Category: current events

SoCS: United States?

I live in the United States of America.

It doesn’t feel that way.

There is a huge amount of disunity both between states and within states and it’s very upsetting and disorienting.

As with any democratic country, there will always be differences of opinion of how to govern and how to prioritize our obligations to each other and to other countries but we have fallen into a situation where we can’t even agree on facts.

I’ve written before about the issue of abortion, which now has each state making their own laws about it, but some states are trying to forbid going to another state to receive care, which is not something that should even be considered in the United States. We are supposed to be able to travel freely between states and to engage in commerce there.

As it happens, I’ve lived most of my life on a state border, growing up on the Massachusetts side of the border with Vermont and living for the last several decades on the New York side of the border with Pennsylvania. The concept that there would be any restrictions on crossing the border or engaging in a legal activity there is just bizarre and un-American.

While this disunity began before the Trump presidency, he has thrown the problem into overdrive. As non-US folks may be aware, Trump’s home in Florida was searched under warrant by the Federal Bureau of Investigation earlier this week. Yesterday, the warrant and receipt of what was removed by the agents was released by the court. The former president had kept documents that, under the Presidential Records Act, he should not have in his possession. (All presidential records belong to the people of the United States and are administered by the National Archives.)

This is part of an investigation at this point; there have been no charges that we know of. I suppose there could be charges that have been made but that are under seal but that seems unlikely at this point. At any rate, it seems clear that the former president had in his possession documents that he has no right to possess and that he did not turn them over when he was asked about them. When the archivists realized some documents were missing, they asked for them. Over the winter, fifteen boxes of material were sent back to Washington. When they analyzed them, the Archives realized there were still materials missing. There was a subpoena for them issued in June but they still were not returned, which led to the warrant and search this week. More materials were found and removed by the FBI agents, including some materials that are considered so sensitive that they are only supposed to be read in special rooms that are very secure with guards and prohibitions against having any electronic devices near them.

I’m not a lawyer, but the known evidence at this point looks bad for the former president.

The problem is that, in this time of disunity, even facts seem to be in dispute. Trump and his apologists are running through all kinds of excuses and obfuscations. There were claims that none of the president’s – well, ex-president’s – staff were there but his lawyers were present during the search. There were accusations that the FBI agents planted evidence, although, not only were Trump’s lawyers there but also DT and Melania watched the search unfold over the extensive surveillance system of Mar-a-Lago, the Trump golf resort which has become their primary residence. Trump was in New York at the time of the search to give a deposition in a civil case about his business practices pre-presidency; in hours of questioning, the only question he answered was his name, invoking his right against self-incrimination hundreds of times. (It’s true that that is his and every person’s right under the Constitution, but this is a civil, not criminal case, so jurors will be able to draw inferences from the refusal to answer in ways that are not possible in criminal cases where taking the Fifth is not able to be used against you in any way. Yeah, stream of consciousness can lead you off your path into what should probably be a separate post…)

So, yeah, back to other excuses. Some are saying that everything is okay because DT declassified everything he took, trying to obscure the fact that he should not have had any of these materials AT ALL because all presidential records belong to the people of the United States through the National Archives. Also, there is an extensive process by which a president can declassify materials which was not followed, as there were materials that still have stamps for classification at various levels, which would have to have been removed with documentation if they were truly declassified.

Unfortunately, there has already been a life lost due to the lies about the search. A man, responding to false reports that the FBI had done something illegal, attacked an FBI office, fled, had a standoff with agents, and was killed when he raised his weapon against them.

I’m very afraid of violence becoming more widespread. Unlike our Civil War which was between the Union and a group of states which broke away, this violence would likely take place within communities. There are homes that are flying the United States flag upside-down, which is a signal of distress, and displaying Trump banners and Second Amendment flags with guns on them and flags with vulgar messages toward President Biden. There are lots of people with multiple firearms and lots of ammunition. There are various s0-called militias that are anti-government and/or white supremacist, anti-Semitic, Christian nationalist, etc. And, of course, because of the January 6th insurrection, we know that they are capable of organizing and attacking at Trump’s behest.

It’s terrifying and bewildering and disorienting. I never thought I would have to fear that the United States might fall apart, or worse, fall into authoritarianism. I never thought one entire political party would so flagrantly violate their oath of office and still manage to get elected through riling up fears and manipulating the election system. I never thought the courts would take away rights that had been recognized.

It’s discouraging that, with facts as clear as they have been from the Select Committee taking testimony about January 6th and from the search warrant and results from this week, that so many, especially Republican members of Congress, are continuing to lie and lead people astray.

I try to do my little part to keep facts out there, even in stream of consciousness, but sometimes the disunity seems insurmountable. Millions of us will keep trying, though, to make our country the United States again.

I hope we can.
*****
Linda’s prompt this week was to build our post around something that begins with the letter U. Join us! (You can stream of consciousness write about something much more fun than this post, I promise!) Find out more here: https://lindaghill.com/2022/08/12/the-friday-reminder-and-prompt-for-socs-aug-13-2022/.

(A reminder: Comments are open. I will respond to respectful comments but will delete anything that is vulgar or abusive.)

the aftermath of Dobbs

When I wrote this post after the leak of US Supreme Court Justice Alito’s draft opinion on an abortion law in Mississippi, we weren’t sure if there would be changes before the decision was announced.

When the decision was announced on June 24, it was little changed from the draft. The majority signed on to the opinion that Roe v. Wade had been “wrongly decided” and threw the matter of the legality of abortion to each state’s legislature.

It’s not that long-standing Supreme Court precedents have never been overturned or declared “wrongly decided” – the Dred Scott decision springs to mind – but the Dobbs case was the first time that such a reversal came at the expense of a recognized right.

Many lawyers and Constitutional scholars have faulted the majority’s decision on historical and legal grounds, as Alito seems to cherry-pick sources in support of his view while ignoring the mainstream history and scholarship to the contrary. For example, while it is true that the Constitution does not specify a right to an abortion, it also never uses the word “woman” or “family.” There are many rights that have been recognized by the courts over the centuries that are not specifically cited in the Constitution under the Ninth Amendment which states “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.” The right to privacy and to bodily autonomy belong to each person and should not be under the jurisdiction of the government at any level. The Alito opinion also seems to violate the Thirteenth Amendment against involuntary servitude and the Fourteenth Amendment which promises “equal protection of the laws.”

While Alito said that abortion was a unique situation in terms of privacy protections, Justice Clarence Thomas wrote a concurrence that openly questions other rulings, such as those allowing contraception and marriage equality in all states. Somehow, he didn’t suggest that the Loving case, which forced all states to allow interracial marriage, had been wrongly decided, one assumes because he is a partner in one.

It’s now a little less than a month since the decision was handed down and there is upheaval. There have been many protests and public demonstrations. Some states moved to ban all abortions or all after six weeks of pregnancy. Some states are even trying to prevent people from crossing state lines to receive care, as though being a resident of a state gave them ownership over you. While the House has passed legislation to codify abortion rights similarly to Roe and to allow interstate travel for medical care, the Senate Republicans have blocked both measures from coming to a vote.

Some states are protecting and codifying the Roe framework. My home state, New York, had done this previously and is now beginning the years-long process to amend the equal rights protections of the state constitution to include “sex, including sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes, and reproductive health care and autonomy”. Bonus: this will protect marriage rights and stand against all gender-related discrimination, as well as returning reproductive health rights to each individual.

Before the decision was handed down, those of us warning of the dangers to the health and well-being of pregnant people were scolded for being alarmist, but we were being realistic. Every day, there are stories in the news of delayed care for miscarriages that threatens the health and life of the mother. There are stories of rape victims having to go to another state for an abortion. The most heart-breaking of these is the case of a ten-year-old rape victim who had to travel from Ohio to Indiana to receive an abortion at six and a half weeks pregnancy. This child has had to endure not only rape and the severe threat to her health that pregnancy at such a young age entails but also the trauma of some politicians and commentators questioning the veracity of her story.

These cases show the dangers of trying to legislate what should be private medical decisions. While some are contending that it’s not really an abortion if a child is pregnant and her life is endangered or if there is an ectopic pregnancy or if there is an incomplete miscarriage, medically speaking, all pregnancies end either in live birth or an abortion. Miscarriage is not a medical term; on medical records, it is termed a spontaneous abortion. Health care providers are being put in the impossible situation to provide the best care to their patients or to be forced by lawyers to wait until their patients are clearly dying themselves before intervening to remove a doomed fetus. When the federal government reminded hospital emergency rooms that they are required to treat any endangered pregnant person to save their life, the state of Texas filed suit, saying that their state law against abortion should take precedence.

Some states are making moves not only against abortion but also against contraceptives, even though these are not abortifacient. They are trying to prevent people from crossing state lines to receive care. As I mentioned previously, while the US House of Representatives has passed legislation to codify abortion rights and to affirm the right to interstate travel, the Senate is not taking these up because of obstruction by Republicans. Chillingly, there is talk of the Republicans passing a national abortion ban if they regain the Congressional majority. Meanwhile, Republicans fail to pass legislation that would uphold the health and dignity of each person, such as universal health care, living wages, social welfare support, etc.

As a Catholic woman, I knew this was coming. Alito was parroting the arguments that Catholic bishops have made against abortion and Thomas went even further down that road in his calls against contraception. I have struggled for years against a church that denies my full personhood as a woman, despite their lip service to the concept of human dignity. I did not expect my country to follow suit.

Like most women my age, I didn’t think we would still be fighting these kinds of equality battles, but we will. I can’t predict the manner or timing of victory, but we will not be demoted to second class citizenship by a skewed Supreme Court.

finally, but…

Broome County, New York, where I live, finally managed to get into the low community risk category on the CDC’s COVID map late last week, after many months in the high category with a few weeks of medium thrown in.

This is long hoped for news, but it is likely only a very temporary lull.

We had been high for so long due to our lower level of up-to-date vaccination and the fact that an Omicron subvariant that became dominant originated in central New York.

Unfortunately, another Omicron subvariant BA.5, is making its way into our area. BA.5 is already the most dominant strain in the US and carries the dubious distinction of being more contagious than other forms of Omicron. It may also have a tendency to more often affect the lower part of the respiratory tract, although this is still being researched; Omicron in general has been more likely to remain in the upper respiratory tract. It also appear to more easily infect people who are up-to-date on vaccination and those who have already had Omicron, even if the prior infection was only a few weeks ago. It’s difficult, though, to tease out which effects in the population are from the variant itself and which are from decreasing immunity that occurs over time.

It is also unfortunate that repeat infections increase the post-infection risk of stroke, heart attack, and other serious illnesses and bring the risk of long COVID.

Even with BA.5, though, being vaccinated and boosted is helpful. It lowers rates of severe disease, hospitalization, and death. Pfizer and Moderna are each developing vaccines/boosters that are more effective against Omicron that will be available in the fall. Of course, masking, avoiding crowds, and other public health measures are also helpful if transmission is high in your area.

Remember: the pandemic is still with us. Another new variant is spreading in India and several other countries and could cause another global wave of infections if it can out-compete BA.5. Stay alert and do what you can to take care of yourself, your family, and your community.

I’ll be doing that here. Even though our current infection rate is low, it has begun to creep up. I’ll be watchful.

It’s different in Japan

When I wrote this post about gun violence in the US yesterday, I intended to move on to another topic, but news of the assassination of former Prime Minister Abe of Japan broke here this morning and I was struck by the stark contrast in the level of gun violence in the two countries.

Part of the terrible shock to the Japanese public is that shootings are incredibly rare there. Firearm possession in Japan is highly regulated. Apparently, the gunman had built his own weapon, evading the strict process in place.

Last year in Japan, there were only ten shootings, eight of which were connected to the yakuza, an organized crime network. There was one death and four injuries from gun violence.

That’s 10 shootings in a country of 125 million people.

In a year.

The United States has 332 million people. I can’t even find the statistic for the number of shootings, but the statistics from Gun Violence Archive record 45,034 deaths and 40,585 injuries from guns in 2021.

Yes, America. Guns are the problem.

The US and guns – update

In late May, when I wrote this post, I knew there would need to be an update in the continuing saga of gun violence in the United States. A lot has happened since then, so here goes.

In the wake of the national furor over the Buffalo and Uvalde shootings, a bipartisan group of senators managed to hammer out a bill that could pass. It is much weaker than the bill that had originally passed in the House but does have some important provisions. It increases funding for mental health services, which is much needed. The impact on mass shootings is unclear but the majority of gun fatalities in the United States are suicides, so there is hope that these funds will avert some share of these deaths. There are incentives for states to implement red flag laws, which prevent firearm sales and/or remove guns from homes where someone is deemed threatening to themselves or others. The laws preventing those convicted of domestic violence from obtaining guns were strengthened. There will be enhanced background checks for those ages 18-20. Penalties for those who purchase guns for someone who is not eligible to own one have been increased. Funding for security in schools will increase.

Unfortunately, stronger prevention measures were not included, most of which have broad public support. Among these are strengthened and universal background checks, banning military-style assault weapons and large ammunition clips, and raising the age to buy semiautomatic weapons to 21. It’s unlikely that Republicans will agree to any further national legislation in the immediate future, so it is up to states to do what they can to protect people, although it is easy for anyone intent on getting a weapon to do so by visiting a state with looser regulations.

Ironically, just as this legislation was passed, the Supreme Court handed down an opinion that struck down the process to carry a concealed weapon in my home state, New York. This law, which had been on the books for over a century, was somehow not deemed to be part of our history and tradition by the conservatives on the Court, while ignoring the clear text of the Second Amendment that places gun rights in the context of “a well-regulated militia.”

Governor Hochul called the state legislature, which usually is in session only in the winter and spring, back from recess to pass new laws that would seem to be acceptable to the Court which had objected to a gun owner proving that they needed to carry a concealed weapon for protection. The new laws include mandatory standardized training and tests to obtain a concealed carry permit, a blanket prohibition on carrying firearms on private property and businesses unless they expressly give permission, and a list of “sensitive places” where concealed weapons are not permitted, including public transportation, medical facilities, schools and day care facilities, libraries, government buildings, houses of worship, public demonstrations, entertainment venues, and establishments that serve alcohol.

There are also provisions that strengthen New York’s already relatively strict gun laws, including background checks for all ammunition purchases, enhancements of the safe storage requirements including in vehicles, and extending the sales ban on body armor to include hard body armor which was used by the shooter in Buffalo.

These new laws will take effect on September first. They may be challenged in court but the legislature and governor tried to design them in such a way that they will be upheld. At least, we will have greater protections while the cases wind their way through the courts.

Meanwhile, of course, gun violence continues unabated. The Fourth of July weekend was especially brutal, with over 500 shootings, at least 11 of which were categorized as mass shootings (four or more injured or killed, not counting the shooter), resulting in over 220 deaths and nearly 570 injuries. The information source for this reporting is the Gun Violence Archive, an organization that collects and compiles data on shootings in the US. That our country has need of such an organization is sobering in and of itself. As I write this on July 7, 2022, they have verified 22,733 gun deaths so far this year, of which 12,408 were suicides.

The most prominent of the mass shootings this weekend was at a Fourth of July parade in Highland Park, Illinois, just outside of Chicago. A 21-year-old man, shooting with a military-style weapon from a rooftop overlooking the parade route, killed seven with several dozen wounded. He was later arrested and has confessed to the crime. Our news reports are filled with the tragic losses of family members, including the parents of a 2-year-old who was found beneath his father’s body.

This father died protecting his only child from a young man who should not have had a weapon of war. All of us need the protection of law to keep these weapons out of civilian hands. Congress, do your job and pass more laws so that our rates of gun violence are more in line with those of other advanced democracies. Other countries have similar rates of mental illness, violent video games, and social problems, but have nowhere near our rates of gun violence. Republicans, it’s time to wake up and admit the truth that the heart of the problem is too-easy access to guns, especially military-style weapons. And remember that your beloved Second Amendment is about a “well-regulated militia” – now akin to the National Guard – not your mentally unstable 18-year-old neighbor who has fallen into some dark conspiracy-laden corner of the internet and thinks he should kill some folks to show he has power over them.

Congressional Republicans, you have the power to join with your Democratic and Independent colleagues to protect us. If you need help mustering courage, look to the example of that dad in Highland Park. Your possibly sacrificing a few votes in your next election or some campaign contributions is nothing compared to his sacrificing his life and his chance to see his child grow into adulthood.

this Fourth of July

It’s the fourth of July, commemorated here in the United States as Independence Day. It’s supposed to be a “happy” day, but it’s hard to feel happy with our country mired in divisiveness and the undermining of our fundamental rights and democratic institutions.

I know I have been relatively silent here at Top of JC’s Mind lately. Part of it is a renewed wave of grief over Paco as we have entered the one year anniversary of his fall and final decline and the fact that I had deferred a large portion of my grief over Nana while dealing with his needs.

The larger share of my delays in posting, though, is that the posts I need to write about the Supreme Court decisions and the January 6 Select Committee hearings are difficult to write.

The Preamble to our Constitution proclaims that “We the People” are striving toward “a more perfect Union.” This Fourth of July is one of grief, watching my country lurch further away from that ideal rather than making halting, if messy, progress toward it.

hearings

We arrived home from the UK just in time for the first primetime hearing of the findings of the House Select Committee to Investigate the January 6th Attack on the United States Capitol. Since that hearing held on June 9th, there have been three more during the daytime with several more on the schedule.

Because I follow the news closely, I had thought that the hearings might not be very revelatory for me but I have found them to be very powerful. Part of the impact is that the testimony is all under oath. While some of the information had been revealed by investigative reporting or published in books by various participants, one was never quite sure of the veracity of claims. Knowing that witnesses are sworn to tell the truth makes it more likely that they are, given that committing perjury before Congress or a court can result in imprisonment. The vast majority of the 1000+ people who have been interviewed in the investigation came forward voluntarily without being compelled by subpoena, so they intended to tell what they had seen and heard for the good of the country. The committee also has access to hundreds of thousands of pieces of evidence, enabling it to stitch together a detailed timeline of the web of activities that led to the January 6th attack as well as what happened on that day and in the aftermath.

In the daytime hearings, a different member of the Committee has taken the lead in questioning, sometimes paired with a member of the staff. The staff includes experienced lawyers and investigators who have done the lion’s share of the work with witnesses and evidence.

At this point, the Committee is providing a preliminary review of its findings; a written report will be issued later in the year. They are doing a very comprehensive job of laying out evidence in an organized and cogent way. It probably helps that many of the committee members are themselves lawyers with courtroom experience. Their questioning of live witnesses is very straightforward so that each witness can tell their story without the distraction of political grandstanding. Most of the witnesses, whether appearing live or in recorded clips, are Republican officeholders, officials, or staff, so that it is clear that the Committee is not just interviewing critics of the Trump administration or engaging in hearsay. The Committee is putting forth actual evidence that you would expect to find in a court of law.

Chair Bennie Thompson, a Democrat from Mississippi, presides and does opening and closing statements at each hearing; Vice-chair Liz Cheney, a Republican from Wyoming, also does opening and closing statements each time. She has been particularly vocal in calling out Trump and the Republicans who assisted him in the lies about the 2020 election that led to the Capitol attack.

The testimony has revealed some previously undisclosed details. For example, in the hearing that centered on threats to then Vice-president Mike Pence, we learned that attackers got within forty feet of him as he was being evacuated, that he refused to leave the Capitol grounds, and that he was acting as commander-in-chief in calling in the National Guard as Trump refused to act.

It’s sobering and terrifying to see through this evidence how close our country came to an actual collapse of our democracy. If Pence and Republican members of Congress had delayed certification in violation of the Constitution, there would likely have been widespread violence in all regions of the country; Trump would have declared martial law and it would have been very difficult to recover our democracy. It’s also chilling to see the continuing impacts on our electoral process. A number of states have enacted provisions that make it easier to disenfranchise voters or ignore their legally cast ballots. Supporters of the lies about the 2020 election are winning elected office in some states, enabling them to interfere with government from within.

It’s very tense to be in the middle of all this, gaining all this knowledge but not knowing if/when there will be consequences for those who engaged in wrongdoing. We know the Justice Department is investigating but we don’t know if they will charge Trump, members of his administration and staff, and members of Congress with crimes pertaining to attempts to stage a coup. The Committee will make recommendations for legal reforms to the Electoral Count Act and other measures to try to avert another attempt to interfere with the certification of the election. These should be widely endorsed and enacted with large majorities of both parties but it remains to be seen if they will.

It scares me that so many current Republicans still cling to lies about the 2020 election and refuse to take responsibility for their activities that supported it. Even after the attack, eight senators and 139 representatives voted against acceptance of some of Biden’s electors, even though there was no factual basis to do so. Rep. Barry Loudermilk, a Georgia Republican who led a group on a long tour of the House office buildings the day before the attack though the entire Capitol complex was closed to visitors due to the pandemic, is denying he did anything wrong, even with evidence that a member of the tour group was part of the January 6 mob. There are dozens of members of Congress who should resign over their shameful disregard for their oath to uphold the Constitution but there is not even the possibility of Republican votes in favor of censure, much less removal from Congress.

I’m trying to remain hopeful that these hearings will break through the denial bubble that surrounds many Republican voters. After being the only major broadcast/news outlet to not air the initial primetime hearing, Fox News has begun to provide some coverage. I think that the powers that be at Fox News knew that the hearings would be important because during the primetime hearing, they did not take their usual commercials breaks so that their viewers wouldn’t be tempted to check in on the hearings. It’s also important to remember that Fox News, despite its name, is not really a news channel. While there are actual journalists who work for Fox News, they only have a few hours of airtime per week. The vast majority of their programming is classified as “entertainment” with pundits/personalities who are not constrained by any standards of truthfulness or propriety. The breath-taking amount of fear-mongering that Fox News and other right-wing outlets echoes and engenders the civic divide that Trump and the Republicans created and which threatens our democracy.

If Republicans watch the hearings, they will hear a number of familiar people and themes. Retired Judge J. Michael Luttig, one of the most revered conservative jurists, was featured in one hearing, speaking about the current dangers to our democracy. A number of the witnesses have spoken about the role of their faith in their actions. Arizona House Speaker Rusty Bowers was particularly eloquent in this regard.

I have been moved by the real-world consequences for those who protected the integrity of the election and of the Capitol. Speaker Bowers’ account of the threats against him and his family, including harassment at his home as he and his wife attended to their terminally ill daughter. US Capitol Police Officer Caroline Edwards’ testimony on being injured on January 6th and still trying to aid her fellow officers in what amounted to hand-to-hand combat, not the policing work for which they had been trained. The appalling loss of any sense of safety or security for election workers Shaye Moss and her mother Ruby Freeman, including even the ability to use their own names in public for fear of being attacked after being repeatedly vilified by Trump, Giuliani, and their followers.

I will continue to watch the hearings and the analysis and urge all the people of the United States to do the same. I hope that they will mark a turning point for the electorate so that we can root out all those who have failed in their oaths to uphold the Constitution before it is too late.

The hearings are showing us how close we came to disaster and how little time we have to strengthen our democratic institutions against attack.

mass shootings and Broome County and beyond

On May 14, 2022, a shooter from Broome County in the Southern Tier of New York State where I live killed ten and injured three in a Tops Supermarket in a predominantly Black neighborhood in Buffalo, a city about three and a half hours away.

This horrible crime evoked immediate grief and rage. In such circumstances, commentators in the media react quickly, which can result in oversimplification of a complex situation. I heard commentators say that mental health problems are just an excuse used when the shooter is white. That his parents must be monsters. That his town must be filled with racists.

I understand the passion and fury of their reaction but they had not had time to look into the realities on the ground here in Broome County. The shooter did have mental health issues. He had been evaluated at a hospital after making disturbing comments about murder/suicide in an online high school class last year, not long before he graduated. He managed to convince people that he had been joking but we now know that he was not. I don’t know if he was referred for any counseling but mental health services in our area, especially for youth, are not easy to access. Wait lists can be long as there aren’t enough providers to meet the needs of residents, especially with the increased mental strain brought about by the pandemic. New York State does have a red flag law which would have removed weapons from his home but it was not triggered because he wasn’t reported as a threat.

The shooter went to great lengths to hide his activities from his parents. He hid his newly acquired assault weapon in his room. Because ammunition clips of more than ten rounds are banned in New York State, he modified the Bushmaster himself. He told his parents he was going hiking when he was making a reconnaissance trip to Buffalo.

The students at the high school in Conklin mobilized to send messages of support to the victims in Buffalo and to raise money for their needs. While it’s true that less than 1% of residents in town are Black, the students wanted to show that their school is not racist. The “white replacement theory” that the shooter espoused was not something he learned there or in town but from mass media and the internet. This is not to say that there aren’t racists in Conklin, as I’m sure there are, but to show that many people there are anti-racist and working to show that in the wake of the shooting.

That mental illness is part of the story in mass shootings is not confined by race. The mentally ill shooter in the April 12, 2022 New York City subway shooting is a Black man. While the Broome County shooter in Buffalo is white, the shooter from the other Broome County mass shooting was not. On April 3, 2009, a Vietnamese-American man killed thirteen people and wounded four before killing himself inside the American Civic Association in Binghamton. He was known to be mentally ill; his father had begged the state not to allow his son a handgun license. This was before red flag laws in New York, which were not enacted until after the Newtown shooting.

The ACA shooting, though it was among the ten deadliest mass shootings in the US at the time, did not enter the national consciousness like other mass shootings. While there was a brief descent by national media, there was no presidential visit or long-standing news coverage of the aftermath of the families and community, except in limited local sources. I wrote this post on the fifth anniversary, positing that, because most of the victims were immigrants from various countries, the American public failed to relate to the victims as people like themselves. Because it was dismissed from public discourse so quickly, Broome County largely did “move on” from the shooting. As a young child at the time, the eventual shooter from Conklin may not even have heard about the ACA shooting, despite it happening in a bordering city to his town.

I had been mulling all this, preparing to write this post, when the shooting at Robb Elementary School in Uvalde, Texas happened. Nineteen children and two teachers were killed by an 18-year-old gunman, who also injured others, including his grandmother before he went to the school. He was later shot and killed by police.

The United States suffers mass shootings like this on a regular basis. Political leaders offer thoughts and prayers. Democrats typically call for legislation to reduce gun violence and Republicans typically say it isn’t the right time or that nothing should be done to restrict access to guns or that a proposed legal change would not have helped the situation. The Republicans even say that we need more guns in the hands of law-abiding citizens so that they can stop the bad guys with guns, despite the fact that even trained security officers have trouble stopping a gunman with an assault weapon and body armor. So nothing gets done and the cycle repeats.

Will the juxtaposition of these two horrific shootings, each by an 18-year-old wearing body armor and armed with a military-style assault weapon, change any national policies in order to reduce future mass shootings?

I’m trying to have hope but it’s difficult to maintain.

I believe that national level laws are needed. New York has enacted a number of laws that have reduced gun violence and mass shootings, including red flag laws and limiting the size of gun magazines. Sadly, the shooter in Buffalo evaded those. If the size of magazines was limited throughout the US, though, he would not have been able to modify his gun to shoot more than ten rounds, which would have afforded a better opportunity to stop him when he had to pause to reload.

Besides national red flag laws and limiting the size of magazines, other measures for consideration could be universal background checks for all gun sales, requiring safety courses and licensing to own a gun, increasing the age to buy a gun to 21, and banning the sale of military-style weapons. From 1994-2004, the United States did have a ban on these weapons. The number of mass shootings fell in those years and skyrocketed after the ban expired.

The main reason that opponents of gun safety measures give is the Second Amendment to our Constitution. This is due to a misinterpretation; regulation of arms is permitted as has been shown in the courts many times. In his retirement, Supreme Court Chief Justice Warren Burger wrote, “The very language of the Second Amendment refutes any argument that it was intended to guarantee every citizen an unfettered right to any kind of weapon he or she desires.” Still, most Congressional Republicans and many Republican governors maintain that gun ownership is an absolute right, which keeps them from taking action to reign in gun deaths and injuries.

While mass shootings generate the most public outrage, the sad fact is that the majority of gun deaths occur in smaller incidents. The greatest number of gun deaths are self-inflicted. This fact again shows the intersection of mental health and gun violence. In a country with more guns than people, easy accessibility to guns makes suicide attempts more likely to be lethal.

One of the excuses politicians use is that reform X would not have prevented this specific incident. This misses the point. We need to enact a broad swath of reforms which will still not prevent every death but will prevent many of them.

The sickening thing is that the long delay has enabled more and more deaths and injuries to occur. It was discouraging to look back on my posts on this topic, for example, here and here and here. In 2016, I even had a guest viewpoint printed in our local newspaper. I make the same arguments that many others have made in the media and in the political arena.

And here we are again, in national mourning, waiting for action to address the carnage, this time with the spectacle of the National Rifle Association, the most powerful anti-reform group, holding its convention in Texas just days after the shooting in Uvalde.

Will we finally see national action this time, however slight? Will the Buffalo and Uvalde shootings, added to Newtown, Charleston, Las Vegas, El Paso, etc., etc., and, yes, even Binghamton, finally tip the scales in favor of action by the Republican officeholders who have been preventing protective laws? Or perhaps the belated recognition that they are continually losing constituents to violent crime, domestic violence, shooting accidents, and suicide? Maybe they will begin to suffer the cognitive dissonance of laws that withhold alcohol and tobacco sales until age 21, while allowing 18-year-olds to vote, serve in the military, and buy guns – and that charge even young teens as adults for violent crimes.

Congress is currently in recess. When you come back to Washington, please, do something, however incremental, to make a difference. A first step will lead to others so that the United States can make progress toward the rates that nearly every other Western country has regarding gun violence. We elected you to lead us to “domestic tranquility.”

Our current state of sorrow and rage is its opposite.

a fraught and complicated topic

Anyone in the US can probably guess from the title that this post is about abortion, which is all over the news right now, due to the publication of a first draft of an opinion by Justice Samuel Alito which would overturn the Supreme Court rulings in Roe v. Wade and Planned Parenthood v. Casey, ending the right to obtain a pre-viability abortion throughout the US after 49 years. If the final ruling follows this draft, each state would be free to adopt its own laws regarding abortion. While some states have already codified abortion laws in line with the Roe framework, other states have laws that would greatly restrict or totally ban abortion if Roe is struck down.

It’s been a political earthquake. It’s also being cast as yet another liberal versus conservative, blue versus red, pro-choice versus pro-life issue, but it is much more complicated than that.

Years ago, I started to draft a post called “shades of gray in a black-and-white world” that would have dealt with abortion as an example. I don’t tend to be an either/or person; everything to me is a complex web of concerns with many different aspects and perspectives to take into account. (You can blame my INFJ-ness or just Joanne being Joanne.) I’ll try to make myself as clear as I can in this post but my greater goal is to explore the varied factors that come into play.

At its root, I don’t think any branch of government should be dictating what a person who is pregnant does before the baby can survive on its own. I think that is a private medical and moral decision that belongs to the mother, her partner if they are available in a supportive way, her medical practitioner, and any advisors who can help.

I am Catholic and know that the Church currently teaches that life begins at conception but I think that is a problematic definition. Most fertilized eggs don’t implant in the uterus and it seems foolish to define all those as miscarriages. It’s tragic when an embryo implants elsewhere; if you have defined life as beginning at conception and prohibit all abortion, then an ectopic pregnancy couldn’t be treated until the embryo has died, by which point there will probably be life-threatening internal bleeding in the mother’s abdomen. Defining fertilized eggs as persons also gets problematic with frozen embryos used for assisted fertility treatment. I would certainly not be considered alive if I were placed in liquid nitrogen! (The Catholic Church opposes most fertility treatments, including in vitro fertilization, but it is germane because, of course, frozen embryos exist.) Other faiths believe personhood begins at different junctures, with many Muslims believing in ensoulment at 120 days after conception and many Jews marking birth as the beginning of full personhood. Because there is no consensus on when life begins among people, the government is overstepping its bounds to impose one.

The vast majority, about 92%, of abortions in the US are performed within the first 13 weeks gestation, or 15 weeks of pregnancy because weeks of pregnancy are, for some stupid reason, still counted from the date of the late menstrual period meaning you are considered two weeks pregnant at the time of conception. One of the very confusing things with laws in various states is referring to abortion bans at six weeks or fifteen weeks. It’s often referring to weeks of pregnancy, so we need to bear in mind that the gestational age is two weeks younger. 44% of abortion in 2019 were medical, using pills to cause a miscarriage early in the pregnancy, rather than surgical. Medical abortion can be used up to the tenth week of gestation.

Only 4% occur after 16 weeks gestation. These are most often done because of grave medical problems with either the mother or fetus. Sometimes, second trimester abortions are performed because of barriers of distance and/or cost to reach a provider. Rural women and people with low income/wealth often have this barrier, as do people without medical insurance or who have Medicaid because federal funds cannot be used for abortions.

The largest factor in choosing to have an abortion appears to be economic. 49% of people seeking abortion are living below the poverty level, with an additional 26% up to twice the poverty level. 60% already have at least one child. Unlike most modern democracies, the United States is not very supportive of families and children. I wonder how many would choose to raise the child rather than have an abortion if the US offered free or low-cost medical care, paid parental leave, guarantees of a living wage and/or subsidies for food, housing, day care/preschool, etc. that people in much of Europe have available to them.

Even the favorite alternative of those who oppose abortion, carrying the child to term and placing it for adoption, is expensive. If the mother is struggling financially and has other children to care for, she is literally faced with a choice between impending medical bills for delivering the new baby and feeding, clothing, and housing her present family. Abortion may be her most practical route to keeping her family afloat.

This brings me to one of the most troubling aspects of prohibiting abortion – forced childbearing. Carrying a child against one’s will is, to my mind, a form of involuntary servitude. I know from my own experiences with pregnancy that bearing a child is work which is physically, emotionally, and spiritually taxing. With my first pregnancy, which was planned and hoped for, I still experienced a lot of emotional upheaval, especially in the first trimester. I can only imagine what it would have been like if I had been without a partner, uninsured, living in poverty, unhealthy, in an abusive relationship, or a victim of sexual violence. Yet, some of the state laws restricting abortion carry no exceptions for rape and incest. Forcing a woman to bear a child that results from sexual violence or coercion magnifies the trauma. It’s especially dangerous if a tween or teen is involved.

Despite some progress, mothers in the United States bear a disproportionate amount of the labor and consequences of raising children. This is especially true if they are single parents. The poverty rate for single mothers is high. Often, the father doesn’t contribute substantially to the household finances. Many women who are unexpectedly pregnant face the loss of schooling, employment, and family support. It’s not just whether or not to have a baby or an abortion; it’s looking at 18+ years of raising a child without adequate support from the father, family, and community. While the stigma of single parenthood has lessened somewhat in my lifetime, it is still there, especially within certain religious communities. There is also still significant employment discrimination against women, in particular during pregnancy. Rolling back reproductive rights will likely worsen this.

While the leaked draft tries to say that the overturning of Roe v. Wade does not have legal implications beyond abortion, it’s unlikely that other private matters won’t be affected. The most obvious is access to contraception. It wasn’t until 1965 that the Supreme Court ruled that married couples must be allowed access to contraceptives and 1972 that any person could access them. I feel the right to use contraceptives is under particular threat because of the way the Catholic Church teaches about them and the fact that six of the current justices are Catholic, with an additional one who was raised Catholic. Only one of those seven is not in the conservative camp.

As a Catholic woman, I have been told that taking birth control pills is like having an abortion every month, ditto for morning after pills and IUDs. The fact that this is total garbage from a medical standpoint is apparently irrelevant to the Church. The Church also opposes surgical sterilization for males and females and privileges the life of the unborn over the mother. I, like millions of other Catholics, reject this teaching and follow my own conscience on these matters personally. I am fortunate that I never had to face a personal decision on abortion during my child-bearing years, but I do know that if I had had an ectopic pregnancy, I would not have hesitated to have surgery to save my life. I also probably would have had an abortion if we discovered that I was carrying a child who had problems that were “incompatible with life” as it is euphemistically termed. I don’t think I could have chosen to put myself and my child through the pain and trauma of birth, knowing that they would die soon after.

Other people might make other choices but that is the whole point. Each individual chooses what is right for them, within the realm of medical science and individual conscience. The government is not the entity doing the choosing.

Besides birth control, there are other issues that are considered privacy issues. Many people are concerned about the impact on marriage. The 2015 Obergefell case that established marriage equality throughout the US could be in danger. Some worry that even the 1967 Loving case that prohibited states from racial discrimination in granting marriage licenses could be at risk. Another ruling that could be in jeopardy is 2003 Lawrence v. Texas, which struck down the remaining state laws that prohibited same-sex relations.

By chance, I had had an opportunity to discuss a possible overturn of Roe v. Wade not too long before the leaked opinion draft. I sometimes do online surveys and had been invited by one of these polling organizations to participate in an online focus group about abortion. I admit that I was a bit leery of it beforehand, but it was very interesting. Most of the group thought that Roe v. Wade was likely to be overturned soon, while I and a few others thought it would be a longer process. I had thought that the present case would uphold Mississippi’s 15-week ban, changing the timeframe of Roe without going so far as to say it was wrongly decided. I suppose this is still possible if Alito’s draft opinion didn’t draw the support of four other justices, though I feel that is unlikely at this point. In the focus group, we did view some short promotional videos that a client organization might use in the event of tightened abortion restrictions. I expect to see some of them debut after the Court formally announces its decision in June or early July.

There are already lots of marches and demonstrations going on and I expect more. There might be repercussions for the midterm elections in November but with the level of gerrymandering and voter suppression in the country already, it’s difficult to predict the outcome.

I also don’t know what reforms are possible. One of the reasons this ruling is possible is that the Republicans have interfered with the seating of federal judges and justices. Two of the justices likely voting in favor of this overturning of Roe were appointed by Donald Trump but those seats would have been made by Democratic presidents if the Senate confirmation process had not been co-opted by Senator Mitch McConnell. A few weeks before the 2020 election, I wrote a post about one possible approach to addressing this. And all of this is complicated by the structure of the US government that gives disproportionate power to less populous states through the Senate and the electoral college.

Thank you to any of you who have made it this far in a longer-than-usual post. I do not know what the coming weeks will bring with this latest addition to political tensions in the US. It’s hard to keep my fears in check.

Please, stay safe.

sadly, again

Yesterday was Holocaust Remembrance Day, a yearly reminder of massive cruelty and death and an attempt at genocide against the Jewish people during World War II.

It is common to say “never again” but we have continued to see civil wars and government/military actions against civilians and particular groups across the world over these intervening decades, a list so long I will not attempt to compile it here.

Presently, most of the world is watching in horror as Putin’s invasion of Ukraine continues. Because of modern technology and press and residents on the ground, we see the bodies of civilians left in the streets, the cities bombed into rubble, the mass graves. We hear the first-hand accounts of survivors of what they have witnessed and endured, including rape, kidnapping, and torture.

So far, the condemnation of the the vast majority of countries in the United Nations General Assembly, wide-ranging sanctions against Russia, and supplying military and humanitarian aid to Ukraine have not stopped Putin’s aggression and escalation of atrocities. Over and over, Russia has said they will allow ceasefires and humanitarian corridors for evacuation of civilians and for aid to those who are staying but they have never followed through.

In recent days, United Nations Secretary-General António Guterres met in person with Russian Federation President Vladimir Putin. Putin has agreed “in principle” to UN and International Red Cross involvement in humanitarian aid and evacuation of civilians from the besieged city of Mariupol. Talks are ongoing but there is at least hope that there will be some relief for civilians soon.

Meanwhile, Russia is continuing its saber-rattling, signaling that it wants to sweep from eastern Ukraine across the entire south along the Black Sea and into the neighboring country of Moldova. It is also threatening the countries who are aiding Ukraine and sanctioning Russia with retaliation and possible use of weapons of mass destruction. There is already massive evidence that Russia has violated many international laws and even committed war crimes, but, so far, the international community has not been able to stop the war, death, and destruction.

One tool that the UN has is action by the Security Council but Russia is a permanent member with veto power and has blocked all efforts at this. This week, there has been a resolution adopted by the General Assembly which will require any of the five permanent member states who exercises a Security Council veto to appear within ten days before the General Assembly so that all member states can scrutinize and comment on the veto. While they can’t override the veto, it’s at least a public and official action.

Here is a three-paragraph quote from the United Nations story linked above:

“Noting that all Member States had given the Council the primary responsibility for the maintenance of international peace and security, and agreed that it acts on their behalf, he [Liechtenstein’s Ambassador, Christian Wenaweser] underscored that the veto power comes with the responsibility to work to achieve ‘the purposes and principles of the UN Charter at all times‘.

“ ‘We are, therefore, of the view that the membership as a whole should be given a voice when the Security Council is unable to act, in accordance with this Assembly’s functions and powers reflected in the Charter,’ particularly Article 10, he said.

“Article 10 spells out that the Assembly may discuss any questions or matters within the scope of the Charter or the powers and functions of any organs provided for within it, and, except as provided in Article 12, ‘may make recommendations to the Members of the United Nations or to the Security Council or to both on any such questions or matters.’ ”

Meanwhile, we are all watching and hearing about the immense suffering and death every day and trying to be supportive but realizing that we don’t have the power to end this war with a just peace. Part of the tension is not knowing what the next day or week or month will bring.

I was not alive during World War II but wonder if the feelings of apprehension and helplessness are similar to what people felt then. The difference now is that we have much greater access to accurate information in near-real time than was available then. We don’t have to wait for the liberation of concentration camps to see the full extent of the horrors as we did with the Holocaust. We can see the bodies of executed civilians in the streets; the bombed hospitals, schools, and apartment buildings; the mass graves. We can hear the stories of women who were raped by soldiers, civilians injured by Russian bullets or bombs, people who are trying to survive without food or water in besieged cities.

It’s not “never again.” It’s now. In Ukraine. In Afghanistan. In Ethiopia. In South Sudan. In Syria. In Yemen. In too many places to list them all.

Perhaps “never again” at this point is a call to never again turn away from those who are suffering, to never again say it is someone else’s problem, to never again stay silent in the face of injustice and destruction.

A call to refuse to surrender to hopelessness that there will ever be an end to war and violence. A call to make that hope into reality.