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Obama Administration Files Petition To Block Uighurs From Entering U.S., Praises Gitmo Conditions

Obama at the National ArchivesThe Obama administration filed a petition with the Supreme Court on Friday asking the Court to block the 17 Chinese Uighurs detained at Guantanamo from entering the United States — this, despite a court ruling last year ordering their release. The petition argues that the Uighurs “have already obtained relief” and that the government had no legal obligation to settle them in the U.S.:

Petitioners have already obtained relief. They are no longer being detained as enemy combatants, they are free to leave Guantanamo Bay to go to any country that is willing to accept them, and in the meantime, they are housed in facilities separate from those for enemy combatants under the least restrictive conditions practicable. Moreover, the government is actively seeking to resettle petitioners, and the President has ordered the closure of the Guantanamo Bay detention facility by January 22, 2010. [...]

Petitioners’ continued presence at Guantanamo Bay is not unlawful detention, but rather the consequence of their lawful exclusion from the United States, under the constitutional exercise of authority by the political Branches, coupled with the unavailability of another country willing to accept them. Because the bar to petitioners’ entry into the United States is constitutionally valid, their resulting harborage at Guantanamo Bay is constitutional as well.

Somewhat shockingly, as ABC’s Jake Tapper notes, the Obama administration’s petition suggests that the Uighurs’ imprisonment “isn’t so bad,” and trumpets their comfy quarters at Guantanamo:

“In contrast to individuals currently detained as enemies under the laws of war, petitioners are being housed under relatively unrestrictive conditions, given the status of Guantanamo Bay as a United States military base,” Kagan writes, saying they are “in special communal housing with access to all areas of their camp, including an outdoor recreation space and picnic area.” They “sleep in an air-conditioned bunk house and have the use of an activity room equipped with various recreational items, including a television with VCR and DVD players, a stereo system, and sports equipment.”

Furthermore, the petition cites the Senate’s recent vote to block Guantanamo detainees from entering the U.S. as further reason to deny their release — despite the fact the vote was in defiance of a White House request. The petition comes just a week after President Obama, in a speech defending his plan to close Guantanamo, declared that “the wrong answer is to pretend like this problem will go away if we maintain an unsustainable status quo.”

Yglesias

Health and Taxes

healthcare_costs

Most of the early public skirmishing over health care issues has centered around nebulous fears of a “government takeover” of the health care sector. My sense of the state of play in congress, however, is that the votes almost certainly exist for the kind of regulatory overhaul that will change the nature of our health care system for the better. The sticking point is that ensuring the availability of affordable health care involves a substantial up-front expenditure of funds. As Peter Orszag explains, health reform is the best chance to put costs on a sustainable path over the long term. But over the short term, it takes money. And there’s no clear congressional consensus over where to find the money.

Steve Benen observes that the latest CNN polling indicates a similar issue in public opinion. 63 percent say “they would favor an increase in the federal government’s influence over their own health-care plans in an attempt to lower costs and provide coverage to more Americans,” indicating that scare stories about bureaucracy aren’t a key stumbling block. But then they asked:

“Would you prefer a health care reform plan that raises taxes in order to provide health insurance to all Americans, or a plan that does not provide health insurance to all Americans but keeps taxes at current levels?”

The split was 47-47. That’s not deadly. Indeed, I think it suggests that politicians who want to do the right thing have plenty of wiggle room. But the problem is that even if you have a senator who’s willing to raise “taxes” in the face of 47-47 public opinion, you have an additional hurdle when the subject turns to any particular tax.

Yglesias

The Growth/Oil Hammer

oilpump500-1

I find the debate about whether or not we’re seeing “green shoots” to be a bit confused. Moreover, I don’t believe I can see the future. What I can see is the present, where markets react to any sign of good economic news with a big jump in oil prices. And the news in question is of the “things aren’t getting bad quite as quickly as we feared” genre of good news. What if six months ago, the economy is actually growing? Not growing rapidly. But just growing. Like, the number is above zero rather than below it.

Well it seems to me that we’ll be right back where we were in the summer of 2008 where sky-high gas prices were clobbering everything. And we haven’t really done anything over the past year to leave ourselves better-prepared for that situation.

Meanwhile, over the past six months the rising unemployment rate and falling asset values have been partially offset by the fact that thanks to energy price declines, real incomes for the employed majority have actually been rising. A spike in oil prices will put a stop to that and further hammer consumption. And the ensuing rise in inflation, though it’ll be non-core inflation, will probably make the Fed queasy about expansionary monetary policy.

Which is to say that if the recession ends, then it seems likely that we’ll slip right back into a new recession. I wish that weren’t the case, and that everyone would just react to an oil price spike by biking to work, but realistically we don’t seem to have made nearly the scale of adjustments that would be necessary to let the country shrug off a return to oil that costs over $4 a gallon.

Yglesias

Preferential Treatment

A couple of more points on the allegedly “preferential treatment” that Michael Goldfarb thinks Sonia Sotomayor received during her Princeton years. First, as Michael O’Hare says:

I remember arriving at Harvard (a decade before SS went to college) from the Bronx HS of Science, whence Harvard had admitted eleven students a year since forever, out of a graduating class of about 800- of whom, we learned, none had ever graduated less than magna. There I found many things of interest to a New York kid, for example (1) Protestants! (2) …who seemed to be in charge of everything! My social justice gland went into overdrive as I started to meet the thirty-odd Pomfret students (a third of their graduates) in my class through my roommate, and compare them just on general smarts to the BHSS students who hadn’t made the cut with me.

Right. When I was at Harvard in the early days of the 21st Century, it seemed that there was very little year-to-year variance in the number of kids admitted from Dalton to each class. Similarly, there was very little year-to-year variance in the number of kids admitted from Stuyvesant to each class. These were two very good high schools in New York City. One was very expensive, one was free. Admission to Dalton was competitive, but only a minority of families could afford the tuition, and many of the students had been admitted in kindergarden. Admission to Stuyvesant was done via a standardized test administered to eighth graders. Naturally, the more-or-less fixed formula had Harvard take in a higher proportion of any given Dalton graduating class than any given Stuyvesant graduating class. Consequently, while the Dalton kids were considerably worldlier and in some ways more sophisticated, on average the Stuyvesant kids were smarter.

Which is to say that, as everyone knows, the main affirmative action at fancy private colleges is for the well-to-do in general and legacies in particular. Read about the “z list” (see also) and then complain about preferential treatment.

Meanwhile, it turns out that the specific innuendo Goldfarb was peddling about Sotomayor was false in all its key particulars. he didn’t get “preferential treatment” by being allowed to teach her own class

Climate Progress

Has Obama saved Detroit from itself — or is that simply impossible?

You’re all gonna own a part of GM, so please, fellow owners, let me know what you think!

peak_oil2.jpg

Readers of Climate Progress understand two inescapable realities that the overwhelming majority of policymakers, the status quo media, and the car companies (with one exception) do not:

  1. Peak oil is inevitably going to drive up gasoline prices to record levels within a few years, driving an inevitable switch to much more fuel-efficient vehicles and non-oil-based alternative fuels, of which by far the cheapest per mile is electricity.
  2. Avoiding catastrophic global warming requires sharp increases in fuel economy and a switch to low carbon fuels — of which there is only one available in quantity:  electricity (as explained here).

Reality #1 is a more imminent day of reckoning for the car companies.  After all, the only way to stop oil demand from outstripping the peaking of oil production is massive demand destruction, which is itself possible in only two ways.  The first way, pursued by the Bush administration, albeit (mostly) unintentionally, is to destroy the global economy.  Let’s call that the short-term “non-optimal” approach.

But in the medium and long term, for oil to be significantly below $200 a barrel and gasoline to be significantly below $5 a gallon in 2020 would take a miracle “” or rather 6 miracles see “Science/IEA: World oil crunch looming? Not if we can find six Saudi Arabias!” and “IEA says oil will peak in 2020“).  See also “Merrill: Non-OPEC production has likely peaked, oil output could fall by 30 million bpd by 2015,” which noted,

Steep falls in oil production means the world now needed to replace an amount of oil output equivalent to Saudi Arabia’s production every two years, Merrill Lynch said in a research report.

A March McKinsey report concluded, “the potential looms for liquids demand growth to outpace supply creating a new spike in oil prices as soon as 2010 to 2013, depending on the depth of the economic downturn.”

Heck we’ve hit $65 a barrel and we’re still in the middle of the worst global economic collapse since the Great Depression.

Detroit has not only willfully ignored the obvious oil and climate trends as evidenced by the cars they sell (or, rather, used to sell) — but they actually joined with conservatives in blocking every major attempt by progressives to help them develop cleaner cars and to require they build more fuel-efficient cars (see “Why bail out the car companies when they bailed out on us?“)

The Obama administration certainly understands that “the equivalent to Saudia Arabia’s production every two years” can’t be found underground.

Read more

Yglesias

Mankiw, Redistribution, Height Taxes, and Utilitiarianism

bentham

Via a distraught Conor Clarke, I see that not only did Greg Mankiw once write a cheeky paper arguing that maybe we should impose a height tax, he also goes in for some odd philosophical claims. To try to reconstruct his argument, he believes:

  1. The main arguments in favor of redistributive taxation are grounded in utilitarianism.
  2. Utilitarian theory supports taxing tall people more heavily than short people (this is the thesis of the paper).
  3. Therefore, people should either sign on for the height tax or else abandon their support for redistribution.

He concludes with this:

A moral and political philosophy is not like a smorgasbord, where you get to pick and choose the offerings you like and leave the others behind without explanation. It is more like your mother telling you to clean everything on your plate. If you are a Utilitarian redistributionist, the height tax is like that awful tasting vegetable your mother served up because it is good for you. No matter how hard you might wish it wasn’t there sitting on your plate, it just won’t go away.

I think there are a ton of mistakes being made here. This goes back to a point I was making a while ago about how dangerous it is that the public discourse is so dominated by low-quality freelance philosophy done by people with PhDs in economics. I’m fairly certain that if Mankiw were to walk over to Emerson Hall he could find some folks (possibly T.M. Scanlon who I know sometimes reads this blog) who could explain to him that there’s little grounds for the belief that a commitment to utilitarianism is the main justification for redistributive taxation.

So point one is factually wrong.

But that aside, I think the “smorgasboard” argument is a confused way of thinking about moral reasoning. A great many crucially important questions in normative ethics are easy. Is it okay to murder Greg Mankiw to steal the money in his pocket? No, it isn’t. But a lot of foundational questions in ethical theory are hard. And a lot of meta-ethical questions are hard. Normal people don’t even understand what all of these questions are. And those of us who’ve thought a little bit about them, but decided not to go into the professional philosophy game may be aware that there are issues in these areas about which we’re uncertain. There’s a certain hyper-literal sense in which these questions all form a hierarchy. First I must decide where I stand on meta-ethics. Am I a reductive moral realist? A quasi-realist? A practical reasons theorist? An old-school “moral facts are facts too, damnit” moral realist? Are there theological issues in play? Then I need to decide if I’m a utilitarian (and if so, what kind of utilitarian!) or maybe some other kind of consequentialist or maybe I have a more Kantian view. So then depending on those answers, I can say “killing Greg Mankiw to steal the money in his pocket is wrong because…” and then lay the whole thing out.

I think what Mankiw is implying with the “smorgasboard” argument is that this is how people should actually engage in moral reasoning. So if I find myself uncertain about a broad question in ethical theory, this uncertainty must logically inflict my first-order moral judgments. Maybe killing Greg Mankiw really is okay? And if I’m not uncertain, if I say “the reason it’s wrong to kill Greg Mankiw and steal his money is that the murder would reduce net utility” then the murderer can counter with “well, if you believe in utilitarianism, you ought to believe in a height tax.” Then I say “well that sounds wrong!” And then, having debunked utilitarianism, Mankiw gets shot and everyone agrees that justice has been done.

Something’s gone wrong there. We don’t abandon considered convictions about normative issues that quickly. Murder is wrong. If forced to contemplate the alleged contradiction, there are a bunch of things we might want to consider. Maybe the analysis of the height issue has gotten something wrong, utility-wise. After all, though the paper is clever, it’s hardly a comprehensive review of all of the hedonic issues in play. Or maybe utilitarianism isn’t the best theoretical grounding for the conviction that murder is wrong. Or, maybe the height tax thing actually is a good idea, albeit an unrealistic one. But since this isn’t a “live” subject of political controversy, and since there seem to be a lot of other more clear-cut policy issues, we decide to spend our time and energy thinking about less outlandish policy suggestions.

Yglesias

Losing the Crucial “White People With Spanish Last Names” Vote

My friend Julian Sanchez, another not-especially-Hispanic blogger/pundit, has an excellent post on Sonia Sotomayor and the baffling tactics of the conservative movement. I’ll just quote the conclusion:

Look, it’s not racist to oppose a Latina judicial nominee, or to oppose affirmative action, or to point out genuine evidence of ethnic bias on the part of minorities. What we’re seeing here, though, is people clinging to the belief that Sotomayor has to be some mediocrity who struck the ethnic jackpot, that whatever benefit she got from affirmative action must be vastly more significant than her own qualities, that she’s got to be a harpy boiling with hatred for whitey, however overwhelming the evidence against all these propositions is. This is really profoundly ugly. Like Yglesias, I don’t think I’m especially sensitive to stuff like this, or particularly easily moved to anger, but I’m angry. I don’t think Republican pundits really appreciate the kind of damage they’re probably doing, for no reason I can discern given the slim odds of actually blocking the nomination. Which, perhaps, goes to Sotomayor’s point: They really have no idea how they sound to anyone else.

One thing conservatives might want to ask themselves is what would they be saying about Sotomayor if she had the exact same background and record but was a middle class white woman from Riverdale instead of a poor Latina from the projects. Of course, they still wouldn’t like her but they’d find a non-offensive way to express that. They’d say things like “she’ll probably vote with Ginsburg and Breyer whereas I would prefer a justice likely to vote with Scalia and Roberts.” That’s a perfectly good reason to be unhappy with a judicial nominee. Instead, they’re freaking out about her name, about Puerto Rican food, about the idea that she’s bitchy, that she’s benefited from “preferential treatment,” that she must secretly be stupid, that she’s a Klan member, and all kinds of other nonsense that’s only explicable as a hostile reaction to her ethnic background.

Conservatives ought to picture an anti-abortion, gun-owning, married, male, prosperous, Cuban-American small businessman living in the suburbs of Miami. Picture him reacting to the news of Sotomayor’s nomination. Perhaps he’s happy in some sense to contemplate a Latina on the bench, but perhaps not. Either way, the guy’s still a solid conservative. Now picture him listening to G. Gordon Liddy say “I understand that they found out today that Miss Sotomayor is a member of La Raza, which means in illegal alien, ‘the race.’” That’s not going to play well.

Politics

Does Michael Steele Still ‘Follow’ G. Gordon Liddy’s ‘Footsteps’ And Will He Appear On His Show Again?

liddysteele.jpgYesterday, ThinkProgress reported that former Watergate crook and current hate radio host G. Gordon Liddy had launched perhaps the most offensive attack against Judge Sonia Sotomayor yet. “Let’s hope that the key conferences aren’t when she’s menstruating or something,” said Liddy, adding that she speaks “illegal alien.”

One day after Liddy put his over the top sexism and racism on display, RNC Chairman Michael Steele called on conservatives to quit “slammin’ and rammin’” Sotomayor with personal attacks. Presumably, Liddy’s offensive rant is exactly the message Steele wants to cease, which raises the question of whether Steele will continue to associate himself with Liddy.

As ThinkProgress reported in March, Steele appeared on the Feb. 5, 2009 edition of Liddy’s radio show and told the hardline right-winger that he follows in his footsteps:

STEELE: So, I, you know, I follow the footsteps of guys like you who, you know, who, you know, set the bar and pushed and pushed and pushed and made sure that we could obtain the results that would benefit people in communities, fighting for the rights of individuals and making sure that, you know, we don’t back down. Our opponents don’t back down. Why do we?

Listen here:

So, the question is: In light of Liddy’s degrading rhetoric, will Michael Steele continue to make appearances on his radio show or will he take a stand and refuse to appear with someone who so harshly disrespects women and Latinos?

Yglesias

The New GM Europe

opel_corsa_gsi-1

The new General Motors is going to be a strange enough entity—a state-owned automaker with its own union and the government of Canada on board as major junior partners. But the situation in the new GM Europe, which is mostly composed of Opel, is even odder. It initially looked like Opel was going to be sold to Fiat, which is also buying Chrysler, as part of Fiat’s campaign to become a legitimate first-tier player in the auto market. But Magna, a Canadian car parts company (that’s also to some extent Austrian), was also interested in Opel. And the German government seems to have decided that a Magna-owned Opel would preserve more German jobs than a Fiat-owned Opel would. So the Germans helped stitch together a deal also involving Sberbank, a very large state-owned Russian bank.

And part of the appeal of that to the Russian government is that GAZ, Russia’s number-two car manufacturer, will now start building Opel cars on its assembly lines rather than terrible, terrible GAZ cars. Thus, jobs will also be saved in Russia.

In other words, the Russians and the Germans appear to have taken action to guarantee even more overcapacity in automobile production. And with essentially all global automakers operating with some level of government support, it’s hard to see how anyone can stay in the game without continuing government support. At some point, aren’t we going to have to start unraveling this?

Yglesias

More Risk or Less

Gary Gorton wrote a 20,000 word paper I’d been meaning to read since Ben Bernanke represented it. Ezra Klein did a summary, though, so I didn’t actually read it. Gorton’s main contention is that moving forward we need to make the “shadow banking system” more like the regular banking system, in which there are explicit government guarantees paired with regulation.

I totally follow the logic of this, but I think it’s dead wrong for the reasons Felix Salmon lays out:

In my view of the crisis, it’s precisely the demand for informationally-insensitive assets which is the problem. And we need to get individuals, companies, and institutional investors out of the mindset that they can do an elegant little two-step around the inescapable fact that anybody with money to invest perforce must take a certain amount of risk. If you have a world where people are all looking for risk-free assets, you end up shunting all that risk into the tails. And the way to reduce tail risk is to get everybody to accept a small amount of risk on an everyday basis. We don’t need more informationally-insensitive assets, we need less of them.

That seems right to me. The combination of FDIC insured bank accounts and treasury bonds seems to me like an adequate supply of safe savings vehicles for the people who need them. People sitting on huge pots of money have perfectly good reason not to want to accept the low interest rates involved in those vehicles. But the price you pay for higher returns is more risk. But more risk should be acceptable to people with larger pots of money. What’s needed is for more time and energy to be put into people thinking about what kind of risks are worth bearing, instead of all this time and energy being put into trying to “engineer” the risk away. I think Gorton’s proposal would amount to basically shifting the engineering function out of the private sector and onto regulators, but this seems much more likely to wind up concentrating the risk at the tale (what if the regulators massively screw up?) than to actually make it go away.

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