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David Abbott's avatar

Activism may be a kind of learned helplessness. If all you can achieve is virtue signaling out people on Twitter, why not do it in the most dopaminergic way possible? You might even get laid!

The modalities of change MY discussed really only work for elites. The typical activist can’t write tv scripts, doesn’t have the grant writing ability to craft credible proposals, doesn’t know enough small donors to make bundling effective, and can only “persuade” elites by calling her legislator.

I occupy a kind of middle ground, because I’m a lawyer, I have access to the courts and judges, and I know a few legislators. Still, my efforts at elite persuasion have been basically a waste of time.

Back in 2009, Henry County used a system of racial quotas to constitute its jury list. The quotas were based on the 2000 census, and a lot of blacks had moved into the county in the interim. Accordingly, the county was 37% black (and steadily increasing) but the jury list was only 11% black. I thought I had a righteous issue, and one that aligned nicely with the interests of my clients. Criminal defendants generally want as many blacks on their jury as possible. I challenged the jury list in 10 different cases in front of 7 different judges, I managed to get American Community Survey statistics that showed the county’s racial composition had changed. This, and the fact that the census bureau attested to then with its official seal, eliminated the need to pay for experts. I appealed a couple cases challenging the jury list, and I lost. Greene v. State 722 S.E.2d 77 (Ga. App. 2011). The Georgia Supreme Court wouldn’t even grant certiorari to review that case.

This was frustrating on several levels:

1) I picked a small issue that only really affected criminal procedure in a few Georgia counties with rapid demographic change

2) I had professional expertise that should have made my work more effective

3) I pissed off judges and prosecutors by rocking the boat and probably hurt my career

4) I did the appellate work for free.

Yet I achieved nothing. At least activism feels good and doesn’t hurt your career.

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Daniel's avatar

The legislative subsidy aspect really resonates with me. I remember many years ago hearing Mike Kelly (R - PA who has since gone a bit wacky but used to just be a typical “just north of a democratic city” Republican business owner, car salesman in particular) give a speech at a business in Butler, PA where he said people dump on lobbyists but they don’t understand that that is where they get so much of their information. He was clearly sincere in this - he felt without lobbyists, they wouldn’t find out enough about issues, even if you understand perfectly well all of the incentives behind the lobbyist’s take.

This is why I’ve always like the idea of increasing staffing for Congress or committees, raising pay, etc., as a possible way to reduce the need for this outside reliance or “revolving door” staffing. Perhaps it’s naive to think more stability and reliability in staffing can be achieved by pay raises and will also increase the quality of said staff, but given lobbyists have a lot of sway (look at what corps spend on lobbyists versus pacs, donations, etc) it seems like an area to work on that might find a foothold.

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