The Red Model

David Bernell

 

It has been said many times, whether or not it’s been true, “As goes California, so goes the nation.” Whether the subject has been environmentalism, anti-tax sentiment, the proliferation of ballot initiatives, or the rise of the 1960’s counterculture and the backlash to it, California has developed a reputation for being first in many areas of politics and policy.

 

Today, I expect that many Americans can only hope that Texas does not replace California as the purveyor of things to come. Over the past week, the state of Texas has approved or implemented what is likely to be seen by its supporters as the red state ideal: 1) curtailment of voting rights for those most likely to vote for Democrats, particularly people of color; 2) effectively eliminating abortion rights; and 3) permitting the further proliferation of guns. On top of this, it has been trying to keep school districts from requiring their students to wear masks in school.

 

Even though Republicans maintain a majority among voters in Texas, while they control the governor’s office and the state legislature, they are legislating with an eye to maintain their power even if they become a numerical minority in the future. After the 2020 election, which Trump and Republicans won handily in Texas, and which had no indication of electoral fraud or failure, the Texas GOP passed a law that restricts ballot access. The law was passed in the name of election security, and it will provide significant election security, but only for Republicans, as it diminishes access to the ballot largely for minorities and urban dwellers – in other words, the constituencies that vote heavily Democratic.

 

The anti-abortion law Texas passed was designed specifically to get past the many barriers that had blocked extremely restrictive abortion laws in the past. It does not allow state officials to enforce the ban on abortion past six weeks, as this would be likely to get invalidated by the courts. Instead it outsources law enforcement, encouraging lawsuits by private citizens against anyone who “aids and abets” an abortion after six weeks. Moreover, it provides a financial incentive for its citizens to do so. The anti-abortion activists are cheering right now, but it seems naïve to imagine much good coming from a law that encourages and pays citizens to snoop on each other and sue each other to enforce state laws. What’s next to up the ante? Blue states passing laws that make it easy for citizens to sue and seize the assets of anyone whose guns are used in a crime?

 

Which brings us to the third item. Texas now allows for people to carry guns in public, either openly or concealed, without a license or permit, background check or training. Prior to the passage of this law, people could carry handguns only if they had a permit. They were also required to get training and pass a written exam as well as a proficiency test. Texas House Bill 1927 eliminated these requirements. Those convicted of a felony, assault, or domestic violence will still be prohibited from carrying handguns, but it seems that the law will make it harder to stop them too without a permitting process to potentially deny such access.

 

In conjunction with the prohibition on mask mandates, these laws in Texas now provide a template for the state-of-the-art in building what could be described as “The Red Model.” Those in power in Texas and other red states are likely to use such actions to further cement their hold on the political system. This is the direction we can expect to see state government go in more and more states controlled by Republican governors and legislatures.

 

It’s going to take a sustained, organized effort for the Democrats and Republicans who prefer a more open, fair, just American democracy to stop today’s GOP. Don’t think it cannot happen here. It already has. We called it antebellum America where slavery was legal. We called it Jim Crow. We have long been defined by openly discriminatory policy that was completely legal and supported by both parties. It’s just that now it may be taking a new form, with only one party using the rules and procedures at its disposal to diminish the rights and political power of the rest of the country.