This may be the most important article you read today. The Republicans have made it a practice to promote culture-war issues in order to obscure their real goals: cutting or eliminating entitlement programs, including Social Security, Medicare and Obamacare. Because the entitlement programs are wildly popular, the GOP can’t admit publicly that they oppose them. So the GOP elevates issues that they oppose like “woke,” critical race theory, diversity-equity-inclusion, drag queens, and gay marriage. Forget the smokescreen and see what their real agenda is.

Thom Hartmann writes.

Democratic President Franklin D. Roosevelt pushed Social Security through Congress, signing it into law on August 14th 1935, and Republicans opposed it then and have hated it ever since.

Next week, they’re planning to do something about it with a House hearing designed to set up a closed-door commission to “reform” the program. They figure when government funding runs out in January they’ll be able use the fiscal crisis they intend to create to force Democrats to go along with what the Biden administration calls a “Death Panel for Medicare and Social Security.”

There is an incredibly long history here.

Back in 1935 during the debate on Social Security, New York Republican Congressman James Wadsworth rose to warn America that the program to end poverty among the elderly was an effort by Roosevelt to establish a dictatorship in America. It would be, he said:

“[A] power so vast, so powerful as to threaten the integrity of our institutions and to pull the pillars of the temple down upon the heads of our descendants.”

Echoing Wadsworth, fellow New Yorker Republican Daniel Reed, imagining himself a modern-day Paul Revere, declared, “The lash of the dictator will [soon] be felt!”

The next year was a presidential election, and the 1936 Republican presidential candidate, Alf Landon, campaigned on ending Social Security’s “cruel hoax” and “fraud on the working man”; four years later, the GOP’s 1940 presidential candidate, Wendell Willkie, promised Americans that “you will never collect a dollar of your Social Security.”

It hasn’t quite worked out that way: Social Security has never missed a payment, never bounced a check, and pretty much ended the widespread deaths by poverty-associated hunger and freezing to death in the winter that were widespread among the elderly before its adoption.

Nonetheless, Republicans still hate the program. As do the fat-cat bankers who fund them and think those trillions in the Social Security Trust Fund should be in their money bins where they can skim a few billion a month off in administrative fees for themselves and the politicians they own.

Over the past two decades, Republicans in Congress have done everything they can to sour Americans on Social Security, mostly by repeatedly gutting funding for its administration every time they have control of the budget process.

The GOP’s plan has been to so overburden workers at the Social Security Administration that it takes absurd amounts of time and effort for people turning 65 to sign up, or for seniors on Social Security to find anybody to talk with about problems with or confusion about their claims.

In this, they’ve been spectacularly successful, forcing cut after cut into must-pass budget bills under the threat of government shutdowns.

As the economists at the Center for Budget and Policy Priorities (CBPP) note:

“Congress has cut SSA’s core operating budget by 17 percent since 2010, after adjusting for inflation. These cuts hurt SSA’s service to the public in every state. The agency has been forced to shutter field offices and shrink its staff, leading to longer waits for service and growing backlogs. While the overall effect is a decline in service nationwide, the effects of the cuts vary considerably by state.

“SSA’s staff shrank by 15 percent nationwide between 2010 and 2021, so there are fewer people to take appointments, answer phones, and process applications for Social Security’s vital retirement, survivors, and disability benefits.

“As a result, workers and beneficiaries must wait longer to be served. Four states — Alaska, Iowa, Virginia, and West Virginia — and Puerto Rico have each lost more than 25 percent of their staff since 2010. …

“DDS (disability) staff shrank by 16 percent nationwide between 2010 and 2021. Eight states — Georgia, Illinois, Kansas, Montana, South Carolina, Tennessee, Texas, and West Virginia — each lost over 30 percent of their DDS staff.”

Congressional Republicans’ hope, of course, is to make the administration of Social Security so clunky that frustrated Americans will go along with turning the program over to the giant banks who own the Republican Party (and more than a few Democrats).

And now House Speaker MAGA Mike Johnson is keeping his promise to his banking industry donors, making one of his first orders of business to push forward the further immiseration — and ultimate privatization — of Social Security.

He’s not the first.

When Ronald Reagan had a chance, he jumped at the opportunity to avoid political heat by passing the buck to a 1981 commission headed up by Libertarian/Republican Alan Greenspan (a former member of Ayn Rand’s cult, who brought a dollar-shaped floral wreath to her funeral).

To “save” Social Security and avoid lifting the cap on Social Security taxes (today set at $160,200: if you make more than that, you and every millionaire and billionaire in America don’t pay an additional penny to support Social Security), Reagan’s commission made benefits taxable for the first time, nearly doubled the Social Security part of the FICA tax rate working-class people paid, and raised the retirement/eligibility age from 65 to 67.

That, though, wasn’t nearly enough for Republicans who still consider Social Security “tyranny,” “socialism,” “fraud,” a “Ponzi scheme,” and a “hoax.”

— Senator Rick Scott, before being called out by President Biden, pushed a plan to require the very existence of the entire Social Security program to be reauthorized by Congress every 5 years or it would automatically expire.

— Senator Ron Johnson demanded it become part of annual budget negotiations that could be held hostage to the debt ceiling.

— Lindsey Graham called “entitlement reform” a “must” and the largest caucus in the GOP, the Republican Study Committee, published a proposal that would turn Social Security into a welfare program as an initial step toward full privatization.

— Florida Republican Senator Marco Rubio has called for raising the retirement age even higher than Reagan’s 67, and Senator Mike Lee called for a total “phase out” of Social Security.

— Florida Republican Congressman Mike Waltz told Fox Business, “If we really want to talk about the debt and spending, it’s the entitlements programs.”

— Senators John Thune and Mitt Romney have floated similar proposals. The list could go on for pages, particularly if we go back through previous decades.

And it’s not just Republicans in Congress who have worked for years to destroy Social Security: so have GOP presidents.

In 2005, after winning reelection based on his 2003 “wartime president” scheme to lie America into attacking Iraq and Afghanistan, George W. Bush (who campaigned for Congress in 1978 on turning Social Security over to the big banks like the one his grandfather ran) began a tour of America touting full privatization of Social Security.

“I earned capital in this campaign,” he said, “political capital, and now I intend to spend it [on privatizing Social Security].”

In that, he was simply trying to fulfill his campaign promise that banks, instead of the government, should administer “private” Social Security accounts for seniors. As he said in his 2004 State of the Union address:

“Younger workers should have the opportunity to build a nest egg by saving part of their Social Security taxes in a personal retirement account. We should make the Social Security system a source of ownership for the American people.”

Back in 2010, President Obama established a bipartisan commission by executive order to look at ways to reduce the national debt, but Republicans on the commission demanded it focus instead on cutting Social Security (which has nothing to do with the nation’s debt, as SS is self-funding).

Because of the GOP’s obsession with using the commission as an opportunity to try to cut the program, Democrats began calling it the “Catfood Commission”: the GOPs’ proposed cuts in benefits would force seniors to eat cheap cat food to survive. The commission died an ignominious death.

Now Speaker MAGA Mike Johnson wants to revive the Catfood Commission, only this time behind closed doors where the capitol police can keep out those pesky members of the press and the public.

Its first meeting will be tomorrow, headed up by Republican Budget Committee Chair Jodey Arrington. (The announcement is here.)

Social Security Works Executive Director Alex Lawson asked Representative Arrington if Republicans were planning to cut benefits to seniors with their proposed commission and, as Lawson noted in a viral Twitter video, Arrington:

“REFUSES to tax the ultra-wealthy to protect Social Security. Instead, he plans to create a death panel to cut Social Security behind closed doors.”

Republicans now think they have the wind at their backs in this effort, which banks have poured hundreds of millions of lobbying and campaign contribution dollars into over the years.

Fully 10,000 people become eligible for Social Security every day, and these new retirees are increasingly frustrated with the time delays at the Social Security Administration (SSA) and the difficulty even reaching a real person to speak with.

This, of course, is the intended outcome of more than a decade of GOP cuts to the program’s administrative staff.

As CPBB notes:

“SSA lost roughly 11,000 employees between 2010 and 2021 and expects to lose another 4,500 front-line employees this year. State DDSs lost roughly 2,500 employees between 2010 and 2021 and attrition over the past year is over 25 percent. Inevitably, understaffing means that beneficiaries must wait longer to be served.

“The average processing time for an initial disability claim had held fairly steady in recent years at three to four months, but has been rising and reached over six months in April 2022. One million applicants awaited a decision on their disability benefit applications as of April 1, 2022.”

Tomorrow’s hearing will be behind closed doors, and, if mainstream media’s historic reluctance to highlight the GOP’s hatred of Social Security is any indication, it’s unlikely it’ll even be covered by the press in any significant way.

But keep an eye on this and tell everyone you know about it. Social Security Works is leading the charge to notify the public, noting that over 100 national organizations have already spoken out against this latest Republican attack on the program.

Both the MAGA faction and the old-line “conservative” corporate shill members of the GOP are dead serious about killing off this vital and important part of FDR’s legacy: it’s going to take grassroots outrage to stop them.

Forget the culture wars: They are a distraction. A vote for a Republican is a vote to eliminate Social Security.

The Network for Public Education is the largest organization of volunteers and a tiny staff working every day to stop privatization of our public schools. The following is a message from our executive director, Carol Burris. Unlike the billionaire-funded advocacy groups for charters and vouchers, we need you! Contributions of any size are welcome!

What keeps NPE going are donors like you–friends of public education who are willing to make a one-time or monthly donation to invest in the continuance of our public schools.

We operate on a shoestring. But our reports, action alerts, advocacy, conferences, and webinars with Diane put us at the forefront of saving public education. Behind the scenes in fighting vouchers in Texas or making the case for Charter School Programs reform, NPE is the organization with a tiny budget but a mighty voice.

So please give to NPE this holiday season. You can make an online donation here, or, if you prefer to send a check, our address is:

The Network for Public Education, PO BOX 227, New York City, NY 10156.

John Thompson, historian and retired history teacher, analyzes the use and misuse of Oklahoma’s school report cards.

He writes:

As usual, the 2023 Oklahoma school Report Card prompted headlines about “struggling” students. But counter-intuitively, State Superintendent Ryan Walters stressed the declines during his time in office!?!?

Two tales of the Report Card are being told. As the Tulsa World reports, Walters “claimed that the data was from ‘previous years,’ even though all of the academic achievement indicators are from state tests administered just seven months ago.” Yes, taking office as State Superintendent in January 2023, Walters hasn’t had time to achieve many gains in learning, even if he’d really tried to. But the chaos during 2023, combined with the disruption he’d spread since 2020 as head of the Education Department, provided plenty of time for disruption.

As the Oklahoman reports, Walters cited the greatest decline under his watch, 8th grade reading proficiency which saw “a 5.7 percent decrease,” although “No other grade had more than a 0.4 percent decrease in reading scores, and some others “saw a very small uptick in reading scores.” Walters then promised “we are taking a Back to Basics approach,” which is the opposite of what it takes to increase proficiency.

The wisest narrative, illustrated by the Education Watch’s Jennifer Palmer, places the 2023 Report Card within the context of the massive decline of scores due to Covid, and the 2022 report. The 2023 report saw “no big swings in proficiency rates in any of the three tested subjects content,” while noting the overlooked fact that “a score of basic means a student demonstrated foundational knowledge and skills.”

Then Palmer tweeted background information on the differences between what basic means, as opposed to the widely misunderstood grade of proficiency which, I must add, has been misrepresented since the Reagan administration in order to denigrate public education. Oklahoma’s 8th grade reading proficiency grade requires that “students demonstrate mastery over even the most challenging grade-level content and are ready for the next grade, course or level of education.” It requires mastery of grade level skills that include interpretation, evaluation, analysis across multiple texts, and critical thinking. Mastery in requires use of evidence, argumentative response and synthesis of to create “written works for multiple purposes.”

As Palmer tweeted, we need a more nuanced” understanding of “reading.” And “the 8th graders who didn’t score proficient, but are in the ‘basic’ category, can still do all this” and then she linked to the challenging goals that are required for that grade, which include: partial mastery of interpretation, evaluation, analysis across multiple texts, critical thinking, use of evidence, argumentative response and synthesis.

Granted, these definitions are not necessarily the same as the more reliable NAEP scores. But as Jan Resseger explains, the nation’s NAEP proficiency grade “represents A level work, at worst an A-” and, basically, the same applies to Oklahoma’s tests. She asks, “Would you be upset to learn that “only” 40% of 8th graders are at an A level in math and “only” 1/3rd scored an A in reading?”

Ressenger also cites the huge body of research explaining why School Report Cards aren’t a reliable tool for measuring school effectiveness. We need a better understanding why the proficiency has been weaponized against schools, but we also need to master the huge body of research which explains why Report Cards aren’t a fair, reliable, and valid measure of how well schools are performing.

I’ll just cite one of the scholars that Ressenger draws upon. Stanford’s Sean Reardon’s 2022 research explained why “test score gaps may result from unequal opportunities either in or out of school; [but] they are not necessarily the result of differences in school quality, resources, or experience.” Reardon documented:

The socioeconomic profile of a district is a powerful predictor of the average test score performance of students in that district. The most and least socioeconomically advantaged districts have average performance levels more than four grade levels apart. … Achievement gaps are larger in districts where black and Hispanic students attend higher poverty schools than their white peers… and where large racial/ethnic gaps exist in parents’ educational attainment. The size of the gaps has little or no association with average class size, a district’s per capita student spending or charter school enrollment.

And that brings us to chronic absenteeism. As the New York Times reports, across the nation, “nearly 70 percent of the highest poverty schools experienced widespread, chronic absenteeism in the 2021-22 school year,” and “in these schools, about a third or more of the student body was considered chronically absent.” Of course, the Times notes, “Students cannot learn if they are not in school, and they cannot benefit from interventions, such as tutoring, that are supposed to help them make up pandemic losses.”

And Palmer reports:

Across the state, 20% of students were chronically absent last year, a half a percent increase over 2022. Some student groups were even higher: 24% of Hispanic students, 25% of economically disadvantaged and 31% of Black students were chronically absent …” Moreover, excessive absences are more prevalent now than before the pandemic. In 2019, 14% of Oklahoma students were chronically absent.

Tulsa World had previously reported that “About half of the Tulsa high school students are chronically absent” and explained why this complex and serious problem is “showing no signs of improvement.” The World cited the work of Georgetown’s Phyllis Jordan who explained the need to reconnect “what’s going on in the school and what’s going on outside the school.”

On one hand, that is why Patrick Forsyth, a University of Oklahoma professor who had analyzed the state’s A-F report card system, said “using attendance to measure school effectiveness is like using rates of tobacco use to measure hospital effectiveness.” On the other hand, as the Oklahoman reported, the Attendance Works’ Hedy Chang said, chronic absenteeism is an “all-hands-on-deck moment.” She also called on schools to “learn the specific barriers to attendance that their students experience before crafting a response to those unique challenges.”

That gets us back to the tragedy of two tales about what the Report Card means. Sadly, Ryan Walters uses it as one more weapon for disrupting public education. The other side must use these flawed metrics not to punish but for diagnostic purposes.

Researchers at the esteemed Columbia Journalism Review conducted a study of the election coverage on the front pages of The New York Times and The Washington Post and concluded, despite the protests of editors, that the pre-election coverage in recent years was not objective. Their biggest complaint was that the newspapers reported the Presidential campaign as a horse race instead of informing readers about real policy differences between the candidates. But there was another kind of bias at work: The New York Times published ten front-page articles about Hillary Clinton’s emails in the months before the election, which turned out to be a phony issue.

The article begins:

Seven years ago, in the wake of the 2016 presidential election, media analysts rushed to explain Donald Trump’s victory. Misinformation was to blame, the theory went, fueled by Russian agents and carried on social networks. But as researchers, we wondered if fascination and fear over “fake news” had led people to underestimate the influence of traditional journalism outlets. After all, mainstream news organizations remain an important part of the media ecosystem—they’re widely read and watched; they help set the agenda, including on social networks. We decided to look at what had been featured on the printed front page of the New York Times in the three months leading up to Election Day. Of a hundred and fifty articles that discussed the campaign, only a handful mentioned policy; the vast majority covered horse race politics or personal scandals. Most strikingly, the Times ran ten front-page stories about Hillary Clinton’s email server. “If voters had wanted to educate themselves on issues,” we concluded, “they would not have learned much from reading the Times.”

We didn’t suggest that the election coverage in the Times was any worse than what appeared in other major outlets, “so much as it was typical of a broader failure of mainstream journalism.” But we did expect, or at least hope, that in the years that followed, the Times would conduct a critical review of its editorial policies. Was an overwhelming focus on the election as a sporting contest the best way to serve readers? Was obsessive attention to Clinton’s email server really justified in light of the innumerable personal, ethical, and ultimately criminal failings of Trump? It seemed that editors had a responsibility to rethink both the volume of attention paid to certain subjects as well as their framing.

After the 2022 midterms, we checked back in, this time examining the printed front page of the Times and the Washington Post from September 1, 2022, through Election Day that November. As before, we figured the front page mattered disproportionately, in part because articles placed there represent selections that publishers believe are most important to readers—and also because, according to Nielsen data we analyzed, 32 percent of Web-browsing sessions around that period starting at the Times homepage did not lead to other sections or articles; people often stick to what they’re shown first. We added the Post this time around for comparison, to get a sense of whether the Times really was anomalous.

It wasn’t. We found that the Times and the Post shared significant overlap in their domestic politics coverage, offering little insight into policy. Both emphasized the horse race and campaign palace intrigue, stories that functioned more to entertain readers than to educate them on essential differences between political parties. The main point of contrast we found between the two papers was that, while the Postdelved more into topics Democrats generally want to discuss—affirmative action, police reform, LGBTQ rights—the Times tended to focus on subjects important to Republicans—China, immigration, and crime.

By the numbers, of four hundred and eight articles on the front page of the Timesduring the period we analyzed, about half—two hundred nineteen—were about domestic politics. A generous interpretation found that just ten of those stories explained domestic public policy in any detail; only one front-page article in the lead-up to the midterms really leaned into discussion about a policy matter in Congress: Republican efforts to shrink Social Security. Of three hundred and ninety-three front-page articles in the Post, two hundred fifteen were about domestic politics; our research found only four stories that discussed any form of policy. The Post had no front-page stories in the months ahead of the midterms on policies that candidates aimed to bring to the fore or legislation they intended to pursue. Instead, articles speculated about candidates and discussed where voter bases were leaning. (All of the data and analysis supporting this piece can be found here.)

Exit polls indicated that Democrats cared most about abortion and gun policy; crime, inflation, and immigration were top of mind for Republicans. In the Times, Republican-favored topics accounted for thirty-seven articles, while Democratic topics accounted for just seven. In the Post, Republican topics were the focus of twenty articles and Democratic topics accounted for fifteen—a much more balanced showing. In the final days before the election, we noticed that the Times, in particular, hit a drumbeat of fear about the economy—the worries of voters, exploitation by companies, and anxieties related to the Federal Reserve—as well as crime. Data buried within articles occasionally refuted the fear-based premise of a piece. Still, by discussing how much people were concerned about inflation and crime—and reporting in those stories that Republicans benefited from a sense of alarm—the Times suggested that inflation and crime were historically bad (they were not) and that Republicans had solutions to offer (they did not).

I urge you to open the link and read the article. It confirms what many of us suspected: the major media are all too easily sucked into the GOP narrative and parrot it. Expect to see a focus in the lead-up to the 2024 election that emphasizes inflation, crime, fears about Biden’s age, and every verbal slip up he makes, and every other reason either to abstain from voting or to vote for Trump. We will see, as we do already, a drumbeat of articles about why this group or that one will not vote for Biden (so far, I have seen such articles about the youth vote, the Black vote, the Hispanic vote, and the Muslim vote). It would be ironic if Muslims didn’t vote for Biden because of his support for Israel, since Trump tried to ban immigration from Muslim-majority nations and is openly nativist.

Will the major media allow Trump and his enablers again to set their agenda?

Robert Hubbell read this study and remarked that the major media are again treating the Presidential campaign as a horse race between Biden and Trump, as though it were a normal election. It’s not. Trump has already sketched the plans for his second term, and they are a recipe for enhancing his power and destroying his enemies.

Hubbell wrote:

I am going to take this opportunity to make a direct plea to journalists, producers, and editors in the news media who read this newsletter. I know you are out there because I hear from you when you feel that I unfairly bash the news media. I occasionally receive mistaken “reply-to-all” or forwarded emails to your colleagues that inadvertently include me. (Don’t worry; I delete them immediately.) (Hint: Do a Google search for “How to remove a name from autofill in an email address field.”)

Let me start with an olive branch. There are exceptional journalists doing great work every day. I cite them every day. They can’t please everyone all the time. They deserve our support and thanks—and forbearance for the occasional mistake. So here it is: Thank you to every journalist who is doing a tough job well in a news environment that is the equivalent of a war zone of disinformation.

Ignore my whining and carping; dismiss me as a crank if you want. But please ask yourselves whether the news reporting and editorial stances at your outlet are rising to this perilous moment in American history. Everyone—including you—knows in their bones that Trump is a unique threat to democracy. He is consciously emulating the worst dictators of the last century. His aides are leaking their plans to undermine democracy. That existential threat must be in every story you write. If you must, report on polls or horse races or political infighting but do so while acknowledging that one candidate seeks to destroy democracy while the other candidate seeks to operate within its confines.

I believe that Americans will prevail against the threat of MAGA extremism with or without the support of a free press rising to the challenge of this moment. But it would be easier—and victory would be more assured—if major media outlets did not treat Trump as just another candidate after his failed coup and incitement to insurrection.

Imagine if Hitler had survived WWII and then ran for re-election as Chancellor of Germany from a prison cell. Would any story be written that merely reported on polls discussing the level of voter support for Hitler versus his opponent? Or would every story include discussion of his fascist takeover of Germany, his war on Europe, and his attempt to exterminate the Jewish people? Why does Trump get a free pass in hundreds of articles a day that treat him as the legitimate political opponent of Joe Biden? How can any story be written that asks, “Is Biden too old,” without asking the more urgent question, “Will Trump end democracy in America.”

I have slipped back into offense when I meant to invite you to reflect on the balance and editorial position of your news organization. Tens of millions of Americans are hoping that you will get it right. You don’t have to defend Democrats or Joe Biden. But defending the Constitution and democracy is not partisan. The future of our democracy is partly in your hands. It should be a part of every story you write.

At the recent conference of the Network for Public Education, one of the truly outstanding speakers was Dr. Marvin Dunn, professor emeritus at Florida International University. Dr. Dunn has written several books about Black history in Florida, most notably A History of Florida Through Black Eyes. I read that book and realized that Dr. Dunn was the right recipient for NPE’s annual “David Award,” which goes to someone who spoke out and acted on behalf of justice against the powerful, regardless of the personal risks.

Dr. Dunn is not only an author but an active preservationist of Black history. To make sure that the massacre at Rosewood, Florida, would never be forgotten, he bought five acres there and regularly brings students and teachers to learn about it. He tells the story of visiting his land with his son; a “neighbor” tried to run them over in his truck. Dr. Dunn filed a complaint with the police, and the man was convicted and sentenced to 10 years in prison. Dr. Dunn asked to have the sentence reduced, and it was dropped to only one year. The audience was impressed by his generosity of spirit. However, Dr. Dunn tweeted several weeks later that the now-released felon hung a toy skeleton where Dr. Dunn could see it. You don’t need to study Critical Race Theory to know that Racism lives.

I think you will agree that his remarks are highly inspiring.

Supporters of reproductive rights are gathering signatures to put a referendum on the ballot in November 2024. However, the state Supreme Court must approve the language of the referendum or block it. Anti-abortion advocates have criticized the proposed referendum because it does not define “viability,” the point at which the fetus is able to survive outside the woman’s body.

Opponents of abortion know that referenda to protect abortion have been approved in other red states, like Kansas and Ohio. They have to find a way to block the vote. First, they raised the vote needed to change the state constitution from 50.1% to 60%. Now, they are counting on a hyper-conservative state Supreme Court to disqualify the referendum on technical grounds.

The Orlando Sentinel reports:

Floridians are signing petitions to put abortion rights to a vote of the people next fall, but they could meet an insurmountable setback from the state’s conservative Supreme Court.

The high court must approve the ballot initiative’s language, and if it doesn’t, the amendment won’t be on the 2024 ballot.

The amendment’s backers also still need to gather more than 400,000 signatures to get on the ballot, counter an anti-abortion ad campaign already taking shape and win at least 60% of the vote to secure passage.

Republican Attorney General Ashley Moody is fighting to keep the measure protecting abortion rights off the ballot, arguing it is misleading because it doesn’t define “viability.” The public has differing interpretations of what that term means, she wrote in a legal brief.

It’s an argument that could carry weight with the court given its “extremely conservative makeup,” said Bob Jarvis, a law professor at Nova Southeastern University.

One justice is married to a sponsor of Florida’s six-week abortion ban and pushed anti-abortion bills when he served in Congress. GOP presidential hopeful Gov. Ron DeSantis appointed five of the seven justices.

Barbara McQuade, experienced prosecutor and lawyer, posted this disturbing commentary at Cafe Insider. Republican legislators in Ohio are trying to overturn the recent state referendum on abortion, where 57% of voters chose to protect reproductive rights by writing them into the state constitution.

Elections, as they say, have consequences. Last week in Ohio, voters approved an amendment to their state constitution that protects reproductive rights. But some GOP lawmakers apparently would rather damage democratic institutions than accept election results that they strongly oppose. 

Ohio recently became the seventh state to enshrine the right to abortion into their state constitutions following the Supreme Court’s 2022 decision in Dobbs v. Jackson Women’s Health Organization. The Dobbsopinion, of course, overturned Roe v. Wade, the landmark case that had recognized abortion rights under the U.S. Constitution since 1973. But despite the election result, some Ohio Republican legislators are refusing to accept the will of the people of their state. 

Two days after the election, attacks on the democratic process came on three different bases. First, GOP Representative Jennifer Gross claimedwithout evidence, that the amendment was passed as the result of “foreign election interference” with the money of “foreign billionaires.” If true, such outside influence would violate election laws. But there is nothing to suggest that the claim is true. This claim was made not by an extremist activist, but by an elected member of the Ohio legislature. A public official’s claim of foreign influence can undermine public confidence in elections, which, in turn, leads to voter apathy, and discourages them from casting ballots. Such cynicism erodes the strength of our democracy. 

And Gross didn’t stop there. She joined three other GOP lawmakers in a second attack, announcing an audacious plan to strip their state courts of authority to interpret the new amendment. “Issue 1,” the name of the ballot proposal, ensures the right to “make and carry out one’s own reproductive decisions” regarding birth control, miscarriage, and abortion. The amendment, which goes into effect in December, retains the state’s ability to regulate abortions after a fetus is able to survive outside the womb. The amendment locks into the state constitution the current law permitting abortions up to 22 weeks, but it conflicts with a number of other state laws on the books that regulate reproductive rights, such as one that imposes a 24-hour waiting period and another that prohibits abortions after detection of certain fetal conditions. A “heartbeat” law, passed in 2019, that prohibits abortions after six weeks with no exception for rape or incest, had been tied up in courts before the election. 

Ohio House Democrats have proposed a bill to repeal the existing laws that conflict with the new amendment, but GOP majorities in both houses will likely block their efforts. Instead, litigants will need to challenge these laws in court to get them off the books. 

But that’s where Gross and her team come in. They said they would shift power over interpreting the amendment from the courts to the GOP-controlled legislature. According to their public statement, “Ohio legislators will consider removing jurisdiction from the judiciary over this ambiguous ballot initiative.” They explained that this move was necessary, “[t]o prevent mischief by pro-abortion courts.” Instead, they propose that “the Ohio legislature alone will consider what, if any, modifications to make to existing laws based on public hearings and input from legal experts on both sides.” Draft legislation would vacate all court orders and even expose judges to criminal prosecution and impeachment for handling cases involving the amendment. 

Except that’s not how it works. One of the first cases law students read in Constitutional Law class is Marbury v. Madison. The case stands for the proposition that it is the role of courts to review laws and to decide whether they are unconstitutional. And while Marbury v. Madison dealt with federal courts, the proposition is no less true in the states. Ohio’s constitution creates a judicial branch, composed of courts that are vested with “the judicial power of the state.” Interpreting the law is the fundamental role of courts. Legislatures write the laws; courts interpret them and decide whether they violate the state or federal constitutions. By seeking to wrest control of judicial review from the courts, the legislators are corrupting the structure of government and the separation of powers. This attempted power grab is a dangerous affront to our democratic institutions. We can’t simply deconstruct the apparatus of government whenever we fear the outcome of its work. Such attacks would render our judiciary toothless and unrecognizable.

But that’s not the end of it. A third affront to our democratic process came in the remarks of one of the four GOP legislators behind the effort, who appeared to put her own religious views ahead of the will of the people. Representative Beth Lear stated in support of the legislation, “No amendment can overturn the God-given rights with which we were born.” She no doubt genuinely believes the truth of her comments, but the First Amendment entitles her to practice her own religion, not to impose it on others. 

Before the Supreme Court’s decision in Dobbs, opponents of abortion rights frequently argued that the issue should be left to the states to decide. Now that voters in the states are consistently approving abortion rights, those who oppose reproductive rights are looking for new ways to fight for bans, even if it means supplanting the will of the people. 

Regardless of the convictions of one’s views on any issue, a power grab to override the results of an election is destructive to democracy. 

Stay Informed, 

Barb

Randi Weingarten and her wife, Rabbi Sharon Kleinbaum, flew to Israel to commiserate with friends and to sit shiva for the nation. They express a strong commitment to both Israelis and Palestinians and a hope that they can one day live in peace as neighbors, in two independent states. They speak out against the Netanyahu government, whose harsh policies towards Palestinians have intensified hatred. They recognize the brutality of the October 7 massacre without qualification. I am not a Zionist but their views and mine are aligned. Neither terrorism nor indiscriminate bombing of civilians brings peace closer.

The progressive publication Haaretz interviewed them:

Rabbi Sharon Kleinbaum has traditionally had few qualms about being a member of a minority – as a lesbian rabbi, it is practically her brand. But in the days and weeks following the start of the Israel-Hamas war, she says it has been her identity as a liberal Zionist that has made her feel like a member of a minority.

Kleinbaum is the spiritual leader of New York’s Congregation Beit Simchat Torah, the world’s largest LGBTQ synagogue. The space she and wife Randi Weingarten have long occupied – as high-profile American-Jewish leaders who are deeply connected to Israel, but also outspoken advocates for Palestinian rights and opponents of the occupation – is not a comfortable place to be right now.

Even within the pioneering congregation Kleinbaum has led for more than 30 years, she says the atmosphere is tense and full of “tremendous anxiety,” as the war continues with no clear resolution in sight…

“You know, the LGBT world is so focused on non-binary thinking. We’ve rejected the binary about sexuality, we’ve rejected the binary about gender identity,” Kleinbaum notes. “And yet at the same time, so many in this world have adopted a very binary approach to Israel-Palestine issues.”

Her community, she adds, is not at all immune from the expectations of conflict in American culture, in which “the good guys are always weak and the bad guys are strong. And people want a two-hour Hollywood movie in which at the end of it, the good guys overcome and vanquish the bad guys, the lights go up and you walk outside. The message I keep bringing to the congregation is that life is not a Hollywood movie.”

She tries at every opportunity, she says, to explain to those on both extremes that simple solutions are not available, and “there is not a good guy or a bad guy; there is not one victim and one perpetrator.”

That message is not always welcome. In far-left progressive circles, there are those who “believe that Israel kind of deserved what it got” on October 7 and “what Hamas did was an act of justified violence.” The fact that she “completely rejects and totally condemns” such views has made some “very angry” with her, Kleinbaum says.

At the same time, she says others are upset with her “because I continue to insist on the full equality of the Palestinian people, and I continue to stand against the occupation. I will continue to stand by the truth that I’ve said forever and is not new: Israel cannot oppress people.”

Union head Weingarten says she often finds herself in a similar position. “On the same day, I will be criticized by someone from AIPAC for being a Palestinian lover, and criticized by somebody from one of our local union branches that I have not spoken out strongly enough against Israel.”

She has been slammed in union circles for standing up for Israel’s right to defend itself, including during a AFL-CIO meeting that The New York Times described as a “raw” debate among top union officials on the Israel-Hamas conflict. She was accused by the far left of “green-lighting Zionist war crimes.”

Kleinbaum and Weingarten spoke to Haaretz on the second day of a Thanksgiving week trip to Israel, following breakfast with members of what they call their “Israeli family”: Israelis who were members of Kleinbaum’s synagogue during stints in New York, former congregants who made aliyah and other friends.

The couple note that during their last visit, in April, their friends were wearing pro-democracy T-shirts protesting the proposed judicial overhaul. Now these same people wear T-shirts with photographs of hostages on them. Like so many other Israelis, their friends have suffered losses, and some had stopped by on their way to or from 30-day memorials of loved ones killed on October 7.

“We’re so horrified and condemn what Hamas did in the strongest and most horrific terms, and we feel like we’re making a shivah visit to the whole country,” Kleinbaum says…

Both women felt they needed to be in Israel now, Kleinbaum says, “to absorb the energy here and really listen to the perspective of people who are here and to … pay our shivah call after the biggest pogrom that has happened to the Jewish people since the Holocaust – and, just as importantly, also listen to Palestinian voices inside of Israel, and to listen to the voices that are fighting for shared society.” They intend to take those views back to New York.

“We have to keep telling the deep truths that those of us who are progressive Zionists understand: that there is no future except a shared future. And we have to keep reinforcing the message that this is the land with two peoples, two very complicated peoples, and that we continue to hope for a future in which both peoples can live with justice and peace and security,” Kleinbaum says.

She admits she doesn’t know where events will lead, but right now it “feels like we’re at an inflection point not only for the State of Israel, for Palestinians and Israeli Jews, but for the Jewish people. It feels like we’re at a very significant moment of Jewish history, including for Diaspora Jewish life…”

Both recognize that the failed leadership of Netanyahu and his cabinet of far-right ministers has alienated many progressive Jews.

Weingarten says “polls bear out that the Democratic Party is still supportive of Joe Biden’s approach to Israel and Gaza,” but there is still considerable pressure from those harshly critical of the amount of force used by the Israel Defense Forces, mounting calls for a unilateral cease-fire, along with a faction that does, in fact, challenge Israel’s right to exist.

Much of this, she believes, is a direct result of the images coming out of Gaza, and Israel’s decision not to widely circulate images of the horrors of October 7 in real time. Because of that decision, “the trauma, the massacre and the pogrom is just not well known and not understood in the same way as what happened to the [Gazan] hospitals” and the “sheer amount of death” in Gaza…

Biden is “a staunch ally of Israeli democracy and also supports Palestinians: he doesn’t support Israel to the detriment of the Palestinians, even though people accuse him of that. And if the Israeli right really doesn’t understand this, then they are really threatening the future of President Biden’s support. Because he cares deeply about Palestine; he cares about both people. That’s why he has said over and over again that there has to be a two-state solution,” Weingarten says…

And despite the fact that “extreme voices are the loudest right now and people are looking for simple solutions,” there are more people that share common ground with the president – particularly in America’s Jewish community.

“I believe that the majority of American Jews are actually looking for this vision,” Weingarten says. “They want to hear that they can stand with Israel, and stand with the rights of Palestinians. They don’t have to choose. And yes, today it’s a very narrow place to be. But I reject the binary that forces a simple choice. And even though it’s not an easy place to be, I believe if we keep standing in this place and pushing the message out there, more and more people will join us.”

The following spewing was posted at 2:43 a.m. on Thanksgiving Day on “Truth Social.”

Can you imagine a barely coherent, venomous monologue like this coming from President Eisenhower, or President Kennedy, or President Johnson, or President Nixon, or President Ford, or President Reagan,or President George H.W. Bush, or President Clinton, or President George W. Bush, or President Obama, or President Biden? I can’t. What all of our past presidents had in common was a recognition that the Presidency required a sense of dignity. Whatever their personal flaws, they understood the importance of projecting decorum and composure to the public. They may have cursed like sailors in private but in public they maintained the dignity of the office.

I know. I said I was taking off the weekend, but this post is an exception. I just read Peter Greene’s Thanksgiving message, and I can’t post it next week because it will be dated. Peter is a wonderful writer, and I think you will enjoy his reflections about gratitude.

For those who don’t know Peter, he retired after 39 years as an English teacher in Pennsylvania. He has two sets of children. The first set is from his first marriage, and they are adults. The second set, from his second marriage, are toddler twins. You will see a picture of them watching their first Macy’s Thanksgiving Day parade on television. I wouldn’t normally mention the personal details of Peter’s life but he refers to his twins as his “board of directors.”

Speaking of gratitude, I forgot to tell you something that fills me with gratitude. I have four grandsons, and one of them, who is in his late 20s, was in Eilat, Israel, on October 7. He was visiting friends at a dive resort where he worked a few years ago as a marine photographer. About 15 people from the staff went to the Supernova dance, about an hour away. He made plans to go but the couple who offered him a ride broke up the day before and decided not to go. Some of the young people from the resort who went to the dance were murdered. Thank whatever gods there be that he didn’t go. I’m so grateful for his safety.