Popularity is optional as Republicans find ways to impose minority rule

Some of Trump’s party’s signature policies enjoy only meagre public support but rightwing judges and state legislators are proving adept at finding workarounds

David Smith in Washington
@smithinamerica

Sat 15 Apr 2023 03.30 EDT

https://www.theguardian.com/us-news/2023/apr/...un-control

“We called for you all to ban assault weapons, and you respond with an assault on democracy.” These were the words of Justin Jones, a Black Democrat, to Tennessee Republicans after he and a colleague, Justin Pearson, were expelled for leading a gun protest on the state house of representatives floor.

A week later, Jones and Pearson were reinstated amid applause, whoops and cheers at the state capitol in Nashville. But few believe that the assault on democracy is at an end. What happened in Tennessee is seen as indicative of a Donald Trump-led Republican party ready to push its extremist agenda by any means necessary.

Opinion poll after opinion poll shows that Republicans are increasingly out of touch with mainstream sentiment on hot button issues such as abortion rights and gun safety. Accordingly, the party has suffered disappointment in elections in 2018, 2020 and 2022. Yet instead of rethinking its positions, critics say, it is turning to rightwing judges and state legislators to enforce minority rule.

Larry Jacobs, director of the Center for the Study of Politics and Governance at the University of Minnesota, said: “The ballot box didn’t work – the voice of the people said, we’re not going to tolerate these kind of threats by Republicans. But Republicans are using other tools and shredding the fabric of American democracy. It’s a kind of minority authoritarianism.”

Despite extraordinary pressures, democracy has proved resilient in recent years. It survived an insurrection at the US Capitol on 6 January 2021. Joe Biden was sworn in as the duly elected president and declared in his inaugural address: “Democracy has prevailed.” And election deniers were routed in last year’s midterms.

But while Democrats control the White House and Senate, Republicans have proved expert at finding workarounds, using cogs in the machine that have typically received less attention from activists, journalists and voters. One of them is the judiciary.

The supreme court, which includes three justices appointed during Trump’s single term, last year overturned the Roe v Wade ruling that had enshrined the right to abortion for nearly half a century, despite opinion polls showing a majority wanted to protect it.

Lower courts have also flexed their muscles. Matthew Kacsmaryk, a judge nominated by Trump in Amarillo, Texas, has ruled against the Joe Biden administration on issues including immigration and LGBTQ+ protections. Earlier this month he blocked the Food and Drug Administration’s (FDA) approval of the abortion pill mifepristone, the most common abortion method in America.

A legal battle ensued with the justice department pledging to take its appeal all the way to the supreme court. The political backlash was also swift.

Mini Timmaraju, the president of Naral Pro-Choice America, said: “One extremist judge appointed by a twice impeached, now-indicted former president, Donald Trump, was attempting to effectively ban medication abortion nationwide. The decision is a prime example of minority rule at its worst. These extremists will not stop until they control our reproductive health decisions.”

Polling by Ipsos shows that two-thirds of Americans believe medication abortion should remain legal, including 84% of Democrats, 67% of independents and 49% of Republicans. Timmaraju added: “It’s obvious that anti-choice extremists and lawmakers are out of step with Americans. It’s really worth remembering how far out of step they are.”

If judges fall short of the Republican wishlist, state governors have shown willingness to intervene. In Texas, Greg Abbott has said he will pardon an Uber driver convicted of murder in the July 2020 shooting of a man at a Black Lives Matter protest in downtown Austin, the state capital.

The case hinged on whether the shooting was in self-defence. A jury found that Perry, who is white, shot and killed Garrett Foster, a 28-year-old white man, who was carrying an AK-47, according to the Austin American-Statesman newspaper. Abbott tweeted that he will pardon Daniel Perry, 37, an army sergeant, as soon as a request from the parole board “hits my desk”.

Earlier this year Abbott also led a state takeover of Houston’s public school district, the eighth biggest in the country with nearly 200,000 students, infuriating Democrats who condemned the move as politically motivated.

In Florida another Republican governor, Ron DeSantis, has centralised power as he assails gun safety and voting rights, the teaching of gender and race in schools and major corporations such as Disney. On Thursday he signed a bill to ban most abortions after six weeks of pregnancy.

In this he is backed by a supermajority in the Florida state legislature. State governments, which receive less and less scrutiny as local newspapers go extinct, are another key weapon in the Republican arsenal. In deep red states they have imposed near or total bans on abortion, loosened gun restrictions, curbed LGBTQ+ and voting rights and endorsed Trump’s false claims of election fraud.

Race

Minority rule is, more than anything, about race. Whereas white Christians made up 54% of the population when Barack Obama was first running for president in 2008, they now make up only 44%.

Activists point to Republican-dominated state governments pushing legislation that would allow them to control Black-led cities and push hardline policies on crime. Examples include expanding the jurisdiction of state police in Jackson, Mississippi, and removing local control of the St Louis police department in Missouri. Republicans in the US Congress itself overturned police reform in Washington DC.

Makia Green, a lead strategist for the Movement for Black Lives, said: “A lot of it is not only taking away the people we sent to speak for us – to make sure that our voices are heard and that we are part of the process – but also to overwhelm Black voters, to instill apathy in Black voters so that it feels like, ‘I went out, I voted, I did what I had to do, and they took the power away from me, so why should I show up next year?’”

Green, co-founder of Harriet’s Wildest Dreams, a Black community organisation in the Washington area, added: “Our democracy has holes in it, especially with the record number of attacks on voting rights and civic education. Republican and rightwing extremists have been making it harder and harder for our people to vote and so people are questioning, do I still live in a democracy?”

Then there was Tennessee where, on 6 April, Republicans sparked national outrage by kicking out Jones and Pearson, two young Black Democrats, as punishment for breaking rules of decorum a week earlier by leading a protest inside the house chamber. The demonstration was prompted by a March school shooting in Nashville in which three children, three adults and the attacker were killed.

Just as on abortion, Republicans are demonstrably at odds with public opinion on gun safety. A poll last year by the University of Chicago Harris School of Public Policy and the Associated Press-NORC Center for Public Affairs Research shows 71% of Americans say gun laws should be stricter, including about half of Republicans, the vast majority of Democrats and a majority of those in gun-owning households.

Meagan Hatcher-Mays, director of democracy policy at the progressive movement Indivisible, said: “It’s never the situation that the GOP moderates their position on something. It’s always a reflexive pivot to attacking and undermining democracy and that’s exactly what they did in this situation.”

But Hatcher-Mays added: “If there’s any silver lining to the way that the GOP behaves it’s that they can’t hide forever from the bad and unpopular things that they do.”

Republicans have long been struggling against demographic headwinds and political trends. They have lost the national popular vote in seven of the last eight presidential elections. They suffered another reminder of abortion’s potency when a Democratic-backed Milwaukee judge won a recent Wisconsin supreme court race with the fate of the state’s abortion ban on the line.

Republicans remain competitive in the US Senate – the body that approves nominated judges – because small, predominantly white states get two seats each, carrying as much weight as vast, racially diverse ones. In 2018 David Leonhardt of the New York Times calculated that the Senate gives the average Black American only 75% as much representation as the average white American, and the average Hispanic American only 55% as much.

Kurt Bardella, a Democratic strategist, noted that the government was founded with checks and balances to ensure that minority viewpoints could be heard. “But it was not the intent of the framers and founders to have those minority views imposed on the majority and certainly not to have those in the minority attack the rule of law to try to unravel majority rule, which is what’s happening right now. It doesn’t get more anti-democratic than expelling members from a legislative body for expressing themselves in a constitutionally protected way.

“Republicans are inflicting injury and harm on democracy. It’s a continuation of what they started to do with the big lie [that the 2020 election was stolen] … which paved the way for an insurrectionist attempt. We’re seeing other extreme iterations of that play out in individual states. When you have a minority of people exercising power over the majority, that’s authoritarianism.”