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Month: May 2022

Trumpism: Rendering Caesar and God

Millions of evangelicals root their faith in the temporal

“The crisis for the Church is a crisis of discernment,” Rev. Ken Brown tells The Atlantic‘s Tim Alberta. Brown pastors Community Bible Church in a Detroit suburb. “Discernment [the ability to separate truth from untruth] is a core biblical discipline. And many Christians are not practicing it.”

Brown with his podcast has set about combating misinformation and disinformation among his flock. His diagnosis, Alberta writes, is that millions of American evangelicals have “come to value power over integrity, the ephemeral over the eternal, moral relativism over bright lines of right and wrong.”

Remember when the latter two was their knock against the 1960s generation?

There is a war being fought. But not a cultural one so much as “for the soul of the American Church.” This war pits Christian against Christian. Many evangelicals are fleeing their churches for congregations as much far right as for Jesus. Pastors remaining watch what they say:

One stray remark could split their congregation, or even cost them their job. Yet a strictly apolitical approach can be counterproductive; their unwillingness to engage only invites more scrutiny. The whisper campaigns brand conservative pastors as moderate, and moderate pastors as Marxists. In this environment, a church leader’s stance on biblical inerrancy is less important than whether he is considered “woke.”

The fanatics are running the asylum churches.

“It may sound like Chicken Little. But I’m telling you, there is a serious effort to turn this ‘two countries’ talk into something real,” says Russell Moore, the public theologian at Christianity Today. “There are Christians taking all the populist passions and adding a transcendent authority to it.”

Alberta’s essay examines how over the decades the wall between church and state has dissolved for these believers. Caesar and God have mated and birthed … whatever this is that calls itself Christianity and stokes animosity for immigrants, liberals, government, nonwhites and the poor.

After the Bill Clinton years, things had almost sttled down under George W. Bush.

“And then,” Brown said, “came Barack Obama.”

Dartmouth historian Randall Balmer in 2014 discussed the real origins of the religious right’s political crusade. With the leaked Justice Samuel Alito draft opinion overturning Roe v. Wade, Balmer is back this week to remind readers how abortion caught on as a cause célèbre on the religious right. It was cover for Christian anger over segregated religious schools losing tax support in the 1970s. The right’s folktale about abortion is a myth.

I’ve long argued that what is really at stake, what really drives animosity on the right, is status anxiety. Last place aversion. But as with segregation and abortion, admitting that fear is the last thing the earth-inheriting meek will do.

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For The Win, 4th Edition is ready for download. Request a copy of my free, countywide get-out-the-vote planning guide for county committees at ForTheWin.us. This is what winning looks like.

The multi-state conspiracy

Big Lie Part II: “2,000 mules”

Convicted felon Dinesh D’Souza has another propaganda hit piece coming out that has Donald Trump and his cult writing in ecstasy. Luckily, the AP has done a fact check ahead of time:

A film debuting in over 270 theaters across the United States this week uses a flawed analysis of cellphone location data and ballot drop box surveillance footage to cast doubt on the results of the 2020 presidential election nearly 18 months after it ended.

Praised by former President Donald Trump as exposing “great election fraud,” the movie, called “2000 Mules,” paints an ominous picture suggesting Democrat-aligned ballot “mules” were supposedly paid to illegally collect and drop off ballots in Arizona, Georgia, Michigan, Pennsylvania and Wisconsin.

But that’s based on faulty assumptions, anonymous accounts and improper analysis of cellphone location data, which is not precise enough to confirm that somebody deposited a ballot into a drop box, according to experts.

The movie was produced by conservative filmmaker Dinesh D’Souza and uses research from the Texas-based nonprofit True the Vote, which has spent months lobbying states to use its findings to change voting laws. Neither responded to a request for comment.

Here’s a closer look at the facts.

CLAIM: At least 2,000 “mules” were paid to illegally collect ballots and deliver them to drop boxes in key swing states ahead of the 2020 presidential election.

THE FACTS: True the Vote didn’t prove this. The finding is based on false assumptions about the precision of cellphone tracking data and the reasons that someone might drop off multiple ballots, according to experts.

“Ballot harvesting” is a pejorative term for dropping off completed ballots for people besides yourself. The practice is legal in several states but largely illegal in the states True the Vote focused on, with some exceptions for family, household members and people with disabilities.

True the Vote has said it found some 2,000 ballot harvesters by purchasing $2 million worth of anonymized cellphone geolocation data — the “pings” that track a person’s location based on app activity — in various swing counties across five states. Then, by drawing a virtual boundary around a county’s ballot drop boxes and various unnamed nonprofits, it identified cellphones that repeatedly went near both ahead of the 2020 election.

If a cellphone went near a drop box more than 10 times and a nonprofit more than five times from Oct. 1 to Election Day, True the Vote assumed its owner was a “mule” — its name for someone engaged in an illegal ballot collection scheme in cahoots with a nonprofit.

The group’s claims of a paid ballot harvesting scheme are supported in the film only by one unidentified whistleblower said to be from San Luis, Arizona, who said she saw people picking up what she “assumed” to be payments for ballot collection. The film contains no evidence of such payments in other states in 2020.

Plus, experts say cellphone location data, even at its most advanced, can only reliably track a smartphone within a few meters — not close enough to know whether someone actually dropped off a ballot or just walked or drove nearby.

“You could use cellular evidence to say this person was in that area, but to say they were at the ballot box, you’re stretching it a lot,” said Aaron Striegel, a professor of computer science and engineering at the University of Notre Dame. “There’s always a pretty healthy amount of uncertainty that comes with this.”

What’s more, ballot drop boxes are often intentionally placed in busy areas, such as college campuses, libraries, government buildings and apartment complexes — increasing the likelihood that innocent citizens got caught in the group’s dragnet, Striegel said.

Similarly, there are plenty of legitimate reasons why someone might be visiting both a nonprofit’s office and one of those busy areas. Delivery drivers, postal workers, cab drivers, poll workers and elected officials all have legitimate reasons to cross paths with numerous drop boxes or nonprofits in a given day.

True the Vote has said it filtered out people whose “pattern of life” before the election season included frequenting nonprofit and drop box locations. But that strategy wouldn’t filter out election workers who spend more time at drop boxes during the election season, cab drivers whose daily paths don’t follow a pattern, or people whose routines recently changed.

In some states, in an attempt to bolster its claims, True the Vote also highlighted drop box surveillance footage that showed voters depositing multiple ballots into the boxes. However, there was no way to tell whether those voters were the same people as the ones whose cellphones were anonymously tracked.

A video of a voter dropping off a stack of ballots at a drop box is not itself proof of any wrongdoing, since most states have legal exceptions that let people drop off ballots on behalf of family members and household members.

For example, Larry Campbell, a voter in Michigan who was not featured in the film, told The Associated Press he legally dropped off six ballots in a local drop box in 2020 — one for himself, his wife, and his four adult children. And in Georgia, Secretary of State Brad Raffensperger’s office investigated one of the surveillance videos circulated by True the Vote and said it found the man was dropping off ballots for himself and his family.

CLAIM: In Philadelphia alone, True the Vote identified 1,155 “mules” who illegally collected and dropped off ballots for money.

THE FACTS: No, it didn’t. The group hasn’t offered any evidence of any sort of paid ballot harvesting scheme in Philadelphia. And True the Vote did not get surveillance footage of drop boxes in Philadelphia, so the group based this claim solely on cellphone location data, its researcher Gregg Phillips said in March in testimony to Pennsylvania state senators.

Pennsylvania state Sen. Sharif Street, who was there for the group’s testimony in March, told the AP he was confident he was counted as several of the group’s 1,155 anonymous “mules,” even though he didn’t deposit anything into a drop box in that time period.

Street said he based his assessment on the fact that he carries a cellphone, a watch with a cellular connection, a tablet with a cellular connection and a mobile hotspot — four devices whose locations can be tracked by private companies. He also said he typically travels with a staffer who carries two devices, bringing the total on his person to six.

During the 2020 election season, Street said, he brought those devices on trips to nonprofit offices and drop box rallies. He also drove by one drop box up to seven or eight times a day when traveling between his two political offices.

“I did no ballot stuffing, but over the course of time, I literally probably account for hundreds and hundreds of their unique visits, even though I’m a single actor in a single vehicle moving back and forth in my ordinary course of business,” Street said.

City election commission spokesman Nick Custodio said the allegations matched others that had been debunked or disproven after the 2020 election.

“The Trump campaign and others filed an unprecedented litany of cases challenging Philadelphia’s election with dubious and unsubstantiated allegations of fraud, all of which were quickly and resoundingly rejected by both state and federal courts,” Custodio said.

CLAIM: Some of the “mules” True the Vote identified in Georgia were also geolocated at violent antifa riots in Atlanta in the summer of 2020, showing they were violent far left actors.

THE FACTS: Setting aside the fact that the film doesn’t prove these individuals were collecting ballots at all, it also can’t prove their political affiliations.

The anonymized data True the Vote tracked doesn’t explain why someone might have been present at a protest demanding justice for Black deaths at the hands of police officers. The individuals who were tracked there could have been violent rioters, but they also could have been peaceful protesters, police or firefighters responding to the protests, or business owners in the area.

CLAIM: Alleged ballot harvesters were captured on surveillance video wearing gloves because they didn’t want to leave their fingerprints on the ballots.

THE FACTS: This is pure speculation. It ignores far more likely reasons for glove-wearing in the fall and winter of 2020 — cold weather or COVID-19.

True the Vote’s researcher claimed in the movie that voters in Georgia started wearing gloves to prevent their fingerprints from touching ballot envelopes after two women in Yuma, Arizona, were indicted on Dec. 23, 2020 for alleged ballot harvesting in that state’s primary election. But the Arizona indictment didn’t mention anything about fingerprints.

Voting in Georgia’s Jan. 5, 2021, Senate runoff election occurred during some of the coldest weeks of the year in the state, and when COVID-19 was surging.

In fact, the AP in 2020 documented multipleexamples of COVID-cautious voters wearing latex gloves and other personal protective equipment to vote.

In a similarly speculative allegation, the film claims its supposed “mules” took photographs of ballots before they dropped them into drop boxes in order to get paid. But across the U.S., voters frequently take photos of their ballot envelopes before submitting them.

CLAIM: If it weren’t for this ballot collection scheme, former President Donald Trump would have had enough votes to win the 2020 election.

THE FACTS: This alleged scheme has not been proven, nor do these researchers have any way of knowing whether any ballots that were collected contained votes for Trump or for Biden.

There’s no evidence a massive ballot harvesting scheme dumped a large amount of votes for one candidate into drop boxes, and if there were, it would likely be caught quickly, according to Derek Muller, a law professor at the University of Iowa.

“Once you get just a few people involved, people start to reveal the scheme because it unravels pretty quickly,” he said.

Absentee ballots are also verified by signature and tracked closely, often with an option for voters themselves to see where their ballot is at any given time. That process safeguards against anyone who tries to illegally cast extra ballots, according to Barry Burden, a University of Wisconsin-Madison political science professor and the director of the Elections Research Project.

“It seems impossible in that system for a nefarious actor to dump lots of ballots that were never requested by voters and were never issued by election officials,” Burden said.

This is their first attempt to prove the massive, multi-state conspiracy they insist was at play in 2020, bringing it all together in one narrative. It’s a huge, sloppy, ridiculous lie. Of course.

The Great Replacement

A whole lot of Americans are buying it

We have a problem, people. This isn’t just Trumpers:

It was about a year ago when Fox News’s Tucker Carlson first eagerly ripped off the mask.

“I know that the left and all the little gatekeepers on Twitter become literally hysterical if you use the term ‘replacement,’ if you suggest for the Democratic Party is trying to replace the current electorate, the voters now casting ballots, with new people, more obedient voters from the Third World,” he said in April 2021. “But they become hysterical because that’s what’s happening, actually.”

This was an explicit evocation of a line of argument, once confined to the right-wing, white nationalist fringe, called “great replacement theory.” The idea, as Carlson makes clear, is not simply that immigration to the United States could reshape American politics but that some cadre of elites is intentionally encouraging that to happen. That there was a sinister plan to literally “replace” native-born Americans with immigrants.

Despite Carlson’s characteristic insistence about his own honesty, this is not what is happening. But the idea soon spread on the political right, first from one member of Congress — Rep. Scott Perry (R-Pa.), one of Donald Trump’s allies in his bid to overturn the 2020 election — and then to Republicans more broadly. The idea that there was a plan to swap out native-born Americans with immigrants became increasingly taken for granted on the right.

Last December, the Associated Press and NORC conducted a large national poll examining conspiratorial ideas including this one. They found that nearly half of Republicans agree to at least some extent with the idea that there’s a deliberate intent to “replace” native-born Americans with immigrants.

The AP-NORC poll included several other questions related to the idea. They asked whether respondents were concerned about native-born Americans losing economic, political and cultural influence as the number of immigrants increased and whether they were concerned that the system under which elections are conducted discriminates against White Americans.

About 3 in 10 Americans overall agreed with the idea that intentional replacement was occurring or that native-born Americans were losing influence. About 1 in 5 agreed that the election system discriminated against Whites. In each case, though, Republicans were more likely than Democrats to express agreement or concern.

The pollsters also asked respondents what cable news channel they preferred. As might be expected, those who preferred Fox News were more likely than Americans overall or than those who preferred CNN or MSNBC to agree with the replacement theory idea. Three in 10 of those who prefer Fox News held the agree/concerned positions on the first two questions above. Among those who watched cable news closer to the right-wing fringe — One America News and Newsmax — the figure was 45 percent.

It’s worth noting that this is not simply a theoretical belief about elites hoping to reshape the country. The AP-NORC poll also gauged why Americans believed that immigrants were coming to the United States. They included traditional reasons, such as economic opportunity and political freedom. They also included reasons downstream from the idea that there was a nefarious intent to immigration: that immigrants were coming to the U.S. specifically to influence election outcomes or to change the American way of life.

More than half of Republicans thought that each of those was at least a minor reason for immigrants to seek to come to the United States. A quarter thought each was a major reason.

A substantial percentage of Democrats agreed, it’s worth noting. Half of Americans overall, for example, think that changing the American way of life is at least a minor reason for immigrants to come to the United States. But that more than half of Republicans think immigrants want to come to influence elections is obviously linked to the fact that nearly half of Republicans think a cabal of elites is encouraging them to come for that reason.

It’s insane. Immigrants are not coming to our precious country to “change our way of life” much less “influence the outcome of elections.” They’re looking for jobs and opportunity and a better future for their kids. In many cases, they just want to become Americans. If they influence our culture as well, thank God! That’s one of the best things about America. Bring on the taco trucks on every corner!

Fergawdsakes. Do these think this is some kind of political movement? That they’re coming here with the purpose of “changing” us? It’s ridiculous.

Conspiracy theories have rotted millions of Americans’ minds and I don’t know how we’re going to get out of it.

Rick Scott, twitter troll

The head of the RSCC had a little tantrum today

“Let’s be honest here. Joe Biden is unwell. He’s unfit for office. He’s incoherent, incapacitated and confused. He doesn’t know where he is half the time. He’s incapable of leading and he’s incapable of carrying out his duties. Period. Everyone knows it. No one is willing to say it. But we have to, for the sake of the country. Joe Biden can’t do the job.” — Senator Rick Scott, R-Fl.

CNN reports:

This unproven notion — that Biden is somehow enfeebled — has been kicking around conservative media and Trump-allied circles for some time now. The evidence usually revolves around clips of Biden misspeaking or stumbling over his words — and the fact that, at age 79, he is the oldest person ever to serve as president.

Let’s take a step back here to understand why Scott went absolutely nuclear on Biden. He went on to say in the same statement that Biden needs to resign for the good of the country.

Back in February, Scott, who is the chairman of Senate Republicans’ campaign arm, released an 11-point plan designed “to rescue America.” “If Republicans return to Washington’s business as usual, if we have no bigger plan than to be a speed bump on the road to America’s collapse, we don’t deserve to govern,” he wrote of the plan.

IAmong its many proposals were requiring all Americans to pay some income tax — roughly half of Americans do not pay taxes because their taxable income doesn’t meet a minimum threshold — and to sunset programs like Social Security and Medicare unless Congress re-approves them.Senate Minority Leader Mitch McConnell made clear that a) he did not authorize Scott’s plan b) he did not think it was good politics and c) he had no plans to implement pieces of it if Republicans retook the Senate majority this fall.”

Let me tell you what would not be a part of our agenda,” McConnell said soon after the release of Scott’s plan. “We will not have as part of our agenda a bill that raises taxes on half the American people, and sunsets Social Security and Medicare within five years.”What McConnell clearly feared was that Scott had handed Democrats a way to make the election about something other than their full control of Congress and the White House. It gave Democrats a target to shoot at — which they promptly did.Biden, struggling in polls and clearly concerned about the possibility of losing the House and Senate this fall, has aggressively seized on Scott’s plan as a way to suggest that putting Republicans in charge of Congress would be lead to extremism.

Which brings me to Tuesday, when Biden is set to speak on inflation, with a particular focus on elements of Scott’s plan.”He’ll detail his plan to fight inflation and lower costs for working families, and contrast his approach with Congressional Republicans’ ultra-MAGA plan to raise taxes on 75 million American families and threaten to sunset programs like Social Security, Medicare, and Medicaid,” a White House official told CNN in a preview of the speech.

Scott’s reaction may seem over the top given that context — I mean, McConnell basically warned Democrats would do exactly what they are trying to do with his plan! — but you have to consider his audience. Scott seems like he wants to run for president — maybe as soon as 2024 — and he knows that chatter about Biden’s mental capacity has been populating the likes of Donald Trump Jr.’s Instagram feed for months and months now.

Why not throw himself into that crowd? Scott likely relished being in a perceived one-on-one fight with the sitting Democratic President and knows that there is literally nothing at all that he can say about Biden that would be seen as taking things too far by the MAGA crowd.Now, is it a good thing for our democracy to have a Republican senator publicly suggesting that the President is “incoherent, incapacitated and confused”? Um, no. Does Scott care about that? Also no.

I’m not surprised and frankly, I don’t think it’s the end of the world if a Senator insults the president. Lord knows, I think it’s fine to insult Donald Trump and if Democrats do it I’m not going to lose any sleep over it.

But people who serve presidents who live in glass houses really should shut their mouths. Especially since they’ve made one of the most bone-headed political moves in history. McConnell must have had an aneurysm when he saw Scott’s ridiculous plan and I have to assume the Democrats are going to hang it around their necks and light it on fire. He fucked up and he knows it. But as all rightwing bullies do, he’s doubling down and having a tantrum.

I’ll just leave this here:

The humanity

Right wingers try desperately to misdirect the press away from their problems

A pro-abortion chalk message was left outside Sen. Susan Collins’ Bangor home, prompting a police response on Saturday, May 7, 2022. Credit: Courtesy of Andrea LaFlamme

Susan Collins is very frightened:

Sen. Susan Collins was confronted with a pro-abortion rights message Saturday night when an unknown person or persons wrote in chalk on the sidewalk outside her West Broadway home in Bangor, prompting a police response. 

“Susie, please, Mainers want WHPA —–> vote yes, clean up your mess,” the message read, according to a Bangor police report. 

WHPA refers to the Women’s Health Protection Act, which would codify the right to abortion into law and ban restrictions on abortion access.

Bangor police responded to West Broadway at 9:20 p.m. Saturday to investigate a message written in chalk on a sidewalk, Bangor police spokesperson Wade Betters said. 

“The message was not overtly threatening,” he said. 

The sidewalk message was not visible on Monday afternoon.

“We are grateful to the Bangor police officers and the City public works employee who responded to the defacement of public property in front of our home,” Collins said. 

Poor Susan. She was terrified by that message on her sidewalk and had to call the police. Some people might have just hosed it off but…

Meanwhile, other Republicans are getting pummled for failing to bring in the SWAT team on protesters in front of the Supreme Court Justices houses.

Here’s an example of the mayhem:

They wingnuts are having a cow:

Republican Virginia Gov. Glenn Youngkin is getting pummeled over his apparent failure to respond to the recent pro-choice protests outside the home of Supreme Court Justice Samuel Alito. 

The protests first sparked this past weekend, just days after Politico revealed that the Supreme Court informally voted to overturn Roe v. Wade, the watershed 1973 ruling that enshrined America’s constitutional right to abortion. On Monday, a group of around 150 demonstrators marched from a strip mall in Fairfax Virginia to Alito’s home, hoisting signs and chanting slogans like “When mothers’ lives are under attack, what do we do? Stand up, fight back” and “Keep abortion safe and legal,” according to NBC News. 

Youngkin said that his office has been “coordinating” with the Fairfax County Police Department and the Virginia State Police, to “ensure that there isn’t violence.” 

“Virginia State Police were closely monitoring, fully coordinated with Fairfax County and near the protests,” he added. Advertisement:

But that posture did not sit well with conservative commentators, many of whom argued that Youngkin should have swept the protesters for what they felt was a clear violation of federal law.

“The protest itself – without violence – is illegal,” tweeted Yossi Gestetner, the founder of Orthodox Jewish Public Affairs Council. “What level of illegality is ok for you before moving from “monitoring” the intimidation to stepping in?”

“Antifa just crossed into a Republican-lead state and were allowed to target Alito’s family home. Glenn Youngkin did nothing,” echoed right-wing commentator Jack Posobiec.

Will Chamberlain, Senior Counsel at the Internet Accountability Project, suggested that the demonstrators should be imprisoned. “You know what will stop leftists from protesting at people’s private homes and intimidating their families?” he asked. “JAIL.”

Right-wing lawyer Matthew Kolken even claimed that the protests constituted a form of “terrorism.”

“Democrats use terrorism as a tool, and Youngkin failed to send a clear message that it won’t be tolerated in Virginia,” Kolken tweeted. 

In arguing the protests are illegal, numerous right-wing commentators have adduced 18 U.S.C. 1507, which states that anyone “with the intent of influencing any judge … in or near a building or residence occupied or used by such judge … shall be fined under this title or imprisoned not more than one year, or both.” 

Yes, these are the same people who defend the January 6th insurrection as a legitimate “protest.” It must be freeing to be so shameless.

Overreach

Right into the womb

The Republicans have a problem:

Republicans are deeply split on their abortion strategy, with top officials pushing restraint, even silence, while activist GOP candidates demand an all-out campaign for a national ban and harsher penalties. 

 Republicans’ confidence in landslide victories this fall was shaken by the leaked abortion ruling — in part because they know the topic invigorates their base, while rattling many swing voters. 

A top adviser to House Republican leaders tells Axios their polling shows that in races that matter, voters aren’t “hip to this kind of seismic change.”

The adviser said lawmakers are asking for guidance on how to talk about issues like abortion in cases of rape or incest — knowing a hardline view is wildly unpopular. 

The GOP establishment’s initial marching orders, in an NRSC memo leaked to Axios’ Alayna Treene, counseled caution and even silence. 

But activist candidates and voters couldn’t care less what the establishment wants — and see this as the moment to fulfill their lifelong dream of strict abortion bans, with few exceptions, and penalties for those carrying out abortions. 

 Tony Perkins — president of the Family Research Council, who’s been fighting on the issue for 30 years — told me in a phone interview that there’s “some caution about overreach” among GOP leaders.

But they’re privately promising to help push America to be a “predominantly pro-life nation,” Perkins said.

Cook Political Report’s Dave Wasserman points to swing state Nevada, which has toss-up Senate and governor’s races. The GOP needs suburban voters in the Silver State — but the party’s base is pushing hard for more abortion restrictions.

One thing is certain about modern politics: Rarely does moderation or restraint prevail — especially on cultural, religious or identity issues. In fact, one truism of modern conservatism is: The more the establishment pushes something, the more the base recoils. 

The right’s dilemma is right out there. Is it possible that Democrats won’t take advantage of this? Sadly yes. They need to drive a wedge right through the GOP coalition by forcing every GOP candidate to own their extremists positions or repudiate them. They simply cannot be allowed to worm their way out of this.

But so far, the only thing I’m seeing is a show vote on codifying Roe which will surprise no one. Who doesn’t already know that the Republicans are against Roe vs Wade? The question is whether they are against a total ban on abortion, including no exceptions for rape, incest and the life and health of the mother. Are they against IUDs, Plan B and allowing doctors to treat miscarriage? Are they for repealing Griswold? A national ban?

This is what the Democrats have to pin these people down on. Once Roe is overturned, these are the relevant questions in the states and their nihilist death cult is ready to push the GOP to the extremes. I think a majority of Americans might be concerned by that. If they know about it …

It’s happening

And women are going to die because of it

Look what’s happening in Texas where they have mobilized vigilantes to track down anyone who helps a pregnant women obtain an abortion and sue them. You can imagine what fanatics and morons might do with that power — and plenty of health care providers are imagining that too:

As the Supreme Court appears poised to return abortion regulation to the states, recent experience in Texas illustrates that medical care for miscarriages and dangerous ectopic pregnancies would also be threatened if restrictions become more widespread.

One Texas law passed last year lists several medications as abortion-inducing drugs and largely bars their use for abortion after the seventh week of pregnancy. But two of those drugs, misoprostol and mifepristone, are the only drugs recommended in the American College of Obstetricians and Gynecologists guidelines for treating a patient after an early pregnancy loss.

The other miscarriage treatment is a procedure described as surgical uterine evacuation to remove the pregnancy tissue — the same approach as for an abortion.

“The challenge is that the treatment for an abortion and the treatment for a miscarriage are exactly the same,” said Dr. Sarah Prager, a professor of obstetrics and gynecology at the University of Washington in Seattle and an expert in early pregnancy loss.

Miscarriages occur in roughly 1 out of 10 pregnancies. Some people experience loss of pregnancy at home and don’t require additional care, other than emotional support, said Dr. Tony Ogburn, who chairs the OB-GYN department at the University of Texas-Rio Grande Valley School of Medicine. But in other situations, he said, providers may need to intervene to stop bleeding and make sure no pregnancy tissue remains, as a guard against infection.

Dr. Lauren Thaxton, an OB-GYN and assistant professor at the Dell Medical School at the University of Texas-Austin, has already heard about local patients who have been miscarrying, and couldn’t get a pharmacy to fill their misoprostol prescription.

“The pharmacy has said, ‘We don’t know whether or not you might be using this medication for the purposes of abortion,'” she said.

Thaxton, who supervises the obstetrics-gynecology residents who have seen these patients, said sometimes the prescribing clinic will intervene, but it takes the patient longer to get the medication. Other times patients don’t report the problem and miscarry on their own, she said, but without medication they risk additional bleeding.

Under another new Texas abortion law, someone who “aids or abets” an abortion after cardiac activity can be detected — typically around six weeks — can be subject to at least a $10,000 fine per occurrence. Anyone can bring that civil action, posing a quandary for physicians and other providers. How do they follow the latest guidelines when numerous other people — from other medical professionals to friends and family members — can question their intent: Are they helping care for a miscarriage or facilitating an abortion?

Sometimes patients don’t realize that they have lost the pregnancy until they come in for a checkup and no cardiac activity can be detected, said Dr. Emily Briggs, a family physician who delivers babies in New Braunfels, Texas. At that point, the patient can opt to wait until the bleeding starts and the pregnancy tissue is naturally released, Briggs said.

For some, that’s too difficult, given the emotions surrounding the pregnancy loss, she said. Instead, the patient may choose medication or a surgical evacuation procedure, which Briggs said may prove necessary anyway to avoid a patient becoming septic if some of the tissue remains in the uterus.

But now in Texas, the new laws are creating uncertainties that may deter some doctors and other providers from offering optimal miscarriage treatment.

These situations can create significant moral distress for patients and providers, said Bryn Esplin, a bioethicist and assistant professor of medical education at the University of North Texas Health Science Center in Fort Worth. “Any law that creates a hesitancy for physicians to uphold the standard of care for a patient has a cascade of harmful effects both for the patient but also for everyone else,” said Esplin.

It’s an emotional and legal dilemma that potentially faces not just obstetricians and midwives, but also family physicians, emergency physicians, pharmacists, and anyone else who might become involved with pregnancy care. And Ogburn, who noted that he was speaking personally and not for the medical school, worries that fears about the Texas laws have already delayed care.

“I wouldn’t say this is true for our practice,” he said. “But I have certainly heard discussion among physicians that they’re very hesitant to do any kind of intervention until they’re absolutely certain that this is not possibly a viable pregnancy — even though the amount of bleeding would warrant intervening because it’s a threat to the mother’s life.”

Texas Right to Life says that these people are misreading the law and that everyone understands there might be instances where the woman’s life might be in danger. In “certain circumstances” it might be necessary to use these methods to avoid that. So that’s good.

However:

At least several OB-GYNs in the Austin area received a letter from a pharmacy in late 2021 saying it would no longer fill the drug methotrexate in the case of ectopic pregnancy, citing the recent Texas laws, said Dr. Charlie Brown, an Austin-based obstetrician-gynecologist who provided a copy to KHN. Methotrexate also is listed in the Texas law passed last year.

Ectopic pregnancy develops in an estimated 2% of reported pregnancies. Methotrexate or surgery are the only two options listed in the medical guidelines to prevent the fallopian tubes from rupturing and causing dangerous bleeding.

“Ectopic pregnancies can kill people,” said Brown, a district chair for the American College of Obstetricians and Gynecologists, representing Texas.

Tom Mayo, a professor of law at Southwestern Methodist University’s Dedman School of Law in Dallas, understands why some in Texas’ pharmacy community might be nervous. “The penalties are quite draconian,” he said, noting that someone could be convicted of a felony.

But Prager believes that the laws in Texas — and perhaps elsewhere soon — could boost physicians’ vulnerability to medical malpractice lawsuits. Consider the patient whose miscarriage care is delayed and develops a serious infection and other complications, Prager said. “And they decide to sue for malpractice,” she said. “They can absolutely do that.”

Texas providers are still adjusting to other ripple effects that affect patient care. Dr. Jennifer Liedtke, a family physician in Sweetwater, Texas, who delivers about 175 babies annually, no longer sends misoprostol prescriptions to the local Walmart. Since the new laws took effect, Liedtke said, the pharmacist a handful of times declined to provide the medication, citing the new law — despite Liedtke writing the prescription to treat a miscarriage. Walmart officials did not respond to multiple requests for comment.

So a few more women die from pregnancy every year. Maybe just a few thousand. Or possibly even more if women become nervous about seeking medical care for miscarriages for fear of being accused of trying to abort. Should the “pro-life” movement be concerned about this possible loss of life. You would think so. But there doesn’t seem to be any serious movement to address these issues. Instead they just wave their hands and say “it won’t happen.” Uh huh.

The new nullification

You ain’t seen nothin’ yet

Last “Stars and Bars” flag with of the Confederate States of America (13 stars).

The prospects of a post-Roe America have women spooked already (Wired):

WITHIN MINUTES OF the leaking of the draft opinion from the US Supreme Court calling for the overturning of Roe v. Wade, Elizabeth Constance, a reproductive endocrinologist at the Heartland Center for Reproductive Medicine in Omaha, Nebraska, was inundated with messages on social media from concerned patients. What does this mean for the embryos I have frozen, they asked her. What does it mean for the egg retrieval I have planned? “Our patients are really afraid,” says Constance. 

Should Roe v. Wade, the 1973 case which ruled that the right to abortion in the US is protected by the Constitution, be rolled back, the repercussions will be swift, and they will be devastating. And the realities of a post-Roe world will likely not stop at abortion bans. Many more frontiers of reproductive health are in peril, legal experts and bioethicists warn. 

In part, because Republicans are swinging for the fences. Aaron Blake has more:

Several states have recently passed trigger bans that make no exceptions in the cases of rape or incest. (And several GOP senators recently punted on whether they support them, citing the lack of a final word from the Supreme Court on Roe.)

A number of high-profile Republican candidates have explicitly come out against these exceptions — a position at odds with about 8 in 10 Americans and with where the GOP has stood in recent decades. A few candidates even oppose life-of-the-mother exceptions.

Mississippi Gov. Tate Reeves (R) was pressed this weekend on his state not making exceptions for incest, and he suggested the issue could be revisited.

“When you look at the number of those that actually involve incest, it’s less than 1 percent,” Reeves told CNN’s Jake Tapper. “And if we need to have that conversation in the future about potential exceptions in the trigger law, we can certainly do that.”

Another proposal (and another area where Republicans previously treaded lightly) is to criminalize abortion — that is, to attach significant criminal penalties to deter people from violating a state’s ban.

Trigger laws in Arkansas, Kentucky, Missouri, North Dakota, Tennessee and Utah would make providing an abortion a felony. Idaho’s law would carry sentences of up to two to five years for providers.

You’ve lost your touch, South Carolina

Louisiana is going for full nullification.

How many doubling-downs are Republicans preparing? Republican state Rep. Mary Elizabeth Coleman is doubling down on Texas’ ban (Mother Jones):

Coleman’s proposed legislation would not only allow citizens to sue anyone who performs an abortion for a Missouri resident, but anyone who helps or even attempts to help a Missouri resident seek an abortion in or out of state. In other words, Missouri’s law would come for people outside of Missouri.

While this could be considered a step forward in the development of citizen-enforced rights-abridging laws, historically, it looks like a giant step backward. The most notorious corollary are the Fugitive Slave laws, which required the recapture and return of enslaved people who made it to free states—and put anti-slavery Northerners at risk of arrest, fueling resentments that led to the Civil War.

“When you look at the Texas law, it has all of the features and ingredients of the Fugitive Slave laws,” says Michele Goodwin, an expert in constitutional law and reproductive rights at the University of California-Irvine School of Law. “To understand the pernicious underbelly of the Texas law means situating it alongside other successful laws that sought to shackle individuals and keep them from gaining their fundamental human rights.” Rep. Coleman’s innovation, like the Fugitive Slave laws’, is to expand this regime nationwide. 

The South’s insistence on expanding slavery into new states led to the Civl War, didn’t it?

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For The Win, 4th Edition is ready for download. Request a copy of my free, countywide get-out-the-vote planning guide for county committees at ForTheWin.us. This is what winning looks like.

Requiem for a lightweight?

Republicans have knives out for WNC’s Madison Cawthorn

Rep. Madison Cawthorn (R-NC). Photo by Gage Skidmore via Flickr (CC BY-SA 2.0).

A few NC-11 Democrats have sworn themselves to changing their voter registrations to UNAffilliated for the emotional satisfaction of voting against Rep. Madison Cawthorn’s in North Carolina’s May 17 primary. It won’t likely be enough to make a difference. DocDawg, however, noticed their presence in early voting numbers.

The broader anti-Cawthorn effort is coming from the Republican Party. Daily Beast has a lengthy piece on efforts by Republicans in North Carolina to torpedo Cawthorn’s reelection effort in NC-11, a conservative seat formerly held by Mark Meadows and Blue Dog Heath Shuler before that.

Republicans want the scandal-and-grift kid gone:

Multiple embarrassing traffic stops. A credible accusation of insider trading. Photos of him sporting hoop earrings and a bra. A video of his hand near the crotch of a male staffer. Another video showing him jokingly but nakedly humping the upper body of potentially the same man—his cousin. And possibly more to come.

Few in politics have seen anything like the ever-worsening public relations trainwreck that has consumed the political career of Rep. Madison Cawthorn (R-NC). The unrelenting pile-up of damaging stories, insiders say, is the clear handiwork of political players determined to take out the 26-year old MAGA hero in the May 17 primary election.

The knives are out

The last straw for old-guard Republicans came after Cawthorn in March “alleged that unnamed GOP lawmakers were openly sniffing drugs and hosting orgies.” Now Republicans are feeding enbarrassing information to “Fire Madison,” a website run by a couple of Cawthorn-obsessed Democratic operatives.

“It’s not folks out of Washington that are sending this stuff,” insists David Wheeler, a former candidate for the state senate who operates the Fire Madison PAC. “It’s folks who used to work with him, who were his supporters.”

The PAC may be the least of Cawthorn’s worries, Daily Beast suggests:

The Cawthorn operation currently owes twice as much money as it has in the bank. In the month of April alone, they racked up nearly $250,000 in debt while spending another $216,000. The campaign offset that with only $102,000 in contributions, closing the month with a little more than $137,000 cash on hand.

But the problem isn’t limited to the spending itself. It’s also how he’s spending it.

“It’s a grift and a racket,” one North Carolina GOP strategist told The Daily Beast. Reports of Cawthorn setting up his friends with cushy paychecks have raised eyebrows among Republicans in the state, he said.

Cawthorn’s self-inflicted wounds and emnity from less-embarrassing Republicans may redound to the benefit of primary opponent NC Sen. Chuck Edwards. Edwards is endorsed by figureheads such as Sen. Thom Tillis. Edwards by reputation is no less MAGA than Cawthorn, just more subtle about it.

Early voting data in two of the most Republican (and well-to-do) precincts in Buncombe County, NC-11’s largest and bluest county, shows voting there spiking at 4-5 times the county’s other precincts. Republican primary ballots cast there by Rs and UNAs heavily outnumber Democratic ones.

But are they voting for someone or against someone?

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For The Win, 4th Edition is ready for download. Request a copy of my free, countywide get-out-the-vote planning guide for county committees at ForTheWin.us. This is what winning looks like.