DMZ America Podcast #106: A Big Week of Supreme Court Opinions

Syndicated Editorial Cartoonists Ted Rall (from the Left) and Scott Stantis (from the Right) analyze the issues and news changing our world. This week’s podcast is entirely dedicated to a historic week of opinions handed down by the Supreme Court of the United States.

First up, a look at a pair of landmark cases affecting higher education. Ted and Scott put into perspective the court’s decision to end race-based Affirmative Action and President Biden’s Student loan forgiveness program. Ted concisely explains the basis for the build-up of resentment over decades towards Affirmative Action and what led to the court’s ruling. Scott takes a victory lap after arguing for months that Joe Biden’s Student Loan Forgiveness program was executive overreach and should and would be struck down.

Next up, a pair of cases impacting the workplace: the Postal Worker and the Web Designer,(which sounds a lot like a really lame Hallmark Christmas romance movie). The mailman refused to work on his Sabbath; the web designer refused to create a site for a LGBTQ couple. When does common sense check bigotry? Scott and Ted’s spin on these decisions may surprise you.

In the last segment, Ted and Scott applaud the court shooting down, yet again, Independent State Legislature Theory (ISL), which would have allowed states to set up draconian voting procedures that would have served to deny ballot access to millions of voters.. They end up tying everything up in a neat little bow. You should listen.

 

Watch the Video Version of the DMZ America Podcast:

DMZ America Podcast Ep 106 Sec 1: Supreme Court Overturns Race-Based Affirmative Action

DMZ America Podcast Ep 106 Sec 2: The Cases of the Postal Worker and the Web Designer

DMZ America Podcast Ep 106 Sec 3: Death to the Independent State Legislature Theory

DMZ America Podcast #79: Musk’s Pronoun Wars, NYC’s War on the Homeless, Republicans’ Wars on Everything. Plus: Breaking News on Flamethrower Drones!

Editorial Cartoonists Ted Rall and Scott Stantis take a different view of the pronoun wars raging across America in response to Elon Musk’s jibes. Then they take on New York City Mayor Eric Adams’ policy of involuntarily detaining the homeless. Ted and Scott dismiss the Mainstream Left’s hopes and prayers that the Trump era is behind us. Most importantly, they announce the latest breakthrough in flamethrower-drone technology!!! 

 

 

Elon Musk, Gender and the War over Pronouns

            When you’re trying to get people to change forms of address, you have two options. You can bully them. Or you can convince them.

            Coercion can do the job, provided you possess that power. Less than 10 years after the Bolshevik revolution, Soviet citizens were mimicking the practice of pre-revolutionary communists, who called one another “comrade.” That anti-honorific honorific, meant to reinforce the regime’s message that all citizens were equal, vanished along with the collapse of the USSR and its replacement by a capitalist system that claimed nothing of the sort.

Conversely, convincing can be easy—when the proposed modification simplifies language. Introduced in the late 1960s and popularized by the 1972 launch of Gloria Steinem’s magazine of the same name, “Ms.” eliminated the guesswork inherent in the Miss/Mrs. binary, which required knowledge of a woman’s marital status and reinforced patriarchy by defining females by their relationship with men. Here, political progress hitched a ride on practicality.

Solving the is-she-or-isn’t-she problem led to rapid widespread acceptance. The GAO approved the use of Ms. on official government documents a mere month after the magazine appeared. By 2009 the European Parliament had officially banned the titles of Miss, Mrs., Madame, Mademoiselle, Frau, Fraulein, Senora and Senorita. The American Heritage Book of English Usage states: “Using Ms. obviates the need for the guesswork involved in figuring out whether to address someone as Mrs. or Miss: you can’t go wrong with Ms. Whether the woman you are addressing is married or unmarried, has changed her name or not, Ms. is always correct.”

As is his gloriously insensitive wont, Elon Musk recently wandered into the politics of a proposed linguistic change that is not going nearly as well: transgender activists’ project of using titles and pronouns to reinforce the message that gender (as opposed to sex) is inherently arbitrary, exists on a broad spectrum and non-binary. “My pronouns are Prosecute/Fauci,” Musk tweeted. But I’m not interested in the Fauci thing.

Astronaut Scott Kelly complained: “Elon, please don’t mock and promote hate toward already marginalized and at-risk-of-violence members of the #LGBTQ+ community.”

“I strongly disagree,” Musk replied. “Forcing your pronouns upon others when they didn’t ask, and implicitly ostracizing those who don’t, is neither good nor kind to anyone.”

            Musk is a lout. He’s also mistaken. No one is forcing anyone to do anything. LGBTQ+ folks are asking. When someone asks you to call you by a certain name or in a certain way, the polite thing to do is to comply. My legal first name is Frederick. My first-grade classmates insisted on addressing me by the diminutive Fred, which was annoying due to the popularity of “The Flintstones” TV show at the time. I went by Ted, from my middle name Theodore, beginning in second grade. Yet even now some people—jerks on a power trip—want to call me Fred or Freddy.

Whether it’s an individual or a class of people or a nation—the U.S. government childishly continues to use the old British colonialist name Burma rather than Myanmar, which it has been since 1989—I say call people what they want to be called.

The challenge for activists advocating for the 1.6% of Americans who self-identify as transgender or nonbinary is that the change they are asking for increases rather than decreases the linguistic complexity of concepts they think and talk about all the time. The remaining 98.4% are no longer male or female but cis male or cis female—a tortured prefix that neither rolls off the tongue nor has roots in anything familiar to most English speakers. Unlike Ms., cis-ification creates a problem rather than solves one.

Pronouns and forms of address are among the most basic building blocks of everyday speech. He/him and she/her are simple. Trans-friendly grammar is confusing.

Along with novel pronouns like they/them, favored by transgender people, are others like ze/zie, xe/xem and ve/ver. Americans are being introduced to gender descriptors that only recently began to enjoy distribution in mainstream media: genderqueer, pangender, genderfluid, neutrois, two-spirit, intersex. New York City officially recognizes 31 distinct gender identities, yet Americans do not know anyone who is transgender, do not see transgender people or issues on the news they consume and do not know what many of these terms mean.

            On the other hand, most respondents to polls say they would support their child if they were to identify themselves as transgender and would use whatever pronouns they preferred. The challenge isn’t transphobia. It’s convincing people to modify their behavior and speech in response to changes that aren’t yet visible enough to feel real to many people.

            Elon Musk tapped into a silent but widespread feeling, even among people who may be transgender allies, that pronoun wars are silly.

“We cannot assume someone’s pronouns, in the same way we cannot assume someone’s name,” a statement by the Trevor Project declares. “It’s always best to confirm with a person what their name and pronouns are. You can do that by asking, or by introducing your own pronouns when you meet a person, which gives them the opportunity to share theirs.” Who, outside rarified political or academic gatherings, actually does this? In the real world, people assume others’ gender based on their appearance—and they’re almost always correct. Politics fail when activists promote fantasy: even among Democrats, only 16% agree that everyone should generally say their pronouns.

I may not be the most butch dude in the world but, even so, no one has ever needed to be told that my pronouns are he/him. After six decades on the planet, why has this (until recently) non-issue become so fraught that I’m scared to be writing this essay lest I get pilloried on Musk’s Twitter? Kamala Harris recently welcomed a group of disability advocates with hilariously trite obviousness: “I am Kamala Harris.  My pronouns are ‘she’ and ‘her.’ I am a woman sitting at the table wearing a blue suit.” Well, duh. Has anyone ever wondered about the veep’s pronouns?

The pronoun thing also feels irrelevant to people who live in communities where they not only don’t know anyone who is transgender or nonbinary, no one they know knows someone who is. Politics fail when they don’t connect to perceived reality.

Can transgender Americans achieve full equality and eliminate discrimination without a radical grammatical transformation? If not, there is only one way to get there absent the kind of wholesale cultural transformation that took place in revolutionary Russia and its attendant social pressures. Stop preaching and wage a patient, persistent educational campaign that convinces most citizens that a more complicated world is a better one.

I’m not optimistic.

(Ted Rall (Twitter: @tedrall), the political cartoonist, columnist and graphic novelist, co-hosts the left-vs-right DMZ America podcast with fellow cartoonist Scott Stantis. You can support Ted’s hard-hitting political cartoons and columns and see his work first by sponsoring his work on Patreon.)

Why Are Women Falling Behind?

            Why do women keep getting pushed to the back of the line?

            The sociological history of the United States has been defined by struggles for equality with the landed white males, presenting as straight, who founded the republic. Though it’s still a continuing effort, the abolitionist movement and the fight for racial civil rights scored the first major triumph, emancipation in the mid-19th century.

            Gender equality and feminism achieved the second big win with the ratification of women’s suffrage in 1920. Since then, however, equal rights for women have frequently taken a back seat to other liberation struggles that got off the ground later. The Equal Rights Amendment was never ratified, putting the United States among the tiny minority of nations that do not specifically guarantee equality between men and women in their constitutions. The Dobbs decision made the U.S. one of just three countries in the world to have rolled back the federally-guaranteed right to an abortion since 1994.

            The worrisome stalling of women’s progress is highlighted by the bipartisan passage in the Senate of a bill that will codify same-sex marriage at the federal level. The bill is now headed to certain passage by the Democratic-controlled House and will be signed into law by President Biden.

In this era of extreme polarization, it’s newsworthy that 12 Republicans crossed the aisle to vote alongside Democrats. What’s really interesting is that the Respect for Marriage Act addresses a theoretical threat to liberty over one that is extant. In the Dobbs opinion, Justice Clarence Thomas argued that the Supreme Court’s newfound skepticism of a constitutional privacy right undermines the case law used to legalize contraception and same-sex marriage, and invited petitioners to bring test cases to the high court. But there was no indication gay marriage was on the judicial chopping block. Nor did the incoming Republican House leadership signal it wanted a ban—not that one would have survived the Senate or a presidential veto. This was a “just in case” move.

Abortion rights, on the other hand, were actually eviscerated by Dobbs. Half the states, comprising most of the area of the country and nearly half its population, ban abortion. Only 15 states allow the procedure without restrictions. Yet there is no possibility that the incoming Republican House will consider codifying Roe v. Wade at the national level. Even Democrats, packing their bags, offered only tepid lip service. As with the ERA, women will have to wait.

As seen with the progress on same-sex marriage, the movement for LGBTQ equality keeps moving forward—and at an impressive rate.

It’s harder to identify a discrete official start of the transgender rights movement, but media and political consciousness began to focus on the T in LGBT in the 1970s and 1980s. There still isn’t a federal law designating transgender as a protected class but the Supreme Court’s 2020 Bostock decision prohibits employment discrimination against transgender people. By way of comparison, it remains legal to fire someone because they are too young, specifically under age 40.

Stonewall augured the rise of the gay rights movement 121 years after the Women’s Rights Convention in Seneca Falls, New York did the same for women. Why does the women’s struggle, which got off the ground so much sooner, seem to have stalled, or even lost ground compared to more recent movements?

Barbara Jordan, the trailblazing congresswoman from Texas who won national attention during the Watergate hearings, said that she found it even more challenging to be a female politician than a Black one. In a country built on slavery and cursed by racism still embodied by racist policing every single day in every single town, that’s saying a lot.

Yet evidence that women are stuck is everywhere to see. Looking ahead to the 2024 presidential campaign, the growing buzz around Transportation Secretary Pete Buttigieg, coupled with the poor approval ratings for Vice President Kamala Harris, raises the possibility that we might see a gay man become president before a woman—and remember, it’s been 36 years since Geraldine Ferraro became the first woman on a major party presidential ticket. Progress in closing the pay gap between men and women has stalled at 84%, with no sign of improvement in sight.

It is ironic that women, who comprise the biggest demographic of any of the traditionally oppressed minorities in the United States, are having such a hard time compared to smaller groups who got started later.

Hell, women aren’t even a minority at all.

(Ted Rall (Twitter: @tedrall), the political cartoonist, columnist and graphic novelist, co-hosts the left-vs-right DMZ America podcast with fellow cartoonist Scott Stantis. You can support Ted’s hard-hitting political cartoons and columns and see his work first by sponsoring his work on Patreon.)

Every Day Is Fundraising Time

After Roe v. Wade was overturned by the US Supreme Court, President Joe Biden and his fellow Democrats were heavily criticized for their response, which boils down to pleas to vote for Democrats and fundraising. They were surprised because this has always been their typical response to such events.

Supreme Court to Progressives: Wake Up

            The Supreme Court just sent us a wake-up call. Pro-reality Americans, i.e. the 40% of voters to the left of the Democratic Party, should be grateful.

            A freedom essential to half the population never should have hinged upon a flimsy and poorly-reasoned legal opinion. Congress should have followed the example of other countries where abortion is legal, and passed a federal law decades ago. Instead, neither party acted on behalf of women. (And let’s not forget men—many of them want/need their partners to have abortions.)

Democrats are not the answer. They had the chance to codify abortion in 2009, when they had a 60-vote supermajority in the Senate and control of the House. Then-President Barack Obama chose not to lift a finger. “Not the highest legislative priority,” Obama sneered as he focused on what he cared about, doling out trillions to Wall Street megabanks. Instead he channeled his inner laissez-faire Republican, urging Americans to “reduce the number of unwanted pregnancies.” Women should despise him and the do-nothing Democrats.

            The overturning of Roe v. Wade shines a spotlight on other rights that rest upon the shaky foundation of a Supreme Court decision: men’s right to have sex with one another, same-sex marriage, marriage between different races, parental rights over child-rearing and the sale of contraceptives. This is no way to run a government.

            Whether or not the right-wing majority of the Supreme Court is mean and stupid is less important than fundamental truth that has been revealed: the separation of powers is broken.

            When something is important, there oughta be a law.

Not a ruling.

When a majority of voters arrive at a societal consensus on an issue like those mentioned above, a functional political system responds with a corresponding law negotiated and passed by a legislature. The U.S., however, is too riddled with partisan dysfunction and corrupted by corporate lobbyists to effectively address advances in culture and technology. Thus Congress can’t or won’t accommodate the 7 out of 10 Americans who want a European-style national healthcare system and higher taxes on the rich or the 56% who want to slash Pentagon spending.

Because Congress is impotent, the highest court of the judicial branch has been stepping in to legislate from the bench rather than limit itself to its intended role as arbiter of conflicts between laws and the constitution.

            Americans have accepted the bastardization of the separation of powers because the result tended to respect popular opinion. In 2015 when the Supremes legalized same-sex marriage, for example, 57% of voters agreed. (Now it’s 71%.)

Not any more. The rightward shift of the court following Trump’s three appointees, embodied by polls that show voters wanted to keep Roe by a two-to-one margin, and that New Yorkers were 80% in favor of the SCOTUS-overturned state gun law, have exposed the limits of expediency over ordered governance.  “Up until a couple years ago, it used to be the case that where the court fell was well within the lines of the average Americans’ positions,” notes Harvard public policy Professor Maya Sen. “Now we are estimating that the court falls more squarely in line with the average Republican, not the average American.”

            Short of revolution—which I favor—those who wish to see American laws represent current American political and social values have one way forward. Forget the courts. Voters must force legislators to legislate and the president to sign popular bills into law.

            The majority isn’t always right. Sometimes politicians should lead the people before they’re quite ready. In general, however, a representative democracy that ignores the will of the people is a failure.

            Americans who support a woman’s right to choose an abortion — all women, not just those privileged enough to live in a blue state or those in red states with enough money for travel expenses—face a choice.

They can embark on something this country hasn’t seen since the 1960s with the brief exception of the 2021 Black Lives Matter demonstrations, which were unusually intense and effective because they were fueled  by the COVID lockdown: a sustained campaign of angry agitation. We need a relentless round of street protests. Economic and cultural boycotts should turn red states into backwater pariahs. Voters can exert financial pressure via contributions that makes congressmen and senators on the wrong side of history and public opinion miserable enough to support a federal law legalizing abortion whether they like it or not. Republicans are obvious targets because Democrats need at least 10 GOP senators to federalize abortion rights. Democrats who aren’t fierce allies of choice (hello, Manchin) should be primaried out or face voter boycotts. Protests should erupt in every city, every day, loud and disruptive and terrifying to the powers that be.

Or pro-choicers can bemoan the HandmaidTale-ification of America, attend one or two photogenic parades on a conveniently-scheduled Sunday afternoon and recite ridiculous fantasies about packing the Supreme Court (you’d need a 60-vote supermajority) or hoping that its conservative members die under Democratic rule. Meanwhile, Southern women will have to drive a thousand miles to terminate a pregnancy

Roe was unsustainable. The liberal court was never going to last. Now that the bubble has burst, don’t whine. It’s time to organize.

(Ted Rall (Twitter: @tedrall), the political cartoonist, columnist and graphic novelist, is the author of a new graphic novel about a journalist gone bad, “The Stringer.” Order one today. You can support Ted’s hard-hitting political cartoons and columns and see his work first by sponsoring his work on Patreon.)

I Suffered and So Should You

Much of the opposition to student loan forgiveness boils down to bitterness. Why should people who suffered under a stupid system subsidize young people so they don’t have to suffer as well?

DMZ America Podcast #44: Is This the End of the American Century? Sex Education in Schools and How Low in the Polls can President Biden and the Democrats Go?

Two of America’s best political commentators, cartoonists Ted Rall and Scott Stantis, discuss the sun setting on this last American century. The “Don’t Say ‘Gay'” policy in our public schools gets a closer look and the latest polls are in, and things are looking pretty bleak for the Biden Administration and the Democratic Party.

 

 

The Annals of Woke Progress

For identity politics “woke” liberals, symbolic gains in diversity are all that really matter when gauging progress. Rather than focusing on policies that actually improve people’s lives, they promote privileged subsets of historically underprivileged groups. The absurdity and futility of this approach manifests itself when token representatives like Kamala Harris and Hillary Clinton join the ruling classes and become just as oppressive as the traditional old white males.

Trans People Are Welcome to Kill for the Military

In one of his first executive orders as president, Joe Biden reversed Donald Trump’s ban against transgender people serving openly in the United States military. Why would people who have been a victim of systemic discrimination want to go fight and kill on behalf of the system?

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