The Candidate of Their Choice

Before it was butchered by the Roberts Court, a key purpose of the Voting Rights Act was to ensure that, where cohesive minority communities exist, they would have a reasonable opportunity to elect the candidate of their choice.

For Black communities, this often understandably meant electing a Black representative. But not necessarily.

For example, the Tennessee congressional district that until recently was anchored around Memphis is a majority-Black district represented by a White man, Steve Cohen. Why does Cohen represent that district? The same reason anyone represents any district: the majority of voters in his district like him, he's earned their trust, so they keep reelecting him. Periodically during his tenure he would draw an African-American challenger, often to much fretting and teeth-gnashing from the national media, and each time he would absolutely flatten them, because again, Steve Cohen was well-liked and trusted by the voters in his district. That he kept winning, and winning handily, in a majority-Black district was not a failing of the Voting Rights Act. Neither would it have been a failure of the Voting Rights Act if Memphis decided to vote differently. The purpose of the Voting Rights Act is to give cohesive minority communities, like that which exists in Memphis, the ability to elect the candidate of their choice. If they choose someone like Steve Cohen, that's their prerogative.

All of this is introduction to the fussing that's surrounding Debbie Wasserman-Schultz's decision, in the wake of Florida's latest round of partisan gerrymandering wrecking her current district, to run for re-election in the safely-blue and majority-Black 20th district (just north of, but not encompassing, her current turf). The complaint is that, with the evisceration of the VRA already signaling a cataclysmic drop in Black representation (particularly in the South), Wasserman-Schultz's bid will necessarily come at the expense of one of the few districts where a Black Democratic representative might have shot at winning.

But again: the point of the VRA is to permit minority communities to elect the candidate of their choice. And either they'll choose to elect DWS or they won't. If they do, that's their prerogative. If they don't, that's also their prerogative. It's not a foul for Wasserman-Schultz (or any other politician) to try to win the support and backing of another political community, any more than she is entitled to the support of a community. Again, either she wins or she doesn't, but that's a decision that can and should be made by the voters of the district.

I'll give this Mo Tkacik column an inch of credit for at least gesturing at a more viable basis for complaining at DWS' choice: that she should have run in the 22nd district (where she lives) because with a strong candidate it represents an at least outside chance at a Democratic victory and Democrats need to expand the playing field as far as possible. Sure, she'll probably lose in the 22nd. But she might not, and she'll give team Blue a better chance than any other candidate. Meanwhile, a Democrat will represent the 20th district no matter what. So DWS is placing her own self-interest in trying to occupy a safe seat over the party's interest in winning as many seats as possible.

Maybe. It's not exactly clear to me why DWS is the only strong candidate Democrats could possibly run in the 22nd district -- a depressing thought, if true. And this being Mo Tkacik, by the end of the column it dissolves into rambling about AIPAC and some real old-school classics about how DWS rigged the primary for Hillary Clinton against Bernie. Aside from its nostalgic value, though, that last part again speaks to this very frustrating tendency in some segments of the Democratic Party (and, to be sure, all segments of the Republican Party) that losing an election under via normal political contestation must be cheating.

On that note, there's chatter that some of the Black candidates running in the 20th District have held a meeting to see if any will drop out, in the hopes that this will consolidate the Black vote and make it more likely one of them will win. Under "Bernie was robbed" logic, non-viable candidates dropping out and endorsing a remaining candidate is, of course, the most abusive act of rigging imaginable. Under actual, normal politics, there's no problem here and such a decision is their prerogative as well. Once again, DWS is not entitled to this seat, and she is not entitled to have the political factions which oppose her just roll over and clear a path for her. If at the end of it all she wins, good for her. If she doesn't, good for whoever does. Either way, the most we can hope for is that the voters in one of the apparently few remaining majority-Black districts are able to elect the candidate of their choice.

New Congressional Black-Jewish Caucus Announced: Will It Go Anywhere?

Apparently brokered by the AJC, Rep. Brenda Lawrence (D-MI) announced the creation of a new bipartisan Congressional Black-Jewish Caucus. The other co-founding members are Reps. John Lewis (D-GA), Debbie Wasserman Schultz (D-FL), Will Hurd (R-TX), and Lee Zeldin (R-NY). Its stated goals are to:

• Raise awareness of each community's sensitivities and needs, in Congress and around the country.
• Provide resources to members of Congress to empower them to bring African-American and Jewish communities together, combating stereotypes and hate and showcasing commonalities.
• Support stronger hate crimes legislation and advocate for increased government resources to confront the threat of white supremacist ideology.
• Support legislation and work to expand access to democracy and protect election integrity.

To be honest, I'm not entirely sure what to make of this. The concept is great, but I have to wonder whether initiatives like this ever do anything substantive beyond the press release.

I also find the list of founding congressmen and women to be interesting (are they seeking out additional members?). The list includes two Black Democrats (Lawrence and Lewis), one Black Republican (Hurd), one White Jewish Democrat (Wasserman-Schultz), and one White Jewish Republican (Zeldin).  Let's quickly run through who they are:

Rep. Brenda Lawrence (D-MI)

Lawrence is a third-term congresswoman from Michigan; holding the seat previously occupied by now-U.S. Senator Gary Peters. Prior to entering Congress, she was the first African-American woman to serve as mayor of Southfield. She also was a member of the unsuccessful Democratic gubernatorial ticket in 2010, serving as Virg Bernero's running mate. 

In Congress, she's a member of the Congressional Black Caucus and Congressional Progressive Caucus. I honestly don't know much about her, and don't think of her as a particularly high-profile member of Congress. But Lawrence's district has both a large Black and Jewish population, so it makes sense for her to try and take a leadership position on this question.

Rep. Debbie Wasserman Schultz (D-FL)

Former head of the DNC, Wasserman Schultz is probably best known as the favored target of 2016 Bernie dead-enders after they level up. That made her a target for a primary challenge from Sanders-backed Tim Canova, which got pretty nasty actually, but she ended up prevailing with 57% of the vote. She is one of the most high-profile Jewish Democrats in the House, and has what I consider to be a pretty standard political posture for a Jewish Democratic politician -- generally progressive voting record, while also being "establishment-friendly". Unfortunately, the 2016 election history means she is positively despised by the insurgent wing of the Democratic Party.

Rep. John Lewis (D-GA)

One of the legends of American politics and a civil rights hero, John Lewis has massive respect within the Democratic caucus and within the CBC in particular. He's also, throughout his career, been a stalwart friend of the Jewish people -- there's probably no more common "go-to" in Congress for Jewish-Black relations than Rep. Lewis. If anyone was going to join a cause like this, it'd be him. Unfortunately, that cuts both ways -- it is in many respects less interesting that John Lewis joined this caucus, because "of course he would". It doesn't actually signal the sort of broader buy-in one would hope for.

Rep. Lee Zeldin (R-NY)

I was honestly surprised to see he was onboard with this, as Lee Zeldin is -- how to put this gently -- a monster whose spent the past year gleefully tossing molotov cocktails all over the "Black-Jewish relationship". Ideally, being part of an initiative like this will tame Zeldin's wilder instincts -- someone can perhaps explain to him why taking an antisemitic voicemail left at his office and randomly demanding Ilhan Omar (who is never cited, mentioned, or alluded to in the message) denounce it is not how we play nicely with others. More likely, Zeldin will simply end up blowing this thing up from the inside.

What's really going on here, I imagine, is a stark example of the limits of trying to form a bipartisan caucus of Blacks and Jews. If one is simply looking to foster healthy relations between the Black and Jewish community in Congress, Republicans are, with all due respect, kind of irrelevant. But if you absolutely insist on having a Jewish Republican in the mix, Zeldin has the almost singular virtue of, well, being one (the only other Jewish Republican in Congress is Tennessee Rep. David Kustoff. He's a right-wing extremist too, though I still suspect he'd have been a better choice).

Rep. Will Hurd (R-TX)

Speaking of slim pickings, Hurd is who you get when you decide you also need a Black Republican -- he's the only one in the House (swing over to the Senate and you've got South Carolina's Tim Scott as well). He is, to be fair, a much less offensive figure than Zeldin. He also barely squeaked out re-election last cycle against Gina Ortiz Jones, who's already gunning for a rematch, so he might not be around Congress next cycle.

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What do we make of this set? Leave Hurd and Zeldin aside -- they're there for obvious reasons but otherwise are non-important. We'll even assume for sake of argument that Zeldin doesn't torpedo the whole deal.

Well, Wasserman Schultz is well respected in the Jewish community but also is a lightning rod for the Bernie-supporting wing of the party. With all due respect to the Florida Congresswoman, whom I actually rather like, she's carrying a lot of weight as the only Jewish Democratic Representative in the group, and I'm skeptical of the vitality of representing the "Jewish" side of Congress through her and Zeldin. Meanwhile, Lawrence is not high-profile, and I don't think really will do much to bring in more support from the CBC more broadly. Lewis is, of course, very high-profile, but he's also in some ways uniquely ill-positioned to signal buy-in from the CBC writ large for the reasons given above.

What's more interesting, then, is who isn't in the caucus. Now again, this was just launched, and so it's entirely possible more people will join. But the question is, who are the sorts of people who, if they did join, would signal that there might be a potential for success here?

On the Jewish side of the equation, you'd want to see both someone from new generation -- say, Elissa Slotkin or Max Rose, or perhaps Jamie Raskin -- and/or a less polarizing member of the old guard (like Jerry Nadler or Jan Schakowsky). Andy Levin -- newly-elected, but part of the Levin political dynasty in Michigan -- would be a great bridging figure here too. Another obvious name to look out for is Rep. Steve Cohen of Tennessee, who actually represents a majority-Black district. If he joins, it suggests that this sort of initiative is actually being viewed as a positive. If he doesn't, well, it sends a different signal.

With respect to prospective Black members, you'd want to see something similar: someone from the old guard beyond Lewis, and then someone from the new wave. On the latter, I won't even bother mentioning she-who-must-not-be-named (though again, what does it say that Zeldin can be a member but she can't?). But Lauren Underwood, Lucy McBath, or (dare to dream) Ayanna Pressley would be outstanding additions. With respect to more senior figures, Karen Bass or Elijah Cummings or even my own Congresswoman Barbara Lee would be great. There's also a "middle seniority" group that contains some promising figures, like Andre Carson (he'd be a fantastic pick-up, as the other Black Muslim serving in Congress right now) and Hakeem Jeffries (Jeffries, sadly, seems to be at risk of becoming a new Wasserman Schultz or Tom Perez -- which is to say, someone with a solidly progressive voting record who gets identified as a barrier to the advancement of some further-left hero and therefore is transmogrified into a tool of the neoliberal neoliberalist's neoliberalism).

In particular: I see the point of a caucus like this as not just comprising of itself of people who already agree on everything, but also ones who can fairly and effectively communicate their respective community's "sensitivities and needs" -- a project which often will involve explaining why practices by the other community which might internally seem innocuous are actually hurtful. In the Omar dialogues, for example, this is where we get Jewish members explaining why Omar's comments -- perhaps seen as just making the anodyne point that "AIPAC has influence in Washington" -- were harmful and seemed to leverage antisemitic tropes; and also where we get Black members explaining why the unyielding fury of the backlash -- perhaps seen as just "calling out antisemitism" --  were harmful and seemed to reflect a minute policing of Black politicians.

In other words, if you're running through potential members of the caucus with a red pen and looking for all the heresies that should bar them from membership, I'd urge you to stop. Yes, some level of overt antagonism is probably incompatible with productively participating in a project like this (but then: see Zeldin, apparently). But not all disagreements are akin to "overt antagonism", and I don't think any of the names I've listed stand outside the realm of regular disagreement. A functioning caucus that is designed to be a space where both community's can communicate their respective concerns and sensitivities can and probably should have some people who do not start out on precisely the same page. Speaking from the Jewish angle, it is in particular not reasonable to expect this caucus be "Black politicians come into the room and agree that everything the Jewish community has been saying and doing vis-a-vis the Black community is correct and laudatory" (and, of course, neither vice versa).

Finally, I don't want to say any of the people I mentioned above are obligated to join this caucus, or that it reflects badly on them or signals they "don't care about Black-Jewish relationships" if they don't. Congress is a busy place, and these people have things to do. This is one cause among many -- it's one I happen to think is important, but there are lots of issues lots of people think are important. And of course, these Congressmen and women are almost certainly better positioned than I am to see if this caucus has even the potential to turn into something "real" beyond the press release. If it's going to be a waste of time anyway, there's no need for them to cede their limited time to be wasted.

All I am suggesting is that, for a caucus like this to actually succeed, it needs to gain a membership that signifies buy-in from a solid cross-sample of the relevant communities. I don't think the initial membership group does that on its own.

Assorted Thoughts on the DNC Platform Committee

The DNC has released its platform committee, and the big news is that Senator Sanders successfully got near-parity with the Clinton campaign (he got five appointees, Clinton got six, and the DNC, through chair Debbie Wasserman-Schultz, picked four). Some assorted thoughts (in no particular order):

* Both Clinton and Sanders picked a Congressperson who is a member of the Congressional Progressive Caucus. Sanders picked Rep. Keith Ellison (MN) and Clinton Rep. Luis Gutierrez (IL). But interestingly enough, the most progressive elected official on the whole committee is probably a DWS pick. That would be my Congresswoman here in Berkeley, Rep. Barbara Lee.

* Rep. Elijah Cummings (MD) is a great choice as chair. Universally respected by all factions in the Democratic Party. That doesn't mean I envy him.

* Who is Alicia Reece, and why is an Ohio state representative getting a slot? I'm hoping the answer is "because she's a rising star in Democratic politics and in ten years everyone will think this was a stupid question."

* I presume there is already some murmuring in pro-Israel corners about Sanders picking Arab American Institute head James Zogby to be on the committee. I don't think there is any cause for concern, and I'm in fact optimistic that he will help the committee produce language that instantiates the vision for Israel and Palestine that is shared by most Democrats (as well as most Jews): Two states for two people, respecting the democratic and national rights of each. Zogby is a pro, I doubt he would produce anything objectionable even if he were writing the language himself (which he isn't). None of this will stop some elements of the "pro-Israel" community from releasing commentary about Zogby's selection that will double as a self-inflicted gunshot wound.

* There is a real, non-trivial chance that Cornel West will be a catastrophe in this role. Remember that time he called "Brother Trump" an "authentic human being" (like "Brother Bernie" but unlike all the other candidates)? Or the time he called Obama our "first niggerized black president"? These do not speak of someone interested in the good of the Democratic Party or, quite frankly, the good of the progressive movement writ large. Most of the people on this committee I'm sure will do a good and conscientious job to produce a good document that represents Democratic Party principles and aids the nominee tasked with implementing them. West I can absolutely see deciding to make a grandstanding show that could detonate the whole endeavor.

* Both Clinton and Sanders have a committed environmentalist on their slate, but it's interesting that Clinton's put on the only union representative on the Committee (Paul Booth, of AFSCME).

* Gender breakdown is as follows: Clinton -- four women, two men. Sanders -- four men, one woman. DWS -- two men, two women.

* All of this being said, by far the most likely outcome is that this is essentially the last time we ever hear anything about the platform committee or its work ever again.

One Week Out Roundup

I'm one week away from the bar exam. My strongest area is constitutional law. My weakest area is everything else.

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Soccer clubs often break along broader cultural and national faultlines, and certain clubs are typically identified with various political movements. In Israel, for example, Hapoel Tel Aviv is identified with the Israeli left, and Beitar Jerusalem representing the nationalist right. Two liberal American Jews have now bought the team; hopefully, they'll help clean up its act (an interesting fact for folks not privy to how Israeli society divides -- Beitar supporters hail overwhelmingly from Israel's large Mizrachi [Arab] Jewish population).

Israeli Foreign Minister Avigdor Lieberman called Yesh Din a "terrorist organization". Board member Shlomo Gazit notes it's a label he's borne before.

That far-right Iowa "marriage" petition also calls for "robust childbearing". How exactly does one birth "robustly"?

Good post by Ta-Nehisi Coates on people feeling a connection to where they're from, even it is a place that is considered a "problem".

A Columbia professor writes a book on how to resolve (or at least ameliorate) intractable conflicts. One notes that his advice could succinctly be summarized as "the opposite of what anti-Israel BDS campaigners propose".

Hussein Ibish underestimates the proportion of the BDS movement which targets Israel as a whole (the UCU academic boycott being perhaps the most prominent case), but he's absolutely right that the Israeli anti-boycott law itself is not designed to protect Israel but protect its settlements.

Rep. Allen West (R-FL) flips out at fellow Floridian Rep. Debbie Wasserman Schultz (D). Lest we forget, West is a war criminal.