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State Representative Phelps Anderson. Votes “No” on Abortion Ban. Quits GOP. NMPJ Interviewed him this Morning. Anderson Appears Sincere, but his Rationale Will no doubt be Seen by many as Troubling.

02/11/2021

Background

On January 27, the House Health and Human Services Committee held a hearing on House Bill 7. The bill is titled “Repeal of Abortion Ban.” It refers to a relatively weak “prohibition” law passed by the New Mexico Legislature in 1969 and signed by moderate Republican Governor Dave Cargo. (* See the explanation of why it is a relatively weak law in the footnotes below.)

The law, of course, is invalid, having been superseded and rendered obsolete by the US Supreme Court ruling in Roe v. Wade four years later.

However, it is important to keep in mind that there are quite a number of existing statutes or even Constitutional provisions, not just in New Mexico, but in all states, that have been made ineffective or of no consequence because of case law that has invalidated those very laws. Sometimes states go through the process of amending or removing the state statutes; sometimes they don’t. There is no imperative to do so.

As an example, for 45 years following passage of the 26th Amendment that lowered the voting age to 18, the New Mexico State Constitution continued to “require” voters to be 21. It also required voters to have resided in the state, county, and precinct for 12 months, 90 days, and 30 days respectively, despite having those requirements struck down by the Supreme Court. (All the all the above were repealed by voters in 2016.)

The point is that state legislative action on “unconstitutional” laws or laws made ineffectual by case law is not mandatory. That cannot be used as a rationale for casting a vote.  

The Committee Vote and Reaction

The committee vote was 8 to 3 in support of repealing the so-called "abortion ban"— New Mexico's law that was passed four years before Roe v. Wade. GOP Representative Phelps Anderson of Roswell joined seven Democrats voting to repeal the ban. Three other Republicans voted “no," to keep the prohibition on the books.

Representative Anderson told us he was very impressed with the testimony at the hearing and that it really had an impact, making him think and reflect on the issue.

The response has been something of a firestorm from Republicans, many of whom have called for Anderson to resign. Anderson represents Chaves, Lea, and Roosevelt Counties, and the GOP chairs for Lea and Roosevelt have asked him to resign.

We asked if he was going to do that. He responded,

“Unless I’m wrong, it’s my call. I am not going to resign. I am not a quitter.”

When we asked if he would run again, Anderson replied:

“I don’t know about that. Filing date is a year away. But if I had to answer right now, I’d say no.’”

Representative Anderson added that the bill was “going to pass anyway.” But of course, that is never a good reason to vote for anything. Tie votes, or one-vote margins are relatively rare in legislative roll calls.

What this means is that 97% of the time, or more, any bill is going to be passed or defeated “anyway” regardless of how one votes.

What constituents expect, and what everyone should do, is vote for what one believes is correct, right, or just. It doesn’t matter if the vote is 8 to 3, 7 to 4, or 10 to 1.  Or for that matter 69 to 1 on the floor of the House.

So, any mention of an ultimate outcome is really irrelevant. One must do the right thing at all times. We can only presume that Representative Anderson did what he thought was right for him.

Abandoning the Republican Party

The reaction was so strong that Anderson surprised everyone in his hometown of Roswell by publicly announcing that he was leaving the Republican Party.

“I decided to re-register as a Decline to State. People ask if I can win a primary, well, that’s not a question that has to be asked because I’m no longer in the Republican Party.”

His decision to re-register was surprising because Anderson has a lifelong pedigree as a prominent member of the Republican Party. His father, the late Robert O. Anderson, had been a pioneer member of the Chaves County GOP, and Phelps followed in his footsteps, serving in the State House of Representatives from 1976 to 1980, then serving the Republican National Committee as New Mexico’s National Committeeman from 1988 to 1996.

We asked why leave the Republican Party. His answers took us by surprise:

"I've been I’ve been very disappointed with the Republican Party. In particular, the events of January 6th were just so disappointing that they led me to consider re-registering as DTS. I’m demoralized by my party. Their defense of January 6th was just so disappointing.”

We found this to be more or less stunning, and pushed back by pointing out that we could find no Republicans who in any way justified the January 6th riots. In fact, we pointed out, every single Republican we have seen or read about has denounced the violence. (In fact, it is the Democrats who have not denounced the widespread violence that has taken place for nearly a year.)

But Anderson pushed back on our pushback:

“I disagree with that. There’s lots of political spin about what happened on January 6th. There’s lots of video imagery. I disagree with what happened on that day and will always disagree with it. Trump encouraged that mob. People were killed inside the building. It just tears me up that that’s my party.”

So, what to think about all of this? Has Anderson, like lots of Americans, Reacted Emotionally to Recent Events

Anderson admitted that he’s always found the abortion question to be a troubling and difficult one, telling us that he’s “always voted pro-life on bills that have come up,” but admitting that he has struggled with the issue in general.

Not openly stated, but certainly broadly hinted, it is likely that Representative Anderson has always been pro-choice at heart. We discussed that matter. He is clearly uncomfortable with the GOP’s pro-life platform, but he has lived with it. Till now.

What pushed him over the edge? It clearly has a lot to do with the riots of January 6th. But in that regard, Rep. Anderson sounds more like the media talking heads than a dispassionate observer. Anderson says, “People were killed inside the building.”

Let’s look at the facts about that. Who was killed?

Five People died on January 6th

None of what happened in the invasion of the Capitol by the mob is in anyway excusable. All those who violated the law should be prosecuted and sentenced to jail. The rioters were, and remain, idiots. There is no way any of that is attributable to the Republican Party.

To do so is an emotion-based, media-inspired reaction.

But was anyone actually killed?

Yes. One person: A Trump supporter, 35-year-old Ashli Babbitt, a military veteran from San Diego. She was unarmed. But she was shot as she tried to crawl through a broken window.

That’s all we know. Authorities have refused to release the name of the man who shot her explain why she was shot. We may never know the answer to why her life was taken from her.

Four Other People Died, but none was “killed.”

Rosanne Boyland, a 34-year-old woman from Georgia. Authorities say she died of a “medical emergency.” Some have said she “may have been trampled accidentally.”

Kevin Greeson, a 55-year-old who had a history of high blood pressure. His wife said “In the midst of the excitement, he suffered a heart attack."

Benjamin Phillips, 50 years old. He died of a stroke. But he apparently died outside on the grounds of the Capitol and never entered the building.

Brian Sicknick, a 42-year-old Capitol police officer. His union chief announced that he “died of a stroke.” Media reports have falsely stated, many times, that he was “beaten to death with a fire extinguisher.” But this is simply not true. He was not beaten with a fire extinguisher or anything else. No one knows where this story came from.

The lie about the beating led to the Democrats having Officer Sicknick lie in state at the Capitol, where Democrats (who are relentless critics of the police, calling them “racist” for the past year) made a histrionic scene of solemnly streaming past his body—used essentially as a prop—to build an emotional case for their impeachment case. They finally found a police officer they could use for political purposes.

But he wasn’t killed by anyone. He died of a stroke. And there was no evidence of any kind of trauma. For whatever reason, he was immediately cremated, and his autopsy has been sealed.

The Bottom Line

Representative Phelps Anderson is a sophisticated, educated, thoughtful person who has wanted to serve in political office and has done so in a conscientious way. He is a gentleman and gregarious, friendly man.

The reality is that, as all human beings’ life experiences change them over time—none of us is static, unchanging, or unaffected by our experiences—Rep. Anderson has probably been, perhaps unconsciously, both culturally and socially disaffected with and alienated from the Republican Party for a number of years.

The committee meeting simply brought clarity to his current thinking. It became a moment of decision and he made that decision.

Life goes on.



*As US abortion prohibition laws go, the New Mexico law is relatively “moderate,” in that it provides for all manner of exceptions—not only in the cases of rape, incest, or life of the woman, but it also contains provisions that permit abortion when the woman or her parent or guardian asserts that the pregnancy is likely to result in “grave impairment of the physical or mental health of the woman” or the child will probably “have a grave physical or mental defect.”

Nonetheless, pro-abortion advocates have long been irritated by the law, and with the election the hard-Left Governor Grisham in 2018, they have been champing at the bit to repeal the law

In other words, the reality is, even if there had never been a ruling in Roe v. Wade, abortion would not really be prohibited in New Mexico. The provisions of the law were such that abortion could not actually be prevented, provided the woman wanted an abortion and is able to obtain written certification from a special hospital board to back up her request.

The New Mexico Statute in Question

30-5-3. Criminal abortion.

Criminal abortion consists of administering to any pregnant woman any medicine, drug or other substance, or using any method or means whereby an untimely termination of her pregnancy is produced, or attempted to be produced, with the intent to destroy the fetus, and the termination is not a justified medical termination.   

Whoever commits criminal abortion is guilty of a fourth degree felony. Whoever commits criminal abortion which results in the death of the woman is guilty of a second degree felony.   

“Justified medical termination" means the intentional ending of the pregnancy of a woman at the request of said woman or if said woman is under the age of eighteen years, then at the request of said woman and her then living parent or guardian, by a physician licensed by the state of New Mexico using acceptable medical procedures in an accredited hospital upon written certification by the members of a special hospital board that:   

(1)     the continuation of the pregnancy, in their opinion, is likely to result in the death of the woman or the grave impairment of the physical or mental health of the woman; or   

(2)     the child probably will have a grave physical or mental defect; or   

(3)     the pregnancy resulted from rape, as defined in Sections 40A-9-2 through 40A-9-4 NMSA 1953. Under this paragraph, to justify a medical termination of the pregnancy, the woman must present to the special hospital board an affidavit that she has been raped and that the rape has been or will be reported to an appropriate law enforcement official; or   

(4)     the pregnancy resulted from incest;   


Email us (at editor@newmexicopoliticaljournal.com) with your feedback, comments, questions, and ideas.


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Jeb Bush gets religion.

"They said he got religion at the end, and I'm glad that he did."  — Tom T. Hall. The Year Clayton Delaney died.

Well, it's official.  Jeb Bush has changed quite of few of his positions on illegal immigration.  The single most significant is that he no longer endorses the "path to citizenship" for those who came here illegally. 

This is, after all, the key portion of any proposal aimed at "reforming" our existing illegal immigration situation.

No sensible citizen can see any point in trying to deport between 12 and 16 million people currently living in America illegally.  And no candidate for any office that we know of supports that.  What the average American wants is for the country to "get a handle on it."  They want it stopped, our borders secured and future illegal immigration prevented.  It is a national security issue.

The Path to Legal Status

The only way to accomplish the above goals, is to identify current illegal immigrants, get them accounted for, have them documented, and placed on a path to legal status.  Neither they nor their children or spouses should live in a state of fear or anxiety.

But a path to "citizenship" is not the right course.  It is not morally or legally correct.  A merciful and compassionate nation can provide the safeguards of legal status without sending the message to the rest of the world that all you have to do is cross our border and you will eventually get to become a citizen, thus circumventing the legal framework scores of millions of Americans have followed, honored and respected.

If someone who is granted legal status eventually wants to become a citizen, that person should have to return to his or her country of origin and wait in line like 20 million people around the world are doing at any given time.  Failing that, America will forever send the signal that anyone in the world can "jump the line," and that there is no reason at all to obey our immigration and naturalization laws.

We Like Jeb Bush

We are glad Jeb Bush has learned this lesson.  He is a fine speaker, and can eloquently explain his positions on complex issue.  If he were not named "Bush" he would be an actual top tier candidate—in all that that title would entail, including likelihood of acceptance and support of and from the American people in the primaries, and in any theoretical general election.  

We also recognize that he already is a de facto top-tier candidate because of his fame and his fundraising.

If he were to be the nominee of the Republican Party we would heartily support him and endorse him.  We hope, however, that he is not, as he does not give the center-right coalition the best chance of winning.

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    Selma   ????? We have now seen the Oscar-nominated movie Selma.   Our earlier allusion to criticism that sounded as though it was in an Oliver Stone category for historical fabrication is some...

Sports

Sports

The Major League Baseball Playoffs are not realistic, and destroy the actual meaning of the sport. 

Major League Baseball is unique in this respect—its postseason is markedly different from the way the game is played normally.  No other major league sport suffers from this flaw.

Not that much is wrong with baseball. In some respects it's the most well thought-out sport there is.  The "perfect game" many aficionados say.

But the Major League Baseball postseason experience is unique in the world of professional sports, and not in a good way. 

In fact the playoffs are flawed in such a way as to detract from the sport itself and diminish the game and what it means to be the world champion of the sport. 

Among the Big Four team sports of North America: football, hockey, basketball and baseball—and all the 122 professional major league teams competing in the NFL, NHL, NBA and MLB respectively—it is in baseball alone that the postseason turns the sport itself on its head and makes it reflect something that it is not.  This article will explain why that happens and why it is wrong-headed.

 

Background on the The Frequency of Play

The 30 teams in both the National Hockey League and the National Basketball Association teams play a very similar schedule.  On average, each team has a day off between games, sometimes two days off.  Though there are back-to-back games, they are relatively infrequent.  NBA teams play between 14 and 22 back-to-back games a season, and for the NHL it usually ranges between 9 and 19. The NFL has a full week between games, the exception being the new Thursday games that each team plays once, leaving them only four days' rest once a year.

But baseball players play every single day.  Ten days straight, then a day off, then seven more games, then a day off, then ten more games.  Typically a baseball team plays 27 games every 30 days.  For the NHL and NBA it would be 14 per month, and for the NFL the number would be 4.

 

Getting to the Playoffs:  It's a grind

In all four sports, getting to the postseason requires a total team effort—in fact an all-out total organizational effort.  Teams must be deep, have bench strength and the capability of moving players in and out of the lineup, and on and off the roster, who can take the place of key players who go down for an injury, or who have to miss games for whatever reason.  While this is true of the other three major sports as well, it is most certainly even more of a concern for baseball teams because of the sheer volume of games in which a team must field a competitive lineup.

Each league's regular season* is a marathon, not a sprint.  NFL teams play for 17 weeks, 16 games.  The NHL has an 82-game season over six months, paralleled by an NBA season of 84 games over the same timeframe. Baseball is the biggest marathon of all—a true test of resilience and endurance—162 games usually starting around the beginning of April and finishing about the end of September.

NHL teams carry 23-man rosters, of which 20 can be active for any particular game.  The NBA is similar, with 15-man rosters of which 13 can be on the bench for a given game. In the NFL, the teams have 53 players on a roster, but only 46 can suit up on game day.  In Major League Baseball, teams have a 25-man active roster, and all 25 are at the park every day.

 

The Postseason Playoffs:  Sport by Sport

The National Football League:

Of the 32 teams, 12 qualify for the playoffs.  The playoffs are conducted in the exact same manner as the regular season.  Each team plays once a week, the exception being that the four top teams get the first week off.  For a typical qualifier to reach the Super Bowl, the team must play three consecutive weeks.  At that point both remaining teams have two weeks off before the Super Bowl.

In short, the playoffs, with a game each week, reflects the same means of advancement as is present in regular season grind.

The National Hockey League: 

16 of the 30 teams qualify for the postseason.  The playoffs are conducted in the exact same manner as the regular season: a game, a day off, a game, a day off, a game, a day off, and so on.  Just as in the regular season, there are occasionally two days off.  But the playoffs require the same stamina, the same approach as that required to make the playoffs.

 

The National Basketball Association

16 of the 30 teams qualify for the postseason.  The playoffs are conducted in the exact same manner as the regular season: a game, a day off, a game, a day off, a game, a day off, and so on.  Just as in the regular season, there are occasionally two days off.  But the playoffs require the same stamina, the same approach as that required to make the playoffs.

Major League Baseball

10 of the 30 teams qualify for the postseason.  (Although four of those teams qualify only for a one-game do-or-die play-in game.)

Here is where all similarity to baseball ends. 

Unlike the other three sports whose playoffs mirror the test of the regular season, and whose conditions are the same as the regular season, Major League Baseball playoffs in no way resemble the sport itself.  In hockey, basketball and football, the teams win playoff games and reach the pinacle of the sport in exactly the same way that they qualify to try to do so. 

Not so in baseball.  They are two entirely different concepts.  Teams make the playoffs only because they have depth, five-man pitching rotations and can play day-in and day-out at a high level.  But the baseball playoffs suddenly become a kind of "all-star" game within each team's roster.  MLB playoffs are conducted in a way that more closely follows the NBA and the NHL.  Teams have enormous numbers of days off. 

Here's the key point:  No Major League Baseball team could even qualify for the postseason if they played the same way during the regular season that they do in the playoffs.  None.

In the regular season Major League Baseball teams have to use a 5-man starting rotation, with pitchers pitching every 5th day.  There are not enough days off to have even a four-man rotation, let alone a team with three pitchers.  Even the best team in baseball using only a 4-man rotation, would wear them out, and most likely end up with a record of something like 66-96, or 70-92—and that would be if they were otherwise teh best team in the sport.

 

The 2014 Baseball Postseason is Typical

As examples, last year's World Series teams the Kansas City Royals played only 15 games in 30 days, and the San Francisco Giants played only 17 games in 30 days.  The 12 to 15 days off in the non-baseball fantasy world of the MLB postseason, means that teams can turn to three pitchers and give all of them plenty of rest.  But it isn't the way baseball really works.

At one point, the Royals had 5 consecutive days off, and the Giants had 4.  This never happens in the regular season.  Even the All-Star break is only three days.  Very rarely is there anything beyond a one-day break, and even that happens only a couple of times a month. 

What this means is that neither team used the team that got them to the playoffs.  (The NFL, NBA and NHL teams ALL used the very same teams that got them to the playoffs.) 

Baseball teams use a three-man pitching rotation in the playoffs.  Sometimes, they essentially opt for two pitchers only—conceding the likelihood that some of their games are going to be lost—when their third-, or rarely fourth-best pitcher has to face one of their opponents' two-man or three-man rotation members. 

Imagine an NFL team using only one running back and three wide receivers, instead of rotating through their roster in the course of a playoff game—or using only 4 defensive backs and 4 linebackers, instead of rotating 8 or 9 DBs and 6 or 7 linebackers?  In hockey, would a team use only two or three of their forward lines?  Would an NBA team use only the starting five?  They would never make the post season if they tried to present that product to their fans during the regular season.

Those are the equivalents of what Major League Baseball sets up every fall.  No other sport drags its playoffs out in such a way as to completely change the playing field—completely change the dynamics of its game.

Why Does Baseball Do This?

MLB does this because the TV networks want to drag out the games so that they can try to have one game each day  This requires an unnecessary staggering of games, and creates the phenomenon of 15 off-days in a month.

What about travel days?

What about them?  Baseball has travel days constantly.  A team may play in Chicago one day and in Miami the next, or in New York one day and Phoenix the very next day.  Travel days as a routine part of the game are again, a phenomenon of television, and stretching out the playoffs.

In years past, travel days were employed only when necessary. The famous "subway series" games were played on seven consecutive days.  Why?  Because there was no "travel day" required to go from Brooklyn to the Bronx.  Today, they would put in artificial travel days.

Even fairly long train trips didn't necessarily matter.  The 1948 World Series between the Cleveland Indians and the Boston Braves was played in six consecutive days, October 6 & 7 in Boston, October 8, 9 & 10 in Cleveland, and October 11 back in Boston.

This reflects actual baseball, the way the teams play day-in and day-out, and the kind of unique test that baseball presents to its athletes, its managers and management, and to its fans.

In the modern world of charter planes, teams fly from coast to coast to play games on consecutive days.  The artificial "travel day" should be eliminated so that teams can play in the playoffs in the same way that got them there in the first place.


*All these leagues also have pre-seasons and training camps, which add an additional 6-8 weeks to each player's year.


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