What A Day - Lock Me Out Of The Ballgame

Episode Date: December 7, 2021

The US Department of Justice filed a federal lawsuit against Texas over the state's recently updated redistricting maps. The DOJ claims that Texas's maps are unconstitutional and a violation of the Voting Rights Act because they unfairly dilute minority voting power. MLB locked out all of its players last week after a five-year collective bargaining agreement between owners and players expired. It marks the first work stoppage for the league in almost three decades. Lindsey Adler, who covers the Yankees for The Athletic, joins us to discuss the issues at play.And in headlines: the U.S. will stage a diplomatic boycott of the 2022 Beijing Winter Olympics, New York City mayor Bill de Blasio announced a Covid vaccine mandate for all private-sector employers, and California Congressman Devin Nunes will resign later this month.For a transcript of this episode, please visit crooked.com/whataday

It's Tuesday, December 7th. I'm Gideon Resnick. And I'm Josie Duffy Rice. And this is What A Day, where for the rest of the month, we'll be pretending our microphones are snowballs. Yes, it is our little way of getting into the spirit. Shouldn't concern you as a listener, but we want it to be transparent. And we'll be pretending our headphones are earmuffs, too.

It's true. And that's as far as we're willing to stretch transparent. And we'll be pretending our headphones are earmuffs too. It's true. And that's as far as we're willing to stretch reality. On today's show, we're going to dive deeper into the issues behind the historic lockout in Major League Baseball. Plus, U.S. diplomats will not be in the stands for the upcoming Winter Olympics in Beijing. But first, on Monday, the U.S. Department of Justice filed a federal lawsuit against Texas over the state's recently updated redistricting maps. Here is Attorney General Merrick Garland yesterday announcing the suit. The complaint we filed today alleges that Texas has violated Section 2 by creating redistricting plans that deny or abridge the rights of Latino

and Black voters to vote on account of their race, color, or membership in a language minority group. And when he said there that the maps violate Section 2, he's talking about that section of the Voting Rights Act, which we'll get into in a second. But Gideon, this is the first lawsuit filed by the DOJ regarding 2020 redistricting, but I feel like it's probably not the last. Yeah, I feel exactly the same. So a quick reminder here,

we've talked a few times on the show about redistricting. It's one of the most important decisions made by state legislators. Every 10 years following the census, every state legislature redraws their state and congressional legislative districts. Over the past few months, that process has been going on in states across the country. And traditionally, as we've talked about, redistricting often results in, if we put it nicely, shenanigans. Legislators are self-interested, plus each party obviously hopes to maximize their political power. Yeah, not the good kind of shenanigans either. Ultimately, it all comes down to which party controls the state legislature. And currently, about two-thirds of state legislatures are entirely controlled by Republicans. So the

past few months have been heavy on Republican shenanigans. And where are Republican shenanigans more predictable than the great state of Texas? Truly nowhere. That is the rep. So Josie, before we get into the lawsuit then, tell us a little bit about what these new maps in Texas actually look like. Sure. So Gideon, it's a pretty predictable story. Both congressional houses are controlled by Republicans, as we said, plus the governor is a Republican. So unsurprisingly, the redistricted maps for the House of Representatives, both state congressional houses and the State Board of Education, all heavily favor Republicans. This isn't new. The old maps also favored Republicans. And it isn't so much that the maps have changed, it's that Texas has changed. And the maps basically so much that the maps have changed. It's that Texas has

changed. And the maps basically ignore that. Yeah, as is seemingly common in so many of the states that we've talked about. So what did the census say about how the state's population has changed? So census data shows two major things happening in Texas. First, Texas gained more residents than any other state. It grew a whopping 16% in the 10 years between 2010 and 2020. Wow. And 16% is a lot, right, in a state that was already extremely big like Texas. Totally. Second, people of color were responsible for 95% of that growth.

95%. In fact, for every one additional white resident that Texas gained in the past decade, it gained 11 additional Hispanic residents. So it's pretty clear that people of color are responsible for the growth in Texas for the past 10 years. But the maps don't show that growth. Instead, Republicans allegedly manipulated the districts to ensure that they kept power. So there are two new districts that are primarily white. Meanwhile, the number of districts where Hispanics are the majority went from eight to seven. The number of districts with a black majority went from one to, ready for it, zero. Wow.

And although the non-Hispanic white population shrunk significantly since 2010, there are more majority white districts now than there were before. Yeah, it's really crazy when you spell it out like that. So can you talk to us a little bit more about the lawsuit and what it intends to do? Yeah. So in their lawsuit, the Department of Justice claims that Texas's maps are unconstitutional and that they violate the Voting Rights Act because they unfairly dilute minority voting power.

And it seems pretty cut and dry to me, Gideon. I don't know about you, but when Texas has gained more people than any other state, 95% are people of color and somehow the maps benefit Republicans and white people. It just seems, I would say, suspicious. That's the word I would use. The lawsuit mentions the, quote, extraordinarily rapid and opaque legislative process that led to these maps and says that lawmakers, quote,

refuse to recognize the state's growing minority electorate. And by filing the lawsuit, the DOJ hopes that a federal court will block the state from using these new maps in the upcoming March primaries. So that's the current goal. I would just add that while it's ridiculous that they even have to file this lawsuit, it's a very good sign, right, that Biden's DOJ is willing to file suit in cases like these. I mean, it's an important move and it's basically the only oversight mechanism they have at this point. Yeah, you mentioned at this point, does the federal government have any other recourse when a state files blatantly unrepresentative maps like this one? You know, unfortunately, they don't really anymore. So for 50 years, the Voting Rights Act

required that some states, including Texas, were subject to what's called preclearance, meaning they had to have their redistricting maps undergo federal review in hopes of avoiding this exact type of scenario, right? But in 2013, the Supreme Court gutted part of the law, which eliminated oversight, and they've been chipping away at other parts of the Voting Rights Act in the years since. So this is the first time in half a century where oversight is basically non-existent during the redistricting process. And that's really why DOJ had to file this lawsuit to begin with. Here's Attorney General Merrick Garland talking yesterday. Were that preclearance tool still in place,

we would likely not be here today announcing this complaint. Yeah. So the bottom line there, right, is that it was a mistake for the Supreme Court to gut that part of the Voting Rights Act because obviously states still need oversight. Right. And so now the DOJ is doing what it can with the tools that it has. We'll have even more to say about redistricting on tomorrow's show when we have an interview with a candidate for Georgia's Secretary of State, Bea Wynn. But also make sure to watch Crooked's special live stream today,

What a Year, a fundraiser to support local elections and protect voting rights. Yeah, excited to hear that interview on the show. Another story that we've been following is the ongoing MLB lockout that we mentioned on the show a few days ago. It began early Thursday morning after a five-year collective bargaining agreement between owners and players expired, and they failed to reach a new agreement. And this marks the first work stoppage for the MLB in almost three decades. Yeah. So Gideon, can you remind us of some of the issues at play here? Yeah, there are a lot. So for that answer, I caught up with Lindsay Adler. She's a reporter who covers the Yankees for The Athletic.

When the collective bargaining agreement was agreed upon in 2016, it was pretty clear it was a loss for players. And clubs and ownership sort of where there's an inch, they took a mile, kind of wound up coinciding with the development of technology that has made it much easier for clubs to quantify player value. When you can properly quantify that as a player ages, you're not going to overpay. So all of this combined kind of led to the eradication of baseball's middle class. So that's a big concern for the union. Yeah, she kind of summed it up by saying that these issues are coming, quote, at the intersection of competition and player evaluations and paydays. That is really fascinating, especially the point about estimating player value. So what practical impact does this lockout have on players right now? Yeah, I mean, it means they can't use club facilities at all, you know, gyms, training centers, the like. Here's how Adler said

it's specifically affecting the Yankees. The Yankees are based in Tampa. So a lot of players just live in Tampa in the offseason. And then they just work out at the player development complex. So they have to find private facilities. It means that players who are rehabilitating injuries, they're sort of pursuing their physical therapy independently. And coaches and staff members can't communicate with players. Yeah, she was also telling me that this is what she called a quote unquote, minimal impact lockout for now, given that it's happening during the offseason. But those dynamics would quickly change if it stretches into spring training. Yeah, definitely. So what has actually happened

in the days since this began? Has there been any progress in negotiations? Not really, Josie. No, it has seemed like not much has happened at all except online presences changing. So when we mentioned this story last week, we said that MLB had scrubbed pictures of players themselves on MLB.com. And Adler said that the players took it a step further. A few players thought that it was funny to see that their likenesses had been taken down from the website entirely. And so sort of started like a social media campaign where they're blacking out their likenesses and they're like Twitter and Instagram avatars. You know, however they want to organize. I'm into it. Yeah. One last thing that was interesting. We've been talking a lot about labor activism throughout the past year on WOD. And this all kind of fits in and kind of doesn't.

Adler says that unlike the 1994 player strike, there's a bigger sentiment nowadays in favor of the players and this acknowledgement of how much revenue they generate for the league. There is a much broader sentiment that understands that the players generate the revenue and they are looking to be compensated fairly for it. I mean, I cover a player who makes $36 million in a year. I understand why that's hard for, you know, someone like me to see him as part of the labor class like myself. But when he's generating the type of revenue that he is for club ownership, yes, it is the same dynamic between myself and my boss. It's just at a much, much bigger scale. Yeah, so we will keep track of the story as it develops. But that is the latest for now. We're going to be back after some ads. Let's wrap up with some headlines.

Headlines. The U.S. announced that it will stage a diplomatic boycott of the 2022 Beijing Winter Olympics over concerns about China's human rights abuses. This means that no U.S. government officials will attend the games next year, but athletes can still compete. At a press briefing yesterday, White House Press Secretary Jen Psaki cited China's detainment and genocide of Uyghur Muslims in Xinjiang as one of many reasons for the measure. This is just an indication that it cannot be business as usual, that not sending a diplomatic delegation sends that message. The move also comes after Chinese

tennis player Peng Shuai's disappearance last month caused international concern for her well-being. Some U.S. lawmakers argue that the diplomatic boycott is not enough, saying that American athletes shouldn't be allowed to compete, that the games should be relocated. Chinese government officials said yesterday that they will take, quote, resolute countermeasures if the U.S. follows through on the boycott, but they gave no details on how they plan to retaliate. British lawmakers are hitting the slopes early this winter, and we're not talking about skiing. According to a report published by the Sunday Times, traces of cocaine were found in several places in the British Parliament that can only be accessed by government officials.

The Times report says that of the 12 bathrooms tested for drugs in Parliament, 11 had cocaine residue, including the one closest to Prime Minister Boris Johnson's office. I do want to know if that's in his office, because he probably has one in his office too, right? You would think if he doesn't, then what's going on? I feel like he should demand an upgrade. The report also found that cannabis was, quote, being used openly throughout the building. This discovery comes right before Johnson was set to announce

his new plan to crack down on drugs in the country. He no longer gets his own bathroom. I've changed my mind. House of Commons Speaker Lindsay Hoyle called on police yesterday to investigate these findings, but the Metropolitan Police Service has yet to comment. And British lawmaker Charles Walker said that the House of Commons will discuss the issue next week. All I'm hearing is that one bathroom is being excluded and somebody is being left out of the arrangement. Yeah. Why is that the bathroom nobody wants to go to? I think we have the answer.

That's the first question they should ask next week when they're wearing their wigs and they're doing their investigation. Yeah. What's wrong with bathroom number 12? You know? What is wrong with it? New York City Mayor Bill de Blasio announced a COVID vaccine mandate for all private sector employers in the city by December 27th.

He called this a, quote, first in the nation mandate. And he also announced another rule that kids 5 to 11 will have to show proof of vaccination if they want to enter indoor venues like restaurants, movie theaters and more. So kids get that QR code ready if you want to take that in-person Peloton class with Cody Rigsby. If you're five and you're listening, you know who Cody is. Don't lie to me. The requirements begin only four days before de Blasio leaves office. But in a press conference yesterday, he said he spoke to Mayor-elect Eric Adams and is confident that Adams will keep them in place once he takes office.

However, New York City's new mandates come amid dozens of lawsuits across the country filed by Republican states, businesses, and others seeking to overturn these types of requirements. I'm just picturing like outside of New York restaurants where dogs are tied to trees. I'm just picturing kids who are not allowed inside also being tied to the tree. Right. If you can't show the code, please kindly leave your kid outside and do not allow them to pee on any of the grass. Exactly.

The man who once took legal action against a cow-based parody Twitter account, California Congressman Devin Nunes, announced he'll resign from Congress later this month. Yes, you heard that correctly. That is great. He's been in the House since 2002 and is the top Republican on the House Intelligence Committee. But he really hit the spotlight during Trump's presidency when he recused himself from the investigation into the Russian attack on the 2016 presidential election. And later, the House Ethics Committee investigated him for how he handled the Russia probe. So he's really just been a star, a true star. Oh, yeah.

Democrats who hope to unseat Nunes in 2022 raised millions of dollars, but I guess we'll never know if he could have prevailed. Onboarding at his new job might be tricky, though. We also found out yesterday that the SEC is looking into the deal between Trump's media company and the shell company it is merging with. Gideon, I just want to say, imagine being the top of the Intelligence Committee and Trump comes to you and is like, do you want to run my new, like, there's nothing here yet, but do you want to run my media company? And being like, yeah.

And being investigated immediately. I feel like if you are at the top of the house intelligence committee you should want to be there that should be your goal it should be like an after-school job where you're like okay i'll just move on you know right right he's exploring his extracurriculars um one of them he may pursue in college we'll find out exactly you know he he needs he needs to have options on his resume i I understand. It's true. It's true. I will never hire him.

No, I can't say I will either. And those are the headlines. One more thing before we go. Are you still looking for last minute holiday gifts? I am. Check out all of our holiday merch, including our My Ho Ho Home is Melting ornament, What a Day Tease, and more at the Cricut store. Make sure to place your orders by December 11th to ensure holiday delivery. So go to Cricut.com slash store.

That is all for today. If you like this show, make sure you subscribe, leave a review, defend a cow-based parody Twitter account in court, and tell your friends to listen. And if you're into reading and not just the readout on cocaine residue detectors like me, what a day is also a nightly newsletter. Check it out and subscribe at Cricut.com slash subscribe. I'm Josie Duffy Rice. I'm Gideon Resnick. And go play in the snow. It is your right. Gideon and I are in decidedly warm places instructing the rest of you to go play in the snow. Yeah, it's because we're sad. Yeah, do it because we can.

What a Day is a production of Crooked Media. It's recorded and mixed by Bill Lance. Jazzy Marine and Raven Yamamoto are our associate producers. Our head writer is John Milstein, and our executive producers are Leo Duran and me, Gideon Resnick. Our theme music is by Colin Gilliard and Kashaka.