Category Archives: Climate change legislation

The Struggle for the Soul of America: Court Finds Citizens Have a Right to a Clean and Healthy Environment

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In a recent landmark case, a Montana district court ruled that the citizens of the state have a right to a healthy and clean environment under the state’s constitution. Sixteen plaintiffs, ages 6 to 22, sued the state alleging their constitutional rights were violated by the state’s Environmental Policy Act. The Act explicitly prevented state agencies from considering greenhouse gas emissions when evaluating major infrastructure and energy projects for permitting.[1] Over the last 12 years, Our Children’s Trust, an Oregon environmental group, has filed similar lawsuits in every state.[2]

On August 14th, Judge Kathy Seely found that “Montana’s [greenhouse gas emissions] and climate change have proven to be a substantial factor in causing climate impacts to Montana’s environment and harm and injury to the Youth Plaintiffs.”[3]

The Montana constitution reads, “The state and each person shall maintain and improve a clean and healthful environment in Montana for present and future generations.”[4] It further states that, ”All persons are born free and have certain inalienable rights. They include the right to a clean and healthful environment…”[5]

Under Judge Seely’s decision, Montana will now have to consider the impact of climate change when reviewing energy projects to ensure they do not violate the constitutional mandate to maintain and improve a clean and healthy environment. It is anticipated, however, that the judge’s ruling will be appealed to the state’s Supreme Court. So, it will be some time before a final decision is rendered in this case.

Massachusetts and Pennsylvania have also recognized a constitutional right to a clean and healthy environment. Nine other states including New Mexico (H.J.R. 4/S.J.R. 6) are moving to create such a right as well.[6] Given West Virginia and Kentucky, two red states, are among those nine states, hopefully, climate change is beginning to become a critical concern across party lines.

There are active movements to consider green amendments in other red states, including Texas and Florida, where political leaders and industry are more skeptical of environmental regulation.[7] In Florida, activists are bypassing the state legislature, opting instead to collect signatures to put a green amendment ballot initiative to voters directly. There, the proposed amendment is narrowly tailored to establish the fundamental right to clean and healthy waters.[8]

In addition, there is now a coordinated national Green Amendment movement. The goal of Green Amendments For The Generations is to advance a national, state-by-state, movement and to ensure that all state and local governments across the nation honor the rights of all people to pure water, clean air, a stable climate and healthy environment in the laws they enact and the actions they take by securing the passage of enforceable environmental rights amendments in the Bill of Rights section of every state as well as in the federal constitution.[9]

The insertion of these green amendments into the fabric of numerous states’ constitutions could well be a sea change in the environmental movement to save our planet from the devastating effects of global warming. As most of us are aware, time is running out. But, the Montana court’s decision, along with the growing number of states taking action, is a very positive sign that we can still overcome climate change before it’s too late.

Bruce Berlin

A retired, public sector ethics attorney, Berlin is the author of Breaking Big Money’s Grip on America (See breakingbigmoneysgrip.com.), the founder of New Mexicans for Money Out of Politics, a former U.S. Institute of Peace fellow, and the founder and former executive director of The Trinity Forum for International Security and Conflict Resolution. He can be reached at breakingbigmoneysgrip@gmail.com.

Subscribe to this blog at https://breakingbigmoneysgrip.com/my-blog-3/. Join the movement to revive our democracy. Together we can save the soul of America.

[1] https://grist.org/politics/a-climate-lawsuit-won-big-in-montana-what-will-it-mean-for-other-cases/

[2] https://www.usatoday.com/story/news/nation/2023/08/16/could-the-montana-youth-climate-case-help-stop-global-warming/70590652007/

[3] https://www.vox.com/climate/2023/6/12/23755678/montana-climate-change-lawsuit-young-people-coal-global-warming

[4] Ibid.

[5] https://leg.mt.gov/bills/mca/Constitution/II/3.htm

[6] https://www.ncelenviro.org/articles/green-amendments-in-2023-states-continue-efforts-to-make-a-healthy-environment-a-legal-right/

[7] https://phys.org/news/2023-04-states-constitutional-environment.html

[8] https://phys.org/news/2023-04-states-constitutional-environment.html

[9] https://forthegenerations.org/about-for-the-generations/

The Struggle for the Soul of America: Democrats’ Silver Lining

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With right-wing Republicans now in control of the House of Representatives, the chances of the Democrats passing any significant legislation in the current Congressional session are practically non-existent. Still, this new term could prove very beneficial to President Biden and his party come the 2024 elections.

The Democrats’ silver lining over the next two years is two-fold. First, the bills they passed in the last session will be bringing major benefits to the American people beginning now till well after the next election. For example, here are just some of the valuable aid Americans will receive from the Inflation Reduction Act[1] which not one Republican supported:

  • Medicare beneficiaries’ prescription drug costs will go down because of the provision allowing Medicare to negotiate prescription drug costs.
  • Seniors with Medicare Part D will have their drug costs capped at $2,000 per year.
  • Medicare beneficiaries with diabetes will be guaranteed that their insulin costs are capped at $35 for a month’s supply.
  • 3 million more Americans will have health insurance.
  • 7.5 million more families will be able install solar on their roofs with a 30% tax credit.
  • Up to $7,500 in tax credits for new electric vehicles and $4,000 for used electric vehicles, helping families save $950/yr.
  • Advance cost-saving clean energy projects at rural electric cooperatives serving 42 million people.
  • Millions of good-paying jobs making clean energy in America.
  • No family making less than $400,000 will see their taxes go up a penny.

In addition, the bipartisan Chips Act will create a great many new jobs in the semiconductor manufacturing industry.[2] And the Infrastructure Investment and Jobs Act will provide $550 billion of new federal investments over five years in bridges and roads, public transit, broadband, water and energy systems.[3] These are just a few of the Biden administration’s accomplishments that will assist a great many Americans in the next couple of years. The last two bills also demonstrate that Republicans and Democrats can overcome their differences and work together to move America forward.

But what amounts to a second Democratic silver lining is the Republican response to the Biden administration now that they control the House of Representatives. Rather than proposing alternatives to the Democrats’ legislation that would also aid Americans in these difficult times, Republicans are calling for cuts in Social Security and Medicare benefits,[4] two of the most popular government programs.

House Republicans are also prioritizing digging up dirt on the Biden administration with the creation of a wide-ranging investigative panel that will allow the party to examine any government agency or program that it views as suspect.[5] This appears to be an unnecessary duplication of effort and a waste of time and resources since Congressional committees already have the power to conduct oversight of the executive branch.[6]

The net effect of the Republicans’ approach will offer the 2024 voting public a stark choice between the parties:

Do Americans want to continue on the path of economic development, job growth, better healthcare, and climate change protection of Biden’s first two years in office? Or do they support the Republicans’ obstructionist agenda that offers nothing but more tax cuts for the wealthy while cutting Social Security and Medicare benefits for the rest of America?

I believe the Democrats will have a strong hand to play in the critical 2024 elections.

Bruce Berlin

A retired, public sector ethics attorney, Berlin is the author of Breaking Big Money’s Grip on America (See breakingbigmoneysgrip.com.), the founder of New Mexicans for Money Out of Politics, a former U.S. Institute of Peace fellow, and the founder and former executive director of The Trinity Forum for International Security and Conflict Resolution. He can be reached at breakingbigmoneysgrip@gmail.com.

Subscribe to this blog at https://breakingbigmoneysgrip.com/my-blog-3/. Join the movement to revive our democracy. Together we can save the soul of America.

[1] https://www.whitehouse.gov/briefing-room/statements-releases/2022/08/15/by-the-numbers-the-inflation-reduction-act/

[2] https://usafacts.org/articles/whats-in-the-recently-passed-chips-act/?utm_source=google&utm_medium=cpc&utm_campaign=ND-Economy&gclid=Cj0KCQiAn4SeBhCwARIsANeF9DId7YcgBe5VT0wQfu78MATA2I5__kGak6p0l5aa_sSKCCM7P7mG7vAaAkb1EALw_wcB

[3] https://www.cnn.com/2022/09/12/politics/infrastructure-projects-biden/index.html

[4] https://news.yahoo.com/republicans-signal-cuts-social-security-175927429.html

[5] https://www.politico.com/news/2023/01/10/house-republicans-justice-department-00077108

[6]https://en.wikipedia.org/wiki/Congressional_oversight#:~:text=Oversight%20also%20occurs%20in%20a,congressional%20support%20agencies%20and%20staff.

The Struggle for the Soul of America: Democratic Turning Point Offers New Hope

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Though the Democrats lost their House majority in the midterms, they gained much more in a variety of ways. In fact, as the 2024 elections come closer, I expect that their losing control of the House will likely strengthen the party’s resolve and prove a boon to its prospects of winning two years from now.

In addition to holding onto the Senate majority, here’s some other benefits the Dems reaped from the midterms. The November elections further cemented young voters support for the Democratic Party. The youth vote (18-to-29-year-olds) favored Democratic House candidates by 28 points over Republican candidates. While that’s about the same as in 2020, it’s considerably better than in 2016 when youth voters turned out for Democratic House candidates by 16 points over Republican candidates and by only a 12-point margin in 2014.[1]

Youth turnout in this election was the second highest in the last thirty years.[2] Given their 28-pont youth advantage and the fact that voters tend to stick with whichever political party they initially register with for years to come,[3] the Democrats’ future does appear bright.

At the same time, the recent election increased the Democrats’ standing among women voters as well. According to Elaine Kamarck, an expert on American electoral politics at the Brookings Institution, suburban women showed up en masse to help fuel Democrats’ better-than-expected showing. She noted that while women comprise 52% of the U.S. population, they accounted for 55% of the last presidential electoral vote.[4] Clearly, another good omen for Dems going into the 2024 election.

While this year’s voter turnout did not match the 2018 midterm record, it’s “on track to easily surpass other recent midterms.” And, in a number of battleground states, many of which the Democrats won, turnout exceeded 2018.[5] Again, a positive sign for the Dems since the greater the turnout, the more likely that they will win.

On the other hand, Republicans made gains among voters of color, though not to the degree previously predicted. Compared to the 2018 midterms, Hispanic and Asian support for the GOP jumped 10 and 17 points respectively, while Black voters shifted about 4 points to the right. Still, Democrats won the majority among Black, Hispanic and Asian and Pacific Islander voters in the 2022 midterms.[6]

In spite of the Republican takeover of the House and their gains with voters of color, Democrats have good reason for optimism besides what’s already been noted above. In just the last few days, a new generational team has arisen to takeover for Nancy Pelosi and her octogenarian squad. For the first time ever, a Black man, 52-year-old, Hakeem Jeffries (D-NY) will lead them. Katherine Clark (D-MA), a 59-year-old progressive, will be second in command. And, 43-year-old Peter Aguilar (D-CA), the highest-ranking Hispanic in Congress, will round out the new leadership team.[7] Among them, they cover just about all the critical constituencies Democrats need to energize in 2024: Blacks, Hispanics, women and youth.

Yet, thanks to the Republicans, there’s one more factor that will give the Dems momentum moving forward. The House Republicans have already signaled that they intend to focus on investigating, and even impeaching, President Biden, Attorney General Garland and others administration officials. Rather than providing an alternative policy agenda to the Democrats’ program, they will be spending precious taxpayers’ dollars and lots of Congress’s time on digging up dirt on the Biden administration that will go nowhere since the Dems will still control the Senate.

The 2024 electorate will then have a very clear choice. Will they vote for a far-right Republican Party seeking to cut Social Security and Medicare,[8] and eliminate a woman’s right to choose?[9] Or will they support the Democrats who enacted major legislation for the American people on infrastructure, veterans’ aid, manufacturing, climate change, prescription drug costs and more in the last two years?[10] And, but for the new GOP, obstructionist House majority, they would have continued to do so after 2022.

Which would you choose? I’m betting voters will go with the Dems, the party that still believes in democracy and supporting all Americans, not just the very wealthy and big business.

Bruce Berlin

A retired, public sector ethics attorney, Berlin is the author of Breaking Big Money’s Grip on America (See breakingbigmoneysgrip.com.), the founder of New Mexicans for Money Out of Politics, a former U.S. Institute of Peace fellow, and the founder and former executive director of The Trinity Forum for International Security and Conflict Resolution. He can be reached at breakingbigmoneysgrip@gmail.com.

Subscribe to this blog at https://breakingbigmoneysgrip.com/my-blog-3/. Join the movement to revive our democracy. Together we can save the soul of America.

[1] https://abcnews.go.com/Politics/youth-voters-independents-boosted-democrats-midterm-exit-polls/story?id=92993573

[2] https://thehill.com/changing-america/respect/diversity-inclusion/3730922-researchers-say-2022-election-had-second-highest-young-voter-turnout-in-last-30-years/

[3] https://slate.com/business/2010/12/why-do-voters-tend-to-stick-with-whatever-political-party-they-join-when-they-turn-18.html

[4] https://www.usatoday.com/story/news/nation/2022/11/09/2022-midterms-women-and-suburban-voters-help-democrats-avoid-disaster/8318080001/

[5] https://www.washingtonpost.com/politics/interactive/2022/voter-turnout-2022-by-state/

[6] https://www.politico.com/news/2022/11/13/latino-voters-midterm-elections-republicans-00066618

[7] https://www.axios.com/2022/11/17/congress-house-democrats-minority-leaders-plan

[8] https://www.nytimes.com/2022/11/02/us/politics/republicans-social-security-medicare.html

[9] https://www.theguardian.com/commentisfree/2022/sep/15/republicans-wont-stop-until-abortion-is-banned-across-america-and-it-could-be

[10] https://www.historycentral.com/Today/Summer2022.html

The Struggle for the Soul of America: Can Democrats Pull an Upset in this November’s Mid-term Elections?

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(Note: I am taking a break. This is my last blog until after Labor Day. Back at you then.)

History tells us that the odds of the party occupying the White House winning the mid-term elections are pretty slim. “Since the end of World War II, the president’s party has lost House seats in all but two midterms: 2002 and 1998…”[1]

Until June 24th when the Supreme Court overruled Roe v. Wade’s right to abortion,[2] it appeared the conventional wisdom would prevail, and a Republican red-wave tsunami was gathering steam. In the last six weeks, however, the tide has turned purple, if not downright blue.

So much is now going the Democrats’ way, it’s hard to believe. No one thought that red state Kansas would support abortion rights by 18 percentage points.[3] Nor did most people think that Sens. Manchin and Sinema would sign on to the Democrats’ climate, health care and tax legislation,[4] assuring its passage in the next week or so.[5] The renamed Inflation Reduction Act will bring the country close to its emission reduction goals of cutting carbon emissions by roughly 40% by 2030. It will also lower drug prices by permitting Medicare to negotiate prescription drug prices and extend the Affordable Care Act for three more years.[6]

In addition, here’s what else has recently boosted the Democrats’ chances in November:

Nevertheless, the elections are still three months away. While the Democrats now have a much stronger record to run on then they did just a couple of months ago, they will need an enthusiastic voter turnout, like the one in the recent Kansas primary affirming abortion rights, to upset the GOP and hold onto their Congressional majorities.

What was just a pipedream not long ago is now a realistic goal. With much of the Republican Party seeking permanent one-party rule,[8] the Democrats are finally giving voters good reason to stick with them by demonstrating that they can produce concrete results for the American people. Though it’s far short of the progressive ideal and not everything President Biden promised during the 2020 campaign, he and his party have made significant progress in the face of stiff Republican opposition. Just think what they could do if, we, the voters gave them greater majorities to work with in November. One can only hope. All of us working together to get out the vote can turn hope into reality this fall.

Bruce Berlin, J.D.

A retired, public sector ethics attorney, Berlin is the author of Breaking Big Money’s Grip on America (See breakingbigmoneysgrip.com.), the founder of New Mexicans for Money Out of Politics, a former U.S. Institute of Peace fellow, and the founder and former executive director of The Trinity Forum for International Security and Conflict Resolution. He can be reached at breakingbigmoneysgrip@gmail.com.

Subscribe to this blog at https://breakingbigmoneysgrip.com/my-blog-3/. Join the movement to revive our democracy. Together we can save the soul of America.

[1] https://fivethirtyeight.com/features/why-the-presidents-party-almost-always-has-a-bad-midterm/

[2] https://www.npr.org/2022/06/24/1102305878/supreme-court-abortion-roe-v-wade-decision-overturn

[3] https://www.nytimes.com/2022/08/02/us/kansas-abortion-rights-vote.html

[4] https://www.politico.com/news/2022/08/04/dems-agenda-energy-climate-bill-00049875

[5] https://www.nytimes.com/live/2022/08/07/us/climate-tax-deal-vote

[6] https://www.yahoo.com/news/dont-believe-trump-gop-biden-130045250.html

[7] Ibid.

[8] https://www.theguardian.com/commentisfree/2022/jan/04/trump-republican-party-democracy

The Struggle for the Soul of America: Manchin and Schumer to McConnell and the Republicans, “Gotcha!”

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Did Democrats Joe Manchin and Chuck Schumer pull a fast one on Republican Senate Minority Leader Mitch McConnell, or what?

A month ago, Sen. McConnell declared, “Let me be perfectly clear. There will be no bipartisan USICA (a $52 billion bill to support the U.S. semiconductor industry) as long as Democrats are pursuing a partisan reconciliation bill.”[1]

Two weeks later Sen. Manchin put the brakes on the Democrats’ reconciliation bill. Believing that the partisan bill was dead, McConnell and 16 of his Republican colleagues then joined with all 50 Democrats to pass the CHIPS semiconductor bill on July 27. Within hours Sens. Manchin and Schumer announced an agreement on a $740 billion reconciliation bill[2] that McConnell can’t derail.[3]

It was the kind of cunning maneuver McConnell is known for, but this time the Democrats were in the driver’s seat. McConnell has been sticking it to the Dems for way too long. Could this just be the beginning of the payback McConnell and his right-wing colleagues clearly deserve?

The Democrats are finally learning to play hardball. And, right in the nick of time. With the mid-term elections fast approaching, the Dems need to demonstrate to the voting public the stark differences between them and the GOP. Forcing Republicans to vote on popular legislation they oppose, especially if the bill ultimately fails, helps the Dems make the case that the public needs to vote more Democrats into office if they want these bills to pass.

For example, take the bill enacting the right to contraceptives. A few days ago, Senate Republicans blocked the bill,[4] despite the fact that 84% of likely Republican primary voters support safe access to contraceptives.[5] Almost all House Republicans voted against this bill as well.[6] And most of them also voted ‘no’ on a same-sex marriage bill and a couple of other popular social issues.[7]

Even more reprehensible, last week Senate Republicans rejected a bill to assist veterans suffering from exposure to toxic chemicals while on duty in Iraq and Afghanistan. Twenty-five Republican senators blocked the measure, even though they had voted in favor of it just one month earlier. Their about-face was in retaliation for being outmaneuvered by Schumer and Manchin in the CHIPS Act voting previously noted. “Getting even” with the Democrats apparently overrode their longstanding strong support for our troops. This may very well cost the GOP when America’s veterans go to the polls this fall.[8]

Meanwhile, as the Justice Department begins to zero in on Trump’s criminal culpability for the January 6th insurrection, a bright light will also shine on his Republican Congressional enablers. McConnell and his colleagues who have failed to stand up to Trump are, in fact, accomplices to Trump’s crimes. If Senate Republicans had voted with the Democrats to convict Trump in his second impeachment trial after he had instigated the attack on the Capitol, he would have been barred from running for president again under Article I, Section 3 of the Constitution.[9]

The House Select Committee’s hearings have made it clear to millions more Americans how Trump and his party conspired to overthrow the 2020 election. All the Republican Congresspeople who voted against certifying that election and supported Trump’s Big Lie should be held accountable in my view. But that will be up to their constituents in November. The voters may yet reject those who chose overthrowing our government rather than upholding the Constitution, which they had sworn to defend.[10]

Though the polls and history suggest this is the Republicans’ year, recent events have given the Democrats renewed hope for winning the mid-term elections. In addition to all the above, abortion rights, gun control and climate change provide further Democratic momentum. And I just bought gas for under $4/gal. So, inflation may cease to be the overriding issue it has been projected to be. Then Democrats may well declare the ultimate “Gotcha” on the night of November 8th. Wouldn’t that be something?!

Bruce Berlin, J.D.

A retired, public sector ethics attorney, Berlin is the author of Breaking Big Money’s Grip on America (See breakingbigmoneysgrip.com.), the founder of New Mexicans for Money Out of Politics, a former U.S. Institute of Peace fellow, and the founder and former executive director of The Trinity Forum for International Security and Conflict Resolution. He can be reached at breakingbigmoneysgrip@gmail.com.

Subscribe to this blog at https://breakingbigmoneysgrip.com/my-blog-3/. Join the movement to revive our democracy. Together we can save the soul of America.

[1] https://seekingalpha.com/news/3853443-mcconnell-looks-to-block-52b-in-chips-funding-over-spending-packages

[2] https://slate.com/news-and-politics/2022/07/joe-manchin-climate-bill-inflation-reduction-act.html

[3] https://www.businessinsider.com/mcconnell-assails-manchin-spending-deal-after-dems-strip-his-leverage-2022-7

[4] https://truthout.org/articles/republican-blocks-contraception-access-bill-from-coming-to-vote-in-senate/

[5] https://www.upi.com/Top_News/US/2022/07/19/poll-independent-womens-voice-republican-primary-voters-support-safe-access-birth-control-contraception/9921658251250/

[6] https://truthout.org/articles/republican-blocks-contraception-access-bill-from-coming-to-vote-in-senate/

[7] https://www.washingtonpost.com/politics/2022/07/22/house-republican-votes-marriage-contraception/

[8] https://www.npr.org/2022/07/29/1114417097/veterans-burn-pit-bill-republican-senators

[9] https://constitution.congress.gov/browse/article-1/section-3/clause-7/#:~:text=Judgment%20in%20Cases%20of%20Impeachment,and%20Punishment%2C%20according%20to%20Law

[10] https://history.house.gov/Institution/Origins-Development/Oath-of-Office/#:~:text=Today%2C%20Members%20of%20the%20House,following%20the%20official%20swearing%2Din.

The Struggle for the Soul of America: Time for All of Us to Go the Extra Mile for Our Country

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Time is running out for President Biden and the Democratic Congress to restore our faltering country. Trump and his Republican cohorts are hell-bent on destroying American democracy and creating a one-party autocracy, if and when they gain control of the federal government.[1]

Denying the reality of man-made climate change, Congressional Republicans reject the need to protect our planet from the disastrous effects of global warming.

Snubbing the idea that easy access to guns is a primary reason for America’s mass murders epidemic, most Republicans rebuff the need for universal background checks and other meaningful gun control measures.

Renouncing a woman’s fundamental right to control her own body, Republican officials forbid abortion, even in the case of a 10-year-old rape victim.

The list goes on and on.

Most forecasts have the Democrats losing the House and possibly the Senate in this fall’s elections. Even if they only lose their House majority, the Democrats ability to pass any sensible legislative measures over Republican obstruction will be practically impossible. If they lose the Senate too, all of Biden’s judicial and executive branch nominations will be in hostile Republican hands as well.

It’s time to ask ourselves how much do we care about the future of our country? If there ever was a time our country needed us to step up and go the extra mile, it’s now. Together, I believe we can turn this around.

Though the Biden administration is well aware of the extremely harsh consequences of a Republican takeover, it seems unable or unwilling to meet the moment with the full power of executive authority while it still has the opportunity. Some Democrats and environmental groups are urging Biden to immediately declare a climate emergency to unlock the powers of the National Emergency Act to pursue actions to curb greenhouse gas emissions and build a better green economy.[2]

In announcing a recent series of executive actions targeting the climate crisis, Biden stopped short of the national climate emergency declaration called for by the Center for Biological Diversity and more than 1,200 other groups. “The world’s burning up from California to Croatia, and right now Biden’s fighting fire with the trickle from a garden hose,” said Jean Su, Energy Justice program director at the Center for Biological Diversity.[3]

The same is true in the administration’s efforts to combat gun violence. Calling on Biden to declare a public health emergency, Kris Brown, president of the Brady Campaign, exclaimed, “This should be an all-government, all-hands-on-deck approach to solve this issue…”[4]

Lindsay Nichols of the gun control group Giffords has called for Biden to eliminate background check loopholes through executive action. Nichols also wants the Department of Justice to scale up its anti-gun trafficking strike forces while others are demanding a White House office dedicated to addressing gun violence.[5]

Regarding abortion rights, Biden signed an executive order “directing his health department to expand access to abortion pills, beef up enforcement of Obamacare’s birth control coverage mandate and stand up an army of pro bono lawyers to help defend people criminally charged for seeking or providing the procedure.” Still “many activists and abortion providers voiced frustration with the measure’s scope, vagueness and timing and worried it would do little to influence the impact on the ground of mounting state bans.”[6]

So, there’s two things we all need to do. First, contact your senators and representatives as well as the White House. Urge them to do more. Go the extra mile for climate change, gun control and abortion rights.

Second, work to get out the vote in November (https://www.rockthevote.org/get-involved/help-get-out-the-vote/; https://ballotpedia.org/Get_out_the_vote) for all those candidates who support strong measures to solve these urgent issues. Together we can make a difference.

Bruce Berlin, J.D.

A retired, public sector ethics attorney, Berlin is the author of Breaking Big Money’s Grip on America (See breakingbigmoneysgrip.com.), the founder of New Mexicans for Money Out of Politics, a former U.S. Institute of Peace fellow, and the founder and former executive director of The Trinity Forum for International Security and Conflict Resolution. He can be reached at breakingbigmoneysgrip@gmail.com.

Subscribe to this blog at https://breakingbigmoneysgrip.com/my-blog-3/. Join the movement to revive our democracy. Together we can save the soul of America.

[1] https://www.theguardian.com/commentisfree/2022/jan/04/trump-republican-party-democracy

[2] https://www.cnbc.com/2022/07/20/biden-announces-new-climate-change-programs-no-emergency-declaration.html

[3]https://biologicaldiversity.org/w/news/press-releases/biden-stops-short-of-declaring-national-climate-emergency-2022-07-20/

[4] https://thehill.com/homenews/administration/3502639-biden-has-limited-options-but-there-are-some-things-he-can-do-on-guns/

[5] Ibid.

[6] https://www.politico.com/news/2022/07/08/biden-abortion-executive-order-00044647

The Struggle for the Soul of America: Democrats, A Bird in the Hand Is Worth Two in the Bush

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Democrats are furious that once again Sen. Joe Manchin (D-WV) has thwarted their latest efforts to resurrect President Biden’s Build Back Better social agenda. Manchin wants to wait till September to see if inflation is slowing down before supporting clean energy and tax increases. At the same time, Manchin has said he would vote to lower prescription drug prices and extend Affordable Care Act funding now.[1]

Democrats should be very angry with Manchin after more than a year of trying to meet his everchanging demands. Still, here’s why Democrats should go along with the West Virginia senator and pass this much smaller bill now with all 50 of their senators aboard, and not wait for a potential larger measure later this year.

First, as the old saying goes, a “bird in the hand is worth two in the bush.”[2] Americans going to the polls this fall are more likely to remember what each of the two parties have done for them lately. The Democrats will be better off in November if they enact actual prescription drug and healthcare benefits this summer than if they hold out for a larger package that quite likely will not become law before the midterms. Most Republicans will not support even this smaller bill. Like inflation and the economy, drug prices and healthcare costs concern most voters.

Second, if a bill addressing climate change and other reforms does not pass before this year’s elections, Democrats will have another major issue to run on along with abortion rights, gun control, voting rights and saving democracy. Practically all Republicans are opposed to these initiatives and will vote against them. So, Democrats can tell the electorate that if they elect more of them to Congress this November, then they will be able to overcome the opposition and enact those measures next year.

And third, it is critical to get all members of Congress on the record concerning the cost of prescription drugs, healthcare and all these other important issues. Americans must be clear about where their representatives stand, and which party supports each of these critical matters:

Reducing healthcare costs                                                    Dem-yes         Rep-no

Universal background checks/gun safety                           Dem-yes         Rep-no

Ensuring the right of all citizens to vote                             Dem-yes         Rep-no

Guaranteeing a woman’s right to choose                            Dem-yes         Rep-no

Defending our country against autocracy and fascism      Dem-yes         Rep-no

Safeguarding our planet from climate change                   Dem-yes         Rep-no

Voters must also understand that Republicans reject these basic human rights so that Big Business and their wealthy donors can avoid paying their fair share in taxes and adhering to reasonable health, safety and democratic rules and regulations.

The choice is clear. The question is: Can the Democratic Party spell out in simple terms what is at stake in this fall’s elections so that all Americans will get it? And will we who already get it help spread the message? The future of our nation is in our hands.

Bruce Berlin, J.D.

A retired, public sector ethics attorney, Berlin is the author of Breaking Big Money’s Grip on America (See breakingbigmoneysgrip.com.), the founder of New Mexicans for Money Out of Politics, a former U.S. Institute of Peace fellow, and the founder and former executive director of The Trinity Forum for International Security and Conflict Resolution. He can be reached at breakingbigmoneysgrip@gmail.com.

Subscribe to this blog at https://breakingbigmoneysgrip.com/my-blog-3/. Join the movement to revive our democracy. Together we can save the soul of America.

[1] https://news.yahoo.com/democrats-vent-fury-joe-manchin-205150433.html

[2] https://www.merriam-webster.com/dictionary/a%20bird%20in%20the%20hand%20is%20worth%20two%20in%20the%20bush

The Struggle for the Soul of America: Will Republican State Legislatures Overrule the Results of the Next Presidential Election?

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The current right-wing Supreme Court recently announced that in its next session it will hear the case of Moore v. Harper, a North Carolina case involving gerrymandered congressional district maps drawn by the state’s Republican-controlled Legislature. At the heart of this case is the radical doctrine labeled the “independent state legislature” theory.

Under the independent state legislature doctrine, state legislatures have absolute control over electoral votes in presidential elections. Harvard Law Professor Emeritus Laurence Tribe and Dennis Aftergut, counsel to Lawyers Defending American Democracy, explain that “according to this baseless notion, state legislatures can do whatever they want in manipulating elections no matter how extreme the results — principles of voter equality and fairness be damned, along with the state’s constitution, its governor and its courts.”[1]

In other words, if the Supreme Court adopts this theory, it could rule that a state legislature can disregard the vote of the people and award its state’s Electoral College votes to whomever it wishes. And four of the Court’s justices have already signaled support for this idea.[2] As Thom Hartmann recently observed, Article II, Section 1 of the Constitution describes the state legislature’s role in presidential elections, but “doesn’t even once mention the popular vote or the will of the people:

“Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress…”[3]

The operative word here is “Manner.” Under the questionable independent state legislature doctrine, a state legislature can employ whatever manner it so choses in determining which candidate receives its state’s electoral votes.

Tribe and Aftergut further argue that “Going into this November’s elections, 30 state legislatures are firmly in Republican hands, including in most of the battleground states that determine presidential election outcomes. Adopting the independent state legislature theory would amount to right-wing justices making up law to create an outcome of one-party rule.”[4]

That is why the 2022 elections for state legislators are vitally important. Some of those 30 Republican-controlled legislatures must be turned over to the Democrats in this November’s elections. If Americans who care about saving our democracy turn out in great number and elect Democratically controlled legislatures this fall in enough states to muster an Electoral College majority, then they would prevent the overturning of the 2024 presidential election under the independent state legislature doctrine.

Once again, it is up to us to spread the word and get out the vote! Democrats have so many critical issues supported by a clear majority of voters: abortion rights, climate change, gun control, voting rights and now saving democracy itself.

We must light a fire under all Americans who want our democracy to survive. We all must get involved and do everything we can to ensure that radical Republican state legislatures cannot overturn the will of the people in the 2024 presidential election.

Bruce Berlin, J.D.

A retired, public sector ethics attorney, Berlin is the author of Breaking Big Money’s Grip on America (See breakingbigmoneysgrip.com.), the founder of New Mexicans for Money Out of Politics, a former U.S. Institute of Peace fellow, and the founder and former executive director of The Trinity Forum for International Security and Conflict Resolution. He can be reached at breakingbigmoneysgrip@gmail.com.

Subscribe to this blog at https://breakingbigmoneysgrip.com/my-blog-3/. Join the movement to revive our democracy. Together we can save the soul of America.

[1] https://www.yahoo.com/news/op-ed-supreme-court-poised-123049971.html

[2] Ibid.

[3] https://www.commondreams.org/views/2022/07/01/beware-supreme-court-laying-groundwork-pre-rig-2024-election

[4] https://www.yahoo.com/news/op-ed-supreme-court-poised-123049971.html

The Struggle for the Soul of America: It’s Time to Fight Back!

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In response to the recent Supreme Court decisions undercutting women’s rights, environmental protection, gun control and more, I agree with environmentalist Bill McKibben. His recent observations remind me of the Chinese proverb, “in every crisis lies the seed of opportunity.[1] McKibben wrote:

A reasonable reaction to the week’s Supreme Court rulings, which culminated in Thursday’s gutting of the Clean Air Act, would be: we are so screwed.

But there’s another way to look at it: we can turn the right-wing’s wet dream into a nightmare for them if we fight back. If we seize it, we have the best opportunity in many years for reconfiguring American politics.

The key thing to understand about these Supreme Court decisions is that they’re fantastically unpopular. On guns, on choice, and on climate the Court has taken us places Americans badly do not want to go. By majorities of two-thirds or more Americans detest these opinions; those are majorities large enough to win elections and to shape policy, even in our corroded democracy. The right, after decades of slow and careful and patient nibbling away at rights and norms is suddenly rushing full-tilt. That’s dangerous for us, but also for them. The force of that charge can, jiu jitsu-like, be turned against them.[2]

This past week in the case of West Virginia v. EPA, the Court found that the Environmental Protection Agency did not have the authority to regulate reducing carbon emissions under the 1970 Clean Air Act by forcing utility companies to shift from coal to renewable energy. The Court held that Congress did not specifically authorize the EPA to regulate CO2 in this way. The ruling effectively makes it much harder for the U.S. government to combat climate change.[3]

But it does much more than that. It opens the door to the Court’s usurping the role of ultimate policymaker in many other areas of our lives as well, be it education, healthcare or any matter where Congress has designated the power to regulate to the Executive branch. In a blistering dissent, Justice Elena Kagan accuses the Court majority of substituting its own ideas about policymaking for Congress’s: “…the Court today prevents congressionally authorized agency action to curb power plants’ carbon dioxide emissions. The Court appoints itself—instead of Congress or the expert agency—the decisionmaker on climate policy.”[4]

What’s to prevent the Court from taking this same approach in other regulatory fields? In the short political term, according to McKibben, “a promise from every Democrat that they would overturn the filibuster and expand the Court if elected.”[5]

So, we need to get every Democratic candidate for federal office to make that promise on the record before the election campaigns heat up. That promise could well boost Democratic turnout in November. McKibben argues that “our majorities on these issues are large enough to overwhelm even these archaic structures. Seventy percent is enough.”[6] In fact, this fight must be taken to state legislative elections as well. (More about that in next week’s blog.)

While inflation and the economy will be important in voters’ minds, these recent unpopular Court rulings affecting all Americans could turn November’s election in the Democrats’ favor. Following the West Virginia v. EPA decision, on Thursday a coalition of 15 climate, environmental, and social justice advocacy groups, including the Center for Popular Democracy, the Indigenous Environmental Network, Indivisible, the Movement for Black Lives and the Working Families Party, called for the addition of four justices “to restore balance to the Court.”[7]

Sen. Ed Markey (D-Mass.) and Rep. Jamaal Bowman (D-N.Y.) immediately joined this initiative. Markey asserted that “We cannot sit idly by as extremists on the Supreme Court eviscerate the authorities that the government has had for decades to combat climate change and reduce pollution…We must also pass my Judiciary Act[8] to expand the Court to restore balance and legitimacy to the bench.”[9]

With just four months until the election, the battle lines have been clearly drawn. Support the coalition’s efforts. Urge your senators and Congresspeople to abolish the filibuster and pass the Judiciary Act of 2021. Our rights and American democracy depend on all of us fighting back now!

Bruce Berlin

A retired, public sector ethics attorney, Berlin is the author of Breaking Big Money’s Grip on America (See breakingbigmoneysgrip.com.), the founder of New Mexicans for Money Out of Politics, a former U.S. Institute of Peace fellow, and the founder and former executive director of The Trinity Forum for International Security and Conflict Resolution. He can be reached at breakingbigmoneysgrip@gmail.com.

Subscribe to this blog at https://breakingbigmoneysgrip.com/my-blog-3/. Join the movement to revive our democracy. Together we can save the soul of America.

[1]https://www.pinterest.com/pin/368169338291210377/#:~:text=In%20every%20crisis%20lies%20the%20seed%20of%20opportunity

[2] https://www.commondreams.org/views/2022/07/02/time-now-people-powered-backlash

[3] https://www.huffpost.com/entry/supreme-court-climegae-change-carbon-emissions_n_62b36169e4b06169caa14933; https://www.washingtonpost.com/climate-environment/2022/06/30/epa-supreme-court-west-virginia/

[4] https://reason.com/volokh/2022/07/01/justice-kagan-throws-down-the-gauntlet-we-are-not-all-textualists-now/

[5] https://www.commondreams.org/views/2022/07/02/time-now-people-powered-backlash

[6] Ibid.

[7] https://www.commondreams.org/news/2022/06/30/markey-bowman-join-climate-coalition-urging-scotus-expansion

[8] https://www.commondreams.org/news/2021/04/15/combat-right-wing-assault-democracy-new-bill-would-add-four-seats-supreme-court

[9] https://www.commondreams.org/news/2022/06/30/markey-bowman-join-climate-coalition-urging-scotus-expansion

The Struggle for the Soul of America: Sound the Alarm!

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I read the papers and watch the news on TV, but never thought it could happen to me. Then, suddenly, it does.

Friday evening close to midnight, police cars, lights flashing and sirens blasting, came barreling down my quiet country road and up my driveway, 75 miles northeast of Santa Fe. An officer banged on my door and told me I had to evacuate my home. It’s not safe. The raging wildfire that’s already consumed over 100,000 acres and 150-plus homes was just over the hill to the north. I had to leave now before it was too late.

Along with most of my neighbors, I quickly packed my car with family photos, clothes and whatever else I could squeeze in. I left the doors unlocked and my gate opened for the firefighters in case they were able to come and save my home from the uncontrolled firestorm. It was 2:30 in the morning by the time I arrived exhausted at my partner’s home in Santa Fe. 

Now I just sit and wait. Nervously checking online several times a day (See https://www.facebook.com/santafeNF/videos/675228177042752) to learn if the monstrous fire has destroyed my home. There’s nothing else I can do. A friend from across the way tried to get back up to her house yesterday, but the road was blocked off for our own safety. All we can do is pray that our homes are somehow spared.

I am so grateful for the one thousand firefighters giving their all to suppress the fire. I can’t imagine what they are going through. I read online that they don’t expect to have the fire fully contained until the end of July, three months from now. How many more acres and homes will be destroyed by then? It’s mind-boggling and depressing.

I am also very angry. I’m furious that myself and millions of my fellow Americans have been put in such a catastrophic state when it didn’t have to be this way. Climate experts have been warning us about the dangers of global warming since the late 1950s. In 1988 scientists and politicians from around the world gathered at the Toronto Conference on the Changing Atmosphere to address the threat to the Earth’s atmosphere from greenhouse gas emissions. “By the 1990s, most scientists thought action was necessary, but opposition from fossil fuel companies and ideologists opposed to any government action were effective in obscuring the facts and blocking action,” according to Spencer Weart, retired director of the Center for History of Physics at the American Institute of Physics.[1]

The Southwest is in a megadrought. A recent study in the journal Nature Climate Change found that “the last 22 years now rank as the driest such period since at least 800 AD.”[2] Human-caused climate change is a major factor driving this megadrought. Yet, our government has failed to respond to this crisis with the urgency and magnitude it requires.[3]

Call the White House (202-456-1111) and your senators and representative (202-224-31-21). Demand that they take immediate action to pass the strongest possible climate change legislation. Our lives and the survival of the planet are at stake.

Bruce Berlin, J.D.

A retired, public sector ethics attorney, Berlin is the author of Breaking Big Money’s Grip on America (See breakingbigmoneysgrip.com.), the founder of New Mexicans for Money Out of Politics, a former U.S. Institute of Peace fellow, and the founder and former executive director of The Trinity Forum for International Security and Conflict Resolution. He can be reached at breakingbigmoneysgrip@gmail.com.

Subscribe to this blog at https://breakingbigmoneysgrip.com/my-blog-3/. Join the movement to revive our democracy. Together we can save the soul of America.

[1] https://www.livescience.com/humans-first-warned-about-climate-change

[2] https://news.climate.columbia.edu/2022/02/14/megadrought-in-southwest-is-now-the-worst-in-at-least-1200-years-study-confirms/

[3] https://www.abc10.com/article/news/nation-world/earth-day-biden-climate-policy/507-bf749989-3546-4735-b1fc-4353c01a7b14