The Struggle for the Soul of America: It’s Always Darkest Before the Dawn

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(My remarks at a solstice gathering a few nights ago)

Two Hundred and Forty-five years ago this week just after the winter solstice on December 23, 1776, Thomas Paine wrote:

“These are the times that try men’s souls… Tyranny, like hell, is not easily conquered; yet we have this consolation with us, that the harder the conflict, the more glorious the triumph. What we obtain too cheap, we esteem too lightly: it is dearness only that gives everything its value.”

Paine was with George Washington and the Continental Army when they were defeated at White Plains and Forts Washington and Lee in October and November of that year.  Washington’s troops retreated across NJ and into PA. Many were without shoes and sufficient clothing to protect them from the freezing winter. The dejected Continental Army then huddled along the west bank of the Delaware River on the verge of defeat.

But Washington was not about to give up. On Christmas night, December 25, 1776, the General led his ragged army across the icy Delaware River and embarked on a ten-mile march to Trenton, NJ, where they surprised and overcame 1500 enemy troops. A week later, they again prevailed at Princeton. It was a pivotal point that led to the defeat of the British and the birth of our nation.

87 years later, on Nov. 19, 1863, after one of bloodiest battles in our history, in the midst of the Civil War, Lincoln declared at Gettysburg: “that this nation shall have a new birth of freedom, and that government of the people, by the people and for the people shall not perish from the earth.”

Now, recalling how our foremothers and forefathers persevered and overcame great diversity so that American democracy might be born and grow, once again our collective survival as a free people is being tested.

We are again in times that try men’s and women’s souls. We are being challenged to the utmost by the COVID pandemic, right-wing voter suppression, a fascist ex-president’s attempt to overthrow our government and global climate change.

So, as the winter solstice ushers in the radiance of the approaching new year, we have the opportunity, perhaps you might say, the duty, to open our hearts and spread the light of peace and love to all our relations, and to contribute whatever we are able, to the work of overcoming this pandemic, protecting our planet Earth and preserving our democratic way of life.

May this begin tonight with each of us.

Bruce Berlin

The Struggle for the Soul of America: Will Liz Cheney and the House Select Committee Bring Trump Down?

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(Please note: I’m taking a holiday break. This is my last post of the year. I’ll be back the first week of January. Happy Holidays!)

The House Select Committee to Investigate the January 6th Attack on the Capitol is alive and well. Mitch McConnell, the Republican minority leader of the Senate, recently added bipartisan credibility to the committee’s work when he said, “…what they are seeking to find out is something the public needs to know.”[1]

In fact, the committee is uncovering some very damning evidence regarding Trump and his cohorts’ involvement in the attack on the Capitol. Trump administration officials, including Chief of Staff Mark Meadows, possessed a PowerPoint that pressed for “the Trump administration to ‘declare electronic voting in all states invalid,’ as well as to declare a national emergency and seize ballots.” The document “called for then-Vice President Mike Pence to seat alternate electors from swing states Trump lost, reject electors from those states or delay the formal count.”[2]

The January riot was a means to that end. The purpose of the violent attack was to stop the Congress from counting the Electoral College vote confirming the result of the 2020 presidential election.[3] After months of falsely claiming that massive voter fraud cost him the election, Trump urged his supporters to march on the Capitol and “fight like hell.”[4] When they did, he was “loving watching the Capitol mob” do his bidding by disrupting Congress’s confirmation of the election results.[5]

But Rep. Liz Cheney, Republican co-chair of the House Select Committee, thinks Trump may have broken the law. Along with her colleagues on the committee, Cheney is now contemplating whether Trump criminally obstructed Congress.[6] If the committee so finds, it would likely refer the case to the Department of Justice for prosecution. And, if Trump were charged and found guilty, the Fourteenth Amendment could prevent him from ever holding public office again. Under the Amendment, Congress has the power to disqualify anyone who has already held a public office from holding any office if they participate in an “insurrection or rebellion” against the United States.[7]

Until very recently, Trump appeared to be gathering steam for another run at the Oval Office in 2024. But a funny thing happened on his way back to the White House. Conservative Liz Cheney, of all people, daughter of that dastardly Republican, former Vice-president Dick Cheney, stood up for the Constitution. Finally, a Republican with moral principles may just help save the nation from the ugliest of Americans, Donald Trump.

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.nbcnews.com/politics/congress/mcconnell-says-jan-6-committee-s-findings-are-something-public-n1286194

[2] https://www.nbcnews.com/politics/donald-trump/jan-6-powerpoint-what-we-know-what-we-don-t-n1285910

[3] https://ballotpedia.org/Breach_of_U.S._Capitol_during_electoral_vote_count_(January_6,_2021)

[4] https://www.bostonglobe.com/2021/01/06/metro/heres-what-trump-told-his-supporters-before-many-them-stormed-capitol-wednesday/

[5] https://www.businessinsider.com/trump-was-loving-watching-the-capitol-mob-white-house-official-2021-2

[6] https://www.businessinsider.com/trump-criminal-prosecution-charges-liz-cheney-january-6-obstruction-congress-2021-12?r=US&IR=T

[7] https://constitution.findlaw.com/amendment14/annotation15.html

The Struggle for the Soul of America: Will Justice Be Done?

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As more and more facts regarding the January 6th attack on the Capitol come out, it’s clear that this was a coordinated conspiracy to overturn the 2020 election and keep then President Trump in the White House. In addition, Trump incited the insurrection and did nothing to stop it for several hours while law enforcement officers fought the rioters and four people died.

Consider the following:

  1. For months before Election Day, Trump repeatedly told his supporters falsehoods about voting, including that Democrats had “rigged” the election. Trump ramped up the rhetoric after he lost the election, filing court challenges in battleground states unsuccessfully trying to get judges to reverse the outcome.[1]
  2. In December 2020, Trump issued a battle cry to his supporters, encouraging them to gather on his behalf on Jan. 6. On December 18th, he tweeted, “We won the Presidential Election, by a lot.  FIGHT FOR IT. Don’t let them take it away!”[2]
  3. Just two days before the attack on the Capitol, Trump declared that the Democrats are “not taking this White House — we’re going to fight like hell, I’ll tell you right now… We’re going to take it back.[3]
  4. Two organizers of the January 6th attack said they took part in “dozens” of planning meetings with members of Congress, their top staff and White House staff prior to that day. These organizers indicated that Trump’s Chief of Staff Mark Meadows played a significant role in discussions regarding the planned protest. One of the planners explained, “Meadows was 100 percent made aware of what was going on,” adding that he was “a regular figure in these really tiny groups of national organizers.”[4]
  5. Meadows discussed the appointment of an alternate slate of electors. He “loved” the plan which included a January 5th recommendation of putting the National Guard on “standby.”[5]
  6. Former Trump Acting Defense Secretary Christopher Miller told a House of Representatives panel that he spoke with Trump on Jan. 3. Trump wanted Miller to place National Guard troops in Washington to protect his supporters at the Jan. 6 rally.[6]
  7. At the rally, Trump repeatedly said there was a need to “fight.” He said, “Unbelievable, what we have to go through…you have to get your people to fight…We’re going to have to fight much harder, and Mike Pence is going to have to come through for us. And if he doesn’t, that will be a sad day for our country because you’re sworn to uphold our constitution. Now it is up to Congress to confront this egregious assault on our democracy…because you’ll never take back our country with weakness. You have to show strength, and you have to be strong.”[7]
  8. Trump was clearly aware that the vice president was in danger that day. He had a callous disregard for Mr. Pence’s safety.[8]
  9. At the White House, advisers were trying to get Trump to do something, but he rebuffed calls to intercede. The president, advisers said, was expressing pleasure that the vote to certify Mr. Biden’s win had been delayed and that people were fighting for him. “According to public reports, he watched television happily — happily — as the chaos unfolded,” Sen. McConnell noted. “He kept pressing his scheme to overturn the election. Even after it was clear to any reasonable observer that Vice President Pence was in serious danger, even as the mob carrying Trump banners was beating cops and breaching perimeters, the president sent a further tweet attacking his own vice president.”[9]
  10. At 1:49 pm, the chief of the Capitol Police made a frantic call to Gen. Walker, the head of the D.C. National Guard, for support. Walker did not receive approval from Acting Defense Sec. Miller to send Guard troops until 5:08, over 3 hours later.[10]

The case is now in the hands of Attorney General Merrick Garland. More damning facts are sure to be revealed. Trump, Meadows, and other government officials who participated in the conspiracy to overthrow our government must be prosecuted and imprisoned for treason. We all must demand that the Department of Justice ensure that justice is fully and swiftly served so, as Lincoln implored the nation at Gettysburg, “that government of the people, by the people, for the people, shall not perish from the earth.”

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.poynter.org/fact-checking/2021/a-timeline-of-what-donald-trump-said-before-the-capitol-riot/

[2] Ibid.

[3] Ibid.

[4] https://thehill.com/policy/national-security/578251-jan-6-protest-organizers-say-they-communicated-with-conservative

[5] https://www.forbes.com/sites/nicholasreimann/2021/12/08/meadows-pushed-for-alternate-slate-of-electors-following-trumps-loss-documents-show/?sh=57c9fb016795

[6] https://www.reuters.com/world/us/congresswoman-says-trump-administration-botched-capitol-riot-preparations-2021-05-12/

[7] https://www.poynter.org/fact-checking/2021/a-timeline-of-what-donald-trump-said-before-the-capitol-riot/

[8] https://www.nytimes.com/2021/02/13/us/politics/trump-capitol-riot.html

[9] Ibid.

[10] https://www.npr.org/2021/03/03/973292523/dod-took-hours-to-approve-national-guard-request-during-capitol-riot-commander-s

The Struggle for the Soul of America: Could Court’s Anti-Abortion Ruling Backfire on Republicans?

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Republican-controlled legislatures across the country are enacting laws suppressing voters’ rights and highly gerrymandering legislative districts to secure an unfair advantage in next year’s midterm elections. At the same time, in a recent Mississippi abortion law case Republicans are advocating for the Supreme Court to further limit abortion rights, or to overturn Roe v. Wade entirely.

So, what happens if the Court does further limit a woman’s right to an abortion next year? That ruling could very well create a backlash so strong that the Republicans’ efforts to skew the election in their favor is wiped out entirely.

Earlier this year Americans’ support for abortion in all or most cases was at 80%, according to Gallup.[1] And, a November Washington Post-ABC poll found broad agreement that women and their doctors should make decisions about abortion rather than being regulated by law. Overall, 75 percent indicated such decisions should be left to the woman and her doctor, including 95 percent of Democrats, 81 percent of independents and 53 percent of Republicans.[2]

People on both sides feel very strongly about this issue. The Court’s decision in the Mississippi case next June is likely to motivate a great many voters. Most Democratic candidates will be promising to pass laws nationally and/or within their states legalizing abortion, while most Republican candidates will be supporting the Court’s decision further limiting or outlawing abortion. Given public opinion, championing a woman’s right to choose may well be a winning ticket in a good number of races.

While there is reason to hope that energizing pro-choice voters may be the silver lining to the Court’s anticipated anti-abortion decision, our voting rights still need protection.

The right-to-choose movement cannot guarantee voting rights. Time is running out to get voting rights protection implemented in all states before next year’s election. Urge your representative (Call 202-225-3121) and senators (Call 202-224-3121) to pass the Freedom to Vote and the John Lewis Voting Rights Advancement bills now. The fairness of our elections as well as the future of our democracy hangs in the balance.

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.forbes.com/sites/alisondurkee/2021/11/30/how-americans-really-feel-about-abortion-the-sometimes-surprising-poll-results-as-supreme-court-weighs-overturning-roe-v-wade/?sh=60971f0c36c9

[2] https://www.washingtonpost.com/politics/2021/11/16/post-abc-poll-abortion-supreme-court/

The Struggle for the Soul of America: Are Democrats Asleep at The Wheel?

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While Senate Democrats continue to haggle over Biden’s Build Back Better package, Republicans across the country are plotting to make America a permanent one-party, authoritarian state. As Zack Beauchamp, senior correspondent at Vox, observed:

“We are suffering from the same rot that has brought down democracy in other countries: a party that has decided it no longer wants to play by the rules and that would instead prefer to rule as authoritarians rather than share power with its opponents…The escalation in authoritarian behavior since January 6, from both national and state Republicans, shows that things are worse than even some pessimistic observers have feared…It’s happened elsewhere. It can happen here, too.[1]“

Though Democrats are well aware of Republican efforts at one-party domination, they don’t seem to have the will or the courage to do anything about it. In state after state Republican-controlled legislatures are enacting laws suppressing voters’ rights, particularly those of communities of color,[2] and highly gerrymandering legislative districts in their favor.[3]

Most recently, Georgia’s General Assembly approved a redistricting map giving the GOP dominance in nine of its fourteen congressional districts even though the state narrowly went for Pres. Biden last year and elected two Democrats to the U.S. Senate in January.[4] Other GOP state legislatures are gerrymandering congressional districts to their extreme advantage as well. They include Ohio, Texas, Utah, Indiana, Alabama, and North Carolina.[5]

Senate Republicans have consistently filibustered Democrats’ efforts to protect voting rights and eliminate political gerrymandering.[6] Since Democratic Sens. Manchin and Sinema strongly oppose changing the filibuster rule to allow a simple majority to pass voting rights bills, Senate Democrats have only one path to passing voting rights legislation. That is, inserting the Freedom to Vote Act[7] and the John Lewis Voting Rights Advancement Act[8] into the Build Back Better reconciliation bill, which the Democrats can pass with a simple majority. A budget item to provide funding for the states to implement the provisions of these acts would also be needed to meet budget reconciliation bill requirements.[9]

Some senators might object to this approach arguing that the Senate parliamentarian could rule that these voting rights bills do not qualify for inclusion in a reconciliation bill. However, the parliamentarian’s ruling is only advisory and can be overruled by the presiding senator, which in this case would be Democratic Vice-president Kamala Harris.[10]

Our democracy is at stake. Time is running out to get voting rights protection implemented in all states before next year’s election. Democrats must include voting rights in the BBB and pass the Act before the end of the year. Urge your representative (https://clerk.house. gov/Members#MemberProfiles, 202-225-3121) and senators (https://www.senate.gov/ /senators/senators-contact.htm, 202-224-3121) to adopt the above course of action. The fairness of our elections as well as the future of our democracy hangs in the balance.

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.vox.com/policy-and-politics/2021/6/15/22522504/republicans-authoritarianism-trump-competitive

[2] https://www.motherjones.com/politics/2021/10/republicans-are-passing-rigged-maps-and-democrats-are-running-out-of-time-to-stop-it/

[3] https://www.nytimes.com/2021/11/25/us/politics/republican-redistricting-swing-states.html

[4] https://www.commondreams.org/news/2021/11/22/total-asymmetric-warfare-georgia-gop-redraws-political-map-us-senate-dems-do-nothing; https://www.cnn.com/election/2020/results/state/georgia/president

[5] https://www.nytimes.com/2021/11/15/us/politics/republicans-2022-redistricting-maps.html

[6] https://www.theguardian.com/us-news/2021/nov/03/senate-republicans-voting-rights-bill-john-lewis

[7] https://www.brennancenter.org/our-work/research-reports/breaking-down-freedom-vote-act

[8]https://en.wikipedia.org/wiki/John_Lewis_Voting_Rights_Act#:~:text=The%20John%20Lewis%20Voting%20Rights,Holder%20and%20Brnovich%20v.

[9] https://budget.house.gov/publications/fact-sheet/budget-reconciliation-basics

[10] https://www.wusa9.com/article/news/verify/verify-can-the-senate-overrule-the-parliamentarians-recommendation-could-immigration-legislation-make-the-reconciliation-bill-budget-dreamers-biden/65-008d1307-74bc-42c3-abcf-76865b30c6d3

The Struggle for the Soul of America: Is Passing the Build Back Better Act The Ticket to Democrats Winning in 2022?

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Democrats appear to be banking on passing Pres. Biden’s Build Back Better (BBB) package as their ticket to winning next year’s midterm elections. The House’s approval of the BBB Act on Friday does give the Democrats momentum toward that goal. Still, getting the bill through the Senate will be challenging. And, while I believe it will finally pass, the shrunken BBB Act by itself will most likely not give Democrats the huge boost they will need to maintain control of Congress in next year’s elections.

The good news for the Democrats is they have a great deal more to run on than the BBB Act. Last March they passed a $1.9 trillion COVID relief bill, the American Rescue Plan. That legislation provided needed help to tens of millions of people, reducing high levels of hardship, helping school districts address student learning loss, and bolstering the economy. Among other pluses, it expanded unemployment benefits, health coverage, child tax credits, food support and housing assistance.[1] Despite all the hardship Americans were undergoing, not one Republican voted for this urgently needed relief act.[2]

On top of that, the Democrats recently enacted a $1.2 trillion infrastructure bill. This legislation was critical to repairing and upgrading our nation’s deteriorating infrastructure. While some Republicans did support this bill, the vast majority of them turned their backs on our economy’s dire need for a solid, revamped infrastructure.

Assuming the BBB Act does become law, Biden and the Democrats will have pumped in close to $5 trillion dollars into the economy in one year. On top of that close to six million new jobs have been created and the unemployment rate is down to 4.6 percent.[3]

Even with all these positives, the outlook for the Democrats is not good. Record inflation is hurting most people in their pocketbooks. The battle to control COVID is still raging. Americans are angry, fearful and have not been as divided since the Civil War. And Biden and the Democrats are receiving most of the blame. Less than 40 percent of the population approve of their performance.[4] Haggling over the BBB package clearly has not helped them either.

For example, Sens. Sanders and Bennet take issue with the bill’s increase in the SALT (State and Local Taxes) cap deduction. They argue it’s another tax break for the wealthy and will cost the government billions of dollars.[5] Sen. Sanders put it this way:

“You can’t be a political party that talks about demanding the wealthy pay their fair share of taxes and then end up with a bill that gives large tax breaks to many millionaires. You can’t do that. The hypocrisy is too strong. It’s bad policy, it’s bad politics.”[6]

The Democrats’ struggle over raising the SALT cap exposes how vulnerable they will be in 2022 election and why they cannot rely on the BBB Act alone to get them over the finish line. As Sen. Sanders explained, it sends the wrong message to average Americans and gives the Republicans a great message to run on: “Democrats are the party of the rich.” Fortunately, the Democrats are working on a SALT cap compromise that will blunt this characterization.[7] But whether it will be sufficient remains to be seen.

There’s yet another issue regarding how effective BBB will be as a Democratic campaign energizer next year. That is, the voting public may not significantly benefit from the Act prior to the November election since many of the popular health benefits will not kick in until 2023 or later.[8]

Finally, BBB fails to address voting rights. Without protecting our right to vote, the Democrats have practically no chance of winning the House and little hope in the Senate next year. As I’ve noted in previous blogs, GOP legislatures around the country are enacting laws to suppress the vote, gerrymander congressional districts in their favor and control the administration of the elections giving them the ability to overturn the elections in their states.

The Democrats have no time to lose. They must settle their differences now and begin promoting their case that they are the party that truly supports the American people in these difficult times.

Urge your representative (https://www.house.gov/representatives, 202-225-3121) and senators (https://www.senate.gov//senators/senators-contact.htm, 202-224-3121) to protect our right to vote and resolve these other issues immediately. The fairness of our elections as well as the future of our democracy hangs in the balance.

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.cbpp.org/research/poverty-and-inequality/american-rescue-plan-act-will-help-millions-and-bolster-the-economy#unemployment

[2] https://abcnews.go.com/Business/wireStory/republicans-promote-pandemic-relief-voted-77527236

[3] https://www.whitehouse.gov/briefing-room/speeches-remarks/2021/11/05/remarks-by-president-biden-on-the-october-jobs-report/

[4] https://nypost.com/2021/11/18/biden-approval-rating-hits-36-percent-in-quinnipiac-poll/

[5] https://www.wsj.com/articles/pelosi-says-house-democrats-will-add-paid-leave-back-to-bill-11635951745

[6] https://www.politico.com/news/2021/11/18/democrats-agonize-tax-cuts-rich-522859

[7] Ibid.

[8] https://finance.yahoo.com/news/dems-stuffed-bill-popular-health-093014592.html

The Struggle for the Soul of America: Democrats Must Pass the Freedom to Vote Act Now to Level Elections Playing Field

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While the recent passing of the trillion-dollar infrastructure bill is a step in the right direction, it won’t help the Democrats in next year’s election if they fail to protect our voting rights this year.

The Republicans’ number one priority is to win back the House and Senate next year. And they are doing whatever they can in the states they control to do just that. As Fred Wertheimer, president of Democracy 21, urged back in August:

Time is running out. The Senate must pass legislation establishing voting rules for federal elections in order for the rules to be implemented in time to prevent voter suppression in the 2022 congressional elections. Similarly, redistricting standards in the legislation must be enacted quickly to be implemented in time to prevent partisan gerrymandering of congressional districts that likely will take place around the country.[1]

Since Sens. Manchin and Sinema still oppose changing the filibuster rule to allow a simple majority to pass voting rights bills, here is the Democrats best approach to getting the quick action Wertheimer is calling for on the Freedom to Vote Act:

  1. Eliminate all remaining pieces of the social Build Back Better (BBB) Act to which Manchin and/or Sinema still object.
  2. Include the Freedom to Vote Act, which Manchin and Sinema support, in the BBB bill with a budget item for implementation so it meets the reconciliation process requirements.
  3. Quickly pass the BBB act through reconciliation with the support of all 50 Democratic senators and then send it to the House for its approval.

Wertheimer is right. After the 2010 elections, Republicans made big gains in the last redistricting cycle. They used their “power to draw map lines that for a decade have entrenched their legislative majorities and delivered congressional seats to them in states such as Wisconsin, Michigan and North Carolina, even when they havetallied fewer votes overall than Democrats.”[2]

Now, again, GOP state legislatures are moving rapidly to gerrymander as many congressional districts as they can to their unfair advantage. In Utah, for example, the GOP-controlled legislature is disregarding the redistricting maps submitted by the state’s voter-approved, Independent Redistricting Committee. Instead, Republicans are supporting their own maps which “overwhelmingly favor Republicans” in all four of its congressional districts,[3] even though over 37% of Utah voters supported Biden in 2020.[4]

In Ohio, the Republican-controlled legislature has proposed congressional redistricting maps which “would squeeze Democrats into a tiny minority” giving the GOP the advantage in 12 or 13 of Ohio’s 15 congressional districts.[5] This despite the fact President Biden received over 45% of the 2020 vote in Ohio.[6] By that measure, the Ohio redistricting map should favor Democrats in at least 6 districts.

North Carolina is yet another example of the GOP’s extreme gerrymandering. The Republican-controlled legislature has approved a redistricting map that gives their party a 10 to 3-seat advantage with one highly competitive district. Biden lost North Carolina by only one percentage point last year.[7]

New York, on the other hand, is one of the few states controlled by Democrats where the legislature will have the final say on redistricting maps. Just like Utah and Ohio, the New York legislature can overrule the state’s redistricting commission maps. While Biden received 60% of the New York vote last year, the state’s redistricting map could end up favoring Democrats in as many as 23 of its 26 congressional districts.[8]

None of this, of course, is right for American voters who want to be fairly represented in Congress. The Freedom to Vote Act now languishing in Congress would remedy this gross injustice by banning partisan gerrymandering and making it easier for voters to get bad maps quickly struck down in court.[9] 

While the Democrats have spent the last several months bickering over the infrastructure (BIF) and social services (BBB) bills, all their haggling has left them in a deep electoral hole which must be remedied quickly if they are to have any real chance of winning next year’s elections.

Urge your representative (https://clerk.house. gov/Members#MemberProfiles, 202-225-3121) and senators (https://www.senate.gov/ /senators/senators-contact.htm, 202-224-3121) to adopt the above course of action. The fairness of our elections as well as the future of our democracy hangs in the balance.

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://thehill.com/opinion/campaign/566408-the-senate-should-postpone-vacation-until-it-acts-on-voting-rights?rl=1

[2] https://www.latimes.com/politics/newsletter/2021-10-01/redistricting-wars-have-started-essential-politics

[3] https://www.sltrib.com/news/politics/2021/11/09/gerrymander-or-no/

[4] https://en.wikipedia.org/wiki/2020_United_States_presidential_election_in_Utah

[5] https://thehill.com/homenews/campaign/580134-ohio-republicans-swing-for-fences-in-redistricting-proposals

[6] https://en.wikipedia.org/wiki/2020_United_States_presidential_election_in_Ohio

[7] https://fivethirtyeight.com/features/north-carolina-republicans-passed-a-heavily-skewed-congressional-map-how-will-the-courts-respond/

[8] https://projects.fivethirtyeight.com/redistricting-2022-maps/new-york/

[9] https://www.brennancenter.org/our-work/analysis-opinion/freedom-vote-act-big-deal-redistricting

The Struggle for the Soul of America: Can Democrats Make Lemonade Out of Election Lemons?

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The Democrats got a crate load of lemons in Tuesday’s election results. They lost all three statewide races in Virginia.[1] And, while Pres. Biden won New Jersey by nearly 16 points a year ago, incumbent Democrat Phil Murphy barely eked out a victory in the governor’s race.[2]

Conventional wisdom is these results do not bode well for the Democrats’ chances in the 2022 mid-terms a year from now. But there may be a silver lining for the Dems if they can get their act together.

Since winning both houses of Congress and the presidency a year ago, Democrats have accomplished little for the American people. Their one major piece of legislation, the COVID relief bill passed last March,[3] has long been forgotten by most voters. What has been front and center for months, however, is the Democrats’ haggling over Biden’s social spending and climate package, the Build Back Better Act (BBB), while their infrastructure bill (BIF) languishes in the House after passing the Senate with bipartisan support. Progressives in the House have refused to support the BIF bill until they are assured that Senate Democrats will pass the BBB reconciliation bill. But, until moderate Sens. Manchin and Sinema get onboard, that assurance remains in doubt.[4]

If the Democrats are to have any chance of winning next November, they must heed the warning from the 2021 elections: Give Americans a positive reason to get out and vote for their candidates by passing these bills or suffer the dire consequences. In this year’s election, the Democrats fell way behind the Republicans in firing up their supporters.[5]

And the Democrats have no time to lose. They must pass these bills now so that the American people have sufficient time before the 2022 elections to enjoy and appreciate the many fruits contained in them. Here are a number of those benefits in the infrastructure bill:

  • Roads, bridges, airports, ports, public transit, broadband infrastructure, and power grid maintenance and expansion
  • Clean drinking water and removal of pollution from soil and groundwater
  • Energy job creation
  • Clean energy tax credits

The BBB reconciliation act includes these very popular provisions:

  • Universal pre-kindergarten
  • Paid family leave
  • Lower prescription drug prices
  • Clean energy tax incentives and fees
  • 15% minimum tax rate for large corporations
  • Childcare funding
  • Extension of the child tax credit
  • A middle and working-class families tax cut
  • A Medicare hearing aid benefit

Polls indicate a large majority of Americans approve of the BBB social services/climate act.[6] Since Republicans are united in opposing the bill, the Democrats should receive a significant election boost next year for providing these benefits to millions of Americans. A recent poll found that members of Congress who back the BBB agenda would receive a 17-point increase in support.[7]

So, the Democrats can make lemonade out of their 2021 election lemons by moving expeditiously to pass these two bills. But there is one additional piece of legislation that must accompany them. As I explained in last week’s blog, the Democrats must pass the Freedom to Vote Act to protect our voting rights against red state legislatures that are now passing laws to make it harder for Americans to vote and gerrymandering more Congressional districts to their unfair advantage.[8]

Without this additional bill, Democratic voters could be thwarted at the polls next year. We must contact our senators and representatives and urge them to pass all three of these measures. (https://clerk.house. gov/Members#MemberProfiles, 202-225-3121) and senators (https://www.senate.gov/ /senators/senators-contact.htm, 202-224-3121).

The future of our democracy hangs in the balance.

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://thehill.com/homenews/campaign/579765-republicans-poised-to-sweep-virginia-stunning-democrats

[2] https://www.nytimes.com/interactive/2021/11/02/us/elections/results-new-jersey.html

[3] https://www.cnbc.com/2021/03/11/biden-1point9-trillion-covid-relief-package-thursday-afternoon.html

[4] https://www.wsj.com/articles/progressives-warn-democratic-leaders-on-possible-infrastructure-vote-11635413402

[5] https://www.alternet.org/2021/11/a-wake-up-call-for-democrats/?utm_source=&utm_medium=email&utm_campaign=8175

[6] https://democrats.org/news/new-polls-same-results-president-bidens-build-back-better-framework-is-extremely-popular/

[7] https://buildingbacktogether.org/news/icymi-new-building-back-together-poll-build-back-better-agenda-remains-deeply-popular-across-key-states-members-of-congress-who-back-agenda-see-17-point-boost-in-support/

[8] https://breakingbigmoneysgrip.com/my-blog/

The Struggle for the Soul of America: Why Aren’t Voting Rights Being Inserted in the Reconciliation Bill?

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In last week’s blog, “Democrats’ Reconciliation Bill Must Include Voting Rights,” I asserted that the one thing that must be included in the Reconciliation Bill now being drafted in Congress is the 2021 Freedom to Vote Act.[1]I wrote that “by inserting it in their first BBB (Build Back Better) reconciliation package, Democrats would prevent a Republican filibuster since the reconciliation process only requires a simple majority.”[2]

Furthermore, I explained that “(f)or the Act to qualify for reconciliation, Democrats must also include a specific funding amount, e.g., $2 billion, to assist the states in their implementation of the voting rights provisions.[3] Adding this relatively small amount to the reconciliation bill would be much easier than changing the filibuster rule since all 50 Senate Democrats support the Freedom to Vote Act,[4] which is not the case with the latter approach.”

Meanwhile, red state legislatures are passing laws to make it harder for Americans to vote and gerrymandering more Congressional districts to their advantage.[5] The only way for the Democrats to protect our right to vote in 2022 is by passing the Freedom to Vote Act now. And the best way to ensure that it is enacted this year is by inserting it in the Reconciliation Bill. But, so far, the Democrats in Washington have not gotten the message.

Why? It may be that they are too busy negotiating the Reconciliation Bill with Sens. Manchin and Sinema to consider anything else. Or the Democrats may be thinking that their only option is to cut out a voting rights exception to the Senate filibuster.[6]

Regardless the reason, we must demand that Congress act to protect our voting rights and save our democracy. Time is running out. Write or call your Congressional representative at https://www.house.gov/representatives/find-your-representative, 202-225-3121, and your senator at https://www.senate.gov/senators/senators-contact.htm, 202-224-3121.

Tell them that they must protect our right to vote by including the Freedom to Vote Act with funding for its implementation in the budget reconciliation bill this year. If that fails for some reason, then they must reform the filibuster rules to allow voting rights legislation to pass by a simple majority. One way or another, Congress must get this Act passed this year.

Make your voices heard. Save our democracy from autocratic rule by the radical right. We owe it to ourselves, our children and future generations.

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.brennancenter.org/our-work/research-reports/breaking-down-freedom-vote-act

[2] https://breakingbigmoneysgrip.com/my-blog/

[3] https://budget.house.gov/publications/fact-sheet/budget-reconciliation-basics; https://www.wusa9.com/article/news/verify/verify-what-is-budget-reconciliation-could-democrats-use-this-process-to-pass-voting-rights-or-immigration-reform-filibuster-congress-senate-schumer/65-4fdf7dcf-81ed-449e-95eb-1993f354c432

[4] https://www.democracydocket.com/alerts/senate-republicans-block-freedom-to-vote-act-from-floor-debate/

[5] https://www.usnews.com/news/politics/articles/2021-08-10/ap-republicans-reaped-biggest-redistricting-edge-in-decades

[6] https://www.americanprogress.org/issues/democracy/news/2021/10/25/506533/senate-must-reform-filibuster-pass-voting-rights-bills-senate-republicans-block-legislation/

The Struggle for the Soul of America: Democrats’ Reconciliation Bill Must Include Voting Rights

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Time is running out for the Democrats to pass President Biden’s chief legislative program, Build Back Better (BBB). While they have been working on it for months, progressive and moderate Dems can’t seem to reach a compromise that both sides can live with. Yet, they all know that if they fail to pass legislation that provides some significant benefits to the American people, their prospects in next year’s election are dismal.

Here’s a possible solution. Instead of trying to pass the whole enchilada all at once, divide the $3.5 trillion social services and tax reform bill in two:

  1. One bill would contain all the provisions from the original proposal that both sides can agree to support.
  2. The second bill would include those areas on which they cannot currently find common ground and would not be considered until after the 2022 election.

The one thing that must be included in the first bill is the 2021 Freedom to Vote Act.[1] Standing alone, voting rights bills have been blocked by Republican filibusters three times this year, most recently this week.[2] However, by inserting it in their first BBB reconciliation package, Democrats would prevent a Republicans filibuster since the reconciliation process only requires a simple majority.

For the Act to qualify for reconciliation, Democrats must also include a specific funding amount, e.g., $2 billion, to assist the states in their implementation of the voting rights provisions.[3] Adding this relatively small amount to the reconciliation bill would be much easier than changing the filibuster rule since all 50 Senate Democrats support the Freedom to Vote Act,[4] which is not the case with the latter approach.

Securing Americans’ voting rights would be a major achievement for Biden and his party. It would also give the Democrats a much greater chance of maintaining control of Congress in the 2022 election. They will have demonstrated that their party can deliver for the American people having passed the first half of Biden’s BBB program, voting rights and the $1.2 trillion, bipartisan infrastructure bill.

Plus, the Democrats would have the promise of the second half of Biden’s BBB agenda – including combating climate change and lowering drug prices — which they would introduce in 2023 after next year’s election. This should energize the Democratic base to get out the vote and increase the Dems majority in Congress. With larger majorities in each house, the Democrats would then most likely be able to pass the disputed portions of the BBB program.

Clearly, progressives would be taking a chance with this compromise strategy. But the reality is that the BBB plan that finally does pass this year will be significantly reduced in size anyway and will not include some of the progressive provisions that were in the original proposal. Given the strong opposition of Sens. Manchin and Sinema to these provisions, there is really nothing they can do about that. Splitting the bill into two and including the Right to Vote Act in this year’s portion is the best that the Democrats can hope for.

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.brennancenter.org/our-work/research-reports/breaking-down-freedom-vote-act

[2] https://www.nytimes.com/2021/10/20/us/senate-voting-rights-filibuster.html

[3] https://budget.house.gov/publications/fact-sheet/budget-reconciliation-basics

[4] https://www.democracydocket.com/alerts/senate-republicans-block-freedom-to-vote-act-from-floor-debate/