Don’t undermine judicial independence in haste

Originally published in the Pittsburgh Trib Live on July 14, 2020 The most important decision any political leader can make is about the constitutional structure of our government. Those decisions are best made calmly, deliberately and with a focus on the long-term good of our political community. Poor ones are most likely to be made in a rush, in anger and in response to short-term difficulties. Unfortunately, a Republican proposal to change how we elect justices of the Pennsylvania Supreme Court and judges of the commonwealth and Superior courts is going before the Senate this week in anger and resentment at recent Supreme Court rulings. Republicans are upset that the Supreme Court rebuffed its attempt to deny Gov. Tom Wolf an opportunity to veto their concurrent resolution ending the covid-19 state of emergency, even though the Pennsylvania Constitution plainly requires it. A critical feature of the Constitution of the United States —… Continue reading

Pa. Senate GOP’s judicial gerrymandering plan is a threat to our democracy

Originally appeared in the Pennsylvania Capital-Star on July 14, 2020 Democracy is threatened from many sides. The dangers include voter ID laws; closures of polling places; gerrymandered legislative districts; and problematic voting rules, especially with regard to vote by mail—not to mention attempts by both the executive branch in Washington and the legislative branch in Harrisburg to overstep their bounds. Time and again, the independence of our court has protected our political rights and our civil rights and liberties. Now, however, legislators in Harrisburg are taking a more indirect approach to weaken the independence of our courts. Senate Republicans appear determined to advance an amendment to the Pennsylvania Constitution next week that would change how we elect judges to our state’s highest courts—the Supreme Court, Commonwealth Court, and Superior Court. Instead of electing all judges statewide as we do now, they propose that we elect judges in regional election districts created by the… Continue reading

White Supremacy and Economic Policy

IN BRIEF White supremacy and slavery were created by political and economic elites to divide working people and limit their power; White supremacy has continued to do that throughout American history. Slavery and racial discrimination against people of color is so contrary to America’s unrealized ideals that it has to be justified by racist depictions of Black people that have then been used to describe all people with low incomes. Structural racism has created enormous barriers to Black economic progress and largely accounts for the substantial differences in income and wealth between Black and white people. White supremacy also harms white people with low and moderate incomes by undermining efforts to raise wages and create an inclusive and well-funded safety net for all. INTRODUCTION This policy brief, unlike the others in the We The People series, is not focused on a particular public policy but on the critical background issue… Continue reading

The Irony of Trumpism

The election of Trump was in large part a rear guard action of old white men (and the wives who think their fate is wrapped up in white supremacy and patriarchy) against an American that has been changing far too slowly for many of us, but far too fast for them–that is changing at all.  Trump’s explicit racism and sexism appeared because the we were slowly undermining racist and sexist practices and the usual mechanisms by which they were reproduced from generation to generation. Those practices were reproduced even as explicit racist and sexist speech was becoming less common in polite company. The power of structural racism and patriarchy makes it possible for them to continue even when people don’t explicitly embrace them. But it becomes necessary to advance to advance racism and sexism explicitly when you are afraid that they are being threatened. Trump’s explicit embrace of racism and… Continue reading

Statement on PA Supreme Court Decision in Wolf v. Scarnati

Originally published by KRC-PBPC here. All Pennsylvanians should be gratified by PA Supreme Court’s ruling today that the General Assembly’s attempt to unilaterally end Governor Wolf’s emergency orders is unconstitutional. The Court made its decision, as it should have, on the basis of the plain words of the Constitution which states that a concurrent resolution by the two houses of the General Assembly must be presented to the Governor for his approval or veto. But, as we pointed out in our amicus curiae brief to the Court, and as recent evidence in many other states shows, the consequences of ending the governor’s orders prematurely would have been devastating to the health and economic well-being of us all. Continue reading

The Republicans have been dead wrong about reopening

Originally published by the PA Capital-Star on June 30, 2020. For months Republican leaders in Harrisburg have been demanding an early reopening of businesses in the state and have criticized the demand to wear face masks in public. And recently all Republicans and a few Democrats voted to overturn Governor Wolf’s emergency order.  Extremists like Representative Russ Diamond and Senator Doug Mastriano have been claiming, with no justification at all, that those orders conflict with our rights as Americans. The evidence is now in. The policies Republicans, along with a few Democrats, have supported were wrong. Governor Wolf’s actions have saved thousands of lives. It’s rare that we can do experiments in political and social science to test our ideas. And because we can’t do that—and because people rarely question policies that accord with their self-interest—we have debates that are more about ideology assertion than a rational discussion and weighing… Continue reading

How Many Lives Have We Saved?

While Republican legislators have been insisting on an early reopening of businesses in Pennsylvania, we have seen one of the most dramatic declines in both COVID-19 cases and deaths of any state in the country. From a height of 1965 on April 19, the number of new cases dropped to 346 on June 21. And from a maximum of 554 deaths recorded on May 5, we had only three recorded on June 21. We have seen, and no doubt will continue to see, fluctuations in these numbers depending on vagaries in testing and reporting and how well Pennsylvanians adhere to guidelines meant to protect us as businesses reopen. But there is no doubt that the sacrifices we have made to limit the transmission of COVID-19 have had an impact. And the experience of states that have reopened businesses early and seen sharply rising numbers of people infected and deaths has… Continue reading

Legal Brief by PA Budget and Policy Center and Keystone Research Center Supports Gov. Wolf in Stay-at-Home Order Court Case

Originally published by KRC-PBPC The Pennsylvania Budget and Policy Center and Keystone Research Center submitted an amicus curia brief in Wolf v. Scarnatti, the Supreme Court case deciding if the PA General Assembly can end Governor Wolf’s emergency orders by itself, without submitting it’s concurrent resolution doing so to the governor for his approval or veto. The PBPC-KRC brief presents important context regarding the benefits of the governor’s executive actions to date and the critical importance of maintaining them to battle the pandemic. Continue reading

1968 and 2020

I was talking on a national call about this time and 1968. I was only 13 then and maybe don’t recall how crazy and unsettled and uncertain that time felt, what with the Tet Offensive (which made it clear that Vietnam was a lost cause), the assassinations and riots, the Democratic convention, and the election of Nixon (and probably more I don’t remember). But this time feels more uncertain and scarier. I’m not exactly sure why but I suppose it’s mostly Trump and the support he has from half this country. Police brutality, property destruction in cities, even COVID-19 wouldn’t feel utterly unmanageable if we had a president who was not both incompetent and a threat to our Constitution, democracy, and freedom. And while Nixon’s possible election was scary, he was never nearly as scary or as bad as Trump. The immorality of Vietnam weighed heavily on us, but it… Continue reading

No “Buts”—Really Seeing White Supremacy in America

Prefatory note: I start more writing projects than I can finish and usually have 20 or 30 half-finished pieces that I’m waiting to complete at the right moment. This seemed the right time to finish and post this one on racial justice. There is nothing new here at all. But it seems important for white people to be talking about these issues at this moment. My colleagues in the State Directors Racial Equity workgroup of the State Priorities Project State Directors helped me immensely with the hard thinking and personal reflection that led to this piece. Of them, I particularly want to thank James Jimenez of New Mexico, a great colleague and friend who contributed in many ways to this piece. I’ve been part of a group of directors of organizations that parallel mine who came together to better understand how racial equity should fit into our work. And those… Continue reading