Long-overdue calls to abolish the Electoral College are finally being heard

What do Benjamin Harrison, George W. Bush and Donald Trump have in common?

Previously published at WGBHNews.org.

The movement to get rid of the Electoral College is having a moment. For the past several weeks, pundits and politicians alike have renewed calls to do away with this 18th-century anachronism and award the presidency to the candidate who wins the most votes.

With Attorney General William Barr’s summary of the Mueller Report dealing a powerful blow to the always-unlikely scenario that Congress would impeach President Trump and remove him from office, the call for Electoral College abolition is likely to grow louder. Democratic presidential candidate Elizabeth Warren has made it a centerpiece of her campaign. Her competitors Beto O’Rourke and Pete Buttigieg agree, while Kamala Harris is leaning in that direction as well.

Buttigieg wrote in a recent commentary for CNN.com that “we need to re-evaluate the role of the Electoral College, which has — in my short lifetime — overruled the popular vote twice. It should be a commonsense position that the person who gets the most votes is the person who wins the presidency.”

New York Times columnist Jamelle Bouie has been especially thoughtful on the topic, nothing that former Maine governor Paul LePage had it exactly right when he complained recently that doing away with the Electoral College would diminish the power of white supremacy. (OK, the notoriously racist LePage didn’t put it quite that way.)

As Bouie argued, and as I wrote here more than two years ago, the Electoral College came about as a way to grant disproportionate power to the slave states of the South so that they would agree to ratify the Constitution. How? Let’s look at the numbers. Each state gets an electoral vote for every House member, plus two bonus votes for their senators. Before the Civil War, the slave states received an artificial — and morally reprehensible — boost in House and Electoral College representation because each slave counted as three-fifths of a person for the purpose of determining the number of that state’s House seats. That advantage disappeared after the Civil War, but the two extra votes for senators continue to give states with the lowest population disproportionate power. For instance, in 2016 voters in tiny Wyoming had nearly four times as much influence as those in California.

There are some myths surrounding the Electoral College that need to be put to rest. One is that the founders favored it because they opposed direct democracy. Boston Globe columnist Jeff Jacoby uncorked that one recently, writing, “The framers of the Constitution devised it deliberately as a check on direct democracy” because they did not want “important national decisions to be driven by unbridled public emotion, populist demagoguery, or the passions of the mob.”

There may have been something to that in the early days of the republic. But the problem with this theory today is that the reality is exactly the opposite of what Jacoby describes. In fact, the president is elected via direct democracy. The electors in each state are not free to exercise their independent judgment and stand fast against “the passions of the mob.” In many cases it is actually illegal for electors to oppose the will of their state’s voters. Not that there’s much chance of that happening given that they are chosen because they’re party loyalists. So we end up with the worst of both worlds — direct democracy, but distorted to favor rural states over the places where people actually live.

Another fallacy is that we’ve always lived with the reality of the Electoral College, candidates have always understood that they need to build a broad coalition of states, and that popular-vote winners who lose in the electoral count have no one but themselves to blame.

Unlike the direct-democracy argument, there is a little bit of truth to this one. “In the Trump era, Democrats are in a perpetual state of panic,” National Review editor Rich Lowry wrote recently in Politico. “They should remember that the electoral map is always changing. Before 2016, it was thought the Electoral College favored Democrats. It shouldn’t be beyond their conceiving that they can win again under the long-established rules of America’s foundational governing document.”

But here’s the problem with that argument:Before George W. Bush’s narrow, controversial victory over Al Gore in 2000, the last time a candidate became president despite losing the popular vote was 1888, when Republican Benjamin Harrison defeated Grover Cleveland, the incumbent Democrat.

That’s 112 years. Surely the public could be forgiven for thinking that the Electoral College — to the extent that they thought about it at all — was some vestigial appendage from the past that they need not worry about. Now, thanks to shifting population patterns, any Democratic candidate starts out with a disadvantage because so many liberal voters now live in a few blue, underrepresented bastions such as New York, California, and Massachusetts.

So what are we going to do about this miserable state of affairs? One possible solution is an interstate compact being pushed by an organization called National Popular Vote, which would require each state’s electors to support the candidate who won the most votes nationwide. But this strikes me as a fool’s mission, as there is no more incentive for small states to join the compact than there would be for them to support a constitutional amendment to do away with the Electoral College altogether.

And, of course, a popular, broad-based campaign can win both a majority of the popular vote and the Electoral College, thus putting the issue on the backburner. Barack Obama did it twice. So did Ronald Reagan.

Ultimately, though, we need to come to a consensus that nothing good comes of a presidency that was flawed right from the start by losing the popular vote. Bush was unable to unite the country except for a brief moment after the terrorist attacks of Sept. 11, 2001. Trump’s problems hardly need to be laid out here. But doing something about the Electoral College will require a bigger politics than we have at the moment. I’ll choose to be optimistic and hope that sometime in the not-too-distant future we can embrace something better.

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Of course there was collusion

It happened in plain sight. This isn’t a criticism of special counsel Robert Mueller, whose report hasn’t been released and who may not have found any criminal offenses. But we can’t unsee what we all saw.

At Mother Jones, the indispensable David Corn walks us through it. He writes:

[William] Barr’s note is clear that Mueller did not uncover evidence Trump and his gang were in direct cahoots with Russia’s covert operation to interfere with the US election and boost Trump’s odds. But the hyper-focus on this sort of collusion — as if Trump instructed Russian hackers on how to penetrate the computer network of the Democratic National Committee — has always diverted attention from a basic and important element of the scandal that was proven long before Mueller drafted his final report: Trump and his lieutenants interacted with Russia while Putin was attacking the 2016 election and provided encouraging signals to the Kremlin as it sought to subvert American democracy. They aided and abetted Moscow’s attempt to cover up its assault on the United States (which aimed to help Trump win the White House). And they lied about all this.

Read the whole thing.

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How Beto O’Rourke quickly lost his status as the media’s favorite slacker

Beto O’Rourke. Photo (cc) 2018 by Steve Standeford

Previously published at WGBHNews.org.

Betomania had somehow eluded me. And so when I set out to write about how the media have reacted to the launch of Beto O’Rourke’s presidential campaign, my first plan was to criticize the elevation of yet another celebrity candidate over his more substantive but less magnetic rivals.

That’s not how it’s worked out. Yes, there was the 8,800-word Vanity Fair profile by Joe Hagan, accompanied by an Annie Leibovitz cover shot of O’Rourke standing by what I assume is his pick-up truck, with archetypal dirt road, hills, and dog in the background. But that proved to be an exception.

“It is a well put-together, if unsubtle, piece of propaganda, and it should be read by anyone looking to learn the art of the puff piece,” wrote Nathan J. Robinson at the website of the left-wing magazine Current Affairs. Personally, I didn’t think it was that gushing; certainly it was spritely and readable, but it also included some harsh passages about O’Rourke’s drunken-driving arrest years ago and his alliance with the white Republican power structure during his early days in El Paso politics. But as substantive political pieces go, well, there was a lot about his youth as a punk rocker.

After O’Rourke made his candidacy official last Thursday, though, the tide quickly turned, at least according to my shockingly unscientific survey of media coverage. Yes, his record one-day online fundraising haul of $6.1 million was duly noted. But so was a less-than-woke comment he made about how he sees his role as a father and a husband — a danger zone given that his rivals for the presidency include a number of well-qualified women. Matt Viser of The Washington Post tweeted the details:

That was followed by criticism both serious and silly. On the serious side, Josh Marshall of the liberal website Talking Points Memo called O’Rourke’s rollout “A Bad Day for Beto,” arguing that O’Rourke’s early support has come from centrist elements of the Democratic Party — and that’s not where the energy is. “The Democratic nominee is not going to be the factional candidate of Democratic centrists,” Marshall wrote, adding that O’Rourke had, to his detriment, “made a good start toward becoming that guy.”

Hanna Trudo of National Journal (and, ahem, a former student of mine) offered a similar point on the podcast “Quorum Call,” suggesting that O’Rourke may have a problem running as a moderate during a year when Democrats seem to want someone more progressive. “He’s to the right of nearly every other candidate aside from Biden, I would say,” Trudo said of O’Rourke. “He’s far to the right of Sanders and Elizabeth Warren, or even Kamala Harris and Cory Booker. He’s voted for Republican policies more often than most Democrats running.”

In contrast with Marshall and Trudo, New York Times columnist Maureen Dowd offered a snark-filled update of her dreadful columns referring to Barack Obama as “The One.” And yes, it seems indisputably true that O’Rourke, like Obama, has a healthy ego and a sense of destiny that may or may not be shared by Democratic primary voters. But there’s really no excuse for Dowdian drivel like this: “We have The One again, a New One — another lanky, bookish, handsome man with an attractive young family, a thin résumé, an exotic name, a hip affect, a rock star aura, an enticing smile, a liberal press corps ready to fluff his pillows and a frothing Fox News.” As Charles Pierce of Esquire tweeted, “I was reading this but my laptop floated to the ceiling.”

So what is going on? I think part of it is that candidates never look as good as they do the day before they announce — and that O’Rourke, who was already a political celebrity, was bound to come in for more of a thrashing than a lower-profile politician might. The pundits may also be having second thoughts about O’Rourke’s loss in the Texas Senate race last year to Ted Cruz. No doubt O’Rourke deserves credit for coming within three points in a state where Republicans have a virtual stranglehold. But good grief, Ted Cruz.

And questions about whether O’Rourke is too white, too male, and too moderate for Democrats in 2020 are perfectly legitimate — notwithstanding the reality that Bernie Sanders and the still-unannounced (or should I say semi-unannounced) Joe Biden sit atop the Iowa polls, for whatever that’s worth at this early stage of the campaign.

More than anything, though, O’Rourke’s self-regard puts him in danger of becoming the most easily mockable Democratic candidate, especially since he doesn’t have a concrete issues agenda to fall back on. “I want to be in it,” he told Vanity Fair’s Hagan. “Man, I’m just born to be in it, and want to do everything I humanly can for this country at this moment.”

I’m just born to be in it. It’s a comment that a number of women have picked up on, and not in a good way. Writing at Vox, Laura McGann called out the double standard of a man making a comment that would be deadly if a woman said it, adding, “Men are rewarded in politics for showing ambition, while women are punished.” McGann is right, except that in 2019 the sense of entitlement in O’Rourke’s remark didn’t seem to make a good impression on anyone.

That old war criminal Henry Kissinger supposedly liked to joke that the infighting in academic politics is so vicious because the stakes are so low. In Campaign 2020, it’s just the opposite: Democrats and other voters in the anti-Trump coalition are so determined to win that every remark, every gesture is being held to an impossibly high level of scrutiny. And the infighting is going to be vicious.

Whether O’Rourke’s toothy, charismatic, hazy-on-the-issues appeal will have staying power is months away from being put to the test. The criticism has already reached the unserious stage, as Fox News is pillorying Reuters for sitting on a story about O’Rourke’s youthful exploits as a computer hacker on the grounds that the reporter was supposedly trying to help him beat Cruz. If nothing else, it’s a sign that if O’Rourke and his supporters were assuming that the media would be on their side, they may be in for an unpleasant encounter with reality.

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Elizabeth Warren and that Washington Post story

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Trump’s SOTU speech was a cynical exercise in pretend bipartisanship

Donald Trump and Nancy Pelosi in happier times. 2017 photo via Wikimedia Commons.

Previously published at WGBHNews.org.

Was President Trump’s bipartisan outreach in his State of the Union address Tuesday night a cynical attempt to recast himself as something he fundamentally is not? Or was it an even more cynical attempt to be seen as bipartisan while winking and nodding to his hardcore supporters? As Lily Tomlin once observed, “No matter how cynical I get, I can’t keep up.” I thought it was clear that Trump was pursuing the latter course. So take this as my attempt to stay ahead of the Tomlin curve.

The conventional take was expressed in The Wall Street Journal by Gerald Seib, who wrote: “When Donald Trump became president, there was reason to believe he might govern as he campaigned, almost as an independent, standing apart from both parties, perhaps even with an ability to bridge the two parties because he was beholden to neither of them. And for the first half an hour of his State of the Union address Tuesday night, that was the very tone he set in his remarks in the House chamber. He opened his arms to Democrats, declaring that Americans are ‘hoping we will govern not as two parties but as one nation.’”

But is that really what Trump did? Consider:

  • Near the beginning of his speech, the president said that “the agenda I will lay out this evening is not a Republican agenda or a Democrat agenda.” Referring to the Democratic Party as “the Democrat Party” is a slight that goes back decades, as then-NPR ombudsman Alicia Shepherd explained in 2010. It was a calculated way for Trump to signal to his base that he was reaching out to Democrats while actually doing the opposite.
  • Trump refused House Speaker Nancy Pelosi the courtesy of introducing him, as is the longstanding custom at the State of the Union. Kate Feldman noted the snub in New York’s Daily News, although she also observed that “he and Pelosi did share a cordial handshake during the first standing ovation.”
  • Much later in his 82-minute stemwinder, Trump began ranting about the evils of socialism — “as if it had gotten particularly far along,” snarked Jim Newell in Slate. Trump’s remarks were apparently aimed at Congress’ two high-profile democratic socialists, Sen. Bernie Sanders and Rep. Alexandria Ocasio-Cortez, and they seemed to have little effect. The #NeverTrump conservative Max Boot bemusedly pointed out in The Washington Post that Trump “equated [socialism] with Venezuela rather than, say, Denmark.” But it was a sign that Trump is prepared to go full Red Scare in what will surely be a desperate attempt to win re-election.

“Trump and his advisers can see he’s in a corner,” wrote the liberal commentator Josh Marshall at Talking Points Memo. “He needs to try to get some footing with a less confrontational, more unifying posture that most Presidents at least optically try to govern from.”

Other than Trump’s phony bipartisanship, his customary fear-mongering about undocumented immigration and crime, and his introduction of some truly admirable guests (every one of whom exuded a decency that was entirely absent from the podium), what struck me most was an unforced error in which he directly drew a parallel between himself and Richard Nixon.

“An economic miracle is taking place in the United States — and the only thing that can stop it are foolish wars, politics or ridiculous partisan investigations,” Trump said, a direct reference to the ongoing investigations into his campaign, his businesses, and his presidency. “If there is going to be peace and legislation, there cannot be war and investigation. It just doesn’t work that way!”

As Philip Bump pointed out in The Washington Post, Nixon said something remarkably similar in his 1974 State of the Union speech: “I believe the time has come to bring that investigation and the other investigations of this matter to an end. One year of Watergate is enough.” Bump’s riposte: “It wasn’t quite enough, as it turned out.”

The Democrats’ official response to Trump’s speech, delivered by Georgia Democrat Stacey Abrams, was unusually effective as these grim rituals go. Abrams gave an upbeat, warm talk while simultaneously scorching Trump over the recent government shutdown (she said she helped serve meals to out-of-work federal employees) and talking frankly about voter suppression. Abrams lost a close race for governor last November amid accusations that a variety of Election Day problems had resulted in thousands of voters in Democratic areas being turned away.

Who was watching Tuesday night? Mainly Trump voters. According to CNN polling director Jennifer Agiesta, people who viewed the speech “were roughly 17 points more likely than the general public to identify as Republicans.” And they liked what they saw, with about 60 percent giving it a thumbs-up.

Trump’s approach was pretty standard for him: Appeal to his shrinking but loyal base in the hopes that he can parlay their enthusiasm into another Electoral College victory. We are a very long way from knowing whether it will work — or even if he’ll be on the 2020 ballot given the various investigations swirling around him. It didn’t work out for Nixon. The final chapter of the Trump presidency has yet to be written.

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A malign force from Nixon to Trump: Revisiting the Roger Stone biopic

Roger Stone. Illustration (cc) by DonkeyHotey.

Previously published at WGBHNews.org.

How sleazy is Roger Stone? After the on-again, off-again Trump operative was arrested last week and charged in connection with special counsel Robert Mueller’s investigation, news reports invariably brought up Stone’s boasts that he and Richard Nixon were thisclose. Once again, we were subjected to those appalling photos of the Nixon tattoo that adorns Stone’s back. And the Nixon Foundationsprung into action on Twitter:

When even an organization devoted to “the consequential legacy and relevance” of the original unindicted co-conspirator wants nothing to do with you, it may be safely assumed that you are no ordinary political dirty trickster. And surely no one would call Stone ordinary.

What we should call Stone is the man who, more than anyone else, inflicted the presidency of Donald Trump upon us. It is easy to dismiss Stone as a foppish buffoon. But in rewatching the Netflix documentary “Get Me Roger Stone” this week, I was reminded of how crucial Stone was to the entire Trump political enterprise — starting in the late 1980s, when Trump visited New Hampshire at Stone’s instigation.

“The Trump candidacy was a pure Roger Stone production,” says Jeffrey Toobin, who wrote a profile of Stone for The New Yorker and is one of the principal talking heads in the 2017 film, directed by Dylan Bank and Daniel DiMauro.

By Stone’s own telling, his dirty tricks extend all the way back to elementary school, where he rigged a mock election between his candidate, John F. Kennedy (Stone was not yet a Republican), and Richard Nixon.

“I went to the cafeteria, and as each kid would go through the cafeteria line with their tray, I would tell them, ‘You know, Nixon has proposed having school on Saturdays,’” Stone recalls. “Well, then the mock election was held, and to the surprise of the local newspaper, Democrat John Kennedy swept this mock election. For the first time ever, I understood the value of disinformation.” With a slight smirk he adds, “Of course, I’ve never practiced it since then.”

Stone has somehow managed to convince himself that he has political convictions that go beyond notoriety and cashing in. Yes, at one point we learn that he holds libertarian views on issues such as reproductive choice, same-sex marriage, and the legalization of marijuana. What really motivates him, though, are the same inchoate resentments that have helped elect the Republican presidents he’s served.

“Those who say I have no soul, those who say I have no principles, are losers. Those are bitter losers,” he says, sitting in a limousine in a pinstriped suit, wearing a lavender hat and his trademark round dark glasses. “Everything I have done, everything I have worked for, is to propel ideas and a political philosophy that I want to see dominate in government. Donald Trump has now elevated the issues that I believe in: anti-elitism that was first identified by Richard Nixon, mined by Ronald Reagan, and now Donald Trump.”

Anti-elitism as a “political philosophy.” Well, it carried Trump to the presidency, and it continues to resonate with his base. In Stone’s world, as in Trump’s, winning is its own justification.

The range of dirty tricks attributed to Stone, often exaggerated by the man himself, is breathtaking. Arranging for a campaign donation from a phony socialist group to Pete McCloskey, Nixon’s 1972 Republican primary opponent. Destroying Pat Buchanan’s 2000 presidential campaign by means too complicated to explain here (Trump played a cameo), thus helping to ensure the election of George W. Bush. Instigating the “Brooks Brothers Riot” that stopped the 2000 Florida recount. Breaking the Eliot Spitzer prostitution scandal. Possibly even supplying CBS News with the George W. Bush National Guard documents that led to the departure of several journalists from the network, including anchor Dan Rather, after they were shown to be fake.

Toobin again: “Roger is unique in my opinion because he embraces infamy. He doesn’t worry that you’ll think he’s a sleazeball. He wants you to think he’s a sleazeball.”

Among other things, “Get Me Roger Stone” demonstrates that the Trump campaign had its origins many years ago, tying together such nefarious figures as Roy CohnPaul Manafort, Stone, and Trump himself. Trump and Manafort spoke extensively to the filmmakers, with Manafort saying, “Roger’s relationship with Trump has been so interconnected that it’s hard to define what’s Roger and what’s Donald.”

It seems likely that Stone would have been regarded as more of a real player and less of a sideshow freak if he hadn’t gotten caught up in a sex scandal of his own while working for Bob Dole’s 1996 presidential campaign, thus relegating him to the shadows. Indeed, in the film we see Stone in such ridiculous situations as yelling into a megaphone while wearing a Shepard Fairey-style T-shirt of Bill Clinton emblazoned with the word “Rape” and holding forth on Alex Jones’ conspiracy-mongering “Infowars” program.

Roger Stone may come across as an absurd character. But as the film makes clear, he’s also one of the most important political operatives of the past four decades. As “Get Me Roger Stone” winds down to its conclusion, his unseen interlocutor asks, “What message would you have for the viewers of this film who will loathe you when the credits roll?” Stone’s answer: “I revel in your hatred. Because if I weren’t effective, you wouldn’t hate me.”

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Yes, the networks were right to give Trump airtime. No, it wasn’t worth watching.

Previously published at WGBHNews.org.

Let’s get this out of the way first: Of course the networks made the right decision in giving President Trump airtime to deliver yet another pitch for his border wall. Yes, he lied, as we all knew he would. Yes, he engaged in fear-mongering, which is to say that he opened his mouth and spoke. But the notion that television executives should have said no to a president making his first request for a prime-time Oval Office address in the midst of the shutdown crisis (a crisis of his own making, but still) is hard to take seriously.

And yet that’s where we are. One activist, Ryan Knight, who tweets under the handle @proudresister, went so far as to post the phone numbers of the major broadcast networks so that his 267,000 followers could protest Trump’s appearance. “Call the networks & tell them you don’t support their decision to give airtime to a man who lies to the American people, demonizes immigrants & emboldens right-wing extremism,” Knight tweeted. His call had gotten more than 7,600 likes and nearly 4,900 retweets as of this morning. The hashtag #BoycottTrumpPrimeTime proved popular as well.

I’m not saying there weren’t real concerns about the wisdom of allowing Trump a prime-time platform. The extent to which we ought to give normal treatment to this most abnormal of presidents is an ongoing dilemma for journalism. But it would have been virtually unprecedented not to go along with the White House’s very first request for a prime-time Oval Office address. “There are three things going on: a tradition of saying ‘yes,’ that they probably want to feel it’s newsworthy and important, and that no news executive wants to be accused of partisan bias by not airing it,” former CBS News president Andrew Heyward told Scott Nover in a piece for The Atlantic. I also thought Nate Silver of Five Thirty Eight put it well:

Silver added: “So put him on and fact-check him.” Which is what they did, or at least tried to do. How effective were they? Ah, well, that’s where the major networks — our last truly mass medium — fell short. I did not attempt a comprehensive assessment, but I clicked back and forth between CBS and NBC and was unimpressed. Mostly there was a lot of so-called analysis pointing out that neither Trump nor the Democrats, in the form of House Speaker Nancy Pelosi and Senate minority leader Chuck Schumer’s response, had moved toward any sort of compromise.

CBS’s Nancy Cordes deserves some credit for pointing out that the Democrats really can’t give in lest it embolden the president to shut down the government every time he wants something. Contrast that with the Associated Press’ mind-boggling tweet in which Trump and the Democrats were assigned exactly equal portions of blame:

Cable news actually did better. I didn’t have a chance to watch them during Trump’s address, but afterwards CNN and MSNBC put up some unstinting chyrons about the president’s lies while their guests talked about what we had just seen. Two examples: “Trump Falsely Claims Mexico Trade Deal Will Pay for Wall” (CNN). “Trump Claims Southern Border Is Drug Pipeline. Fact: Most Narcotics Enter U.S. Via Ports of Entry” (MSNBC). No surprise there. But on Trump’s favorite network, Fox News, Shepard Smith was allowed to offer some rare prime-time fact-checking in which he found Trump’s claims fell well short of the truth on matters such as violent crime by undocumented immigrants, drugs at the border, and whether the president’s trade deal with Mexico would pay for a wall.

Everywhere I looked this morning, news outlets were filled with fact-checks. I thought it was notable — although less notable than it would have been a year or two ago — that both The New York Times and The Washington Post referred to the president’s falsehoods in their lead stories. The Times’ Peter Baker, in his third paragraph, described Trump’s address as “a nine-minute speech that made no new arguments but included multiple misleading assertions.” The Post’s Philip Rucker and Felicia Sonmez called it “a forceful and fact-challenged televised plea” in their very first sentence.

More than anything, what struck me about Trump’s address, the Democrats’ response, and the news coverage was a sense of fatigue. No one’s mind was changed. It didn’t seem like anyone was into it, especially once it was clear that Trump was not going to take the constitutionally dubious step of declaring a national emergency. Trump himself had said at an off-the-record lunch earlier in the day that he’d been pushed into giving the speech against his instincts. He, Pelosi, and Schumer seemed tired and disengaged, going through the same points they’ve been making over and over. U.S. Rep. Alexandria Ocasio-Cortez, D-New York, was pretty cranked up. But she was the exception.

In the end, Trump’s address wasn’t worth getting agitated about, wasn’t worth watching, and won’t be remembered.

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God help me, but I’m writing about Elizabeth Warren and the likability factor

Elizabeth Warren. Photo (cc) 2012 by Edward Kimmel.

A few very brief thoughts about Elizabeth Warren and whether she’s “likable enough” (to recycle an unfortunate old quote from Barack Obama) to be elected president — the subject of a front-page story in today’s Boston Globe as well as multiple other outlets.

First, yes, of course there’s an element of sexism to it, as there was when the same questions were raised over and over about Hillary Clinton. But let’s not get carried away — it’s not just sexism. Republicans used the likability factor like a sledgehammer against Al Gore and John Kerry, and it was effective. Their opponent, George W. Bush, was regularly described as someone you’d rather have a beer with, which always struck me as pretty odd given that Bush was an alcoholic who had given up drinking.

Second, in Warren’s case, “likability” is shorthand for something real — a lack of political adroitness despite her substantive strengths and despite being, as best as I can determine, genuinely likable. The whole Native American thing is ludicrous, and it seems as though she should have been able to put it behind her years ago when Scott Brown and the Boston Herald first tried to make an issue of it. Yet it’s still here, and it makes you think she should have handled it differently. Certainly the DNA test didn’t help.

Third, there’s something to the idea that she let her moment slip away. The news and political cycles are so accelerated now that 2016 may have represented her best chance. That has nothing to do with likability. The fact that Beto O’Rourke may be a serious candidate seems silly unless you view it in that context.

Finally, Warren’s likability is a phony issue because it’s about the pundits, not the voters. If she wins the nomination and is ultimately elected president, there’s the answer to your question: she’s likable enough.

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Romney kicks off 2020 presidential campaign

Mitt Romney. Photo (cc) 2012 by Gage Skidmore.

In case you missed it, Mitt Romney kicked off his 2020 presidential campaign Tuesday by harshly criticizing President Trump in a Washington Post op-ed piece.

It seems transparently obvious that Romney believes Trump won’t survive the Mueller investigation and that he’ll be in the best position to pick up the pieces. Add to that the fact that Utah Republicans can’t stand Trump, and this is a no-risk move by the Mittster — which is to say the only kind of move he ever makes.

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The latest low: The bully-in-chief appoints a judge who supports dwarf-tossing

Candidate Trump mocks a disabled reporter in 2016.

Previously published at WGBHNews.org.

President Trump, whose multifarious assaults on basic decency include mocking a disabled reporter in front of a crowd of hooting supporters, may have hit yet another new low. Neomi Rao, Trump’s choice to replace Brett Kavanaugh on the D.C. Circuit Court of Appeals, is an enthusiastic supporter of dwarf-tossing. Rao’s peculiar obsession with the practice of throwing short-statured people against Velcro walls was reported late last week by Stephanie Mencimer in Mother Jones.

As you might imagine, Rao, a veteran right-wing activist currently serving in the Trump administration, does not claim to take part in this humiliating and dangerous practice. Rather, she has argued on several occasions that dwarf-tossing should be a matter of choice, writing that it should be up to the tossee whether picking up a few bucks in some shady barroom is worth the risk to his health and his self-respect.

Rao explained her views several years ago at The Volokh Conspiracy, a libertarian legal blog, in which she criticized a ruling in France against a little person who wanted to take part in dwarf-tossing. Rao wrote that it “demonstrates how a substantive understanding of dignity can be used to coerce individuals by forcing upon them a particular understanding of dignity irrespective of their individual choices.” She added:

The issue is not whether laws prohibiting dwarf throwing, burqa wearing, prostitution, or pornography may be desirable social policy. Rather these examples demonstrate that the conception of dignity used to defend such policies is not that of human agency and freedom of choice, but rather represents a particular moral view of what dignity requires. These laws do not purport to maximize individual freedom, but instead regulate how individuals must behave in order to maintain dignity (and in the case of criminal prohibitions, stay out of jail).

The individual-rights argument may seem appealing. But it ignores all kinds of activities that society has decided to ban or regulate in order to protect not just the person taking part in those activities but also the rest of us — prostitution, as Rao notes, as well as drug use, cockfighting, underage drinking, casino gambling (until recently), practicing medicine without a license, and driving on the wrong side of the street. So it is with dwarf-tossing, which not only puts the person being tossed at risk of injury because of the spinal abnormalities present in most forms of dwarfism but also places others with dwarfism in harm’s way by normalizing a practice that should be considered beyond the pale.

I have skin in this game, though I hardly consider it a game. Our daughter, Rebecca, has achondroplasia, the most common type of dwarfism. My 2003 book, “Little People,” examines the culture and history of the dwarfism. Among the people I interviewed was Doyle Harris, a dispatcher at the University of Louisville and a former official with Little People of America, an organization for dwarfs and their families. As I wrote in the book:

Nearly twenty years ago, he [Harris] and some friends were waiting outside a Louisville nightclub. It was right around the time that dwarf-tossing — an Australian import that rears its ugly head wherever drunk, stupid men in their twenties gather — had first come to the attention of the media. “One of these guys came out — he was a little inebriated — and he went, ‘Oh, they’re going to have dwarf-tossing tonight. Well, let me practice,'” Harris recalled. “And the next thing I know, the guy literally picks me up and throws me out onto the grass. It was not a good situation. It was very demeaning to me. I was in fairly nice clothes, I was looking to go out, and I’m out in the grass, rolling around, getting grass stains and muddy. It was totally against my will.”

Florida, at one time the locus of dwarf-tossing in the United States, banned the practice in 1989. Incredibly, a state legislator proposed lifting the ban in 2011, dredging up the tiresome freedom-of-choice argument. As Angela Van Etten, a lawyer with dwarfism whose work helped lead to the original ban, wrote in The Huffington Post: “Dwarf tossing appeals to a lower instinct in people and creates a hostile environment in which Little People are disrespected and ridiculed. It legitimizes bully behavior.”

Exactly. Yet we now live in an environment in which bullying is not only condoned but indulged in by the president. In that respect, Neomi Rao seems like the perfect Trump appointment. According to Mother Jones, in addition to her fervor for dwarf-tossing, she holds retrograde views on LGBTQ rights and affirmative action and is an anti-regulation zealot. She should not be confirmed. But who will stop her?

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