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    The Agenda review: why Biden must expand the supreme court – fast

    If Congress follows Joe Biden’s $1.9tn Covid relief bill with an even more ambitious infrastructure bill, the new president could quickly claim the mantle of most transformative president since Franklin D Roosevelt.But this short, powerful new book by the legal journalist Ian Millhiser pinpoints the gigantic threat that could thwart most of the progress embodied in those two pieces of landmark legislation: the new 6-3 conservative majority on the supreme court.Writing clearly and succinctly, Millhiser dissects many of the worst opinions the modern court has rendered about voting rights, administrative law, religion and forced arbitration. After reading his cogent arguments, it becomes perfectly obvious why he thinks it’s necessary to end “with a note of alarm”.The extreme conservatives now steering the highest court may pose the single greatest “existential threat to the Democratic party’s national ambitions – and, more importantly, to liberal democracy in the United States … a Republican supreme court will fundamentally alter the structure of the American system of government” and “is likely to build a nation where … only conservatives have the opportunity to govern”.Trump’s greatest (and worst) achievement was the appointment of 234 federal judges, including three on the supreme courtHow radical are these justices? When the American Bar Association polled experts, 85% of them predicted all or most of the Affordable Care Act would be upheld. Then four supreme court justices voted to repeal it in its entirety. Clarence Thomas has suggested his predecessors were absolutely right to strike down child labor laws more than a century ago. The conservative justices on the current court rarely side with their liberal colleagues in 5-4 decisions – Samuel Alito has never done so. Chief Justice John Roberts dismantled much of the Voting Rights Act in 2013 and many observers think he is likely to join his newest colleague, Amy Coney Barrett, in a ruling this term that could complete the evisceration of the landmark civil rights legislation.Of course, most of the damage to voting rights has been done – and scores of state legislatures are poised to follow the loathsome example of Georgia by doing everything they can to make minority voting every more difficult than it already is.Millhiser does an especially good job of explaining the catastrophic effect of Roberts’ decision to no longer allow the justice department to require local jurisdictions to submit proposed voting rights law changes before they go into effect.This, he writes, gave state lawmakers “a profound incentive to enact gerrymanders and other forms of voter suppression even if those laws will ultimately be invalidated by a court order”, because “if the state gets to run just one rigged election under the invalid law”, it will already have advanced the racist goals of the law’s authors.Millhiser’s book is bulging with examples that prove that the same Republican justices who proclaim the need to rein in the executive branch whenever there is a Democrat in the White House have no trouble at all ignoring their imaginary “judicial philosophies” – as soon, say, as a Republican such as Donald Trump asserts a unilateral right to ban Muslims from entering the US.Trump’s greatest (and worst) achievement was the appointment of 234 federal judges, including three for the supreme court and 54 for the courts of appeals. This means there is only one Biden administration initiative which is potentially even more important than the Covid and infrastructure bills.It is the newly appointed commission charged with carrying out Biden’s campaign promise to investigate whether or not membership of the supreme court should be expanded – something that can be accomplished by a simple act of Congress.It’s no coincidence that Millhiser started making smart arguments to expand the court two years ago.In the words of Aaron Belkin, whose advocacy group Take Back the Court pushed for the rapid creation of the new commission, the current court “is a danger to the health and wellbeing of the nation and even to democracy itself”.“This White House judicial reform commission has a historic opportunity to both explain the gravity of the threat and to help contain it,” Belkin told USA Today.This great short book makes it clear that the breadth of the new commission’s ambitions and the success of the Biden administration in carrying them out will be more important to our nation’s future than everything else the president and Congress accomplish. More

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    On the House review: John Boehner’s lament for pre-Trump Republicans

    In October 2015, John Boehner abruptly vacated the speaker’s chair. Confronted by a hyper-caffeinated Freedom Caucus, the Ohio congressman announced his retirement singing Zip-a-Dee-Doo-Dah. He walked before they made him run.By all indications, Boehner is happier on the outside – advising high-priced clients, pushing marijuana liberalization. The distance between Boehner’s unfiltered Camel cigarettes and Kona Gold is shorter than the chasm between the Republicans and Coca-Cola.Against the backdrop of the Trump-induced insurrection of 6 January, On the House delivers a merlot-hued indictment of Republican excesses and heaps praise on those who play the game with aplomb – regardless of party.Nancy Pelosi gets props for “gutting” the late John Dingell, a senior midwest Democrat, like a “halibut she found floating around San Francisco Bay”. Boehner posits that Pelosi may be the most powerful speaker ever.Likewise, Mitch McConnell receives a shoutout even after dressing down the author, saying: “I’ll never presume to know more about the House than you do. And trust me, you’ll never know as much about the Senate as I do.” Boehner offers no pushback.Boehner expresses contempt for Senator Ted Cruz and Mark Meadows, a former North Carolina congressman who became Donald Trump’s final chief of staff. As for Flyin’ Ted, Boehner is unsparing: “There is nothing more dangerous than a reckless asshole who thinks he is smarter than everyone else.”PS, Ted Cruz: Go fuck yourselfNot surprisingly, Boehner finds the Cruz-led government shutdown of 2013 to have been senseless. On the other hand, the GOP recaptured the Senate a year later. Regardless, one audio clip of Boehner reading On the House concludes: “PS, Ted Cruz: Go fuck yourself.”As for Meadows, Boehner campaigned for him, only for Meadows to oppose Boehner’s election as speaker, then offer a surprising, moist-eyed apology.“I wondered what his elite and uncompromising band of Freedom Caucus warriors would have made of their star organizer on the verge of tears,” Boehner writes. “But that wasn’t my problem.”On the House also serves bits of vaguely remembered history, like Boehner’s attempt to make the late justice Antonin Scalia Bob Dole’s Republican running mate against Bill Clinton in 1996. Boehner met with Scalia. Scalia was open to the idea but Dole picked Jack Kemp, a former quarterback, congressman and cabinet officer. The senator from Kansas did Scalia a favor. Dole lost badly.More puzzling is Boehner’s continued embrace of Dick Cheney, George W Bush’s vice-president and a former Wyoming congressman. In Boehner’s words, Cheney was a “phenomenal partner” for the younger Bush and the two made a “great team”. He makes no mention of Cheney’s role in the run-up to the Iraq war, though he does detail his own deliberations on voting to authorize the Gulf war under Bush Sr.By the time George W’s time in the White House was done, his relationship with Cheney had grown distant and strained. The marriage of convenience reached its end. Perhaps Boehner knows something Cheney’s old boss doesn’t.On the House offers a clearer assessment of Newt Gingrich’s skillset and foibles. Like Boehner, Gingrich was speaker. He was also responsible for ending decades of Democratic control of the House. But Boehner crystalizes Gingrich’s inability to help run a co-equal branch of government. Politics isn’t always tethered to bomb-throwing. Governing is about the quotidian. Gingrich couldn’t be bothered.The book acknowledges the visceral hostility of the Republican base toward Barack Obama. After Boehner announced that he believed that Obama was born in the US, he caught a blizzard of grief. The GOP’s embrace of fringe theories remains.Boehner describes his attempts to reach compromises with Obama on “fiscal issues” and immigration. On the former, he acknowledges Obama’s efforts. On the latter, he contends that Obama would “phone it in” and “poison the well” for the sake of partisan advantage.Based upon the 2016 election, Obama bet wrong. Open borders are a losing proposition. On the other hand, so is opposing the Affordable Care Act amid an ongoing pandemic and the aftermath of the great recession. Specifically, Boehner claims credit for dismantling Obamacare “bit by bit”, pointing to the rollback of the medical device tax. Incredibly, he claims “there really isn’t much of Obamacare left.”Really? Boehner definitely gets this wrong.The Kaiser Family Foundation reports that the number of uninsured non-elderly Americans dropped from more than 46.5 million in 2010 to under 29 million in 2019. Also, about 9 million purchase subsidized health insurance with federal premium assistance.If the theatrics of the Trump administration and the Republican challenge pending before the supreme court teach us anything, it is that Obamacare is very much alive. When it comes to government spending, the Republican donor and voting bases don’t necessarily sing from the same hymnal.Like most people, Boehner’s relationship with Trump ended worse than it began. Early on, Trump reached out. Less so with the passing of time. Boehner chalked that up to Trump getting comfortable in his job but also surmises: “He just got tired of me advising him to shut up.”Days after the insurrection but before the Biden inauguration, Boehner said Trump should consider resigning. The 45th president had “abused the loyalty of the people who voted for him” and incited a riot.Boehner admits that he was unprepared for the aftermath of Trump’s defeat. The insurrection “should have been a wake-up call for a return to Republican sanity”. It wasn’t. Marjorie Taylor-Greene, the congresswoman from QAnon, has amassed a $3.2m re-election war chest. “The legislative terrorism” Boehner had witnessed helped birth “actual terrorism”.Boehner is confident about Americans, “the most versatile people God put on earth”. As for the survival of the American conservative movement, he is less optimistic. More

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    Beautiful Things review: Hunter Biden as prodigal son and the Trumpists' target

    Robert Hunter Biden is not a rock star. Instead, the sole surviving son of Joe Biden – senator, vice-president, president – is a lawyer by training and a princeling by happenstance. Regardless, life on the edge comes with consequences.As Hunter Biden grudgingly acknowledges in his memoir, comparisons to Billy Carter, Roger Clinton or the Trump boys, appendages to power who sought to capitalize on proximity, may be apt. Indeed, Biden cops to the possibility that his name might have had something to do with his winding up on third base without hitting a triple.“I’m not a curio or a sideshow to a moment in history,” he writes, defensively, channeling the mantra of those with parents in high places: “I’ve worked for someone other than my father, rose and fell on my own.”But Biden is not content to leave well alone. Instead, he announces: “Having a Biden on Burisma’s board was a loud and unmistakable ‘fuck you’ to Putin.” He protests too much.Glossed over by Beautiful Things is that while his overseas venture may have ended up at the heart of Donald Trump’s first impeachment, it also discomforted Barack Obama’s White House. Confronted with Hunter’s foray into Ukraine and the energy business, the 44th president’s spokesman, Jay Carney, declined to express support.“Hunter Biden and other members of the Biden family are obviously private citizens, and where they work does not reflect an endorsement by the administration or by the vice-president or president,” said Carney, back in 2014.Hunter possesses little filter. His craving for absolution is hardwiredBiden also portrays the relationship between his father and the Obama crowd as uneven to say the least. He points a finger at David Axelrod, an Obama counselor who played naysayer to Joe Biden’s chances in 2020, on CNN.Hunter recounts the aftermath of a conversation between his father and then-secretary of state Hillary Clinton, about Afghanistan: “Goddamnit … Axelrod’s gotten in her ear!”As for Clinton, Biden elides the tension that existed between his father and the 2016 nominee. It wasn’t just about Obama encouraging Clinton. Back then, Joe Biden was scared of running against her.In Chasing Hillary, written by Amy Chozick in 2018, Joe Biden is paraphrased as saying to the press, off the record: “You guys don’t understand these people. The Clintons will try to destroy me.” Hell hath no fury like a Clinton crossed.The younger Biden’s book shows flashes of his grasp of power politics. But he also demonstrates a continuous blind spot for his own predicament. Confession should not be conflated with self-awareness.Biden recounts a conversation with Kathleen, his first wife, after the funeral in 2015 of Beau, his brother. He goes so far as to muse about running for office – despite his multiple addictions, all now detailed extensively on the page, and the ups-and-downs of his marriage.She responds: “Are you serious?”That Biden even went there is beyond puzzling. Or as he puts it, “I underestimated how much the wreckage of my past and all that I put my family through still weighed on Kathleen.”This was before Biden commenced an affair with his late brother’s wife.Hunter possesses little filter. His craving for absolution is hardwired.Describing a series of interviews he granted to the New Yorker’s Adam Entous, regarding Burisma, Ukraine and all that, he writes that he “didn’t know how cathartic the experience would be”. For good measure, he adds: “It was my opportunity to tell everyone out there, ‘This is who I am, you motherfuckers, and I ain’t changing!’”The italics are his.Through it all, Joe Biden is shown as a loving and caring father, like the dad in the story of the prodigal son. Biden depicts his father’s efforts to intervene in his personal nightmare and the times he rebuffed such entreaties. The family’s Catholicism is present throughout his book.The empathy and emotion Joe Biden conveys on television are part of who he is. His own setbacks and suffering helped elect him amid a terrible pandemic. Whatever facade exists is thin – and transparent.That said, the president’s capacity to forgive his son’s trespasses makes recent stories of his low tolerance for prior marijuana use among political appointees hard to comprehend.Beautiful Things is smoothly written and quickly paced. We know how and where the story ends. Hunter Biden appears to have found happiness in his second marriage. His father is now president.Still, the son cannot hide his bitterness in being turned into the whipping boy of the Trump campaign. The ex-president is “a vile man with a vile mission” who sank to “unprecedented depths” in his bid to retain power. The 6 January insurrection was vintage Trump. Charlottesville was prelude.Recent events offer Hunter Biden some measure of personal vindication and schadenfreude. A report by the National Intelligence Council (NIC) assessed that he and his father were targeted by Russia as part of campaign to swing the election in favor of Trump.According to the NIC, Moscow used “proxies linked to Russian intelligence” –including “some close to former President Trump and his administration” – “to push influence narratives including misleading or unsubstantiated allegations against President Biden”. Rudy Giuliani looks like a Kremlin dupe.But it doesn’t end there. In December 2019, the Florida congressman Matt Gaetz belittled Hunter Biden for his substance abuse. It was a no-holds barred takedown, unleavened by Gaetz’s own history of drinking and driving.Timing is everything. Biden returns the favor in his book, calling Gaetz a “troll”. On Tuesday night, Gaetz admitted to being under justice department investigation “regarding sexual conduct with women” and allegedly trafficking a 17-year-old girl. More

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    Justice, Justice Thou Shalt Pursue review: how Ruth Bader Ginsburg changed America

    Two and a half years ago, at a naturalization ceremony for newly minted Americans, Ruth Bader Ginsburg asked: “What is the difference between a bookkeeper in New York City’s garment district and a supreme court justice?”Her answer: “One generation … the difference between opportunities available to my mother and those afforded me.”From this new selection of Ginsburg’s arguments, speeches and opinions – the justice’s greatest hits – it is clear she deserves at least as much credit as any other American for that remarkably rapid transformation.This book is full of evidence that even in a nation like ours, where over the last 50 years the concentration of power in the hands of the top 1% has steadily worsened, a brilliant and determined individual with the right alliances can still bring about extraordinary change within her own lifetime.The book’s co-author, Amanda L Tyler, writes that Ginsburg’s work for gender equality is comparable to Justice Thurgood Marshall’s trailblazing quest to dismantle segregation.The burning determination of the gay activist Frank Kameny similarly transformed the status of LGBTQ people – and Ginsberg’s commitment to equal rights for all meant that she ended up doing just as much to expand the rights of sexual minorities as she did for the rights of women.Looking back from the third decade of the 21st century, the breadth and depth of the discrimination women of Ginsberg’s generation faced at the beginning of their careers is astonishing.Harvard Law School never allowed a woman student until 1950. When Ginsburg entered, in 1956, she was one of just nine women in a class of 500. Across America, women were routinely excluded from jury pools. Through the 1960s, the supreme court even declined to disturb a law that prohibited women from bartending “unless they did so under the auspices of a husband or father”.In 1963, when she started teaching law at Rutgers, Ginsburg was only the 19th woman professor at an American law school – and the dean proudly disobeyed the newly passed Equal Pay Act by paying her much less than her male colleagues, because she had a “husband with a well-paid job”.Ginsburg’s determination was obvious. When she was still in law school, her husband, Marty, developed a virulent form of cancer. They also had an infant daughter. But neither handicap prevented her or her husband from excelling in their studies and she actually described her child-rearing duties as an advantage in law school, because they gave her a more balanced life than most of her classmates.“Each part of my life was a respite from the other,” Ginsberg explained, six decades later. “After an intense day at the law school, I was glad to have the childcare hours. And then when Jane went to bed, I was ready to go back to the books. I think it was an appreciation that there is more to life than law school that accounts for how well I did.”In one of the first cases she litigated with her husband, in 1971, Moritz v Commissioner of Internal Revenue, they argued that Charles Moritz, a never-married man who cared for his mother, was denied a caregiver deduction a woman in his position would have received.Congress amended the law to permit all caregivers to claim the deduction going forward, but the government kept the appeal going anyway. It was then that Ginsburg received her greatest gift from her adversary: a list of every provision in the United States Code that differentiated on the basis of sex.“There it was, right in front of us,” she recalled, “all the laws that needed to be changed or eliminated … it was our road map, a pearl beyond price, that list of federal statutes.”In the 60s, excelling in law school didn’t mean a woman would be a strong candidate to be hired by any of the fanciest firms. But in retrospect Ginsberg agreed with the first woman on the supreme court, Sandra Day O’Connor, that even this kind of adversity had its advantages.Ginsburg often repeated O’Connor’s comment: “Suppose you and I had gone to law school … when there was no barrier to women in the legal profession. Where would we be now? We would be retired partners of a large law firm.” But because they had to find a different path, “both of us ended up on the US supreme court.”This book is also a reminder of the wisdom of Vincent Scully, the great Yale architectural historian, who noted just two years after Ginsburg was appointed to the court that “ours is a time which, with all its agonies, has … been marked most of all by liberation” – black liberation, women’s liberation and gay liberation.“Those movements, though they have a deep past in American history, were almost inconceivable just before they occurred,” Scully said. “Then, all of a sudden in the 1960s, they burst out together, changing us all.”Ginsberg’s energy and perspicacity gave her a singularly important role in bringing about many of those fundamental changes. More

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    White people, black authors are not your medicine | Yaa Gyasi

    In 2018, two other novelists and I were being driven back from a reception in Grosse Pointe, Michigan, to our hotel in downtown Detroit, when we saw a black man getting arrested on the side of the road. The driver of our car, a white woman who had spent the earlier part of the drive ranting about how Coleman Young, Detroit’s first black mayor, had ruined the city, looked at the lone black man surrounded by police officers with their guns drawn and said: “It’s good they’ve got so many on him. You never know what they’ll do.”
    Two years before, I had published my first novel, Homegoing, a book that is, among other things, about the afterlife of the transatlantic slave trade. The book thrust me into a kind of recognition that is uncommon to fiction writers. I was on late-night shows and photographed for fashion magazines. I did countless interviews, very little writing. The bulk of my work life was spent touring the country giving various readings and lectures. I spent about 180 days of 2017 either at an event, or travelling to or from one. By the time that car ride in Michigan came around, I was exhausted, not just by the travel but by something that is more difficult to articulate – the dissonance of the black spotlight, of being revered in one way and reviled in another, a revulsion that makes clear the hollowness of the reverence.
    The next morning, I delivered my address to a room full of people who had gathered for a library fundraiser, an address where I insisted, as so many black writers, artists and academics have before me, that America has failed to contend with the legacy of slavery. This failure is evident all around us, from our prisons to our schools, our healthcare, our food and waterways. I gave my lecture. I accepted the applause and the thanks, and then I got into another car. It was a different driver, but it was the same world.
    I was thinking about that driver’s words again last summer as news poured in about the killings of George Floyd, Ahmaud Arbery and Breonna Taylor. I was thinking about the way in which white people, in order to justify their own grotesque violence, so often engage in a kind of fiction, an utterly insidious denialism that creates the reality it claims to protest. By which I mean an unwillingness to see the violence that is actually happening before you because of a presumption of violence that might happen, is itself a kind of violence. What exactly can a man with a knee on his neck do, what can a sleeping woman do to deserve their own murder? To make room for that grotesqueness, that depraved thinking, to believe in any murder’s necessity, you must abandon reality. To see a man with several guns aimed at him, his hands on his head, as the problem, you must leave the present tense (“It’s good they’ve got so many on him”) and enter the future (“You never know what they will do”). A future, which is, of course, entirely imagined.

    I make my living off my imagination, but this summer, as I watched Homegoing climb back up the New York Times bestseller list in response to its appear­ance on anti-racist reading lists, I saw again, with no small amount of bile, that I make my living off the articulation of pain too. My own, my people’s. It is wrenching to know that the occasion for the renewed interest in your work is the murders of black people and the subsequent “listening and learning” of white people. I’d rather not know this feeling of experiencing career highs as you are flooded with a grief so old and worn that it seems unearthed, a fossil of other old and worn griefs.
    When an interviewer asks me what it’s like to see Homegoing on the bestseller list again, I say something short and vacuous like “it’s bittersweet”, because the idea of elaborating exhausts and offends me. What I should say is: why are we back here? Why am I being asked questions that James Baldwin answered in the 1960s, that Toni Morrison answered in the 80s? I read Morrison’s The Bluest Eye for the first time when I was a teenager, and it was so crystalline, so beautifully and perfectly formed that it filled me with something close to terror. I couldn’t fathom it. I couldn’t fathom how a novel could pierce right through the heart of me and find the inarticulable wound. I learned absolutely nothing, but some minor adjustment was made within me, some imperceptible shift that occurs only when I encounter wonder and awe, the best art.
    To see my book on any list with that one should have, in a better world, filled me with uncomplicated pride, but instead I felt deflated. While I do devoutly believe in the power of literature to challenge, to deepen, to change, I also know that buying books by black authors is but a theoretical, grievously belated and utterly impoverished response to centuries of physical and emotional harm. The Bluest Eye was published 51 years ago. As Lauren Michelle Jackson wrote in her excellent Vulture essay “What is an anti-racist reading list for”, someone at some point has to get down to the business of reading.
    And it’s this question of “the business of reading”, of how we read, why we read, and what reading does for and to us, that I keep turning over in my mind. Years ago, I was at a festival with a friend, another black author, and we were trading stories. She said that the first time she did a panel with a white male author she was shocked to hear the questions he was asked. Craft questions. Character questions. Research questions. Questions about the novel itself, about the quality and the content of the pages themselves. I knew exactly what she meant. More

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    This is the Fire review: Don Lemon's audacious study of racism – and love

    Don Lemon’s new memoir is an audacious and improbable book by a remarkable man. “We must summon the courage to love people who infuriate us, because we love the world we share,” he writes, near the start.

    Relatively young, a short 20 years ago, the CNN anchor was almost unknown. How then, without seeming arrogant or pompous, does he place his life and his experience beside the best-known champions from the pantheon of Black freedom fighters? Invoking the zeal and courage of Dr King and Sojourner Truth, portraying even the proscribed accomplishments of Hattie McDaniel and Butterfly McQueen in the same light of heroic survival, his is a voice as essential for our time as Ta-Nehisi Coates and as compelling as Caroline Randall Williams.
    Lemon was initially a Republican, he tells us, from a time in his Louisiana homeland when Republicans were still pro-civil rights. He has taken a circuitous route to ardent Black activism. He revealed three sensational secrets in a 2011 memoir, Transparent, and seemed destined to become a media star akin to Oprah Winfrey. But his nightly broadcasts as the only African American anchor in prime time, his Zoom chats and podcast on racism have been calculated towards his rise. Affectingly, he appeals to a growing fanbase by relating that success notwithstanding, his was a life as troubled as their own.
    For one thing, his parents hadn’t been legally wed. His mother, working for his dad as a legal secretary, was married to another man, his father to another woman. His dad died when Lemon was nine and his divorced mom remarried. His family were loving and even his relationship with his stepfather was good. But he realized he was a “double negative” – gay and Black – living in the south, undoubtedly confused by childhood sexual assaults at the hands of a friend of his mother. He overcame all of this but one media instructor later told him: “I don’t know why you’re here. You’ll never be a newscaster.”
    But he was, and he took off. And then, around 2014, he seemed to change. Out of the blue, he was hectoring Black youth on air to “pull up their pants!” Denouncing a rebel fashion which endures on account of its effectiveness at pissing off old people, particularly old white authority figures? One wondered, was he embracing Bill Cosby’s “respectability” political stand? Admonishing youth about the importance of being married before starting a family, even endorsing the value of New York’s discriminatory stop-and-frisk policing, many reasoned Lemon must be trolling for ratings from the enemy. Some denounced him as an “Uncle Tom”.
    The change of Lemon’s disappointing trajectory began before Trump. Certainly the threat the former president posed helped to radicalize someone who often seems happiest finding and presenting both sides. Trump’s recurring slur of “stupid”, alternating with, “the stupidest!”, was consistently met with good-natured laughter and ever more incisive analysis. Trump was Lemon’s trial by fire. White-hot, through it he was refined. From a mere Black pundit he was transformed into a tested, un-cowed combatant in the struggle for civil rights.
    Beginning with a cautionary letter to his nephews and nieces with his white fiance, Tim Malone, Lemon purposefully emulates his hero, James Baldwin. Explaining the killing of George Floyd, Lemon deliberately imitates a letter Baldwin wrote to his nephew in 1963. It is a preamble to a plea to learn all one can about the past. He warns of the omnipresence of patriarchal white supremacy, the west’s original sin.
    “Racism is a cancer that has been metastasizing throughout the land ever since Columbus showed up,” he states, making an excellent argument for replacing all memorials to Columbus with tributes to Frank Sinatra.
    Elucidating on the extent to which the wealth and might of America was derived from land appropriated from Native Americans and labor coerced from red, brown and especially enslaved Black Americans, he notes that even enterprises not directly involved in slavery benefited from the exploitative system. More

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    Ken Burns’ Misunderstanding of Pronouns

    Last week, David Marchese interviewed filmmaker Ken Burns for The New York Times. It came on the occasion of yet another in the growing series of Burns documentaries about the iconic people, objects and trends that most Americans recognize as the pillars of their culture. They include baseball, jazz, the Roosevelts, the Civil War, the Brooklyn Bridge and the war in Vietnam, among many others. The latest, which will premiere next month, is on Ernest Hemingway.

    Marchese detects an underlying motive in Burns’ work: the wish to affirm and highlight the importance of certain historical artifacts, if only to remind sometimes forgetful Americans that they possess a common culture. Burns is engaged in a valiant effort to convince Americans that they must recognize a powerful cultural identity capable of uniting them. Burns wants his fellow citizens to believe that military might and monetary clout are not the only forces that define American exceptionalism. He believes that the soft power conveyed by remembering the cultural icons and important moments of the past may endow the nation with a new source of vigor.

    As Marchese notes, Burns wishes to correct the impression that the nation is condemned to flounder in an increasingly complex set of culture wars that, to all appearances, have undermined the once vibrant national spirit. Burns, a 67-year-old baby boomer, admits his attachment to the feelings of pride he experienced in his youth when, despite the obvious contradictions that emerged with the Vietnam War and a “turned on” counterculture, there was a sense among white, middle-class Americans — regardless of their political preferences — that the nation was engaged in the noble mission of fulfilling the project its founders had imagined nearly two centuries earlier. 

    Ron Johnson’s Binary Thinking

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    Burns was 7 years old when John F. Kennedy stirringly called people to “ask not what your country can do for you, but what you can do for your country” — and the entire nation seemed to agree that that was a good idea. Sixty years later, the slogan in most people’s minds has become: Grab whatever you can for yourself because no one out there is going to help you.

    Marchese asks Burns whether his optimistic project isn’t “quixotic.” Burns replies enigmatically that he has “made films about ‘us.’ All of the intimacy of that two-letter lowercase plural pronoun and all the majesty and contradiction of the U.S. But the thing that I’ve learned is that there’s no ‘them.’ This is what everybody does: make a distinction about ‘them.’ It’s just us.”

    Today’s Daily Devil’s Dictionary definition:

    Them:

    The most impersonal of the personal pronouns in the English language, particularly prized by people with a paranoid cast of mind. In US culture, the pair “they/them” has come to mean those who are not like us and who should therefore be thought of as a threat.

    Contextual Note

    Burns stresses the fact that the two letters, “U” and “S” spell not just the name of the nation but the people who compose it in their collective identity: “us.” He appeals to the idea of solidarity in the midst of diversity, in conformity with the Latin motto that appears on the nation’s Great Seal: e pluribus unum. Out of many, one. The one, according to Burns, is “us.”

    Embed from Getty Images

    When Marchese suspects the denial of the existence of “them” may sound naive in a clearly fragmented nation, Burns defines his position as a categorical moral imperative that all Americans should embrace. He calls it “a nonreactive state, which is the state of observation.” In his role as a cultural journalist, he even appears to believe that it’s “part of a journalistic discipline.” It means struggling with oneself to avoid categorizing other people as “them.” At one point, he evokes John Keats’ concept of “negative capability,” which he interprets as meaning listening to all sides. Keats might have found Burns’ interpretation somewhat superficial. In any case, American culture has always preferred positive force to negative capability.

    Burns attempted to put negative capability into practice in his series of films on the war in Vietnam. Though the media critics acclaimed the film for its inclusive breadth, the historian Andrew Gawthorpe, writing for the Journal of Strategic Studies, judged that “Burns and Novick’s superficial telling of the history of the war fails to get to grips with the deeper ideas and structures of belief that led the USA into the Vietnam debacle in the first place – and which, if not tackled, threaten to lead it down similarly unwise paths in the future.”

    In the conclusion of his article, Gawthorpe describes the nature of that delusion that consists of believing in the capacity of a documentary filmmaker to transform the perception of “them” into “us.” “The ‘national healing’ Burns wished for implies not a useful confrontation and interrogation of these controversies and errors, but rather a soothing return to the status quo,” he writes. Throughout his work, Burns generously hopes that the divisions created by past and present traumas may be healed. But at a moment in history when belief in the nation’s institutions is crumbling, redefining the warring groups as a potentially unified “us” resembles a form of voluntary blindness.

    Historical Note

    Andrew Gawthorpe notes that Ken Burns’ hankering for a return to a comfortable status quo evident in his Vietnam War documentary reflects the mentality that “has led the USA to recently repeat in Iraq and Afghanistan many of the same mistakes made in Vietnam and gives us no reason to suspect it will not do so again in the future.” As a final thought, he adds: “[A] superficial rendition of [history] presents us with the risk that we will treat only the symptoms of what ails us and not the deeper malady.” The “us” Gawthorpe refers to is suffering from a “deeper malady.” For a nation that has never managed to create a functional health care system, this becomes particularly worrying.

    Ironically, former President George W. Bush proved to have a more secure sense of history and a better understanding of the concept of “them” than Burns. During his first presidential campaign in 2000, Bush offered this thought, framed in his inimitable style: “When I was coming up, it was a dangerous world, and you knew exactly who they were. It was us vs. them, and it was clear who them was. Today, we are not so sure who the they are, but we know they’re there.”

    Bush understood that since the Second World War, the US economy and political system depends on its fear of a threat from some group that can be labeled “them.” The glorious expansion of the economy during the Cold War existed thanks to the stability of Americans’ perception of the Soviets as the indispensable “them.” The permanence of the Soviet threat (real or imaginary) justified a series of aggressive actions across the globe as well as the imposition of standards and cultural memes — American soft power — that no one dared argue with.

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    Today, the vast majority of Americans, encouraged by the media, have been taught to believe that the Taliban, the Iranians, the Venezuelan “socialists” and the Chinese are not people and nations, but simply “them.” They are perceived not just as others to whom we can be indifferent, but as a threat to America’s being and its values. Thanks to the confusion of the 2016 US presidential election, the Democrats and their media have elected the Russians as the dominant them.

    The difference between the media-induced perception of foreign policy during the Cold War and today is that we now have multiple “thems.” That is the ultimate effect of the consumer society that celebrates choice and encourages the affirmation of personal identity not only through the brands each consumer adopts, but through the choice of an enemy each citizen or group of citizens is free to make.

    Focusing on the nation itself, Burns hopes that Americans will not treat one another as belonging to a group of threatening “thems.” He believes that if Americans at least occasionally listen to Louis Armstrong and read Ernest Hemingway while attempting to admit only to forget their foreign policy blunders of the past (such as the Vietnam War), all will be well again in the consumer empire.

    *[In the age of Oscar Wilde and Mark Twain, another American wit, the journalist Ambrose Bierce, produced a series of satirical definitions of commonly used terms, throwing light on their hidden meanings in real discourse. Bierce eventually collected and published them as a book, The Devil’s Dictionary, in 1911. We have shamelessly appropriated his title in the interest of continuing his wholesome pedagogical effort to enlighten generations of readers of the news. Read more of The Daily Devil’s Dictionary on Fair Observer.]

    The views expressed in this article are the author’s own and do not necessarily reflect Fair Observer’s editorial policy. More