Youngkin Adds Anti-Semitism to His Cultural War Chest

It wasn't enough that Glenn Youngkin, the mega-rich retired Carlye executive who is the Republican candidate for Governor in Virginia, has been stomping the state with false remarks about critical race theory, trans teens rights, and local school board members along with a wink and a nod to the last president, he has now added George Soros to his campaign comments. This recent article in the Washington Post noted that Youngkin, in remarks given in Burke VA, claimed that Jewish operatives working with Soros were infiltrating local school boards in attempts to perpetuate critical race theories in the schools. Virginia Democrat, Rep. Elaine Luria, who is Jewish, criticized these comments, and called Youngkin out for his remarks, saying: "Evoking George Soros as a shadowy funder is an anti-Semitic conspiracy theory. This is an unacceptable statement from Glenn Youngkin." 

George Soros is a wealthy philanthropist who has given generously to Democratic causes over the years. He is 91 years old and is an immigrant from Hungary whose family escaped the Nazis during the Second World War. After studying at the London School of Economics, he came to New York City in 1956, where he started the financial career and eventual hedge fund that has made him worth over 30 billion dollars. He has used his money to perpetuate democracy in many countries through his Open Society Foundation, to which he has given over 18 billion dollars. He gave 100 million dollars to fund the Non-governmental Organization (NGO) Human Rights Watch. Because he has given generously to Democratic candidates and foundations, he has long been called out by the far-right conspiracy theorists and many of their anti-Semitic allies. Youngkin is echoing these tropes.

The Republican candidate in the Governor's race in Virginia is, as I mentioned last week, stoking fears about schools and changing cultural issues instead of debating policies and programs. If he wins, this will surely be the Republican playbook for next year's mid-terms. As is seen, his campaign is divisive, pitting parents against school boards that try to protect the rights of trans teens who might want to play on a sports team. That school board might try to present equality as a trusted value, but this is being used against Black children by invoking the specter of Critical Race theory (which is not being taught) and claims that such a lesson might make a white child feel inferior. Youngkin has also supported charter schools that do not have to address the State School Board policies. He and others such as Gov. DeSantis and Senator Crawley have falsely claimed that Biden is setting the FBI against local parents and School Boards. In reality, the National School Boards Association had asked the Department of Justice to investigate organized violence against school boards across the country, and Attorney General Garland set forth guidelines for the FBI to ensure protection at local meetings.

Now, remarks about Soros add to the scare tactics against frightened and frustrated parents who have had months of difficult schooling by video during the pandemic and whose anger is easy to rouse. We are not so many months away from the riot in Charlottesville, VA and the white nationalist marchers who chanted "Jews will not replace us" along with the Nazi slogan 'Blood and soil', which referred to the purity of the Aryan race. The last president did not disown these remarks and, in fact, said that there were good people on both sides of this uprising. To many, this is now seen as a precursor of the insurrection as he nodded to the white supremacists, the Proud Boys, and militias who supported these ideologies.

Parents in Loudon County VA do not differ from those elsewhere- they care about their children and the education they receive. But in other ways, Loudon County differs from most of the US; the median income in 2019 was $142,299. Lands that were once plantations with slave-holding families are nearby. This county is now about 60% white; the white numbers are declining since it was 85% white in 2000. The population in the county has increased over 150% over that period, with a lot of the increase by 2020 being persons of color or immigrants. Originally, this area was a conservative enclave and one entrenched in resistance to integration in the schools. So many of the school battles in Loudon are symbolic of the old guard versus the new arrivals. Basically, the old guard does not like the changes it is seeing, so this is juicy fruit for a challenger such as Youngkin, who does not rely on facts for his rhetoric. They estimated the total population of the state of Virginia to be about 8.5 million people; approximately 1.6 million or about 19% are Black residents.

Therefore, using critical race theory or acceptance of gender changes is not what many residents want to see in their schools and are issues that can and are being demagogued. So, we should promote what type of education? First, it should not be issues that are not related to education. Acceptance of trans teens should be the same as acceptance of all students and those who have physical or emotional concerns – accept the student as they are. Then give them a well-rounded education based on a sound, well-developed curriculum. But students should learn history as it was, not as some wish it to be. Students in Loudon should not receive a history of the Civil War based on the dreams of the confederacy. But do parents want the history taught to be the sanitized version as promoted by changes in Texas law where the racial history of the United States is not mentioned and they said the Civil War was not about slavery but states' rights? Or do they want their children to be taught critical thinking skills, learn to respect, but sometimes question authority; thus ultimately to have the ability to do enough research to pull apart propaganda from history?

The Terry McAuliffe campaign, (he is the Democrat opposing Youngkin since the incumbent Democrat cannot run for a consecutive term) is raising the links Youngkin has to the former president, who has endorsed him, as a negative in the race. This endorsement was one he quietly accepted in public but endorsed in private. Youngkin did not admit that President Biden won the last election until after he achieved the Republican nomination in May.

McAuliffe, who supports abortion rights, is also using the abortion matter as one which would motivate suburban women voters, as Youngkin has said he is opposed to allowing abortion in Virginia, but could not speak out against it before the election. Terry was supportive when he was governor four years ago and also worked to expand Medicaid, which happened finally in 2020 when the Democrats took over the Virginia Assembly. Youngkin has not addressed this matter, preferring to focus on "election integrity" in a state that had no issues in the 2020 presidential election. Democrats point out that were he elected, the governor appoints all the boards of elections across the state, and scenarios such as those seen in Arizona or Texas could happen in Virginia, especially if he pulls in more Republican state legislators.

Democrats want to keep this state, which has been trending blue in recent years but are fearful that the controversies promoted by the Republicans are finding fertile grounds as negatives are reinforced. An aggressive protestor at a local school board meeting recently was forcibly removed by Sheriff's deputies and charged as a disruptive and threatening presence, but after Youngkin announced that (a duly elected prosecutor), a Muslim woman was prepared to prosecute this man, she started receiving hateful calls and messages. Did he have to mention that she was Muslim and a woman?

McAuliffe needs Black voters to turn out for him to win since their votes are usually Democratic. In recent days, Stacey Abrams and former President Barack Obama have appeared with McAuliffe at rallies; Atlanta Mayor Keisha Lance Bottoms and President Joe Biden are each expected to appear at an event soon, as election day is November 2^nd. He has said that he is still supporting the issues he ran on and is trying to get the economic measures passed that should raise all people's lives. Others are faulting the Democrats' inability to pass the Voting Rights bills, which many consider imperative if this country is to stay democratic.

Some are wondering if Biden's decrease in popularity will limit turnout and have asked if Democrats are as hungry for this win as Republicans are. (538 lists the Presidents' current approval in an average of polls as 43.4% with 50.7% disapproval.) Too bad, no one seems to chastise the Republicans who, under McConnell, are opposing much of the Presidents' agenda. They again opposed even bringing the voting rights bill, sponsored by Senator Machin as a compromise, to the floor of the Senate for discussion. Of course, since the MAGA crowd is supporting Youngkin, they would claim validation for their Stop the Steal rants should he win.

As of today, 538 lists the race as quite close with McAuliffe at 47.9% and Youngkin at 45.6%.

The race has been close for several weeks, ever since the issues with school boards came to wider notice, so we shall see if appealing to the lowest common denominator is a winning plan.  I certainly hope not and I am obviously supporting McAuliffe. It may be that the 2022 mid-terms might become the most divisive election since the rise of the Tea Party.

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COVID continues to ravage our country, but vaccinations continue at about one million a day. Admittedly, some of these might be booster shots, but the steady pace is a hopeful sign. As we move closer to approval for elementary school-age children, we could add over 20 million more vaccinated residents to the totals. Delta appears to be waning in most of the country but an offshoot of Delta currently accounts for 20% of the new cases in England. Currently, Alaska, Montana, and Wyoming have the highest percentages of cases. Their vaccination rates are 52%, 50%, and 43% respectively. Maryland counts its vaccination rate as 66% at this time.

COVID stats—NY Times

US totals: Total Cases: 45,423,365. New Cases: 72,644.

                  Total Deaths:736,112. New Deaths:1,509.

Maryland Totals: Total Cases: 556,314. New Cases: 790.

                            Total Deaths: 10,806. New Deaths: 14.

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Well, they did not even discuss the voting rights bill in the Senate this week. I think it is time to somehow carve out an exception from the filibuster, wiser minds will have to figure this one out, but the Democrats have got to get this done. It is said that the Build Back Better Bill will get passed this week. We shall see. Now that Manchin has chopped off most of the environmental issues, it no longer shines as bright. Talk is that it might be around $1.9 Trillion, far short of what we had hoped to see—and that is mostly because of the machinations of Senators Sinema and Manchin. I am so not a fan of either; Sinema is trying to cut the taxes on the rich that should have funded these programs. Guess her lobbyists did their jobs well.

"Til next week – Peace!

They Are Coming for Our Schools Now!

Last week, Jennifer Jenkins, a duly elected school board member in Brevard County, Florida testified she was being harassed by community members who circled her home while carrying firearms, told her to beg for mercy, called child services, and filed a false report that she was abusing her daughter. Why? These actions were taken because she supported the wearing of masks in school for children and rights for LBGTQ children in schools. Jenkins added she supports the right of free speech, but that nothing she has done in the performance of her duties should lead to people following her car or entering her property.

The Washington Post reported this week that a group called Moms for Liberty attended one of the school board meetings in Brevard County and were so disruptive they were thrown out. According to the Post: “Launched initially in Brevard County to support “parental rights” in public schools, Moms for Liberty chapters have spread nationwide. Its leaders hope to convert brawlish pandemic-era cultural divisions into lasting political power.”

The Post also noted: Gary Shiffrin, head of the Brevard Association of School Administrators, who has been involved in public education since 1971, blames Moms for Liberty for the most disruptive educational environment he has seen, besides the lingering opposition to desegregation early in his career.

“They have decided they are going to be the spokespeople for conservatism, and this won’t end when covid ends,” said Shiffrin, a former teacher, and high school principal.”

 

Tina Descovich started the Florida group after she lost her board seat and was defeated for re-election to the Board seat by Jennifer Jenkins. They are being compared to Conservative Republican groups that supported the Moral Majority several elections ago. Some funds are thought in Florida to come from Governor DeSantis’ supporters. We also know that Koch-controlled funds are being sent to groups across the country who support anti-mask campaigns, gender identity issues, and oppose critical race theory. (I must repeat here that Critical Race Theory (CRT) is not being taught in any grades in the US from K-12.)

The Moms for Liberty group, which now claims about 36,000 members across the country, stated that it hoped to have Mom in tee shirts at every school board meeting in the US over the next year. It is obviously being geared up as an issue for moms who feel powerless and who do not feel that they have been heard over concerns about their children’s education. These concerns were exacerbated over the long periods of virtual education under the COVID pandemic. Feelings of isolation most likely contributed to these frustrations. Whatever the causes, it is being now used as a tool on the right to stir up voters for the 2022 midterms. This, along with the folks supporting the Stop the Steal efforts, point to a very divisive election next year.

A local Virginia group Fight for Schools supported by a former Trump official, recently claimed credit when a Democratic school board member stepped down after they started a recall effort against her. They want to replace the entire school board based on decisions it has made on issues of gender identity and the curriculum, among others. School issues have also been a factor in the Virginia Governors’ race between Democrat Terry McAuliffe and Republican Glenn Youngkin. McAuliffe claims Youngkin would divert public money to private schools and claims that parents should not tell teachers how to teach. While technically that is true, as most parents do not have education degrees, the general substance of the statement gave Youngkin an issue to hammer McAuliffe with. The race is statistically close. At a rally held for Youngkin and other Republicans and attended in person, by Steve Bannon (who has refused to answer a House committee subpoena) and virtually, by the former president, the crowd spoke the Pledge of Allegiance to a flag said to have been present at the Insurrection/Rally on January 6^th. These people have seriously misguided loyalties.

I think parents should and do have a say in the education of their children by selecting the members of their local school board. However, some do not believe in allowing these properly elected members to use their best judgments in choosing school policies. This is the new battlefield. A viable board was elected, and these right-wingers do not wish to wait until the next election to vote them out. Just like the former president, they are sore losers and do not intend to play fair.

Jenkins is just one of many elected school board members, educators, and principals across the country who are being targeted by right-wing protestors in an organized “grass-roots” effort to stir up emotions on sensitive or conservative issues. Recent revelations about “both sidesing” every issue, dumbing down, and obscuring academic courses were spelled out in TV spots this week about discussions in a Texas School District over classroom teaching. The South Lake school district had a discussion that included the instruction to teach “both sides about the Holocaust”. Unbelievable!

Heather Cox Richardson wrote an excellent review of these topics in a column this week. Please read it here:

She concludes with these words: A curriculum that talks about individual courage and integrity while erasing the majority of us, as well as the rules that enable us to have a say in our government by voting, is deliberately untethered from national democratic principles.

Educators themselves are providing conservative causes as test cases in issues of free speech over rights for transgender students or teachers. A teacher in Virginia (in Loudon County as noted above) went to court to protest his suspension after he refused to address a transgender teen by the pronoun for his new identity, saying that his religion did not permit such recognition. In another case affirmed by the Federal Appeals Court 6^th Circuit, a Christian college professor refused to call a student Ms. (her new identity) and continued to refer to her as Mr., despite requests to do otherwise. The Court contended they denied the professor his right to free speech. Others have claimed that this opens the door to allow discrimination in other areas, such as race or ethnicity. The Alliance Defending Freedom (ADF), a conservative Christian advocacy group, supported this cause.

Do you remember the Ditty?

“School Days, School Days,

Good old Golden Rule Days.

Readin’ ‘riting and ‘rithmatic

Taught to the tune of a hickory stick….

While those days were not necessarily the good old days, they were from a different era. One then also studied history, science, and geography, maybe with courses in shop, or home ec or art and music as options once in high school. There was no controversy such as we are seeing now about masks in schools or attacks on school board members. While there have frequently been protests about certain books found in school libraries over the years, I do not remember violent confrontations or bullying of teens who testified in favor of keeping certain books, such as what happened in Loudon County in Virginia recently.

Do you remember the “Swift Boat” campaign and the “Defense of Marriage Act”? Both of these emotional issues were used by the George Bush/Karl Rove forces in the 2004 presidential campaign against John Kerry. Swift boat was a lie and was an attempt to take down Kerry’s claim of brave service during the Vietnam war. The Defense of Marriage Act was an anti-gay measure to counter moves toward civil unions and maybe even same-sex marriages which were underway at then. The Justices struck it down in the 2013 Supreme Court decision United States vs. Windsor that allowed same-sex marriage. Both these, plus the Moral Majority and the rise of the Christian Right, meant that they did not fight the election contest on political or policy concerns but cultural issues.

The far-right is trying to repeat these cultural wars with the efforts we are now seeing in the schools with the mom's groups and others. The right is using anti-vax and anti-mask campaigns to gain a foothold in local governments. First, the school boards, then the schools, then the minds of our children will be redirected almost without our notice. And, even though we are in an increasingly diverse country, if these boards have their way, schools will teach their white curriculums untainted by the history of enslaved people, indigenous or immigrant lives. Our children and grandchildren will grow up unprepared to live in a world they poorly understand.

So, these efforts must be opposed and loudly. We need to have a countering force to ensure that these methods cannot succeed. I am not sure what form it will take, whether the Democratic Party, the ACLU, or just other moms, but it should start now. The Democratic Party should support the schools in helping to present subjects and critical thinking that address the world our children will come to inhabit. Instead of forbidding teaching about climate change, students should learn about living in a world with rising seas, extreme weather, and decreasing water supplies, for example. They should not, as one parent requested, be sheltered from learning words such as quarantine, spinal tap, or racism which might be painful to understand.

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Booster shots continue to be rolled out. FDA is considering allowing the Johnson and Johnson vaccine a second shot which would serve as a booster. Finally, the Moderna vaccine is nearing booster approval. The reduced dosage pediatric vaccine is nearing approval. Things are improving, but Maryland is still seeing an average of over 1000 fresh cases daily as the US nears the three-quarter of a million total deaths statistic. Alaska, Montana, and Wyoming take the top three awards this week in cases per 100,000.

COVID stats: ,

Total US cases: 44,914,859.  New Cases: 83,576.

Total US Deaths: 724,499.  New Deaths: 1,528.

 Maryland Totals: Total Cases: 550,782. New Cases: 905.

                                Total Deaths:10,708.  New Deaths: 10.

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In local political news, Prince George candidate for Governor Rushern Baker, lll named Montgomery County Councilmember Nancy Navarro (who is term-limited) to be his running mate. He is the first candidate to announce a candidate for Lt. Governor. Currently, there are at least 7 Democrats and 2 Republican candidates in the race.

In sad news, former Senator Karen Montgomery of Brookeville recently lost her husband Harry, 90 years old. I send condolences to Karen and her family. She was my Senator for a while when I lived in Montgomery County.

For our visit to the zoo this week, look at the newborn cheetah cubs and their Mom here:

“Til next week – Peace!

The Debt Ceiling is a Distraction

I had planned to start my discussions this week with some poetic words about the changing of the seasons, a few words about global climate change, and the increasing effects we are seeing with the high numbers of Atlantic hurricanes this year and the devastation which is seen when they hit land, but the news has intruded on my thoughts. SO…

Rights were given and then taken away from Texas women within fewer than 24 hours this past week when one Federal District Court Judge ruled against the Texas law banning abortions after a Justice Department appeal and a follow-up appeal by the Texas Attorney General to the 5^th Circuit Court which subsequently reinstated it. So, once again, the right to an abortion, which is a constitutionally protected right was denied to women in Texas and, given the geography of our second largest state, many will have to travel hundreds of miles over several hours to obtain these legal services.

Did you get caught up in the debt ceiling back-and-forth discussions in the Senate? It was a bit like a tennis match–as the future of the US economy was lobbed up and over the net of partisan wrangling. This game was all a show managed by the sinister machinations of minority leader Mitch McConnell. It did not matter that the approval of the debt was to pay for debts incurred from the previous administration and increased by the absurd tax cut they passed. Although the Senate had made such approvals routinely in the past under his leadership as Majority Leader, he took to the floor to decry such expenditures. He had a major confrontation within his caucus, according to reports in The Hill from Senator Cruz and others; Senator Graham called this move a capitulation. However, as reported in the Texas Tribune, both Cruz and his fellow Texas Senator Cornyn have voted many times to raise the debt ceiling, along with their party, under both Democratic and Republican presidents. Finally, once he was called out for his irresponsible comments and consequences were spelled out by Treasury Secretary Janet Yellen–and Wall Street had a major down day, he must have realized he could take the blame, should calamity result, and agreed to negotiate a deal. So, eleven Republicans, mostly leadership, joined to prevent cloture but did not vote for the actual raising of the debt ceiling, so it passed with only Democratic votes. Following the vote, McConnell warned President Biden that he will not do this again. But don't go overboard with feelings of relief, the deal only goes until December when our country arrives back at this debt ceiling point once more.

Is this any way to run a country? According to an editorial in The New York Times today (Stop the Debt Ceiling Nonsense), Congress created the debt ceiling in 1917 to streamline federal borrowing, much like the ceiling on a personal credit card. It was not an effort to decrease spending because Congress has already voted to spend this money. The Times called for getting rid of the ceiling by replacing it with, as advised by Secretary Yellen, a simple law that allows legitimate spending and it castigates the Democrats for cowardice in not doing so. Since they have not removed the filibuster, and apparently cannot, as long as Senator Manchin opposes such a move, the only chance they have to change the debt ceiling would be by adding it to a reconciliation measure that could pass by a simple majority. However, reconciliation is allowed only once a year, so that would forestall other financial bills for 2022. The Democrats know their majority is tenuous and may not survive the 2022 mid-terms, so the only time they have to act is now.

The media played this like a tennis match, just as it did with the House's decision to vote on the bills for Infrastructure and the Build Back Better Bill. Will Pelosi win, is Biden down, Manchin up, moderates or progressives ahead; are we at match point yet? These are serious issues, not games. Distilling the discussions down to winners and losers distracts from an actual explanation of what benefits are genuine possibilities when these bills pass. The Democrats need to do a better job of explaining the policies and programs behind the ever-changing numbers, so real people can understand that there are major issues here that will improve lives if given the chance. The Child Tax Credit has already lifted thousands of children out of poverty; wouldn't it be great if we could continue it? That is in the bill, so let's do it!

What do you think about the filibuster? Shouldn't we allow majority rule? Why should it take 60 votes to pass any contested bill into law? The House votes on a simple majority vote, why should the Senate do differently? Although many do not understand the “filibuster rule", it is a custom, not something written into the Constitution, and was put in place to allow the minority to have a voice on measures many years ago. It wasn't in frequent use until the mid-1950's when it was used repeatedly, often by Southern Democrats, to deny votes on Civil Rights legislation. At one point 70 votes were needed and filibusters had to be held in person, with the Senator holding down the floor and speaking continuously for hours until a vote could override the effort. Did you ever see the movie classic "Mr. Smith Comes to Washington” starring Jimmy Stewart? In that movie, an idealistic freshman Senator tries to speak up for his beliefs and filibusters against corruption for many hours, finally collapsing in the effort. Now, no effort is required, just a notice that the opposition will invoke cloture is enough to deny a bill a presence or discussion on the floor of the Senate if the opposition does not have the votes to override it. We seldom hear the debates and discussions of former years in the so-called great deliberative body. Some say to be careful what you wish for as they say that cloture protects the minority, but now it seems to protect inaction as the Senate has passed few meaningful bills over the last several years, despite hundreds being passed in the House.

Hopefully, soon, the recalcitrant Democratic Senators (Sinema and Manchin) will see the light and allow the Democrats to pass the Build Back Better Plan and the Infrastructure bill together as originally planned before these prima donnas got in the way. Manchin has been speaking out that he does not want to create entitlements. The Progressive caucus speaks up for the needs of many, often women, in the middle and working classes who need child care and elder care relief so that they can work, and provide for their families. They speak of the need for Family Leave already found in many westernized countries after the birth of a child. This is not socialism, it is to benefit families. (Many mothers currently save their vacation days, if any, to take as maternity leave, then add on unpaid days, as desired, to stay with their newborns. I read recently that many Americans do not always take their full vacations for various reasons; however, 25% of American workers do not have any vacation benefits.) Many people do not realize that the Family and Medical Leave Act only allows for unpaid leave; the employer may require that any accrued leave be used before the unpaid days kick in.

The Progressives want the requested 3.5 Trillion-dollar package. Manchin wants 2 trillion less. Sinema is not talking, so they are still at a standoff. However, there are rumblings that maybe Manchin will come up a bit and the Progressives will come down a bit as suggested by President Bide; let's hope that happens. They projected the current finance package over ten years; perhaps if it were calculated out for fewer years, the benefits would remain and then need renewals earlier. It is not good for the Democrats to be fighting amongst themselves when what these two bills hold is so good for the country. It may not be as good for the top one percent, but I think it is time for them to give back to the country that has so generously allowed them to prosper. (I won't even mention the Pandora Papers discussed in the Washington Post this week, except to say that South Dakota is a major player in hiding possible taxable assets by the rich and famous.)

Maybe, once these bills pass, and I certainly expect that they will in some format, then the Democrats in the Senate can get onto passing the voting rights bills already passed in the House. Or, if not, maybe even the watered-down bill Senators Klobuchar and Machin have offered could be considered. Again, there is an effort to have this bill bypass the cloture/filibuster rule. I have few hopes for either option, although I remain optimistic. 

Without the passage of these two voting rights bills, there is little chance that we can see fair and free elections in many Republican-led states in 2022. I expect that the Justice Department will try to do something to restore rights where they are most egregiously restrained, but that may not get into voter nullification as proposed in Texas and Georgia by post-election denials of votes or subsequent "Stop the Steal" efforts.

Meanwhile, the former president tried to call for presidential privilege over members from his administration speaking to the Select Committee on the Insurrection, but it was determined the privilege is attached to the Office of the current President, not the former one.

The Bulwark (a conservative anti-MAGA group with many writers from the Weekly Standard) has an excellent discussion of this issue here. This article, written by Linda Chavez, discusses the original Voting Rights Act and its evolution over the years and she concludes lawmakers should look at those trying to overturn elections, saying: "The strength of democracy rests on the acceptance of election results, win or lose. Laws currently under consideration that would throw election results into question and allow state legislatures to reject them are a serious problem that undermines the future of our democracy."

So, last week I asked where are the voices on the right speaking up for our Democracy? I have found a few here, but obviously, more voices are needed. 

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Now to the latest news on the Covid front. They have released Pfizer booster shots to eligible recipients. Moderna has applied for booster status for its vaccine. Pfizer has submitted documentation to support a reduced dose for children 5-11 and it is under consideration by the relevant bodies. Montgomery County is now reporting 84% vaccinated, Howard 78%, and Frederick 72%. Alaska leads the states in incidence now; Minnesota is showing a recent rise in cases. Maryland has had an 8% decrease in cases and is showing 65% vaccinated overall. The US is seeing about 900,000 vaccinations a day now. With luck, Delta will be mostly gone before flu season hits. Have you gotten your flu shot yet?

COVID Stats - NYTimes

US Totals: Total Cases: 44,330,001. New Cases: 96,549. (back under 100,000!)

                   Total Deaths: 713,806. New Deaths: 2000.

Maryland Totals: Total Cases: 544,449. New Cases:1,138.

                               Total Deaths: 10,593. New Deaths: 16.

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On the good news/bad news scene–retirees may see up to a 6.1% Cost of Living Adjustment (COLA) increase in their Social Security checks if expected projections, due this week, pan out. Rising prices have hit those on fixed incomes hard. However, others have noted that Medicare fees may also rise and wipe out that COLA benefit. Please, someone–explain the rationale of the give and take here.

Meanwhile, the rich get richer, mostly, although Forbes has removed the former president from its list of the 400 richest Americans–he no longer qualifies.

"Til next week - Peace.

The First Monday in October

On Monday, the Roberts Court opens for the fifteenth year of its term. As described by the National Constitutional Center, Congress set the opening date in 1916 to always start on the first Monday in October, beginning in 1917. This was part of several judicial reforms instituted that year. Now, more than a century later, the Court is again being carefully scrutinized. After machinations by former Majority leader McConnell, the last administration had the chance to submit three nominations for the court. The Federalist Society recommended each of the judges and not the American Bar Association, which had been the body of reference in previous decades. After falsely claiming that President Obama could not nominate a justice in his final year, McConnell moved rapidly to ensure that Justice Barrett was confirmed a few days before the 2020 election. This, along with decisions that appear to be partisan (such as the decision to not review the Texas abortion law), has turned public opinion away from the court. Recent polling by Quinnipiac reported in The Hill found only 37% of registered voters in Americans approve of the way the Court is doing its job. According to The Hill, that poll also noted:

“In a related finding, the Quinnipiac survey showed that nearly 7 in 10 agree with the Roe decision and that more Americans — by a 48 to 35 margin — say the Supreme Court should make it easier and not harder to get an abortion. “

Women marched in cities across this country on Saturday to speak up for the rights of women to have safe access to abortion and birth control; the Washington march ended at the Supreme Court to further emphasize this point. Of course, the decision by the Court to add the Mississippi abortion restriction law to the appeals heard in this session has made the stakes ever so much more pressing. That law would prohibit abortion after 15 weeks, which is much earlier than the 24 weeks set out in the decision of Roe vs. Wade in 1973. The legislature wrote this law to challenge Roe. If Roe is further limited, many states will look to amend their laws. Several Red states have already written ‘trigger’ laws so that if or when Roe is overturned, they will then implement restrictive laws that prohibit abortions.

Fortunately, for the women in Maryland, their access is not tied to the Courts’ decision as the state passed an enabling law recently which protects access regardless of decisions by the Court. A review discussed the issues in an article recently updated by the Washingtonian Magazine here. Already media reports show that women in Texas are going to all nearby states, and even Mexico, to obtain abortions as they need them. Other states are also providing abortion pills, soon to be denied in Texas, if the relevant legislation passes.

It takes many years for a ‘petition’ (which is what the appeal is called) to make its way to the Supreme Court. A series of State Courts review a case before it goes to the Federal Circuit Courts, and if is an issue that has not been decided before, or if it challenges established law, the Court may choose to hear it. If so, they ask the lower court for a writ of certiorari. But, to be able to afford to pursue an issue all the way through these many levels of judicial review, one must have a legal team. Unless a law firm has taken on a case that it feels has been misinterpreted or misused under its pro-bono caseload, a petitioner must have really deep pockets to pay a legal team for years. That is one of the reasons few individuals can afford to have their grievances heard and further distances many decisions from those which affect people in their day-to-day lives. There are thirteen Federal Circuit Courts that are divided into geographical areas across the United States. About 7000 cases are appealed each year, and the court chooses to hear fewer than 80 each year. Each justice has responsibility for certain Federal Courts, so the case of an emergency appeal in a death penalty, for example, with a last-minute petition, can be expedited through the assigned justice who is approachable 24 hours a day.

President Franklin Roosevelt tried to add more justices to the Court when several decisions did not go his way, but he was rebuffed for his efforts. Once again, there are discussions about adding more justices. The Constitution does not specify the number of required justices, nor does it address term limits or age restrictions, so the nine justices we now have could be increased–or possibly decreased, should that be thought necessary. Instead of finding learned scholars of the law to sit on the court, the Republicans have tried to choose younger, less seasoned conservative nominees who could serve for many decades.

Many progressives are urging Justice Breyer to retire as he is already 83 years old and they want the opportunity to have a Democratic President and Senate when there is another opening. Democrats feel that they have been burned by the Garland nomination and the death of Justice Ginsburg as mentioned above and are concerned that this could happen again, so I understand. While I would like to see President Biden have the chance to nominate a justice, I feel uneasy at trying to kick out Breyer. Justice Scalia died on the court at age 79; Chief Justice Rehnquist was 80, and Justice Ginsburg was 87 when they died while serving. Currently, Justices Thomas and Alito are 73 and 71 respectively, so age does not mean they should not continue to serve. Justices Roberts, Kagan, and Sotomayer are all in their 60s, but those ages are not determinative of longevity, either.

Should we add more justices to even out the lopsided 6-3 conservative/liberal slant?  In 2019 Politifacts reports that 38% of the decisions were 9-0 while 21% were 5-4, the rest were varied. That court still had Justice Ginsburg. So how many justices are necessary for balance? Should we go up to 15 as some have suggested? I am not ready to agree just yet. Perhaps the court, which is quite conscious of its image, might hear some of these criticisms and endeavor to rebalance itself. I only mention this because in recent days Justice Alito has spoken out against criticisms of the “so-called shadow docket” and other issues, making him the fourth justice to speak up in recent days. (Well, maybe Breyer should not count as he is selling his book!) However, the cases which they have decided to hear this year are more controversial than in most years; it Is said that Justice Thomas really wanted the gun rights issue to come before the court, so who knows? I do not think that this is the year when the court will be notable for the momentous decisions it makes–so far only it has scheduled only 39 cases.

Like most Americans, I want to trust in our three branches of government. I want to believe that my president will follow the Rule of Law and our Constitution; our last president did not, the current one is doing so. I would like to believe that our representative democracy elects people to the Congress who have their best interests at heart. Recent years have not shown that. This current Congress seems to be trying; I hope they can get over their differences and work for the people because that is what they were sent there to do. (Right now, I do not even want to think about the arrogance of Senators Manchin and Sinema who seem to relish their time in the spotlight more than doing the hard work of coming to a consensus on what the country needs.)

This, then, brings me to the third branch of government–the Supreme Court. I have always had great respect for the Court, even as I disagreed with some of its decisions. They are supposed to be the last, best decision on points of law and justice. That is why you see the statue of Lady Justice outside the court wearing a blindfold and carrying a sword and scales. I can only hope that they will live up to their oath, not the tenets of the Federalist Society, which sent many of them there. Recent reports are that “Dark Money” from the Koch brothers, the Mercers, the DeVos family, shipping billionaire Uihlein, and other secretive foundations help fund the Federalist Society, which wants little government and a strict interpretation of the Constitution. The decision in the Citizens United case certainly was written for this crowd. (Our Constitution, which was written before electricity and space flights or before we granted women rights to vote and own property, or before we gave enslaved people full citizenship, just to mention a few issues of concern here.) For our democracy to live up to its promise, its citizens must be able to trust that it functions with “liberty and justice for all”, not just a few.

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There is some good news on the COVID vaccine front as Pfizer has applied for emergency use approval for a reduced dose to be given to 5-11-year-old children. It is expected to receive that approval by the end of this month if all goes well. Moderna and Johnson & Johnson have also applied for approval for a booster shot. Merck has announced a medication that can treat early cases of Covid and keep patients out of the hospital and is seeking FDA approval.

This week we passed 700,000 deaths. I remember when we were shocked when the death count reached 100,000 in May of last year. Alaska, Wyoming, and North Dakota lead the states for cases per 100,000 population. All of them are around 50% vaccinated.

Maryland has seen a slight dip in cases recently, although Friday’s totals were high - deaths continue to increase. There is a time lag in incidence relative to deaths. Maryland continues to be around 64% vaccinated with some counties remaining under 50%.

The National Zoo in Washington is reporting that several of the great cats (lions and tigers) living there have COVID. Some are not eating, presumably, because they have lost taste and smell. The transmission was probably from an asymptomatic human.

COVID STATs NY Times:

US Totals: Total Cases: 43,654,161. New Cases: 106,941.

                    Total Deaths: 701,326. New Deaths: 1878.

Maryland Totals: Total Cases: 533,870. New Cases: 1530. (as of 10/1/21)

                        Total Deaths: 10,460. New Deaths: 18.

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As I write, Democrats have not yet come to a consensus for the passage of the Build Back Better Bill and the Transportation infrastructure bill. I remain hopeful that this can get done sooner rather than later and that then Congress can address the Voting Rights issues as soon as possible before more states finalize partisan redistricting. The bipartisan police reform bill has failed after months of negotiations. Republicans continue to deny that the debt ceiling can be raised so the government might be in default soon. How absurd is this? Senator Cruz is holding up appointments for ambassadors for President Biden, just because he can. Welcome to the circus folks!

“Til next week, Peace.