So Goes Indiana…

Indiana Religious Freedom Law OppositionSomewhere, maybe, there is a political operative for one of the Republican presidential candidates who is sitting at a desk, hunched over a computer smiling at the viral news that the Grand Old Party has taken a another hard right turn into the war zone of culture, but some how I doubt it.

The #indiana has, at least for a few more days, reshaped and shuffled the pre-primary primary season for the Republican Party and I’m betting no one from Jeb Bush to Ted Cruz was really looking to be defined by the actions of the Indiana state legislature. But, you try to go to the White House with the issues you have, as Donald Rumsfeld might say.

Indiana, home to great basketball, fast motor racing and St. Elmo’s Steakhouse (one of the greatest I’ve ever visited), has discovered the power of social media this week. When Indiana Governor Mike Pence signed a “religious freedom” law into effect a few days ago he set off a national debate vastly beyond anything the Hoosier state has seen in a long, long time. The time that 30t-mushnick-300x3001former Indiana basketball coach Bobby Knight threw a chair hardly registers compared to the shock of Pence and Indiana Republicans touching a new third rail of American politics – discrimination couched as expressions of religious belief.

But first, let’s consider the politics. According to the Gallup polling organization, the level of acceptance of homosexuality in the country is at an all-time high – more than 60 percent – and even higher among younger Americans. Support for same sex marriage has crossed the same threshold of acceptance. According to Pew Research, opposition to same sex marriage stood at 65 percent in 1996, but by last year public opinion had shifted dramatically with 54 percent of Americans now approving of the idea.

It is not necessary to be an MIT math whiz to see that the world has changed and the pace of change is only likely to accelerate as younger Americans, vastly more accepting of all types of diversity, assert themselves in the economy and politics. The modern Republican Party is on the wrong side of this divide.

Second, in the wake of the still unfolding Indiana firestorm, Republicans find themselves in the almost always uncomfortable political position of debating the technical, legal aspects of a law. When a politician is forced, as Pence was, to say that a law he signed is not a license to discriminate against gay and lesbian Americans and then forced to explain legally how that is possible, you have the political equivalent of explaining how a watch is made when the public just wants to know what time it is.

Whether it has been completely fair or not, the Indiana legislation has been forever defined as at a minimum, opening the door to discrimination based on sexual orientation. Republican candidates have been reduced to explaining what the law doesn’t do rather than what it was reported to accomplish. So far they have mostly botched the task.

The backlash, both politically and otherwise, has been intense. One of the best Tweets I’ve seen was from the Indianapolis Motor CBcAf8RUQAEEr0q.jpg-largeSpeedway, home of the legendary 500 mile race. The Speedway’s famous sign simply spelled out: “We Welcome Everyone.”

A lengthening parade of some of the biggest business brands in the country – Nike, Walmart, Apple, Twitter, Yelp, Levi Strauss, Eli Lilly and Accenture, among others – have publicly opposed the Indiana law. The NCAA has essentially said it will not allow future big-time college athletic events in Indiana. (When the NCAA looks good in comparison, #indiana, you have a problem). All this, too, creates political fallout, as Bush will undoubtedly find when he goes calling for campaign cash in Silicon Valley this week. More importantly, business is signaling that discrimination is bad for, well, business.

So, if the politics of discrimination against gay and lesbian Americans – or even the appearance of discrimination – doesn’t make political sense, and with many of the usual business allies of the Republican Party in revolt against an Indiana-type law, why do it? [Arkansas Republican Governor Asa Hutchison apparently asked that question when presented with a similar proposal in his state. Hutchison, after first indicating he would, now says he’ll not sign the legislation.]

I think Amy Davidson, writing in The New Yorker, has the answer to the why question.

“The Indiana law is the product of a G.O.P. search for a respectable way to oppose same-sex marriage and to rally the base around it. There are two problems with this plan, however. First, not everyone in the party, even in its most conservative precincts, wants to make gay marriage an issue, even a stealth one—or opposes gay marriage to begin with. As the unhappy reaction in Indiana shows, plenty of Republicans find the anti-marriage position embarrassing, as do some business interests that are normally aligned with the party. Second, the law is not an empty rhetorical device but one that has been made strangely powerful, in ways that haven’t yet been fully tested, by the Supreme Court decision last year in Burwell v. Hobby Lobby. That ruling allowed the Christian owners of a chain of craft stores to use the federal version of the RFRA (the Religious Freedom Restoration Act) to ignore parts of the Affordable Care Act. Ruth Bader Ginsburg, in her dissent, argued strongly that the majority was turning that RFRA into a protean tool for all sorts of evasions.” She was correct.

In short, the efforts in Indiana and Arkansas involve crafting laws sufficiently vague and open to wide interpretation expecting that the new statutes can serve as a vehicle to get a case in front of a judge who might rule in a way that creates an eventual avenue to the Supreme Court. The Indiana law is not so much about making public policy that can be debated and clearly understood, as it is about teeing up a legal argument that leaves the dirty work of defining the line between religion and discrimination to five conservative justices. Any bets on how that comes down?

Indiana’s governor, in denying the discriminatory intent of the law in his state, said the new statute, “only provides a mechanism Penceto address claims, not a license for private parties to deny services.” Or perhaps more correctly, as Davidson writes, the Indiana law provides “a mechanism to discriminate, rather than a license. What it certainly will do is give some people more confidence to discriminate. But is that what Indiana really wants? And is that what the G.O.P.’s 2016 candidates should be looking for?”

Interestingly, in a debate that mirrors the on-going debate in Idaho (and elsewhere) over creating specific state-level prohibitions against discrimination directed toward gays and lesbians, the perfect fix for the Indiana dilemma is merely for the legislature to create such protections in law. So far that remedy, a specific statement of public policy opposed to discrimination, hasn’t been a serious part of the discussion in Indiana. Of course, Idaho continues to dance around that clear choice, as well. As this debate continues to unfold, Idaho policy makers might want to listen closely. It is not completely farfetched to think that Idaho could become Indiana.

But here is the ultimate political, indeed moral, bottom line: If you are reduced to arguing that something you have done in the name of “freedom” isn’t really designed to create an ability for some people to deny freedom – that’s what discrimination is – against some other people, while couching it all in the smoke of “restoring religion” you are likely on the wrong side of a very dubious argument, not to mention history.

 

Harry Reid’s Senate Legacy

Having lost the majority after the 2014 election, suffering a gruesome injury that nearly cost him sight in one eye, and facing gty_harry_reid_press_conference_glasses_jc_150224_16x9_992another bruising re-election campaign in Nevada, it’s not a huge surprise that 75-year old Senator Harry Reid, a fixture in Senate leadership for more than a decade, decided that he will hang it up when his term ends next year.

As a young man Reid was a decent boxer and throwing punches with wild abandon is an appropriate metaphor for Reid’s pugnacious tenure as a Senate leader. Reid has been an unapologetic boxerpartisan. He has made it his personal cause to expose the Koch brothers influence on American politics and Reid accused Mitt Romney, with no real evidence, of paying no taxes during the last presidential campaign. That attack line alone messed up a week of Romney’s campaign.

Reid is also something of a political contradiction. A practicing Mormon, Reid has been a huge champion of Nevada’s glittering gaming industry. His LDS faith certainly didn’t keep him from savaging fellow Mormon Romney in a fashion that made Barack Obama’s attack lines seem tame by comparison. Reid has also championed the mining industry inside a political party where digging things up is considered bad form. All politics is local, after all, and gambling and mining make Nevada go and as for Reid’s brand of politics – once a brawler, always a brawler.

Charisma challenged, not an eloquent speaker, never one to frequent the Sunday morning green rooms that are the natural habitat of Washington’s gasbags, Reid is in many ways a throwback, an often parochial senator from Nevada who will also leave a substantial mark on American political history. His fighting instincts, as well as the political times, made Reid one of the most partisan Senate leaders in a long, long time and he certainly deserves a big dose of responsibility for the toxic levels of American political discourse. Reid has both lamented and contributed to the new norm – the politics of obstruction.

Still, love him or hate him – and there are many in both camps – Reid will, I believe, figure prominently in Senate history both for his longevity in leadership and, love it or hate it, for at least five things that might not have happened without him.

The Power of Harry…

First, without Reid’s statewide political organization it is questionable that Obama would have carried Nevada in 2008 and 2012. Look at the Nevada map. It is mostly red, but Reid’s political influence rests heavy in the state’s population200px-Nevada_presidential_election_results_2012.svg centers – Las Vegas and Reno. These cities and their suburbs are where Reid has won his elections in Nevada and where Obama won, as well. In the currency of electoral politics, Harry Reid delivered Nevada for the Democratic presidential candidate – twice.

Without Reid serving as “master of the Senate” in 2009, it’s hard to believe Obama could have rounded up enough votes to pass the controversial $787 billion stimulus legislation – remember it took three Republican votes. Not a single House Republican voted for the stimulus bill, but somehow Reid crafted a degree of bi-partisanship to ensure that the legislation reached Obama’s desk.

Reid’s fingerprints are all over passage of the even more controversial Affordable Care Act (ACA). Without Harry Reid it’s unlikely that the sweeping health insurance reform legislation would have happened, since passage required that he hold every single Democratic vote in the Senate. The legislation may eventually be considered along side Social Security as a great legislative triumph or it may be shot down by the Supreme Court. Either way Harry Reid was a principle architect and that legislation alone likely cost him his job as majority leader.

Reid will also be remembered for finally taking the historic step to end the Senate filibuster, alg-reid-sotomayor-jpginvoking the “nuclear option,” regarding most presidential appointments, particularly including federal judges. As a result, Obama has very quietly reduced the backlog of vacancies on the federal bench, including filling empty seats on the influential federal circuit court for the District of Columbia. That court, considered second only to the Supreme Court in importance, has shifted under Obama from being dominated by the appointees of Republican presidents to one with a majority of judges selected by Democrats. Reid certainly also gets some of the credit for ensuring that two more women were confirmed to the Supreme Court.

Just Say No to Yucca Mountain…

MOUNTAIN YUCCA NUCLEAR WASTE FACILITY NEVADA DESERT WEST DUMP GOVERNMENT FUEL SPENT TUNNELFinally, when tallying Reid’s legacy it’s impossible not to note his singular role in putting sand in the gears of national nuclear waste policy. Reid has fiercely opposed the long-time federal government plan to develop a high-level nuclear waste disposal site at Yucca Mountain north of Las Vegas. His unrelenting opposition helped convince the Obama Administration to quit work on the project, leaving the nation without any plan to dispose of the vast amounts of nuclear waste that remain scattered around the country.

A Limited Number of Great Leaders…

I would argue that since the post was formally established in the 1920’s there have been very few truly great and effective Senate leaders. Any list of “masters of the Senate” must, of course, include Lyndon Johnson whose bigger-than-life style and mastery of the personal politics of the institution in the 1950’s have never been matched.

Montana’s Mike Mansfield, still the longest serving majority leader, would be on any list of greats and for reasons opposite those that put Johnson is on the list. Where Lyndon bullied, blustered and begged senators to his will, Mansfield was the quite behind the scenes conciliator. Johnson would assault his colleagues with the full on “Johnson treatment.” A flurry of words would lbj1accompany Lyndon’s hands tugging on the lapels of a suspect’s suit, while he leaned in and physically overpowered another of his victims. As the photo makes clear he even used “the treatment” on a young John Kennedy and a stunned Scoop Jackson.

Mansfield, in contrast, puffed on his pipe, listened and tried to work things out. More often than not he succeeded, so much so that upon his death one of the Senate’s most erasable partisans, Alaska’s Ted Stevens, told me that Democrat Mansfield was the best leader the Senate had ever seen.

Considering the often ugly and almost completely unproductive Senate we see today we can fondly remember Republican leaders like Bob Dole and Howard Baker, partisans with an ability to make a deal. In the 1930’s Franklin Roosevelt depended on Joe Robinson of Arkansas to get most of his New Deal through the Senate and Robinson, always a loyal Democrat also revered by his Republican colleagues, obliged. Oregon’s Charles McNary, never in the majority, was thoughtful, cool and respected by his Senate colleagues. In many ways McNary was a model senatorial leader, particularly one having to operate in the minority.

1101640710_400The “wizard of ooze,” Republican Everett Dirksen of Illinois, critical to passage of historic civil rights legislation in the 1960’s, and Democrat Robert Byrd, passionate in his love of the Senate as an institution, clearly rank in the top tier of Senate leaders. But beyond that short list the pickings are pretty thin, which is why the frequently controversial Harry Reid – love him or hate him – and his accomplishments – love them or hate them – will likely ensure that he finds a place of permanent importance in the history of successful leaders of the United States Senate.

Harry Reid has been a political fighter with all the charm of an ill-tempered bull dog. His partisanship clearly contributed to the current do-nothing U.S. Senate where he has been the perfect foil to the equally charmless and partisan Mitch McConnell. Reid could put his foot in it Joe Biden-style, once calling New York Senator Kristen Gillibrand “the hottest senator” and candidate Obama “light skinned.” When asked about regrets he might harbor in his fight with the Brothers Koch, Reid simply said: “Romney didn’t win did he?”

In the age of poll tested, bland candidates who measure every word and fret over every action, political junkies are going to miss the old boxer from Searchlight, Nevada. He took a few punches, landed a few himself, and never committed the unpardonable political sin of being dull. Fighters rarely are.

Leader of the Pack

“I want to be able to go out at the top of my game…I don’t want to be a 42-year-old trying to become a designated hitter.” – Baseball fan Harry Reid on his decision to retire from the Senate.

It is often said that being president of the United States is the “toughest job in the world.” If that is true then being the Senate Majority Leader is certainly the second toughest job in Washington, D.C.

Harry ReidHarry Reid did the job longer than most and during a time – he shares the blame, of course – that marked one of the most partisan periods in the history of the Senate. Now in the minority, Reid announced last week that he will hang it up when his term ends next year.

Reid’s expected successor as Democratic leader, hand-picked it seems by the former boxer from Searchlight, Nevada, is New York Senator Charles Schumer who, one could expect, will extend the sharply partisan tone once his desk is directly across the aisle from Republican Majority Leader Mitch McConnell of Kentucky.

A Rare Big State Leader…

Schumer, should he be successful in replacing Reid next year, will be the first Senate leader in either party (majority or minority leader) to hail from New York. In fact, it is a historical Schumer-Reidcuriosity that the leaders of both parties in the Senate most often come from smaller states; states like Harry Reid’s Nevada.

The role of “Senate leader” is relatively new, at least in the long history of the United States Senate. The first formally designated “leader” was elected by the then-minority caucus of Democrats is 1919. The “Majority leader” title at that time was only informally conveyed on Massachusetts Republican Henry Cabot Lodge, who also chaired the powerful Foreign Relations Committee. The GOP majority made “the leader” an official designation in 1923 and since that time politicians from smaller states have for the most part occupied the top jobs in the Senate.

Of the biggest states, only Illinois has had two senators, Republican Everett Dirksen and Democrat Scott Lucas, in leadership. Meanwhile, Maine, Kentucky, Tennessee and Kansas have each had two senators in top jobs, while South Dakota, West Virginia, Montana, Nebraska, New Hampshire, Indiana, Oregon, Arizona and Mississippi each have had senators in leadership.

There are but a handful of exceptions to the small state leadership rule, most notably Texas (Lyndon Johnson), California (William Knowland), Pennsylvania (Hugh Scott) and, very briefly, Ohio (Robert Taft). Schumer will be another exception. Interestingly, with the exception of LBJ (who held a leadership position for eight years) and Scott (minority leader for six year) none of the big state leaders have held the job for long.

The longest serving leader remains Montana’s Mike Mansfield who served for sixteen years, all Mansfield_Dirksenas majority leader. By the time Reid is done, at least in terms of longevity, he’ll be in the company of Arkansas’ Joseph T. Robinson (fourteen years) and West Virginia’s Robert Byrd and Kentucky’s Alben Barkley (twelve years).

It is also interesting that Democratic leaders tend to last longer than Republican leaders. Reid’s tenure in leadership will put him in the top five of longest serving Senate leaders, all Democrats. Republicans Bob Dole of Kansas and Charles McNary of Oregon are the longest serving GOP Senate leaders, each having served eleven years.

So, why do smaller states tend to produce more Senate leaders? Could the Senate as an institution have a bias against senators from larger states? Could it be that serving as a senator from a large population state is more demanding than doing the same job in a smaller state therefore leaving more time for other duties like herding Senate cats as a leader?

My own theory – unburdened by any real evidence – is that small state senators just might be better at the skills of “retail” politics; the meeting and greeting, remembering names and faces, the attention to details that Mansfield, Johnson, Dole and Howard Baker put to such good use. Perhaps small state senators also regularly meet more voters, hold more town hall meetings, deal with more small town mayors and eat more tough chicken at Rotary Club meetings. Senators from larger states tend to operate on a more “wholesale” basis, often communicating with constituents largely through the media. Perhaps they just aren’t as good at the “soft” people skills that make for good leaders.

Mike’s Approach…

The legendary Mansfield’s approach to his job as a U.S. senator might support my thesis. Mansfield, a bit of a loner all his life, would routinely show up in various Montana cities, Mansfieldsmoking his pipe, sitting alone in a coffee shop or hotel lobby just waiting to be engaged by a voter and “accepting conversation from whoever happened by.” Mansfield’s biographer Don Oberdorfer has written that the then-Senate Majority Leader’s “favorite haunt in the university town of Missoula was the Oxford Bar and Grill, where gambling took place in the basement, reachable through a meat locker.”

Mansfield became legendary in the Senate for his ability to listen, understand competing points of view and treat everyone with patience and respect. Did he hone those skills sitting at the bar of the Oxford in Missoula?

In the rarified, clubby environment of the U.S. Senate, people skills – modesty, ability to listen, empathy, and fairness – still matter, even in this age of poisonous partisanship. I suspect it also helps to know how to find the card game going on in the basement.

 Tomorrow: Love him or hate him, Harry Reid leaves a substantial legacy.

 

Strong Inside

I love college basketball and of course the love affair is in full blossom this time of year. My romance began in 1966 when a bunch of unknown upstarts from a Podunk school in El Paso – who ever heard of Texas Western College? – won the NCAA championship over the vaunted Coach Adolph Rupp and the University of Kentucky Wildcats.

TWCThere have been a thousand (or more) great college basketball games since 1966, but for my money none was better or more important than Texas Western’s 72-65 win over the big dogs from Kentucky and the segregated Southeastern Conference (SEC). The Texas Western Miners started five black players in that 1966 game. Kentucky didn’t have a black player until 1969. Adolph Rupp, the Baron of the Bluegrass, a Hall of Fame coach who won 82 percent of his games, went to his grave remembered for that championship loss by his all-white team to a talented and determined all-black team. It is stunning to remember that Rupp refused to shake hands with the Texas Western players after the game. And it should be just a little embarrassing to Kentucky fans today that the still vaunted Wildcats play their home games in Rupp Arena.

As Kentucky steams toward another national title, let’s just say that I’m for anyone but Kentucky. Call it a grudge and label it unreasonable, since the Wildcats now depend on spectacularly talented African-American players to maintain an unbeaten season, but I have a long memory.

Maybe its just Kentucky. I’ve long remembered a great line uttered by the supremely talented Civil War historian Gary Gallagher who once joked that Kentucky stayed loyal to the Union during the rebellion and “only joined the Confederacy after the war.” Adolph Rupp and his basketball team were still fighting that war more than a hundred years later.

Strong Inside…

All this old basketball and racial history came rushing back to me recently with the publication of a fine and important new book on basketball and race in the SEC, the pioneering courage of an African-American player at Vanderbilt who was the first to play in that storied league and how far we have come – and still need to go.

The book is Strong Inside, the gutsy story of Perry Wallace and his trials and triumphs in the SEC in the late 1960’s. The author Strong Insideis Andrew Maraniss (son of Washington Post associate editor David Maraniss, author of acclaimed books on Roberto Clemente, Bill Clinton and Vince Lombardi, among others).

In many ways the centerpiece of Wallace’s story is the account of a game he played in 1968 in Oxford, Mississippi. Remember the context. The Ole Miss campus was finally integrated in 1962, but not before a full-scale riot, a death and many injuries marked the school with scars that are still visible. The racist governor of Mississippi, Ross Barnett, played to local politics and his own ambition when he defied federal courts and President John Kennedy when James Meredith wanted to register for classes at Ole Miss.

In 1963, NAACP organizer Medgar Evers, an Army veteran of World War II, was assassinated in the driveway of his home in Jackson, Mississippi. Three young civil rights workers were murdered in Philadelphia, Mississippi in 1964. Bloody Sunday took place in Selma in neighboring Alabama in 1965. It was into that environment of hate, fear and racism and that a courageous Perry Wallace stepped when he set foot on the basketball court in Oxford for the first game in Mississippi featuring a black player.

Shortly before halftime a white elbow was thrown at Wallace, a blow “so fast that no one knows who threw the elbow,” Perry Wallace Senior YearMaraniss says. The blood flowed from Wallace’s wound, the crowd cheered and no referee blew a whistle. “When halftime ended,” the Washington Post noted in a recent review, “Wallace was left alone in the locker room with a bag of ice and a swollen eye. He was ‘shaken not just by the physical blow but by the relentless taunting. . . . He could hear the Ole Miss crowd react when his teammates returned to the court without him: ‘Did the nigger go home? Where’s the nigger? Did he quit?’”

Wallace didn’t quit. He helped Vanderbilt win that game, but had to make the long walk back to the basketball court all by himself. None of his white teammates made the simple gesture of walking with him. In other SEC basketball venues Wallace “was spit on and pelted with Cokes, ice and coins. At LSU, some Vanderbilt players claimed, a dagger was thrown on the court in Wallace’s direction. . . . In Knoxville, teammates remember, fans dangled a noose near the Vanderbilt bench.”

Perhaps the most remarkable aspect of Wallace’s story is the grace and dignity with which he dealt with such unspeakable abuse and overcame it all. Today Wallace is a widely respected law professor at American University in Washington, D.C. and a man humble in talking about his pioneering role in SEC basketball. Perry Wallace 1Vanderbilt officials, originally peeved when Wallace talked candidly at the end of his playing days about his experiences, finally made peace with him and retired his jersey in 2004. Perry Wallace deserves to be more widely remembered and Andrew Maraniss’s book is a wonderful start.

Banning the Dunk Shot…

Wallace stood just 6’5”, which, even considering the standards of his day, made him a rather small frontline player, but the guy could jump and Maraniss writes, “the ‘stuff shot’ was Wallace’s most reliable offensive move.”

The long-prevailing basketball wisdom holds that the “dunk shot” was banned to neutralize the inside play of the great UCLA post man Lew Alcindor – Kareem Abdul-Jabbar. But, Maraniss makes a compelling case that Wallace and his role as the first black player in the SEC also had much to do with banning the dunk. In that 1966 NCAA championship game Texas Western’s unforgettable big man, David Lattin, “embarrassed Rupp’s Wildcats with a powerful dunk over Pat Riley,” later a great NBA player and coach. “The next season,” Maraniss writes, “Lattin’s protégé, Wallace, embarrassed Rupp’s freshman team with his slam over Dan Issel,” also later an NBA star.

Shortly thereafter the NCAA rules committee, long dominated by Adolph Rupp, changed the rules to ban the dunk, a decision Ruppthat it is hard not to conclude was racially motivated. Rupp’s Wildcats never scheduled Lew Alcindor’s UCLA Bruins, but they played Perry Wallace’s Vanderbilt team twice every season. “While the [dunk] ban wasn’t directed at Wallace,” Maraniss says, “it was more than just a coincidence that the rules of the game changed just as the first black player – a prolific dunker – was about to enter the league that Adolph Rupp had dominated for decades.”

Sports at the college and professional level along with the United States military have been more successful than virtually any other segment of our culture in advancing the cause of racial equality. Both have their problems to be sure, but both have also shown what America might be if we finally come to grips with our haunted racial past and commit to a better future. Perry Wallace’s largely forgotten story is a testament to what one man can do to make ours a more perfect union and proof that heroes are found in many places, including above the rim.

Perry Wallace and Andrew Maraniss were recently featured on the NPR program Only a Game when they were interviewed by Bill Littlefield. NPR’s All Things Considered also recently featured a story on the book.

The Maraniss book was published by Vanderbilt University Press. Order it up. If you’re a basketball fan you’ll enjoy it. If you enjoy an uplifting and great American story you’ll love it.

 

Third Act for a Bomb Thrower

He was one of the most polarizing political figures of the last half-century in Idaho, a union and gay rights basher who was part of the Tea Party before we called it that and before the Republican Party came to be too dominated by, well, guys like Gary Glenn.

GlennLong-time observers of Idaho’s politics – and now Michigan politics – will recognize his name and his tactics, including the brash one-liner, the scorched earth approach to every issue, the politics that reduce your opponent to a beast determined to ruin the culture. Those who long for a politics where opponents aren’t routinely demonized will not be surprised that Glenn, the one-time Idaho bomb thrower, is these days lobbing his grenades as a duly elected state representative in Michigan. You can be forgiven for thinking Idaho’s gain has become Michigan’s loss.

Wearing his religion on his sleeve, Glenn is in the forefront of efforts to deny marriage rights to gay couples in Michigan. Glenn’s American Family Association Michigan chapter – he’s the president – is widely described by human rights organizations as a “hate group.” As a legislator, Glenn is still advocating low taxes – or perhaps no taxes – and opposing a Republican governor’s plan to invest in Michigan infrastructure. And, of course, Glenn has ridden his “right-to-work” hobbyhorse for thirty years, all the way to Midland, Michigan, while preaching “freedom” for everyone but those unfortunate souls who happen to disagree with him.

At a state university in Saginaw, Michigan recently two dozen students showed up to protest an appearance by the former Idaho firebrand. According to the local newspaper the students, taking exception to Glenn’s harsh anti-gay rhetoric, chanted, “Hey, ho, Gary Glenn has got to go” and “2, 4, 6, 8, Gary Glenn is full of hate.” The Southern Poverty Law Center, the civil rights group Saginawthat once had a hand in driving the Aryan Nations out of Idaho, reports on its website that Glenn offered these helpful comments about gays in 2001: “As with smoking, homosexual behavior’s ‘second hand’ effects threaten public health….Thus, individuals who choose to engage in homosexual behavior threaten not only their own lives, but the lives of the general population.” Some things never change.

The Hired Gun…

If you want to mark a date on the calendar when Idaho politics truly began to change for the worse you could start with the day in 1985, when the Idaho legislature, after a bruising political battle, passed anti-labor “right-to-work” legislation over the veto on then-Governor John V. Evans. When unions succeeded in getting the issue on the ballot in 1986 the resulting campaign was particularly ugly. Glenn, a fresh-faced newcomer to Idaho – some called him not incorrectly a “carpetbagger” – orchestrated that nasty battle utilizing the kind of over-the-top tactics of intimidation and exaggeration – union “thugs” where threatening western civilization – that have become the norm in politics.

Before Glenn and the National Right-to-Work Committee targeted Idaho with bundles of outside money and deployed the politics of “if you’re not for us, you are against us,” Idaho was an organized labor backwater. In modern times the state had little history of labor unrest, but the unionized miners, timber workers and electricians tended to support Democrats who advocated for better schools and better paying jobs. Labor’s foot soldiers and campaign money never – at least not since the early 1950’s – gave Democrats a majority in the Idaho Legislature, but they did help keep the party competitive and helped elect guys like Evans, Frank Church and my old boss Cecil Andrus.

There are endless debates about the economic impacts of right-to-work on wages, job creation and the quality of employment opportunities and you can find studies and experts to support almost any point of view, but it’s beyond denial that the passage of the law in Idaho dealt a big blow to the Democratic Party. This was, one suspects, a big factor in Wisconsin Governor Scott Walker’s recent push to make that once labor friendly state the latest to put the state between union members and management.

It is also clear that Idaho’s ranking in one important economic category – personal income – is hardly an advertisement for the wonders of anti-labor public policy. According to Department of Labor statistics, “Idaho ranked dead last in 2013 with individual median income at $27,932 — likely aided by the fact it was at the bottom of all the states for the median income for women, $21,908. The Idaho median income for men was $33,623 — good for 48th place.”

If you like one-party government populated by a crop of legislators who now pass resolutions calling for the “impeachment” of federal judges who rule “incorrectly” on same sex marriage, oppose a Hindu prayer to open a legislative session, continue to defund education and deny basic human rights protections to the LGBT community then Gary Glenn deserves honorary Idaho citizenship. The do-almost-nothing Idaho legislature (remember, it wasn’t always so), is a monument to the lack of a political middle in the state and that too has roots in the long ago battles that Glenn and like minded allies stoked for maximum partisan mileage.

As an historical footnote, I remember some Idaho Republican legislators in the 1980’s who were dubious about right-to-work potatoes_0asking why it was OK to mandate that every Idaho hop or potato farmer pay an assessment to support a state-mandated commodity commission, but the principle of every union member paying dues to support has bargaining organization was “coercion” and “a denial of freedom.” One man’s freedom is another’s “compulsory” union dues or, if you prefer, mandatory, state-sanctioned assessments on pea and lentil growers. I’m still waiting for the Idaho “freedom” movement to outlaw mandatory assessments on farmers, which exist, of course, in order to market products and advocate political causes for a special interest group. Journeymen plumbers are obviously in a different class. Talk about a closed shop.

Right-to-work legislation has never about “freedom,” as Glenn peddled the concept, but rather represented a cynical two-pronged strategy to weaken collective bargaining and erode support for Idaho Democrats. It worked like gangbusters and had the additional benefitunion of depressing wages.

After steamrolling the right-to-work effort in Idaho, Glenn was hired as the political operative for the state’s cattle ranchers and tried, with some success, to use that platform to create his own path to political power. The cattle lobby was a “voluntary” organization were members paid “dues,” but you won’t find many cowboys who don’t volunteer and ante up. More freedom, I guess.

Cece Andrus famously refused Glenn admission to the governor’s office in those days and did not, as Glenn’s partisans incorrectly claimed, “throw him out” of the big office on the second floor of the Idaho Statehouse. Andrus, with no use for completely partisan hired guns like Glenn, loved to say that he most certain did not “throw” Glenn out, which would have been impossible since the hired gun never got his brand new Tony Lamas across the door jamb.

Glenn next brought his polarizing brand of partisanship to the Ada County Commission and spent two contentious terms mostly preening for television cameras and fighting with other elected officials. Before long he lost a Republican primary for Congress and decamped for Michigan and, one might hope, obscurity. But not so fast. In 2012 Glenn unsuccessfully sought the Republican U.S. Senate nomination in Michigan, but that run merely served to open his third act and he captured a seat in the state legislature in 2014. You have to give the guy credit; he is a political survivor.

The Third Act…

I believe Glenn when he says, as he did in an Idaho Statesman piece marking the 25th anniversary of right-to-work coming to Idaho, that he is a “true believer” in his brand of ultra-conservative politics, the kind of politics that gains him regular attention from civil liberties groups who monitor the hateful drivel of Glenn and other divisive personalities like Glenn Beck and the radio preacher Bryan Fisher, two more professional agitators with Idaho antecedents.

Glenn is a true believer, but also a first-class opportunist, one of those people in politics who live to divide and chide. He’s made a living pumping out his anti-gay, anti-union, anti-tax mumbo jumbo, but beyond being against people not like him you have to wonder what he has to show for a lifetime of agitation?

Gary Glenn reminds me all these years later of the great question Lyndon Johnson asked of another fear and hate monger, George Wallace, during the darkest days of the voting rights struggle in 1965. “George,” LBJ said to the blustering Alabama governor, “what do you want left after you when you die? Do you want a Great…Big…Marble monument that reads ‘George Wallace – He Built?’…or do you want a scrawny pine board laying across that harsh, caliche soil, that reads, ‘George Wallace – He Hated?’”

Glenn left a questionable and negative mark on Idaho and now builds a dubious mark, as successful opportunists tend to do, in a new venue where, one suspects, all his nasty history is little understood. Still, his long “career” begs the question of just what has he built and what has his disdain for those who think differently really accomplished? He has certainly succeeded in keeping himself in the public eye and, ironically for someone who has so consistently preached the anti-government gospel, Glenn has once again landed on the public payroll, a perfect place from which to lament all the evils of government. As the same time, and in the name of “liberty” and “freedom” he has long championed causes that deny rights to others, while helping breed the absurd levels of animosity that are at the center of what passes for politics these days.

Michigan must be proud. Hate has a new lease on life. Mr. Glenn has opened his third act.

 

The Appearance of Influence

       “…this Court now concludes that independent expenditures, including those made by corporations, do not give rise to corruption or the appearance of corruption. That speakers may have influence over or access to elected officials does not mean that those officials are corrupt. And the appearance of influence or access will not cause the electorate to lose faith in this democracy. “ – Justice Anthony Kennedy in Citizens United v. Federal Elections Commission, 2010.

Generally speaking there are two types of political scandal: the sex scandal and the money scandal.

The first type of scandal, perhaps for obvious reasons, gets more attention from public and press. Think of Bill Clinton and the blue dress, Mark lewinsky-beretSanford hiking the Appalachian Trail all the way to his Argentine mistress, General David Petraeus going all in with his biographer (and sharing much more than pillow talk) and, of course, the continuing saga of former Senator Larry Craig’s wide stance in the Minneapolis airport. One could go on and on – Packwood, Weiner, Edwards – it is a long, long and bipartisan list.

The other type of scandal – the money scandal – is generally less memorable, but also more important. Political sex sells and fuels late night comedy. Political money merely corrupts. Like political sex scandals, political money scandals are a bipartisan problem and unlike what Justice Kennedy naively (or cynically) wrote in that Supreme Court decision, vastly expanded access to money and private influence in our politics has, and will continue to erode “faith in this democracy.”

Several recent cases still in the news make the point: Illinois Representative Aaron Schock, former Oregon Governor John Kitzhaber, would-be president Hillary Clinton and Senator Robert Menendez or, if you prefer, Governor Chris Christie of New Jersey are in the top-of-mind scandal class. (It probably goes without saying that in any list of political scandals involving money, New Jersey is routinely entitled to two mentions.)

Schock is the junior Republican from Peoria who first came to national prominence when a Washington Post story reported on the elaborate SchockDownton Abbey-like redecorating of his Capitol Hill office, a real estate makeover that likely constituted an illegal gift. It didn’t take long for the deep red walls and Edwardian touches to gave way to more important insights into Schock’s extensive connections to his wealthy donors. As the Post reported recently, the Congressman’s Lord Grantham moment “prompted a flurry of stories about his use of private charter planes that he says are to get around his district, concert ticket purchases, trips overseas and other forms of travel.” Expensive tastes are hardly an indictable offense, but failing to report gifts from donors or using their airplanes improperly may well be and Schock has now announced his resignation, likely just before his indictment.

There have been so many twists and turns to the sad and bizarre Kitzhaber saga in Oregon that is has become difficult to keep track of all of them, but it seems clear that an underlying theme in the tangled web that drove the four-time elected governor from office was…wait for it…money.

Kitzhaber’s fiancée seems to have been obsessed by making money and oblivious to how her public role created conflicts, or worse, for the couple. In another case, as reported by Willamette Week, Kitzhaber courted one of his biggest campaign donors, a developer who had given candidate Kitzhaber more than $65,000 since 2010, by attending a “summit” organized by the donor, who incidentally regularly complained to the governor about state environmental regulators. As the paper noted following the “summit,” which Kitzhaber had flown to on the donor’s private plane, the then-governor “asked a fundraising consultant how much money [the big donor] had given his re-election campaign so he could hit up another summit attendee…for the same amount.”

The Hillary Clinton case is even more obtuse, but no less troubling, involving Clinton the Secretary of State, Clinton the world famous mover and shaker of the Clinton family foundation (which has received millions from corporate and foreign sources) and coming to a campaign trail near you soon, Clinton the presidential candidate. If you think the recent flap over Hillary’s emails (particularly the ones that have been destroyed) doesn’tReadyPoster involve the intersection of her official work at the State Department and her work, as well as her husband’s and daughter’s, with the high flying Clinton foundation, and now the need to raise a billion dollars or so to run for the White House, well I have some aluminum siding I’d like you to consider.

A CBS New investigation found that one donor to the Clinton Foundation, “Rilin Enterprises – pledged $2 million in 2013…The company is a privately-held Chinese construction and trade conglomerate and run by billionaire Wang Wenliang, who is also a delegate to the Chinese parliament…The firm owns a strategic port along the border with North Korea and was also one of the contractors that built the Chinese embassy in Washington. That contract is a direct tie to the Chinese government.” We haven’t heard the last of these kinds of stories and she hasn’t even announced.

Senator Menendez’s scandal seems to involve more garden-variety type corruption – doing big favors for a big donor. For months the Justice Department has been looking into the connection between the Soprano State senator and a wealthy South Florida eye doctor, Salomon Melgen, who clearly loves Menendez. As Slate has noted, the doc and his family “gave $33,700 to Menendez’s 2012 re-election campaign, as well as $60,400 to the Democratic Senatorial Campaign Committee while Menendez served as its chairman during the 2010 election cycle. But the biggest contribution by far was a series of three payments totaling $700,000 that Melgen’s business gave in 2012 to Majority PAC, a Democratic super PAC that in turn shoveled nearly $600,000 toward Menendez’s re-election that year. Melgen also paid for two free trips that Menendez took in 2010 to Melgen’s seaside mansion in the Dominican Republic,” a gift that Menendez did not initially disclose, but for which he later paid $58,500 to reimburse.

And what did the donor get beside the stimulating company of a United States Senator? “In recent years,” Slate reports, “Menendez repeatedly interceded on Melgen’s behalf in a dispute with the Centers for Medicare and Medicaid Services over allegations that Melgen had overbilled Medicare for millions of dollars for injections he was performing on patients with macular degeneration. Menendez has also been pressing on Melgen’s behalf to help him see through a deal he has to sell port-screening equipment to the Dominican government.”

The latest Chris Christie greasiness in New Jersey rings of the kind of thing that the notorious Boss Tweed did across the Hudson more than a century ago – hand out tax breaks, contracts and other goodies to the politically well-connected and then sit back and reap the rewards. As the Associated Press reported this week, on Governor Christie’s watch, “New Jersey has authorized more than $2 billion in economic development tax breaks since 2014, often to corporations with notable political connections. One grant went to a developer who owes millions of dollars on an unpaid state loan.”

Christie’s administration lavished more than $600 million in tax breaks on Camden, New Jersey, (population 77,000) an amount four times the city’s annual budget. As AP notes, “As money has flowed to development in Camden, some trickled back into politics. Camden tax incentive recipients donated more than $150,000 to the Republican Governors Association during the time Christie ran it. But no donations are as notable as those from Pennsylvania developer Israel Roizman. Last February, the state awarded tax incentives worth $13.4 million to Broadway Associates 2010 LLC, a real estate development company he controls. The project in question: refurbishing 175 low-income housing units that deteriorated under two decades of Roizman’s ownership.”

It turns out Roizman – and here is proof that the acrid stench of corruption smells of bipartisanship – was a big “bundler” of campaign cash for Barack Obama, but also thoughtfully “donated $10,000 to the Christie-led [Republican] governors association in late 2013, a few months before receiving his tax breaks. Last year, he gave the group the same amount.” Meanwhile, the developer owes the New Jersey housing agency “$6.2 million in unpaid loans on another Camden housing project.”

There may be perfectly simple explanations for all these unrelated cases and it would not be correct to say the corrosive Citizens United decision alone ushered in a new era of corruption in our politics. The country’s convoluted campaign finance apparatus is so complex that it has spawned an entire industry of lawyers and consultants who make it their life’s work to navigate the system.

Still, to believe that cases like Schock, Kitzhaber, Clinton, Menendez, Christie and many others can be innocently explained away, one must accept Thomas Nastthe idea that really wealthy people give money to political candidates simply out of the goodness of their hearts or because of their passionate belief in the candidate or the cause. (Some do, of course, but their commitment could be demonstrated just as fervently by a check for a thousand dollars as it is by donating what for many Americans would be a sizeable bank account.) At the same time the innocent explanation of a situation involving money and politics that also has “the appearance of corruption” demands embracing the idea that candidates, particularly when they are recipients of really, really big checks and personal favors from donors, are totally immune to the concept of quid pro quo. There are many honest politicians, but we don’t make laws – nor did we once limit campaign contributions – because of the honest people.

Political corruption has existed since Caesar and human nature being what it is there will always be some fast buck artist angling for some favor from some powerful person. But with the adoption of the philosophy, sanctioned by the United States Supreme Court, that anything goes when it comes to money and politics we can expect Justice Kennedy to more-and-more be feasting on his words.

Unlimited, largely unregulated money in politics does give rise to both the appearance and the reality of corruption. The excesses will only grow worse over time in direct proportion to the electorate’s loss of faith in this democracy. Makes you long for a good political sex scandal.