Archive for the ‘Progressives’ Category

The End of Progressive Intellectual Life – Tablet Magazine

I have never liked the term public intellectual, but like its 19th-century predecessor, publicist, it describes a social type that plays a useful role in liberal democracies in which at least some government decision-making is influenced by open debate rather than secret discussions behind closed doors. To influence voters, public intellectuals write for a general educated public (not necessarily the less-educated majority) in ordinary language, not jargon. Like the policymakers whom they also seek to influence, they are necessarily generalists. In the service of what the Brazilian American public intellectual Roberto Unger calls a strategic program, public intellectuals ponder connections among different policy realmseconomic, foreign, and culturalif only to ensure that one policy does not contradict another. Public intellectuals tend to annoy their own side by probing its internal weaknesses, while trying to convert members of the other team rather than simply denounce them.

The centralized and authoritarian control of American progressivism by major foundations and the nonprofits that they fund, and the large media institutions, universities, corporations, and banks that disseminate the progressive party line, has made it impossible for there to be public intellectuals on the American center left. This is not to say that progressives are not intelligent and/or well-educated. It is merely to say that being a progressive public intellectual is no longer an option, in an era in which progressivism is anti-intellectual.

If you are an intelligent and thoughtful young American, you cannot be a progressive public intellectual today, any more than you can be a cavalry officer or a silent movie star. Thats because, in the third decade of the 21st century, intellectual life on the American center left is dead. Debate has been replaced by compulsory assent and ideas have been replaced by slogans that can be recited but not questioned: Black Lives Matter, Green Transition, Trans Women Are Women, 1619, Defund the Police. The space to the left-of-center that was once filled with magazines and organizations devoted to what Diana Trilling called the life of significant contention is now filled by the ritualized gobbledygook of foundation-funded, single-issue nonprofits like a pond choked by weeds. Having crowded out dissent and debate, the nonprofit industrial complexProgressivism Inc.taints the Democratic Party by association with its bizarre obsessions and contributes to Democratic electoral defeats, like the one that appears to be imminent this fall.

Consider center-left journals of opinion. In the 1990s, The New Yorker, The Nation, Dissent, The New Republic, The Atlantic, and Washington Monthly all represented distinctive flavors of the center left, from the technocratic neoliberalism of Washington Monthly to the New Left countercultural ethos of The Nation and the snobbish gentry liberalism of The New Yorker. Today, they are bare Xeroxes of each other, promoting and rewriting the output of single-issue environmental, identitarian, and gender radical nonprofits, which all tend to be funded by the same set of progressive foundations and individual donors.

You cannot be a progressive public intellectual today, any more than you can be a cavalry officer or a silent movie star.

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It is not surprising that the written output of this billionaire-funded bureaucratic apparatus tends to read like an NGO word salad with crunchy croutons in the form of acronyms that stud post-intellectual progressive discourse: DEI, CRT, AAPI, BIPOC, LGBTQ+. Wokespeak is Grantspeak.

Meanwhile, in one area of public policy or politics after another, Progressivism Inc. has shut down debate on the center left through its interlocking networks of program officers, nonprofit functionaries, and editors and writers, all of whom can move with more or less ease between these roles during their careers as bureaucratic functionaries whose salaries are ultimately paid by Americas richest families and individuals. The result is a spectacularly well-funded NGO-sphere whose intellectual depth and breadth are contracting all the time.

In the 1990s, you could be a progressive in good standing and argue against race-based affirmative action, in favor of race-neutral, universal social programs that would help African Americans disproportionately but not exclusively. Around 2000, however, multiple progressive outlets at the same time announced that the debate about affirmative action is over. Today race-neutral economic reform, of the kind championed by the democratic socialist and Black civil rights leader Bayard Rustin and the Marxist Adolph Reed, is stigmatized on the center left as colorblind racism, and progressives in the name of equity are required to support blatant and arguably illegal racial discrimination against non-Hispanic white Americans and white-adjacent Asian-Americans, for fear of being purged as heretics.

Immigration policy provides an even more striking example of the power of Progressivism Inc. to stifle debate on the center left. Up until around 2000, libertarians and employer-class Republicans wanted to weaken laws against illegal immigration and expand low-wage legal immigration, against the opposition of organized labor and many African Americans, who for generations have tended to view immigrants of all races as competitors. The Hesburgh Commission on immigration reform, appointed by President Jimmy Carter, and the Jordan Commission, appointed by President Bill Clinton and led by Texas Rep. Barbara Jordan, the pioneering civil rights leader who was left-liberal, Black, and lesbian, both proposed cracking down on illegal immigrationby requiring a national ID card, punishing employers of illegal immigrants, and cutting back on low-skilled, low-wage legal immigrants. As late as 2006, then-Sens. Barack Obama and Hillary Clinton both voted for 200 miles of border fencing in the Southwest.

Then, virtually overnight, the progressive movement flipped and adopted the former talking points of the Chamber of Commerce cheap-labor lobby. While Democratic politicians deny that they oppose enforcing immigration laws, center-left journals and journalists keep pushing the idea of open borders, in alliance with crackpot free market fundamentalists. On April 12, 2022, David Dayen in the American Prospect wrote that declining immigration rates since the pandemic have contributed to labor shortages in key industries and harmed Americans who rely on those services. Dayen linked to an article in the libertarian Wall Street Journal bemoaning rising wages as a result of lower immigration. On Feb. 20 of this year, The New Yorker published a long essay by Zoey Poll, The Case for Open Borders, a fawning profile of the libertarian ideologue Bryan Caplan, author of Open Borders: The Science and Ethics of Immigration, which, appropriately, takes the form of a graphic novelthat is to say, a comic book.

Back in 2015, Ezra Klein, then editor of the progressive outlet Vox, asked Sen. Bernie Sanders about the idea of sharply raising the level of immigration we permit, even up to a level of open borders. Sanders replied in alarm: Open borders? No, thats a Koch brothers proposal. The lobby FWD.us, funded by Facebook and other large tech corporations that prefer hiring indentured servants (H-1Bs) bound to their employers instead of free American citizen-workers and legal immigrants, denounced Sanders for holding the totally-debunked notion that immigrants coming to the U.S. are taking jobs and hurting Americans. Vox then published an article by Dylan Matthews titled Bernie Sanderss fear of immigrant labor is uglyand wrong-headed. If I could add one amendment to the Constitution, Matthews declared, it would be the one Wall Street Journal editorial page editor Robert Bartley once proposed: There shall be open borders. In 2018, the progressive author Angela Nagle was canceled by Progressivism Inc. when she published an essay in American Affairs, The Left Case Against Open Borders. By 2020, when Matthew Yglesias, a co-founder of Vox, published One Billion Americans, the purging of dissidents and the fusion of the Progressivism Inc. party line on immigration with the anti-union, cheap-labor policies favored by The Wall Street Journal and Silicon Valley was complete.

The energy debate provides another example of the closing of the progressive mind. As recently as the early 2000s, some environmentalists favored reducing atmosphere-heating carbon emissions by expanding nuclear power, replacing coal with lower-carbon natural gas, or both. By 2010 these positions had been thoroughly anathematized by Progressivism Inc. Not only all fossil fuels but all nuclear energywhich provides 20% of utility electric generation in the United States, roughly the same as all renewable energy sources put togethermust be completely eliminated from the energy mix, according to the green commissars. Insofar as only around 11% of global primary energy, and only around a quarter of global electricity, comes from renewable energy (chiefly hydropower, which has limited potential for expansion), the green fatwah against nuclear energy seems self-defeatingas well as certain to shovel American money to China, which holds near-monopolies on the rare earth metals and production facilities used to make things like solar panels and lithium batteries. China also happens to be a major source of the fortunes of some of the billionaires who fund progressive media and NGOs.

At this point in history, the foundations and advocacy nonprofits of Progressivism Inc. do not even bother to go through the charade of public debate and discussion before imposing a new party line. Half a century of debate, discussion, and activism gradually led to a majority consensus among American voters in favor of negative liberty for gay men and lesbian women, whose right to be free as individuals from discrimination in employment, housing, and military service need not require other Americans to change either their actions or their views.

In striking contrast, in a few years the ideology of gender fluidity went from being an obscure strain of thinking on the academic left to becoming the centerpiece of a radical program of social engineering from above carried out simultaneously by progressive, corporate, and academic bureaucracies. During President Obamas second term, the federal government reinterpreted Title IX, a civil rights law passed as part of the Education Amendments of 1972, and suddenly threatened federal lawsuits and the cut-off of federal funding for public schools that did not allow boys and girls to use the bathrooms of the opposite (biological) sex, and demanded that boys and young men with gender dysphoria be allowed to join girls sports teams and use female locker rooms and showers. States that resisted this bizarre misreading of Title IX, which eliminated legal distinctions grounded in biological sex that the statute was written to protect, found themselves boycotted by multinational corporations and sports leagues. Corporate employees and university personnel who questioned the new party line now did so at risk of being fired or punished. All of this happened just between 2012 and 2016, with no public debate or discussion within the progressive camp, and no attempts to persuade conservatives, libertarians, liberals, or even pre-2012 progressivesonly a sudden diktat from above, accompanied by contemptuous threats of punishment. In 2012, progressives were allowed to agree with Barack Obama and Hillary Clinton at the time that, while lesbian women and gay men should have access to civil unions, marriage should be between a biological man and a biological woman. By 2020, you were a hateful reactionary conservative bigot if you did not agree that some men can be pregnant and some women have penises.

Who decides what is and is not permissible for American progressives to think or discuss or support? The answer is the Ford Foundation, the Open Society Foundation, the Omidyar Network, and other donor foundations, an increasing number of which are funded by fortunes rooted in Silicon Valley. It is this donor elite, bound together by a set of common class prejudices and economic interests, on which most progressive media, think tanks, and advocacy groups depend for funding.

Read more by Michael Lind

The center-left donor network uses its financial clout, exercised through its swarms of NGO bureaucrats, to impose common orthodoxy and common messaging on their grantees. The methods by which they enforce this discipline can be described as chain-ganging and shoe-horning.

Chain-ganging (a term I have borrowed from international relations theory) in this context means implicitly or explicitly banning any grantee from publicly criticizing the positions of any other grantee. At a conference sponsored by the Ford Foundation that I attended more than a decade ago, an African American community activist complained to me privately: Immigration is hurting the people in the neighborhoods we work in. The employers prefer illegal immigrants to young Black workers. But if we say anything about it, Ford will cut off our money.

Shoe-horning is what I call the progressive donor practice of requiring all grantees to assert their fealty to environmentalist orthodoxy and support for race and gender quotas, even if those topics have nothing to do with the subject of the grant. It is not necessary for the donors to make this explicit; their grantees understand without being told, like the favor-seeking knights of Henry II: Will no one rid me of this turbulent priest? In the last few years, even the most technocratic center-left policy programsadvocating slightly higher earned income tax credits or whateverhave often rewritten their mission statements to refer to climate justice and diversity and routinely sprinkle grantspeak like the racial reckoning and the climate emergency throughout their policy briefs in the hope of pleasing program officers at big progressive foundations.

Thanks to the buy-out of the American center left by Progressivism Inc., there is literally nothing for a progressive public intellectual to do. To be sure, there are plenty of other kinds of mental work that you can perform as a member of the rising generation of young progressives even in the absence of a functioning public intellectual sphere. You can keep your head down and doubts to yourself, as you work on the technocratic policy that appeals to you the most: raising the minimum wage or free school lunches, perhaps. Or you can write endless variants of the same screed denouncing Republicans and conservatives as rabid white nationalists threatening to create a fascist dictatorship right here in America. Or you can join mobs on Twitter and social media to take part in Two-Minute Hate campaigns against individuals or groups singled out for denunciation that day by Progressivism Inc. Or you can try to obtain fame and bestseller status and wealth and tenure by getting the attention of the MacArthur Prize committee and editors at The Atlantic by auditioning for the role of designated spokesperson for this or that protected class or minority identity groupnonbinary Middle East or North African MENA), for example, not low-income Scots Irish Appalachian heterosexual Pentecostalist.

You can even be a professor. High-profile American progressive academics like Paul Krugman and Jill Lepore and Adam Tooze who moonlight as public affairs commentators are not public intellectuals, because they have the pre-approved left-liberal opinions on all topics that are shared by nine-tenths of the U.S. academic bureaucracy, from the richest Ivy League superstars to the lowliest adjunct at a commuter college. Back in the early 1990s, when as a young neoconservative Democrat I worked for The National Interest, our publisher, Irving Kristol, exploded in comic exasperation one day: People are calling professors intellectuals! Professors arent intellectuals. Intellectuals argue with each other in cafes and write for little magazines. Professors are boring people who take out their dusty 20-year-old notes and give the same lecture over and over again.

Unlike academics who recite the approved current center-left positions on all issues, genuine intellectuals, even if they happen to be employed by universities, are unpredictable. Often they are unpopular, because they criticize their own allies and appreciate what other schools of thought get right. They do not indulge in contrarianism for its own sake but tend to be controversial, because they put loyalty to what they consider to be truth above party or faction. Needless to say, such intellectual mavericks tend to perform quite poorly when it comes to the boot-licking, rote repetition of political slogans, acronym-juggling, groupthink, and donor servicing that constitute the forms of intellectual activity favored by big foundations and NGOs, whether of the right or of the left.

Young progressives who prefer a life of significant contention to a career of lucrative grant-mongering may take some solace from the fact that we have lived through this kind of foundation-driven, extinction-level event in our nations intellectual life before. In Why Intellectual Conservatism Died, published in Dissent back in 1995, I wrote that instead of boldly attacking falsehoods wherever they are found, conservative editors tend to print only what they believe will confirm the prejudices of the program officers. The addiction to foundation dollars has reinforced the disastrous no enemies to the right policy. The last thing the foundations want is for one set of grantees to criticize the policy views or intellectual standards of other grantees.

Sound familiar? In hindsight, the end of the Cold War under Ronald Reagan and George Herbert Walker Bush witnessed a golden age of discussion and controversy on the American right, as neoconservatives debated paleoconservatives and religious-right thinkers, and national security hawks debated isolationists and foreign policy realists. Around 1992 that window suddenly closed, as right-wing foundations like Bradley and Olin made it clear that the only nonprofit organizations and journals that would receive funding would be those that espoused a new version of fusionismuniting neoconservative fantasies of American world domination in foreign policy, libertarian fantasies about privatizing Social Security, and religious-right wishful thinking about a Christian or Judeo-Christian revival.

Thanks to blacklisting and censorship, foundation-imposed groupthink triumphed on the right, consolidating Conservatism Inc. and driving away those of us who sought to put the life of the mind above the life of the party. A decade later, President George W. Bush attempted to implement fusionist conservatism with a rigor that Reagan never attempted. In foreign policy, the Bush administration used 9/11 as an excuse to invade Iraq and attempted to realize the conservative fantasy of an American global empire, plunging the Middle East into chaos and bringing Iraq War critics Barack Obama and Donald Trump to power. In domestic policy, Bush tried to partly privatize Social Security, creating a voter backlash. The 2004 Bush-Rove campaign against gay marriage, calculated to bribe working-class evangelicals into voting for the party of tax cuts for the rich, backfired and led to majority acceptance of gay men and lesbians and the defection of many younger Protestant evangelicals.

On todays center left, as on the bygone center right, the groupthink imposed by behind-the-scenes donors and their favored nonprofits and media allies is resulting in electoral disasterthis time, for Democrats. The progressive foundations, billionaires, and woke corporations backed a California initiative to legalize anti-white and anti-Asian discrimination; it lost, in part because so many Black and Hispanic Americans support the ideal of a colorblind American society. Democrats underperformed dramatically in 2020, even after COVID killed the economy and terrified most Americans, because the slogans of foundation-backed nonprofitslike Defund the Police and comparisons of the U.S. border patrol to the Gestapoalienated many Democratic voters as well as swing voters. Black Democrats have favored candidates like Joe Biden and New York City Mayor Eric Adams who oppose anti-police radicalism. And a major reason for the political shift of Hispanic voters in Texas border counties is their opposition to the Democratic Partys toleration of mass illegal immigration, summed up in the fatuous slogan No human being is illegal.

Conservatism Inc., including flagship journals like the National Review and flagship think tanks like the Heritage Foundation, remains a museum of mummies. Today, Progressivism Inc. is equally brain-dead. What survives of intellectual politics in the United States today consists of a growing number of exiles from establishment wokeness on Substack and an assortment of dissident leftists, conservatives, and populists, some of whom have come together in new publications like American Affairs, Compact, and The Bellows, and in quirkier couture shops like Tablet.

Having watched from up close over the past four decades as cliques of foundation program officers, individual billionaires, and their nonprofit retainers lobotomized first the American right and then the American left, I hope that I may live to see the American center left free itself from top-down orthodoxy and welcome dissension, discussion, and debate once again. But I doubt I will live that long.

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The End of Progressive Intellectual Life - Tablet Magazine

Top political reporters in Alaska join progressive news organization that’s a front for left-wing propaganda – Must Read Alaska

Two reporters who cover Alaska legislative news are leaving their news organizations to start a news bureau for an ideologically driven, progressive news organization backed by some of the biggest names in dark money in politics, the Arabella Advisors and the Hopewell Fund.

The journalists, Andrew Kitchenman of KTOO and James Brooks of the Anchorage Daily News, are launching a States Newsroom bureau.

States Newsroom was started by journalist-activists in North Carolina for whom the mainstream media is not progressive enough. Using money from groups such as the Hopewell Fund, which is a spinoff of the Arabella Advisors, States Newsroom is one of many avenues that progressives have for controlling the information and news narrative. States Newsroom also has funding from a donor-advised fund whose backers are secret, through Fidelity Charitable, where donors receive tax deductions for these and other political activities.

Influence Watch, a website that discerns the motives for various power brokers, describes States Newsroom thus: States Newsroom (formerly the Newsroom Network) consists of a number of left-of-center media outlets that cover state-level politics and policy and a Washington, D.C. bureau that claims to focus on congressional delegations and key Supreme Court decisions that specifically affect the states.

Before 2019, the Newsroom Network was a fiscally sponsored project of theHopewell Fund, a left-of-center 501(c)(3) funding and fiscal sponsorship nonprofit managed by the Washington, D.C.-based consultancy firmArabella Advisors, which manages multiple high-dollar left-leaning philanthropic organizations.In 2019, States Newsroom re-branded and received independent nonprofit status. A past job posting by States Newsroom referred to the organization as a progressive political journalism startup.

The States Newsroom organization created a number of its own websites that it activated during the 2020 national election cycle, which critics say were intended to shape public opinion against President Trump. Those sites include:

Capital Research Center reported that Hopewells larger sister group,New Venture Fund operates from the same office as Hopewell and funds many of the same projects. That fund has received at least $3.9 million in grants from George SorosFoundation to Promote Open Society.

The New Venture Fund, which is Soros-backed, is one of the top Arabella Advisors nonprofits. So is the Sixteen Thirty Fund. That fund poured $150,000 into support for progressive candidates in Alaska in the 2020 election cycle, and another $35,000 to get Forrest Dunbar elected mayor of Anchorage.

According to the research by CRC, that is how Arabella operates. It shuffles large sums of money among these subsidiary nonprofits, which grant the funds out to further the cause. Hopewells largest grant in 2019 was $17.4 million, the year that States Newsroom was incubated as its own 501(c)(3).

Hopewell itself is funded by numerous left-wing mega-donors, including the Tides Foundation, dark money Proteus Fund, and Susan Thompson Buffett Foundationall major donors to the Lefts top political causes. The idea that a product of this partisan, ideologically driven dark money network is an unbiased and trustworthy news source is ridiculous, CRC reported.

Arabella specializes in taking huge donations from ultra-wealthy liberal donors like George Soros and the Ford Foundation to create pop-up groups like States Newsroomwebsites meant to fool consumers into believing they are standalone organizations, CRC reported. In fact, the groups that pay for the reporting coming out of States Newsroom are hardcore progressive engines.

States Newsroom doesnt disclose its funding, because they are laundered through the various donor-advised funds and charities. Their news product is available free for all to use, with attribution, which means this reporting from the new Alaska bureau will add to the already hyper-liberal news ecosystem in Alaska.

Journalism is a powerful force for social change, uniquely suited to challenging systemic inequality and racism. Our goal is to build an organization that fulfills that mission, the organization states on its website.

Must Read Alaskas mission is to keep the mainstream media on it toes.

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Top political reporters in Alaska join progressive news organization that's a front for left-wing propaganda - Must Read Alaska

Factbox: Who are the contenders for the Fed’s top regulation job? – Reuters

WASHINGTON, April 13 (Reuters) - With Sarah Bloom Raskin last month dropping out of the running for the Federal Reserve's top regulatory role, President Joe Biden's administration is hunting again for a new candidate.

Raskin failed to garner enough support from moderate Democrats to be confirmed. Most notably, West Virginia Senator Joe Manchin said he would not back her, citing worries she would discourage banks from lending to oil and gas companies. read more

The Fed Vice Chair for Supervision role is one of the most powerful banking regulators in government, and the next official is likely to take on a sweeping portfolio including climate finance risk, fintechs, and fair lending.

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Here are the candidates likely to be in the mix, according to analysts and Washington insiders.

MICHAEL BARR, FORMER TREASURY OFFICIAL

Michael Barr, currently a professor at the University of Michigan Law School, was a central figure at the Treasury under President Barack Obama when Congress passed the 2010 Dodd-Frank financial reform law.

As assistant secretary for financial institutions, Barr helped shape the Wall Street overhaul and now is a leading candidate to be nominated for the Fed role, according to two sources familiar with the matter.

Barr had previously been in the mix for another bank regulatory post, heading up the Office of the Comptroller of the Currency. But opposition from some progressives, who cited his work with some fintech firms after leaving government, helped sink his consideration.

Barr did not respond to a request for comment.

RAPHAEL BOSTIC, ATLANTA FED PRESIDENT

With his appointment as president of the Atlanta Fed in 2017, Bostic became the first Black person to hold a regional Fed president role. He has been outspoken on racial diversity and economic inequality issues, both of which are key policy priorities for the Biden administration.

An economist by training, Bostic previously held roles at the U.S. central bank in Washington, where he won praise for his work on community lending rules, and at the U.S. Department of Housing and Urban Development.

However, Bostic represents a bit of an unknown regarding financial regulation, analysts said. Even so, some banks were keen on Bostic for the role when his name was first floated last year, according to two industry executives.

A spokesperson for Bostic did not immediately provide comment.

NELLIE LIANG, TREASURY UNDERSECRETARY

Liang, a former Fed official who is now Treasury's undersecretary for domestic finance, was instrumental in building the regulatory framework after the 2007-2009 recession and financial crisis. She spent decades at the Fed as a staffer, ultimately becoming the first director of the central bank's Division of Financial Stability.

She left the Fed in 2017 to join the Brookings Institution think tank, where she criticized Republican efforts to trim capital and liquidity requirements for large banks, among other changes.

Liang was nominated for a seat on the Fed's Board of Governors during the Trump administration, but she withdrew in 2019 after Republicans blocked her nomination over worries she would be too tough on Wall Street.

However, some progressives are unhappy that Liang has not taken a tougher stance on cryptocurrencies, "so it is unclear whether she would be in any future conversation about this role," Isaac Boltansky, policy director for brokerage BTIG, wrote in a note on Monday.

A spokesperson for Liang did not immediately respond to a request for comment.

MICHAEL HSU, ACTING COMPTROLLER OF THE CURRENCY

Currently acting comptroller of the currency, Hsu previously led big bank supervision at the Fed. In his current role, he has pushed Democratic priorities, including climate change risk and has warned banks against "over-confidence" coming out of the COVID-19 pandemic.

While he would be a good fit for Fed supervision, Washington insiders said, it's unclear if his stance on climate financial risk would be palatable to Manchin, a moderate who represents coal-producing West Virginia in the Senate.

A spokeswoman for Hsu did not immediately respond to a request to comment.

FORMER TREASURY UNDERSECRETARY MARY MILLER

A new name floated on Monday was Mary Miller, who was at the Treasury from 2010 to 2014. She recently served as the interim senior vice president for finance and administration at Johns Hopkins University.

During her stint at the Treasury, Miller was responsible for Treasury debt management, fiscal operations, and the recovery from the financial crisis. She played a central role in implementing the 2010 Dodd-Frank financial reform law, helping agencies write complex regulations like the "Volcker Rule" and standing up the new Financial Stability Oversight Council.

Miller could not immediately be reached for comment.

RICHARD CORDRAY, FORMER HEAD OF THE CONSUMER FINANCIAL PROTECTION BUREAU (CFPB)

A former Ohio attorney general, Cordray served as the first director of the CFPB.

Under his leadership the agency took an aggressive stance in going after abusive mortgage and payday lenders, earning praise from progressives and criticism from Republicans who said he was overstepping the agency's statutory remit.

After leaving the agency, Cordray ran unsuccessfully for Ohio governor. He currently runs the Education Department's federal student aid programs. Cordray was in the running for the supervision post late last year, Reuters reported.

Cordray did not respond to a request for comment.

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Reporting by Pete Schroeder

Our Standards: The Thomson Reuters Trust Principles.

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Factbox: Who are the contenders for the Fed's top regulation job? - Reuters

What Common Good? – The American Prospect

This article appears in the April 2022 issue of The American Prospect magazine. Subscribe here.

Common Good Constitutionalism

By Adrian Vermeule

Polity

Just as the Supreme Court is poised to achieve many of the stated aims of the conservative legal movement, including overturning Roe v. Wade and striking down affirmative action, leading conservative thinkers are hotly debating alternative approaches to interpreting the Constitution. Originalismthe notion that the words of the Constitution should be read according to some version of their original historical meaninghas been the standard-bearer for decades, promoted initially as a strategy to undermine national economic regulation and limit the protection of civil rights.

But a conservative competitor to originalism has recently emerged in common good constitutionalism. For its leading proponent, Adrian Vermeule, a Harvard law professor, the point of constitutional interpretation isnt to discern what the Founders thought or what some legal text meant to ordinary readers when it was enacted. Instead, the aim is to promote the common good. Vermeule claims that within the classical legal traditionwhich extended from the Roman Empire through early modern Europepolitical officials, including judges, understood that the purpose of the state is to secure the goods of peace, justice, and abundance, which he translates now into health, safety, and economic security. But in Vermeules telling, American conservatives have lost sight of that tradition and its influence on our own legal system. They have been blinded by originalism, which has become a stultifying obstacle to promoting a robust, substantively conservative approach.

In criticizing originalism, Vermeule borrows rather liberally from what he calls progressive constitutionalismthe view that the Constitution should be read with its purposes and principles in mind. He argues that progressives get some important things right about the nature of legal interpretation. Indeed, throughout his book, Vermeule relies heavily on Ronald Dworkin, the most influential American legal philosopher of the 20th century and a liberal critic of originalism. Dworkin argued that our legal system comprises much more than the Constitution, statutory texts, administrative regulations, and executive orders. All those different types of laws are created against the backdrop of often unwritten legal principles, which are drawn from our best understanding of political morality. When judges interpret the law, they are always trying to explain its meaning in a way that is justified by those principles.

Vermeule thinks that Dworkin was right about the importance of moral principles in understanding the law. He just thinks Dworkin had the wrong principles. Vermeule claims that progressive constitutionalism is motivated by a liberal political morality that misconceives the common good in favor of an ever-expanding conception of individual autonomy. His primary examples here involve gay rights. Vermeule heaps scorn on the Supreme Courts decisions in Obergefell v. Hodges, which constitutionalized a right to same-sex marriage, and Bostock v. Clayton County, which read federal law to protect against workplace discrimination on the basis of sexual orientation and gender identity. These opinions, in his view, reflect a liberal political theology that works tirelessly to dissolve the traditional moral foundations of political and legal institutions in the West.

For Vermeule, then, originalism is fatally flawed because it is cut off from political morality. Progressive constitutionalism doesnt make that particular mistake; its sin is to idolize individual autonomy at the expense of the communitys general welfare. Vermeule argues that the classical tradition solves both problems by connecting law to a political morality of the common good.

BUT WHAT, EXACTLY, is the common good? Despite declaring repeatedly that promoting the common good is a proper function of the political authority, Vermeule never adequately explains what it is. He tells us that it is not a matter of aggregating individual preferences or satisfying demands for individual autonomy. He does cite the ragion di stato (reason of the state) tradition, which describes justice, peace, and abundance as the legitimate ends of government, but that explains precious little. No one is opposed to those ends, abstractly stated, and Vermeule doesnt offer an interpretation of them. Instead, he claims to provide a framework rather than a blueprint for thinking about the common good. And yet, almost entirely without argument, he insists that these ends require some specific policy outcomes, including a constitutional right to life for unborn children, most likely a prohibition on gay marriage, bans on pornography and perhaps blasphemy, and restrictions on various forms of dangerous or false speech. We know what policies Vermeule likes and dislikes, but the moral basis for his viewsbeyond vague invocations of the common goodremains obscure.

That is because Vermeules substantive vision of the good is tied to a specific religious view that he nowhere mentions in this book. It is a striking and telling omission, about which Vermeule seems rather defensive. He says that nothing in his account turns on supernatural or ultimate ends, but its difficult to take this claim seriously. Reading Vermeules efforts to avoid stating his own conception of the good is like listening to the director of Hamlet offer justifications for failing to cast the prince.

Why leave out Hamlet? Because most readers are likely to reject Vermeules religious views as quixotic and reactionary. In recent years, Vermeule has written extensively in defense of Catholic integralism, a radical view that calls for the establishment of a religious and explicitly Catholic confessional state. He has spoken favorably of illiberal Christian regimes like those of Hungary and Poland. And he has been vague when asked about how an integralist state might treat religious minorities, saying only that nothing bad would happen to them. But that is far from reassuring. What might seem bad, or unreasonable, to religious minoritiesdenials of equal citizenship, coerced conversions, suppression of public expression of faiths deemed to be heretical or blasphemousmight be good within Catholic integralism. Incredibly, Vermeule says nothing in his book about religious liberty and its place, or lack thereof, in his account of the common good.

Trying to find common ground with common good constitutionalism is a form of political and intellectual appeasement.

None of this should be surprising. In prior work, Vermeule has been clear about his Christian strategy, which aims to capture existing political and legal institutions and to reintegrate [them] from within. And that is harder to do if people equate Vermeules theory of law with his anti-liberal religious views.

Readers should not be gullible about what common good constitutionalism represents. It is not merely a revival of an ecumenical classical legal tradition. Nor is Vermeules argument merely for a moral reading of the Constitutionan argument progressives have been making for some time. It is an argument that underwrites a dangerous shift in jurisprudence on the right, and one that serves Vermeules larger goal, which is the establishment of a state integrated withor, more accurately, subordinated toreligious ends.

THE EMERGENCE OF COMMON good constitutionalism raises two further questions: First, why is this happening now? When conservatives control the Supreme Court, why is Vermeule busily undercutting their most successful theory of interpretation? And, second, how should readersespecially liberals and progressivesrespond to a theory proposed by an author who has advised acting strategically to advance an esoteric theory of the good?

The answer to the timing questionand one Vermeule is explicit aboutis that originalism has outlived its utility. It was instrumental in casting doubt on liberal precedents, like Roe v. Wade, and in convincing the American public to support the appointment of conservative justices. But now that the Court is firmly in conservative hands, the justices dont need to talk the rhetoric of originalism or walk its supposedly restraining walk. They can remake the state in service of the common good, defined, ultimately, in terms of religious authoritarianism.

But there is another and more profound reason for Vermeules rejection of originalism. Modern originalism was born in the Reagan era, and it was used to fight against the administrative state. Social conservatives and libertarians worked together to fight the welfare state, limit the power of unions, curtail civil rights, eliminate environmental protections, and so on. With Trump, the conservative legal movement has achieved success at the Supreme Court. It now has an overwhelming 6-3 majority, which is already moving into a deregulatory posture, invalidating vaccine mandates, restricting the presidents immigration authority, and hinting at far-reaching limits on administrative agencies.

The originalist program of deregulation is, however, less appealing to a new intelligentsia on the right that calls itself postliberal and that includes Catholic integralists like Vermeule. What postliberals want is more government, not less. They want to use the administrative state to promote patriarchal family policy, protectionist labor and economic policies, morals/vice legislation (bans on porn, blasphemy, offensive speech), restrictions on LGBTQ rights, and public support for religious observance, including the reinstatement of blue lawsall explicitly modeled on the illiberal Christian democracies of Poland and Hungary. (Its no accident that Tucker Carlson has been broadcasting from Budapest. His brand of conservatism is a crude popularization of this postliberal intellectual vanguard.) And common good constitutionalismas developed by Vermeule, the postliberals legal theoristwill be the newest front in their assault on the conservative legal establishment built by Reagan-era originalists.

So how should liberals and progressives respond to all this? As postliberals war with originalists, some progressives may be attracted to Vermeules defense of a moral reading of the Constitution and to his arguments for deference to the administrative state. They might also view the conservative legal movements fragmentation over the legitimacy of big government as an opportunity. As conservatives fight, why not use postliberal arguments to protect against deregulation and the dismantling of the social welfare state?

Other liberals and progressives might decide to throw their lot in with libertarian originalists. Although libertarians are no friends of progressive economic policies, at least they dont favor a religious state and are less enamored of government impositions of morality. What liberals might get from a liberaltarian deal is a check on the ambitions of the far right, and what libertarians would get is the same. Both have a common enemy in authoritarian, populist, and theocratic government.

Which option should liberals and progressives choose? Neither is attractive. The first would be a highly speculative and unstable dalliance with religious anti-liberalism, with outcomes that are morally dubious and that risk legitimating extreme factions within the conservative legal movement. It would mean jettisoning most of the civil rights protections that progressives have spent generations defending. Trying to find common ground with common good constitutionalismin effect, the legal arm of Catholic integralismis a form of political and intellectual appeasement, pinning the hopes of the administrative state on compromising with authoritarians and praying that they dont succeed. If one had to choose, the option to side with old-fashioned, Reagan-era libertarians might be morally preferable, but it faces the very real danger of legitimating and thereby capitulating to the threat posed by the current Supreme Court.

The problem, of course, is that legal progressives are on the sidelines. The Supreme Court will be deeply conservative for the next generation. So, too, the intellectual apparatus that justifies and legitimates the work of that Court will partake of whatever theory of interpretation does its bidding. The more likely outcome is a politics that marries the worst of both originalism and common good constitutionalisman administrative state that is increasingly corporatist and authoritarian. That is the pattern we have seen play out in repressive and autocratic regimes around the world, including in the states that postliberals seem to admire most.

When it comes to progressive politics, the old saying is wrong. For liberals and progressives, the enemy of my enemy is not my friend. Instead of throwing in with postliberals or accepting an alliance with libertarians and originalists, liberals and progressives should abjure these false friendships and make their own case for a moral reading of the Constitution that points to a more open, humane, tolerant, and decent society.

VERMEULES BOOK HAS a striking cover that depicts three ancient gold coins. Each has some standard abbreviations from Roman imperial currency, including one marked with the phrase fides publica (public faith). If you look closer, the first coin shows a bespectacled man holding a glass vial; the second a concrete mixing truck; and the third has two hands cradling a plant or tree sapling. These are reassuring images, much like those adopted by Roman emperors as propaganda for their coinage. Perhaps Vermeules coins represent scientific expertise, industry, and environmental stewardshipall domains in which he counsels deference to the administrative state in its efforts to promote the common good. But if the front sides of those three coins stand for the temporal ambitions of secular empire, we cant help but wonder about what religious images are on the other side of them. Its those symbolsthe ones that integralists and postliberals dont want readers to seethat are crucial for understanding what the common good really means in their constitutionalism.

Original post:
What Common Good? - The American Prospect

The Incompetence of Woke-Washed Governance – Governing

Late last year, the Chicago Teachers Union tweeted that the push to reopen schools is rooted in sexism, racism and misogyny. While the union later deleted the head-turning tweet, that same month little-noticed data released by the Illinois State Board of Education showed just how much pandemic-induced school closures were harming childrens learning. Among high school juniors, SAT scores in math and reading had plummeted across the state, with low-income and minority students seeing the steepest learning losses. Chicagos third-graders saw their reading and math scores plunge. A vice president of the citys teacher union dismissed these dismal numbers as the result of a racist standardized test while praising students who took up jobs instead.

Theres a term for this in the corporate world: woke-washing. This is when a company tries to launder its reputation in the waters of a trendy cause or woke language, such as when REI, the outdoor outfitter, began a recent podcast opposing an employee union drive with the hosts preferred pronouns and acknowledgement that the podcast was originating from the traditional lands of the Coast Salish peoples.

The risk with woke-washing is not only that it exposes tensions in an institutions expressed beliefs but that it brushes past substantive debates over governance and policy decisions. Its a practice thats hardly confined to the corporate world; it's undermining good governance across the public sector, and nowhere more than in local government.

Local activists are hardly helping the matter. Critics of new housing in Minneapolis are demanding racial and social equity analyses in order to slow development or stop it altogether. Nationwide, social justice advocates and their allies in office are now loudly skeptical of greening cities with new parks and greenspace in case adding amenities and improving services might gentrify poor neighborhoods. With such an argument, why even bother paving streets if doing so risks raising property values?

One reason why woke-washed incompetence persists is that local elected officials are too responsive to the results of low-turnout, off-cycle elections overstuffed with activists and public union members, whose interests may deviate from that of the median urban voter (and sometimes even from the groups they purport to represent). The nationalization of politics also means that local candidates can run and win on national culture-war issues they have little control over while having to promise even less in the way of actual local outcomes. And since Democrats are really the only game in town when it comes to most local politics, they havent had much competition from the right, which means any meaningful fights over school boards and more are essentially intra-left battles.

San Franciscos ultra-woke school board was not progressive, noted speaker after speaker at a victory party of mostly Asian American activists in the school board recall, and they have a point. Early-20th-century-style Progressives, with a capital P, campaigned against corrupt machines on a platform of good governance and scientific management. Its this same appeal to competent, outcome-based politics and horror at the results of woke-washed incompetence that is driving some longtime leftists to push back and even run for office themselves. Lets not forget that some of the most successful hard-left progressives in American history were Milwaukees Sewer Socialists, who between 1910 and 1960 more or less dominated local politics by delivering good government and better services, not to mention building treatment plants for the citys sewage.

Residents are getting fed up, particularly when the gap between high-minded words and poor results becomes too stark to ignore. Last year, Austins Proposition B banning homeless encampments passed over the opposition of city officials by a 15-point margin, winning support in every neighborhood as well as from a sizable chunk of Democrats. In San Francisco, a new poll on the recall of District Attorney Chesa Boudin finds an incredible 68 percent of voters favoring ejecting the citys progressive D.A. And the three-decade advantage in polls of Democrats over Republicans on who Americans trust to invest in public education and schools has now been wiped out.

Its time to put an end to woke-washing poor governance. Lets push for better governance and a more active electorate through voting reforms, such as on-cycle local elections, to enhance representation and accountability. More importantly, lets have a debate about the actual policies were meant to debate: Rather than, say, rejecting speed cameras until we address the root causes of speeding, why dont we just debate the effectiveness of speed cameras? Competence is the key, and we should be willing to hold leaders in city hall to account.

As New Yorks legendary mayor, Fiorello La Guardia, supposedly put it, theres no Republican or Democratic way to pick up the garbage. Cities must be safer, cleaner and offer a better future to the next generation. Do the basics, in other words, because woke-washing isnt going to produce those outcomes.

Original post:
The Incompetence of Woke-Washed Governance - Governing