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How America Lost Its Commitment to the Right to Vote Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=51809"><span class="small">Ian Millhiser, Vox</span></a>   
Wednesday, 21 July 2021 08:20

Millhiser writes: "The Supreme Court isn't even pretending that it's bound by legal texts in its voting rights cases."

Visitors walk past the US Supreme Court on June 26, 2021. (photo: Stefani Reynolds/Bloomberg/Getty Images)
Visitors walk past the US Supreme Court on June 26, 2021. (photo: Stefani Reynolds/Bloomberg/Getty Images)


How America Lost Its Commitment to the Right to Vote

By Ian Millhiser, Vox

21 July 21


The Supreme Court isn’t even pretending that it’s bound by legal texts in its voting rights cases.

he Supreme Court, Justice Elena Kagan lamented in a dissenting opinion earlier this month, “has treated no statute worse” than the Voting Rights Act.

She’s right.

The Voting Rights Act is arguably the most successful civil rights law in American history. Originally signed in 1965, it was the United States’ first serious attempt since Reconstruction to build a multi-racial democracy — and it worked. Just two years after President Lyndon Johnson signed the Voting Rights Act into law, Black voter registration rates in the Jim Crow stronghold of Mississippi skyrocketed from 6.7 percent to nearly 60 percent.

And yet, in a trio of cases — Shelby County v. Holder (2013), Abbott v. Perez (2018), and Brnovich v. DNC (2021) — the Court drained nearly all of the life out of this landmark statute. After Brnovich, the decision that inspired Kagan’s statement that the Court has treated the Voting Rights Act worse than any other federal law, it’s unclear whether the Supreme Court would rule in favor of voting rights plaintiffs even if a state legislature tried to outright rig an election.

These cases are the culmination of more than half a century of efforts by conservatives who, after failing to convince elected lawmakers to weaken voting rights, turned to an unelected judiciary to enact a policy that would never have made it through Congress. All of this is bad news for minority voters in America, who are most likely to be disadvantaged by many of the new restrictions currently being pushed in statehouses across America, and for the country’s relatively young commitment to multi-racial democracy. And there are at least three reasons to fear that decisions like Shelby County and Brnovich foreshadow even more aggressive attacks on the right to vote.

The first is that Republican partisans can use race as a proxy to identify communities with large numbers of Democratic voters. In 2020, according to the Pew Research Center, 92 percent of non-Hispanic Black voters supported Democrat Joe Biden over Republican Donald Trump — and that’s after Trump slightly improved his performance among African Americans compared to 2016.

That means that state lawmakers who wish to prevent Democrats from voting can do so through policies that make it harder for Black voters (and, to a lesser extent, most other nonwhite voters) to cast a ballot. And Republican lawmakers haven’t been shy about doing so. As a federal appeals court wrote in 2016 about a North Carolina law that included many provisions making it harder to vote, “the new provisions target African Americans with almost surgical precision.”

An even more stark example: Georgia recently enacted a law that effectively enables the state Republican Party to disqualify voters and shut down polling precincts. If the state GOP wields this law to close down most of the polling places in the highly Democratic, majority-Black city of Atlanta, it’s unclear that a Voting Rights Act that’s been gravely wounded by three Supreme Court decisions remains vibrant enough to block them.

The second reason to be concerned about decisions like Brnovich is that the Supreme Court’s attacks on the Voting Rights Act are not isolated; they are part of a greater web of decisions making it much harder for voting rights plaintiffs to prevail in court.

These cases include decisions like Purcell v. Gonzales (2006), which announced that judges should be very reluctant to block unlawful state voting rules close to an election, Crawford v. Marion County Election Board (2008), which permitted states to enact voting restrictions that target largely imaginary problems, and Rucho v. Common Cause (2019), which forbade federal courts from hearing partisan gerrymandering lawsuits because the Court’s GOP-appointed majority deemed such cases too “difficult to adjudicate.”

Finally, decisions like Shelby County and Brnovich are troubling because the Court’s reasoning in those opinions appears completely divorced from the actual text of the Constitution and from the text of federal laws such as the Voting Rights Act.

Shelby County eliminated the Voting Rights Act’s requirement that states with a history of racist election practices “preclear” any new voting rules with officials in Washington, DC. It was rooted in what Chief Justice John Roberts described as “the principle that all States enjoy equal sovereignty,” a principle that is never mentioned once in the text of the Constitution.

In Brnovich, the Court upheld two Arizona laws that disenfranchise voters who vote in the wrong precinct and limit who can deliver an absentee ballot to a polling place. Alito purports to take “a fresh look at the statutory text” in this case. But he imposes new limits on the Voting Rights Act — such as a strong presumption that voting restrictions which were in place in 1982 are lawful, or a similar presumption favoring state laws purporting to prevent voter fraud — which have no basis whatsoever in the law’s text.

As Kagan writes in dissent, Brnovich “mostly inhabits a law-free zone.”

That doesn’t necessarily mean that this Supreme Court will allow any restriction on voting to stand — under the most optimistic reading of cases like Brnovich, the Court might still intervene if Georgia tries to close down most of the polling places in Atlanta — but it does mean that voting rights lawyers and their clients can no longer expect to win their cases simply because Congress passed a law protecting their right to vote.

The rules in American elections are now what Chief Justice John Roberts and his five even more conservative colleagues say they are — not what the Constitution or any act of Congress has to say about voting rights.

How Republicans learned to stop worrying and oppose the Voting Rights Act

In retrospect, it was probably inevitable that the conservative backlash against voting rights would flourish in the one unelected branch of the federal government.

When Congress first enacted the Voting Rights Act in 1965, its “preclearance” provision — the provision that was deactivated in Shelby County — was set to expire in five years. Congress extended preclearance four times, in 1970, in 1975, in 1982, and in 2006, and each time the bill reauthorizing the fully operational Voting Rights Act was signed by a Republican president.

At least some of these GOP presidents made aborted efforts to weaken the law — President Richard Nixon, for example, proposed allowing preclearance to expire in 1970, but he backed down in the face of intense opposition from civil rights organizations.

Similarly, a significant faction within the Reagan administration — a faction that included future Chief Justice Roberts — pressed President Ronald Reagan to veto a 1982 bill expanding the Voting Rights Act. In 1980, Reagan had denounced the Voting Rights Act as “humiliating to the South,” so this conservative faction appeared to have a sympathizer in the Oval Office.

But Republicans in Congress and in the White House ultimately concluded that standing athwart the Voting Rights Act was too politically toxic. As then-Rep. Trent Lott (R-MS) warned Reagan in 1981, after an expansive voting rights renewal had already passed the House, “anyone who seeks to change” that bill “will risk being branded as racist.”

By the time the Voting Rights Act was up for reauthorization again in 2006, its conservative opponents had largely given up on convincing elected officials to let much of the law die. The bill passed both houses by overwhelming margins and was signed by President George W. Bush.

“Republicans don’t want to be branded as hostile to minorities, especially just months from an election,” anti-civil rights activist Edward Blum complained in a bitter 2006 article published by the National Review. Blum would go on to be the driving force behind Shelby County and several other lawsuits seeking to diminish the rights of people of color.

Yet, as it turned out, Blum understood something that the conservative opponents of voting rights who lobbied elected officials in vain did not.

The premise of an independent judiciary is that judges must be insulated from political pressure so that they will apply the law without favor. This is why federal judges serve for life, and why they are guaranteed to keep their salary so long as they remain in office. But these very same protections also allow judges who support an unpopular policy agenda to implement it without fear of losing their job.

By the time Shelby County reached the Supreme Court, the Court was dominated by conservatives who, in Justice Antonin Scalia’s words, saw the Voting Rights Act as a “perpetuation of racial entitlement.”

“Whenever a society adopts racial entitlements,” Scalia complained during the Shelby County oral arguments, “it is very difficult to get out of them through the normal political processes.” He then channeled the resentments of men like Blum.

“I don’t think there is anything to be gained by any Senator to vote against continuation of this act,” Scalia continued. “And I am fairly confident it will be reenacted in perpetuity unless — unless a court can say it does not comport with the Constitution.”

And so the Court said just that.

The Supreme Court’s treatment of the Voting Rights Act has no apparent basis in the Constitution, or the act itself

One of the many frustrating things about the Shelby County opinion is that it doesn’t even attempt to root its holding in the text of the Constitution.

The question of what constraints the Constitution’s text places on judges, especially when that text is ambiguous, is one of the most hotly contested questions in American law. But even when the Court hands down constitutional decisions that are broadly criticized, it typically makes at least some effort to ground its holding in a specific provision of the Constitution.

The Court’s anti-worker decision in Lochner v. New York (1905) and its pro-abortion decision in Roe v. Wade (1973), for example, were both rooted in the 14th Amendment’s promise that no one shall be denied “liberty” without “due process of law.”

Indeed, even the Court’s decision in Griswold v. Connecticut (1965), one of the most widely mocked majority opinions of the last century, at least tried to ground its holding in specific constitutional provisions. Griswold established married couples’ right to use contraceptives, and announced a “right to privacy” that formed the basis for subsequent liberal victories on abortion and sexuality. But the Court swiftly abandoned Griswold’s legal reasoning, which was rooted in the idea that the First, Third, Fourth, Fifth, and Ninth Amendments “have penumbras, formed by emanations from those guarantees that help give them life and substance.”

And yet, compared to Roberts’s majority opinion in Shelby County, Griswold seems like a paean to textualism and judicial restraint. Shelby County never identifies which provision of the Constitution embodies the “‘fundamental principle of equal sovereignty’ among the States” that the Court’s decision rests upon.

Although Shelby County does make a vague statement that the 15th Amendment “is not designed to punish for the past; its purpose is to ensure a better future,” this principle appears nowhere in the text of that amendment. And, in any event, the concept of “equal sovereignty” does not flow from Roberts’s future-driven interpretation of that amendment. It can’t even be found in the 15th Amendment’s penumbras and emanations.

We don’t have to imagine what Shelby County might have said if the Court had attempted to ground its decision in constitutional text — and in nearly 200 years of precedent governing how courts should read that text. Chief Justice Earl Warren wrote that opinion for the Court in South Carolina v. Katzenbach (1966), the Court’s original decision upholding the Voting Rights Act, which relies heavily on both the text of the 15th Amendment and a centuries-old line of cases holding that Congress’s power to legislate should be construed broadly.

The 15th Amendment has two provisions. The first prohibits the government from denying or abridging the right to vote “on account of race, color, or previous condition of servitude,” while the second clause declares that “Congress shall have power to enforce this article by appropriate legislation.” Thus, as Warren explained, Congress has broad authority to enact laws preventing race discrimination in voting.

Warren quoted a line of cases, stretching back to the early days of the republic, which established that Congress’s power to regulate is quite broad indeed. When the Constitution gives Congress the power to legislate on a particular subject matter, the Court established in McCulloch v. Maryland (1819), it may use “all means which are appropriate” and that are “plainly adapted” to a legitimate end, so long as Congress does not violate some other provision of the Constitution in the process.

Taken together, decisions like McCulloch and the 15th Amendment’s text yield a clear result: Congress, not the Court, gets to decide how it wants to fight race discrimination in voting. Congress, not a handful of Republican-appointed judges, gets to decide whether preclearance should exist, and which states should be subject to it.

Indeed, Congress would have the power to impose a preclearance regime on most state election rules even if the 15th Amendment didn’t exist. Although the Constitution’s “Elections Clause” permits states to determine the “times, places and manner of holding elections for Senators and Representatives,” it also permits Congress to “make or alter such regulations, except as to the places of choosing Senators.” Thus, the federal government doesn’t just have nearly complete authority to regulate congressional elections, it explicitly has the power to displace state laws.

And yet, as Franita Tolson, a law professor at the University of Southern California and a leading expert on the federal government’s power to regulate elections, explained in recent testimony before Congress, Shelby County “ignored that the Elections Clause stands as an additional source of authority” which “can justify federal anti-discrimination and voting rights legislation.”

The impact of Shelby County was fairly swift. In 2013, for example, Texas enacted racially gerrymandered legislative maps, even though a federal court had rejected many key elements of these maps under the Voting Rights Act’s preclearance provisions. Yet, with preclearance dead, the Supreme Court upheld nearly all of Texas’s gerrymandered maps in Abbott v. Perez (2018).

Similarly, if preclearance were still in effect, it is unlikely that many of the controversial provisions of Georgia’s recently enacted voter suppression law would survive. And certainly no federal official acting in good faith would permit Georgia to simply start closing down polling places in Black neighborhoods.

Alito’s opinion in Brnovich pays no more heed to the text of the Voting Rights Act than Roberts’s opinion in Shelby County paid to the Constitution.

That case involved two interlocking provisions of the Voting Rights Act. One prohibits any law that “results in a denial or abridgement of the right of any citizen of the United States to vote on account of race or color.” The other provides that the Voting Rights Act is violated if “based on the totality of circumstances, it is shown that the political processes leading to nomination or election in the State or political subdivision are not equally open to participation by” voters of color, or if such voters “have less opportunity than other members of the electorate to participate in the political process and to elect representatives of their choice.”

That’s a lot of thick legal language, but one searches it in vain for anything suggesting, as Alito wrote in Brnovich, that election practices that were common in 1982 are presumptively legal. Or, as he also suggested in Brnovich, that state election rules are presumptively lawful so long as they supposedly combat voter fraud.

As Rick Hasen, a law professor and election law expert at the University of California Irvine, writes in Slate, Brnovich ignores “the text of the statute, its comparative focus on lessened opportunity for minority voters, and the history that showed Congress intended to alter the status quo and give new protections to minority voters.” Alito’s opinion in Brnovich bears the same resemblance to the text of the Voting Rights Act that Taco Bell does to Mexico.

Just as significantly, Brnovich raises serious doubts about whether this Supreme Court would strike down any state election law that discriminates on the basis of race.

The case for (very limited) optimism

One thing that surprised me after Brnovich was handed down is that my initial assessment of the opinion was slightly more optimistic than the view among many voting rights scholars, including Tolson and Hasen.

I wrote that the Supreme Court left the Voting Rights Act alive in Brnovich — if only “barely.” Hasen, by contrast, accused Alito of essentially offering “a new and impossible test for plaintiffs to meet” if they allege that they were denied the right to vote. Tolson told the legal podcast Strict Scrutiny that it’s “very difficult to determine what voting restrictions would violate” the standard laid out in Brnovich.

So let me lay out the case for why Brnovich — and the array of Roberts Court decisions limiting voting rights that proceed it — may not produce an apocalyptic crisis for American democracy. This argument has three prongs.

The first is that, while Alito’s opinion in Brnovich imposes a long list of extratextual limits on the Voting Rights Act, it doesn’t go quite as far as the Republican Party asked the Court to go. The Arizona Republican Party’s brief in Brnovich argued that “race-neutral regulations of the where, when, and how of voting do not” violate the Act — a proposal that, as Kagan pointed out at oral argument, would allow a state to require all voters to cast their ballot at a country club.

Meanwhile, Arizona Attorney General Mark Brnovich (R) suggested that voting restrictions that have a disproportionate impact on minority voters should be upheld, so long as the state didn’t cause voters of color to behave differently than white voters. Thus, under Brnovich’s standard, a state could potentially limit the franchise to country music fans — because the state didn’t cause white people to be more likely to listen to country music than voters of color.

Republicans, in other words, gave the Supreme Court two different legal standards that it could have applied in Brnovich if the Court wanted to effectively neutralize the Voting Rights Act altogether. The fact that the Court rejected these proposed standards — in an opinion that was otherwise completely shameless about its disregard for what the law actually says — suggests that some key members of the Court may have balked at the GOP’s request to shut down the Voting Rights Act altogether.

The second reason for optimism is that, while Republican state lawmakers have enacted a bevy of voting restrictions in the wake of decisions like Shelby County, most of those restrictions have not had as drastic of an impact on voting as many advocates feared.

Voter ID laws, for example, which require voters to show photo ID before they can cast a ballot, are a common voter restriction favored by many Republicans. Yet, while initial research on voter ID suggested that these laws may disproportionately prevent left-leaning demographics from casting a ballot, more recent research suggests that they have no impact whatsoever. They appear to neither diminish voter turnout (as Democrats feared), nor have any real impact on voter fraud (which Republicans often highlight to justify such laws, even though voter fraud is exceedingly rare).

Similarly, a recent paper by political scientists Mayya Komisarchik and Ariel White finds that Shelby County “did not reduce aggregate Black or Hispanic voter registration or turnout,” and that turnout among these voters may have even slightly increased since the Court’s decision in 2013 — an unexpected finding that the authors think may be attributable, at least in part, to voter turnout efforts “explicitly targeted to counter potential voter suppression in the wake of the decision.”

I want to be cautious about being too optimistic here. As the Court’s decision in Perez suggests, even if eliminating preclearance did not diminish “voter registration or turnout,” it has made it easier for states to enact racial gerrymanders. And even if Democrats and voting rights advocates have thus far succeeded in countering Shelby County through countermobilization efforts, it’s unclear if those efforts will remain successful forever.

Shelby County is also less than a decade old, so it remains to be seen what impact more innovative voter suppression laws — such as the one recently enacted in Georgia — will have on turnout. But that brings us to the third reason to be cautiously optimistic.

As Nicholas Stephanopoulos, a Harvard election law professor, wrote shortly after Brnovich came down, that decision does not preclude challenges to “novel or unusual voting restrictions” because such restrictions “weren’t prevalent in 1982.” The more creative Republican lawmakers get in their efforts to restrict the vote, the more likely it is that the courts will balk.

Two unanswered questions

The biggest threat facing American democracy is that state lawmakers may go beyond restrictions, such as voter ID, which make it harder for some voters to cast a ballot — and actually impose election rules that make it impossible for Democrats to win.

Think of former President Donald Trump’s failed attempts to pressure judges, state officials, and Congress into tossing out President Joe Biden’s victory in the 2020 election.

Last year, the Supreme Court literally did the least that it could possibly do to preserve democracy in the United States, by turning aside frivolous lawsuits brought by Republicans seeking to overturn Biden’s victory. But future efforts to rig elections are likely to be more subtle — and the lawyers who defend those efforts are likely to be more competent than the band of misfits Trump assembled to challenge the 2020 election.

We don’t yet know how the Court will approach those efforts.

Consider, for example, Georgia’s new law. The most troubling provision of that law permits Republican officials to seize control of local election boards that have the power to close down polling locations and disqualify voters. This is a novel form of voter suppression — it’s unlikely that many states permitted partisan officials to simply toss out Democratic ballots in 1982 — so the Court’s decision in Brnovich should not prevent courts from intervening if Georgia Republicans go that far.

But here’s the rub: imagine that Georgia Republicans start shutting down polling precincts in the largely Democratic, majority-Black city of Atlanta shortly before the 2022 election — or imagine that, say, Arizona passes a new law one month before the election that shuts down half the precincts in Democratic neighborhoods.

The Court’s decision in Purcell held that judges should be reluctant to intervene in election-related disputes as Election Day draws close, because such decisions “can themselves result in voter confusion and consequent incentive to remain away from the polls.” Yet, more recent decisions have treated Purcell less as a practical warning that judges should avoid decisions that might confuse voters, and more like an inexorable rule that late-breaking voting rights decisions are not allowed.

The danger, in other words, is that if a state imposes last-minute voting restrictions that seek to rig an election, the Supreme Court may forbid the federal judiciary from doing anything about it.

Another unanswered question is how far this Court is willing to go in giving Republicans an unfair advantage during the next legislative redistricting cycle, which is expected to begin this fall.

In a long line of cases stretching back more than a century, the Supreme Court has repeatedly rejected something known as the “independent state legislature doctrine,” which could potentially allow state legislatures to pass election laws that can neither be vetoed by a state governor nor reviewed by the state’s courts. But four members of the Court recently endorsed this doctrine, and newly confirmed Justice Amy Coney Barrett’s views on the doctrine are unknown.

As Justice Neil Gorsuch summarized this doctrine in a 2020 opinion, “the Constitution provides that state legislatures — not federal judges, not state judges, not state governors, not other state officials — bear primary responsibility for setting election rules,” at least for federal elections.

In its most extreme form, Gorsuch’s approach could forbid Democratic governors from vetoing congressional gerrymanders passed by Republican legislatures. It could forbid states from using nonpartisan commissions to draw congressional maps. And it could even prevent state supreme courts from enforcing state constitutional safeguards against gerrymandering.

The biggest uncertainty surrounding the Court’s voting rights decisions, in other words, is whether the Court will enable efforts to lock Republicans into power no matter what voters do to elect their candidates of choice, or whether the Court’s majority will, at some point, tell their fellow Republicans in state legislatures that they’ve gone too far.

The answers to these questions, moreover, won’t be found anywhere in the Constitution, or in any law enacted by Congress. The Roberts Court’s voting rights cases bear far more resemblance to the old English common law, a web of entirely judge-created legal rules governing areas such as contracting and property rights, than they do to the modern, more democratic model where federal judges are supposed to root their decisions in legal texts. The future of democracy in the United States will be decided by six Republican-appointed justices’ arbitrary whims.

And, if a majority of the justices do support a wholesale attack on liberal democracy, their actions will hardly be unprecedented.

Nearly a century before President Lyndon Johnson signed the Voting Rights Act, Congress and state legislatures passed a different kind of legislation that was supposed to guarantee the franchise to people of color.

It’s called the 15th Amendment, with its command that “the right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.”

The pre-Voting Rights Act United States did not deny voting rights to millions of African Americans because we lacked a legal guarantee protecting the right to vote. We did so because powerful public officials — including judges — decided that they did not care what the Constitution had to say about voting rights.

We’re about to find out whether the Supreme Court is going to repeat that history.

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The US Blockade on Cuba Must End Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=43875"><span class="small">Branko Marcetic, Jacobin</span></a>   
Wednesday, 21 July 2021 08:20

Marcetic writes: "For sixty years, the United States has aimed to strangle Cuba's economy and inflict misery on the Cuban people. Blockades are methods of war - and it's time for the war on Cuba to end."

Richard Nixon, then Dwight D. Eisenhower's vice president, met with Cuba's Fidel Castro on April 19, 1959, in Washington, DC. (photo: unknown)
Richard Nixon, then Dwight D. Eisenhower's vice president, met with Cuba's Fidel Castro on April 19, 1959, in Washington, DC. (photo: unknown)


The US Blockade on Cuba Must End

By Branko Marcetic, Jacobin

21 July 21


For sixty years, the United States has aimed to strangle Cuba’s economy and inflict misery on the Cuban people. Blockades are methods of war — and it’s time for the war on Cuba to end.

hey always blame the United States,” Sen. Marco Rubio (R-FL) said on the Senate floor this week. “The embargo, the first thing they blame, it’s the embargo. ‘The embargo is causing all this.’”

Not long after the UN General Assembly voted for the twenty-ninth straight year to condemn the six-decade-long US embargo on Cuba — a 184-2 vote that pitted only the US and Israeli governments against the rest of the entire world — the country has erupted in massive protests over widespread food and medicine shortages. A chorus of voices, ranging from Bernie Sanders and other congressional progressives to former Brazilian president Luiz Inácio Lula da Silva and Mexican president Andrés Manuel López Obrador, have blamed the conditions on the long-standing US policy, and called for it to be finally lifted.

Regime-change advocates like Rubio have pushed back against this. For them, the embargo is irrelevant to what’s now happening in the country, which they claim instead is a product of “six decades of suffering under totalitarian socialism and communism.” Predictably, their preferred response to the current protests doesn’t involve ending the policy.

But the reality is that the US “embargo” — or blockade, more accurately — was designed to exacerbate scarcity and encourage social unrest in Cuba. For decades, the blockade has strangled the country’s economy and deprived Cubans of access to essentials like medical supplies, its success at creating misery only intensifying with the fall of the Soviet Union, the coronavirus pandemic, and four years of “maximum pressure” under President Trump.

As eighty House Democrats told Joe Biden at the start of this year, “with the stroke of a pen,” he could undo Trump’s actions and “assist struggling Cuban families and promote a more constructive approach by promptly returning to the Obama-Biden administration policy of engagement and normalization of relations.” But this obvious course of action is the very least Washington should do. The US blockade has been a generations-long undeclared economic war on Cuba, one that has consistently failed even on its own terms while inflicting enormous pain on ordinary Cubans.

The Undeclared War

The US blockade on Cuba has been a key part of Washington’s long-standing war on the country, launched shortly after Fidel Castro led a revolution overthrowing the country’s US-backed military dictatorship in 1959.

Things didn’t start out entirely hostile. The Eisenhower administration publicly took a cagey wait-and-see attitude toward the new government. Meeting with Castro for three and a half hours, then–vice president Richard Nixon advised him, according to a post-meeting memo, “that it was the responsibility of a leader not always to follow public opinion but to help to direct it in proper channels, not to give the people what they think they want at a time of emotional stress but to make them want what they ought to have.” With a tinge of regret, Nixon recounted that Castro’s “primary concern was with developing programs for economic progress.”

By September that year, as Castro restricted private ownership of agricultural land and prepared to nationalize foreign-owned industry, the US ambassador to the country expressed “our serious concern at the treatment being given American private interests in Cuba.” The next month, president Dwight Eisenhower approved a program backing anti-Castro elements — including Cuban exiles launching raids on the country and, later, US-supplied sabotage and bombing campaigns — in the hopes that it would topple Castro and make him appear to have caused his own undoing.

By December, a CIA division head would advise that “thorough consideration be given to the elimination of Fidel Castro.”

The Cold War gave this US mission extra urgency. Eisenhower warned the Soviets in 1960 that his administration wouldn’t tolerate “the establishment of a regime dominated by international communism in the Western hemisphere,” in line with long-standing Washington doctrine that the US government would intervene in countries in the hemisphere if they ran counter to US interests.

Hoping to stop the spread of “Castroism” and end it in Cuba, Washington pressured other Latin American countries to cut off diplomatic ties, travel, and arms shipments to the country, threatening to suspend military aid and other penalties to those who didn’t comply, eventually twisting enough arms to expel Cuba from the Organization of American States. After successfully pressuring European and Canadian banks to cancel and refuse loans to the Cuban government, what was termed a US “quarantine” of the country began in October 1960, barring all exports to Cuba, aside from food and medical supplies, and over the next few years adding all trade, imports, and even goods from third-party countries containing Cuban materials. By 1963, under John F. Kennedy, the blockade as we know it today was fully in place.

This was no small thing. A blockade — distinct from an embargo, by including imports and trying to coerce third-party countries — is a method of war that, under international law, is meant to only take place during armed conflict. It’s not for nothing that legal scholars have argued that the blockade of Cuba is a serious violation of international law, not least for the fact that it’s aimed explicitly at forcing a change in government. Even the US government’s own legal advisors determined in 1962 that it “could be regarded by Cuba and other Soviet bloc nations as an act of war.”

Just as Nixon would respond to the 1973 election of a socialist government in Chile by ordering the CIA to “make the economy scream,” US policymakers openly hoped impoverishing and starving the Cuban people would lead them to overthrow Castro. “Every possible means should be undertaken promptly to weaken the economic life of Cuba,” one State Department official wrote in 1960, in order “to bring about hunger, desperation and overthrow of government.” Eisenhower said it more plainly: “If they (the Cuban people) are hungry, they will throw Castro out.”

Tightening the Screws

As Cuba’s largest and closest trading partner, the United States produced an immediate impact on its economy when it ended trade. The share of Cuban exports going stateside plummeted from the more than 60 percent it stood at through the 1950s to less than 5 percent by 1961, while the roughly 70 percent of imports that entered the country from the United States by the end of the 1950s cratered at less than 4 percent. By 2018, a UN agency estimated the embargo had cost Cuba more than $130 billion over six decades, significant for a country whose average annual GDP is a mere fraction of that sum.

It was the Soviet bloc that kept Cuba’s economy afloat for decades, both through billions of annual subsidies and by filling the trade vacuum left by the United States, becoming responsible for 79 to 90 percent of Cuba’s overseas trade. From fuel, machinery, and parts, to fertilizers, pesticides, and even the fats used to make soaps, the resources that allowed life and the economy in Cuba to function normally flowed because of Cuba’s integration into a broader Communist camp.

The Soviet Union’s dissolution in 1991 was the biggest of several shocks that hit the Cuban economy that decade, leaving it more vulnerable than ever to the US blockade. GDP nose-dived by 35 percent, while agricultural output and manufacturing capacity collapsed by 47 and 90 percent, respectively. Construction and passenger transportation plunged by more than 70 percent each, while food queues, hours of no running water, and blackouts became a regular part of life. With soap suddenly needing rationing, Cubans had to make do with four measly bars a year.

Smelling blood, US lawmakers moved in for the kill. When Cuban trade with US corporate subsidiaries sharply rose in the wake of the Soviet crack-up, US congress passed the Cuban Democracy Act the following year to bar the practice, over the objections of the European Community and other allies, leading to the cancellation of dozens of trade deals with the country. On top of this, the law banned the sale of food for the first time (later repealed, sort of) and created a licensing regime for medicine and medical equipment so onerous that it functionally served to end medical commerce with the country. US lawmakers, it seemed, had no problem with heavy-handed government interference in the private sector, so long as it was at the service of overthrowing a government they didn’t like.

The EU similarly objected to the 1996 Helms-Burton Act, which took authority for the blockade away from the president and gave it to Congress, all but cementing it into place. Besides making revolution a prerequisite for lifting it, it further discouraged foreign investment into Cuba by, for instance, denying US visas to representatives of firms doing business with confiscated US property. This, even though a year later US military and intelligence agencies determined that “Cuba does not pose a significant security threat to the United States or other countries in the region,” and the Pentagon concluded the same thing a year after that.

The results, as you might imagine, were brutal. After a yearlong investigation, the American Association for World Health concluded in 1997 that the blockade had “dramatically harmed the health and nutrition of large numbers of ordinary Cuban citizens” and “caused a significant rise in suffering — and even deaths — in Cuba” through “critical shortages of even the most basic medicines and medical hardware.”

The report painted a chaotic picture: increased disease as a result of more untreated water and less soap; ambulances, other emergency services, and health care facilities unable to function properly thanks to power outages and a lack of resources like fuel; high rates of anemia, iron deficiency, and undernourishment, the latter of which affected 22 percent of the population at one point; and hundreds of medicines out of reach or only sometimes available, made all the worse by pharmaceutical megamergers. Little surprise that 1994 saw similar civil unrest in Cuba as we’re seeing now.

These conditions were celebrated by the right-wing Heritage Foundation that year. Describing with relish reports of mothers turning to sex work, families subsisting on one meal a day, and the return of diseases like malaria, it urged the US government to keep the blockade in place until Castro’s government collapsed and to deny him a “much-needed safety valve” by turning away Cuban refugees. It casually noted the policy would likely lead to more repression for the Cuban people and possibly end in “bloodshed, armed conflict, and chaos,” before concluding, with no trace of irony, that “the United States must not abandon the Cuban people by relaxing or lifting the trade embargo.”

So, when Marco Rubio says today that “food, medicine and gas shortages are sadly nothing new in Cuba,” he’s right: modern history’s longest blockade has ensured these problems have been going on for a long time.

Economic Sabotage

That Cuba weathered all this is a testament to the benefits of what’s possible with a government that takes an active role during crises and seeks to guarantee economic security. With belt-tightening inevitable, the government launched a program of “humanistic austerity,” with major cuts to the state sector but increased health care and social spending, and food, clothing, and other goods rationed to prioritize vulnerable groups like pregnant women and the elderly.

Yet such temporary measures have their limits, as we’re seeing now. While Cuba’s economy is certainly plagued by serious issues separate from US policy, the ills being felt most acutely are overwhelmingly driven by two factors: the Trump administration’s “maximum pressure” strategy and the pandemic.

Over his four years in office, Trump signed more than two hundred directives aimed at making Cuba’s economy scream. He sharply restricted remittances (to one family member at a maximum of $1,000 per quarter) before effectively banning them outright. He also barred US travelers from carrying out any transactions with entities tied to the military and intelligence and security services, in practice an attack on both Cuba’s ability to draw foreign investment and its crucial tourism industry, given the heavy involvement of the military’s business conglomerate in, by one estimate, 60 percent of the economy. And he put sanctions on shipping companies and vessels transporting oil to Cuba from Venezuela, on top of an existing embargo on the country, which subsidized and supplied a third of Cuba’s oil consumption in 2019.

The impact was swift and clear. The targeting of Venezuela’s oil exports has led to more rationing of energy, shortages of personal hygiene products the government can’t afford while it buys fuel on the open market, and oxen replacing tractors on farms. Trump’s attacks on remittances led to the eventual closure of Western Union on the island, imperiling hundreds of thousands of Cuban families. And after an Obama-era uptick in tourism, Trump’s various restrictions on travel, including a 2019 cruise ban, saw tourist numbers drop for the first time in a decade, by 9.3 percent over 2018 to 2019, and nearly 20 percent over the year after that, with US visitors declining close to 70 percent.

On top of all this, the decline in both remittances and tourism deprived the country of key sources of hard currency. That’s caused the government’s further struggle in paying overseas creditors, hobbled its ability to import the 60 to 70 percent of its food supply it gets from overseas, and motivated its creation of the high-priced dollar stores that have been a core source of anger driving the current protests.

While it may be true the US blockade technically no longer applies to food nor prevents trade with other countries, Washington’s overlapping web of sanctions — by doing everything from depriving Cuba of oil and foreign-exchange currency to crippling its economy more generally and forcing tough trade-offs in overseas purchases — has effectively closed the door on both.

All of this would’ve been hard enough to navigate at the best of times. But in 2020, Cuba, like the rest of the world, saw its economy further devastated by the coronavirus pandemic that exacerbated every one of these problems: it brought tourism to a standstill, further strangled the entry of hard currency, worsened food shortages, and caused job losses that made Cubans ever more dependent on the foreign remittances Washington was determined to choke out. Over the year, the country saw its economy shrink 11 percent.

As the pandemic magnifies the devastation of the US blockade, the blockade has in turn made it harder for Cuba to handle the pandemic. In July 2020, a UN special rapporteur concluded the blockade was “obstructing humanitarian responses to help the country’s health-care system fight the COVID-19 pandemic.” Among other things, the blockade stopped medical aid and money transfers from overseas companies and humanitarian organizations, denied Cubans the ability to use Zoom, precluded the country’s purchase of ventilators, and caused a shortage of these and personal protective equipment (PPE), while blocking a donation of pandemic aid from China’s richest man.

Oxfam reports the blockade has had a “drastic effect on Cuba’s vaccine industry,” making it difficult to obtain the necessary raw materials. Even so, the state’s generous and long-term investment in health care and education means it was able to develop its own COVID vaccine — only to then face a shortage of syringes, the blockade making it difficult to buy them from manufacturers.

It’s the blockade, too, that has driven the pandemic’s resurgence on the island, a big driver of the current protests. The economic squeeze pushed a desperate Cuba to reopen the country to tourism in November, which, combined with shortages of PPE and a shortfall of 20 million syringes, led to a jump in cases. Still, it’s rich for the Rubios of the world to charge that “the regime’s disastrous COVID response is the predictable result of a corrupt government” as they beat the drums of regime change, when, even with Washington’s determined effort to sabotage Cuba’s pandemic recovery, its response — with 1,608 deaths as of July 12 — doesn’t even come close to the mass death of US citizens engineered by Rubio and his ilk during the pandemic.

Of course, none of this matters to Washington politicians who don’t think twice about casually starving and killing foreign people, whether by bombs or economic sanctions. But the irony is that the blockade has had a devastating effect on Cuba’s private sector, which is heavily dependent on tourism and on traveling to the US to buy materials. Nor is it particularly good for American industry either, with the blockade estimated to cost US businesses and farmers nearly $6 billion a year in export revenue.

Nor is it popular. For years, polling has shown a majority of Americans, even a fluctuating majority of Cuban Americans in South Florida, support ending the blockade, likely realizing that it’s both inhumane and, after nearly sixty years, ineffective.

Unfortunately, true to his Trump-lite approach to foreign policy, Biden has broken his campaign promises and is steadfastly continuing Trump’s Cuba policy, departing from the successful approach of the very Democratic administration he served in. Even as he “calls on the Cuban regime to hear their people and serve their needs,” Biden refuses to lift the Trump restrictions on remittances that more of those Cubans now depend on than ever.

Washington’s Handiwork

The unrest last week in Cuba cannot be fully understood outside the context of the blockade. None of this absolves the Cuban government over its repression of dissidents, or for the mistakes made in the course of the country’s economic management. But to put the stress on its “Soviet-style, centrally planned economy” and insufficient zeal in market reforms as the cause of the country’s woes, and not the more than half century of warfare waged by the world’s biggest power, is misleading to say the least.

Short of sadism and imperial hubris, there’s no good reason for the blockade to continue against a country that poses no threat to the United States, and which creates overwhelming misery for the ordinary people figures like Donald Trump and Joe Biden claim to stand with. And while removing it in full will be a heavy lift, requiring getting Congress on board, the president on his own could at least roll back the Trump policies he himself once acknowledged were an abominable failure.

Not doing anything will only drive home how hollow establishment lip service to human rights is.

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The Radical Women Who Paved the Way for Free Speech Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=17265"><span class="small">Margaret Talbot, The New Yorker</span></a>   
Tuesday, 20 July 2021 13:25

Talbot writes: "Anthony Comstock may be the only man in American history whose lobbying efforts yielded not only the exact federal law he wanted but the privilege of enforcing it to his liking for four decades."

Emma Goldman is pictured in her mug shot, taken when she was wrongly implicated in the assassination of President William McKinley in 1901. (photo: Emma Goldman Papers)
Emma Goldman is pictured in her mug shot, taken when she was wrongly implicated in the assassination of President William McKinley in 1901. (photo: Emma Goldman Papers)


The Radical Women Who Paved the Way for Free Speech

By Margaret Talbot, The New Yorker

20 July 21

 


Anthony Comstock’s crusade against vice constrained the lives of ordinary Americans. His antagonists opened up history for feminists and other activists.

nthony Comstock may be the only man in American history whose lobbying efforts yielded not only the exact federal law he wanted but the privilege of enforcing it to his liking for four decades. Given that Comstock never held elected office and that the highest appointed position he occupied in government was special agent of the Post Office, this was an extraordinary achievement—and a reminder of the ways that zealots have sometimes slipped past the sentries of American democracy to create a reality that the rest of us must live in. Comstock was an anti-vice crusader who worried about many of the things that Americans of a similar moral and religious cast worried about in the late nineteenth century: the rise of the so-called sporting press, which specialized in randy gossip and user guides to local brothels; the phenomenon of young men and women set loose in big cities, living, unsupervised, in cheap rooming houses; the enervating effects of masturbation; the ravages of venereal disease; the easy availability of contraceptives, such as condoms and pessaries, and of abortifacients, dispensed by druggists or administered by midwives. But Comstock railed against all these things more passionately than most of his contemporaries did, and far more effectively.

Nassau Street, at the lower tip of Manhattan, was a particular horror to him—a groaning board of Boschian temptations. As Amy Sohn details in her fascinating book “The Man Who Hated Women: Sex, Censorship & Civil Liberties in the Gilded Age” (Farrar, Straus & Giroux), when Comstock arrived in New York as a young man, just after the Civil War, he was appalled to see an open market in sex toys and contraceptive devices (both often hawked as “rubber goods”), along with smutty playing cards, books, and stereoscopic images. At the wholesale notions establishment where he held a job, Comstock lamented that the young men he worked with were “falling like autumn leaves about me from the terrible scourges of vile books and pictures.”

Comstock, who was born in 1844, had been raised on a hundred-and-sixty-acre farm in New Canaan, Connecticut, with a view of the Long Island Sound. At home, where his mother, a direct descendant of the first Puritans in New England, read her children Bible stories, he seems to have been a model of good deportment. At school, his better angels appear to have left him exposed—he was often whipped for misbehavior, and sometimes the schoolmasters, with a diabolical flair for sowing gender discord, made him sit with the girls and wear a sunbonnet. He did not attend university, but over time he developed a vigorous rhetorical style. “One cannot get away from a book that has once been read,” he observed. He brought his moral ardor with him when he served a mostly peaceful stint with the Union Army in Florida, fighting what seems to have been a losing battle with the urge to masturbate and incurring the ill will of his fellow-soldiers by pouring out his whiskey rations before anyone else could get at them. For Comstock, the stakes were, always, almost unbearably high. “Lust defiles the body, debauches the imagination, corrupts the mind, deadens the will, destroys the memory, sears the conscience, hardens the heart, and damns the soul,” he wrote.

In 1872, the Y.M.C.A., then an organization aimed at keeping young men in big cities whistle-clean in thought and deed, worked with Comstock to form a Committee for the Suppression of Vice. He was given his dream job, carrying out the committee’s investigations, which involved, among other tactics, sending decoy letters ostensibly from people in search of birth-control information or pictures of naked ladies. The following year, he travelled to Washington, D.C., where he successfully lobbied for the passage of a law that made it a crime (punishable in some cases with up to five years of hard labor) to publish, possess, or distribute materials “of an immoral nature” or to mail anything that was “obscene, lewd, or lascivious.” It was the first federal law governing obscenity; as the legal scholar Geoffrey R. Stone notes in his book “Sex and the Constitution,” prior to the religious-revival movement known as the Second Great Awakening, “government efforts to censor speech were directed at religious heresy and seditious libel, rather than sexual expression.” For most of the nineteenth century, abortion was legal under common law and generally acceptable to the public before the stage of quickening—when fetal movement can be felt by the mother—and some of those who provided it were not particularly discreet. (The society abortionist Madame Restell lived in a mansion on Fifth Avenue and took carriage rides in Central Park draped in ermine robes.) And the declining family size in the course of the nineteenth century—from an average of seven children to half that—suggests that the use of birth-control methods became common; the advertising of contraceptive devices, their purpose often coyly disguised, certainly was.

The Comstock Act, as it came to be known, did not define obscenity, and that omission would give rise to a long chain of court cases and to a subjective befuddlement that lasts to this day. (Each of us may think that, like the Supreme Court Justice Potter Stewart, we know it when we see it, but not everyone sees what we see.) Still, the bill did explicitly tie contraception and abortion to obscenity, and enable the prosecution of people who were sharing what was essentially medical information about sexuality and reproduction. This, too, was an innovation: like so many subsequent attempts to restrict birth control and abortion over the years, the Comstock law made them less available to the poor, surrounded them with shame, and stymied research into safer and more reliable methods, without coming close to stamping them out. “Comstockery” became a synonym for the sort of American prudishness that got works of literature banned in Boston. But books could acquire a certain cachet from their placement in the censor’s crosshairs. The more profound damage was to ordinary people—women, in particular—for whom the new law rendered life objectively harder.

Part of what made Comstock more successful than other anti-vice crusaders was his early understanding of the mail as a social medium. In that respect, he was like one of those Silicon Valley visionaries who understood the potential of the Internet long before most people did. The postal service is “the great thoroughfare of communication leading up into all of our homes, schools, and colleges,” Comstock said. “It is the most powerful agent, to assist this nefarious business, because it goes everywhere and is secret.” When he heard that President Ulysses S. Grant had signed the obscenity bill into law, Comstock wrote in his diary, “Oh how can I express the joy of my Soul or speak the mercy of God!” Soon afterward, he got himself appointed as a special agent of the U.S. Post Office, empowered to read and seize mail, and to make arrests.

During the next dozen years, almost half the state legislatures passed their own “little Comstock laws,” which were sometimes stricter: fourteen states prohibited people from sharing information about birth control or abortion even in conversation. In rendering a verdict, the courts generally relied on a British legal precedent known as the Hicklin test: if a single line in a work was deemed obscene, the work was obscene. Wearing his law like a bespoke suit of armor, Comstock seized and destroyed literature by the ton, and drove brothels and gambling houses and peddlers of erotica out of business. (One angry pornographer slashed Comstock’s cheek, leaving him with a livid scar under his muttonchops.) He also harassed and arrested health practitioners who offered abortions or birth control and radicals who promoted free love and safe sex.

Although the title “The Man Who Hated Women” refers to Comstock, Sohn’s book is not a biography, and that’s all to the good; there are solid, recent biographies of Comstock out there already. Sohn, a novelist—this is her first nonfiction book—focusses instead on some of the women who resisted Comstock and his law, offering an alternative history of feminism and of the free-speech movement in America. There were certainly men who fought against Comstockery—outspoken journalists and a host of lawyers who defended banned works of literature and sex education against bluenosed censors. But Sohn points out that the women who did so were especially brave, since many of them were persecuted and prosecuted under the law at a time when they did not have the vote and could not serve on juries—and when a lady who spoke openly about sex might be assumed to have gone mad and be treated accordingly.

A few of Comstock’s targets who feature in Sohn’s book are well known—Margaret Sanger, Emma Goldman—and many readers will know, too, about Madame Restell and the flamboyant suffragists, newspaper publishers, and stockbrokers Victoria Woodhull and Tennessee Claflin, Woodhull’s sister. But the others are likely to be much less familiar—they are the deep cuts, sexual freethinkers left aside by most social histories of the era. “Despite their extraordinary contributions to civil liberties,” Sohn notes, most of these “sex radicals have been written out of feminist history (they were too sexual); sex history (they were not doctors); and progressive history (they were women).” These are good explanations, but there is another one: their essential weirdness. They’re like the outsider artists of activism, creating their own unschooled, florid, and enraptured works of protest. Reading Sohn, I grew quite fond of them.

Angela Heywood, for instance, was a working-class woman from rural New Hampshire who, with her husband, Ezra, became a public advocate for “free love,” which they defined as “the regulation of the affections according to conscience, taste, and judgment of the individual, in place of their control by law.” The Heywoods sound at times like a contemporary couple who might have met at an Occupy demonstration and settled down in Brooklyn doing something artisanal. Before they married, Ezra had left his graduate studies at Brown to become a travelling antislavery lecturer. Angela supported the abolitionist movement as well, and held a series of odd jobs. The Heywoods, who put down stakes in central Massachusetts, were happily monogamous, but believed that the institution of marriage should be reimagined on more egalitarian terms. They denounced debt and wanted to disband corporations. They also published frank guides to conjugal relations and a journal, which brought them to the attention of Comstock, while operating a tasteful, rustic inn where one of their young sons, Hermes, ran around in girls’ clothes.

At the same time, the Heywoods were steeped in ideas that are harder to identify with today—including nineteenth-century spiritualism and hereditarianism. Angela believed that she could commune with the beyond, and thus enjoyed a prophetic authority to speak that was seldom granted to Victorian women. (A friend said, “She has visions, hears voices and dreams, and she is at times a whirlwind of words.”) They were not fans of artificial contraception—they counselled that men should practice continence instead—and thought that unwanted children were more likely to suffer from physical defects than wanted ones were. They disapproved of abortion, too, though they argued that men should not be able to dictate the laws that governed women’s bodies.

For all that, the Heywoods ended up inspiring mainstream defenses of free expression that, as Sohn shows, had a lasting impact. Comstock’s tireless harassment of the couple, along with the arrests and trials of Ezra Heywood, helped prompt the formation of an organization called the National Defense Association, which aimed to “roll back the wave of intolerance, bigotry and ignorance” and defend “cherished liberties.” In the eighteen-seventies and eighties, Angela wrote tributes to graphic language and her right to use it in public, anticipating later iterations of such advocacy, from George Carlin’s “Seven Words You Can Never Say on Television” to “Our Bodies, Ourselves.” Regretting that she herself hadn’t been tried and sentenced instead of her husband, she wrote, “The he was imprisoned in part to shut up the she tongue-pen-wise. But I am still at it; penis, womb, vagina, semen are classic terms, well-revered in usage.” She praised the “aptness, euphony, and serviceable persistence” of “such graceful terms as hearing, seeing, smelling, tasting, fucking, throbbing, kissing and kin words.” The Heywoods also helped articulate grander principles of free expression and the right to privacy. “If government cannot justly determine what ticket we shall vote, what church we shall attend, or what books we should read,” Ezra wrote, “by what authority does it watch at key-holes and burst open bed-chamber doors to drag lovers from sacred seclusion?”

In the last decades of the nineteenth century and the first of the twentieth, the National Defense Association and a group called the Free Speech League held enormous rallies and fervent fund-raising dinners not only for the Heywoods but for still trippier and more marginal sex radicals. The National Defense Association came to the aid, for example, of Sara Chase, a forty-one-year-old homeopathic physician and single mother, whom Comstock arrested on obscenity charges in 1878. Chase gave afternoon lectures on sexuality at an outfit called the New York Physiological Society, on West Thirty-third Street, which also featured music, conversation, and recitations. Comstock nabbed her, Sohn tells us, for selling a vaginal syringe that could be used to inject spermicide after intercourse, and for, in his words, “all the filthy detail” she “used in describing this article and its use.” Chase had a sense of humor. She filed a lawsuit against Comstock for false arrest—“a startling act of defiance,” as Sohn says—while continuing to market the offending item, now under the moniker “the Comstock syringe.” An ad in her health journal read “We trust that the sudden popularity brought to this valuable syringe by the benevolent agency of the enterprising Mr. Comstock, will prove to suffering womankind the most beneficent of his illustrious life.”

Ida Craddock was a lecturer and writer on the “divine science” of sex who practiced telepathy and enjoyed frequent, transcendent lovemaking sessions with the ghost of a man she had once known. But Sohn gives Craddock her due as a brave campaigner who inveighed against marital rape, urged husbands to engage in foreplay with their wives and encouraged both partners to get naked during sex, and shared fairly reliable anatomical knowledge. She was also pragmatic enough to keep the ghost on the down low when necessary. She told her lawyer, the young Clarence Darrow, that, if asked about her spirit lover, she would simply say that her husband was dead. Any further inquiries into her spectral sex life should be rejected as a violation of privacy.

Count me in for the time-travel experiment (or at least the HBO series or Atlas Obscura immersive evening) in which I get to see women in ringlets and crinolines and men in bowlers and spats listening to earnest lectures about the giving and getting of sexual pleasure. Taken together, these tales of the unexpected also offer a fresh angle on the history of American free-speech activism. Many of us think of it as beginning with the founding of the A.C.L.U., in 1920, and its defense of political radicals hounded under the Espionage and Sedition Acts, not with dreamy, self-taught sexologists expounding on the delights of the body. The sex radicals and their champions are not entirely unknown. (A biography of Ida Craddock, “Heaven’s Bride,” came out in 2010.) Still, “The Man Who Hated Women” takes us down some hidden passageways leading to larger, more familiar rooms of the past.

We live in a world that Anthony Comstock would have walked through hellfire to prevent. After his death, in 1915, a series of landmark lawsuits, stretching into the nineteen-seventies, gradually eroded the reach of the Comstock statutes. They carved out more and more room for sexually explicit materials and for the distribution of birth control and information about it. The cultural changes wrought by second-wave feminism, gay liberation, the sexual revolution, and capitalism’s limitless capacity to sell people stuff that turns them on did the rest. These days, people are able to name and pursue their sexual desires and identities more freely and openly than ever before. Porn is as instantly available as any utility in the privacy of your home. Evangelical Christians who might be presumed to be Comstock’s heirs helped elect a President who boasted of grabbing women by the pussy. The Communications Decency Act, which sounds like something Comstock could have sponsored, can help Internet-service providers avoid responsibility for, among other noxious developments, the appearance on their platforms of revenge porn and sexualized hatred. For better and for worse, we all live on Nassau Street now.

Strangely, though, one of the phenomena that Comstock most wanted to quash remains vulnerable today. In the next Supreme Court term, the Justices will hear an abortion case that may overturn Roe v. Wade. Even access to birth control is still subject to restrictions; employers with religious objections can refuse to cover contraception in their health plans. The faith-based conviction that life begins at conception, and some notion of motherhood as women’s overarching purpose, continue to exercise influence over policy. As Brett Gary writes, in the forthcoming book “Dirty Works: Obscenity on Trial in America’s First Sexual Revolution,” “women’s reproductive autonomy” persists as “a perpetual source of political controversy and site of conservative political mobilization in part because the patriarchal dimensions of Comstockery remain steadfast in the culture.” On this, more than any other subject, the words of Ezra Heywood still sound radical: a woman’s “right to limit the number of children she will bear is unquestionable as her right to walk, eat, breathe or be still.”

Was Comstock a man who hated women? As Sohn acknowledges, he would not have said so. He would have said that he revered virtuous women—his devout Congregationalist mother, who died when he was ten, just after giving birth to her tenth child; his pious, docile wife; his daughter, whom he’d taken in as a baby, after rescuing her from the arms of her dead mother during a raid on a Chinatown tenement—and believed that his life’s work was to safeguard them. But the language he used to describe the other sort of women, the women he sought to arrest and imprison, was revealing. One anecdote that Sohn relates—she has a gift for summoning up such scenes—reminded me vividly of modern-day Internet trolls. After Ida Craddock was arrested, in 1902, Comstock accompanied her on an elevated train above the streets of New York to the police station: “As she sat quietly in her corner of the seat, he showered her with what she called ‘opprobrious epithets’ and loudly told the other passengers that she wrote filthy books.” Politely, she pleaded with him to stop, saying that a “public conveyance was not a place for the discussion of such subjects.” After her trial, hours before she was to appear in court for sentencing, Craddock killed herself. Looking back on the case a year later, Comstock compared her to a rabid dog that had to be put down: “To those who realize the effect of a mad dog’s bite, it is imperative that mad dogs of all sizes should be killed before the children are bitten.” Craddock addressed a heartbreaking suicide note to her mother, who was embarrassed by her and whose understanding she was perpetually seeking. “The real Ida, your own daughter, loves you and waits for you to come soon over to join her in the beautiful, blessed world beyond the grave, where Anthony Comstocks and corrupt judges and impure-minded people are not known,” she wrote. Purity is in the mind of the beholder, but beware the man who vows to protect yours.

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The Clock Is Ticking on Preventing an Undemocratic GOP Power Grab in the House Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=58376"><span class="small">Walker Bragman, Jacobin</span></a>   
Tuesday, 20 July 2021 13:24

Bragman writes: "Democrats must quickly pass their landmark voting rights legislation if they want to prevent Republicans from gerrymandering their way to a hold on power for the next decade."

Speaker of the House Nancy Pelosi during a news conference with other House Democrats to discuss H. R. 1, the For the People Act. (photo: Caroline Brehman/CQ-Roll Call/Getty Images)
Speaker of the House Nancy Pelosi during a news conference with other House Democrats to discuss H. R. 1, the For the People Act. (photo: Caroline Brehman/CQ-Roll Call/Getty Images)


The Clock Is Ticking on Preventing an Undemocratic GOP Power Grab in the House

By Walker Bragman, Jacobin

20 July 21


Democrats must quickly pass their landmark voting rights legislation if they want to prevent Republicans from gerrymandering their way to a hold on power for the next decade.

ou wouldn’t know it by watching Congress take long summer vacations and slowly mull infrastructure legislation, but Democrats are facing a fast-approaching deadline that could decide the party’s political fate for the next decade.

By August 16, the US Census Bureau is scheduled to release data gathered in the 2020 census to the states, enabling state governments to begin redrawing their legislative and congressional districts.

If Democrats want to have their best shot at preventing Republicans from redrawing red states’ congressional districts in a way that could lock in a GOP House majority for a decade, they need to tweak and pass the For the People Act, their signature voting rights and democracy reform legislation, before that date.

The For the People Act would implement a series of rules and procedures designed to curb partisan gerrymandering, the process of drawing legislative districts to benefit a political party. If the bill isn’t passed before August 16, Democrats could modify its language to ensure some parts of its anti-gerrymandering provisions could take effect retroactively — but not all of the legislation’s original redistricting reforms would be preserved this way. There’s also a risk that some Democrats may end up happy representing new, safely Democratic districts, and thus be less interested in passing reforms.

As of today, the bill has completely stalled. It failed in the Senate last month due to a Republican filibuster, and since a handful of conservative Democrats have steadfastly refused to eliminate or modify Senate filibuster rules requiring sixty votes to advance virtually all legislation, Republicans can continue to block the legislation indefinitely.

It’s not clear how or when Democrats are planning to pass the bill. In recent weeks, Democratic lawmakers in the House and Senate have instead focused on negotiations over infrastructure legislation, a key priority of the Biden White House.

Both legislative houses are currently scheduled to be on recess for much of August. Senate majority leader Chuck Schumer, D-NY, recently indicated he could keep senators in Washington for part of the August recess period — but specifically to work on passing infrastructure legislation.

“The Next Great Civil Rights Bill”

The For the People Act was supposed to be the Democratic Party’s response to ongoing efforts by Republicans to restrict voting rights across the country. Supporters describe it as a democracy infrastructure bill or, as Elizabeth Hira, a policy counselor with the Brennan Center for Justice, calls it, “the next great civil rights bill.”

“Not only is it beating back voter suppression, the likes of which we’ve been fighting since before 1965 with the Voting Rights Act, it actually does the forward-looking work to ask the question about what structural changes would need to exist in our democracy to actually create an inclusive democracy,” Hira says.

To that end, the legislation would establish redistricting rules that include enhanced protections against minority voter dilution, mandate states use independent federal commissions to oversee their redistricting, and require transparency and public participation in the redrawing process.

For Democrats, the need to pass such a package could not be more urgent. Every ten years, following the release of updated demographic data from the US Census Bureau, states redraw congressional and legislative districts. Republicans, who dominated state legislative elections last year, have proven to be willing to use the redistricting process to their extreme advantage.

And yet Democrats remain paralyzed on the issue — a problem stemming from the top.

On the campaign trail, President Joe Biden announced that “a first priority of a Biden Administration will be to lead on a comprehensive set of reforms like those reflected in the For the People Act (H. R. 1) to end special interest control of Washington and protect the voice and vote of every American.”

As president, Biden followed this rhetoric with gestures signaling a desire to overhaul American democracy to be fairer and more inclusive. After the House passed its version of the For the People Act in March, he released a statement that he was looking forward to signing the bill into law. Days later, Biden signed an executive order requiring federal agencies to expand ballot access.

The White House and Democrats even mobilized top brass to back the legislation. Vice President Kamala Harris has led the administration’s voting rights efforts, while former president Barack Obama and ex–attorney general Eric Holder held a teleconference last month urging Congress to compromise in order to get an iteration of the For the People Act passed.

Despite these gestures, however, the For the People Act remains stymied. On June 22, a vote to debate the bill failed in the Senate — much to the chagrin of activists who, for months, have been calling on Senate Democrats and the Biden administration to embrace eliminating the filibuster.

Running Out of Time

Time is running out to pass the For the People Act, says Michael Li, the redistricting and voting counsel at the Brennan Center for Justice. He says August 16, or shortly thereafter, is the deadline for Democrats to pass a bill containing “the most robust [redistricting] reforms possible.”

“You could pass some things after August 16. The partisan gerrymandering ban, for example, could be retroactive,” he says. “But other things like the procedural requirements (the transparency and public participation requirements) could not be implemented.”

But making parts of the bill retroactive could leave it less politically viable, says Li because, as he notes, “As a practical matter, the politics of passage. . . potentially become more complicated once [redistricting] maps are passed.” That’s because members of the House, including Democrats, could in some cases end up pleased with their newly redrawn districts, and therefore less interested in redoing them by passing the legislation.

Because Democrats have waited so long to pass the For the People Act, even if lawmakers find a way to pass the bill before the August 16 deadline, they will now have to rewrite some of its language regarding nonpartisan redistricting if they want it to apply to this cycle.

“It is too late to create federal commissions to draw maps, so even though that is still technically in the bill, it won’t be possible and will need to come out of any final bill,” says Li. “But there is time to implement national map-drawing rules, including a ban on partisan gerrymandering.”

A “Drunken Bacchanalia of Gerrymandering”

The uncertainty about whether Democrats will actually pass the For the People Act and whether it would even make a difference in the redistricting process is concerning for advocates who say there is a unique danger in Democrats not using their current control of the government to do away with gerrymandering once and for all.

“I would have come out of the gates with a partisan gerrymandering bill,” says author David Daley.

Few would know better than Daley. His 2016 book, Ratf**ked: The True Story Behind the Secret Plan to Steal America’s Democracy, recounts how the GOP weaponized the redistricting process after the 2010 midterms in defiance of unfavorable demographic trends.

The plan was called REDMAP and it was simple: pour money into state races to control the process and use it to disempower the opposition. The results were devastating for Democrats.

Democrats did not regain control of the House of Representatives until the 2018 midterms, despite winning a majority of votes in congressional races in 2012, and have faced uphill battles at the state level ever since.

A 2017 study from the Brennan Center described the impact: “In the 26 states that account for 85 percent of congressional districts, Republicans derive a net benefit of at least 16-17 congressional seats in the current Congress from partisan bias — significantly more than previously thought.”

Now, Daley predicts that unless legislation is passed to stop it, this redistricting cycle will be a “drunken bacchanalia of gerrymandering,” making what came before seem tame by comparison.

Law professor Lawrence Lessig shares Daley’s concerns. Speaking to the Daily Poster, Lessig predicts that “the gerrymandering we saw in 2010 is going to be gerrymandering on steroids in 2020.” Lessig notes that in 2010, “people were still worried that the Supreme Court was going to come in and strike down extreme partisan gerrymandering, but now the court said, ‘We’re not going to do anything.’”

The Supreme Court decision Lessig was referring to came down in June 2019 in the case of Rucho v. Common Cause. The court found that partisan gerrymandering was a political issue, and therefore not reviewable by federal courts.

The Rucho decision is not the only one clearing the path for extreme gerrymandering. Six years earlier, in the case of Shelby County v. Holder, the court struck down a key provision of the 1965 Voting Rights Act that laid out the metrics used to determine which jurisdictions needed to obtain federal preclearance before changing their voting laws. The court found that the old standard — which applied to places with a history of racial discrimination — was no longer adequate and left it to Congress to find a new, workable formula. But lawmakers never came up with a substitute.

At the time, Greg Abbott, then Texas attorney general, lauded the decision, noting: “Redistricting maps passed by the Legislature may. . . take effect without approval from the federal government.”

The warnings of Daley and Lessig are likely prophetic. Democrats took a drubbing in down-ballot elections in 2020, despite Joe Biden’s campaign pledge to retake state legislatures.

Making matters worse for the party is its unilateral disarmament in the redistricting wars. In the last decade, several Democratic states, including New York, Colorado, and California, have implemented nonpartisan redistricting measures since the last census, while big red states have not. Most of the thirty-one states in which state legislatures draw the districts as a partisan matter are controlled by the GOP.

All Talk and No Action

Since the failure of the For the People Act in the Senate, Biden has continued to speak about the need for voting rights reform.

Last week, the president pointed out that seventeen states have enacted “28 new laws to make it harder for American to vote, not to mention nearly 400 additional bills Republican members of state legislature are trying to pass.” He labeled the GOP efforts “the 21st century Jim Crow assault.”

“It’s the most dangerous threat to voting and the integrity of free and fair elections in our history,” Biden said.

Despite the tough talk, Biden stopped short of calling for Senate filibuster reforms that might allow Democrats to actually do anything about the threat.

Some Democrats, like House Majority Whip Jim Clyburn, D-SC, have now started pushing to exempt voting rights legislation and other constitutional measures from the filibuster.

It’s a weak proposal, especially since it would mean the filibuster would continue to block major Democratic priorities like overhauling climate policy, reforming labor laws, and increasing the federal minimum wage.

With less than a month left before the census data is set to be released to the states, these efforts and all of the talk about preserving voting rights may be too little, too late. Unless Democrats manage to spring into action, quickly and decisively, Biden may never have full control of Congress again.

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FOCUS: The Fake Heroism of Space Billionaires Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=51635"><span class="small">Robert Reich, Robert Reich's Blog</span></a>   
Tuesday, 20 July 2021 11:51

Reich writes: "Within hours, Jeff Bezos will blast off into space, a week after Richard Branson went up. Another small step for billionaires."

Robert Reich.  (photo: Win McNamee/Getty Images)
Robert Reich. (photo: Win McNamee/Getty Images)


The Fake Heroism of Space Billionaires

By Robert Reich, Robert Reich's Blog

20 July 21

 

ithin hours, Jeff Bezos will blast off into space, a week after Richard Branson went up. Another small step for billionaires.

Once upon a time, long long ago, people with names like John Glenn, Alan Shepard, Buzz Aldrin, and Sally Ride blasted into space. None was selected on the basis of income or wealth, but on skill and rigorous training. Their heroism – and we regarded them as national heroes – symbolized America’s technological prowess and egalitarianism.

I remember as a kid talking with other kids my age about becoming an astronaut. It was something any of us could aspire to if we had enough guts and gumption. The astronauts of that time came from middle-class and blue-collar families. They’d gone to public schools. They were like the rest of us, but their bravery and skill justified their status as national heroes.

The space program itself was quintessential American. In a way, it seemed as if all of us were going into space, risking our lives for the nation, and becoming the first to land on the moon. Yet our pride was not of the nativist variety. We won the space race because we had worked harder, longer, better. Our astronauts were backed by teams of scientists, aeronautical engineers, and aerospace workers who took great pride in their work, and we took pride in all of them. Again and again, we used the term “we” to describe the achievement, a common good.

Today’s space race could not be more different. Bezos, Branson, and Elon Musk, the third billionaire racing into space, aren’t “we.” There’s no common good in their achievement. They symbolize the extreme apex of wealth today, some of it gained by paying their workers rock-bottom wages and shutting out competitors. They’re closer to the robber barons of the first Gilded Age – Andrew Carnegie, Cornelius Vanderbilt, and John D. Rockefeller – whose conspicuous fortunes were founded on wage suppression, union-busting, and monopolization, and whose toys were the first motor cars and airplanes. The new space venturers are not backed by widely-celebrated teams of scientists, engineers, and workers. There is no collective pride in their achievement.

When Branson came down to earth last week, the New York Times wrote admiringly that “billionaire entrepreneurs are risking injury or death to fulfill their childhood aspirations — and advance the goal of making human spaceflight unexceptional.” And it quoted Eric Anderson, chairman of Space Adventures Limited, a company that charters launches to orbit, saying “They’re putting their money where their mouth is, and they’re putting their body where their money is. That’s impressive, frankly.”

Rubbish. If Branson, Bezos, and Musk – or Eric Anderson, for that matter – are advancing anything or anyone, it’s the prospect of making boatloads of money by selling future seats to other people able and willing to pay huge sums for the thrill. At a time when America and the world face existential crises ranging from climate change to raging inequality to deathly pandemics, these ventures into space aren’t impressive, frankly.

If some kids today are inspired by Branson, Bezos, and Musk, the inspiration is more about accumulating money and power than making the nation proud, more about propelling themselves forward than propelling America or the world forward. Sure, it takes some bravery to belt yourself into a rocket next to a few other billionaires who have paid tens of millions for the privilege, but that doesn’t come close to heroism.

We’ve privatized almost everything else, but no one can privatize heroism.

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