tRump’s illegal military war crime actions / tRump’s gift to the oil companies that paid him prior / This is a war crime and illegal / tRump trying to get other countries resources for his own profits / tRump grifts and seeking bribes
It has nothing to do with US national security and all the minerals / traffic rights to make ships pay / and the “rare earth” metals that tRump wants a piece of. It is about profit. Hugs
The paying tribute and bribes to tRump and his slush funds is so anti what the US should and used to stand for. It is the very thing the founding fathers were most against. The courts have gutted the holding of tRump to account but the emoluments cause is what this was designed to stop. Ask yourself if Biden / Obama / Clinton had been so blatant in demanding bribes would you tRump cult supporters be OK with it still? Hugs
The appeals court told her to have it completely wrapped up by the first week of January and this is not doing that. I expect more to happen fast with this. She ignored the appeals court order to please tRump.
“There was blood everywhere, screams, people crying, people who couldn’t take it and were urinating and vomiting on themselves,” the college student from Venezuela who sought U.S. asylum, said. “Four guards grabbed me, and they beat me until I bled until the point of agony. They knocked our faces against the wall. That was when they broke one of my teeth.”
Mr. Miller’s belief that seven decades of immigration has produced millions of people who take more than they give — an assertion that has been refuted by years of economic data — is at the heart of the Trump administration’s campaign to restrict immigration and deport immigrants already in the country.
tRump trying to hold on to power illegally / Jan 6th insurrectionists / trying to change the history everyone seen live / Scamming / Using the US treasury & taxpayer funds to pay off tRump cult members.
The U.S. Air Force will provide Jan. 6 rioter Ashli Babbitt with military funeral honors, reversing a Biden-era decision that denied her family’s request, according to a legal group that has represented her family.
In June 2025, the Pentagon agreed to pay the Babbitt family a $5 million “wrongful death” settlement. Below, see the latest from Proud Boys leader Enrique Tarrio, who is himself reportedly suing the DOJ for $100 million.
This is not true. The construction industry has crashed in Florida. No workers so nothing being built. Half crews means nothing built. The work is far to hard for most people. Hugs
In his first year back in office, Mr. Trump has unabashedly adopted the trappings of royalty just as he has asserted virtually unbridled power to transform American government and society to his liking. In both pageantry and policy, Mr. Trump has established a new, more audacious version of the imperial presidency that goes far beyond even the one associated with Richard M. Nixon, for whom the term was popularized half a century ago.
Trump is expected to announce plans to build a new, large warship that Trump is calling a “battleship” and is part of his larger vision to create a “Golden Fleet” that includes as many as 50 support ships, according to people familiar with the matter who were not authorized comment publicly.
Bigotry / Hate / Racism / DEI Misinformation / White Supremacy
The site isn’t exposing misleading reporting – it’s revealing the bubble Trump increasingly inhabits
‘Given that bubble, harsh reality via the media is a rude intrusion.’ Photograph: Jonathan Ernst/Reuters
Donald Trump has used the mainstream press as a punching bag for many years, but in recent weeks his jabs have become even more frequent – and more ill-tempered.
And last Friday, his White House unveiled the latest wrinkle: a new website that supposedly tracks media bias. It offers a “Hall of Shame” and “media offenders of the week” to focus on reporting that the president dislikes. It names individuals and news organizations, and it points to the Boston Globe and CBS News, among others, for doing supposedly misleading and biased work. It uses terms like “left wing lunacy” to describe some of its complaints.
The site’s first iteration is particularly focused on media reporting about Trump’s call for six Democratic members of Congress to be arrested, tried and punished for their supposedly “seditious” video reminding military and intelligence personnel that they are not obliged to follow illegal orders. Trump even boosted a social media post that shouted: “HANG THEM GEORGE WASHINGTON WOULD” (He later told Fox News he wasn’t “threatening death, but I think they’re in serious trouble”).
All this for a video in which the members of Congress sought to remind people that military members make an oath to the constitution, not to the president.
“Our laws are clear. You can refuse illegal orders,” Senator Mark Kelly of Arizona, a former astronaut and a US navy veteran, says on the video. Trump has been especially furious about Kelly, who seems like just the wrong person to go after, giving his background of service and high credibility.
The White House site crows that those journalists and outlets who reported on all this are now “exposed”.
There really is something being exposed here, but it’s not the reporting.
It’s Trump’s own increasing desperation and his decreasing ability to countenance anything other than flattery and sycophancy. That’s not what the mainstream press is – or should be – in the business of providing.
But as Jonathan Lemire reported this week in the Atlantic, this president has become more and more isolated lately. His social media appears mostly restricted to his own (poorly named) Truth Social site; his travel is generally not to meet with (or even see) ordinary Americans; instead he tends to hang out with the billionaires who want something from his administration and are willing to cozy up shamelessly to get it.
“President Trump has never before been in such an echo chamber,” according to Lemire. “His domestic travel has basically stopped. He sees rich donors and Maga media, not actual voters.”
Given that bubble, harsh reality via the media is a rude intrusion, and the new White House site is an evident effort to dispel the discomfort by disparaging it.
Who, I wonder, does Trump think he’s reaching with this effort?
The Maga faithful, of course, don’t need to be persuaded. They already are fully on board with anything their dear leader does. And most other Americans – even some of the millions who voted for him – already have his number.
Trump’s overall approval rating of 38% is the lowest since his return to the presidency, according to a recent Reuters/Ipsos poll. It has fallen dramatically since the start of that second term and is down two percentage points just since the beginning of November. Even his iron grip on the Republican party has weakened. All of that is a deep worry with the approach of the midterm elections – less than a year away.
Who can he blame?
Why, the press, of course. And that’s precisely what this new site is all about.
Will it work? Granted, trust in the mainstream press is low, so reporters and news organizations are a convenient target of criticism. And granted, media bias exists, though the most blatant is on the far right, the busy pro-Trump propagandists.
But I agree with Seth Stern, director of advocacy for the Freedom of the Press Foundation, who told the Washington Post that most people – whatever their politics – aren’t going to buy what this new “bias tracker” is selling.
“People understand the obvious conflict inherent in a presidential administration appointing itself the arbiter of media bias,” Stern said.
That’s especially true for media criticism from those doing the bidding of Trump, who has made his antipathy toward the press so central to his persona.
Calling out inaccurate and biased reporting is a fair pursuit. Journalists are far from flawless; they make mistakes, and the best of them correct those quickly and fully.
But that’s not what this new site is about. And trashing the media is not going to help Trump get out of the trouble – or the bubble – that he’s in.
Margaret Sullivan is a Guardian US columnist writing on media, politics and culture
Commissioners in Randolph County, North Carolina dissolved the county library system’s entire board of trustees last week, after the trustees voted to keep a picture book about a transgender boy on library shelves.
In October, the Randolph County Public Library’s Board of Trustees voted to keep the picture book Call Me Max on shelves despite some objections from members of the public. The book, written by Kyle Lukoff and illustrated by Luciano Lozano, tells the story of a young trans boy who asks to be called Max at school, eventually leading him to come out to his parents. The Randolph County trustees voted 5-2 to keep the book available, with some trustees reportedly commenting that removing or relocating the book would be a “slippery slope” toward censorship.
In response, the Randolph County Board of Commissioners voted 3-2 on December 8 to dissolve the library board and its governing bylaws entirely, Blue Ridge Public Radio (BPR) reported. Commissioner Hope Haywood, who cast one of the two dissenting votes, told BPR that the other commissioners’ likely intended to appoint new members, but that she had wanted to establish plans to facilitate that process first.
“Three commissioners didn’t see it that way. Three commissioners felt like, just abolish the board and then figure it out,” Haywood told BPR.
Minutes and video of the December 8 meeting were not yet available at time of writing. According to coverage of the meeting by local news website Randolph Hub, commission chairman Darrell Frye made bizarre comments about a member of his family he said had killed themself after being “brainwashed” on social media, apparently in reference to being trans. “It’s about, to me, exposing a child before it’s able to make a decision. It’s personal to me,” Frye reportedly said. Commissioner Kenny Kidd opined that dissolving the board of trustees was “a black-and-white issue,” and that “the soul of our children” was at stake.
“We adhere to the rules for the disposition of materials. We have the responsibility to serve all sides of issues,” trustee Betty Armfield reportedly told the board, adding that it was “parents’ responsibility to choose what they believe are appropriate books for their children.”
Call Me Max will still be available to check out from Randolph libraries in the wake of the commissioners’ vote, the county public information officer told CBS affiliate station WFMY. Still, Lukoff — who won a 2020 Stonewall Book Award for another picture book about a trans boy, When Aidan Became a Brother — lamented the vote and what it represents on Instagram last week.
“A library’s entire board of trustees was fired and replaced because they refused to ban one of my books. It’s so terrible,” Lukoff wrote. “I just feel so bad for the people who live in that community and love their library,” he added in a later reply.
Anti-LGBTQ+ activists have increasingly targeted local and school libraries over the past several years, particularly amid the rise in popularity of “Drag Queen Story Hour” events, some of which have been the subject of bomb threats and harassment from far-right militia groups. Tennessee officials have ordered libraries across the state to remove books with LGBTQ+ themes or characters this year, while in South Carolina, the York County Library board voted last week to move all books dealing with gender identity to sections for patrons aged 13 and older. One conservative activist claimed that move was necessary for “protecting childhood innocence.”
Issues of access to LGBTQ+ materials are increasingly landing in courts. Earlier this year, former Wyoming librarian Terri Lesley settled a wrongful dismissal lawsuit with county officials for $700,000, after she was fired in 2023 for refusing to remove LGBQ+ books from children’s and young adult sections of her library. (Neither party admitted wrongdoing as a result of the settlement.)
“People that want to keep pushing an agenda to go against these library materials and the First Amendment, I hope they see this, and I hope it’s a deterrent,” Lesley told CBC Radio in October.
Dr Mehmet Oz, administrator for the Centers for Medicare and Medicaid Services. (Anna Moneymaker/Getty Images)
Mehmet Oz, better-known as Dr Oz, has raged about “$150k penis surgery” for trans youth, but he failed to cite any facts.
Dr Oz, who leads Medicaid and Medicare, announced on Thursday (18 December), alongside health secretary Robert F Kennedy Jr, measures that will ban gender-affirming care for trans youth.
The ban, part of Dr Oz’s bid to end “taxpayer funding of sex rejecting procedures for children in Medicaid and CHIP [children’s health insurance program], full stop”, takes the form of two new proposed rules from Medicaid and Medicare.
The first prevents doctors and hospitals from receiving federal Medicaid reimbursement for gender-affirming care provided to trans youth under the age of 18, while the second blocks all Medicaid and Medicare funding for any services at hospitals that provide pediatric gender-affirming care.
Medicaid, which is the health care program that covers low-income Americans, alongside older and disabled citizens, is taken at most hospitals, meaning the proposals could have a wide-ranging effect, as per New Hampshire Public Radio.
During announcing the proposals, Kennedy referred to gender-affirming care as “malpractice”, while Dr Oz went completely off topic.
The 65-year-old began ranting about the prices of bottom surgery, which is very rarely performed on individuals under 18.
“A vaginoplasty – a procedure a child does not need – costs $60,000,” he claimed, adding: “Shockingly, a phalloplasty, the creation of a penis, costs, on average, in America, $150,000 per child.
“I do believe, with doing some work, that these prices have continued to increase due to increased manufactured demand,” he continued. “A scrotalplasty, where you add testicles? That’s extra.”
Dr Oz didn’t clarify where he pulled his quoted figures from, but according to the Gender Confirmation Center, the price of a vaginoplasty is between $23,000 and $24,500, while phalloplasty ranges between $35,000 and $50,000.
According to 2025 data from the Williams Institute, about one per cent of people aged 13 and older identify as trans in the US, and despite the proposals attacking gender-affirming care for trans youth, multiple studies show that surgeries are rarely performed on minors.
A 2024 study by researchers at Harvard TH Chan School of Public Health found that no gender-affirming surgeries were performed on trans or gender diverse youth (TGD) aged 12 and younger in 2019, the most recent year for which data is available.
For teens ages 15 to 17 and adults ages 18 and older, the rate of undergoing gender-affirming surgery was 2.1 per 100,000 and 5.3 per 100,000, respectively. The majority of surgeries were chest surgeries.
Co-author Elizabeth Boskey, instructor in the Department of Social and Behavioral Sciences, said: “We found that gender-affirming surgeries are rarely performed for transgender minors, suggesting that US surgeons are appropriately following international guidelines around assessment and care.”
Lead author Dannie Dai, research data analyst in the Department of Health Policy and Management, added: “Our findings suggest that legislation blocking gender-affirming care among TGD youth is not about protecting children, but is rooted in bias and stigma against TGD identities and seeks to address a perceived problem that does not actually exist.”
Share your thoughts! Let us know in the comments below, and remember to keep the conversation respectful.
This is just hate and bigotry. It is a group of people who hate trans people for some unknown reason and have made their life / career the harassment of trans minors who play sports. I can not see how this harms this reporter and his group in any way. To make your life about harming others is a real petty way to exist. Many conservatives use their religion to justify such hate but the Jesus of the bible never said a word against the entire LGBTQ+ community. So their hate is internally driven and they must be such miserable people. So Sad. The drive to regress the world’s most progressive countries back to an uneducated straight cis white male controlled society is really causing a lot of damage to people and freedom to express your life as you wish. It seems driven by two groups, the older people who are uncomfortable with the progression of society and younger religious people driven by wealthy religious hate groups. Hugs
Since Sept. 5, right-wing sports publication OutKick has published 19 articles about a 12th grade girls’ volleyball player at Skyline High School in Ann Arbor, Michigan. The player caught the attention of reporter Dan Zaksheske after he obtained public documents that appear to show her requesting a legal name change from a traditionally masculine first name to a traditionally feminine one.
Over the next three months, Zaksheske would write 18 of the 19 articles OutKick would publish about this student. He and other OutKick reporters attended multiple high school girls’ volleyball games where they recorded and reported on Skyline High’s volleyball season. At the heart of each article was a focus on the girl, who Zaksheske refers to as a “trans-identifying biological male.”
Zaksheske’s reporting stoked a controversy that drew the attention of multiple right-wing publications, politicians and influencers. This coverage led Sean Lechner, whose cisgender daughter played against Skyline and allegedly shared a locker room with their team, to file a Title IX complaint.
Lechner’s daughter at a press conference about the complaint. Screenshot via Fox Business.
While the Michigan High School Athletic Association (MHSAA) does require trans athletes to get a waiver approved to compete in official state tournaments, the Democrat-majority state Senate outright rejected the idea of a trans athlete sports ban earlier this year. In addition, LGBTQ Michiganders have strong anti-discrimination protections under the state’s Elliott-Larsen Civil Rights Act.
In the complaint, Lechner calls for a ban on “biological males from competing in female sports” and for a “full investigation into actions and communications of Ann Arbor Public Schools/Monroe High/Chet Hesson,” citing a Trump executive order that declares that trans-inclusive policies are in violation of Title IX.
Shortly after the complaint was filed, Uncloseted Media published an interview clip with Hesson, the athletic director of Monroe Public Schools, in which he simply said his “heart goes out” to the player for being under such scrutiny. Less than 24 hours later, he was put on administrative leave.
As this story spreads like wildfire, experts in journalistic ethics are raising concerns about Zaksheske’s reporting.
“OutKick’s inflammatory reporting on a Michigan high school volleyball player who may or may not be trans disregards several core principles of the Society of Professional Journalists’ [SPJ] Code of Ethics,” Dan Axelrod, chairman of the SPJ’s ethics committee, told Uncloseted Media. SPJ’s Code of Ethics, originally drafted in 1973, has been embraced and used by thousands of journalists from numerous newsrooms and schools.
“The Code cautions reporters to ‘show compassion for those who may be affected by news coverage,’ and to ‘use heightened sensitivity when dealing with juveniles,’ while ‘weigh[ing] the consequences of publishing or broadcasting personal information,’” Axelrod says. “[OutKick] has essentially ignored all those ethical principles, given [Zaksheske’s] relentless coverage of the player, which has led the public to easily infer who she is, and its negative framing of her story.”
The player, whose mother did not respond to an interview request, does not appear to have publicly come out as trans prior to the publication of Zaksheske’s first article.
Chad Painter, associate professor and chair of the communications department at the University of Dayton, says this “brings up a whole host of issues.” While Zaksheske wrote that he did not name the girl “because the student athlete is under 18,” Painter says that doesn’t do enough to conceal her identity.
In his reporting, Zaksheske references the existence of publicly accessible name change documents, the girl’s county of residence and the name of a local volleyball club she’d been a part of. “Someone who is reasonably well-versed in being able to Google someone can figure this out pretty easily,” Painter, who has co-authored multiple media ethics textbooks, told Uncloseted Media.
“There’s longstanding norms in newsrooms that we don’t out people, that that is a very personal decision that an individual gets to make, and unless there is a massively compelling reason to do that, it’s not our role,” he says. “The idea that he is in the clear because he didn’t specifically write this person’s name in a story, it wouldn’t hold up to journalistic scrutiny.”
And Zaksheske’s reporting appears to have outed the girl. The same day that he published his first article on the matter, an X account whose mission is “to call out these male athletes and expose the damage that they have each caused to women and girls in sports” published the girl’s full name and deadname along with multiple photos and videos of her. (Uncloseted Media has chosen not to link to these posts directly in the interest of her privacy.)
In addition to the 18 articles Zaksheske wrote, he also tweeted about the situation at least 41 times and attendedatleastfourhigh school girls’ volleyball games. While watching, he recorded videos of the girls playing and then posted them to X and OutKick’s website.
“Having 19 stories about one athlete … to me, that seems like this coverage is out of line with how we’d normally talk about, especially high school sports, which, frankly, no one outside of this little area in Michigan are going to really care about,” says Painter.
“Outside of the culture war stuff, I don’t see where this is a story.”
When Zaksheske was confronted by multiple people at the school about attending and recording one of the games, he published another article accusing them of harassment. “I was shadowed by the school principal and harassed and stalked by Skyline supporters,” he wrote.
Painter notes that while Zaksheske was within his rights as a journalist and citizen to be attending and recording such events, he understands why the school would approach him with skepticism.
“I have a feeling that if I just started showing up randomly to high school volleyball games and taking photos and videos, there would probably be questions,” Painter says. “Because, again, we are talking about minors.”
“The reporter has a right to pursue news … and that right especially exists at a public school,” says Axelrod. “However, one has to wonder at what point is the coverage just pandering to curiosity as opposed to serving a valid societal purpose in informing and facilitating larger discussions about real and valid questions regarding the participation of trans athletes in sports.”
Misinformation and Animus
Zaksheske has pushed back against similar criticism on X, accusing those who question the ethics of his reporting of being “in favor of sterilizing, mutilating and castrating children” and characterizing his reporting as “exposing their heinous acts.”
“I don’t see that as an ethical problem because it doesn’t even enter into the world of ethics,” Painter says of Zaksheske’s rhetoric. “It is wrong factually and it doesn’t really have a place in what we do in terms of the journalism field.”
Misleading rhetoric about trans health care is common throughout OutKick’s reporting. Zaksheske has written several articles about gender-affirming care, where he has claimed that puberty blockers “take healthy children and sterilize them for life.”
Puberty blockers have been FDA-approved for treating precocious puberty in cisgender children since 1993. Multiplestudies have found no evidence of them causing permanent infertility, and gynecologists and endocrinologists have said that they do not cause sterilization.
Much of Zaksheske’s coverage of trans people has been negative. Of adult trans women, he wrote that “that person might see himself as a woman, but we are under no obligation to ‘affirm’ that.” He also wrote that doctors who provide gender-affirming care “have to answer to their consciences.”
OutKick also generally misgenders trans women and girls, referring to them as “males,” “biological males” or “trans-identifying males,” additionally using masculine pronouns to refer to them.
Painter notes that this goes against the “Associated Press Stylebook,” which he says “any newsroom worth its salt is going to follow.”
“The journalist and the news outlet squander their credibility covering these types of societal questions when they use language … that fails to recognize and respect the underlying humanity of an entire group of people,” he says.
In an email, Brian Karpas, OutKick’s director of media relations, told Uncloseted Media that the publication “stands by the thorough and responsible reporting of Dan Zaksheske and will continue to protect women from competing against biological males.”
Beyond Michigan
OutKick’s extensive reporting of the Michigan volleyball player is reflective of the publication’s increasingly conservative bent since it launched in 2011. In 2021, it was acquired by Fox Corporation. Since then, it has partnered with Fox News and has become home to numerous right-wing personalities known for anti-trans rhetoric. These include founder Clay Travis, who has said World Aquatics is “encouraging …super young kids to be transitioned”; Tomi Lahren, who said that liberals “don’t know what a woman is”; and Riley Gaines, who referred to an eighth-grade trans girl as a “mediocre man.”
This story in Michigan is not the first time OutKick and Zaksheske have hyperfocused on one trans girl. They were one of the first national publications to report on California-based track and field athlete AB Hernandez, who later became the center of a feud between the Trump administration and Gov. Gavin Newsom. Since March, OutKick has published at least 24 articles about Hernandez, 10 of which were written by Zaksheske. They sent reporters to at least twogames to photograph Hernandez and other teenage players. Additionally, OutKick published 15 articles and attended at least four games covering the story of a trans softball player in Minnesota, whose presence on the team became a key point of a lawsuit by the Southern Poverty Law Center-designated anti-LGBTQ hate group, Alliance Defending Freedom.
This massive amount of coverage is common for U.S. conservative media: A report published this year from Media Matters for America found that Fox News ran over 400 weekday segments mentioning trans athletes from Feb. 5 to June 6.
All of this has had an impact. While the Title IX investigation is still pending, Hesson, who was named in the complaint, told Uncloseted Media that he had been targeted with harassment and vitriol online.
Uncloseted Media on Instagram: “Last Friday, Uncloseted Media p…
In the comments of the Instagram post, Hesson was attacked by numerous users: squaredbeach9 wrote, “Stop normalizing these freaks. You don’t give a bulimic chick a bucket and some gum.”
And others chimed in, saying:
“Guaranteed he has child pron on an electronic device.”
“Fuck off, poor tranny hates attention, give me a fn break.”
“So a male playing in women’s sports. And this cuck is defending it.”
All of this has come even though Hesson is not directly affiliated with Skyline High School, which is part of a different district. As such, he was not involved in the decision to allow the girl to play, and he was also not privy to whether she had a waiver.
In addition, numerous right-wing lawmakers and candidates have endorsed Lechner’s complaint. Republican state Rep. James DeSana posted a statement to Facebook “calling for Chet Hesson to be removed immediately.”
“The public cannot have good discourse, debate, or dialogue without good information,” Painter says. “Supplying that information is the fundamental duty of the news media. When journalists are distracted by inconsequential stories, then we’re not spending the time to cover interesting and important news that our readers really need.”
Both Painter and Axelrod took note of the small number of known trans athletes in the U.S. Last year, the NCAA’s president told a Senate panel that fewer than 10 of the 510,000 college athletes affiliated with the organization were transgender.
“This controversy is part of a much larger national narrative about transgender athletes and the LGBTQ+ community as a whole,” Painter says. “The entire national conversation is based on virtually nothing, so this particular set of stories are based on an inconsequential premise.”
Going Forward
If the Department of Education does find that Title IX was violated, the school district could risk losing federal funding if it continues to allow trans athletes to compete.
Zaksheske has been pressuring the MHSAA to confirm whether a waiver was approved for the volleyball player to compete, citing a statement from early September in which the association said it had not yet approved any waivers for the semester. On Dec. 9, MHSAA confirmed that one waiver was granted in the fall season, though no details were given in the interest of the student’s privacy.
While research into the relative athletic capabilities of trans and cis women is ongoing, numerous experts and athletes say that politicized vitriol, misleading information and outsized media attention about trans athletes makes girls’ sports less safe for all athletes.
“There are real, valid, and necessary societal discussions to be had about trans athletes participating against competitors who don’t match their birth gender, and ethical journalism can have a place in informing those discussions,” Axelrod says. “At the end of the day, this woman is still a human, and a child at that, not a canvas for OutKick to paint a distorted picture of one individual who’s a tiny part of a much bigger societal dialogue about trans athletes.”
If objective, nonpartisan, rigorous, LGBTQ-focused journalism is important to you, please consider making a tax-deductible donation through our fiscal sponsor, Resource Impact, by clicking this button:
Commentary: The masking of ICE agents is indefensible
Amy Dru Stanley and Craig Becker, Chicago Tribune on Published in Op Eds
Last month, a federal judge observed that masked figures were creating terror on American streets — not criminals but agents of Immigrations and Customs Enforcement. “Law enforcement in the United States has usually been performed in the open,” wrote Judge William G. Young, a Ronald Reagan appointee to the U.S. District Court in Massachusetts.
“Images of plain-clothed, masked federal agents — faceless agents of the federal government — snatching a non-violent person off the streets” have created “fear in citizens and non-citizens alike.”
We’ve all seen the arrests in our neighborhoods and felt that fear. We’ve watched the raids unfold on the news: on the streets, on college campuses, in workplaces, in homes, outside courtrooms, in Home Depot parking lots. ICE agents wearing masks, violently detaining people, holding them captive, disappearing the suspects.
And we’ve heard the explanation that masking protects the ICE agents. “If you expose them,” President Donald Trump has said, “you put them in great danger, tremendous danger.”
But that rationale is indefensible, as it would apply to every public official and employee involved in the criminal justice system, all of whom face the threat of retaliatory violence. Moreover, severe penalties exist for attacking or intimidating law enforcement officers. Surely a judge who sentences convicted criminals to prison is as much at risk as ICE agents, yet the notion is absurd that judges should be anonymous or allowed to mask their faces in the courtroom.
Anti-masking bills have been introduced in Congress — including the “No Secret Police Act” and “No Anonymity in Immigration Enforcement Act”— but the measures have no chance of enactment under GOP control. Recently, Chicago and California banned masked arrests, but the U.S. Department of Homeland Security has stated: “We will NOT comply.”
What is needed is for the courts to act — to declare masked arrests unconstitutional, as unreasonable seizures barred by the Fourth Amendment. The U.S. Supreme Court has held that “reasonableness depends on not only when a seizure is made, but also how it is carried out.” Guarantees exist against seizures without probable cause or warrants, and the court has found that law enforcement agents violate the Fourth Amendment if they seize someone with unreasonable force or execute a warrant to search someone’s home without first knocking and announcing their presence. Such protections, essential in a democracy, should be extended to bar the carrying out of masked arrests. That ban is necessary to identify bad actors, and reduce the risk of harm and thereby uphold constitutional guarantees against unreasonable seizures and interference with freedom of expression.
ICE use of masks has spread more than fear. It has led to criminal impersonation: men pretending to be ICE agents carrying out kidnappings and sexual assaults. But threats to liberty and security lie in masked ICE policing itself — that faceless agents will use excessive force on immigrants or retaliate against witnesses who protest their raids by exercising free speech rights, and that no redress for the wrongs can be sought because the ICE agents can’t be identified. That masked men can act with impunity, as in authoritarian regimes.
Aggressive recruitment of new ICE agents, who are deployed with little training, heightens the risks of the masked raids. As the crackdown spreads — with the White House demanding 3,000 arrests by ICE a day— so, too, is protest against the masking. “More raids means more unidentified federal law enforcement intimidating and in some cases terrorizing our communities,” states the American Civil Liberties Union, noting the difficulty of distinguishing ICE arrests from kidnappings.
Masking also presents dangers for the ICE agents, who may be mistaken for imposters. Obscuring identity has long been a tactic used in certain undercover operations. But as former ICE official Scott Shuchart warned about the masked arrests, there is now “a kind of vigilante problem where people either don’t know, or at least aren’t sure, that these officers who are dressed up like bank robbers are actually law enforcement officers.” In such circumstances, violent self-defense might result.
Judicial prohibition of masked arrests is supported by trends toward greater transparency in policing nationwide. “In evaluating the reasonableness of police procedures under the Fourth Amendment,” the Supreme Court has, by its own account, “looked to prevailing rules in individual jurisdictions.” ICE agents’ masking is sharply discordant with rules requiring local police to wear badges and nameplates and barring them from preventing the public from reading the information. The increasing use of body-worn cameras similarly serves police accountability.
According to the U.S. Department of Homeland Security, however, assaults on ICE agents are up by more than 1,000% this year and masking has been informally tolerated to prevent doxxing, harassment and violence. Meanwhile, the U.S. Justice Department has begun to prosecute people who follow agents or publicize their addresses. Yet ICE has issued no policy requiring mask use to protect agents — nor any official guidelines on masking at all. Appearing on Fox News in July, the acting ICE director, Todd Lyons, equivocated. “I’m not a fan of the masks,” he said. “I think we could do better, but we need to protect our agents and officers.”
The unreasonableness of masked arrests is highlighted by state legislation outlawing the wearing of disguises by private individuals on public property. It reflects the understanding that masking promotes lawlessness — and as the Supreme Court has recognized, “Decency, security and liberty alike demand that government officials shall be subjected to the same rules of conduct that are commands to the citizen.”
Currently, some 22 states have anti-masking rules on the books, as do many local governments, rules now being enforced to suppress peaceful dissent rather than criminal activity. In extreme instances, felony charges have been threatened against masked students protesting the war in Gaza. No doubt the repressive use of the restrictions will broaden. Last June, Trump posted on social media: “From now on, MASKS WILL NOT BE ALLOWED to be worn at protests. What do these people have to hide, and why???”
Anti-masking rules governing private conduct are almost a century old, with most originating in efforts to quell the terrors of the Ku Klux Klan. With much to hide, the Klan has attacked anti-masking laws in the very terms now used by ICE to defend masked arrests: “Members wear their masks to protect their anonymity,” the Klan has argued, “because of the harassment, threats of violence, violence.”
The depth of community protest against ICE agents’ masking may well be rooted in historical memory of faceless Klansmen riding through the night, seizing their captives. As Judge Young warned recently, “Masks are associated with cowardly desperados and the despised Ku Klux Klan. In all our history we have never tolerated an armed masked secret police.”
We should not do so now.
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Amy Dru Stanley is a history professor at the University of Chicago. Craig Becker is a lawyer with Democracy Defenders Fund.
I can’t understand living just to hate and harm others who are not doing anything that harms you. To carry that bitterness and to work so hard to deny to others what you demand for yourself seems like poisoning one’s self. With so much to enjoy in diversity and inclusion why work so hard to create a homogeny of everyone being the same. Hugs
As the M4L annual summit kicks off this weekend, here’s how one of the group’s original chapters is sowing chaos and pushing anti-LGBTQ policies in Indian River County.
Mink Tyner says some people call her a “helicopter parent” because of how protective she is over her kids. Despite this, she wasn’t concerned about bringing her daughter, then 14, to the Indian River County, Florida, school board meeting in August 2023, where they were discussing changes to the state’s curriculum relating to race and slavery.
That’s why she was shocked when she saw community members at the podium reading excerpts of sexual content from books.
“I hate lights out now because my D has a mind of its own,” one woman read. Then a man came up and read, “When Doris had just turned 11, her current stepfather started having sex with her.” And a third person read, “He took a long long time peeling off my jeans and T-shirt, pink bra and panties, and a longer time stroking and kissing me.”
The meeting had turned into more of a stunt led by protestors affiliated with the local chapter of Moms for Liberty (M4L), a Southern Poverty Law Center-designated far-right extremist group.
“I’m not gonna have my kid in here listening to these adults doing this shit,” Tyner remembers thinking.
She took her daughter out of the room and pleaded with security to intervene, but they refused. So she spoke up to disrupt the meeting herself, only for security from the Sheriff’s office—who told Uncloseted Media their deputies responded “appropriately and in accordance with established procedures”—to escort her out.
As she was leaving, conservative pastor John Amanchukwu, who had attended the meeting with M4L, confronted her while recording a video that he would later post to X calling her “demonic” and lashing out about her being pro-LGBTQ: “You’re okay with DEI. … You’re okay with Pride Month. You’re okay with the rainbow flag. You’re okay with all that junk,” he yelled. Tyner responded by calling him a “fucking weirdo” and walked out.
That video opened a floodgate of harassment that tormented Tyner and her family for years: She received insults, accusations of pedophilia, and persistent threats of violence from a Facebook account displaying the name CURTIS COUSINS who called her a “fent-using fat fucking dyke” and told her she deserved to have “a potato peeler peel her clit right off to the bone.”
“I never know if this week or 10 years from now somebody’s gonna show up [to my business] based on some kind of misinformation that Moms for Liberty started about me [or] want to harm me and my family,” Tyner, who owns a tattoo shop, told Uncloseted Media.
Indian River County is home to one of the first of M4L’s 320 chapters nationwide. The group’s annual summit is this weekend and will feature a variety of politicians with anti-LGBTQ track records, including Oklahoma’s former state superintendent Ryan Walters, who made headlines for making anti-trans comments after the death of 16-year-old trans teen Nex Benedict. Last year, conservative heavyweights spoke at the event, including President Trump, Tulsi Gabbard and Sebastian Gorka.
Over the last four years, M4L have built a reputation for chaos and controversy. Members have made the news for quoting Hitler, stripping at a school board meeting and offering bounties to report teachers who teach about “critical race theory.”
At one point in Indian River County, close allies of M4L made up a majority of the school board where they pressured the district to ban scores of books, many of which contain LGBTQ themes, and reverse a racial equity policy—all while harassing, doxing and defaming their adversaries.
Maurice Cunningham, a retired professor of political science from the University of Massachusetts, says what’s playing out in Indian River County is a microcosm for so many other chapters across the country.
“[The media are] falling like suckers for this story that they’re a grassroots moms organization. They are not, they are connected to … the far right establishment,” he says. “And that’s become … more and more apparent. So this whole grassroots thing is hogwash.”
Beginnings
Moms for Liberty was founded in Florida in 2021 by three current and former school board members: Tiffany Justice, Tina Descovich and Bridget Ziegler, the latter of whom has since left the group after being involved in a sex scandal wherein her husband allegedly prowled local bars to solicit women for threesomes.
Shortly after M4L launched, Justice tapped Jennifer Pippin, who had made a name for herself for leading activism against COVID-19 restrictions, to lead the chapter for her home county, Indian River.
While the anti-mask circles that would later be folded into M4L always had a conservative lean, multiple county residents told Uncloseted Media that the group’s discriminatory views were not initially apparent.
Tyner, a lesbian who identifies as politically independent, actually felt welcomed by the group when she worked with them on their anti-mask mandate advocacy. However, that changed as M4L’s focus turned towards opposing LGBTQ inclusion measures in schools.
“Once they organized and got the appearance of a grassroots start … and many people in the community that were siding with them, it’s like they took the steering wheel and they just steered another direction,” she says.
When Tyner began speaking up against this rhetoric, she says she was blocked from the group’s Facebook pages. But as she continued to oppose them publicly, Justice offered to meet with her to address her concerns.
Over breakfast at a local cafe, Tyner says Justice gave her a “scripted” response in the hopes of winning back her support. She even invited Tyner to an M4L chapter meeting. However, Tyner declined as the meeting was allegedly to be hosted by a community member who had made an online post suggesting necrophilia and pedophilia are part of the LGBTQ umbrella.
“I was like, ‘Alright, this is not a good or a safe movement,” says Tyner.
Justice did not respond to a request for comment. In an email, Pippin told Uncloseted Media that M4L have “members and members children that are LGB in [their] chapter and across the country.”
Another local parent, who requested anonymity due to concerns about his job security, says while he’d initially been on board with M4L’s parental rights advocacy, he ran into conflict with the group when they started opposing the school district’s racial equity policies and tried to ban books with antiracist themes, including Ibram X. Kendi’s “Antiracist Baby”and “Stamped: Racism, Antiracism, and You.” Like Tyner, he says he was approached by Justice and Pippin to win him over again but was ultimately unconvinced.
After he split from M4L, he began publicly criticizing the group’s book bans. In retaliation, some M4L members accused him of supporting pedophiles.
When he reached out to Pippin to ask for the people making such accusations against him to be held accountable, he says she waved him off—all while blocking him on social media and accusing him of “bullying.” He also says that she doxed him after another dispute—a major factor in his decision to remain anonymous.
“Her response to me basically was ‘free speech,’ ‘we don’t control what our members say.’ And I’m like, ‘But Jennifer, you know me, and you know I’m not a pedophile, and this is unacceptable,’” he told Uncloseted Media.
Building Political Power
The Indian River County School District’s J.A. Thompson Administrative Center. Photo by Kiran891.
Efforts to ban LGBTQ and racial justice-related books in schools are part of M4L’s national ammo that helped them quickly explode in popularity.
Cunningham says M4L were boosted by high-profile connections on the right. Ziegler and Descovich both served as presidents of the Florida Coalition of School Board Members, a group billed as a conservative alternative to the Florida School Board Association. Ziegler’s husband, Christian, was vice chairman of Florida’s Republican Party at the time and worked as a media surrogate for the Trump campaign in 2016.
Since their launch, M4L have had their conferences and events sponsored by the Heritage Foundation and the Leadership Institute; were directly advised by Leadership Institute founder Morton Blackwell; and were a part of Project 2025’s advisory board. And this summer, Justice was hired as executive vice president of Heritage Action.
In 2022, the Indian River County chapter leveraged this influence to carve out power in local government: They got two close allies, Jacqueline Rosario and Dr. Gene Posca, elected to the school board, and they developed closerelationships with the Ron DeSantis-backed county sheriff Eric Flowers. Pippin was even appointed by Florida’s Department of Education to a statewide workgroup to develop compliance training for Florida’s classroom censorship policies, including the infamous “Don’t Say Gay” law.
As M4L became notorious for pushing exclusionary measures in schools, some officials—including school board member Peggy Jones—criticized the group. In retaliation, Jones reportedly received so many death threats that the district had to increase security detail at all school events where she was present.
In the midst of increasing chaos surrounding M4L, the group mounted a campaign of hundreds of requests to ban books containing “sexual content.”
While some librarians continued to hold the majority of books where bans were unsuccessful, M4L convinced Flowers to investigate one school library, alleging that keeping the books on the shelf could constitute a sex crime. While the investigation found that no crime had been committed, Flowers concluded that “we do not feel that this content is appropriate for young children,” putting even further pressure on local librarians.
Pippin at the school board meeting in August 2023. Photo via YouTube.
This kind of direct action proved very effective. Even the reading protest where Tyner was escorted out won them 34 additional book bans from a unanimous board vote.
“You can’t deny that the kind of tactics that they have have been useful,” Cunningham says. “Some of the places they’ve taken over, [including] Sarasota County, where Bridget Ziegler was on the board, became much more conservative over the past few years.”
Silencing Opposition
In addition to school board meetings, the group has a track record of trolling progressive events. Tyner and the anonymous parent remember an incident where a group of M4L members showed up to a local National Association for the Advancement of Colored People (NAACP) meeting that had been organized to discuss plans for opposition against new state regulations that required classes to portray slavery in a more positive light.Tyner says white M4L members attempted to shout down NAACP speakers, with one member allegedly using the n-word. Thomas Kenny, a M4L member who was at the event, said this “did not happen” and that one of their members using the n-word is “an absolute lie.”
Cunningham says these disruptions are part of M4L’s playbook. He pointed to the example of Jennifer Jenkins, the liberal school board member who unseated Tina Descovich in neighboring Brevard County, who says protestors spurred by M4L have turned up outside her home calling her a pedophile and burning “FU” in her lawn.
“They [use the] same kind of tactics … over and over again,” says Cunningham.
Pippin
Chapter leader Jennifer Pippin has mastered those tactics, becoming widely known as one of the most influential book banners in the country. She’s also made headlines for filing a complaint against the Kilted Mermaid, a Vero Beach wine bar, alleging that they had hosted an all-ages drag event with sexual content, which the bar owner denies. M4L rallied against the bar online, spamming the posts of one of the bar’s drag performers, telling the queen to “stay away from children.” This stunt caught the attention of Florida’s Attorney General James Uthmeier, who launched an investigation and issued subpoenas for video recordings of the bar on the day of the event as well as identifying documents for employees and performers.
Pippin has also claimed to be a nurse, despite no public records showing that she has a license, and appeared on the antisemitic and homophobic far-right news website TruNews, where she claimed, without evidence, that anti-M4L activists have been killing pets and livestock owned by the group’s members.
Fear
Tyner and the other anonymous parent both say that they’ve had to take a step back from the school board and local activism because of the toxic environment M4L have created.
“It’s been turned into such a circus,” Tyner says.
In the meantime, things have gotten worse for the LGBTQ community in Indian River County, and in Florida overall, between the “Don’t Say Gay” law and anti-LGBTQ legislation that requires teachers to deadname trans students unless they have signed parental permission slips. The anonymous parent says he’s watched many of the LGBTQ people in his life, including one of his own children, who is a teacher, leave the state due to the hostile environment.
“It’s not safe for a lot of people,” he says.
Greener Pastures?
Despite all of this, a sea change may be on the horizon. A 2024 Brookings report found that the success rates of M4L-endorsed candidates were on the decline, and in Indian River County’s elections last year, both of M4L’s school board candidates lost. With the continued controversies of the Trump administration and the growing popularity of groups that oppose M4L’s ideology, Cunningham feels the tide may be turning for M4L’s influence in Indian River County and across America.
“In school board races, the Moms for Liberty label is toxic, so try to not get attached to that,” he says. “They’ve had quite an impact … I don’t wanna downplay that. But in terms of popular appeal and growth, I think it’s much more limited than it is portrayed.”
Editor’s Note: In an email, Jennifer Pippin responded to the allegations made about her in this story. You can read them here.
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Steve Bannon, former advisor to U.S. President Donald Trump, arrives for a hearing at Manhattan Criminal Court on February 11, 2025 in New York City. Michael M. Santiago/Getty Images
With Republicans and Democrats embroiled in a fight over redistricting around the country, GOP operatives are beginning to openly discuss their plan to leverage institutional power — from statehouses to the Supreme Court — to usher in a near-unbreakable House majority.
In Texas, Republicans are pushing forward a plan to create five new GOP House seats, which alone could be enough to prevent Democrats from retaking the House in the 2026 midterms. The new Texas maps are part of a larger redistricting play, in which Republicans think they can squeeze out a dozen new GOP seats from states such as Texas, Florida, Missouri and Indiana.
The redistricting play from Republicans, however, is only part of a larger campaign to totally change the state of play in the House of Representatives. If successful, that effort could see Republicans pick up more than 40 seats without having to win any more support from voters, according to GOP operatives.
GOP strategist Alex deGrasse, an advisor to Rep. Elise Stefanik, R-N.Y., spoke about the emerging plan on Steve Bannon’s “War Room,” outlining three changes that Republicans are counting on to bail them out of potential democratic accountability: partisan gerrymandering; a Supreme Court ruling that guts the Voting Rights Act; and an unprecedented and unconstitutional mid-decade Census.
“You’ve got these three vectors,” deGrasse said. “Back of the envelope map this morning — when I woke up with a smile — was Democrats could lose 42 seats.”
Potentially the most important part of this plan hangs on the fate of Section Two of the Voting Rights Act of 1965. This section of the landmark civil rights law generally bans race-based discrimination in voting laws, and has been an important part of the legal framework that currently guarantees House districts where the majority of the voters are a minority group. This then allows members of that minority group the ability to elect their chosen representative.
The case before the court directly concerns one of Louisiana’s two majority-Black districts, with the group of voters who brought the case seeking to overturn the current map used in the state. Republicans, however, are hoping the Supreme Court will issue a maximalist ruling that would allow their party to dilute minority voters in the South, effectively eliminating Black representation in Congress in swaths of the country. This would also, in effect, eliminate many Democratic seats across the South.
The Republican dominated Supreme Court has steadily dismantled the Voting Rights Act in recent decades, with Shelby County v. Holder in 2013 allowing some states, mostly concentrated in the South, to change the rules and procedures around voting without a federal review.
The potential gains for Republicans here are huge. In 2024, there were 141 majority-minority House districts;119 of these districts elected Democrats to represent them.
The specific number of seats that Republicans would be able to pick up through a change in the Voting Rights Act would depend on the specifics of the ruling, as well as practical constraints on the GOP’s ability to gerrymander. Still,it’s clear Republicans are hoping to be given a free hand to eliminate majority-minority districts altogether.
“The other third aspect that we’re talking about here, Steve, is that voting rights are up in the Supreme Court; they said, ‘Hold on, do we need race-based seats? Does this go against the 14th and 15th Amendments? And does the Constitution supersede racial seat drawing?” deGrasse said.
The third part of the GOP plan, alongside the current round of redistricting and their hopes at the high court, has to do with President Donald Trump’s ordering of a new mid-decade Census.
Stephen Miller, Trump’s White House deputy chief of staff, signaled at the purpose of Trump’s mid-decade Census plan when he claimed on Fox News that “Democrats rigged the 2020 Census by including illegal aliens.” Miller made these claims despite the fact that Trump was president and in charge of the 2020 Census.
For context, non-citizens have been counted in every Census since 1790, and the framers of the Constitution explicitly included non-citizens in the Census by stating in Article One that it shall count the “whole number of persons in each state.” For the 2020 Census, Trump also pushed to have a question about citizenship included in the Census, acknowledging that the Census was meant to count all persons in the United States, including noncitizens.
Miller went on to reveal the goal of Trump’s mid-decade Census plan, saying that “20 to 30 House Democrat seats wouldn’t exist but for illegal aliens.”
Charlie Kirk, the right-wing activist who maintains a personal line of communication with Trump, indicated in an interview with the Daily Caller that the Census scheme would also help to lock Democrats out of the presidency and “potentially subtract 20 electoral votes from Democrats in the electoral college system, as congressional seat appropriation is directly correlated with Electoral College totals.” Kirk is a co-founder of Turning Point USA, an organization dedicated to indoctrinating high school and college-age students in conservative ideology. The organization was also among the groups Trump’s 2024 campaign delegated get-out-the-vote efforts to.
The GOP’s Census plan will almost certainly be challenged in court. Federal law holds that a mid-decade Census can be conducted, but not used for apportionment. And, since the country’s founding, the U.S. has conducted a Census once a decade for the purposes of apportionment.
Democrats in Texas say that this current push from the Republicans — to totally reconfigure American elections to retain power — should be a wake-up call.
Texas state Rep. Venton Jones, the House minority whip in Texas, told Salon that national Democrats need to realize that “there’s a bigger plan at play and we need to wake up and address that as a nation.”
“We have to continue to overperform to at least get back the majority and be ready for an electoral fight when that happens, because we’ve already seen what happens when this president, or even this Congress, doesn’t get what they want,” Jones said. “They don’t always play by the rules. They just change the rules to make it benefit them.”
So much for the will of the voters and the desires of the public. Republicans do not want democracy, they want a one party authoritarian rule with them in charge. Hugs
Voters in GOP-controlled states are passing progressive policies at the ballot—only to watch Republican legislators repeal them. Will it change how voters choose candidates?
ASSOCIATED PRESS
Missouri Governor Mike Kehoe
Last November, Missouri voters approved a ballot measure guaranteeing paid sick leave to workers in the state and raising the minimum wage, which will reach $15 an hour in 2026. It passed by a solid 58 percent.
But last month the Missouri legislature,where Republicans have a supermajority in both chambers,overturned the paid sick leave part of the law, as well as a provision that would have continued to automatically increase the minimum wage in the future. “Today, we are protecting the people who make Missouri work—families, job creators, and small business owners—by cutting taxes, rolling back overreach, and eliminating costly mandates,” Republican Governor Mike Kehoe said in a statement. That’s disingenuous, to say the least. They simply disagreed with the majority of voters—and were under pressure from industry groups like the Missouri Chamber of Commerce and Industry that called the law a “job killer.”
Completely overturning a ballot measure passed by a substantial margin is fairly new and bold, but it’s part of a more recent trend in red states to undermine the will of voters who have passed progressive initiatives at the polls. Increasingly, these approved initiatives are being challenged and weakened by their state legislatures, which may blunt ballot initiatives in general as a progressive policy tool. What happened in Missouri also illustrates the unusual nature of our current state of politics: We’re in the midst of a huge disconnect between what voters want and who they’re voting for to get it. Ballot initiatives make voters feel like they can have it all, choosing policies they like à la carte while voting for candidates based on completely unrelated criteria. It lets legislators off the hook while giving voters a false sense of control. But what’s happening to ballot initiatives in Missouri and other states could be a wake-up call for voters about how they choose candidates.
Twenty-six states allow some kind of ballot referendum process, usually either to amend the state’s constitution or pass new laws, or both. In the recent past, conservative ballot initiatives, like the same-sex marriage ban that passed in California in 2008 (and was overturned by the courts in 2013), were used to drive Republican turnout in an otherwise blue state and try to sway the presidential election. More recently, organizers have focused on passing popular progressive initiatives that legislatures were reluctant to take up, like increasing minimum wages, medical and recreational marijuana legalization, and expanding Medicaid. Many of these measures have proven popular even in majority-Republican states like Arkansas, Florida, Missouri, and Ohio. Last year, Nebraska and Alaska joined Missouri in passing referenda on paid sick leave and the minimum wage.
After the success of those initiatives, states with Republican legislatures hostile to those changes have been trying to find ways to undermine direct democracy. Most often, they pare back statutes so that the laws are less powerful than voters perhaps intended, as Florida has done with felon enfranchisement and gerrymandering initiatives, and Nebraska did with its own paid sick leave law. Other times, states try to revamp the ballot referendum process to make it more difficult to get through. The Arkansas legislature has tried in the past to require a supermajority of 60 percent to pass initiatives, and this year groups in the state are working to enshrine direct democracy rights into the state constitution to prevent more of these efforts. Florida voters passed a ballot initiative requiring a supermajority of 60 percent to amend the constitution in 2006, making a lot of popular changes harder to enact. (Notably, this initiative got 58 percent and wouldn’t have passed under the new rules.)
“We’re in a phase of pushback against the process right now, because the policies have been responding to one direction that the state legislatures have been going for about 15 years, which is in a more conservative direction,” said Craig Burnett, the chair of Political Science at Florida Atlantic University. Responding to the moment may limit conservative lawmakers’ tools in the future, though. “That does swing. You may think this is a good idea today, but you know, tomorrow it may work against you.”
Constitutional amendments are more resilient than new laws passed by referenda because state legislatures can’t tinker with them, and they’ve recently become a battleground over state-level abortion rights. When states try to implement voter-passed statutes, though, the legislatures generally have some authority to decide how they should be implemented, but it’s not always clear what the limits are. Efforts by Republicans to change a referendum that passed in Michigan raising the minimum wage, eliminating the tipped minimum wage, and requiring paid sick leave were overturned by the state’s Supreme Court, and there are questions about how some of those laws will be implemented.
This isn’t always nefarious. Deciding how to implement laws is the job of the legislature, and voters are essentially hiring legislators to do that job for them when they elect candidates. In some cases, asking voters to consider too many referenda, or overly complicated ones, could be seen as shirking their responsibility. In California, for example, voters are asked to weigh in on dozens of initiatives, some of them redundant and counterproductive. Many of these are complicated questions that are better left to legislators.
There’s also a lot of evidence voters don’t always know about the initiatives before they vote on them. That doesn’t mean they don’t realize what they’re voting for—protections like paid sick leave and even longer-term family leave are extremely popular, for example—but they’re not always researching how their elected officials feel about them or what the policies are in their states before Election Day. Practically, that means they might be casting votes in favor of measures while also voting for candidates who wouldn’t support them.
Initiatives also require organized campaigns to collect the signatures and other qualifiers necessary to make it to the ballot, which means the process can be hijacked by millionaires and billionaires who back those campaigns. State officials and campaigns also often wrangle over the language used on the ballot itself, leading to court fights and sometimes to language that is unnecessarily confusing. That can overwhelm voters, turning what is supposed to be direct democracy into another area of politics where big money can distort the process.
Outright repealing popular provisions, however, is new. “Missouri is very pro economic policy, and to see that, it definitely shows that there’s like a new resolve from Republicans to really dismiss the will of the voters and really not care about who they represent,” said Caitlyn Adams, executive director at Missouri Jobs With Justice, which supported the initiative. She said there were some districts where the initiative passed with more votes than the Republican candidates in those districts who later voted to overturn it had. The initiative also had support from small businesses in the state, but the state’s Chamber of Commerce lobbied against it anyway, she said.
Still, ballot initiatives give voters only limited power. Voters approve initiatives they support, but that doesn’t always mean they care enough about the issue they voted for—like paid sick leave—to later vote against a politician who helped to overturn it. Typically, voters have felt more strongly motivated by culture-war issues like abortion than by things like minimum wage laws. Missouri Jobs With Justice is in the early stages of trying to get a constitutional amendment guaranteeing paid sick leave, which would not be vulnerable to legislative tinkering, on the ballot next year. “Ballot initiatives were never a silver bullet,” Adams said. Referencing the Republicans who overturned paid leave, she added, “I think we are going to be spending time telling voters who did this to them; making sure they know who took this away.”
Voters will be impacted by the repeal in varying ways, of course. Many workers already have sick days and paid family leave available from their employers, and since the law had kicked in and some workers were already accruing sick days before its repeal, some businesses may decide to keep the benefits in place. It’s the lowest-paid, most vulnerable workers in the economy who are the least likely to have sick leave and are probably the most vulnerable without laws to enforce. And since the repeal also scrapped a provision that would have protected Missouri workers who actually used their sick leave from being retaliated against, the most vulnerable workers might be unable to actually use any leave they technically have.
We are in the middle of a huge partisan reshuffling. In the past three election cycles, non–college educated voters have shifted to the Republican Party, while the Democratic base, once full of blue-collar and union rank-and-file workers, is now full of college-educated, relatively well-paid white-collar workers. These are workers who already have access to benefits through work, but they are voting for the party with a platform that supports increasing the same benefits for others. At the same time, Republicans seem to have successfully painted Democrats as elite and culturally remote, even while they’re the ones passing tax cuts for the wealthy and generally catering to the whims of business interest groups.
It means that the values that drive people to vote aren’t neatly aligned with personal economic interests—though the degree of this disconnect is still in flux. “We’re not going to be marching to one side of the spectrum and staying there,” Burnett said. “It’s probably more likely to be how it’s been for the last hundreds of years in American politics, which is, we kind of go back and forth, but there is a reasonable expectation that we are going to reshuffle people.” We just don’t know what issue will be the big one that will make that reshuffling settle down a bit, at least until the next major issue upends politics again.
This is the big question hanging over the Democratic Party. For now, however, it’s clear that many of the people who benefited from Biden’s populist economic agenda had no hesitation in voting against him. Adams said future campaigns will also focus on educating voters on candidates who support the initiatives and those who don’t. “We do have to be able to do multiple things at the same time—pass really great statewide policies, and create consequences for elected officials who go against the will of the voters,” Adams said.
But given the Republican assault on ballot initiatives, perhaps it’s also time to educate voters on the problem with depending on these initiatives in the first place. Voters need to decide what policies they want from their political parties—and actually demand them, by choosing candidates accordingly. That remains the surest path to change in this rickety democracy.
Scottie's Playtime 
