With The Crisis Of Kavanaugh’s Confirmation Comes Opportunity

| Strategize!

Above Photo: Getty Images

Saturday was a tough day for a group of social justice activists to hold a strategy retreat. Brett Kavanaugh was clearly going to be confirmed to the Supreme Court, and we weren’t in any kind of mood to plan next steps for our campaign.

Fortunately, facilitator Yotam Marom was prepared. He invited everyone to take two sheets of paper and a set of pastel crayons. Each of us was to make two pictures: One would represent what losing our fight might look like, and the other one would represent what winning the fight might look like.

The group came through: The array of images we created and our talking about them permitted and normalized the rage, grief and despair we were experiencing. Because fear is so rooted in individual ego, our sharing about it in the group brought us back to the present moment, able to think again. We ended the day with a plan, and a higher degree of unity than before.

All of us living through America’s crisis time need to remember that our strategizing brain lives within a whole person, holding feelings that can block clarity and creativity. Fortunately, humans have evolved to handle this problem: feel and acknowledge your feelings, and turn to the group for support.

Kavanaugh creates an opportunity

While trust in elected officials has been waning in recent years, the Supreme Court has managed to retain at least some respect as “above the fray.” Even though the court was trending toward the political right, neither political extreme has fully gotten what it wants from the court and most of the citizenry has had some confidence in its steadiness and caution — until now.

The 2016 refusal of the Republicans to fill the empty seat, and now the choice of Brett Kavanaugh, combine to reduce the court’s reputation. This means that the entire federal government’s credibility is in serious decline.

People on the left do not agree on a diagnosis of this legitimacy crisis. Some don’t see its link to the dramatic polarization that has been accelerating in recent decades and that it is structural, related as it is to the widening income gap. They therefore believe there’s a political fix that can restore trust in government, like a third party or limiting campaign contributions or persuading the Democratic Party to defy its Wall Street controllers.

What they don’t see is that the legitimacy crisis is an opportunity. It’s a truism in political science that when regimes lose their legitimacy, major change — even revolution — becomes a possibility. After all, that’s when the Swedish and Norwegian movements made their move, and pushed their economic elites out of dominance.

In the United States, movements aimed for that during the Great Depression, when free market capitalism lost its legitimacy. Franklin Delano Roosevelt and the Democrats responded to the nonviolent action of mass movements by changing the role of the state. Unfortunately, the grassroots movements had two competing visions for what they wanted: communism verses democratic socialism. Among other factors at play, the competing visions gave Roosevelt maneuvering room to build the credibility of the state by making reforms — thereby restraining capitalism enough to save it.

Barack Obama and the Rooseveltian moment

2008 was a year when people were staring over a cliff. Even Republicans were ready for “socialism,” as mass media noted. While campaigning, Sen. Obama said the United States should do what the Swedes did when their banks failed them in the early ‘90s: seize them and run them for the public good. He also acknowledged that, if elected, he wouldn’t be able to do that because the United States didn’t have that kind of “political culture.” In other words, unlike the Swedish social movements, we wouldn’t demand it with direct action.

He was right. And even though he kept saying people would need to step up and pressure for change, most liberals sat back and expected him to do the heavy lifting — and then criticized him when he didn’t do it by himself. But Obama did, through many acts of leadership, maintain the legitimacy of the presidency, offsetting his Democratic colleagues in Congress who couldn’t even pass a climate bill despite being in the majority.

The failure of Obama’s supporters to form social movements that would demand the changes he himself wanted and that we all needed, was the key difference from the 1930s. Even the health reform effort was supine and Obama was forced — given the vacuum — to call out Big Pharma and the health insurance companies himself.

On his own, he was powerless to stop the overall Democratic abandonment of the working class, Main Street, family farmers and black people as they lost their homes.

However, people’s heads continued to change during those eight years of Obama, judging from the polls and subsequent events. The elements of a democratic socialist vision emerged, even strongly enough to support a self-proclaimed democratic socialist presidential candidate who came from obscurity in 2015. Pollsters found that a couple years after the Republicans had gathered working class and small business people into the Tea Party, most Tea Party members were still furious with Wall Street.

To oversimplify: In the 1930s, we had plenty of direct action by mass movements, but we also had the downside of two visions for major change competing for majority support. In the late 2000s, we had an emerging vision that was growing, but a paucity of mass movements waging sustained direct action. (Even Occupy failed to morph into multiple campaigns, win available victories and generate an economic justice direct action movement.)

Let’s not miss the boat this time

The easiest thing to predict these days is crisis. The Florida teens showed the grown-ups in the gun control lobby how to use a crisis: mount a direct action campaign that compels (in the case of Florida) a response from politicians. Since we know crises are coming, why not prepare?

As it happens, there’s a way to prepare that builds our skills, supports our mental health and gives us the jump on the historical moments of crisis. It’s called creating direct action campaigns. Choose a demand that is winnable and a target that can yield the demand, gather a group of people eager to win and willing to focus their attention, and begin.

In the Global Nonviolent Action Database, we find successful campaigns both small and large. High school students in Flour Bluff, Texas, won the right to have a gay-straight alliance. Waterfront residents and Green Justice Philly stopped construction of an oil export terminal. Iranians nonviolently brought down the Shah of Iran, even though the dictator was supported by a modern army, torture chambers and the U.S. government.

Those who doubt that direct action campaigns can take on the economic elite of the United States need to take another look at what the civil rights campaigns of the 1950s and ‘60s were up against. Southern black people faced the largest American terrorist organization in history, the Ku Klux Klan. Local law enforcement was on the side of the Klan. State law enforcement was directed by the White Citizens Councils. The federal government declined to enforce its own laws. The FBI actively worked to undermine the freedom movement. Neither national political party wanted to stand up for the rights of black people. Yet, 10 years after the mass phase of the movement began, President Lyndon B. Johnson was forced to intervene, following the Selma direct action campaign in 1965. His fervent hope was that the campaign would disappear.

For a decade that was the lop-sidedness of the U.S. power equation: local terrorism and state repression with a federal government wanting to avoid the whole thing on one side, and the power of nonviolent direct action mobilized through campaigns on the other.

But how is the power best applied?

Even if direct action campaigns can develop the power to function unprotected in Klan country and bring down military dictatorships, how can that power be tapped for this political moment?

This is where the drawings at the beginning of this story come into play. Strategists in each of the earlier-mentioned campaigns were able to think clearly enough to map out campaigns that won. We need to step up and use our strategy heads to do the same — especially since the declining legitimacy of government reveals more and more people who feel their disenfranchisement and are open to alternative ways to stand up for themselves.

We may need to use Yotam’s wisdom at the strategy retreat. First, feel our range of feelings and reach for each other. Then, in community, clear our heads and do the thinking required. You can learn your strategy skills in a campaign where you live. And there’s no need to try to do it alone.


  • Jon

    ” when regimes lose their legitimacy,” Or, as the Declaration states, the legitimacy of government rests with “consent of the governed.” Let us withdraw that consent.

  • mwildfire

    This whole piece loses legitimacy with its absurd assertion that Obama tried to restrain the banks and reform healthcare but couldn’t do it because the movements wouldn’t support him. I expect there SHOULD have been a more galvanized movement, but he appointed Wall St people to head his cabinet posts before he was even inaugurated, took singlepayer off the table immediately and took the public option down as soon as the insurance companies said they didn’t like it. He was never on our side; he never made all that much of a pretense to be. He only had both Houses in his own party the first two years–but perhaps that’s because the people were disgusted with his massive giveaways to the banks and health insurance companies.

  • potshot

    Love this column’s focus on community as a large source of a solution to the Nazis in the Whitey House. I feel that voting isn’t much of an answer because voting amounts to one dollar, one vote. Not person. Poor People’s Campaign Evanston/North Chicgao is gearing up for peaceful rallies and marches to challenge and protest those Nazis. The Chicago Police Civilian Accountability Council recently won a big victory in the conviction of erstwhile Chicago Police officer and murderer of Jaquan McDonald, Jason Van Dyke. CPAC is gaining the power which is very likely to put it over the top of an elected police oversight board. Although CPAC’s efforts seem to be subject to attempted co-option Three groups, with varying agendas and different goals are working disparately on the issue of a rogue Chicago police department. Because it’s the most effective of these three, CPAC was ignored by the corporate media upon the Van Dyke verdict. .

  • potshot

    So. The Declaration was written by Thomas Jefferson, slave holder. Jefferson freed his slaves, so that’s something. Upon his death.

    Yours is a good insight into the direction we might need to take. It seems to me it loses something in being attributed to the Declaration. Why not more modern documents? Like the UNUDHR. A document that makes the Constitution look like toilet paper. The United States was founded as a slavocracy for rich, white patriarchs..

  • potshot

    I like the article. A lot. But you make a good point. Obama never was on our side. In early 2009 Obama gathered in a clandestine meeting all the bankers who had engendered the financial crisis. Among them Jaime Dimond and Lloyd Blanfein. The bankers went in to the meeting practically gasping for breath and with trepidation. Obama told them, instead of holding them accountable, and jailing at least several of them, that he wanted to work with them. That he was the only thing standing between them and the pitchforks.

    The stock market tripled under Obama. 90% of economic gains under Obama went to the top 1 or 5 % of incomes. Which means the banksters won on both ends of a plutocratic deal. Almost as if Obama’s final fuck you to the nation, his final gift was the Nazi under the orange wig.

  • chetdude

    We had a massive SIngle-Payer movement in my town in 2009/2010 – street demonstrations, marches and other events that often included one of our (really Progressive) Congresscritters’ support and often his sponsorship…

    Medicare for All was also the consensus at our blue-dog congresscritter’s staged “health care” events where we outnumbered the tea-baggers 10 to 1. At one point a major democrat political figure in the state told the hall that single-payer/Medicare for All was the way to go and got a huge standing ovation…the biggest of the night…(with the 2-300 Brown Shirts from the “tea party” section of the hall booing loudly!)…

    This in a slightly blue town in a red-red-state…

    BUT, at the ‘Obama for America’ staged “health care house parties” whenever we Medicare for All folk tried to explain it to the predominantly democrat “activists” we were preempted by the “moderators” and immediately told (very civilly) to shut the f*ck up and get with the program — and pimp for republican Nixon/Heritage/Romney-“care”…

    And of course, our frequent street corner demonstrations were entirely ignored by the local corporate media…

    The corporate, for-profit, remedial sick care FIX was in before Obama even raised his hand to take the oath in Jan. of 2009…

  • chetdude

    That’s what the Zapatistas in Chiapas, MX did on the day NAFTA went into effect.

    They are STILL an autonomous state…

  • Jon

    Perhaps secession ought to be n the table, but not the Confederate way!

  • mwildfire

    Austin? Nothing like that here…even the Democrats won’t support Medicare for All. But that’s not because the conservative, Trump-loving people hate the idea. They don’t. It’s because they get their marching orders from the donors & lobbyists.

  • chetdude

    I often believe that that’s what’s going to happen soon. The commercial entity that is the United States will disintegrate into a bunch of new sovereign states…

    I live in what will be Ecotopia — California, Oregon, Washington and Hawai’i…

  • chetdude

    Actually, Tucson, AZ.

    And most of the time the democrat machine there was our worst enemy…

  • Jon

    Chet, There is a strong broad and deep movement for regaining full sovereignty in Hawai’i, but no one there uses the term “secession,” because of the recognition that the process by which Hawai’i allegedly became “part of” the US was utterly fraudulent. By international law it is still a sovereign country but whose government is dormant, waiting to be reborn. My book Liberate Hawai’i! (see Amazon) explains this in depth, as I lived there over 3 decades and listened to what my Hawaiian colleague could teach me. If enough people in the US understood this, it would help incubate the secession idea. Few, even the politcally advanced in the US, understand.

  • chetdude

    “There is a strong broad and deep movement for regaining full sovereignty in Hawai’i”

    Very true…and I’m a supporter…

    Although we’d also have to implement an entirely different socioeconomic paradigm (Agrarian-based Socialism with Aloha?) that must remove the power of the war machine, developers, tourist industry and Big Ag here…

    Except for the bloated over-population of Oahu (that runs Hawai’i) we could learn to be self-sufficient…

    Of course, California was also stolen after a “pre-emptive” invasion of a sovereign nation…

  • Jon

    The unique think about Hawai’i (explained in depth in my book) is that it was recognized by dozens of countries as a sovereign country, including the USA, and had embassies and consulates everywhere, including the USA. The Hawaiian Kingdom NEVER relinquished its sovereignty. On the contrary . . . .