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“America Is Now in Fascism’s Legal Phase”

Jason Stanley, author of How Fascism Works: The Politics of Us and Them, writes about the recent revitalization of the long tradition in the United States of fascist movements using race & racism as tools to move towards their goals. And now with attacks on the courts, education, voting rights, and women’s rights, America is now in fascism’s legal phase.

According to the International Center for Not for Profit Law, 45 states have considered 230 bills criminalizing protest, with the threat of violent leftist and Black rebellion being used to justify them. That this is happening at the same time that multiple electoral bills enabling a Republican state legislature majority to overturn their state’s election have been enacted suggests that the true aim of bills criminalizing protest is to have a response in place to expected protests against the stealing of a future election (as a reminder of fascism’s historical connection to big business, some of these laws criminalize protest near gas and oil lines).

The Nazis used Judeo-Bolshevism as their constructed enemy. The fascist movement in the Republican party has turned to critical race theory instead. Fascism feeds off a narrative of supposed national humiliation by internal enemies. Defending a fictional glorious and virtuous national past, and presenting its enemies as deviously maligning the nation to its children, is a classic fascist strategy to stoke fury and resentment. Using the bogeyman of critical race theory, 29 states have introduced bills to restrict teaching about racism and sexism in schools, and 13 states have enacted such bans.

Something I was disappointed about on last week’s anniversary of the terrorist attack on Congress was too much emphasis on Trump’s role in what happened on that day, as if focusing on him somehow makes it possible that the rest of the Republican Party can jettison this bad seed at some point without losing face and American politics can get back to the bipartisan business as usual. This is a total fiction, and as Stanley correctly notes, this shift towards fascism is a party-wide effort that preceded Trump and will outlive him.