard Hasen (“How Republicans are using the pandemic to suppress the vote“) suggests that Republicans may be willing to go to far greater lengths than they did in Wisconsin to rig the November election. He foresees two possibilities. The first (a 180-degree pivot from Wisconsin Republicans), is to emphasize the grave risks to public health and simply close polling places in Democratic cities and swing states. (Shutting down polling places – creating voting deserts, in effect – in Democratic areas of a state is a tried and true method of voter suppression.) The second method is more novel: a direct assault on the right of citizens to cast votes.

More ominously, as Mark Joseph Stern has pointed out, state legislatures have the power under the Constitution to choose presidential electors. In its infamous 2000 decision in Bush vs. Gore, the U.S. Supreme Court remarked that although every state legislature had given voters the power to vote directly for the president and to allocate the state’s electoral college votes, state legislators could take back that power at any time.

What’s to stop Trump from appealing to Republican-controlled legislatures in the swing states of Arizona, Michigan, North Carolina, Pennsylvania and Wisconsin to take back this power from voters under the pretext that the risk of COVID-19 makes voting too difficult? Although all these states, except Arizona, have Democratic governors, some believe that the legislatures could take back this power even without the agreement of the governor. [My emphasis.]

5. The United States now leads the world in coronavirus deaths. The lack of national leadership that brought this about is disgraceful.

6. Today’s New York Times offers the most recent review of Donald Trump’s ongoing failures to protect the American public (“He Could Have Seen What Was Coming: Behind Trump’s Failure on the Virus”).

By the last week of February, it was clear to the administration’s public health team that schools and businesses in hot spots would have to close. But in the turbulence of the Trump White House, it took three more weeks to persuade the president that failure to act quickly to control the spread of the virus would have dire consequences.

7. Last month Trump declared, “We’re not a shipping clerk,” but the continuing refusal of the federal government to take command is costing lives. Instead, his administration has relied on five large medical supply companies to step into the breach. These companies are distributing personal protective equipment — but their regular customers are getting first dibs on all PPE, regardless of need. Governors with coronavirus hotspots have to stand in line while scrambling to find their own sources for gear.

Admiral John Polowczyk, who leads FEMA’s Procurement Task Force, explains: “I’m not here to disrupt a supply chain, say, look, they have trucks to go to the hospital door every day. We’re bringing product in. They’re filling orders for hospitals, nursing homes like normal.”

But things are hardly normal. As a result, according to governors with hospitals that lack PPE, “this has led to confusion and chaotic bidding wars. Until the bottleneck is sorted out, it will be market forces and corporations that often decide who gets scarce supplies and who doesn’t.”

(Image: courtesy of NASA.)