On Punching Nazis, Serving Sarah Sanders, and Matters of Civility

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Sarah Sanders getting kicked out of The Red Hen in Lexington, Virginia has prompted conversations about whether people should be kicked out of establishments for their political beliefs and whether “civility” is warranted in these situations. While not all calls for civility have equal merit in light of their source, restraint, mediated by facts and precision of language, is still a worthy aspiration. (Photo Credit: Twitter)

You’ve probably seen T-shirts or memes devoted to instructing others to “PUNCH MORE NAZIS.” This sentiment, which invokes Richard Spencer—who doesn’t call himself a “Nazi” or a “white supremacist,” but an “identitarian,” though that basically means he’s a white nationalist and doesn’t want you to know he’s a white nationalist—getting punched in the face by a protestor on the day of Donald Trump’s inauguration, is one that many of us can probably get behind. After all, who really likes Nazis outside of actual Nazis?

As sympathetic as we may be to the idea of Spencer and his ilk getting decked, however—or, for some of us, wish we could’ve been the ones to do it—just because we can punch more Nazis, does it mean we should? Political theorist Danielle Allen, in an August 2017 column for The Washington Post, emphatically rules for the negative on this question. She writes:

White supremacy, anti-Semitism and racism are false gods, ideologies to be repudiated. They must be countered and fought. We must separate the violence that flows from those ideologies from the ideas that animate them. Different tools are at hand for fighting each.

We need to counter extremism’s violence not with punches but with the tools of law and justice. Where hate crimes and acts of domestic terrorism are perpetrated, our judicial institutions must respond. We as citizens must make sure institutions do their jobs, not plan to take the law into our own hands.

When the legitimacy of legal and judicial institutions has come into question — as has occurred because of police shootings and mass incarceration — we must strenuously advance the project of reforming those institutions to achieve their full legitimacy. But to take the law into one’s own hands is only to further undermine legal and judicial institutions. It provides no foundation for reform.

As Allen sees it, we need to be thinking more Martin Luther King, Jr.’s brand of civil disobedience and nonviolence, and less, you know, Charles Bronson’s brand of vigilantism from Death Wish. In doing so, we must address the failings of major institutions—namely the courts, the criminal justice system, and the legislative branch—enduring the process of advocacy for reform. Punching Nazis, while perhaps providing more immediate satisfaction, doesn’t put us on the same long-term path of reform.

In fact, as Allen stresses, countering violence with more violence only takes us further away from the peaceful society many of us would envision—one devoid of white supremacists and their hate. It does not make our world any more just than it was before we started throwing haymakers, rocks, and the like. It certainly doesn’t make it any more stable.

In other words—Danielle Allen’s words—”Once political violence activates, shutting it off is exceptionally difficult.” Her closing remarks reinforce this theme, with special attention to the morality of nonviolence as well as the impracticality of its opposite:

Why should anyone believe that people who have been committed to political violence will change their minds and recommit to peaceful forms of litigating conflicts? That kind of distrust erodes the foundations of stable political institutions. The path to justice always lies through justice, including the basic moral idea that immediate self-defense is the only justification for the use of force. We need moral clarity on this point.

Along these lines, violence is not the cure or negotiating tool we might conceive it to be. As the saying goes, it just begets more violence, and makes people that much more predisposed to taking sides and fighting, rather than willing to change. When people are made to think of political and social matters in terms of a war, they treat it like one—casualties and all.

The topic of punching Nazis is an extreme example, but one that facilitates a conversation about how we as Americans try to interact with and otherwise react to people with whom we disagree on matters of culture, politics, and morality. Recently, Sarah Sanders was asked to leave a restaurant named The Red Hen in Virginia because of her connection to the Trump White House.

The owner of the restaurant, Stephanie Wilkinson, was home when she got a call from the chef that night, who expressed to Wilkinson the notion that the staff was concerned about Sanders’s presence there. For Wilkinson, Sanders’s defense of Donald Trump’s policies within her role as White House Press Secretary was a deal-breaker. As she (Wilkinson) feels, it’s a matter of moral standards. Compassion. Cooperation. Honesty. These are not the kinds of things that Sanders and her briefings are not known for, and as such, Wilkinson took a stand. What’s more, Wilkinson said she would do it again if given the same opportunity.

News of Sanders’s removal from the restaurant has prompted all sorts of reactions, many of them indicative of a political divide that events such as these only seem to help widen. If The Red Hen’s spike in popularity on Yelp is any indication, the actions taken by its owner have proven very polarizing indeed, with scores of 1-star and 5-star reviews being affixed to the restaurant’s online profile in light of the controversy. While I suppose the treatment of guests should be a factor in reviews of eateries, lest we call these new additions illegitimate, to say nothing of the other elements of the customer experience really seems like a waste of an entry. I mean, what if the trout Grenobloise is truly transcendent? You can say what you want about the owner—but leave her and her restaurant their fish dish, OK?

Beyond reputation assassination via social media from anonymous sources, there are other issues raised by Sarah Sanders getting the boot from The Red Hen and subsequently calling out the restaurant on Twitter. For one, Sanders did so in her official capacity as Press Secretary, and that’s an ethical no-no. According to Walter Shaub, former ethics chief under Barack Obama and Trump, Sanders’s condemnation of a business for personal reasons using her government account can be construed as coercive and a violation of a corollary to the ban on endorsements that someone like Kellyanne Conway has blatantly disregarded in the past. As Shaub reasons, Sanders can “lob attacks on her own time but not using her official position.”

Also, people have drawn a comparison between the way Sanders was refused service for her political positions and the way some businesses have sought to refuse service to homosexuals, claiming “religious freedom.” As far as detractors on the right are concerned, this is just bigotry on the part of the left, but this is a false equivalency; since it has come up frequently enough, it’s worth addressing. Sanders chose her line of work and accepted her current position, and continues to serve as Press Secretary of her own volition. Gays and lesbians, on the other hand, don’t choose to be gay. It’s who they are. The best argument one can try to make is that Sanders, were she to proverbially fall on her sword, would put her career and her livelihood at risk. Still, that’s a stretch when considering the ostracism members of the LGBTQ community have faced over time.

The issue that appears to loom largest here, however, is the matter of whether or not owners of establishments should refuse service to patrons based on their political beliefs or their association with a disinformation machine like the Trump White House. This is where I’m a little unsure that Stephanie Wilkinson’s choice is the right one. Now, it’s one thing if Sanders and her group were actively trying to cause distress to members of the staff or other patrons, or they were trying to espouse discriminatory views. If I were a restaurant owner, I wouldn’t want, say, Ku Klux Klan members waltzing into my place and ordering cheese and crackers. There are limits to freedom of expression, to be sure.

Assuming Wilkinson has the right to ask Sanders and Co. to leave, though, whether or not she should ask them to leave is a subject worthy of debate. It’s like refusing to serve or otherwise accommodate someone wearing a “Make America Great Again” hat. In April, a New York City judge ruled a bar was legally allowed to refuse service to a man wearing a “MAGA” hat, as it wasn’t discriminating based on country of origin, race, religion, sexual orientation, or other demographic characteristic. It also didn’t help the man’s cause that he reportedly was verbally abusive to staff. In Sanders’s case, meanwhile, there is no indication that anything more than her presence was the source of unrest. Even in the court of public opinion, this seems like less of an open-and-shut case.

What especially gives me pause is that few people seem to be on Sarah Sanders’s side on this one, and I’m not sure if this is my failing in my refusal to join in, or just the left looking to stick their tongues out at a Donald Trump supporter like the White House Press Secretary in the midst of the administration’s flagging popularity, and as we plumb the depths of a crisis facing immigrant families which feels less like border security and more like ethnic cleansing.

Other Trump administration officials have met with similar treatment, with DHS Secretary Kirstjen Nielsen and senior policy advisor Stephen Miller both being met with protests as they ate at—irony fully noted—Mexican restaurants. It’s not just Cabinet members and racist advisors to the President, either. A video of New York-based attorney Aaron Schlossberg berating and threatening employees of a restaurant with deportation because they spoke Spanish went viral, and condemnation and ridicule were soon to follow. Heck, a GoFundMe page was even erected to pay for a mariachi band to play outside the man’s office. At a moment in time marked by visible tension between groups, especially whites who support the President vs. minority groups and their defenders, everyone seems to be fair game. The racist rants of yesteryear now run the risk of damaging people’s careers.

In all, there doesn’t seem to be much sympathy for Ms. Sanders—and I don’t know that there should be, quite frankly—but despite what someone like Rep. Maxine Waters would aver, maybe these officials shouldn’t be kicked out of restaurants, and definitely, I submit, they shouldn’t be harassed. That is, if one were to convey his or her opinions to them in a civil manner, it’s one thing, but it’s another to shout epithets at them while they try to eat enchiladas.

At the end of the day, we may find the positions of Nielsen and Miller reprehensible, but they’re human beings. Like you or I or the immigrants who live in fear of the Trump administration’s zero-tolerance policy, they still need to eat and spend time with family. While I suppose Sanders and her group could have just gone, say, to a Chili’s instead, to try to abnegate the humanity of one because of his or her own abnegation of another’s humanity is to make two wrongs without making a right. It might feel good for a spell, but as with punching Nazis, it doesn’t put us on a path to reform.

To boot, for those looking to discredit people on the political left as intolerant in their own right, the decision to ask Sanders to leave The Red Hen has the power to turn her into somewhat of a sympathetic figure, and given that she’s served as the mouthpiece of an administration which doesn’t seem to have the word “sympathy” in its vocabulary, such is a regrettable turn in these cultural conflicts because concern for her feels unearned.

It comes on the heels of criticisms levied on her by Michelle Wolf, for which members of the media were quick to come to her (Sanders’s) defense, a defense not only unearned, but undeserved given that Wolf was only pointing out Sanders’s role as an enabler and liar for President Trump. Thus, when Sanders tweets to say that The Red Hen’s owner’s actions say “more about [Wilkinson]” than they say about her and that she tries to deal respectfully with those with whom she disagrees, you tend to hate that she seems even somewhat credible—compromised ethics and all.


I know my position is liable to be upsetting to some people because it screams Democratic centrism to them (Chuck Schumer, among others, has criticized the desire to harass Trump administration officials). Believe me—I don’t wish to be lumped in with moderates when the Democrats’ refusal to move further left is one of my chief frustrations as someone trying to become more engaged with politics. And I certainly don’t wish to appear as if I agree with Donald Trump, who, though he has much more important things to do—facilitate peace on the Korean peninsula, help Puerto Rico, reunite kids with their families, etc.—felt compelled to rant about The Red Hen’s decision on social media. Say what you want about POTUS, but he’s consistent, you know, in that he never misses a chance to point a finger in a petty way.

Or some might just plain disagree. Ryan Cooper, writing for The Week, defends incivility toward Trump administration officials with points such as these:

  • In the situations recounted above, no one beat up these officials, broke any property, or threatened them in any way.
  • If anyone is “uncivil,” it’s the con artists, criminals, and/or racists of the Trump administration and people of a like mind such as Rep. Steve King of Iowa.
  • President Trump is, like, the most uncivil of us all, and he has a platform much bigger than any dissenter on the left.
  • This is a natural and perhaps unavoidable reaction to a lack of immediate electoral solutions or an absence of meaningful legislative representation.
  • Fretting about civility on the left internalizes the belief that it is pointless to try to appeal to people on the right, especially the far right, on moral and rational terms. Moreover, it sows division within “the Resistance.”

Cooper also dismisses concerns about incivility from the left being used as political capital for Trump and other officials, and while I agree to a certain extent that one shouldn’t necessarily worry about the feelings and potential votes of others in the course of public discourse, I also think that these definitions of “civility” and “incivility” are somewhat vague and get muddled with moral judgments. Being “civil” doesn’t necessarily relate to the moral rectitude of your behavior or your speech, but merely to formal courtesy and politeness in their expression. By the same token, however, “political civility” isn’t exactly the same thing as civility as per the dictionary definition, so maybe the problem is simply with our specificity of expression and how we delineate the terms, first and foremost. The line is an apparently fine one, and who is using this terminology is as important as what words are being used.

Plus, for those decrying this fussing over civility as just a ploy to stifle free speech, while addressing how to reach people in the face of carelessness or lack of composure is critically important, and while not all calls for civility are equal considering the source—this can’t be stressed enough—this doesn’t strike me as an occasion to participate in relativistic exercises. So Trump’s henchmen and henchwomen are uncouth. Does that mean we should all up and call them “feckless c**ts” in the style of Samantha Bee? Even if I feel Bee, like Michelle Wolf, shouldn’t feel duty-bound to apologize, her use of profane language didn’t make her argument more credible. At least we should be able to agree on this point.

I get it—so many of us are angry at Donald Trump and his enablers, and heartbroken about the plight of immigrant children, and feeling powerless with the midterms months away and 2020 still seeming remote, and tired of the onslaught of bullshit day after day. It’s not easy. Then again, it never was going to be easy, and for all the hemming and hawing about civility, if this is not to be the goal, at least we can aim for precision of language and factual correctness. Even in the face of haphazard tweets and “fake news,” rationality and truth yet have value.

To view this post as it appears on Citizen Truth, click here. Citizen Truth is an independent and alternative media organization dedicated to finding the truth, ending the left-right paradigm, and widening the scope of viewpoints represented in media and our daily conversations. For more on CT, please visit citizentruth.org.

With Democrats Like These, Who Needs Republicans?

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In retrospect, we should have known Heidi Heitkamp and Joe Manchin would vote for Scott Pruitt as head of the EPA based on their unnatural skin tones. (Photo Credit: Getty/Washington Post).

Though it’s been fairly quiet on the confirmation front lately (President Donald Trump has been repeatedly criticized for his—shall we say—dilatory commitment to filling vacancies in his Cabinet), even ex post facto, it can be educational to see how our U.S. senators voted on the 19 nominees thus confirmed. A particularly valuable resource in this regard is an interactive graphic from The New York Times authored by Wilson Andrews, Times graphics editor, that plots the confirmation vote records of each and every senator, sorted by most “no” votes to least.

On the Republican side, the results are disappointing, if not unsurprising. Of the 52 Republicans with a seat in the Senate, only four have registered at least one “no” vote: Lisa Murkowski (DeVos), John McCain, (Mulvaney), Rand Paul (Pompeo, Coats), and Susan Collins (DeVos, Pruitt). Aside from Andrew Puzder, who withdrew his name for consideration for the role of Secretary of Labor, and Betsy DeVos, Secretary of Education, who required Vice President Mike Pence to break a 50-50 tie and has been the only nominee to receive multiple “no” votes from Republicans, no one else has really been in doubt to pass confirmation proceedings. The only other candidates who have failed to garner even 55 votes are Mick Mulvaney (Office of Management and Budget), Jeff Sessions (Attorney General), Tom Price (Department of Health and Human Services), Scott Pruitt (Environmental Protection Agency), and Steven Mnuchin, the likes of which, either based on their past conduct, their conflicts upon conflicts of interest, or both, haven’t exactly distinguished themselves—well, at least not in the positive sense.

As for the Democrats and independents, the results are decidedly more varied. The top “no” voter in the Senate, tallying 17 of 19 nays, is Kirsten Gillibrand of New York, who is not really regarded as a progressive heroine, but has seemingly moved further left as she has gone along, and certainly more so than in her days in the House. Also high on the list are some of the more popular and well-regarded senators in terms of their principles—Cory Booker, Jeff Merkley, Bernie Sanders, and Elizabeth Warren, all of whom have issued 16 of 19 “no” votes. These senators and others who have voted no roughly two-thirds of the time—13 or more “no” votes, let’s say—comprise a minority even within the group of just Democratic and independent senators. Only 15 of this bloc of 48 senators have voted “no” 13+ times (31.25%), and that clip decreases to a scant 15% within the U.S. Senate at large. On one hand, that more Democrats are willing to break ranks is perhaps encouraging in terms of the desire to not merely rubberstamp or preemptively dismiss nominees along the path to confirmation. On the other hand, if you were looking for a unified front from the Dems, you can go ahead and keep looking, and moreover, the divide in votes may be indicative of a larger ideological divide within the Democratic Party.

Though a minority in its own right, a group of eight Democratic or independent senators has failed to record 10 or more “no” votes in 19 confirmation vote proceedings, with five of them failing to eclipse even six of 19, or a third of votes. These are the lowest of the low, literally speaking, regarding “no” votes:

Joe Manchin III (D-WV)

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“No” Votes: 4 (DeVos, Mulvaney, Price, Ross)

Joe Manchin, a professed Democrat, has cast as many “no” votes as Republican Senators who have voted “no” altogether during the confirmation process. As noted, that’s a bar that should be fairly easy to clear—and he hasn’t. The votes for Scott Pruitt and Rex Tillerson don’t come as that much of a surprise for Manchin, hailing from a state that is synonymous with coal, but the “yes” vote for Jeff Sessions is particularly egregious. Some are comparing Joe Manchin, based on his willingness to break from other Dems, to Joe Lieberman, a comparison which is not all that endearing. Though obviously a joke, it’s telling when the official Twitter feed for Full Frontal with Samantha Bee suggests Democrats oppose Manchin in the 2018 primaries with a lump of coal. Brutal, but not wholly undeserved.

Heidi Heitkamp (D-ND)

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“No” Votes: 5 (DeVos, Mulvaney, Sessions, Price, Mnuchin)

Heidi Heitkamp, like Joe Manchin III, suffers the ignominy of voting “yes” on both Pruitt and Tillerson. Also like Manchin, she hails from a state in North Dakota of which fossil fuels make up a significant part of the economy, so not a huge shocker there, but still disappointing. That she would be so principled on nominees like Mick Mulvaney, Jeff Sessions, Tom Price, and Steven Mnuchin makes her positions on Scott Pruitt and Rex Tillerson all the more jarring. Either way, Heitkamp and Manchin are the only two Democrats to vote for both Pruitt and Tillerson, and the former, like the latter, should receive her due censure from progressives within the party.

Angus King (I-ME)

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“No” Votes: 6 (DeVos, Mulvaney, Sessions, Price, Pruitt, Mnuchin)

Angus King of Maine is one of two independents in the Senate, alongside a certain senator from the state of Vermont who gave Hillary Clinton a run for her money regarding the Democratic Party nomination. Like Bernie Sanders, he caucuses with the Democrats. Apparently, though, he doesn’t vote with them nearly as often as his counterpart. Certainly, the “yes” vote for Rex Tillerson is concerning, but his approval for the likes of Ben Carson and Rick Perry is also vaguely disconcerting. Mr. King, you may be independent and may caucus with the Dems, but you are no Bernie Sanders. Not even close.

Joe Donnelly (D-IN)

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“No” Votes: 6 (DeVos, Mulvaney, Sessions, Price, Mnuchin, Tillerson; did not vote on Pruitt)

If you believe Joe Donnelly, he is a lawmaker committed to making life better for his fellow Hoosiers, and this includes working across the aisle when necessary. If you approach his statements and his voting record from a more pragmatic or even cynical viewpoint, though, you might say he capitulates to conservatives when he has to. As both a member of the House of Representatives and a U.S. Senator, Donnelly’s record has been marked by his being more moderate on both economic and social issues. While I respect that this likely has caused him stress in being the subject of attacks from both the left and the right, speaking as someone from the far-left, I and other progressive-minded individuals are looking for better than 6-for-19 on these confirmation votes. That would be fine in baseball, but Indiana does not have a major league team, and these matters are more important.

Mark Warner (D-VA)

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“No” Votes: 6 (DeVos, Mulvaney, Sessions, Price, Pruitt, Mnuchin)

Mark Warner has the exact same voting record on Cabinet position confirmations as the aforementioned independent Angus King. That’s not an endorsement—nor should it be considered as such. Once again, the principled stance on Pruitt alongside a “yes” vote on Tillerson is an odd juxtaposition, and even casting votes in favor of Rick Perry or even Ryan Zinke raises the progressive brow. Warner, it should be noted, is the top Senate Democrat investigating ties between Russia and Trump, particularly in the arena of interference in the 2016 presidential election. That said, being recently spotted having a chat over wine with Rex Tillerson doesn’t exactly inspire confidence for Democratic supporters that his interests and party loyalty are all that pure. Mark Warner, you’re on notice.


Even for those Democratic senators who have cleared the low hurdle of six “no” votes, a few others have yet to garner double digits, putting their judgment in question, or, if nothing else, suggesting they may be too close to center to really inspire enthusiasm among younger members of the party base. The following senators, if not getting an explicit wag of the finger, are nonetheless worthy of a wary eye:

Claire McCaskill (D-MO)

“No” Votes: 7 (DeVos, Mulvaney, Sessions, Pruitt, Mnuchin, Tillerson, Carson; did not vote on Price)

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You may have heard Claire McCaskill’s name in the news recently, when she called upon Jeff Sessions to recuse himself from any investigations into Russia and Trump, averring that she personally had never met Russian ambassador Sergey Kislyak—when, in fact, she totally had.  She also has recently been making a push to Bernie Sanders supporters in her bid for re-election—you know, despite endorsing Hillary Clinton early in the primaries and criticizing Sanders’ campaign at the time. These stories may say enough about the Democratic senator from Missouri, but her voting record alone on Trump’s Cabinet nominees should prompt criticism from the left.

Jon Tester (D-MT)

“No” Votes: 8 (DeVos, Mulvaney, Sessions, Price, Pruitt, Mnuchin, Tillerson, Pompeo)

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As far as moderates go, Jon Tester is fairly well regarded among liberals based on a number of his votes in the Senate, as well as policy positions which have evolved and moved further left over time (e.g. same-sex marriage, Don’t-Ask-Don’t-Tell). A bleeding-heart liberal Tester is not, though, with his pro-gun stance, for instance, painting him as more of a “your grandpappy’s” kind of Dem than the “elitist liberals” that are always being decried in right-wing circles. At least on the gun issue, this is perhaps to be expected in a red state like Montana. Still, one might have liked to see more push-back on nominees like Wilbur Ross or even Linda McMahon given his past diatribes against the wealthy. You get a pass this time, Sen. Tester. This time.

Tim Kaine (D-VA)

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“No” Votes: 9 (DeVos, Mulvaney, Sessions, Price, Pruitt, Mnuchin, Tillerson, Carson, Perry)

Tim Kaine’s presence on this short list means Virginia has two under-10 “no” vote senators to its name, the only such state to earn that distinction given two Democratic/independent senators. Kaine, as you’ll recall, was Hillary Clinton’s pick for vice president, and a way too “safe” one at that. He is the sort that is unlikely to generate much enthusiasm from even party loyalists, let alone a younger portion of the base looking for more conviction on important issues, such as free trade (like Clinton, Kaine has supported NAFTA and came late to his resolution against the Trans-Pacific Partnership) and regulation of the banking industry (proposals of his, while under the guise of being pro-regulation, have been criticized by progressive groups as being anything but). Tim Kaine may be a nice enough guy, but he was the wrong choice for Clinton’s presidential campaign, and may be symbolic of the “mainstream” wing of the Democratic Party that is keeping it from more enthusiastically embracing more liberal views.


To be fair, one might argue that “no” votes without much hope of dramatically altering the outcomes of these Cabinet nominees mean very little. In this regard, stances taken against potential office holders amount to little more than posturing. By the same token, however, for those who have registered more “yes” votes than “no” votes, perhaps these confirmation votes presage a deeper reluctance to embrace the Democratic Party as a whole, or at least magnify the effect of their senator’s centrism.

Where the rubber meets the road, so to speak, then, is with the looming vote to confirm Neil Gorsuch as the next Supreme Court justice. In a vacuum, Donald Trump’s choice of Gorsuch to fill the vacancy left by the passing of Antonin Scalia might not be so hotly contested by Democrats. As things in the political world have shaken out of late, though, there is additional context to consider. Republicans already had majorities in the House of Representatives and the Senate before the fateful events of November, and with Trump—a loose cannon if ever there were one—ascending to the highest office in the nation, the stakes are higher than ever for a party in the Democratic Party that is reeling from electoral defeats up and down the levels of government.

Of even higher relevance, meanwhile, is Merrick Garland’s stalled nomination for this same vacancy. As you’ll likely recall, Garland was tapped by President Barack Obama near the end of his tenure, which he was perfectly justified in doing. Effectually, Obama called conservative Republicans’ bluff, nominating the kind of jurist that appeals to those on both side of the political aisle, and thus requiring GOP lawmakers to all but in name concede their refusal to confirm or hear Merrick Garland was petty gamesmanship. Which, of course, they did. Mitch McConnell and Co. held their breath and waited for Obama’s second term to conclude, rejecting calls from their Democratic counterparts and their constituents alike to “do their jobs.”

With all this in mind, we return to the current kerfuffle over Neil Gorsuch. Whereas Trump’s various Cabinet picks have only needed a 51-vote majority to secure confirmation, the role of Supreme Court justice, because it is so vital and because it is a lifetime appointment, would require 60 votes as part of a procedural cloture vote to end debate and move on to the actual confirmation vote if Senate Democrats are determined to filibuster the nomination. So, how committed are the Dems and independents in the Senate to staving off the confirmation vote? Well, let’s just say they should have enough votes—a minimum of 41 would be required—to filibuster Gorsuch’s nomination. But it’s not exactly a safe margin, and fairly significantly, I feel, a few senators have either wavered on whether or not they will support a filibuster, or have outright indicated they are against this measure. Once again, Wilson Andrews and The New York Times, with the help of Audrey Carlsen, Alicia Parlapiano, and Jugal K. Patel, have devised another helpful graphic to help us sort out the positions for or against filibuster.

Undecided or Unclear: 2

Up for Re-election: 2 (Benjamin L. Cardin, Robert Menendez)

Ben Cardin and Bob Menendez are likely to vote against Neil Gorsuch in a final vote to determine if he is confirmed or not. Remember, though, we are talking about specifically pledging to support the 60-vote filibuster, and as of Tuesday, April 4, 4:30 P.M. EDT, their commitment was judged by the team at the Times to be undecided or unclear on that front. Cardin, for what it’s worth, has said he supports the filibuster on social media, and Menendez has apparently followed suit. Both senators are facing re-election in 2018, but that provides only slight plausibility as to why they would wait until Democrats were all but assured of having the necessary 41 votes given they do not really hail from strong red states. In short, and to be quite frank, it’s pretty cowardly of Ben Cardin and Bob Menendez to make their intentions known after the fact. The above-cited article from The Hill also name-checks Angus King, who, as we know, is an independent and has only managed a scant six “no” votes (and is up for re-election), as a late decider. As Democrats, however, you would expect better of Cardin and Menendez, both of whom have gone 12-for-19 in “no” votes, and as a progressive hailing from the state of New Jersey, I am severely disappointed in the latter.

Against Filibuster: 4

Up for Re-election in Solid Trump State: 3 (Joe Donnelly, Heidi Heitkamp, Joe Manchin III)

Not Up for Re-election: 1 (Michael Bennet)

Joe Manchin. Heidi Heitkamp. Joe Donnelly. We’ve heard these names before, haven’t we? Suddenly, their positions on Cabinet nominees, viewed through the lens of their opposition to the filibuster, make a lot of sense. All three are running for re-election in what are deemed “solid Trump states,” meaning Donald Trump carried them by more than five percentage points in the presidential election.

On one hand, I get that re-election in hostile territory, so to speak, stands to be difficult, and there are those of us who would be willing to accept a moderate Democrat who agrees with the party at least some of the time as opposed to a Republican who is more likely to promote a regressive political agenda. On the other hand, though, being, for all intents and purposes, light versions of Republicans arguably does little for the party and only helps depress turnout in elections, especially among independents and progressives. In this regard, the Dems who capitulate to conservative or even moneyed interests can be seen as conceding without making a concerted effort to expand their base among neglected demographic groups in their jurisdictions—playing politics in the short term and risking party support in the long term. In other words, the likes of Donnelly, Heitkamp and Manchin are playing not to lose rather than to win, and this same strategy as employed by Hillary Clinton and other Democrats only seems to be hurting the Democratic Party at the polls. Once again, speaking bluntly, Democratic leadership doesn’t seem to “get it.”

As for Michael Bennet, even for someone whose job is not immediately in danger, he has recognizably faced pressure from both the left and right regarding the filibuster. If Jon Tester, a senator in a red state up for re-election can support the filibuster, however, I submit Bennet (10-of-19 “no votes”) could have, too. Way to ride that center rail, Mike.


The Senate Republicans are expected to exercise the so-called “nuclear option,” essentially rewriting the rules so that 51 votes can advance proceedings to the actual confirmation vote. So, why bother with a filibuster? Democrats and others on the left would insist that this is more than warranted for the GOP’s refusal to hear Merrick Garland, and besides, with a president whose ethical conflicts are barely disguised as such, and who many contend is too unhinged to serve in his present role, there are those who call on Senate Dems to demand Trump release his tax returns at a minimum before considering Neil Gorsuch for the vacancy in the Supreme Court. Then again, Republicans would say that the Democrats “started it,” after rewriting Senate confirmation rules for executive and judicial nominees in their own right in 2013.  Is all fair in love, war, and politics, or do two wrongs not make a right? I guess it depends on what side of the fence you’re on, honestly.

Even if the Republicans “go nuclear,” as President Agent Orange would have it, resisting the confirmation of Gorsuch and other picks until that point based on the merit of held ideals would convey to voters that the Democrats are willing to fight for their constituents and for what they believe in rather than merely trying to hold on to what seats they have. Moreover, claims from Joe Manchin et al. that politics should be kept out of the judiciary are weak sauce when politics so clearly stand behind the decision to nominate Neil Gorsuch in the first place. If Dems like Claire McCaskill want votes from Bernie Sanders supporters, they can’t just ask for it—they have to earn it. That is, they have to demand the kind of change that authentically speaks to the needs of their rank-and-file constituents, and not merely count on voters’ ability to distinguish their policies from those of the GOP, especially when calling for incremental or middling reforms. Otherwise, with Democrats like these, who needs Republicans?

All Votes are Final, and Other Notes on the Impending Election

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Don’t regret your vote like Donald Trump regretted coming too close to this eagle. (Image retrieved from mashable.com.)

Mere days before the U.S. presidential election—one that will decide which rich, arrogant white person voters really don’t seem to like gets to be our next Commander-in-Chief—I can’t help but think about another recent vote overseas which garnered a lot of attention. Like with the anticipated margin of victory/defeat in the American general election, the results of this referendum vote were nail-bitingly close. And as is distinctly possible with our choices in the ol’ U-S-of-A, a majority of the participating constituents, as slim as that majority may have been, made a very dumb decision.

By now, you probably realize I am alluding to the so-called Brexit referendum vote in the United Kingdom, in which voters, deceived into believing false promises made by the party about steering 350 million pounds a week to the UK’s National Health Service, or otherwise exploited for their concerns about greater control over the country’s economy and borders, opted for Britain to leave the European Union. The exact mechanics of the United Kingdom’s jettisoning itself from the EU are still being discussed/litigated, in particular, when exactly the change occurs. The extent of the damage, as it likely will bear out, is also up in the air. When the news broke, one specific aspect of the Brexit vote and its immediate aftermath was striking to me. No, not that Boris Johnson looks like the human version of a Muppet, or that Nigel Farage is a weasel-faced liar, though both are indeed applicable.

What struck me is that a good number of UK voters did not seem to appreciate the seriousness of the circumstances behind the referendum vote, or otherwise failed to comprehend exactly what was at stake. In the wake of the bombshell news that the United Kingdom opted to Leave rather than Remain, as this Vox piece by Katie Hicks encapsulates, there was, for many, a quick turn to regret, especially among those who voted to Leave as a sort of “protest vote” while thinking all the while that the Remain side would prevail. The natural response of many hearing this was, “Um, are you f**king kidding me?” Of course, a number of these armchair detractors may not have even voted, so take this criticism for what it’s worth. Perhaps even more confounding, though, after polls had closed following the Brexit vote, Google searches for “What is the EU?” spiked precipitously. The natural response of many was to curl into the fetal position, rock gently back and forth, and weep trying to remember a time when their fellow man or countryman could be trusted to do a lick of research before voting. In these Internet surfers’ defense, I realize the average person’s hours are at a premium, and that many people do not have much time to look things up alongside working and trying to raise a family or whatnot. BUT SERIOUSLY, IF YOU WERE VOTING TO LEAVE THE EU, YOU SHOULD HAVE SOME IDEA OF WHAT THE F**K IT IS. JUST A BIT.

As Samantha Bee quipped about the relationship between Brexit and the state of American politics shortly after the UK’s fateful decision, the parallels between the rise of nationalism in Britain and Trump’s ascendancy to the Republican Party presidential nomination are so obvious a “brain-damaged baboon” could see them. Indeed, the comparisons to be made herein are pretty stark. The Washington Post‘s Chris Cillizza—decidedly smarter than a brain-damaged baboon, mind you—plotted the similarities between the Brexit movement and a Trumpian undercurrent that has been building largely within white America for some time now. In fact, the strength of Donald Trump’s “anti-establishment” support is such that the undercurrent has since risen to the level of full-on current. Disaffected prospective voters are chanting “Lock her up!” at the mention of “Crooked Hillary” Clinton’s political scandals, alongside the white supremacists feeling perfectly comfortable in, say, punching black protestors at Trump rallies, or burning historically black churches and writing “Vote Trump” on them. You stay classy, racists of Mississippi.

So, what parallels does Cillizza identify? Broadly speaking, he points to three areas of similitude:

Immigration is “out of control”

Obviously, xenophobic sentiment in the United Kingdom has little to do with worry about Mexicans crossing illegally across the border. Such is a uniquely American concern. That said, with migrants from over 20 European Union nations able to move freely across borders, there is at least superficial reason to understand why Team Leave was able to pull off the upset win, as some might see it. It’s the fear of outsiders. The fear of loss of cultural and national identity. The fear something could be taken away. Those same feelings of fear and worry about loss are pervasive among Donald Trump’s supporters, who express genuine enthusiasm about the concept of building a wall at the country’s southern border or favor a ban on Muslims under the vague notion this will keep us safe. Make America Great Again. “Take back control.” Either way, the idea is about going back to a better, more prosperous, simpler time. Such a time may not actually exist, mind you, or at least not as those looking through rose-colored glasses may see things, but you can’t fault voters too much for latching onto a candidate who not only professes to know what is truly ailing the United States, but exactly how to fix it.

Political leaders are “clueless and corrupt”

As Chris Cillizza explains, Brits have had a long-standing issue with rules and standards being dictated to them from European Union headquarters based in Brussels, Belgium. Add to that flagging confidence in pre-Brexit-vote UK prime minister David Cameron, and it’s no wonder the Leave vote had the kind of support it did on this dimension. In the United States, meanwhile, faith in institutions has declined in recent years pretty much across the board, and Congress, for one, is no exception to this rule. Unfortunately, Donald Trump has been given a lot of ammunition in this regard, including but not limited to his political rival, Hillary Clinton, whose various political scandals have dogged her throughout her campaign. It’s worth saying that Trump himself has proven woefully clueless at points in the past year, and umpteen reports have hinted at his own malfeasances. The difference is “the Donald” seems more capable of shrugging off accusations of impropriety, while Hillary’s wrongdoing has stuck to her like glue. This disparity might just be enough to sway the election, at that.

Consequences are “overrated”

Just how bad could a Brexit prove? Even in advance of the referendum vote, as Cillizza notes, experts were warning a break with the EU could not only send the UK into recession, but it could lead to further secession from the European Union, as well as Scotland to just say, “The f**k with ye!” and secede in its own right from the United Kingdom (Scotland, for its part, overwhelmingly voted to Remain, which Donald Trump somewhat infamously failed to recognize after the smoke had cleared). And yet, a majority of voting Brits opted to Leave anyway. Recession, shmecession, am I right?

In terms of Donald Trump’s intended policies—as poorly-defined as they are—his supporters have also damned the potential fallout from his winning the presidency and exacting such measures, defying the predictions of many, myself included. After Trump’s whopper of a speech announcing his intentions to run for President of these United States, I imagined he would find some way to torpedo his campaign, if this didn’t manage to achieve that effect to begin with. Seeing the frustration with establishment politics from the progressive angle, meanwhile, I admittedly underestimated initially just how fed up everyday Americans are with “politics as usual” and the state of affairs in the country today. Chris Cillizza closes his piece on the Brexit-Trump with these thoughts, which sound like a warning more than anything:

We are in the midst of a worldwide sea change regarding how people view themselves, their government and their countries. The Brexit vote and the rise of Trump — while separated by thousands of miles and an ocean — are both manifestations of that change. There will be more.

“There will be more.” Sounds ominous. Like, “there will be blood.” Only Donald Trump is Daniel Plainview. And he’s about to drink all our milkshakes.


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Is this face the epitome of regret, or “Bregret,” as some would term it? Perhaps. At least the man had the decency to resign in disgrace. With Trump, we’d have four years of a disgrace coming into office. (Image retrieved from excelaviation.ie.)

Like I said, I, at first, underestimated just how afraid and angry average Americans are, and how they might be willing to look past what many of Donald Trump’s critics see as detestable incompetence. Not to mention dude’s a first-rate asshole. He lies. He deceives. He cheats. He lies some more. And he belittles, bullies or sues anyone who runs afoul of him—which is not hard to do either because the man’s got the emotional maturity of a second-grader. Yet for all his shortcomings, those who intend to vote for him see a greater danger in letting Hillary Clinton get to the White House. I think an essential element of this is that with Trump, there is at least the perception that what you see is what you get. It may not be true, but by saying so much crazy shit over the past year and change, people get the sense he is being forthright with you—even when he’s off-color or off the mark completely.

With Clinton, though, the name of the game is secrecy, built on a mistrust of the press and a fundamental misunderstanding of the electorate. True, she possesses a vague feminist appeal in that she would become the first female POTUS (her suffragette white pantsuit has also played to female voters), as well as the notion she appears to genuinely care about the rights of women and children in particular. She also has received the support of progressive figures like Bernie Sanders, Elizabeth Warren, Michael Moore and Robert Reich, who have tried to make it seem as though Hillary is the greatest political candidate to ever grace a ballot—if for no other reason than she would be a vastly more rational leader than Donald J. Trump. If not connecting with voters based on a sense of historical achievement or pragmatism, though, she’s pretty much swinging and missing on an emotional front. Trump at least makes his supporters feel like he cares about the average Joe. With Hillary Clinton, however? She is so far removed emotionally from John and Jane Q. Public it’s scary—and I think the Democrats, in general, are too. To a certain extent, so are establishment Republicans. Going back to the Cillizza article, Jeb Bush and Marco Rubio were cited as figures who believed Americans would “come to their senses” eventually. They were right, but not in the way they meant it. Americans are coming to their senses—but in the form of realization than neither of the major parties really get why so many of us are pissed off. Especially for Hillary’s and the Democrats’ sake, who have been celebrating her likely inauguration before she started running, it might just take a loss to Donald Trump for that aforementioned “sea change” in global politics to sink in and for the party to make meaningful changes.

The question is, then: what are the odds Trump could actually pull off his own Brexit-like reversal of expectations? As it always seems to be the case, the mainstream media and liberal news publications highlight favorable national polling numbers for Hillary Clinton over Donald Trump, albeit less favorable than they were, say, a month ago. As we know, though, this is not how presidential elections are decided in this country—electoral votes are tallied on a state-by-state basis with the winner needing to get to 270 votes. And the most recent updates are not exactly good for the would-be Madam President. Nate Silver of FiveThirtyEight indicates Trump is polling well in key swing states. Moreover, CNN’s most recent electoral map projection puts Clinton two electoral votes short of the necessary 270, with 66 votes up for grab in “battleground” states and blue-leaning states like Colorado, Michigan, Pennsylvania, Virginia and Wisconsin anything but sure bets. Of course, Hillary Clinton is yet the odds-on favorite to win on November 8, but, to borrow a phrase you will likely hear quite often this coming Tuesday, the race is still “too close to call.”

In other words, Donald Trump could conceivably win this whole g-d thing. Bringing back the conversation full circle, much as people voting Leave in the Brexit referendum vote may have regretted their choice, believing Remain would carry the day, if you’re voting Trump but really thinking Clinton will win, don’t. Just don’t. Also, much in the way people were mystifyingly Googling “What is the EU?” after voting, you need to understand what it as stake if Donald Trump wins. Mark Kleiman, public policy professor at NYU Marron Institute of Public Management, enumerated the “damage” a Trump presidency could entail, either with the stroke of a pen or with the sanction of a Republican-led Congress. Read it. The whole list. If you’re still riding the Trump Train after all these points, that’s fine. But if you don’t understand the scope of who or what you’re voting for prior to casting your ballot, you probably shouldn’t even be voting.

I am likely preaching to the choir with a lot of my sentiments in this piece and in this closing. I realize that. Still, it deserves to be said, and as such, I’ll make my own final plea: don’t vote for Donald Trump. Again, just don’t. This is not an endorsement of Hillary Clinton. Far from it. I’m not voting for her, after all. But I’m not voting for Trump either, because he is clearly the wrong choice. Sure, it’s a free country, and you can vote for whomever you want. Just remember, however, that all votes are final, and that lasting consequences may result whichever way you choose.