Check Your Progressive Privilege

Conservative women have been left out and stigmatized too long.

Progressives are constantly checking their “white privilege,” but what about ideological privilege? Particularly for women, the prevailing assumption is that you aren’t normal unless you’re a liberal Democrat. Conservative women aren’t only left out, but increasingly stigmatized.
The Guardian asked: “Half of White Women Continue to Vote Republican. What’s Wrong with Them?” The latter article asserted that “white women vote for Republicans for the same reason that white men do: because they are racist.” Barbra Streisand claimed “a lot of women vote the way their husbands vote; they don’t believe enough in their own thoughts.” Hillary Clinton, Michelle Obama and Madeleine Albright have all expressed similar sentiments in public.
.. Progressive women see their intellectual and political leaders glamorized in glossy magazine photo spreads and celebrated on daytime TV talk shows. Conservative female policy makers are invisible, if they’re lucky.
.. Progressive women enjoy the benefit of the doubt when they say insensitive or prejudiced things. Mrs. Clinton recently joked that two black men “look alike.” No conservative could get away with such a remark.
.. A truly fair and inclusive society would include positive, aspirational images of conservative and libertarian women as well as liberal ones. It wouldn’t marginalize women for their ideology or politics any more than it would exclude women based on race, age, looks or sexual orientation.Once woke to progressive privilege, we can make strides toward a fairer, more inclusive culture for all women.

George H.W. Bush, the anti-Trump

Bush was so self-effacing that he hated to use the personal pronoun — “don’t be talking about yourself,” his mother instructed him. Trump, by contrast, hardly talks about anything other than himself.

.. The marriage of convenience between Bush and the right broke apart in 1990. The president was determined to reduce the growing deficits that he had inherited from Ronald Reagan — and that had grown larger still because of the need to bail out failing savings and loan associations. With the nation headed to war in Kuwait, he wanted to put America’s finances in order. The problem was that in 1988 he had foolishly promised, “Read my lips: No new taxes.” Bush knew he would pay a price for breaking his pledge, but he was determined to do so for the good of the country.

.. The No. 2 Republican in the House, Newt Gingrich of Georgia, initially appeared supportive of a spending deal that would have limited tax increases to levies on gasoline, alcohol and other products, avoiding income tax hikes. But when it came time to announce the agreement in the Rose Garden, Gingrich stalked out.

.. Bush went back to the table, agreeing to a small increase in the top income tax rate, from 28 percent to 31 percent. (It had been 50 percent as recently as 1986.) House Republicans still rejected the deal, but this time there were enough Democratic votes to pass the compromise.

.. From a fiscal conservative’s perspective, the 1990 deal was a raging success. As Bruce Bartlett notes, “The final deal cut spending by $324 billion over five years and raised revenues by $159 billion.” It also put into place stringent rules mandating that any future tax cuts or spending increases would have to be offset by spending cuts or revenue increases. Within eight years, a $376 billion deficit had become a $113 billion surplus. Yet conservatives never forgave Bush for his apostasy.

.. Gingrich’s opposition to the budget deal — and his general disdain for bipartisan compromise — helped him in 1994 to become the first Republican speaker of the House in 40 years.

.. Bush’s tax hike was also part of the rationale for Patrick J. Buchanan’s 1992 primary challenge, which proved more damaging than anyone had expected. The syndicated columnist won enough votes in New Hampshire (37.5 percent) to embarrass the incumbent and earn a prime-time slot at the Republican convention, where he gave his fiery “culture war” speech that repulsed moderates and independents.

.. As Jeff Greenfield has noted, many of the themes Buchanan hit in 1992 were similar to Trump’s in 2016:

  • He denounced threats to U.S. sovereignty,
  • railed against globalization and multiculturalism, and
  • called for “a new patriotism, where Americans begin to put the needs of Americans first.”

.. George F. Will once remarked, after Reagan’s ascendancy, that Barry Goldwater won in 1964; “it just took 16 years to count the votes.” Likewise, Buchanan won in 1992; it just took 24 years to count the votes.

.. Jon Meacham quotes from Bush’s diary in 1988 after meeting a supporter of televangelist Pat Robertson who refused to shake his hand: “They’re scary. They’re there for spooky, extraordinary right-winged reasons. They don’t care about Party. They don’t care about anything. . . . They could be Nazis, they could be Communists, they could be whatever. . . . They will destroy this party if they’re permitted to take over.”

.. Well, now they have taken over, and it is impossible to imagine the Republican Party again nominating a man who put loyalty to country above loyalty to right-wing dogma.

More Perfect – Justice, Interrupted

The rules of oral argument at the Supreme Court are strict: when a justice speaks, the advocate has to shut up.  But a law student noticed that the rules were getting broken again and again —by men.  He and his professor set out to chart an epidemic of interruptions.  If women can’t catch a break in the boardroom or the legislature (or at the MTV VMA’s), what’s it going to take to let them speak from the bench of the highest court in the land?

 

Justice Interrupted: The Effect of Gender, Ideology and Seniority at Supreme Court Oral Arguments

Who Is Brett Kavanaugh?

Contrary to what supporters say, he’s no originalist.

But Judge Kavanaugh hasn’t earned his originalist badge. It’s being fixed to him to mask the fact that as an appeals court judge, he relentlessly pressed forward a Republican agenda favoring business and religious interests.

.. Judge Kavanaugh leaned a bit toward an originalist approach in two opinions, one in 2008, the other in 2011. But when he was asked in 2016 whether he considered himself an originalist, he didn’t answer, and in a 2017 lecture, he expressed caution. “History and tradition, liberty, and judicial restraint and deference to the legislature,” he explained, “compete for primacy of place in different areas of the Supreme Court’s jurisprudence.”

To a pure originalist, this is an incoherent mixing of methodologies. Any ruling that departs from the original meaning should be thrown out. Judge Kavanaugh has called for no such thing.

.. Instead, he has proudly said that he’s a textualist, which means that he gives primacy to the ordinary meanings of the words of a statute, or the Constitution itself. Textualists steer away from other sources of meaning, like legislative history. Conservatives have often touted textualism for its neutral deference to the legislature. Three of the court’s conservative members — Chief Justice John Roberts and Justices Samuel Alito and Neal Gorsuch — lay claim to textualism as a guiding principle.

But textualism doesn’t serve as an overarching theory for conservative jurisprudence. Textualist interpretation can produce liberal as well as conservative interpretations of statutes. And because ambiguous phrasing in laws leaves judges with choices to make, it doesn’t put much of a restraint on judges. As Judge Kavanaugh has said, quoting the liberal-moderate Justice Elena Kagan, “We are all textualists now.” This means that textualism offers neither a clear dividing line from liberals nor the historical gravitas of originalism.

.. This is clear from the conservatives’ expansive interpretation of the First Amendment’s guarantee of free speech, an approach that has no historical support from the time the First Amendment was written. Despite this, in a series of decisions, from Citizens United in 2010, which opened a faucet of campaign donations and spending, to Janus v. AFSCME in June, which diminished the clout of unions by stopping them from collecting dues from all the workers they represent, conservatives have used the First Amendment to strike down laws that regulate corporations, help unions and limit the influence of money on politics.

.. Tellingly, the court has accepted far more cases involving challenges to regulations of conservative speech than previous courts, with a win rate of 69 percent, compared with 21 percent for cases involving liberal speech. Judge Kavanaugh, too, has embraced this business-friendly interpretation of the First Amendment.

.. With five reliable members, the court’s conservative wing will be in a position to accomplish much, and for the most part it will be easier to achieve its goals without originalism.

.. Expect a reappearance, however, when it comes time to reconsider the constitutional right to abortion access established in Roe v. Wade. With that important exception, originalism has largely served its purpose and can be cast away

.. Judge Kavanaugh’s supporters call him an originalist rather than the pro-business Republican he is because of the theory’s claim that it separates law from politics. As the gap between originalism and the greater goals of conservative jurisprudence widens, however, the claim that the Supreme Court stands above the political fray, already damaged, will become harder to sustain.