For AR People has made no secret of our support for the Arkansas Abortion Amendment. After all, we were the founding member of the ballot question committee last year.
But what’s happening to the amendment now surpasses the singular issue of reproductive healthcare, essential as that is. John Thurston’s weaponization of bureaucracy in his attempt to disqualify the amendment from even getting a preliminary count is anti-democratic, un-American, and fails to live up to the ideals of a state that claims “The People Rule” as its motto.
Do they, Secretary Thurston? Do they, Attorney General Griffin? Do they, Governor Sanders?
In a previous post, I went through the “facts of the case”: what happened, when it happened, and why Thurston’s arguments are poorly reasoned and likely contrary to the law. If you’re just now tuning in, I recommend you read that post first.
Today’s commentary is much more important. Today is about why the Secretary’s actions – and indeed, the behind the scenes politicking that’s undoubtedly going on – should terrify all Arkansans.
The pattern of authoritarianism, the shredding of separation of powers, and the contempt toward Arkansan voters – yes, even those who “declined to sign” – continues.
This is about power, folks: who has it, how they wield it, and what they’ll do to step on those who don’t have it.
Patterns of Bureaucratic Suppression
The Sanders administration has shown time and time again it’s willing to weaponize the levers of government against Arkansans. From the steamrolling of anti-LEARNS legislators to the flip-flopping on voter registration rules, Arkansans are finding time and time again their government placing obstacles in their path.
I thought government was supposed to be by the people, for the people. Our state’s constitution protects the right to direct democracy, but my government – your government – is hell-bent on making it as difficult as possible to get anything on the ballot not rubber-stamped by Sanders or with $2 million behind it.
I think it’s great that David Dinwiddie likes old cars so much he’s trying to get the law changed to support his hobby. If I had seen one of his petitions, I would’ve signed it in a heartbeat. I wish the state government would look at petitions like his and ask, “How can we help make this a reality?” instead of “make sure you read this 70-page handbook and have millions of dollars, good luck, and also if the Governor doesn’t like your policy, tough break!”
FARP has written several pieces now discussing what the state government should do for its citizens, and this is where I keep landing: it should help citizens that are acting in good faith, not exercise the power of paperwork and bureaucracy against its citizens.
Here’s the bottom line: there was a time when folks felt like their involvement in their own self-governance was taken seriously and respected by those in power. Those times, it seems, are long over, and now we have a Governor that likes to rub salt in the wound by calling us “immoral and incompetent.”
Backdoor Politicking
Let us all be honest for a moment: John Thurston is interested in John Thurston and $30,000 boats bought with taxpayer money. The man likes to keep his head down and tread on democracy quietly,not find himself embroiled in national news cycles.
I strongly suspect that he would have much preferred to certify the amendment quickly, either on the strength of the signatures already turned in or by allowing a cure period, and move on with his business. It’s not like the Family Council and AR Right to Life wouldn’t have sued over the amendment’s language immediately.
Instead, he kicked a hornet’s nest. It seems clear from his various letters and filings that he’s in over his head. He’s scrambling for different, increasingly desperate arguments, shifting the goalposts, refusing to comply with FOIA requests, and so on. Both of his letters to AFLG and the Attorney General’s filing last Friday have expressed different arguments describing why the signatures should be thrown out.
Doesn’t really give the impression they have good arguments against the petition, does it?
If you’ll indulge in some speculation with me for a moment, it seems clear to me (and most people watching, I’d reckon) that he’s receiving marching orders from either AG Griffin or the Governor, maybe both. Griffin certainly didn’t want to certify the language earlier this year, and said as much, but there’s only so much he could do to slow down AFLG’s momentum. This is the next best thing.
It also seems obvious that the media received Thurston’s letter either at the same time or even before AFLG. Reporters friendly to the administration were quick to cry “game over” without taking the time to read the statutes in question, consult with legal experts, or wait for AFLG’s statement. As far as we can tell, there was no press release, media blast, or any other communication with various media outlets from state officials.
This is basic propagandizing: put out your version of events first and let friendly media fill up the information zone with that version while the other side has to scramble to make sense of what’s going on. For a few hours, it worked – volunteers and media outlets only had the news that the Secretary was trying to disqualify the amendment, full stop.
Here’s the bottom line: if you’re not in the backrooms, in good with the administration, you’re cut out. No process, no good faith, no communications. If you’re not in the backrooms, the best you can do – assuming your polling place hasn’t been closed down and you can even register in the first place – is vote once or twice every couple of years.
What’s next?
The Attorney General filed a motion to dismiss the case on Friday. The Supreme Court can take any number of paths forward at this point; AFLG is confident in the strength of its legal position, but with the Court made up of more backroom friends of Sanders, there’s no telling what the Court will do. At any rate, even with a favorable Court ruling, time is ticking down to November, and these campaigns are hard and expensive.
But here’s the good news, Arkansas.
There are things that Griffin, Sanders, and Thurston cannot, no matter how hard they try, take away from us.
They cannot take away the incredible volunteer organization that was built by women carry clipboards, talking to friends and family, and hitting the pavement to collect signatures. This organization is ready to fight for the work they did.
They cannot take away the experience the volunteers had. It was incredible to witness the connections forged between folks. Hundreds of people realized they weren’t alone in this state. Even if this doesn’t get on the ballot, there is power being created in real time. That’s no small thing.
They cannot take away the fact that 101,525 people signed this amendment. White collar, blue collar; old, young; liberal, conservative; all came and all signed.
So we can use that voice created from the shouts of 101,525 people. We can demand that the Secretary do the right thing; that the Court can do the right thing; that Sanders and her allies cannot silence us without a fight.
And we will.
