Speaking Of Punitive…

One of the cases the Supreme Court will decide this term is a lawsuit brought by Republican Attorneys General opposed to cancellation of a portion of student loan debt. Evidently, Indiana isn’t the only Red state with a despicable and arguably dishonest Attorney General, as a Brookings Institution study documents.

The AGs aren’t the only opponents of giving students some fiscal breathing room –the House of Representatives recently voted to repeal the program. But as Brookings  researchers write in the linked New York Times essay, the lawsuit  brought by six Republican-led states has received inadequate scrutiny.

So we decided to do the fact-checking ourselves. We filed public records requests and reviewed almost a thousand pages of internal financial documents, emails and other communications from the parties in the case, as well as court filings and the transcript of oral arguments at the Supreme Court in February.

We found that the states’ most fundamental justification for bringing the case — that canceling student loans could leave a Missouri-based loan authority unable to meet its financial obligations to the state — is false. As our research shows, and the loan authority’s own documents confirm, even with the new policy in place, its revenues from servicing loans will increase.

That this claim is manufactured–that it is a lie– is important.

Unlike legal systems that permit advisory opinions, in America, if there’s no injury, there’s no right to sue. The legal term is standing, and according to Brookings, the plaintiffs don’t have it. They simply said they did. (With our current Court–a Court that demonstrably privileges litigants with status and power –that may be enough.)

As the researchers note,

The ease with which the state attorneys general were able to make claims that contradict basic facts, void of any rigorous stress testing, is all the more striking when compared with the endless hoops that ordinary people have to jump through to prove their eligibility for financial aid or debt relief. This is what the sociologist Howard Becker calls the “hierarchy of credibility”: Those at the top of the social hierarchy don’t have to prove their claims; they’re just taken for granted. But claims made by those on the bottom are burdened by skepticism and demands for proof. In this instance, that difference may deprive millions of people of much-needed relief….

Compare that with the lengths that normal people must go to in order to prove they are eligible for debt relief. They have to submit mountains of documentation. Their claims are often denied for the most trivial of technicalities — a form filled out with green ink instead of black or blue, an electronic signature instead of an inked one.

Applicants for the older Public Service Loan Forgiveness program have to get paperwork signed from employers they had a decade ago. If a loan servicer transfers the account, the borrower may lose her payment history, and therefore her eligibility for relief. People who attended predatory for-profit colleges have had to submit extensive applications for relief, documenting their schools’ false allegations and misrepresentations. Even the Biden plan required an application.

The linked essay goes into detail, thoroughly debunking the damage claims that support plaintiffs’ standing, and I encourage you to click through and read that analysis. But I want to focus on a different–albeit related–question: what policy position does this dishonesty serve?

To put it another way, why are so many Americans–mostly but not exclusively Republicans–so opposed to relieving student debt?

In the final paragraph of the linked essay, the researchers write that an affirmation of the plaintiff’s claim would

effectively be confirming a fake plaintiff, false facts and an unjust claim. Falsehoods about falsehoods would be a hard way to lose the debt relief the president promised to 43 million Americans and their families. And a Supreme Court that doesn’t scrutinize basic facts would be a further disgrace for a body already plagued by scandal.

I’ve previously noted how punitive today’s GOP has become. Here in Indiana, we’ve seen our Attorney General wage a petty vendetta against a doctor who legally aborted a ten-year-old rape victim. We’ve seen legislators go out of their way to harm trans children and dismiss the very notion that women are entitled to bodily autonomy and effective health care.

Nationally, we’ve witnessed GOP efforts to punish the poorest Americans by curtailing social welfare programs (while protecting the rich against attempts to audit them or–gasp!–make them pay their fair share.)

American lawmakers used to argue about the “how”–what’s the most effective way to help this or that population, or solve this or that problem? But “how” has given way to “why”–why would we want to help the less fortunate?

When did the cruelty become the point?

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Women Will Save America

The “chattering classes” are still churning out their reactions to the mysterious non-appearance of a Red wave in the midterms, and several of those analyses echo that of conservative-but-not-crazy Bret Stephens. In his weekly back and forth with liberal Gail Collins in the New York Times, Stephens summed up Democrats’ surprising performance by concluding that– however American voters might feel about inflation or crime or the overall direction of the country — they weren’t ready to give up reproductive rights, endorse election denialism or cast ballots for “Republican candidates who have the intelligence of turnips and the personalities of tapeworms.”

A politically-savvy friend says voters had crazy fatigue…

Whatever else was in play, the enormous importance of reproductive rights to those election results has become increasingly obvious. All five states with abortion measures on the ballot voted for women’s bodily autonomy, including deep-Red Kentucky. More importantly, in virtually every state, turnout by women–many of whom had only recently registered to vote–increased.

That increase was consistent with longer-term trends; as The Center for American Women and Politics reports

Women have registered and voted at higher rates than men in every presidential election since 1980, with the turnout gap between women and men growing slightly larger with each successive presidential election. Women, who constitute more than half the population, have cast almost 10 million more votes than men in recent elections.

Once again, more women voted, and the message they sent was unmistakable: women are not going backward, not handing their reproductive choices to state legislators.

In a VoteCast exit survey, pro-choice voters (those who said abortion should be legal in all or most cases) were far more likely than pro-life voters (those who said abortion should be illegal in all or most cases) to say that the Dobbs decision had a “major impact” on which candidates they voted for. The partisan gap was more than 30 points– 65 percent of Democrats said Dobbs was a major factor, compared to 32 percent of Republicans.

It isn’t just through voting.  Women are protecting America in other forums, too.  A recent column by Jennifer Rubin detailed the current status of the investigation into Trump’s efforts to steal the 2020 election being conducted by Fulton County District Attorney Fani Willis. 

A voluminous new report from the Brookings Institution provides a legal road map for the potential prosecution of Trump. The report debunks defenses that Trump will likely deploy and underscores the real possibility that his closest associates might flip in the case, given how many might face criminal liability.

The Brookings Report to which she cites enumerates the multiple efforts made by Trump and his associates to subvert the election results in Georgia, and concludes that those efforts violated several relevant criminal statutes, including: 1) solicitation to commit election fraud, Ga. Code Ann. § 21-2-604(a); 2) intentional interference with performance of election duties, Ga. Code Ann. § 21-2-597; 3) interference with primaries and elections, Ga. Code Ann. § 21-2-566; and 4) conspiracy to commit election fraud, Ga. Code Ann. § 21-2-603.

Meanwhile, in New York, another female Attorney General, Letitia James, has sued the Trump organization for fraud.

That lawsuit is currently being tried, but James already won an important interim victory: a New York court granted James’ motion for a preliminary injunction, finding that the claims in her lawsuit are likely to succeed at trial. The Court ruled that Trump and the Trump Organization “cannot transfer any material assets to another entity without court approval, are required to include all supporting and relevant material in any new financial disclosures to banks and insurers, and ordered to appoint an independent monitor to oversee compliance with these measures.”

Going into the midterms, there was considerable debate about whether American democracy would prove robust enough to withstand the obvious and significant challenges it is facing from White Christian Nationalists and MAGA Republicans. Democratic governance requires adherence to one of the most important elements of the rule of law: the principle that no one is above the law–not rich people, not celebrities, not elected officials, and not Presidents.

That essential principle–accountability– is one of the (multiple) aspects of American governance that Donald Trump and his corrupt cohorts utterly fail to understand. If there is any one thing Donald Trump clearly believes, it is that rules are for other people–that the rules don’t apply to him.

Thus far, one of the very few Republicans who has had the cojones to tell him otherwise–forcefully and publicly– has been another female: Liz Cheney. 

As Rubin noted in her column, it takes courageous women to do “what hordes of sniveling Republican politicians, donors and insiders cannot: hold Trump accountable.”

Don’t mess with us….

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Another Embarrassing Indiana AG

Indiana has a habit of elevating legal embarrassments to the position of Attorney General. I still remember pompous Theodore Sendak, who made people call him “General.” Sendak led the fight against revamping Indiana’s archaic criminal code, arguing that modernization would “just make defense attorneys rich,” and he was a major proponent of capital punishment.

Curtis Hill, our outgoing AG, was initially known for his Elvis impersonations and more recently for groping female legislators and staffers. When he did take legal positions, they were equally embarrassing: the sorts of anti-choice, anti-gay, last century arguments we’ve come to expect from Republican officeholders playing to the GOP’s base “base.”

Todd Rokita, who will assume the office in January, is arguably even worse. There has never been a Republican derriere Rokita wouldn’t kiss in his ongoing efforts to feed at the public trough.

As Secretary of State, Rokita helped to write the nation’s first Voter ID bill–despite the fact that, like the rest of the country, Indiana had never experienced a problem with in-person voter fraud. (In Rokita’s worldview, we do have a problem with “urban” people actually being allowed to vote…)

More recently, he enthused over Texas’ bonkers lawsuit, insisting that measures in other states making it easier to vote during the pandemic somehow diluted the votes of Indiana citizens. (Presumably, he sees no problem with the state’s “winner take all” allocations of Electoral Votes, which totally erase Democratic ballots cast in the state..)

What else has Rokita opposed or supported? Let us count the ways:

  • He has compared African Americans who vote Democratic to slaves., and ran an ad against Colin Kaepernick that was widely considered racist.

  • He has opposed allowing migrant children to be placed in American homes, claiming they carried Ebola.

  • He’s certainly no friend to women: he opposes abortion even in cases of rape, incest or to save the life of the mother, and NUVO has reported that Rokita does not support equal wages for equal work for women.

  • He doesn’t believe in climate change, and he doesn’t believe that immigration reform should include a path to citizenship.

There’s much more. When he was in Congress, ten former staffers accused him of maintaining a “toxic work environment,” abusing staff members and insisting that they perform menial tasks like cleaning his car and emptying his trash.

The Chicago Tribune accused Rokita of violating ethics laws during his tenure as Secretary of State. And for truly bizarre positions, it’s hard to beat his insistence that the FAA should be privatized (because, he asserted, the federal government cannot do anything as well as private-sector businesses), and his opposition to rules requiring pilots to get periodic medical exams. (He said he trusted the pilots to decide whether they were medically-fit to fly.)

In Congress, Rokita authored a bill that would have reduced the availability of subsidized lunches for public school students. But he sure supported “feeding” students his brand of “Americanism.” According to the Chicago Tribune,

A Jasper County teacher asked Rokita to leave his high school civics class in November 2016 after a talk that was supposed to be about the Constitution got off on the wrong foot, according to two students. Rokita had asked the class if they were taught about ‘American Exceptionalism.’ But when a number of students seemed puzzled by the concept, he had a testy exchange with their teacher, Paul Norwine, whom he criticized for not including it in the curriculum, the students said. Tensions eased and the talk proceeded, but the class was dumbfounded, the students said. ‘Mr. Rokita got very angry and said, ‘You have an American congressman in your class, what are you doing?’ said Marcus Kidwell, 19, a Donald Trump supporter who was a senior at the time. ’He seems like a pretty hot-headed guy. That disappointed me because he’s a Republican and I was pretty excited to meet him.’” 

Sources for the foregoing–and much more–are at the link. The organization, Restore Public  Trust, says his past behaviors disqualify Rokita for public office.

But not in Indiana, a state that is getting steadily closer to its goal of displacing Mississippi as the laughingstock of states.

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