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More Americans Are Spending Life in Prison Than Ever Before

Mother Jones

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One out of every nine prisoners in the United States is currently serving a life sentence—a record high—even as the overall prison population has fallen. That’s according to a depressing new report by the Sentencing Project, an advocacy group that’s been tracking life sentences since 2004. Almost 162,000 people are now serving life behind bars, up from 132,000 about a decade ago and 34,000 in 1984.

To put that in perspective, for every 100,000 people in America, 50 have been locked up for life. That’s roughly the total incarceration rate—including inmates whose sentences are just a few months—in Scandinavian countries like Denmark, Sweden, and Finland. And it doesn’t even account for the tens of thousands of Americans handed sentences of 50 years or more, which are considered “de facto life sentences,” says Ashley Nellis, a senior research analyst at the Sentencing Project who co-authored the report.

What’s driving the uptick? It’s not a rise in violent crime or murder—both have dropped substantially since the mid-1990s. Nor is it an increase in the number of criminals behind bars: A majority of states saw declining overall prison populations from 2010 to 2015.

The Sentencing Project

The Sentencing Project

In part, the continuing rise in lifers is a legacy of three-strikes laws and mandatory minimum sentencing. It may also be related to the shift away from capital punishment. In some states that no longer allow executions, elected officials like governors and prosecutors have championed life-without-parole sentences—which account for the biggest increase in life sentences nationally—as a way to appear tougher on crime. “Going forward, we will have a system that allows us to put these people away for life, in living conditions none of us would want to experience,” Connecticut Gov. Dannel Malloy, a Democrat, said in 2012 when his state abolished the death penalty. But these lengthy punishments probably aren’t keeping the public safer. “The impulse to engage in crime, including violent crime, is highly correlated with age,” the Sentencing Project notes. “Most criminal offending declines substantially beginning in the mid-20s and has tapered off substantially by one’s late 30s.”

The biggest losers of all this? Minorities. Of all the lifers and de facto lifers in the country, almost half are African American. What’s more, 12,000 of the total are locked up for crimes they committed as kids, though some are eligible for release thanks to recent court decisions. (In 2010, the Supreme Court ruled that life-without-parole sentences are unconstitutional for juveniles who didn’t commit homicide. In 2012, the justices went further, saying that mandatory life-without-parole sentences for kids, including those who committed homicide, are also unconstitutional. Nineteen states and DC now ban any kind of life-without-parole sentence for juveniles.)

Finally, it’s important to remember that many of the prisoners serving these long sentences never actually hurt anyone: Two-thirds of lifers or de facto lifers in the federal system committed nonviolent crimes—and one-third of them are serving time for drug crimes. With Attorney General Jeff Sessions at the helm of the Justice Department alongside his team of tough-on-crime advisers, there’s a good chance that won’t be changing anytime soon.

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More Americans Are Spending Life in Prison Than Ever Before

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The National Urban League Just Released a Report that Shows Black America Has a Lot to Worry About Under Trump

Mother Jones

Black and Hispanic Americans continue to lag behind their white counterparts when it comes to equal access to employment, housing, education, and other areas. But a new report argues that with a new presidential administration unlikely to enforce longstanding civil rights laws, black America must also fight to protect the progress that they have already made.

That’s the main takeaway from the 2017 State of Black America report, released Tuesday by the National Urban League, a civil rights organization established in 1910 to focus on the economic empowerment of African Americans. The report, which has been released annually for more than four decades, evaluates how black life in America compares to that of whites on a number of issues, including housing, economics, education, social justice, and civic engagement.

For the past 13 years, the report has utilized a “National Equality Index,” a set of statistical measurements that provide a quantitative breakdown to assess exactly how the lives of blacks and Hispanics stack up when compared to whites in the United States. White America is given the baseline number of 100, which is intended to represent the full access to opportunity that whites have historically been afforded when compared to other racial groups. By giving each metric a score out of 100, the report is able to provide a specific assessment of the progress nonwhite groups have made in narrowing the gaps, and how much they continue to lag behind over time.

This year’s report tracks through the end of 2016, making it the last one to follow the progress of black America under President Barack Obama. Marc Morial, the President of the National Urban League, tells Mother Jones, that while looking at yearly changes in the measured variables make it difficult to grasp long-term shifts in the equality of nonwhite groups, this year provided an opportunity to assess the difference in the status of black Americans after eight years with the first African American president. “During the Obama era, the economy added 15 million new jobs, the Black unemployment rate dropped and the high school graduation rate for African Americans soared,” Morial notes in the report. “Now that progress, and much more, is threatened.”

The 2016 edition, which was entitled “Locked Out: Education, Jobs, and Justice,” emphasized that black America still had much farther to go, but this year’s report—”Protect our Progress”—argues that under the Trump administration many hard-won gains are in jeopardy. In an interview with Mother Jones before the report’s launch, Morial noted that the presidential election had played a large role in the shift in tone of the report, adding during the official launch on Tuesday, “It would be difficult to pinpoint any moment in recent history where so much of our economic and social progress stood at dire risk as it does today.”

“There are several actions taken by the new administration that raise great cause for concern,” Morial says. He points to the Justice Department as his most immediate concern, noting Attorney General Jeff Sessions’ efforts to undermine consent decrees with police departments and voting rights enforcement “are inconsistent with the idea of a Justice Department that should enforce civil rights law.” He also points to the Department of Education, and “what could be an anti-public schools agenda” should the agency make good on its promise to promote school choice.

The report notes there have been small, but important, developments over the past year. Overall, Black Americans are 72.3 percent equal to their white counterparts, slight progress from last year when they stood at 72.2 percent. Specific areas reveal a more complicated picture. Across individual metrics there were some slight increases for black America, with education moving to 78.2 percent from 77.4 percent last year, likely because of an increase in the number of students working with more experienced teachers and a decline in the number of high school dropouts across all racial groups. Health outcomes improved from 79.4 percent to 80 percent, which may be because of more equal Medicare expenditures among blacks and whites. Economics—a metric that takes employment rates, wages, and business ownership into account—increased slightly to 56.5 percent from 56.2 percent with continued improvements in the black unemployment rate.

Black Americans are more civically engaged than whites, scoring 100.6 percent in both years. Social justice declined, falling to 57.4 percent in 2017 from 60.9 percent last year. The National Urban League attributes much of the decline to the change in the way the Bureau of Justice Statistics—a main source of raw data for the social justice index’s calculation of racial disparities in traffic enforcement—reports racial disparities in traffic stops.

The report also tracks the equality of Hispanics compared to whites, finding that overall, Hispanic Americans are at 78.4 percent in 2017 compared to 77.9 percent in the previous year. Much of this increase was due to a jump in the health index, which can be attributed to a decrease in the maternal mortality rate and an increase in insurance coverage. Similar to black Americans, there were also increases in economics and education. These increases helped offset declines in civic engagement and social justice.

The National Urban League also tracks gaps in unemployment and income equality between racial groups living in major metropolitan areas, and found the Riverside-San Bernardino-Ontario, California, metro area continues to have the smallest gap between the incomes of black and white residents. Minneapolis, Minnesota, has the largest. The unemployment rate between the races in the San Antonio-New Braunfels, Texas, metro area has the smallest disparity, while Milwaukee has the greatest. For Hispanics, the North Port-Sarasota-Bradenton, Florida, metro region is best for unemployment equality—Rochester, New York, is the worst. While Modesto, California has the smallest racial income gap, Springfield, Massachusetts, has the largest according to the report.

The State of Black America describes the problems but it also attempts to outline proposed policy solutions in the portion of the report entitled “Main Street Marshall Plan.” During Tuesday’s press conference, Morial called the plan—which supports several policy proposals including a $15 minimum wage, universal childhood education, summer jobs for youth, job training and workforce development, infrastructure, and affordable housing—a “forward-leaning investment,” suggesting that its rigorous research could provide politicians with some guidance as they plan for the future.

Critics have already slammed the Trump administration for being weak on civil rights, and the president notably declined an invitation to address the National Urban League’s annual conference during the election season. The National Urban League has not met with Trump recently, but members of the organization have met with Ivanka Trump and spoken to Jeff Sessions. In the past month several groups, particularly the Congressional Black Caucus, have held discussions with the administration and offered policy proposals for communities of color, only to then speak out when the administration moved against civil rights in some way.

Still Morial remains confident that even under these conditions, there is a chance for progress. “Obviously in this political environment, we are going to face headwinds,” he says. “However I think that this is just a question of politicians being able to get their act together.”

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The National Urban League Just Released a Report that Shows Black America Has a Lot to Worry About Under Trump

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Trump Just Picked a Contraception Skeptic to Head Federal Family Planning Efforts

Mother Jones

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After appointing the former president of a powerful anti-abortion group to head public affairs at the Department of Health and Human Services, the Trump administration plans to bring another anti-abortion advocate into the ranks at HHS—this time to oversee the Title X program, which allocates nearly $300 million per year in family planning funds to providers across the country and shapes policy and regulation about topics like contraception and teen pregnancy.

Politico reported on Monday that the administration has tapped Teresa Manning, a law professor and former employee of two anti-abortion groups, to be the deputy assistant secretary of the Office of Population Affairs, the department within HHS that oversees Title X. Manning is currently listed in the HHS employee directory, although the White House did not confirm the appointment to Politico. Manning, an adjunct professor at the Antonin Scalia Law School at George Mason University, was formerly a legislative analyst at the conservative Family Research Council and a lobbyist for the National Right to Life Committee, the largest US organization opposing abortion.

Manning has questioned the efficacy of contraception in preventing pregnancy, and also said the government shouldn’t play a role in family planning—the foundational ideas behind the federal family planning program she will now be tasked with overseeing. In a 2003 radio interview, Manning noted that pro-choice advocates “promote contraception and birth control as a way to reduce the incidence of abortion. There really is no evidence to support that. In fact, the incidence of contraception use and the incidence of abortion go up hand in hand.” She also said that pro-choice advocates view abortion as a backup form of contraception for when birth control fails (oral contraception is effective over 99 percent of the time when taken properly): “Of course, contraception doesn’t work. Its efficacy is very low especially when you consider over years,” she said. Manning continued: “The prospect that contraception would always prevent the conception of a child is preposterous.”

Manning (who at the time had the last name Wagner) was quoted in a 2001 press release opposing the distribution of the morning-after pill over the counter, claiming the pills are abortifacients that “destroy the human life already conceived.” (Medical consensus disagrees, as the pills only prevent fertilization.) Manning also authored a 1999 article for the Family Research Council titled “The Empty Promise of Contraception.” The head of Trump’s HHS, former Georgia congressman Tom Price, also has a long history of opposing contraceptive access, including Obamacare’s mandate that health insurance cover birth control costs.

“I always shake my head. You know, family planning is what occurs between a husband and a wife and God,” Manning said during a 2003 panel about a book she edited. “And it doesn’t really involve the federal government, much less the United Nations, where we hear about family planning all the time. What are they doing in that business?”

In her new job at HHS, Manning will oversee a program that provides funding for contraception, STI testing, and other reproductive medical care for low-income and uninsured men and women across the country. According to the Guttmacher Institute, which provides research on reproductive health care, in 2015 Title X-funded clinics helped women avoid 822,300 unintended pregnancies.

“It is a cruel irony to appoint an opponent of birth control to oversee the nation’s only federal program dedicated to family planning,” said Dawn Laguens, the executive vice president of Planned Parenthood Federation of America, in an emailed statement. “We are at the lowest rate of unintended pregnancy in 30 years and a historic low for teen pregnancy because of access to birth control. Someone who promotes myths about birth control and reproductive care should not be in charge of the office that is responsible for family planning at HHS.”

By law, Title X cannot fund abortion services, but the program has been swept up in the new administration’s efforts to signal a hard anti-abortion stance. Trump signed a law last month that would allow states to withhold Title X funds from reproductive health care providers who also offer abortions.

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Trump Just Picked a Contraception Skeptic to Head Federal Family Planning Efforts

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Here’s Why Trump Is Having a Cow Over Canadian Milk

Mother Jones

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Donald Trump hasn’t done much in his young presidency to delight high-powered Democratic lawmakers like Senate Majority Leader Chuck Schumer (D-N.Y.). But last week, Trump did just that when he picked a fight with Canada’s dairy farmers, after receiving a letter urging him to do so from Schumer, Sen. Kirsten Gillibrand (D-N.Y.), and Sen. Tammy Baldwin (D-Wis.).

Trump’s beef with Canadian dairy played well with Republicans, too. At a speech in dairy-heavy Wisconsin last week (video here), Trump fulminated against our northern neighbor’s milk policy and vowed to organize what sounds like a dramatically awkward group phone call involving the state’s most prominent politicians: Wisconsin Gov. Scott Walker, Sen. Ron Johnson (R-Wis.), and House Speaker Paul Ryan (R-Wis.). “We’re going to get together and we’re going to call Canada, and we’re going to say, ‘What happened?'” he thundered. “And they might give us an answer, but we’re going to get the solution, not just the answer, okay?”

Okay!

If you’re wondering what the hell Trump is babbling about—and why Canadian milk generates such strange, and angry, bedfellows south of its border—here’s a primer.

• US dairy producers are churning out way too much milk, and they have been for a while. “Farmers in the U.S. are pouring out tens of millions of gallons of excess milk, amid a massive glut that has slashed prices and has filled warehouses with cheese,” the Wall Street Journal reported last October. In the first eight months of 2016, the paper added, US dairy farmers dumped out 66 Olympic swimming pools worth of milk, the “most wasted in at least 16 years.” In 2015, too, there was “so much milk flowing out of US cows…that some is ending up in dirt pits because dairies can’t find buyers,” Bloomberg reported at the time.

The backstory: Goaded by rising demand for dairy products from Asia and low prices for feed, US farmers scaled up in 2014, increasing their herds and squeezing out more milk per cow. Trouble is, farmers in other big milk-producing regions like New Zealand made the same bet, and now there’s a global milk glut. The practice of dumping surplus milk has continued into this spring, the US Department of Agriculture recently reported.

US agriculture programs give dairy farmers incentive to produce as much as possible, embroiling them in boom-and-bust cycles like the current one, driving small farms out of business and forcing survivors to scale up. As recently as 1950, around 3.5 million US farms kept dairy cows; by 2012, that number had dwindled to 58,000, even as overall production surged. The shakeout continues. “In 2010, Vermont had more than 1,000 dairy farms, but by the end of last year there were just over than 800,” NPR recently reported.

Meanwhile, the massive overproduction persists amid heroic, government-led efforts to prod Americans to consume more dairy. As Josh Harkinson reported in 2015, USDA dietary guidelines urge everyone nine years old or older to drink three cups of milk per day, a recommendation that owes much more to industry lobbying than it does to sound nutrition science. Then there’s Dairy Management, a group overseen by the USDA that works with “influential and globally recognized companies such as McDonald’s, Domino’s, Quaker, Taco Bell and Pizza Hut” to work more dairy into fast food. Oy.

• Canada’s dairy farmers are largely insulated from these cycles. That’s because, in sharp contrast to the US government, Canada’s dairy policy is based on production quotas that prevent farmers from either under- or overproducing. The program guarantees farmers get a price that covers their production costs, and slaps a high tariff on dairy imports, protecting them from foreign competition. Canadian consumers tend to pay more for milk than their peers, but not prohibitively so. Overall, Canadians devote just 9.7 percent of their overall expenditures to groceries, one of the lowest rates in the world. (US consumers have the lowest rate of all: 6.4 percent.)

Canada’s dairy program, known as “supply management,” might sound crazy to US ears, but it has advantages. In an excellent 2010 Gastronomica article, Barry Estabrook noted that, while decades of booms and busts had hollowed out dairy farming in New England and upstate New York, small and mid-sized dairy farms just over the border in Ontario—farming the “same gently rolling tapestry of field and forest”—are thriving.

• But there’s a hole in Canada’s dairy-tariff wall. So-called ultra-filtered milk—made with a process that concentrates milk proteins, separating out the fat—is a relatively new invention, designed to make dairy products that are highly concentrated and shelf-stable, and thus easy to export. Because of a loophole in trade law, Canada’s dairy tariffs don’t apply to it, and so the US dairy industry has been exporting ultra-filtered milk into Canada for years, where it competes with less processed domestic skim milk in cheese making. Major production plants have “been built in recent years along the Canada-US border in states like New York and Wisconsin to service Canadian demand,” reports the Canadian news site iPolitics.com; and it has grown into a $150 million market for US producers.

• Canada just slammed shut that loophole—enraging the US industry and capturing Trump’s attention. In a policy change announced in February and put into effect recently, Canada dropped the price for processed dairy products, essentially pricing US ultra-filtered milk out of its market. Two US dairy companies geared to the Canadian market—one in Wisconsin, one in New York—immediately complained of lost sales; the Wisconsin one, Grassland Dairy products, delivered bad news to 75 farms: It would no longer buy their milk. The development inflamed politicians in Democratic Party-dominated New York and and GOP-heavy Wisconsin, and eventually in the White House.

• But the US dairy industry has been itching for years to break down Canada’s tariff wall and undercut its dairy program—as have Democratic politicians. Under Barack Obama, US negotiators pushed hard to fully pry open the Canadian market to US dairy under the Trans-Pacific Partnership, the trade deal championed by Obama and ultimately killed by Trump. And Tom Vilsack, who served as Obama’s secretary of agriculture for the entire eight-year term, now leads the US Dairy Export Council, a Big Dairy group that for years has pushed against Canada’s program. Vilsack recently signed a letter to Trump demanding “immediate action” against Canada for icing out US ultra-filtered milk.

• Canada aside, though, US dairy farmers clearly can’t export their way out of the dairy glut. As Chris Holman, a Wisconsin farmer who is active in the Wisconsin Farmers Union, noted in a recent blog post, the underlying problem is a “vicious cycle” that leads to oversupply: “When markets are up, farms often expand and production increases to take advantage of better prices. When the milk supply goes up and markets are down, farms often expand and production increases as they try to keep their heads above water.” Holman recently told me that “if every dairy farm in Wisconsin culled one cow out of production, it would more than make up for the milk lost to Canada, and everyone can keep farming.”

But organizing such a move would essentially require supply management—something anathema to big US dairy processors, which enjoy all the cheap milk encouraged by a lack of production controls. Ferd Hoefner, former policy director and current senior strategic adviser for the National Sustainable Agriculture Coalition, told me that the 2014 farm bill included a supply management program for dairy, but it was struck down at the last minute.

• Wisconsin is a dairy-heavy state—and one that Trump barely won. And also the home of Ryan, with whom Trump needs to be friendly if he is going to get anything done in Congress. Moreover, his anti-trade tirades have not been popular with US Big Ag interests, which rely heavily on exports. Applying his fierce trade rhetoric to pry open Canada’s domestic dairy market may be a way for him to appease those interests.

Meanwhile, this week, Trump added more fuel to his trade war with Canada, imposing hefty duties on lumber imports from there. As the Los Angeles Times noted, “Dairy and lumber are sensitive industries in the heartland and rural parts of America, and any moves to strengthen those domestic constituents could help the administration garner congressional support for its broader trade policy objectives.” And picking on Canada is less risky than picking on his usual targets, China and Mexico. “It’s not like Canada is going to open up the border and let a whole bunch of Central Americans into the United States. So Canada is a pretty safe target,” Laura Dawson, director of the Canada Institute at the Woodrow Wilson Center, told Politico.

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Here’s Why Trump Is Having a Cow Over Canadian Milk

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It’s Embarrassing To Be an American These Days

Mother Jones

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I want to repeat something from the previous post because it deserves a post all its own. This is Donald Trump’s “tax plan”:

Trump has embarrassed us in so many ways that I guess this is small beer, but FFS. This is the United States of America, the biggest, richest country on the planet. The leader of the free world. And this is what we get from our president these days. He wants to cut taxes by $4 trillion or more—$4 trillion!—and he can’t be bothered to produce more than a single page of bullet points about it. No details. No legislation. No analysis from the OMB. Nothing. Just a comic book version of a tax overhaul.

The contempt and incompetence this displays is breathtaking.

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It’s Embarrassing To Be an American These Days

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Trump Tax Plan Unveiled!

Mother Jones

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Last night I wrote that the Trump tax plan would be little more a than a rewrite of his campaign document. I was wrong. Here it is:

It’s not worth the 60 seconds it would take to check this, but I’m pretty sure this is less detailed than Trump’s campaign document. What a fucking embarrassment. It’s like something a high school class would put together. Even with only five days to work with, you’d think the Treasury Department of the United States of America could produce a little more than this.

But let’s go through the whole thing. There’s a little more than you see in the tweet above:

Three tax brackets instead of seven. However, there’s no telling how this affects taxes until Steve Mnuchin tells us where the cutoff points are.

Doubles the personal exemption from $12,000 to $24,000. This will help middle-class families, but it’s a little hard to know how much it will help them until we get details on….

Elimination of itemized deductions. Which ones? All of them? Good luck with that. But you can be sure that one of the targets will be the deduction for state income taxes, since that mostly benefits the hated blue states of California and New York.

Elimination of the estate tax. A huge boon for the super-duper rich.

Elimination of the AMT. A huge boon for the rich.

Elimination of Obamacare’s 3.8 percent tax on investment. A huge boon for the rich.

Reduce business tax rate to 15 percent. A huge boon for corporations and the rich, especially those with income from pass-through businesses. Apparently Mnuchin doesn’t care that Senate rules make this almost literally unpassable.

Tax repatriation holiday. A huge boon for corporations and the rich.

Territorial taxation system for corporations. There’s no telling what effect this would have. There are good territorial systems and bad ones. It’s all in the details—though it’s a pretty good guess that Trump will opt for one of the bad ones.

The driving force behind this appears to be Trump’s desire to call this the biggest tax cut in American history. The previous champ was Ronald Reagan’s 1981 tax cut, which cost 3.9 percent of GDP. That means Trump is gunning for 4 percent of GDP.

The Congressional Budget Office pegs GDP over the next ten years at $239 trillion. To get to 4 percent, Trump’s tax plan will need to cut taxes by $9.5 trillion. This is obviously ridiculous. Maybe Trump isn’t accounting for inflation or something. That would get him down to $4.3 trillion.

Really, who knows? I suppose Trump will call it the biggest tax cut in history regardless of how big it is. He doesn’t care. The one thing we can be sure of is that the rich will swoon. At a guess, something like 90 percent of that $9.5 (or $4.3 or whatever) trillion will go to the top 10 percent. The rest of us get a few crumbs.

Of course, this whole thing is DOA in Congress anyway, which will pretty much ignore Trump and create its own tax plan for the rich. This one-page “plan” is really just a publicity stunt so Trump can say he introduced it during his first hundred days. What a doofus.

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Trump Tax Plan Unveiled!

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How White is “Rural America”?

Mother Jones

Over at Vox, Sean Illing writes about how we think of rural America:

The media often conflates rurality and whiteness in this country. But this is a false — and misleading — narrative.

Roughly one-fifth of rural residents in this country are people of color, and their interests and political views are as diverse as they are. When coverage of rural areas dismisses or otherwise ignores this fact, actual political consequences follow: The specific concerns of certain communities simply fall out of view.

Illing talks about this with Mara Casey Tieken, a professor at Bates College, who says this:

I think policymakers that represent white communities have disproportionately more power than policymakers representing rural communities of color….I think the problem also becomes self-perpetuating because what gets covered is rural white America, so that shapes how people think about rural America, and those are the stories that get told over and over again.

I want to offer up a guess about one reason why “rural” is so associated with whiteness. Here it is:

When the media reports on rural America, the stories are usually about Ohio or Missouri or Indiana or Pennsylvania or Nebraska. “Rural” means the Midwest and the Rust Belt. And as you can see on the map, those places really are mostly white.

As Tieken says, this becomes self-perpetuating. The Midwest and the Rust Belt are politically interesting, so rural areas there get lots of coverage. That means we largely see rural America as white, and that in turn means that news items about non-white areas usually end up getting coded as something else: In the Deep South they become “race and the lingering effects of slavery” stories, and in the Southwest they become “Hispanic immigration and the changing demographics of America” stories.

Does this happen because of implicit bias among reporters and the rest of us? Or because the Midwest and the Rust Belt really are the interesting areas when it comes to politics (big populations, loud voices, plenty of swing voters)? Maybe both.

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How White is “Rural America”?

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I Underwent Genital Mutilation as a Child—Right Here in the United States

Mother Jones

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Last week, an Indian American doctor was arrested in Michigan, charged with performing female genital cutting on two seven-year-old girls. As the story hit the local press and then the New York Times, and as it was shared by George Takei and Nicholas Kristof, my phone kept blowing up with breathless messages and links from childhood friends across the country.

“This story isn’t going away,” said one friend over the phone. We both grew up in the same controversial, secretive South Asian Muslim sect as the doctor, a 44-year-old emergency room physician named Jumana Nagarwala who was born in Washington, DC. “This time, the community can’t just pretend it’s not happening.” Just today, two more followers of the sect were arrested in connection with the case.

Our sect is known as the Dawoodi Bohras, a Shiite branch of Islam based in Gujarat, India, with an estimated 1.2 million followers around the world and thriving outposts across America. Some Bohras and others say the sect has veered toward a cult of personality and away from Islamic principles; it’s ruled by a well-heeled clergy of “totalitarian kings” with unusually wide-reaching control over their followers. (The Bohra clergy did not respond to Mother Jones‘ request for comment.)

Federal officials believe Nagarwala may have been clandestinely cutting girls since at least 2005. It’s the first case of its kind in the United States, where female genital cutting is a criminal sexual act and has been illegal since 1996. The practice is widely seen as an attempt to curb women’s sexuality by making sex less enjoyable, even painful.

Nagarwala admits she performed a procedure on the two seven-year-old girls, but says she didn’t cut them—she merely wiped away a mucous membrane and gave the gauze to the parents, who would bury it in keeping with Bohra tradition. She told investigators she’s not aware of anyone in her community who practices cutting.

As little girls, nearly all my female Bohra friends and I underwent khatna, the sect’s term for this practice. None of us remember being “wiped.” We were cut. Some of us bled and ached for days, and some walked away with lifelong physical damage. In interviews with investigators, one of the girls Nagarwala performed on said the procedure hurt so badly that she screamed in pain and “could barely walk afterward.” She drew a picture of the room where it happened, and marked an “X” to show where she bled on an exam table. Medical examinations show that both girls’ genitals have been altered.

While news coverage and the federal case focus on Nagarwala, khatna has been a mandatory religious practice inflicted on Bohra girls all over the world for generations, often in knowing violation of local laws. Bohras are the only Muslims in India who enforce female genital cutting; it’s not a common practice among South Asians or Muslims worldwide, and it’s not mentioned in the Koran. Privately, many Bohras have been praying for the clergy to end this practice for years, even decades. More than one mother I know wept when she learned she was bearing a girl, dreading what she might have to do to her child.

“Maybe this is the case that finally scares them into stopping it,” another friend messaged me. Her khatna happened during a family vacation in India. Mine took place in the bedroom of a family acquaintance in New Jersey in the late ’80s.

I buried the memory until I was 13, when my freshman year social-studies teacher put on a video about female genital mutilation in Africa. As I watched a young girl, dark-skinned like me, being prepared by village elders for her mutilation, I suddenly flashed back to a dim, chilly house my mother took me to when I was about seven. Two Indian aunties I had never seen before held me down on a mattress and pulled down my underwear as I squirmed to get free. One of them held a small pair of silver scissors, like the ones my dad used to keep his beard trimmed. Then, the sudden sensation of a tight, mean little pinch between my legs.

The memory exploded in my head in the dark, quiet classroom, and suddenly, a recurring nightmare I’d had for years made sense. In those dreams, the lower half of my body was made of kid’s construction toys, and pieces kept breaking off as I frantically tried to keep myself together. I began sobbing at my desk. The teacher kindly told me to catch my breath in the hallway; she thought I was upset over the images I was seeing in the video. Later, at lunch, my white girlfriends talked about being relieved that sort of thing doesn’t happen in America.

But it does. The Centers for Disease Control and Prevention estimates that half a million girls in the United States were affected by or at risk for mutilation in 2012. I know of dozens of Bohra women whose parents had them cut in America over the last 30 years, from New York City to Houston to Chicago. Others were taken out of country to have the procedure done, a practice called “vacation cutting” that’s now also illegal in the United States.

We’re the first generation of Bohras born in America. Our parents began settling here after the Immigration and Nationality Act of 1965, which brought a wave of South Asian engineers, doctors, and other professionals to America. In our teens and 20s, my friends and I who underwent khatna assured each other the practice would die out as Bohras assimilated. We’re now in our 30s, and it hasn’t stopped. Some women our age and younger are still arranging or considering khatna for their own daughters.

“Nothing is going to change,” sighed the friend who called me to discuss the Nagarwala case. She spoke with a bitterness I could almost taste in my own mouth. “They’ll use this one doctor as a scapegoat, let her take the heat, and pretend it never happened.”

In 2015, the Australian Supreme Court handed down the first-ever conviction for a Bohra engaged in khatna. Many Bohras opposed to the practice hoped this was finally khatna‘s death knell. The Bohra clergy takes pains to maintain good relations with political leaders around the world; a guilty verdict in an affluent, English-speaking country seemed disastrous, especially in an increasing atmosphere of global Islamophobia.

Instead, the head cleric, Mufaddal Saifuddin, 70, seemed to double down on the practice during a cryptic sermon delivered last year in Mumbai. Congregations in the United States and elsewhere were sent letters instructing them to follow local laws, but some reading between the lines heard different instructions: Go underground, and don’t get caught. The parents in the Michigan case traveled with their daughters from Minnesota in February; community members tell me it’s become harder—but not impossible—to find Bohras willing to perform the procedure.

The task of getting a young girl’s khatna done falls on adult female relatives; men often don’t know it’s happening, or even that the practice exists at all. Girls are told to keep the procedure a secret after it’s performed, and they usually do. “For the longest time, I didn’t even know other people had this done, too,” one friend from the community told me. “I thought it was something my mom only did to me, and I didn’t know why.”

In the vacuum of secrecy, and with very little official guidance from Bohra leadership, there are wide variations in how khatna is performed. The seven-year-old girls in the Michigan case were allegedly cut by a licensed medical professional in an unnamed medical clinic. (Nagarwala’s employer, Henry Ford Hospital, says it did not happen on their grounds.) In other cases, the cutting is performed by laypeople with no medical training in unhygienic conditions.

There’s also little consensus about how the actual procedure is supposed to work; it’s often up to the interpretation of whoever is wielding the blade. In some cases, like mine, a “pinch of skin” from the clitoral hood is cut away, leaving no lasting physical trauma. Sometimes the entire clitoris is removed, or surrounding tissue is also damaged. Last year, writer Mariya Karimjee went on This American Life to tell the story of her cutting, which was performed in Pakistan and left her unable to have sex without unendurable pain.

Bohras even disagree on why khatna is performed. The prevailing view is that it keeps girls and women from becoming sexually promiscuous. Others say it has something to do with “removing bad germs” and liken it to male circumcision, which is widely (though not universally) believed to have hygienic benefits. The World Health Organization says female genital mutilation has no known health benefits and “violates the rights to health, security and physical integrity of the person, the right to be free from torture and cruel, inhuman or degrading treatment, and the right to life when the procedure results in death.”

Despite the prevalence of khatna among generations of Bohra women around the world, there has been almost no public conversation about it until just a few years ago. Speaking out about any of the numerous issues the clergy has come under scrutiny for—khatna, multiple lawsuits over alleged abuses of power, “big brother”-style surveillance of everyday Bohras—is seen as unacceptable. Dissidents can face excommunication and social boycott. The threat extends to family members, whose businesses often depend on Bohra financing, or who may not be allowed to marry within the community or be buried in a Bohra cemetery unless the rebellious relative is quieted.

I’m already estranged from my family because of disagreements over Bohra customs. Like a few of my friends, I’ve tried to bring up khatna to my parents, mostly my mother, with little progress. As in many rigid orthodoxies, the burden of social policing in the Bohra community falls largely on women, who have the most to lose from rocking the boat and who are often suffering from unacknowledged personal trauma of their own.

That’s why it’s remarkable that so many Bohra women have started speaking up over the last few years, from the explosive This American Life story to a documentary film, interviews with major news outlets in India and the United States, and a Change.org petition calling on the Bohra clergy to end the practice that’s been signed by 150,000 supporters. In 2015, five young women started a Bohra anti-FGM group called Sahiyo (Gujarati for “friends”) and conducted the first large-scale, global research study on the practice of khatna among Dawoodi Bohras. Nearly 400 Bohra women took the online survey, mostly from India and the United States and between the ages of 18 and 45. Eighty percent said they would like the practice of khatna to end.

None of this has moved the clergy to unequivocally end it.

One of the girls in the Nagarwala case in Michigan was temporarily taken away from her parents, an act that’s sure to cause additional trauma. Nagarwala could be sentenced anywhere from five years to life in prison for the assortment of charges she faces, though she’s just one of an untold number of khatna practitioners around the country. Bohras opposed to the practice now find themselves rooting against those who are arguably fellow victims.

“It’s feels sick to be happy about all this punishment,” said one of my friends the other night. “But I just don’t know how else to make them listen.”

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I Underwent Genital Mutilation as a Child—Right Here in the United States

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Slaughter of the Osage, Betrayal of the Sioux

Mother Jones

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Jason Holley

One cold November day last year, Chris Turley, a 28-year-old member of the Osage Nation, set out from the tribe’s northeast Oklahoma reservation upon a quest. He had a wool hat pulled down over his crisply cut black hair and wore military fatigues, just as he had done when he served in Afghanistan as a Scout in the US Army. He carried a rucksack filled with MREs—Meals, Ready-to-Eat—and bottled water, a tent, and a sleeping bag. Tucked away was also an emergency medical kit.

Departing on foot, he headed north through the tall prairie grass. He went past scattering herds of cattle and grinding oil pumps. Thirty miles later, around midnight, he stopped near the Kansas border and made camp in the darkness. He slept in his tent, curled in the cold. In the abruptness of dawn he woke, poured water into a container with premade eggs and quickly ate, and then set out again. The rucksack weighed 80 pounds and his right leg especially burned. In Afghanistan, shrapnel from a rocket-propelled grenade had shivved through his knee. (He received a Purple Heart and a Commendation with Valor, which said his “actions under intense enemy fire when wounded, and courage when facing the enemy in close proximity, not only eliminated and disrupted the enemy but saved the lives of his fellow Scouts.”) Doctors had predicted he’d never walk again without help, but after months of rehabilitation, he did.

Now he marched forward, day after day. He entered Kansas, passing through Greenwood County and Brown County—where members of the Kickapoo Tribe invited him to attend a round dance—and continued into Nebraska, until, after hiking for nearly three weeks, he hitched a ride to his final destination: the Standing Rock Sioux reservation. There, on the North Dakota plains, he joined forces with the Sioux who’d been protesting the proposed construction of an oil pipeline near the border of their reservation, fearing it would destroy their sacred burial sites and contaminate their water supply. “Anyone who knows me knows I am a warrior of this country, I love it with all my heart,” Turley wrote on his Facebook page. “I am also a Native of this country and I’m showing my support for Standing Rock.”

For Turley and many other Osage, the fight had a deep resonance, evoking memories of the tribe’s own struggle over oil and land rights during the early 20th century—a struggle that culminated in one of the most sinister crimes in American history. In 2012, when I first visited the Osage Nation Museum, its then-director, Kathryn Red Corn, told me about this mysterious and deadly plot. I was shocked that I had never learned about it in school or read about it in books, and over the next several years I began to try to uncover the depths of the wrongdoing.

Turley told me that when he was young he had heard about the killings from elder members of the tribe. “Every Osage knows about the murders,” he said. He learned that the Osage once laid claim to much of the Midwest (Thomas Jefferson described them as a “great nation”), but like so many American Indians, they were gradually forced off their ancestral lands. They were driven into Kansas in 1825 and were relocated during the 1870s to the reservation in northeast Oklahoma. By then, their population had dwindled to a few thousand because of massacres and disease and starvation. Although the new reservation was bigger than the state of Delaware, the land was rocky and presumed worthless.

Several years later, an Osage Indian pointed out to a white trader a rainbow sheen on the surface of a creek. It was oil. The reservation, it turned out, was sitting above some of the largest deposits of petroleum then known in America, and to extract that oil, prospectors had to pay the Osage for leases and royalties. In 1906, the tribe granted each of its 2,000 or so registered members a headright, essentially a share in the mineral trust. In 1923 alone, the tribe collected what would today amount to more than $400 million—the New York Times deemed them the wealthiest people per capita in the world. Belying long-standing stereotypes, they lived in mansions and had white servants and rode in chauffeured cars. “Lo and behold!” exclaimed the Outlook, a New York City magazine. “The Indian, instead of starving to death…enjoys a steady income that turns bankers green with envy.”

Then, one by one, the Osage with headrights began to be murdered off. During what became known as the Osage Reign of Terror, there were poisonings, shootings, and even a bombing. Several of those who tried to catch the killers were themselves killed, including one attorney who was thrown from a speeding train. As the death toll reached more than two dozen, the Justice Department’s Bureau of Investigation—later renamed the Federal Bureau of Investigation—took up the case. It became one of the FBI’s first major homicide investigations. But for two years, the bureau bungled the case, failing to make any arrests.

Fearing a scandal, the bureau’s new director, J. Edgar Hoover, turned to an old frontier lawman named Tom White, who assembled a team of undercover operatives, including an American Indian agent. In 1926, they captured one of the criminal masterminds—a prominent white settler who had orchestrated an intricate plot to steal the Osage’s headrights and fortune. But, as I discovered from my research, the extent of the killings was far greater than the bureau ever exposed, and there were scores, perhaps hundreds, of murders that went unsolved. The perpetrators absconded with much of the Osage’s fortune, which was further diminished by the Great Depression and the depletion of oil reserves.

Turley thought about the Osage murders during the demonstrations at Standing Rock. The Sioux weren’t looking to make money; they were just trying to protect the environment. And yet the struggles came down to the same fundamental issue: the right of American Indians to control their lands and resources. Which is why the Standing Rock demonstrations seemed to galvanize so many nations of American Indians, each with its own bloodstained history, its own saga of incursions upon its sovereignty. Native Americans made pilgrimages to Standing Rock from across the country—from the Round Valley Indian Tribes in California and the Blackfeet Nation in Montana to the Winnebago Tribe in Nebraska and the Navajo Nation in Arizona and New Mexico. Jim Gray, a former Osage chief, wrote on Facebook, “The principle of any tribe’s sovereign right to protect what’s important to them is why hundreds of tribes have sent food, supplies and money to their aid.”

Turley helped provide security for the protesters—or “water protectors”—including by guarding convoys headed off the reservation to resupply them. “It was kind of like a covert op,” he said. When the word came down, on December 4, that the Department of the Army had refused to allow the oil company to build the pipeline, “we all sang and danced,” Turley recalled.

Yet President Donald Trump—who until recently had an investment in the Dakota Access Pipeline—reversed the decision upon taking office. The Sioux are contesting Trump’s action in court, but their legal options are quickly dwindling, and it may become harder for demonstrators to gather in the future: A state legislator introduced a bill making it legal for a person to “unintentionally” run over protesters.

Many American Indian leaders fear that the pipeline is only the beginning of the Trump administration’s attempt to erode tribal sovereignty. Reuters reported that some of the president’s advisers even hope to “privatize” American Indian reservations, fulfilling the old dream of white settlers to open these lands to unfettered development.

Jim Gray says the Trump administration will confront an American Indian movement galvanized and united by Standing Rock. “In the old days, our people didn’t have much of a voice,” he told a rally in Tulsa, Oklahoma, last fall. “Now we do…The world is watching.” As for Chris Turley, he’s back at his home in Osage territory. But if summoned by the leaders of any tribe in need, he says he’s prepared to pack up his rucksack: “I can walk across America.”

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Slaughter of the Osage, Betrayal of the Sioux

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How Do Partisans React to the Election of One of Their Own?

Mother Jones

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Via Gallup, here’s another hot-off-the-presses example of different partisan responses to similar situations:

Republican views of the taxes they pay improved substantially when Bush and Trump were elected—even before any actual changes were made to the tax code—while Democrats had essentially no reaction when Obama was elected. Likewise, Republican views declined sharply when Obama was elected, but Democratic views didn’t decline when Bush and Trump were elected.

Now, this is not a great example. Republicans take taxes more seriously than Democrats, and they expect that Republican presidents will cut taxes. The fact that their view of tax fairness changes even before anything happens may simply reflect their justified confidence that their taxes will indeed go down under a Republican administration.

If, instead, the question were, “What’s your view of racial justice in America?” it’s possible that Democrats would react strongly to the election of a Republican, while Republicans wouldn’t care much. Does anybody know of any actual examples like this?

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How Do Partisans React to the Election of One of Their Own?

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