“I have no time for foolishness.”

The function, the very serious function of racism is distraction. It keeps you from doing your work. It keeps you explaining, over and over again, your reason for being. Somebody says you have no language and you spend twenty years proving that you do. Somebody says your head isn’t shaped properly so you have scientists working on the fact that it is. Somebody says you have no art, so you dredge that up. Somebody says you have no kingdoms, so you dredge that up. None of this is necessary. There will always be one more thing.

Toni Morrison

This is the quote that came to mind as I watched a clip of CNN’s Dana Bash asking the governor of my state, Wes Moore, about Republicans blaming diversity policies for the collapse of the Francis Scott Key Bridge. Governor Moore’s response to Bash’s initial question was the right one in my view, because he dismissed the Republican assertions as foolishness and talked about closure and comfort for the families of those killed in the accident, safety for first responders, re-opening the channel and port, and rebuilding the bridge. Bash persisted in asking the governor about the “DEI mayor” insult against Baltimore mayor Brandon Scott by someone from the blue check brigade on Twitter. Governor Moore’s response was similarly focused on Baltimore’s recovery from the accident, which he ended by saying “I’m focused on what matters right now.”

Unlike the poor journalism which animated my earlier complaint against the press coverage of the disaster (which leaves the racism of critics as subtext), Dana Bash’s line of questioning directly aids and abets racists and their critique by foregrounding it and asking the governor of the state to respond to it as if it is legitimate. There is of course no actual evidence that DEI had anything to do with a ship the size and the weight of a skyscraper plowing into the bridge and destroying it. So why would Dana Bash waste air time elevating the ignorant nonsense of GOP pols spewing racism on Twitter? My guess is that CNN wanted to appear “balanced”, but they failed at that in addition to wasting the governor’s time and that of their viewers. What does a Utah state representative have to say that could possibly be relevant to the issue at hand? As it turned out, absolutely nothing. What does a former member of the Florida House of Representatives have to say that could be relevant? Again, absolutely nothing. Remember–six people died as a result of this accident. As of this writing, some of the dead still have not been recovered. A key driver of economic vitality for the city and the state is now at risk. Dana Bash (and/or her producers) still chose to waste nearly two minutes of airtime on racist, conspiratorial nonsense from the fever swamps of Twitter.

Journalism isn’t economics, but opportunity cost is a useful lens through which to view the time spent on foolishness. The entire interview was just over seven minutes long, and most of the questions were good, prompting useful responses from Governor Moore. But about 20% of the interview time was taken up by GOP nonsense from Twitter. That’s time which could have been spent asking about potential future changes in policies and procedures for handling large cargo ships in the future. It could have been used to ask about the victims of the accident, who merited only a brief mention from Bash at the end of the interview. It could have been used for a deeper dive into the local economic impacts of the accident on the Port of Baltimore, and on the people who work there. Many port workers live in Dundalk, MD, a place that differs quite a bit demographically from what racists on Twitter seem to think.

Joy Reid’s interview with Mayor Scott, even while calling out the conspiracy theories around the accident as ridiculous, did surface the very same tweets from the fever swamp as Dana Bash did. Mayor Scott took the opportunity to respond to the racist assertions from Twitter, which is his right. But a large part of me wishes that he had followed the governor’s example and left the foolishness of the right-wing fever swamps to Black Twitter. Because if there’s anything Black Twitter does well, it’s turn insults on their head. Since DEI is the new n-word, here is a small sampling of what’s been done with it:

In my view, journalism continues to let social media be their assignment editor and set the agenda. Whether would-be centrists like CNN or NPR, or overtly left-leaning MSNBC, Twitter still figures far too prominently in their coverage and in their questions. Particularly when the owner of Twitter has made it his mission to platform Nazis and personally amplify the most offensive and extreme right-wing thoughts, integrating the worst output of such a platform into news coverage cannot help but make the news product worse, and less useful to us as citizens. Difficult as it is to find conservative perspectives on issues that are actually useful, the press needs to make the effort. Racist positions are not owed airtime simply because they are “the other side”. In researching this post, I found Ed O’Keefe of CBS’ Face the Nation did the same thing Dana Bash did when he interviewed Mayor Scott. Here’s a quote of O’Keefe’s question:

I’ve got to ask you one of the wilder things is some conservative critics blamed the bridge collapse on diversity, equity and inclusion policies in Maryland. Diversity, equity inclusion, better known as DEI to a lot of people. They called you, some critics, “the DEI mayor.” What did you make of that when you heard it?

Ed O’Keefe interviewing Mayor Brandon Scott on Face the Nation, March 31, 2024

To steal a line from President Mohamed Irfaan Ali of Guyana, “Let me stop you right there.” No, Ed O’Keefe, you don’t have to ask the mayor of Baltimore about conspiratorial nonsense from aspiring governors and congressmen from Utah and Florida just because they happen to be Republican. Not only do they not represent Baltimore, they would probably be lucky to be able to find the city on a map. They don’t have relevant expertise in shipping or ports or bridge-building or disaster response. Don’t be the journalist who makes a conversation worse by bringing voices to it that have nothing to add beyond ignorance and racism.

Now Sharing to the Fediverse, My Threads Account

When I checked in on my Threads account recently, I saw that the Fediverse sharing feature was available and turned it on.

As you can see above, I’ve added my Threads account in the last available metadata entry on my primary Fediverse account. In testing the new link before publishing this post, I found that Ivory desktop and mobile clients appear to rewrite the link to @genxjamerican (which doesn’t work). Clicking the Open in Browser button that comes up after the first failed site visit gives you another rewritten URL, https://www.threads.net/user/genxjamerican#. (which also doesn’t work). When I visit my profile in a browser however (at https://hachyderm.io/@genxjamerican), clicking the Threads link takes me directly to the profile as expected.

A search for my handle in the Ivory desktop client now shows my Threads account and my Mastodon account. Only time will tell whether or not the anti-Meta fedi pact I posted about last year has a meaningful impact on the growth of Threads in the fediverse. Meta could just as easily sabotage its own growth through strategic errors. One of the fediverse’s most consistent advocates and contributors, Dr. Jorge Caballero, makes a persuasive argument that paying for “good” Threads posts is one such mistake.

I haven’t really set up anything to cross-post the same content to multiple social media accounts beyond what Jetpack Social supports. My blog posts are automatically posted to Tumblr and to my Mastodon account. I might change that just to see how different the levels of engagement are. IFTTT is probably where I should look first, having set up a bunch of automations there in the past. So far, when it comes to sharing posts from this blog, followers on Mastodon engage far more often with them than in any other social media network where I have a presence.

Blaming the Victim: The Shoddy Press Coverage of the Dali Destroying the Francis Scott Key Bridge

I’ve noticed a nasty trend in the way the press is covering the recent destruction of the Francis Scott Key Bridge when a freighter named the Dali crashed into it. The most recent example I’ve seen of this trend is this Politico story, titled “Outmoded bridge design likely contributed to catastrophic loss in Baltimore”. The lede continues to blame the victim this way:

The collapse of Baltimore’s Francis Scott Key Bridge Tuesday after a collision with a massive container ship could have been mitigated with simple “fenders” that have been standard issues on new bridges since the 1990s.

Outmoded bridge design likely contributed to catastrophic loss in Baltimore, Politico, March 27, 2024

The way the author writes this, you’d think the bridge jumped in front of the ship like a defender trying to draw a charge during a basketball game. Apparently, designers of the bridge in the 1970s were supposed to anticipate that freighters going in and out of that harbor would quadruple in size over the subsequent half century. Later on in the story, they quote an attorney in Florida who defended a freighter captain whose ship hit the Sunshine Skyway Bridge during a storm, resulting in the deaths of 35 people.

If you look at the Baltimore bridge pictures, you’ll see the piers are unprotected,” Yerrid said in an interview. “That occurred in 1980, our horrific accident. So what I’m saying is, they didn’t learn. And for 44 years–I’m not saying they should have rebuilt their whole bridge, but they certainly should have taken safety measures.”

Outmoded bridge design likely contributed to catastrophic loss in Baltimore, Politico, March 27, 2024

Nowhere in the entire Politico piece is there any accountability placed on the people responsible navigating the ship. Not a single question posed about the wisdom of a ship that size (which launched in late 2014) having just one propeller and rudder. This USA Today piece smartly questions the practice of not requiring tug escorts for such large ships. It even mentions the Exxon-Valdez oil spill, the oil tanker-caused ecological disaster that resulted in double-hulled construction being mandated for all such ships in the future.

Most of the radio coverage I’ve heard focuses far more on the collapse of the bridge than on the massive ship which caused it. But a bit of searching yielded this foreign press story, which talks not only about the Dali’s previous crash at the Port of Antwerp, but about previous sanctions from the Australian government against the owner of the ship, Grace Ocean.

Overall, the coverage of this disaster reminded me a lot of how survivors of Hurricane Katrina were called refugees in and by the press. The implication that these people didn’t belong here couldn’t have been more obvious. Nor was it a coincidence that the vast majority of those dead and displaced by the storm were poor and black. Social media has been predictably filled with derisive commentary from so-called conservatives about the black governor of the state, Wes Moore, not wearing a suit during a 3 am press conference responding to the disaster. They’ve called Brandon Scott a “DEI” mayor, ignoring the fact that he was elected by a majority of the citizens of Baltimore in 2020. Right-wing pundits have blamed everything from COVID to border policy for the bridge collapsing–nevermind the fact that any bridge hit by something the size and weight of a skyscraper was going to fall down. Nearly 20 years after Katrina, the sort of implicit bias we saw in mainstream news coverage of that disaster seems no less prevalent today.

Grand Opening, Grand Closing

Ronna McDaniel’s tenure as an NBC contributor has ended far more quickly than expected. Depending on which source you choose, it was either 4 days (per Fortune Magazine) or 5 days (per Rolling Stone). It would be easy to make jokes about her short tenure in the job (compared to Anthony Scaramucci or Liz Truss for example), but the truth is that she never should have been offered a role in the first place. She isn’t the first former RNC chair NBC has hired. Michael Steele remains a political analyst today for MSNBC, in addition to hosting his own podcast and other endeavors. But unlike Michael Steele, Ronna McDaniel is an election denier (or was, until a $300,000/year contract from NBC meant acknowledging the truth). Here’s what vice-chair of the House’s January 6 committee Liz Cheney had to say about McDaniel:

Ronna facilitated Trump’s corrupt fake elector plot and his effort to pressure Michigan officials not to certify the legitimate election outcome. She spread his lies and called January 6 ‘legitimate political discourse’. That’s not ‘taking one for the team’. It’s enabling criminality and depravity.

Liz Cheney: controversial NBC hire Ronna McDaniel enabled Trump ‘depravity’, The Guardian, March 25, 2024

Per the NPR article reporting McDaniel being dropped by NBC, she was still calling the 2020 election–an election where the GOP made a net gain of 14 seats in the House of Representatives–a rigged election in a summer 2023 interview with Chris Wallace on CNN. Ronna McDaniel led the RNC in actively undermining the legitimacy of the 2020 election, and in attacking the legitimacy of the press.

The internal email sent by NBC chairman Cesar Conde (and presumably leaked to NPR) contains both a classic non-apology apology and a fake accountability line:

I want to personally apologize to our team members who felt we let them down,” Conde added. While this was a collective recommendation by some members of our leadership team, I approved it and take full responsibility for it.

Former RNC Chair Ronna McDaniel dropped as NBC contributor following outcry, NPR, March 26, 2024

If those lines are representative of content and tone of the rest of that email, that’s not even close to enough of an apology for exercising such poor judgment. Conde chose to hire someone who as chair of RNC, led it to censure Liz Cheney and Adam Kinzinger for participating in the January 6 committee. Regardless of her spin on the matter in the Chris Wallace interview, the RNC under McDaniel’s leadership characterized the actions of rioters on January 6, 2021 as “legitimate political discourse”. Conde chose to hire the woman who said the following about his employees:

Ronna McDaniel in her role as RNC chair insulting people she would later call colleagues for a grand total of two weeks before being dropped by NBC

A leadership culture that couldn’t see the problem with hiring someone like Ronna McDaniel probably has a lot in common with the now-former leaders of Boeing, who presided over a culture which prioritized profit over safety to such an extent that a door plug blew out. Conde and everyone else who agreed to hire that election-denier should be shown the door in the same way.

Note: I updated this after initially publishing it to reflect McDaniel’s actual tenure as an NBC News contributor.

How the U.S. Waged a Global Campaign Against Baby Formula Regulation

The following story was originally published by ProPublica, written and photographed by the contributors listed below.  I’ve been donating to ProPublica for a number of years and encourage those who read this blog to do so as well.  ProPublica can be followed on social media at BlueSky (@propublica.bsky.social), Mastodon (@ProPublica), and on Twitter (@propublica)


by Heather Vogell, ProPublica, photography by June Watsamon Tri-yasakda, special to ProPublica

ProPublica is a Pulitzer Prize-winning investigative newsroom. Sign up for The Big Story newsletter to receive stories like this one in your inbox.

LOPBURI, Thailand — When Gustun Aunlamai arrived at school at age 4, he was so overweight that his teacher worried he’d have trouble breathing during naptime. His arms and legs were thick. His mouth peeked out from two ballooning cheeks. He moved slowly.

Throughout his toddler years, Gustun had regularly asked his parents to refill his bottle with his favorite “milk” — a type of formula made especially for kids his age. And they were happy to oblige. Sumet Aunlamai and Jintana Suksiri, who lived in a rural province north of Bangkok, had carefully chosen the brand.

Like other Thai parents, they’d been bombarded by formula advertising on television, online and in grocery stores, where a rainbow of boxes and canisters of powdered toddler milk featured teddy bears in graduation caps and giveaways like toys or diapers. It cost far more than cow’s milk but promised to make Gustun stronger and smarter.

What Jintana didn’t know, as Gustun chugged the formula and his weight neared 70 pounds, was that her son’s choice drink had sparked an international feud.

In 2017, Thai health experts tried to stop aggressive advertising for all formula — including that made for toddlers. Officials feared company promotions could mislead parents and even persuade mothers to forgo breastfeeding, depriving their children of the vital health benefits that come with it. At the time, Thailand’s breastfeeding rate was already among the lowest in the world.

But the $47 billion formula industry fought back, enlisting the help of a rich and powerful ally: the United States government.

Over 15 months, U.S. trade officials worked closely with formula makers to wage a diplomatic and political pressure campaign to weaken Thailand’s proposed ban on formula marketing, a ProPublica investigation found.

U.S. officials delivered a letter to Bangkok asking pointed questions, including whether the legislation was “more trade restrictive than necessary.” They also lodged criticisms in a bilateral trade meeting with Thai authorities and on the floor of the World Trade Organization, where such complaints can lead to costly legal battles.

Thai officials argued the new regulation would protect mothers and babies. In the end, though, the Thai government backed down. It banned advertising for infant formula but allowed companies to market formula for toddlers like Gustun — one of the industry’s most profitable and dubious products. The final law also slashed penalties for violators.

“Our law is really weak and enforcement is really weak,” said Dr. Siriwat Tiptaradol, who championed the proposed ban as a former adviser to Thailand’s health minister, in an interview in Bangkok. “I was upset and disappointed.”

The U.S. endeavor in Thailand was part of a decadeslong, global effort to protect the United States’ significant formula production and export business. ProPublica reviewed thousands of pages of emails and memos by U.S. officials, letters to foreign ministries, correspondence from industry groups and academic research. We also interviewed health experts and government leaders in nearly two dozen countries, including former U.S. officials.

Together, the reporting shows the U.S. government repeatedly used its muscle to advance the interests of multinational baby formula companies, such as Mead Johnson and Abbott, while thwarting the efforts of Thailand and other developing countries to safeguard the health of their youngest children.

Just last March, at a meeting in Dusseldorf, Germany, U.S. officials opposed a reference to formula advertising bans in a new international food standard for toddler milk. The move came after industry lobbying.

At the center of many efforts was the Office of the United States Trade Representative, which advises the president on trade policy. Emails show its staff in regular contact with formula makers and their industry groups through meetings, calls and position papers — which the industry used to hammer its objections to regulations around the world. “Mead Johnson and other infant formula producers have been very vocal, expressing concerns to the Thai and U.S. governments about what they feel is the imminent passage of this measure,” U.S. officials wrote in 2016 as Thailand considered its formula marketing ban.

Officials with the USTR and other trade-focused agencies, including those within the U.S. Department of Agriculture, then echoed those positions in communications with other countries or in international forums like the WTO, the documents showed.

“The U.S. is highly influential,” said Dr. Robert Boyle, a doctor at Imperial College London who has researched international formula use.

In many places, the lobbying appeared to succeed. Hong Kong, for example, watered down some of its formula regulations after objections from U.S. trade officials, who said in a draft letter that the rules “could result in significant commercial loss for U.S. companies.” And a proposal in Indonesia stalled after questions from the U.S. at the WTO.

Notably, such advocacy has not only hindered local attempts to stop formula marketing that critics say is misleading or even predatory, but it has also undermined the work of U.S. foreign aid and health officials, who have long supported breastfeeding across the globe. They call it “one of the highest returns on investment of any development activity” because of its well-documented benefits for babies’ health and cognitive growth.

“I think it is shocking,” said Jane Badham, an independent nutrition consultant and expert in child feeding who works internationally. “One doesn’t realize how much this kind of interference is happening.”

The meddling broke into public view in 2018, when officials from the Trump administration were accused of threatening to withhold military aid from Ecuador if the country didn’t drop its proposed resolution in support of breastfeeding at the World Health Organization; the U.S. ambassador later denied making threats. But ProPublica’s investigation found that the scope of the interference far exceeded that incident and continues today under the Biden administration. In fact, Ecuador and Thailand were just two stops on a worldwide crusade against regulation that has spanned Republican and Democratic presidential administrations and touched more than a dozen countries, including South Africa, Guatemala and Kenya, as well as Southeast Asian nations such as the Philippines, Malaysia and Vietnam.

Neither Abbott nor Mead Johnson responded to requests for interviews or to detailed questions from ProPublica. The latter’s parent company, Reckitt, also did not respond to our request for comment.

USTR officials declined to be interviewed for this story. In response to written questions, an agency spokesperson said in a statement that under President Joe Biden, the trade agency has emphasized respecting the role of foreign governments in deciding the appropriate regulatory approach, including with respect to infant formula. USTR has been committed “to making sure our trade policy works for people — not blindly advancing the will of corporations,” the statement said.

That has meant moving the office “away from the formerly standard view that too often deemed legitimate regulatory initiatives as trade barriers,” the spokesperson said, adding that the move has “enervated” corporate players who have been used to “getting their way at USTR for decades.”

The spokesperson, however, declined to provide examples of the new approach in relation to formula. She also declined to respond to questions about government documents that show the trade office under Biden working with other federal agencies to pursue the same playbook on formula as prior administrations.

In 2021, for example, officials complained to Filipino trade authorities about stricter formula marketing rules they considered “overkill,” and expressed fears about regulatory “spillover” elsewhere in Southeast Asia. In Kenya, they sought to strike a provision in a proposed formula advertising ban after an industry group sent USTR a paper seeking its deletion.

Public health officials are increasingly raising concerns about toddler milk, especially as companies deploy advertising for products using bold — and, critics say, often unsupported — health claims.

In October, the American Academy of Pediatrics published a new report warning about the marketing for toddler formula. “Products that are advertised as ‘follow-up formulas,’ ‘weaning formulas’ or ‘toddler milks and formulas’ are misleadingly promoted as a necessary part of a healthy child’s diet,” said Dr. George Fuchs III, a lead author of the study. The drinks are worse than infant formula for babies under 1 year, he said, and “offer no benefit over much less expensive cow’s milk in most children older than age 12 months.”

Unlike infant formula, toddler milks are not regulated by the Food and Drug Administration. Nutrition experts have warned about hefty doses of sweeteners and sodium in some brands.

The Infant Nutrition Council of America, a formula industry group, defended toddler drinks, saying they “can contribute to nutritional intake and potentially fill nutrition gaps for children 12 months and older.”

Toddler milk made up just 11% of all formula sales in the United States in 2023, but it was much more popular abroad, according to Euromonitor, which tracks sales data. Worldwide, it made up 37% of sales. In Thailand, it accounted for more than half.

The country is now struggling to address the consequences of the law’s weakening, researchers and officials say. More than 1 in 10 Thai children under 5 years old face what researchers call a “double burden of malnutrition” that leaves some struggling with obesity and others lagging behind growth targets. Increased breastfeeding could help address both problems.

“You go to school and see a lot of kids are overweight,” said Dr. Somsak Lolekha, president of the Royal College of Pediatricians of Thailand and the Pediatric Society of Thailand. “We have a big problem in Thailand.”

Targeting “the Sippy Cups of the World”

Formula is one of only two products with international recommendations to prohibit its marketing. The other is tobacco.

The warning dates to 1981, when the nations that make up the governing body of the WHO passed the International Code of Marketing of Breast-Milk Substitutes. It aimed to stop all promotion of drinks meant to replace breast milk.

The move followed reports in the 1970s that thousands of infants in impoverished countries were falling ill and dying after drinking formula.

Not only were mothers using costly formula to replace breast milk, which would have given their babies better immunity, but the water parents mixed milk powder with was sometimes contaminated, leading to life-threatening bacterial infections and diarrhea. Overdiluted formula was causing severe malnutrition, too. Activists called for a boycott of the world’s biggest formula maker, Nestlé, which had heavily promoted its products in developing countries.

During the height of the controversy, an average 212,000 babies in low- and middle-income countries died preventable deaths linked to formula use annually, an academic paper circulated by the National Bureau of Economic Research estimated last year. (Nestlé disputed the research and said it was the first formula company to incorporate the WHO recommendations into its marketing policy in 1982.)

The United States cast the sole “no” vote against the international code, with the Reagan administration citing First Amendment protections on advertising. The Washington Post quoted a senior federal official who resigned over the decision, saying it would be “seen in the world as a victory for corporate interests.”

To be sure, formula was crucial for babies who didn’t have access to breast milk. But for those who did, public health experts feared aggressive advertising and free samples would derail a critical cycle. Once babies start drinking formula regularly, research shows, their mothers’ breast milk supply can drop.

“The evidence is strong,” a WHO and UNICEF report explains. “Formula milk marketing, not the product itself, disrupts informed decision-making and undermines breastfeeding and child health.”

In the years since the international code was adopted, at least 144 countries have sought to enshrine its voluntary restrictions into laws that bar formula marketing in stores, hospitals and elsewhere. Despite poor enforcement in many places, the laws have had measurable benefits. Studies have shown that countries that adopted marketing bans saw their breastfeeding rates rise, and more breastfeeding is in turn linked to fewer infant deaths. It also reduces mothers’ risk of certain cancers.

Baby formula manufacturers responded to slower growth in infant formula sales by creating products for older babies and toddlers — age groups that fell outside most regulations.

“We have a proven global demand-creation model,” Greg Shewchuk, Mead Johnson’s head of global marketing, told investors in 2013. “Capture baby very early on, often before it’s born, hold onto them through feeding and their feeding challenges and extend them as long as possible.”

Mead, which was based in the United States until a British company bought it in 2017, termed the strategy A-R-E: Acquisition, Retention, Extension.

To make toddler products more attractive to parents, who usually just gave their kids cheaper cow’s milk beginning at age 1, formula makers began adding nutritional supplements like DHA, an omega-3 fatty acid found in fish and algae with purported benefits for brain and eye health.

The claims, however, are unproven. Studies have found no definitive link between babies’ brain and eye development and DHA supplementation, a 2017 meta-analysis of 15 studies found, according to Cochrane, a nonprofit that supports systematic reviews of health research. In fact, breastfed babies perform better on intelligence tests.

Still, formula companies used additives like DHA “as a hook to expand their market share,” said Peter Buzy, CFO and treasurer of Martek Biosciences Corp., which produced DHA, at an analysts’ meeting in 2004. “Really targeting, you know, the sippy cups of the world.”

A spokesperson for the Infant Nutrition Council of America defended the health and nutrition claims, saying they “are based on science and medical research and meet all legal, regulatory and nutritional science requirements.”

The marketing worked. Toddler milk has overtaken infant formula in worldwide sales, according to Euromonitor. Global toddler milk sales have grown by 25% since 2013, to almost $20 billion. A little less than two gallons of toddler milk can cost $30 or more, compared with around $3.94 a gallon for regular milk in the U.S.

For formula manufacturers, the popularity of the product had another benefit: It helped them circumvent local rules against marketing infant formula. By using similar logos, colors or fonts across product lines, legal advertisements for toddler milk effectively promoted baby formula too, even in places where it was subject to a marketing ban. Nutrition experts and advocates called the tactic “cross-promotion.”

During the past decade, sales of regular infant formula grew about 10% worldwide, to $15 billion.

A Focus on Developing Nations

In 2014, Jintana gave birth to the couple’s first child, whom they nicknamed “Captain” after a soccer player.

The family lived in military housing in Lopburi, a rural province two hours north of Bangkok whose capital city is world famous for its flourishing monkey population. With Sumet serving in the Army, Jintana took time off from her job in customer relations to care for the newborn.

She breastfed Captain until it was time to return to work three months later. The couple shopped for formula. Health claims formula makers listed on packages were “very important,” Sumet said through a translator. They settled on a product called Dumex that promised to strengthen Captain’s brain, immunity and eyes. It was made by the French giant, Danone, which boasts that the brand “has happily raised generations of Thais.”

Millions of women like Jintana had been entering the workforce in developing regions such as Southeast Asia. The big six transnational companies that make most of the world’s baby formula saw this as a boon.

For Mead Johnson, the maker of Enfamil, the benefits of developing economies were twofold. “Firstly, in most countries, breastfeeding is incompatible with women participating fully in the workforce,” CEO Kasper Jakobsen said in a 2013 earnings call. “And, secondly, as women participate in the workforce, that creates a rapid increase in the number of dual-income families that can afford more expensive, premium nutrition products.”

By then, Thailand was Mead’s fifth-biggest market worldwide. And Southeast Asia was well on its way to becoming more important to the formula industry than the U.S. and European markets combined.

As business boomed, advocates lambasted the industry for its practices. Mead employees, for example, allegedly bribed health care workers at government hospitals in China so they would recommend the company’s formula to new mothers — charges the company ultimately resolved with a $12 million settlement in 2015; the company did not admit or deny regulators’ findings in the agreement. Danone faced similar allegations from Chinese media related to the brand Captain and Gustun drank, Dumex. Danone said at the time that it accepted responsibility for the lapses and suspended the program involved, according to the BBC.

The industry maintained close relationships with the medical establishment in Thailand, too. One pediatrician and advocate for breastfeeding, Dr. Sutheera Uerpairojkit, told ProPublica that two decades ago, she saw formula companies offer doctors and medical staff trips abroad in exchange for giving patients free samples and collecting their data. Some took the trips. Sutheera did not participate.

Thailand adopted the international code in 1984 — but only as a voluntary measure. Over the years, Siriwat and others pushed for tougher formula marketing restrictions without success. In one meeting, he and colleagues at the Thai health ministry pressed formula companies to comply with the voluntary rules, which they’d routinely broken. The businesses resisted. “One company said, ‘If I do not violate, I cannot compete with other companies,’” Siriwat recalled in September.

“That makes me very angry,” he said, remembering how he stormed out of the room.

By 2014, with Thailand’s breastfeeding rate at only 12%, according to one survey, Siriwat persuaded the health minister to seek legislation to formally ban marketing infant and toddler formula. He wanted the new law to include enforcement and penalties for violators.

The WHO, a United Nations agency promoting health, wanted more countries to pursue such measures. Its staff in 2016 released new recommendations on ending the promotion of formula products for toddlers, as well as infants. In theory, that guidance could help countries like Thailand fend off trade complaints about new marketing bans. And an endorsement by the WHO’s member nations would underscore the recommendations’ importance.

But public health wasn’t the only concern as nations prepared to vote.

U.S. Intervention on a Global Stage

The WHO effort alarmed formula makers, which worried that it would kick off a new round of laws against formula marketing. “That’s what’s at stake by a new measure that’s being proposed by the WHO, without any scientific evidence,” Audrae Erickson, a Mead Johnson lobbyist, told a trade association crowd.

Industry groups scrambled to arrange meetings with high-level officials in Washington. “Clearly, the potential economic and international trade implications from this proposed draft guidance are quite significant,” the pro-industry Infant Nutrition Council of America said in a letter to an FDA official in 2016.

That year, companies and trade groups connected to commercial milk formula, including Abbott Laboratories and Nestlé, spent almost $7 million lobbying U.S. officials about WHO matters, after a decade in which their lobbying disclosures had not mentioned the organization at all, a study found.

The industry’s outreach spanned Washington. The Infant Nutrition Council of America, for instance, lobbied the Senate, House and USTR — as well as the commerce, state, agriculture and health departments, lobbying records show. The efforts attracted the attention of leaders in both parties, including House Speaker Paul Ryan, who called President Barack Obama about the issue, according to records obtained by ProPublica.

Inside the administration, USTR took up the formula industry’s cause. “USTR does not support issuance of the guidance or resolution” on toddler milk, wrote Jennifer Stradtman, a USTR official, in an email to other federal officials. Furthermore, she wrote, her office “will not be able to accept” any resolution that encouraged WHO member countries to convert any of the guidance into law.

It wasn’t the first time the USTR sided with industry despite public health concerns: In 2013, a group of Democratic senators scolded U.S. Trade Representative Michael Froman for a proposal to help tobacco companies use trade law to “subvert” tobacco control measures — a stance the lawmakers called “deplorable and a serious threat to global public health.”

In the debate over toddler milk, officials from Froman’s office repeatedly questioned science, prompting a fight with public health officials, internal documents show.

In one exchange, then-USTR lawyer Sally Laing objected to a sentence from the guidance that said research suggests food preferences are established early in life.

“Unsupported,” Laing wrote.

Health officials pushed back on that, as well as other USTR edits. “MUST NOT DELETE,” the Centers for Disease Control and Prevention protested in all caps, arguing that key language in the resolution was, in fact, backed by scientific evidence. But such concerns appeared to get lost in the debate, as those sentences were ultimately struck from the text.

Meanwhile, as WHO member nations gathered to vote in Geneva, formula lobbyists had U.S. officials “on speed dial” and urged them to weaken the WHO resolution, said Jimmy Kolker, who led the negotiations for the U.S. as an assistant secretary in the Health and Human Services Department.

And the industry’s agents appeared to have inside knowledge. A baby-formula industry association lobbyist cornered Kolker. “From her approach, it was obvious to me that she had been forwarded an internal, very-limited-distribution USG email,” he wrote in an email to other U.S. government officials. “This is unacceptable and makes our job as negotiators significantly more difficult.”

In the end, the United States delegation persuaded WHO nations not to “endorse” their staffs’ own recommendations. Instead, the body voted only that it “welcomes with appreciation” the guidance — language that undercut its utility. The resolution, lacking the weight of an official endorsement, left many nations puzzled over whether it would help neutralize trade complaints.

“That has caused a lot of confusion,” said Laurence Grummer-Strawn, a WHO official who focuses on child feeding and former nutrition chief for the CDC. “What does that really mean?”

Stradtman and Laing could not be reached for comment. Froman did not respond to requests for comment, and a USTR spokesperson declined to comment on the office’s actions during the WHO debate. In a general statement, the spokesperson said that “with regard to infant formula, USTR, in conjunction with others in the interagency, work to uphold and advocate for policy and regulatory decisions that are based on science.”

The practical impact of the resolution’s weakened wording became clear within months, when the U.S. and other dairy producers like Australia and Canada accused Thailand of attempting to obstruct trade with its marketing ban. Thai officials argued their country had a “strong need for a regulation,” saying the “sales promotion” of milk formula for babies and toddlers contributed to the nation’s low rate of breastfeeding. But when it referenced the WHO’s guidance and resolution to support its position at the WTO, the U.S. countered that those measures did not amount to “an international standard.”

When the Thai National Legislative Assembly finally passed its formula marketing measure in April 2017, the provisions that the U.S. and its allies — plus some Thai doctors and industry lobbyists — had complained about most loudly were either watered down or gone entirely. Lawmakers had reduced the maximum criminal penalty for violations from three years in prison to one year in prison and the maximum fine from about $8,730 to $2,910, a USDA document shows.

The law banned the marketing of infant formula and outlawed cross-promotion, but it still allowed advertising on products for 1- to 3-year-olds.

At a June 2017 meeting of the WTO, the U.S. called the changes “a welcome modification.”

“Addicted to the Bottle”

The next year, Sumet and Jintana celebrated the birth of their second child, Gustun. As she had with her firstborn, Jintana breastfed Gustun until he was 3 months old, then started him on formula so she could go back to work.

The couple diligently followed the “stages” prescribed by Dumex, which came in a cheery red package: Stage 1 formula when Gustun was an infant, Stage 2 when he was an older baby and Stage 3 when he became a toddler. He craved formula, and his parents, believing it was healthy, always gave him more. By the time he was 3, he reached his peak weight of about 66 pounds — the same as an average9-year-old. He was drinking six or seven bottles a day, each holding about 12 ounces of toddler milk.

Jintana wasn’t worried at first as Gustun grew pudgy. His brother, Captain, had been big, too — almost 60 pounds — at the same age. But when Gustun started school in person after the pandemic, his teachers were concerned. They had seen others arrive, as one put it, “addicted to the bottle.” The weight slowed Gustun down during movement time, his teacher Tida Rakrukrob said through a translator. “He would move slowly and was less active compared to other children,” she said.

When another teacher posted a video on TikTok showing herself comforting and talking with Gustun one day, it went viral — receiving 732,000 likes and many comments about how cute he was. But his teacher’s concern with his difficulty moving led his parents to bring him to see a doctor, who tested him for a hormone imbalance and checked him for diabetes. The tests came back negative. The parents reduced the fried food, dessert and snacks Gustun ate.

The biggest change the family made, though, was eliminating toddler formula from his diet. His school gave him cow’s milk instead, as it did for other children.

Gustun’s extra weight began to disappear.

Looking back, Jintana said she thinks he gained so much “because of the toddler milk.”

Today at age 6, Gustun is no longer on a restricted diet — he can eat fried food and dessert — and weighs 35 pounds, about half of what he weighed at the peak of his Dumex consumption. He is more outgoing at school, Jintana said, and plays soccer with his older brother every day. Captain lost a similar amount of weight after switching to cow’s milk at school and is now 9 and slim, weighing around 51 pounds.

One Monday in September, the brothers — both in soccer jerseys — kicked a ball back and forth in the driveway of the family’s brightly painted red house. Gustun, who has a lightning bolt shaved into his hairline, chased the ball and tried to get it away from his brother, who darted about quickly, tapping it from foot to foot.

“Now, his movement is perfect,” his mother said.

Danone, the company that makes Dumex, said in a statement that while breast milk offers children the best nutritional start, “50 years of scientific research into nutritional needs in early life underpins our products, and we do not make claims that have not been backed up by scientific research.” The company said that research has shown that toddler milk can provide nutrition and help improve the diet of children age 1 and older, reducing the risk of iron and vitamin D deficiency.

“We encourage parents to follow the guidelines on pack when using our products, which are carefully calibrated so that babies and infants receive the right amount of nutrients they need each day from our products,” the company said.

“The Tactic is ‘I Will Violate Your Law’”

Thailand’s marketing restrictions have done little to curb practices like cross-promotion, said Nisachol Cetthakrikul, who has worked in the Thai health ministry and studied the law.

Indeed, at two supermarkets in Bangkok, shiny walls of powdered formula boxes seven shelves high greeted shoppers on a warm day in September. There were few differences between packages for products intended for babies and those intended for toddlers.

Formula makers and stores offered steep discounts for toddler milk, calling one a “Mommy Fair Shock Deal.” An offer on one shelf told parents if they spent about $87 on Hi-Q1 toddler formula, made by Danone, they could receive a free yellow and blue swing set worth about $27. Other offers included a clay “pizza dough cooking fun set,” a toy keyboard and microphone, and even a pushable “speedcar trolley” that a toddler could sit in.

A 2022 study led by Nisachol found 227 instances of formula marketing that violated the law.

The government has levied fines for violations, but Thailand’s health ministry doesn’t name offenders. “The tactic is ‘I will violate your law,’” Siriwat said, “‘and prepare the budget for the fine.’”

Thai health authorities have tried to fight back by raising parents’ awareness of the benefits of breastfeeding. The health ministry, for example, erected billboards saying “breast milk is medicine” and called doctors to a meeting to urge them to promote breastfeeding among their patients. But these campaigns are no match for the formula companies’ massive spending on marketing, Siriwat said.

While Thailand’s exclusive breastfeeding rate for babies six months or younger rebounded to about 29% in 2022, UNICEF found, it is still far short of the WHO’s target of at least 50% by 2025. The country’s rates of obesity and stunting for children 5 and under are higher today than they were in 2016, the year before the watered-down formula law passed.

Dr. Somsak Lolekha, president of the Thai pediatric society, said formula isn’t the only reason for children’s weight problems. But it plays a big role, he said, because it’s so easy to drink — a point that tracks with studies showing that babies who breastfeed longer are less likely to become obese and develop diabetes than those who drink formula.

Last summer, Thailand joined more than 100 nations at the WHO’s headquarters in Geneva to explore ways to fight unethical formula marketing. Attendees sat at long tables in a sleek, modern auditorium. Like other nations’ representatives, Dr. Titiporn Tuangratananon, an official with Thailand’s health ministry, declared her intentions on brightly colored paper posted at the front of the room: “Fully control” the marketing of formula to young children, and “Increase + expand enforcement.”

In an interview, Titiporn said health officials are trying to update the country’s marketing rules — including making some forms of toddler formula advertising, such as giveaways, discounts and free samples, illegal.

But that could ultimately prove difficult in a country that is now the seventh-largest market in the world for formula.

In fact, according to Titiporn, the government has already been deluged by public comments critical of its regulatory efforts. She suspected the pro-marketing remarks, some of which had been repeatedly copied and pasted, came from representatives of the formula industry.

“We know that it’s not real,” Titiporn said. “It’s not the real mothers.”

Is the Alabama embryo ruling pro-life or pro control?

That’s the title of this op-ed by Solomon Missouri, pastor of a rural church in eastern North Carolina and an Alabama native. While he is perhaps best known for a viral Twitter thread about modern romance, he was as serious as a heart attack in his discussion of the many flaws in the concurring opinion of Chief Justice Tom Parker–both in theology and in science. Pastor Missouri concludes (and I agree) that the ruling is pro control–just like the Dobbs decision from the Supreme Court which preceded it.

This paragraph in particular calls out his home state for its hypocrisy regarding the sanctity of the lives of children:

Alabama has the highest rates of maternal mortality among Southern states. Alabama 1 in 5 children live in poverty. Alabama ranks 48th in education, and 45th in children’s overall wellbeing. In January, the state rejected $65 million in federal funds which would have been used to feed children this summer. These systemic failures do not reflect love, compassion, or even sympathy. When so many systems fail children in Alabama it speaks to an underlying apathy and resentment.

Pastor Solomon Missouri, Is the Alabama embryo ruling pro-life or pro control?, February 29, 2024

The whole piece is well-worth your time to read in full, and share far and wide. These questions he ends his piece with are aimed directly at Christians:

[W]hy is cruelty the singular currency of your faith? Can a Gospel that breeds such hostility and animus towards its neighbors be considered good? Is it a “faith” if the state forces you to do it? And why are people who don’t share your faith required to follow your tenets under threat of prosecution?

Pastor Solomon Missouri, Is the Alabama embryo ruling pro-life or pro control?, February 29, 2024

The very first of the freedoms enumerated in Amendment I of the U.S. Constitution says “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof;” Yet so-called conservatives both in state legislatures, state courts, and federal courts seem bound and determined to compel adherence to a Christianity that bears no resemblance to the example of Christ.

Woodrow Wilson Needs to Stay “Cancelled”

The Atlantic chose the second day of Black History Month to publish this piece by David Frum to advocate for the “uncanceling” of Woodrow Wilson. In this post I will reiterate and expand on remarks I’ve made on social media, as well as those of others in opposition to Frum’s insidious project.

I read [Frum’s] piece and its primary utility is making clear how fully he stocked his administration with anti-black bigots. Expanding the imperial footprint of the U.S. in Haiti while supposedly putting the Philippines on a path to independence is especially telling.

https://bsky.app/profile/genxjamerican.com/post/3kkji2lhnfc2y

Particularly given the volume with which Frum sounded the alarm regarding the dangers of Trump and Trumpism to the republic before he was elected, it is especially curious to me that he would choose this moment to advocate for the uncanceling of one of the most dedicated bigots to ever occupy the White House. This 2015 piece from Government Executive Magazine (which is worth reading in full) makes clear that in a post-Civil War United States where the racism dial went to 10, Wilson’s went to 11. Wilson resegregated a federal bureaucracy that however imperfectly, had begun to integrate–even though the city surrounding it was still very segregated. In 1901–in the very same magazine where Frum makes the case to uncancel him–Woodrow Wilson argued against suffrage for black men, prior to his tenure as president of Princeton University. Frum’s recounting of Wilson’s anti-black, while rather detailed, still fails to capture its full breadth and depth. Wilson as Princeton University president blocked black students from attending the school.

Having already elected Trump once, in spite of (or in too many cases because of) explicitly racist and xenophobic appeals, the United States could very well elect him again despite numerous criminal indictments, a finding of fact that he sexually abused E. Jean Carroll, and even more explicitly white nationalist appeals than those in his 2016 run. This is the context in which Frum chooses to ask this question:

But if one man is judged the preeminent villain of his era for bigotries that were common among people of his place, time, and rank, that singular fixation demands explanation. Why Wilson rather than Taft or Coolidge?

David Frum, Uncancel Wilson, The Atlantic, February 2, 2024

My initial answer was this:

Not only should Wilson stay cancelled, every president who presided over Jim Crow in the South and the conditions that triggered the Great Migration should be judged more harshly.

https://bsky.app/profile/genxjamerican.com/post/3kkjib42wrc2r

As president, Wilson did advocate for lower tariffs, the Federal Reserve, the Federal Trade Commission, and the League of Nations. Wilson did nominate Jewish people to serve on the state supreme court as governor of New Jersey, and the Supreme Court as president. But that does not trump all the ways in which he used the increasing power he was given over the course of his life to make life worse for the black citizens of this country in every way possible. Frum touches lightly on the ways in which Wilson’s scholarship (he was trained as an historian) reflected his personal bigotry. Wilson wrote a five-volume history textbook that adhered to the Lost Cause propaganda regarding the Civil War. Here is Wilson writing in one of those volumes, A History of the American People: Reunion and Nationalization:

The white men of the South were aroused by the mere instinct of self-preservation to rid themselves, by fair means or foul, of the intolerable burden of governments sustained by the votes of ignorant negroes and conducted in the interest of adventurers: … There was no place of open action or of constitutional agitation, under the terms of reconstruction, for the men who were the real leaders of the southern communities. Its restrictions shut white men of the older order out from the suffrage even. They could act only by private combination, by private means, as a force outside the government, hostile to it, proscribed by it, of whom opposition and bitter resistance was expected, and expected with defiance.

A History of the American People: Reunion and Nationalization, Woodrow Wilson, pp 58-59

In this brief passage, we see Wilson’s views of black citizens in their full ugliness. We see his wholehearted adoption of the pro-Confederate views of his parents, particularly his father (who served as a Confederate chaplain and preached sermons in defense of slavery). Wilson fairly explicitly argues in subsequent pages that forming the Ku Klux Klan and engaging in violent anti-black terrorism was the only resort for the white insurrectionists of the American South. It is therefore no surprise that D.W. Griffith’s Birth of a Nation quoted Wilson’s book in its title cards. To the extent that Woodrow Wilson is judged the preeminent bigot of his day, perhaps it is because he promoted the Lost Cause in his scholarship, in his presidency of Princeton, from the White House, and in popular culture through screening and popularizing a gleefully racist film. As numerous Republican governors send National Guard contingents in defiance of a Supreme Court ruling acknowledging the primacy of the federal government in policy at the international borders of the United States, and a supposed contestant for the GOP presidential nomination advocates openly for the right of Texas to secede from the country, it is hard not to look at these words from over a century ago and not see ideological support for contemporary lawlessness.

Wilson’s early and ardently anti-black scholarship stands as a rebuke to Frum’s feeble excuse of Wilson’s 1919 stroke as the reason that black citizens were undefended by federal power during the so-called Red Summer of that same year. Per Frum’s own piece, he threw disillusioned black supporters out of his office in 1914 and never received them again. He made W.E.B. DuBois regret ever supporting him in a way paralleled decades later by Jackie Robinson’s disillusionment with Richard Nixon for the same courting of white grievance Wilson engaged in generations earlier. Frum attempts to treat the imperialist and xenophobic stances of Henry Cabot Lodge (who attempted to justify and excuse the lynching of 11 Italian immigrants in New Orleans in 1891) as somehow equivalent with Wilson’s anti-black bigotry. But if we’re comparing flaws, it needs to be said that nearly 3000 black citizens died at the hands of white lynch mobs during Wilson’s presidency alone. Wilson was no less an imperialist than Lodge, for while he granted greater autonomy to the Philippines (which Lodge wanted to annex), he also ordered the invasion and occupation of Haiti. Wilson’s anti-blackness was such that it did not even stop at the borders of the United States. Whatever his other shortcomings, Lodge at least saw fit to author and sponsor a House bill to protect Black voting rights in the South (a legislative effort which would not be repeated for another 70+ years). If there is anything Frum’s piece makes clear, it is that anti-blackness has never been the sole province of either the progressive or conservative movements in this country.

An actual historian would better articulate the negative consequences of Wilson’s lifelong failure to acknowledge the humanity of the black citizens of this nation. They would provide a better tribute to the Harlem Hellfighters, maligned by their white countrymen and commander-in-chief at home, disrespected by most of their military commanders abroad, more honored by the French under whom they actually fought, and feared by the Germans (who trolled them with leaflets dropped from planes for their service to a country in which they could only be second-class citizens at best). The open and unapologetic racism we see both in the political class and in the country at large is in too many ways a throwback to America of Wilson’s day. For Frum to choose this moment to advocate for Wilson to be “uncancelled” is to repudiate everything he has ever written and said about the dangers Trump posed–and still poses to the survival of multi-racial, multi-ethnic democracy in this country. It should be seen as a deliberate insult to every black citizen in the present day. I wish David Frum the worst in his efforts to rehabilitate Wilson and his racism. I hope this small piece of writing encourages further scrutiny of Wilson and his contemporaries and brings them greater scorn and contempt.

Idolatry of Innovators Can Lead You to Foolish Places

Here’s an insane thing I read on social media today:

Post by @inspiringselfcompassion
View on Threads

The fellow who blocked the account above, Michael Darius, includes Apple pioneer, skeuomorph, and protégé of Steve Jobs in his Twitter bio. His actual opinion regarding taking notes during meetings is literally this:

Suffice it to say, design meetings are not a criminal conspiracy. His subsequent comment about the copious note taking that occurred after those meetings exposes the absurdity of the practice he’s touting.

I can’t recommend the practice of taking notes during meetings highly enough. Whether you’re an pen-and-paper note taker (my preference), or someone who types notes on a laptop on-the-fly, you’ll be far more likely that you’ll know not just what you need to do, but how your work connects to the work of others if you capture the right information. Depending on your role (and I’ve found this to be more and more true as I’ve gone further in management), if you distribute your notes you can become the person that doesn’t just keep track of agendas, but the person who sets and drives them as well. Depending only on your memory in a professional context is effectively trying to work with both hands tied behind your back. And that’s before you even get into meeting length, subject, or any other attributes of meetings at work.

Taking notes isn’t merely about recall, but reuse. One of the original reasons I started blogging 20 years ago was to have a public place to capture things for future use for myself. Writing blog posts about how I solved particular programming challenges over time gave me a resource that I could and did search to accelerate solving similar problems in new contexts as I moved around during the course of my career. While the earliest blog posts weren’t about meetings per se, they did ultimately lead to my taking more notes in meetings.

Being a working professional is challenging enough without having to deal with cult-like hangups regarding note taking from the Dariuses of the work world. Do what you need to do in order to put your best foot forward at work. No employer who would impose such an arbitrary, stupid, and ultimately discriminatory requirement on how you process information at work is worthy of your time.

Farewell to the Last of My 40s

Today is my 50th birthday, and looking back on my 40s from this vantage point, they were *a lot*.

I became a dad (to twins). They’re now in 3rd grade. In their 8 years, we’ve taken them to Disneyworld and to Atlanta to visit family and friends. COVID resulted in the twins spending their kindergarten year on Zoom. Our son (who has special needs requiring speech and occupational therapy) handled the Zoom year surprisingly well. Our daughter had a very rough time with the Zoom year. She desperately needed to be around children her own age.

On the work front, I went from being gifted President’s Club seats to Nationals games and box seats to the infamous “You Like That!” game at FedEx Field by my employer, to laid off from that same company and out of work for four months (the longest I’ve ever been out of work in my entire career). Over 6 years later, I still work for the same company that hired me out of unemployment, have been promoted twice, and helped a handful of my direct reports get promoted as well (the most successful of them went to Amazon, and is now a senior manager at Microsoft).

My 40s included a good amount of domestic and foreign travel (though the pandemic stole a few years of it). We kicked off my 40s with a trip to Europe that included Barcelona, Nice, Monaco, Dolceacqua (for the bridge there Monet painted), and London. Another trip to Europe included Amsterdam and Paris. Domestic travel has taken my wife and I to Los Angeles, Las Vegas, Scottsdale, New York, and Minneapolis. While the pandemic isn’t really over, I started taking an annual solo trip for brief break from parenting and other family responsibilities. Philadelphia and Boston were the destinations the past couple of years. And while a change in my work portfolio toward the end of last year has added a bit of work travel to my schedule, a trip entirely for me will get onto my itinerary for 2024 somehow.

Insurrection? What Insurrection?

It is January 6, 2023 and in an even more depressing turn than I could have imagined, numerous so-called liberals joined the crowd of conservatives calling for Colorado’s Supreme Court ruling disqualifying Trump from the ballot on the basis of the 14th Amendment to be overturned. Governor Gavin Newsom is on record as disagreeing with any efforts to keep Trump off of California’s ballot. Lawrence Lessig has also added his name to the list of those for whom the plain text of the 14th Amendment is merely a suggestion. Jonathan Chait’s argument in favor of ignoring section 3 of the 14th Amendment is rightfully skewered by Adam Serwer in The Atlantic.

When even conservative law professors who are active with the Federalist Society conclude that Trump engaged in insurrection (as indicated in a law-review article Serwer links in his piece, and reported by the New York Times months before the Colorado Supreme Court ruling), it is difficult for me to conclude that anything other than cowardice motivates the opposition from certain professional liberal (and centrist) members of the chattering class. If Mitch McConnell can call January 6th an insurrection, then it was. Serwer describes January 6th this way:

The mob that attacked the Capitol on January 6 was the culmination of a series of efforts to overturn the election results, which included not merely legal appeals or extreme rhetoric—both of which are constitutionally permitted—but the use of the authority of the presidency to pressure state legislators to unlawfully overturn the elections in their state, to coerce the Department of Justice to provide a false pretext for overturning said results, and to intimidate then–Vice President Mike Pence into using authority he did not have to do the same, a request he nearly tried to fulfill. The failure of all of these schemes rested not on a lack of intent, but on not having consolidated federal power in a way Trump and his advisers are openly planning to do in a second term should he prevail in November.

Adam Serwer, Who’s Afraid of Calling Donald Trump an Insurrectionist?, The Atlantic, January 5, 2024

In this description, Serwer reminds us that Pence actually tried to fulfill Donald Trump’s wishes, contrary to the narrative of personal integrity and heroism he crafted for himself. It was former vice president Dan Quayle telling Pence he lacked the power to do what he was contemplating that ultimately tipped the balance.

This line from the last graf of Serwer’s piece is perhaps its most incisive:

If the Constitution’s provisions apply only when they are popular, then the Constitution is meaningless.

Adam Serwer, Who’s Afraid of Calling Donald Trump an Insurrectionist?, The Atlantic, January 5, 2024

This line is especially important because the Reconstruction Amendments which intended to give full citizenship to the formerly enslaved while ratified, were not broadly popular. President Lincoln was assassinated by John Wilkes Booth before even the first of the 3 amendments was ratified. States in the former Confederacy enacted Black Codes to circumvent the 13th Amendment. The 14th Amendment was necessary in order to kill the black codes because Andrew Johnson (who became president as a result of Lincoln’s assassination) used the office of president to oppose the full citizenship of formerly-enslaved black people. Reconstruction (which we too often fail to study) was ultimately abandoned by the federal government in the interests of a false and hollow unity. The Jim Crow laws that arose in the aftermath of Reconstruction’s abandonment did so in direct defiance of the Reconstruction Amendments. For black citizens living in southern states, the Constitution was meaningless. The Great Migration of this country’s black citizens out of the south to points north, midwest, and west was their response to the federal government’s abdication of its responsibility to provide them equal protection under the law.

Professional opinion-havers calling on the Supreme Court to overturn what Colorado and Maine have done have decided that the full citizenship of black people in this country should again be subject to the popular will. History tells us what happened the last time the country made this decision. But far more people than just black people will be harmed if the whims of whoever holds power decide what parts of the Constitution apply and what parts don’t.