Pluralistic: Blue states should play "constitutional hardball" (18 Oct 2024)

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Originally published at: Pluralistic: Blue states should play “constitutional hardball” (18 Oct 2024) – Pluralistic: Daily links from Cory Doctorow



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Blue states should play "constitutional hardball" (permalink)

Nothing's more frustrating that watching the GOP smash norms and decency to advance policies that harm millions of Americas, unless it's that, plus Democratic officials stamping their feet and saying, "C'mon guys, play fair."

The GOP's game is called "constitutional hardball." Think: Mitch McConnell refusing to hold confirmation hearings on Obama's federal judiciary appointments, not never for Merrick Garland's Supreme Court seat – then filling the Federal judiciary with the least-qualified, most FedSoc-addled lunatics in US history, all for lifetime appointments.

As bad as this is at the federal level, it's even worse at in the states, especially the Republican "trifecta" states where the GOP holds the governorship and the state house and senate, where shameless gerrymandering and legislative attacks on hard-won ballot measures are the order of the day. GOP-held state governments engage in rampant interstate aggression, targeting out-of-state abortion providers, publishers, and journalists.

This is a one-sided Cold Civil War, because state Dems, for the most part, are unwilling to play hardball in return (the closest they come is when, say, California sets strict emissions controls and manufacturers adopt them nationwide, rather than making special cars for the giant California market). Republicans engage in constitutional hardball and Dems refuse to fight back, a phenomenon called "asymmetrical constitutional hardball":

https://columbialawreview.org/content/asymmetric-constitutional-hardball/

Writing for The American Prospect, Arkadi Gerney and Sarah Knight make the case for symmetrical constitutional hardball:

https://prospect.org/politics/2024-10-18-playing-hardball/

The pair argue first, that the best way to get Republican state houses to play fair is to credibly threaten them with retaliatory action. They cite the recent attempt at a last-minute change the way that Nebraska's Electoral College votes are apportioned, which would have given all of five the state's EC votes to Trump. Maine threatened to effect the same change to its Electoral College system, which would have given all four of its EC votes to Harris. Nebraska surrendered.

But there's also a second advantage to playing Constitutional Hardball: it makes blue states better. For example, Minnesota gives free college tuition to exceptional low/middle-income students. Neighboring North Dakota got tired of losing all its smartest kids Minnesota schools and created its own subsidy. As Gerney and Knight point out, Minnesota (and other blue states) still have a huge advantage when it comes to attracting top talent, because attending university in a state with legal abortion is vastly preferable (and safer) than doing a degree in a forced-birth state.

Red states are bent on making life horrible for some really great people. The hardworking, talented Haitian migrants caught in the Springfield pogroms that Trump incited would be a fine addition to any blue state town – anyone who's got the gumption to haul ass out of a failed state and make their all the way to Springfield is gonna be a fantastic neighbor, citizen and worker, just like my refugee grandparents and father, who endured a million times more hardship than their neighbors ever did, getting to Toronto, finding jobs, and starting their family.

Influxes of young, hardworking immigrants are especially good for rural towns with dwindling populations. No wonder rural towns with above-average net migration swung for Biden in 2020.

All over America, families are despairing of their lives in red states. Whether you're worried that you or someone you love might need to terminate a pregnancy, or you're worried about gender-affirming care for you or a loved one, you can put your worries to rest in a blue state. Same goes for nurses and doctors who are worried they can't do medicine unless it accords with the imaginary dictates of Bronze Age prophets as claimed by pencil-neck Hitler wannabe Bible-thumper with a private jet and a face from Walmart. Fill the blue states with great schools, libraries and hospitals, and invite everyone who wants to do their job in a free country to come and work at 'em. Line every state line with abortion and mifepristone clinics, and set up billboards advertising the quality of life, the jobs, and the freedom in blue state America.

Every blue state public pension fund should ban investments in fossil fuels, and invest like crazy in renewables, especially in Texas, to hasten the bankrupting of the petro-kleptocracy that controls the state. Blue states should tack surcharges on goods imported from "right to work" states where unions are effectively banned, to compensate for the additional product testing needed to ensure that scab products are safe to use (ahem, Boeing).

Create joint occupational licensure rules across blue states: if you're certified as a teacher, nurse, hairdresser or auto-mechanic in New York, you should be able to carry that certification with you to Minnesota, California, or Maine. Create multi-state funding pools to build public housing. Offer med-school scholarships to the smartest red state kids, at universities where they'll learn evidence-based obstetrics rather than the Lysenokist nonsense taught at the Roy Moore College of Pediatrics and Obstetrics.

Dems have to get over their fear of "states' rights" and start playing state-level hardball. This doesn't mean escalating cruelty. Quite the contrary: every cruel measure enacted as red state red meat is a chance for blue states to extend a kindness, and capture even more of the best, brightest and kindest of the nation, creating a race to the top that Republicans can only win by abandoning their performative cruelty and corruption.

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Agree overall, but can “Blue states … tack surcharges on goods imported from 'right to work”'states"? States slapping tariffs on each other’s goods in trade was one of the things that triggered the constitutional convention, and IIRC was one of the first things the Constitution ruled out.

It might be modeled on the “use tax” practice (that’s what they call it in California): if you buy online a product from a vendor in a state without sales tax, California requires a tax payment from the vendor equivalent to CA’s sales tax. Similarly (just spitballing here) states could figure out the average worker’s union dues as a percentage of product price, and add that as a surcharge to products from right-to-work states. It might not be much, though.

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Great post as always. TIL the word pogrom. It has long frustrated me that the dems take the high road. When Trump and the GOP are your opponents you have to get your hands dirty. I don’t mean going down to their level of rhetoric or lies, but you have to be willing to use every tactic they are, even if you have to hold your nose while you do it. These are some great examples.

frustrating than

not ever ? never?

in

change to the way that

all five of the state’s

smartest kids to Minnesota

make it all the way to?

This whole sentence is a bit unwieldy and perhaps needs to be split into two.

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