Indiana’s Autocratic-And Delusional–Legislature

The most positive thing I can say about Indiana’s just-departed legislature is that at least it was a short session.

I have yet to address one of the most offensive bills passed by our legislative overlords: Senate Enrolled Act 202, which presumes to overrule accepted academic standards and procedures in the name of “intellectual diversity.” As numerous professors and other educators have pointed out, the bill is a thinly-veiled effort to combat what its proponents believe is “liberal bias” in higher education. (Unfortunately, as a popular meme proclaims, facts have a well-known liberal bias.)

The bill aims to emulate Ron DeSantis’ war against education and “wokeness”–turning Indiana into Florida, but without the water and sunshine.

Actually, as faculty and students overwhelmingly and unsuccessfully argued, in addition to having a chilling effect on free expression, the proposal is first and foremost an effort to micromanage Indiana’s higher education institutions. And that effort highlights the most prominent characteristic of our legislature’s Republican super-majority: its unbelievable hubris.

Hubris is defined as “excessive pride or self-confidence; arrogance.” It comes from the Greek, and denotes an excess of ambition and self-regard that ultimately causes the transgressor’s ruin.  It is the overwhelming trait of the Republicans who control Indiana’s Statehouse.

Do Indianapolis citizens want public transportation? Our legislative overlords will restrict the kinds of transit for which we can tax ourselves (no light rail, for reasons that escape most of us). If we are finally allowed to proceed, self-appointed mavens in the legislature will overrule transit experts on issues of implementation.

Did the City-County Council pass a tax to support special needs in the city’s mile square? The legislature will tell them who can and cannot be subjected to that tax. (Gotta protect those political donors…)

The same hubris that is evident when the legislature routinely overrules local government decisions about transit, taxes, puppy mills and plastic bags extends to the idiocy of Senate Enrolled Act 202.

As the Capital Chronicle recently described the Act: 

Included are changes to institutions’ diversity-oriented positions and their policies for tenure, contract renewals, performance reviews and more. It also establishes new reporting and survey requirements based on “free inquiry, free expression, and intellectual diversity.”

Garrison noted that, as part of Senate Enrolled Act 202, Indiana “is one of the few states” that now requires boards of trustees to establish diversity committees on our campuses.

Under the new law, those diversity committees must make recommendations promoting recruitment and retention of “underrepresented” students rather than the “minority students” specified in current law….

The law additionally requires institutions to establish complaint procedures in which school students and staff can accuse faculty members and contractors of not meeting free-expression criteria.

Institutions will have to refer those complaints to human resource professionals and supervisors “for consideration in employee reviews and tenure and promotion decisions,” according to the law.

From a legal standpoint, I would argue that language in the bill is unconstitutionally vague, but of course, that’s the point.

It is glaringly clear that the intent of the measure is to warn professors who might be advancing “liberal” ideas that they are jeopardizing their tenure. Of course, what constitutes a “liberal” classroom lecture and a lack of “intellectual diversity” is pretty subjective–and in our current political environment, subject to constant change. If a biology professor teaches evolution and fails to give equal time to creationism, has she failed to be “intellectually diverse”?  Is a professor teaching about the Supreme Court case on same-sex marriage prohibited from agreeing with its reasoning?

And about that encouraging of complaints….

When I taught, it was abundantly clear that most students who filed complaints against my colleagues were students who got poor grades. (I didn’t get any official complaints, but one student did sue me in Small Claims court for giving him a B-, a grade that was actually a gift. He lost.)

There is much more that is truly horrible about Senate Enrolled Act 202, but what is even more troubling than its content is that its passage represents the majority’s hubris and lack of self-awareness. Someone needs to tell these self-important examples of the Dunning-Kruger effect that election to the Indiana Statehouse (courtesy of gerrymandering) is not a grant of  authority to rule everything in Indiana.

At some level, Indiana lawmakers must recognize that they’re on thin ice–why else would they adamantly refuse to extend the hours our polls are open, or allow citizen referenda or nonpartisan redistricting?

Until Indiana’s weak, ineffective Democratic Party is able to run credible candidates in every one of Indiana’s gerrymandered districts, Hoosiers will continue to inhabit an autocracy governed by culture-war know-nothings with wildly inflated self-images.

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They Really ARE Crazy

Between the Indiana legislature and the lunatic caucus in Congress, I’m increasingly reluctant to read the news these days. I scan the headlines and I force myself to read the articles I really need to see, but the process gets more difficult every day.

The Indiana legislature is ignoring most of the actual work they are elected to do, in favor of protecting gun manufacturers (they’re on the way to passing a measure that would void Gary’s lawsuit against those companies) and ignoring child safety (they deep-sixed measures that would have required parents to store weapons safely); they’re doubling down on their war against Indianapolis (they’re halfway to revoking a measure passed just last year that allowed the Ciity-County Council to tax our downtown, because the Council had the nerve to actually do so, and it’s in the process of substituting the “wisdom” of our legislative overlords for the desires of the 70 percent of Indianapolis residents who voted for public transit.)

And just for good measure, the legislature has reminded citizens that the prejudices and ignorance of the self-satisfied super-majority are more important than whatever Hoosier voters might prefer: among other things, it refused to extend Indiana’s shortest-in-the-nation voting day, and refused to approve a non-binding ballot measure asking voters if we might want the ability to mount initiatives–a right voters in other states enjoy. Don’t want anything disturbing their gerrymandered power!

And then there’s Congress, which is in thrall to the most ignorant and dangerous fringe of the ignorant and dangerous cult that used to be a political party.

The House looks increasingly likely to reject a hard-won bipartisan immigration agreement negotiated in the Senate– even before they know what is in it, and even though it reportedly gives the GOP measures they have long claimed to want–because Republicans want to run for re-election on the issue. Desperately needed aid to Ukraine is contingent on passage of that agreement.

American politicians used to take pride in the fact that partisanship stopped at the water’s edge–that foreign policy was approached in a nation over party manner. If Russia wins its war of aggression against Ukraine, the balance of power in the world will shift, and not in our favor–and Republicans don’t care.

With Ukraine in the balance, with the world  dangerously close to widening war in the Middle East, what are Indiana’s GOP Congressmen doing? Well, Jim Banks has moved forcefully into the breach–he’s demanding that the City of Carmel terminate its sister city relationship with Xiangyang, China. Showing his foreign policy chops!!

Banks has long been a member of what the New York Times calls the “wrecking ball” Congress, echoing the nutty conspiracy theories and endorsing the White Christian Nationalism of the fringe of  the fringe. And that lunatic fringe just gets crazier by the day.

If you think calling the Right crazy is unfair, allow me to share one news item making the rounds: Taylor Swift is an operative of the deep state.

As Philip Bump writes,

There are lots of manifestations of this, including multiple presentations on the right’s preferred cable news channel. The iteration that attracted perhaps the most attention, though, came from former presidential candidate and Donald Trump cheerleader Vivek Ramaswamy (speaking of people who suddenly emerged in the public consciousness to polarizing effect).

In a social media post, a prominent right-wing conspiracy theorist linked Swift to … let’s see here … ah yes, George Soros. In response, Ramaswamy offered a prediction.
“I wonder who’s going to win the Super Bowl next month,” he wrote. “And I wonder if there’s a major presidential endorsement coming from an artificially culturally propped-up couple this fall. Just some wild speculation over here, let’s see how it ages over the next 8 months.”

The implication (again: forgive my telling you something obvious) is that the Chiefs are being ushered to the Super Bowl … somehow … to secure Swift’s endorsement for President Biden….

How would this work? Did the Baltimore Ravens take a dive? Did someone pay them? Are they just that committed to Democratic politics that they all agreed to lose? Did the Buffalo Bills before them? And the Miami Dolphins before the Bills? Or does the government have some Havana-Syndrome-esque device that it trains on opponents, causing field goals to go wide right? What’s the mechanism, exactly?

There will be a lot of important things decided by November’s ballots, including the future of reproductive rights and American democracy. It appears we will also decide between sanity and lunacy–between reality and a world in which terminating a sister city relationship is the conduct of foreign policy and Taylor Swift is an election psyop.

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Listen To My Friend Morton…

As regular readers of this blog know, Morton Marcus (who comments here from time to time) is a longtime friend with whom I co-authored a recent book on women’s rights, “From Property to Partner.”

Morton also writes a statewide newspaper column, primarily focused on data about Indiana, and occasionally comparing the actual activities of our dreadful legislature with his opinions about what that body ought to be doing. A recent column was so on target, I decided to share those recommendations. (Not that our supermajority Republican legislative overlords will pay the slightest bit of attention–they’re too busy micromanaging local government, destroying public education, pandering to the gun lobby, and imposing “Christian” behavioral restrictions on Hoosiers.)

The day before yesterday, you got Gulley, today you get Marcus.

The first of Morton’s recommendations was focused on legislative operations, which is sort of “inside baseball,” but important. He advocates releasing legislators to “act without the discipline of the Caucus. Let’s make the bold assumption that our 150 elected legislators are grownups. They can make their own decisions without the dictates of a repressive party leadership fully inebriated on the power of a super-majority of automatons.”

That will happen when pigs fly–or when we elect actual grownups.

Morton’s second recommendation–passage of independent redistricting– hits at the very center of Indiana’s continuing dysfunctions. Getting rid of gerrymandering would allow voters to choose their representatives; now, as sentient Hoosiers know, those representatives choose their voters. Gerrymandering is an absolutely wonderful mechanism for vote suppression–if your vote isn’t going to count, why cast it?

Morton also points out that an independent redistricting process would “likely rationalize districts such that two adjacent House districts would constitute one Senate district. No House districts would be divided.” As he notes, “Currently the Senate and the House district maps are independent of each other. It affords chaos and cover for the ambitions of individuals who seek lifetime membership in the General Assembly.”

His third recommendation hits on something else I’ve long advocated (there’s a reason we’ve been friends so long; we have similar, albeit not always congruent, views on the issues). He advocates adoption of the Maine Electoral College allocation rules.

Now the winner of the popular vote in Indiana gets all of the electoral votes in a presidential election. Under the system used in Maine, a notoriously left-wing coastal state, the winner of the statewide popular vote gets two electoral votes. The winner of each congressional district gets the one electoral vote of that district. No Constitutional amendment is needed for this move toward a more equitable system.

In 2020, instead of all 11 Indiana electoral votes going to the Repulsive candidate, that person would have received nine electoral votes and two such votes would have gone to the party that is Bidin’ its time.

(My apologies to those unfamiliar with the Gershwin songbook and who know only Taylor Swift lyrics.)

Morton also wants legislative study committees that would consider legislation reducing the number of townships in each county, and the number of counties in the states. (There are 92 counties in Indiana, in case you are wondering; California–somewhat larger– has 58).

 Why should Warren, Fountain, Parke and Vermillion not be joined into one or two counties? Perhaps Jasper and Newton counties should be returned to their former singularity. Let’s not neglect Blackford with Jay, Ohio with Dearborn or Switzerland.

I would miss the detailed data on each separate area, but my fetish is not the concern of the state. Likewise, cost cutting should not be the dominant objective, but rather improving service to citizens in line with the structure of society in the 21st century rather than the 19th century.

This last recommendation recalls that of the bipartisan Kernan-Shepard Commission, convened by then-Governor Mitch Daniels, that examined the operations of Indiana government and recommended merging or otherwise eliminating a number of the 1008 townships that each pay township boards and trustees and the expenses of trustee offices–artifacts of a time when reaching the county seat via horseback took half a day. As I wrote back in 2011, the Commission had the temerity to suggest that–in the age of the internet and the absence of virtually all of the other tasks with which those townships had originally been tasked– we should rethink them…

As members of that Commission discovered–and as Morton, a longtime Hoosier, clearly knows–Indiana legislators don’t “re-think.” Most of the time, they don’t really think in the first place.

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Another Day, Another Voucher Study…

Okay–I know it’s just one more time beating that horse (an animal quite probably dead by now…), but I can’t resist. Brookings has just issued yet another study confirming the educational downsides of voucher programs.

The study was prompted by the recent expansion of voucher programs and “education savings accounts,” (ESAs) which are functionally the same thing–the use of public money to allow parents to send their children to private schools. That expansion has occurred primarily in states that voted for Trump in 2020, which should be a clue that these programs are based on ideology; their proponents simply ignore that pesky inconvenient thing called evidence.

(The Brookings report has multiple links to the previous academic research on each of the following points; I’m not including them, but if you click through, you will be able to easily access them.)

This study confirms a number of the findings of previous research: for example,  that after expansion of a voucher program or implementation of an ESA, pop-up schools immediately appear, many of which will close rather quickly, and that existing private schools raise their tuition.

The study notes that a decade of research has confirmed that vouchers reduce student academic achievement. Brookings cites studies from Louisiana and Indiana, among others, that found quite substantial declines in student test scores. (Indiana’s pathetic legislature simply ignored the fact that Indiana’s voucher program had demonstrably failed to perform as promised. In its recent session, the legislature made the program available to virtually  all of Indiana’s schoolchildren, and is now promoting it heavily.)

Perhaps because the reality fails to match the rhetoric, exit rates from the private schools accepting vouchers are high; in Indiana, as in several other states, some 20% of students who use a voucher to enroll in a private school depart every year–and interestingly, their return to public schooling improves their academic performance.

The research also notes the high percentage of private schools that are religious, but fails to make a point that I consider pivotal: when students leave public educational institutions where–despite residential segregation–they are more likely to interact with children whose races, cultures and religions differ from their own than in the more racially and religiously segregated voucher schools, their “tribal” identities are strengthened. That lack of diversity not only hampers their later interactions in a diverse society, it fosters precisely the sorts of polarization that bedevil contemporary society.

A problem that was highlighted in the research was the lack of accountability of these private schools, both educational and fiscal. In Arizona, “educational” costs that have been reimbursed under their program have been, shall we say, questionable, and  in North Carolina, schools have claimed payment for more vouchers than students actually used. (While this study didn’t mention the problem, others have noted that a lack of public reporting requirements  makes it very difficult for parents to determine how well a given private school is really performing. Too often, they end up making a choice based upon surface impressions–or more frequently, PR and marketing.)

As the study concludes, recent expansions of these programs will test prior findings–one of which, interestingly, is that “the larger the program, the worse the results.”

What is so discouraging about the persistent Red state expansions of these voucher programs is that these legislatures utterly ignore credible research, and–rather than applying those millions of tax dollars to the improvement of public education–throw millions of dollars into programs that demonstrably do not improve academic outcomes.

When voucher programs were first introduced, they were promoted as a way to allow poor children to leave failing urban schools. Recent program expansions have given the lie to that original argument; virtually every child in Indiana (and elsewhere) now qualifies to use public money to attend private schools–very much including children who had never attended a public school, and whose parents had previously been paying private school tuition.

Perhaps some of the proponents of vouchers remain unaware of the mountains of evidence and truly believe the hype. But given the other research I’ve cited about the segregating effects of educational “choice,” you’ll forgive me if I am cynical.

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Quality Of Life

In a post a few days ago, I considered the GOP’s current definition of “crime”–noting that, to Republicans,  breaking federal rules is no longer criminal, and locally, “crime” only happens in Blue cities and states.

It’s another example of the widening perceptual gap between urban and rural Americans. City folks are increasingly Democratic; rural inhabitants increasingly Republican/MAGA.

Ideally, the decision where to live wouldn’t be viewed as political. Some people like owning tracts of land and being close to nature; others (like your truly) appreciate the energy generated by density and diversity. It is–or should be– simply a matter of individual preference.

Of course, it’s never that simple. Public policies matter.

There are measurable reasons that some places in America attract people, while others are emptying out. (Ironically, Red state culture war policies inflict the most damage on rural areas where residents are most supportive of those policies– anti-abortion laws have accelerated the departure of all doctors, not just ob-gyn practitioners, and educational vouchers hurt public schools in rural areas where thin population cannot support private alternatives).

For those who have a choice, the decision where to live often depends upon the perceived “quality of life,” an assessment of the amenities that make a city or state attractive to a majority of potential businesses and individuals.

Michael Hicks recently shared what the data tells us about that question.

Hicks began by noting that most of Indiana (and the Midwest generally)  is in economic decline. Projections are that more than 50 Hoosier counties will experience a declining population through 2060.

A dozen counties will be projected to grow faster than the nation through 2060. The remaining 30 or so will be projected to grow more slowly than the national rate—a pattern known as relative decline. Indiana and the Midwest will still be prosperous, in a global sense. But, relative to most of the nation, the coming decades will see us slipping farther away from the nation.

Research has identified the characteristics of places that do continue to attract residents.

Growing places almost always have most of the same positive attributes. Their schools are good and attractive to families, they are safe, their residents are better educated than average, and they have growing housing stock with good public infrastructure. Growing places enjoy recreational options, both private and public. And, there are few barriers to employment or starting a business, such as restrictive occupational licensing or heavy regulatory burdens

Research tells us that–duh!– when people aren’t moving to an area, it’s because they don’t wish to live there.

The primary reason people don’t wish to live in a place is that it doesn’t have the neighborhoods they want. The reasons for not moving to a place are as varied as human interests. But, for the median family, the common factors are that schools aren’t sufficiently good, crime is too high or infrastructure is too decayed.

That research also tells us that policymankers’ preferred emphasis on “economic development”–luring businesses–is misplaced. As Hicks notes,

No matter how successful a community is at luring new factories and warehouses, unless you can attract their highly paid workers to your town, it will have no lasting effect. If your business attraction efforts make your community less desirable for people, it will actually weaken your local economy. It is a costly business with inherent risks.

In the post-COVID world, people are increasingly mobile, making business attraction less important. Here there is some new policies. Some places are trying to attract remote workers through financial incentives. It is possible someone will figure out a magic incentive. However, the evidence I’ve seen suggests that fundamental conditions such as good schools, safe neighborhoods and recreational opportunities trump financial incentives every time.

Hicks stresses the importance of local government. I absolutely agree–in theory. Unfortunately, in Indiana, municipal governments are severely constrained by our retrograde state legislature.

In Indiana, cities and towns don’t have anything remotely like home rule: It took three legislative sessions to get permission to vote on a local tax to fund adequate transit. When Bloomington tried to ban plastic grocery bags, the legislature passed a bill divesting local governments of authority to do so. Education policies are dictated by a General Assembly determined to privatize public education. For years, dollars for street repair have been doled out based on “lane miles,” irrespective of the difference in traffic counts/wear and tear–a lane on a little-used county road gets funded the same as a lane on a traffic-choked Indianapolis thoroughfare. And efforts to address the number of guns on city streets run headlong into the resistance of “Second Amendment” fanatics in the Statehouse.

Those few among our legislative overlords who understand what Hicks is saying don’t care.

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