A Chilling, Albeit Correct, Diagnosis

I don’t know who Thomas Zimmer is, nor do I recall how I came to read his February 8th “Democracy Americana” newsletter. 
It’s likely some reader shared it after one of my periodic rants about racism and MAGA’s takeover of the GOP, but that’s just a guess. The headline and subhead are pretty clear indications of the subject-matter: “Domination or Dissolution, Rule or Ruin: The Right is fantasizing about secession, ‘national divorce’ and civil war–because they will not, under any circumstances, accept pluralism.”

 
In short, they’re committed racists.
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Equal Protection? Or Discrimination?

Does the Equal Protection Clause of the 14th Amendment forbid the government to address problems caused by decades of unequal treatment? One off-the-tracks court apparently believes the answer is yes.

The Supreme Court has effectively ended most affirmative action programs, and now a federal judge has handed down what has been labeled a “White grievance ruling,” holding that the Minority Business Development Agency cannot focus on minorities, and must open its doors to every race–i.e., White guys.

I am not making this up.

U.S. District Court Judge Mark Pittman (a Trump appointee) ruled that the Minority Business Development Agency (which has been working with minority-owned businesses for 55 years) must open its doors to “every race,” in a case brought by a group of White plaintiffs who argued that the agency’s focus on minority businesses constituted discrimination against White people.

Pittman is the judge who killed Joe Biden’s student debt relief, and ruled that Texas couldn’t ban teenagers between 18-20 from carrying concealed weapons.

As one relatively intemperate pundit reported (no link available and “F bomb” omitted):

In his 93-page opinion… the judge ruled that the agency’s presumption that businesses owned by Black, Latino, and other minorities are inherently disadvantaged violates the Constitution’s equal protection clause. Further, he permanently prohibited the agency’s business centers from extending services based on an applicant’s race. In one truly infuriating passage, Pittman wrote: “If courts mean what they say when they ascribe supreme importance to constitutional rights, the federal government may not flagrantly violate such rights with impunity. The MBDA has done so for years. Time’s up.” Rarely does diction in a judicial ruling trigger a Looney Toons-style reaction complete with steam coming out of my ears and my face turning red with rage but wow! That did it!

This ruling is the latest in a string of judgments that have blown up federal affirmative action programs following the precedent set by the conservative-majority Supreme Court ruled against Harvard and the University of North Carolina using race-conscious admissions last June. The conservative public interest law firm Wisconsin Institute for Law & Liberty, who represented the White plaintiffs, was naturally ecstatic about the ruling. One of the firm’s attorneys, Dan Lennington, said, while somehow keeping a straight face: “No longer can a federal agency only cater to certain races.” This man really said “cater”! About America’s relationship to minorities! I’m going to stop writing now before I have a stroke.

I’m not having a stroke, exactly, but it is clearly past time to address a profoundly important issue–does the Equal Protection Clause forbid lawmakers from trying to solve (or at least ameliorate) specific inequities?

Do government efforts to combat disease A constitute discrimination against diseases B and C? Was the (now eviscerated) Voting Rights Act unfair to the states required to get pre-clearances due to past misbehaviors, since states that hadn’t purposely prevented Black folks from voting weren’t required to get such permissions?

You can undoubtedly come up with other examples.

Do some efforts to address past inequities go too far? Absolutely. It is always appropriate to examine programs that are intended to remediate past misbehavior, to ensure that those programs aren’t themselves violating Equal Protection. There are lots of gray areas, lots of legitimate differences of opinion based upon the specifics of the program being examined.

But this opinion really does seem to be–in the words of the quoted pundit–an example of White grievance. How dare the government try to help minority businesses that have demonstrably been disadvantaged through slavery and Jim Crow? How dare the government concede the ongoing effects of years of White privilege, and try to even the playing field?

It is certainly possible that some aspects of the agency –some programs–go too far, but finding that the agency’s mission violates Equal Protection is–in my humble opinion–evidence of racism and a total lack of basic legal reasoning. (In law school, we learn that there is no right without a remedy...)

An old friend of mine–a Republican, from back in the days when “Republican” didn’t mean “member of a racist MAGA cult”–used a sports analogy to point out that government is supposed to be an umpire–not a player on the field. Umpires and referees are supposed to ensure fair play. I don’t know much about sports, but I’m pretty sure that in basketball, when a member of one team fouls a member of the other team, the one who was fouled gets a free throw or two. It’s an effort to compensate for harm done by the foul.

Judge Pittman would evidently label that free throw discriminatory …

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Then And Now

A week or so ago, my husband and I watched an American Experience episode titled  “Nazi Town”–a PBS documentary about the extent of pro-fascist opinion in the United States in the run-up to World War II.

The documentary left me both saddened and (unexpectedly) hopeful.

I  was saddened–to put it mildly– to learn of the enormous numbers of Americans who had embraced Nazi ideology. Until recently, I had assumed that the great majority of Americans actually believed in democratic government and the protection of civil liberties. I knew, of course, that a minority of my fellow-citizens harbored less comforting views, but I had no idea of the extent to which the American people endorsed truly horrific hatreds and were ready–indeed, eager–to hand the country over to a strongman who would relieve them of any responsibility for political decision-making.

In the 1930s, the nation had dozens and dozens of “Nazi camps,” where children were indoctrinated with White Nationalism. The German-American Bund enrolled hundreds of thousands of Americans who affirmed the notion that the country was created only for White Protestant Christians, and endorsed a “science” of eugenics confirming the superiority of the Aryan “race.” Racism and anti-Semitism were rampant; LGBTQ folks were so deep in the closet their existence was rarely recognized.

All in all, “Nazi Town” displayed–with scholarly documentation and lots of footage of huge crowds saluting both the American flag and the swastika –a very depressing reality.

But the context of all that ugliness also gave me hope–even in the face of the MAGA Trumpers who look so much like the Americans shown giving the “heil Hitler” salute.

I’m hopeful because we live in a society that is immensely different from that of the 20s and 30s.

During those years, the country experienced a Depression in which millions of Americans were jobless and desperate.  America was also in the throes of Jim Crow, and most White and Black Americans effectively occupied separate worlds. Thousands of people–including public officials– wore white robes and marched with the KKK. Europe’s age-old, virulent anti-Semitism had not yet “matured” into the Holocaust, and Hitler’s invasion of Poland–and knowledge of what came after–were still in the future. Few Americans were educated beyond high school.

World War II and discovery of the Holocaust ultimately ended the flirtation with fascism for most Americans, and in the years following that war, the U.S., like the rest of the world, has experienced considerable and continuing technical, social and cultural change. As a result, the world we all inhabit is dramatically different from the world that facilitated the embrace of both fascism and communism. (In fact, it is the extent of those differences that so enrages the MAGA culture warriors.)

Today, despite the contemporary gulf between the rich and the rest, America overall is prosperous. Unemployment has hit an unprecedented  low. Many more Americans are college educated. Despite the barriers that continue to face members of previously marginalized populations, people from different races and religions not only live and work together, they increasingly intermarry. Many, if not most, Americans have gay friends, and some seventy percent approve of same-sex marriage. Television, the Internet and international travel have introduced inhabitants of isolated and/or homogeneous communities to people unlike themselves.

Although there is a robust industry in Holocaust denial and other forms of racial and religious disinformation (I do not have a space laser), Americans have seen the end results of state-sponsored hatreds, and even most of those who harbor old stereotypes are reluctant to do actual harm to those they consider “other.”

The sad truth is that many more of my fellow Americans than I would have guessed are throwbacks to the millions who joined the KKK and the German-American Bund. The hopeful truth is that–even though there is a depressingly large number of them–they are in the minority, and their numbers are dwindling. ( It’s recognition of that fact, and America’s changing demography, that has made them so frantic and threatening.)

I firmly believe that real Americans reject the prejudices that led so many to embrace Nazi ideology in the 20s and 30s.

Today, most of us understand that real Americans aren’t those who share a preferred skin color or ethnicity or religion. Real Americans are those who share an allegiance to the American Idea–to the principles enumerated in the Declaration, Constitution and Bill of Rights.

In order to send that message to today’s fascists and neo-Nazis, we need to get real Americans to the polls in November.

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A Speech Worth Revisiting

It’s probably a sign of just how suspicious I am these days of quotations on the Internet, but when I saw a post on Daily Kos that purported to be a lengthy portion of a speech by Ulysses Grant, I checked with two separate academic sites to confirm its accuracy.

It turned out it was accurate–and prescient.

Grant might have been commenting on our current national woes when he spoke in Des Moines in 1875.

I do not bring into this assemblage politics, certainly not partisan politics, but it is a fair subject for soldiers in their deliberations to consider what may be necessary to secure the prize for which they battled in a republic like ours. Where the citizen is sovereign and the official the servant, where no power is exercised except by the will of the people, it is important that the sovereign — the people — should possess intelligence.

The free school is the promoter of that intelligence which is to preserve us as a free nation. If we are to have another contest in the near future of our national existence, I predict that the dividing line will not be Mason and Dixon’s, but between patriotism and intelligence on the one side, and superstition, ambition, and ignorance on the other.

Now in this centennial year of our national existence, I believe it a good time to begin the work of strengthening the foundation of the house commenced by our patriotic forefathers one hundred years ago, at Concord and Lexington. Let us all labor to add all needful guarantees for the more perfect security of free thought, free speech, and free press, pure morals, unfettered religious sentiments, and of equal rights and privileges to all men, irrespective of nationality, color, or religion.

Encourage free schools, and resolve that not one dollar of money appropriated to their support, no matter how raised, shall be appropriated to the support of any sectarian school. Resolve that the State or Nation, or both combined, shall furnish to every child growing up in the land, the means of acquiring a good common-school education, unmixed with sectarian, pagan, or atheistic tenets. Leave the matter of religion to the family altar, the church, and the private school supported entirely by private contributions. Keep the church and state forever separate. With these safeguards, I believe the battles which created the Army of the Tennessee will not have been fought in vain.

Grant eloquently addressed what I have called “civic literacy”–the need of a “sovereign people” to be both patriotic and informed. As is clear from the context of his words, Grant’s definition of “patriotic” is very different from the jingoism displayed by today’s MAGA Republicans. True patriotism requires an allegiance to the principles of America’s Constitution and Bill of Rights, an allegiance based upon a proper understanding of those documents and the philosophy that animated them.

Grant was very clearly aware that such allegiance and understanding comes from instruction “unmixed with sectarian, pagan or atheistic tenets”–that such religious precepts must be left to the family, the church and private schools “supported entirely by private contributions.”

An eon ago–in 1980–I was a Republican candidate for Congress. I even won a Republican primary.  Despite the fact that I was pro-choice and pro-gay rights, among other things, I was considered–and considered myself– to be a conservative. Then and now, I believe the proper understanding of that label includes a commitment to conserve the values that Grant enumerated in that long-ago speech.

I continue to believe that labeling today’s GOP “conservative” is a travesty that works to normalize what is a truly frightening and very unconservative approach to politics and American governance.

True conservatism requires a commitment to uphold the individual liberties protected by the Bill of Rights: freedom of speech and press, Separation of Church and State, freedom of conscience and personal autonomy, among others.

I don’t know the proper label for the MAGA fanatics who have taken over what was once my political party. Culture warriors? White Christian Nationalists? Fascists? Today’s GOP is probably a blend of all those, together with a heavy sprinkling of people who are too civically-illiterate to understand how very unconservative–and dangerous– their party has become.

Grant eloquently defended the extension of “equal rights and privileges to all men, irrespective of nationality, color, or religion.” Today’s Republicans would call him “woke,” and angrily reject him (along with Lincoln) as “anti-American.”

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They Aren’t Even Pretending

It’s an election year, and we are already–predictably–being inundated with commentaries exploring the roots of MAGA devotion to a mentally-ill would-be dictator. The punditry digs into sociology, political science research–even psychiatric diagnosis– and the result is to obfuscate and excuse what most honest Americans recognize as the roots of MAGA’s attraction: racism and a fear of  Americans who can be considered “Other.”

As the more complicated (and generous) “analyses” mount, however, so does the evidence of the bigotry and White Christian Nationalism that is powering support for Trump. There are a lot of areas of our common lives that are genuinely complex, but evidence abounds that Trumpism/MAGA is not one of them.

This blog has frequently highlighted that evidence, and today I am offering yet another example of the willingness of bigots to be “out and proud.” Increasingly, they are willing to be forthright about the world they are trying to create, and candidly, I find it terrifying.

This report from the Guardian is the latest example:

A venture fund and a real estate startup – both with links to far-right organizations – are promoting a residential development in rural Kentucky as a haven for fellow right-wingers.

The promoters have presented the planned development as an “aligned community” for right-wingers who want to “disappear from the cultural insanity of the broader country” and “spearhead the revival of the region”.

The move is the latest effort by the far-right to establish geographical enclaves, following in the footsteps of movements like the so-called “American Redoubt”, which encourages right-wingers to engage in “political migration” to areas in the interior of the Pacific north-west.

Unsurprisingly, the development was announced on X, which is being turned into a racist and anti-Semitic cesspool by Elon Musk. It was also announced  in a special edition of the “New Founding” by Joshua Abbotoy, who is described as the “managing director of venture fund New Founding and principal of real estate developer Kentucky Ridge Runner LLC.”

According to Abbotoy, “Most of the leadership is going to be led by Protestant Christians.” (Take that, Catholics!!)

The Guardian contacted Abbotoy via email, asking whether he reserved the right to refuse to sell parcels to prospective purchasers who weren’t members of the “aligned community” and on what basis. He didn’t respond.

Actually, this appeal–closely targeted to a White Protestant Christian market–is a fascinating amalgam of market capitalism and bigotry.

“Utopian communities have long been a feature of the American landscape, but this may be more of a money-driven land speculation project with a culture war angle than an effort to create a utopian project in the classic sense”, said Katherine Stewart, author of The Power Worshippers, a key book on Christian nationalism.

There are two “aligned community” developments underway, and The Guardian calculated the profits if lots sell at the asking prices: in one, the company paid around $6,011 an acre, but buyers will pay up to the equivalent of $88,500 an acre for unimproved lots, or up to fourteen times the rate HRP paid. In the other, sellers will collect a total of at least $2.27 million on 550 acres of land for which they paid $900,000.

Nice work if you can get it….

It’s hard to escape the suspicion that pious Right-wing folks are seen by these enterprising developers not as comrades in utopian “aligned communities,” but as patsies.

The website advertising the lots says the developers seek to “build and back companies defined by American ideals and a positive national vision”,  and adds that it “explicitly oppose[s] DEI/ESG and the bureaucratization of American business culture” and targets “customers disfavored by corrosive ideologies.”

The explicit rejection of “diversity” and “inclusion” telegraphs the basis for the appeal.

Financial matters aside, Stewart said the move tracked with the preferences of the contemporary far right.

“This is typical of the far-right’s emotional need for a ‘safe space’,” she wrote.

“It’s not just that some members of this extremist cohort disagree with liberals, feminists, or any number of people who don’t share their views; it’s that they really can’t stand having those people anywhere nearby,” Stewart added.

“The mere existence of people not like them counts as an insult.”

I used to believe that such people were a small percentage of the American public. Now, I’m not so sure. The good capitalists who are targeting them obviously think they comprise a substantial and thus-far untapped market.

It’s scary.

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