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The Crosses (A Poem for Memorial Day) Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=59642"><span class="small">William H. McRaven, The Atlantic</span></a>   
Tuesday, 01 June 2021 08:09

McRaven writes: "I have stood before the crosses as we laid a soldier down. They cast a simple shadow upon the upturned ground."

U.S. soldiers in Iraq. (photo: Alex Majoli/Magnum Photos)
U.S. soldiers in Iraq. (photo: Alex Majoli/Magnum Photos)


The Crosses (A Poem for Memorial Day)

By William H. McRaven, The Atlantic

01 June 21


This poem is dedicated to all the men and women, regardless of faith, who made the ultimate sacrifice for this nation.

have stood before the crosses
as we laid a soldier down.
They cast a simple shadow
upon the upturned ground.

The bugler sounds taps
as each cross its witness bears
to the journey of a soldier
released from earthly cares.

I have stood before the crosses
and prayed a lonely prayer,
in hopes of some redemption
as I struggled to compare

My life of long contentment
with the soldier’s hallowed call
to warrant with his dying breath
a better world for all.

I have stood before the upturned ground
and struggled to compare
my courage and my character
with the man or woman there.

Would I have died a valiant death
in a foreign land,
upon a distant battlefield,
to save my fellow man?

I have stood before the crosses
as the sun was going down,
watching as the shadows faded
upon the upturned ground.

I have looked upon the hillside of
the crosses, row on row,
upon the young and brave of heart
never to grow old.

I have knelt before the crosses
at night, before I sleep,
and made upon my bended knee
a covenant I keep:

To live a life of service,
to honor all our losses,
for those who went before us,
those beneath the crosses.

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Democrats and Republicans Agree That High Turnout Hurts the GOP. But What if They're Wrong? Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=59640"><span class="small">John Ward, Yahoo! News</span></a>   
Tuesday, 01 June 2021 08:09

Ward writes: "For two decades, many top Democratic strategists have supported the idea that demography is destiny and that high turnout will automatically benefit their party at the ballot box."

Voters at a polling precinct. (photo: Jessica McGowan/Getty Images)
Voters at a polling precinct. (photo: Jessica McGowan/Getty Images)


Democrats and Republicans Agree That High Turnout Hurts the GOP. But What if They're Wrong?

By John Ward, Yahoo! News

01 June 21

 

or two decades, many top Democratic strategists have supported the idea that demography is destiny and that high turnout will automatically benefit their party at the ballot box.

As such, they’ve increasingly designed political strategies around the idea that if they get enough voters to the polls — especially the young and people of color — they can win elections and create a permanent governing majority.

Republicans, for their part, have also spent the last 20 years believing that high turnout and immigration rates hurt the GOP. Last year, then-President Donald Trump warned that high voter turnout would doom Republicans. And in the last few months, Fox News personalities have told their viewers that immigrants are going to “replace” native-born Americans and dilute their share of the vote.

And now, in Washington, members of Congress are locked in a bitter struggle over legislation to expand voting rights that is straining the Senate’s ability to function.

The apocalyptic language and heated tempers of the voting wars, however, are based to some degree on a myth. There’s little evidence that when more people vote it helps Democrats more than Republicans, according to two academics who have studied the impact of turnout on election outcomes.

“I assume that there are, you know, genuine beliefs on both sides. You know, the conservatives want election integrity and Democrats want access, but it is the case that it fits their partisan strategic motives as well. At least they think it does,” said Daron Shaw, a professor of government at the University of Texas, who co-authored the book “The Turnout Myth” with John Petrocik, professor emeritus of political science at the University of Missouri.

“There's really not much evidence supporting the strategic partisan motivation for Democratic and Republican positioning on these issues,” Shaw said in an interview on “The Long Game,” a Yahoo News podcast. “They've politicized issues that ought to be more thoughtfully considered.”

In their book, Shaw and Petrocik compile data showing that vote switching among casual voters — whom they call “peripheral” and others call “low-information” — is the biggest driver of who wins and who loses. And this vote switching, they argue, is driven by the short-term external forces shaping the race, such as the economy, as well as by the broad messages, performances and identities of the candidates.

These short-term forces, they contend, “produce shifts in the decisions of [voters] who consistently show up for elections. They have an even larger effect on those who are not consistent [voters].”

The implications of this are significant. It means that much of the broad-scale strategy of the two political parties for a good part of this century has been, to put it mildly, unscientific.

Shaw and Petrocik’s hypothesis does not discount the importance of voting rights at a time when much of the Republican Party has committed itself to making it harder to vote. And they do not argue that turnout rates don’t matter. But their findings do have two significant implications.

One is for the way Democrats think about how to win elections. They have leaned too heavily in recent elections on mobilizing hard-core supporters and not focused enough on persuading voters, especially those who don’t pay a lot of attention to politics. The second implication is for how Republican voters think about the country becoming less white.

Many Democrats were influenced by a 2002 book called “The Emerging Democratic Majority,” by journalist John Judis and political scientist Ruy Teixeira. They argued that Democrats could regain the kind of political dominance they held for much of the 20th century, in part because the country was becoming more racially diverse. This argument — and the way it was oversimplified — also likely informed the way Republicans have thought about elections since then.

But Teixeira has since written extensively about how the book was misinterpreted. “We also emphasized that building this majority would require a very broad coalition, including many voters drawn from the white working class. This crucial nuance was quickly lost. And so, many Democratic pundits, operatives and elected officials have falsely come to believe that demographics are destiny,” Teixeira wrote last year.

By 2008, Teixeira said, many Democrats had lost sight of the nuance entirely.

“After Obama’s historic victory [in 2008], our theory morphed from provocative projection to sacred gospel. Instead of focusing on the fact that this emerging majority only gave Democrats tremendous potential if they played their cards right, many progressives started to interpret it as a description of an inevitable future,” Teixeira wrote. “Democrats came to believe that demographic changes were saving them from the need to appeal to voters beyond the ranks of their most supportive groups.”

“That was a huge mistake,” he said. Teixeira noted that in the 2020 election, white working-class voters still represented 44 percent of all eligible voters in the country. That was down from 51 percent in 2008, but still accounted for nearly one out of every two Americans eligible to cast a ballot.

In their zeal to lean in to their most loyal supporters, Democrats have also glossed over the fact that Latinos are not a slam dunk for them.

“The data shows that many Latino voters, who represent the fastest-growing share of the electorate, are not firmly part of the Democratic base. Instead, they seem to be persuadable voters, presenting a potential opportunity for both Democrats and Republicans,” Nicole Narea wrote recently for Vox.

“This is especially true for voters who aren’t hyper partisan: new and infrequent voters, as well as people who flipped their votes in 2020 or who decided to sit the election out entirely.”

These “new and infrequent voters” are the same group that Shaw and Petrocik refer to as “peripheral voters.” And even though turnout in 2020 soared to its highest level in decades, it’s worth noting that there were 70 million Americans who were eligible to vote and did not do so, representing a massive group whose behavior at the polls is hard to predict and open to persuasion efforts by both parties.

Narea also wrote, based on data from the progressive data firm Catalist, that while a majority of Latinos supported Joe Biden in 2020, the demographic saw an 8-point swing toward Trump compared with 2016.

And this gets to the second major implication of the turnout myth: Republican fears of a more diverse country appear to have been largely unfounded.

The 2020 election was a perfect example of this. The GOP lost the presidency but won most of the competitive U.S. Senate races and gained seats in the House. It also did much better in state legislative races than expected.

This all took place with what Catalist declared was the “most diverse electorate ever.”

Earlier this month, Nate Cohn explained in the New York Times that voters’ increasing diversity stems mainly from the fact that there are more Hispanics, Asian Americans and multiracial people eligible to vote. “Those groups back Democrats, but not always by overwhelmingly large margins,” Cohn said. So while Black voters remain overwhelmingly Democratic — although somewhat less so than they did in the Obama era — newer immigrants and their descendants don’t always vote as a liberal bloc.

In addition, population growth is exploding most in the South and West, often in states that lean Republican, and “where the Democrats don’t win nonwhite voters by the overwhelming margins necessary to overcome the state’s Republican advantage.”

“The increasing racial diversity among voters isn’t doing quite as much to help Democrats as liberals hope, or to hurt Republicans as much as conservatives fear,” Cohn concluded.

As for the voting wars in Congress, political scientist Lee Drutman agreed with Shaw and Petrocik’s conclusions but added a note of caution about the flurry of voting restrictions being passed by Republican state legislatures.

“Mostly, political scientists have found minimal effects of changes in voting laws on turnout. However, the effect is not zero, and given how knife’s-edge close many elections are, even a minimal effect can be consequential,” said Drutman, a senior fellow in the political reform program at the New America Foundation. “More significantly, these laws are being passed by politicians who are explicitly stating partisan goals, violating the most basic norms of democratic fairness.”

Still, Drutman said that partisan gerrymandering, in which congressional districts are drawn in such a way to give one party an advantage, are a much bigger problem for American democracy in terms of impact.

Shaw, meanwhile, said that the fraught political battles in Washington over voting accessibility reflect an inability or unwillingness to focus on the facts when it comes to what decides elections.

“I think we’ve somewhat lost our way in most of our willingness to try to articulate a politics that is engaging to peripheral voters and draws them in. There’s a sense that it’s a sucker’s bet among political professionals and they don’t want to do it,” Shaw said.

“Our argument is that if you really want to expand your coalition, you’ve got to figure out how to do that. And neither party seems to be all that interested in doing it.”

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Big Oil's Bad, Bad Day Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=35861"><span class="small">Bill McKibben, The New Yorker</span></a>   
Monday, 31 May 2021 12:56

McKibben writes: "In what may be the most cataclysmic day so far for the traditional fossil-fuel industry, a remarkable set of shareholder votes and court rulings have scrambled the future of three of the world's largest oil companies."

Author and activist Bill McKibben. (photo: Wolfgang Schmidt)
Author and activist Bill McKibben. (photo: Wolfgang Schmidt)


Big Oil's Bad, Bad Day

By Bill McKibben, The New Yorker

31 May 21


Crushing blows to three of the world’s largest oil companies have made it clear that the arguments many have been making for decades have sunk in at the highest levels.

n what may be the most cataclysmic day so far for the traditional fossil-fuel industry, a remarkable set of shareholder votes and court rulings have scrambled the future of three of the world’s largest oil companies. On Wednesday, a court in the Netherlands ordered Royal Dutch Shell to dramatically cut its emissions over the next decade—a mandate it can likely only meet by dramatically changing its business model. A few hours later, sixty-one per cent of shareholders at Chevron voted, over management objections, to demand that the company cut so-called Scope 3 emissions, which include emissions caused by its customers burning its products. Oil companies are willing to address the emissions that come from their operations, but, as Reuters pointed out, the support for the cuts “shows growing investor frustration with companies, which they believe are not doing enough to tackle climate change.” The most powerful proof of such frustration came shortly afterward, as ExxonMobil officials announced that shareholders had (over the company’s strenuous opposition) elected two dissident candidates to the company’s board, both of whom pledge to push for climate action.

The action at ExxonMobil’s shareholder meeting was fascinating: the company, which regularly used to make the list of most-admired companies, had been pulling out all stops to defeat the slate of dissident candidates, which was put forward by Engine No. 1, a tiny activist fund based in San Francisco that owns just 0.02 per cent of the company’s stock, but has insisted that Exxon needs a better answer to the question of how to meet the climate challenge. Exxon has simply insisted on doubling down: its current plan actually calls for increasing oil and gas production in Guyana and the Permian Basin this decade, even though the International Energy Agency last week called for an end to new development of fossil fuels. Observers at the meeting described a long adjournment midmeeting, and meandering answers to questions from the floor, perhaps as an effort to buy time to persuade more shareholders to go the company’s way. But the effort failed. Notably, efforts by activists to push big investors appear to have paid off: according to sources, BlackRock, the world’s largest asset manager, backed three of the dissident candidates for the Exxon board.

The decision by the Dutch court, which Shell has already said it expects to appeal, is at least as remarkable. Drawing, in part, on European human-rights laws, it finds that, though Shell has begun to make changes in its business plans, they are not moving fast enough to fall in line with the demands of science, and that it must more than double the pace of its planned emissions cuts. “The court understands that the consequences could be big for Shell,” Jeannette Honée, a spokeswoman for the court, said in a video about the ruling. “But the court believes that the consequences of severe climate change are more important than Shell’s interests." Honée continued, “Severe climate change has consequences for human rights, including the right to life. And the court thinks that companies, among them Shell, have to respect those human rights.”

No one knows quite how the ruling, if it stands, will play out. Shell is based in the Netherlands, but it has operations around the world. The ruling, though, is the firmest official pronouncement yet about what a commitment to climate science requires. The forty-five-per-cent reduction in emissions by 2030 from 2019 levels that the court ordered is very close to what, in 2018, the Intergovernmental Panel on Climate Change (I.P.C.C.) said would be required to keep us on a pathway that might limit temperature increases to 1.5 degrees Celsius.

The court gently dismissed Shell’s attempts to evade the science: the company, the judges wrote, believes that “too little attention is paid to adaptation strategies, such as air conditioning, which may contribute to reducing risks associated with hot spells, and to water and coastal management to counter the sea level rise caused by global warming. These adaptation strategies reveal that measures can be taken to combat the consequences of climate change, which may in result reduce the risks. However, these strategies do not alter the fact that climate change due to CO2 emissions has serious and irreversible consequences.”

Instead, it’s clear that the arguments that many have been making for a decade have sunk in at the highest levels: there is no actual way to evade the inexorable mathematics of climate change. If you want to keep the temperature low enough that civilization will survive, you have to keep coal and oil and gas in the ground. That sounded radical a decade ago. Now it sounds like the law.

Passing the Mic

The mayors of Miami-Dade County, Florida; Athens, Greece; and Freetown, Sierra Leone, with funding from the Adrienne Arsht-Rockefeller Foundation, have each committed to appointing chief heat officers in their cities and establishing Heat Health Task Forces to dedicate resources to manage mounting heat risks that climate change is producing. Jane Gilbert, who has lived in Miami for a quarter century and served as the director of the city’s resilience programs, has taken on a new role there as the city’s chief heat officer. (Our interview has been edited.)

A reason that Americans like coming to Miami is that it’s hot, but is there too much of a good thing? Does it feel different than it did when you first moved here, twenty-six years ago?

People love visiting Miami for our beaches, art, culture, and night life, and for our Miami Heat (pun intended). However, extreme heat can be quite dangerous, especially for outdoor workers, pedestrians, seniors, and people who can’t afford the increasing costs of A.C. The combination of temperature and humidity during Miami summers results in many days where our heat index reaches dangerous levels. I’ve definitely felt the difference since I moved here, and there’s data to back this up. Research shows that Miami experiences twenty-seven more days that reach at least ninety degrees Fahrenheit in a year than it did in 1995. We’re also expected to have a dramatic increase in the number of days with a heat index of a hundred and five degrees Fahrenheit or higher, over the next thirty years. Miami’s residents and visitors expect it to be warm, but, as temperatures rise, they need to know about the heat-health dangers, and the city needs to be able to protect them. We don’t have all of the resources or technical expertise to do it ourselves. So, when we were approached by the Adrienne Arsht-Rockefeller Foundation Resilience Center, the group that leads the Extreme Heat Resilience Alliance, about championing heat action, Miami-Dade County’s mayor, Daniella Levine Cava, jumped at the idea to bring in other global mayors to help brand #HeatSeason (like hurricane season). Together, we will share and replicate the best ways to protect people and their jobs from heat.

How does excess heat interact with other climate problems the city faces—rising sea levels, vulnerability to hurricanes, and so on?

The biggest risk to human lives is having a hurricane followed by a heat wave. Miami has always been vulnerable to hurricanes, but climate change seems to be increasing the intensity of those storms. Hurricanes most often occur in our late summer months, and often result in major and extended power outages. After Hurricane Irma, in 2017, twelve people died of heat-related causes in a nursing home in Broward County, just north of us. Since then, all nursing homes are required to have backup power with the capacity to keep a space cool for at least ninety-six hours in the event of a power outage. Now we need to make sure other vulnerable populations have access to a place to cool off after a storm. Moreover, climate-change impacts, and especially heat risks, are deeply intertwined with social and economic inequalities. Identifying and adopting heat-risk reduction policies and solutions must be informed by the community as well as the science.

Are there some easy first steps to cool a city down a little? What can you do with pavement? How do you make shade?

Plant trees! Tree-shaded surfaces can be as much as thirty-five or forty degrees cooler than surfaces in open sun. Trees can also reduce utility costs, absorb stormwater, and remove pollution and carbon from the atmosphere. We’ve set an ambitious goal of reaching a thirty-per-cent tree canopy countywide by 2030, and prioritizing those neighborhoods with the least shade. Traditional pavements absorb lots of sunlight and can significantly heat up our urban areas. The City of Miami has required cool roofs and pavements in its zoning code for ten years. Miami Beach is now testing some new cool pavements. The evidence that such interventions work exists, but there is much education to be done to make sure the money we spend on rebuilding infrastructure, especially after COVID-19, is heat-risk-informed.

Climate School

Here’s a part of the energy story that’s going to keep developing: Michael Klare, the emeritus professor of peace and security studies based at Hampshire College, argues at the Web site TomDispatch that, if we’re not careful, the scramble for the cobalt, lithium, and rare-earth minerals necessary for storage batteries and wind turbines could turn into geopolitical combat not unlike the long battles over oil. He points out that China is a major producer and processor: “In truth, there’s little choice but for Washington and Beijing to collaborate with each other and so many other countries in accelerating the green energy transition,” he writes. Meanwhile, the Financial Times has been tracking claims that China has been using forced labor to produce solar panels: their latest reporting follows a Potemkinish tour of a Chinese plant. And last week, John Kerry, the U.S. climate envoy, said that the Biden Administration is considering sanctions on Chinese solar panels. As I pointed out in April, the balancing act between quickly weaning the world off fossil fuels—whose emissions, even without climate change, accounted for a fifth of the world’s deaths in 2018—and safeguarding human rights is exquisitely hard.

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Skin Privilege Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=59629"><span class="small">Delmarie Cobb, The Publicity Works</span></a>   
Monday, 31 May 2021 12:56

Cobb writes: "Black people witness 'skin privilege' everyday. It's so matter of fact that it hardly gets a second notice unless Black people sound the alarm."

Disgraced former Chicago mayor Rahm Emanuel on May 9, 2018 in New York City. (photo: Michael Loccisano/Getty Images)
Disgraced former Chicago mayor Rahm Emanuel on May 9, 2018 in New York City. (photo: Michael Loccisano/Getty Images)


Skin Privilege

By Delmarie Cobb, The Publicity Works

31 May 21

 

lack people witness “skin privilege” everyday. It’s so matter of fact that it hardly gets a second notice unless Black people sound the alarm. We watch people harm us and land on their feet as if nothing ever happened. Yet, we seldom get the benefit of the doubt. In fact, we’re punished—even fatally--for the smallest infractions: allegedly passing a fake $20 bill, stopping to look at a construction site, shooting a warning shot at a home intruder in the middle of the night, failure to signal a lane change, walking out of a garage with a cellphone or playing in the park with a toy gun.

Very seldom do we get a chance to walk away or reinvent ourselves. Whatever our crime is against society it is a permanent scarlet letter that we’ll wear forever. It becomes the parenthetical that describes us until we die.

For a second time, it was announced that former Chicago Mayor Rahm Emanuel is being tapped to join President Joe Biden’s administration--this time to serve as Japan’s next U.S. ambassador. The double standard is incredulous. Nearly everyone I talked to thought it was a done deal. As one report put it, “In selecting Emanuel to serve as his chief envoy to Japan, Biden will reward an informal adviser to his campaign and a significant force in Democratic Party politics for much of the last three decades with one of the highest-profile ambassadorial roles."

The fact that Emanuel’s administration tried to cover up the murder of 17-year-old Laquan McDonald at the hands of a Chicago police officer is insignificant. He paid the price. He left with his dignity after deciding not to seek a third term for mayor. Avoiding a defeat, Emanuel was rewarded with becoming a political analyst for ABC News. He was rewarded with a job at an investment banking firm. Now, he’s being rewarded with a high profile ambassadorship.

Understand, this is the consolation prize after being bypassed for Transportation Secretary. Even opinion writers who aren’t fans thought he was the perfect pick. After all, he spent $109 million to improve the Riverwalk. Emanuel spent $64 million to build the Navy Pier Flyover. Separation of the Lakefront Trail got a $12 million jump-start from Republican businessman Ken Griffin, who in 2020 spent $54 million to defeat Gov. J.B. Pritzker’s Fair Tax. Emanuel implemented the Loop Link at a cost of $41 million to save seven minutes off the commute of suburbanites heading to Union Station. He designated 100 miles of bicycle lanes at a cost of $67,000 per mile.

In addition to giving his corporation counsel the green light to pay Laquan McDonald’s mother $5 million to keep the details of her son’s death quiet only five days after the runoff election, the former mayor closed 50 public schools in predominantly Black and brown neighborhoods. He closed six of 12 mental health clinics in these communities. Now, who needs access to mental health care more than Chicago’s Black and brown residents who are underserved, underemployed and under constant threat of violence?

He used millions of TIF dollars to subsidize private developers in predominantly white communities instead of incentivizing them to develop in blighted neighborhoods as originally intended by Mayor Harold Washington. Emanuel’s departing commemoration to his tenure as mayor was the $2.4 billion in taxpayer funding for two transformative projects in the South Loop and Lincoln Park. The mega developments will create two new neighborhoods over the next 20 years. He also got a chance to take credit for a new grocery store in the 5th Ward before leaving office, even though he put a brick on it for six years. The petty gentleman didn’t lift a finger to address the food desert created by Dominick’s closing its stores in Chicago. It wasn’t until the alderman brought a grocer to the table that City Hall got involved. He could care less that seniors had to travel miles out of their way to shop at a full service grocery store.

Emanuel had no vision when it came to Black communities. He supported the vision of aldermen who voted with him nearly 100%, but he repeatedly failed to see what Hillary Clinton calls the challenge of politicians, “…to practice politics as the art of making what appears to be impossible, possible.”

COVID -19 didn’t create the disparities that were revealed during the pandemic. The city’s Black and brown communities have been victims of benign neglect for decades. Emanuel continued the disinvestment started by Mayor Richard M. Daley. The only difference was Emanuel’s arrogance. His modes operandi was to rip the bandage off the wound—scab and all—with the belief it would heal and people eventually will forget the pain.

It was the belief of many of Emanuel’s Black voters that he would help our communities. His ties to the first Black United States President from Chicago, his work for Bill Clinton, his knowledge of federal government, his legislative skills as a congressman and White House aide and his connections to the investment world were suppose to translate into someone who finally would deliver for us.

In the 2019 municipal election, I discovered there was no internet access on 55th and Halsted streets, while setting up my candidate’s office. The 20th Ward candidate wanted to open her campaign office in the heart of the ward, but the trade-off meant using hotspots to access the internet. For years, no internet access meant students could do only basic homework, residents couldn’t conduct the day-to-day business transactions that most people take for granted or only attract businesses that aren’t reliant on the internet to operate--cash and carry type businesses. We found out that half the households in Englewood, Auburn Gresham and South Shore didn’t have internet access. It quickly became a campaign issue for Nicole Johnson.

Fast forward a year later to the COVID-19 pandemic and residents in Black and brown communities are left behind even further. The students can’t attend school remotely, workers can’t work from home and residents hardest hit by COVID-19 can’t schedule a vaccination appointment. A recent Chicago Tribune article reported, “more than 1 million first doses given in Chicago found nearly 60% of shots went to suburbanites and residents of neighborhoods deemed to have the lowest risk of COVID-19.” The lack of internet access was a major factor. Yet, Mayor Emanuel could find money to attract tourists, provide quality of life amenities for the elite and create whole communities out of thin air.

I’m not saying Emanuel didn’t do anything for Black and brown residents, but the bad outweighs the good. Regardless of his record, there are people in Biden’s ear advocating for him to add to Emanuel’s resume. As usual, the same people who helped elect Biden are being kicked to the curb. By elevating Emanuel, Chicago’s Black voters are reminded just how insignificant our pain is in the big scheme of things.

Imagine if the elite and powerful advocated just as vociferously for us. Imagine if they would forgive our transgressions so easily. Imagine if they made sure to help us always land on our feet. That my friend are the benefits of “skin privilege,” something we can only witness, but seldom know.

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The Unique Dangers of the Supreme Court's Decision to Hear a Mississippi Abortion Case Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=46032"><span class="small">Amy Davidson Sorkin, The New Yorker</span></a>   
Monday, 31 May 2021 08:26

Excerpt: "The most pressing question now may be not whether Roe and Casey can survive but how reproductive rights can be sustained without them."

Mississippi's Pink House. (photo: Corey L. Burke/The Daily Beast)
Mississippi's Pink House. (photo: Corey L. Burke/The Daily Beast)


The Unique Dangers of the Supreme Court's Decision to Hear a Mississippi Abortion Case

By Amy Davidson Sorkin, The New Yorker

31 May 21


The most pressing question now may be not whether Roe and Casey can survive but how reproductive rights can be sustained without them.

ne of the most striking facts in Dobbs v. Jackson Women’s Health Organization, a case that the Supreme Court has now agreed to hear, ­concerns the identity of one of the parties. Jackson Women’s Health is the only ­licensed abortion clinic in Mississippi. Women seeking its services often have to travel hundreds of miles to the pink building on North State Street, in Jackson, and to either make the trip twice or find somewhere to stay—­Mississippi ­imposes a twenty-four-hour waiting ­period after mandatory in-person counselling. Girls younger than eighteen need a parent’s permission or a waiver from a court. And when a woman ­arrives she is ­usually subjected to people shouting through megaphones that she is murdering her child. The city tried to limit the noise, which reportedly can be heard inside businesses down the street, but the or­di­nance was revoked after a challenge. “If there are protesters outside on the day of your procedure, please ignore them and come directly into the clinic,” the clinic’s Web site advises. “You don’t have to stop.”

Jackson Women’s Health has another distinction. There is every possibility that the case bearing its name—along with that of Thomas Dobbs, the state health officer of Mississippi—will be the one that either overturns Roe v. Wade and Planned Parenthood of Southeastern Pennsylvania v. Casey, the two Supreme Court rulings that are the bedrocks of reproductive rights, or renders them powerless. This case began as a challenge to a Mississippi law forbidding abortions after fifteen weeks (counting from a woman’s last menstrual period), except in very narrow circumstances. A woman would have to be facing a medical emergency that could cause “substantial and irreversible impairment of a major bodily function”—or threaten her life. The only other exception would be if doctors determined that the fetus, even if carried to full term, could not survive. Rape and incest would not be taken into account.

Crucially, fifteen weeks is well before the point at which a fetus would be viable outside the womb, and that is also the point at which the Supreme Court has said that a woman’s interest in controlling her own body outweighs any other interests the state has. The Mississippi law is so clearly contrary to the Court’s precedents that Judge James Ho, a Trump appointee to the Fifth U.S. Circuit Court of Appeals, wrote in an opinion in 2019 that it was his “duty” to strike it down, even as he railed about pain being inflicted on “innocent babies.” Similar state laws are regularly batted down. Why, then, did the Court take this one?

The obvious, depressing answer is that Dobbs v. Jackson Women’s Health will be argued in the term that begins in October, with Amy Coney Barrett seated in place of Ruth Bader Ginsburg, who died last September. It’s a good bet that Barrett, Neil Gorsuch, and Brett Kavanaugh—the Trump trio—along with Samuel Alito and Clarence Thomas, will try to severely limit reproductive rights. They wouldn’t even need John Roberts. Groups working to restrict those rights plainly see this as a moment of opportunity. In the past few months, there has been a frenzy of anti-­choice legislation at the state level; the Guttmacher Institute tallied twenty-­eight new restrictions signed into law in the four days between April 26th and April 29th alone. The most pressing question now may be not whether Roe and Casey can survive but how reproductive rights can be sustained without them.

The specific question the Court has said it will examine is this: “Whether all pre-viability prohibitions on elective abortions are unconstitutional.” The wording is important. Casey allows states to regulate abortion in certain ways, even before viability, as long as the rules do not put an “undue burden” on women. The burdens have nonetheless become quite undue in recent years, from mandatory waiting periods to licensing requirements designed to close down clinics. It’s not an accident that there is only one clinic in Mississippi, and just a few in Alabama, Arkansas, Louisiana, and other states. About ninety per cent of the counties in the United States lack an abortion clinic. Before the pandemic, the A.P. estimated that, in a five-year period, more than two hundred and seventy thousand women travelled to another state to obtain an abortion. Even now, the reality of abortion access for a woman in the Northeast or California is in stark contrast with that for a woman in the South or the Midwest. The Mississippi case is different and more radical because the state claims, implausibly, that its near-total ban on abortion after fifteen weeks is merely a regulation of the sort envisioned by Casey. Indeed, the state, in its brief for the Court, objects strongly to the use of the word “ban” to describe the law.

A particularly shameless defense of the Mississippi law can be found in an amicus-curiae brief filed by Texas and seventeen other states. It argues that the Court should treat the Mississippi law not as a profound conceptual shift, from regulation to prohibition, but as a small adjustment, because it’s already so difficult to get an abortion in that state. Jackson Women’s Health offers abortions only until the sixteenth week, and the amicus brief insists that the clinic must “explain why these women could not schedule their abortions one week earlier.” This argument is doubly disingenuous because, soon after the Fifth Circuit struck down the post-fifteen-week ban, Mississippi passed an even more extreme one, on abortions after six weeks. That law has been blocked by the courts. There are also pending challenges to near-total bans approved in Arkansas, in March, and in Oklahoma, in April—and to a law that Governor Greg Abbott, of Texas, signed on May 19th, banning abortion after the detection of a heartbeat, which can be as soon as six weeks and often before a woman knows that she is ­pregnant.

And yet, as harsh as the heartbeat law is, it took Texas only a week to outdo it. Last Wednesday, the state legislature approved what is known as a “trigger law,” which would go into effect if Roe is overturned. It would ban abortion almost entirely, as would similar trigger laws that exist in a dozen other states, such as Missouri, Tennessee, and Utah. (Several of those states also have heartbeat legislation.) By comparison, about a dozen states have measures in place to safeguard access to abortion to a certain extent. California, for example, still has a pre-Roe law legalizing abortion on the books. More states need more robust trigger laws that would protect reproductive rights, and they will likely need them soon. Some of the most crucial conflicts in the coming years are likely to be in state legislatures, waged in the spaces between landmark Court cases. The Mississippi case need not be the end.

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