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How Not To Report On The Supreme Court

Land Developer Bart Didden

Land Developer Bart Didden

This morning’s New York Times piece on one of Judge Sotomayor’s eminent domain decisions quotes three sources:  Bart Didden, the land developer who Sotomayor ruled against, Ilya Somin, a libertarian law professor who filed a brief supporting Didden, and Richard Epstein, a radical libertarian who thinks that the minimum wage and child labor laws are unconstitutional.  Not one progressive, or even an interested party on the other side of the case is used as a source.  So guess what kind of picture the NYT paints of Sotomayor’s decision?

“This is the worst federal court takings decision since Kelo,” said Ilya Somin, who teaches property law at George Mason University and helped write the brief. “It’s very extreme, and it is significant as a window into Judge Sotomayor’s attitudes toward private property.” . . .

The case arose from a meeting in 2003 between Mr. Didden, who owned property in Port Chester, N.Y., and an executive of a company that had been designated by the village to develop a 27-acre urban renewal area that included part of the property. What happened at that meeting, Mr. Didden said, amounted to extortion.

Mr. Didden had made arrangements to put a CVS drug store on his lot. At the meeting, the executive, Gregg Wasser, demanded $800,000 as the price for permission to proceed with that project, Mr. Didden said in court papers. The alternative, Mr. Wasser said, according to the papers, was to have the village condemn Mr. Didden’s property so that Mr. Wasser’s company could put a Walgreen’s in the same place.

Had the NYT bothered to speak with someone on the other side of the case, however, they might have learned that Didden’s story doesn’t hold water.

The truth is this:  Didden lost his case because he waited too long to file his lawsuit.  He learned that his property was subject to eminent domain in 1999, but waited until 2004 to file suit–two years after the three year statute of limitations had expired.  So Sotomayor’s decision is hardly “extreme;” it simply held that land developers have to follow the same statute of limitations rules as everyone else in the country.

Moreover, the NYT‘s claim that Didden was some kind of victim in this case is absurd.  As Text and History explains, “Bart Didden was a commercial developer who owned property in the blighted area that he had been trying for years, without success, to develop into a CVS pharmacy.”  Once Port Chester included his lot in the urban renewal area, however, the value of Didden’s land skyrocketed.  Suddenly, what was worth close to nothing was worth $800,000 or more; but Didden was not satified with this enormous increase in his land’s value, so he tried to hold out for more.

In other words, the only question in Didden’s lawsuit was whether he would get a massive windfall, or an awesomely massive windfall.

Given the real facts of this case, it’s easy to understand why Judges Reena Raggi and Peter Hall, both George W. Bush appointees, joined Judge Sotomayor in unanimously rejecting Didden’s claim.  Maybe next time, the New York Times will bother to check its facts before it goes to print with a story that was virtually dictated to it by the right.

Security

REPORT: Key Terror Detainee Acknowledged ‘I Make Up Stories’ In Response To Torture

The Bush administration has long justified its use of torture by claiming that it obtained valuable information from torturing 9-11 mastermind Khalid Sheikh Mohammed. Late last year, former Vice President Dick Cheney said, “Did it produce the desire results? I think it did.” He explained:

I think, for example, Khalid Sheikh Mohammed, who was the number three man in al Qaeda, the man who planned the attacks of 9/11, provided us with a wealth of information.

But according to documents released by the Obama administration in response to a lawsuit brought by the ACLU, Cheney was lying. Mohammed told U.S. military officials that he gave false information to the CIA after withstanding torture:

“I make up stories,” Mohammed said, describing in broken English an interrogation probably administered by the CIA that concerned the location of Al Qaeda leader Osama bin Laden.

“Where is he? I don’t know. Then he torture me,” Mohammed said. “Then I said, ‘Yes, he is in this area.’”

The torture of Mohammed, who we know was waterboarded 183 times in one month, “underscores the unreliability of statements obtained by torture.”

In an interview with Fox News’ Brit Hume earlier this year, President Bush admitted that he personally authorized the torture of Mohammed. He said he personally asked “what tools” were available to use on him, and sought legal approval for waterboarding him:

BUSH: One such person who gave us information was Khalid Sheikh Mohammed. … And I’m in the Oval Office and I am told that we have captured Khalid Sheikh Mohammed and the professionals believe he has information necessary to secure the country. So I ask what tools are available for us to find information from him and they gave me a list of tools, and I said are these tools deemed to be legal? And so we got legal opinions before any decision was made.

Watch it:


Update

The documents released by the Obama administration today were heavily redacted. Jameel Jaffer, Director of the ACLU National Security Project, said, “The Obama administration should make good on its commitment to transparency, stop suppressing information about torture and abuse and hold accountable the officials who put unlawful policies in place.”

Climate Progress

Big Oil Releases Report Exposing Continued Refusal To Invest In Renewables

bp-investmentsA new report commissioned by the American Petroleum Institute (API) focuses on their finding that of $132.9 billion invested by US public and private sectors in greenhouse gas-mitigating technologies from 2000 to 2008, $58.4 billion came from the oil and gas industry. While API called the oil and gas industry’s investment “pretty impressive,” their report just reinforces that Big Oil has all the wrong priorities:

Kyle Isakower, API’s director of policy analysis, called the oil and gas companies’ $58.4 billion investment a “pretty impressive” number when put in context. “Our members’ primary responsibility is to be able to provide the fuels our country needs,” Isakower explained.

Let’s put this investment into context. The claim that the oil and gas industry invested $58.4 billion in clean energy technologies from 2000 to 2008 is overstated — about ten times over. API lumped in spending on renewable technologies with other “alternative” energies to exaggerate their purported commitment to renewable energy. In fact, the oil and gas industry spent only $6.7 billion on “non-hydrocarbon technology” including ethanol, wind, and solar. $21.1 billion of the $58.4 billion, or more than a third, was invested in liquefied natural gas, yet another fossil fuel. Another $30.6 billion went “mostly to energy efficiency.” Their total investment in renewable energy was little more than a tenth of the $58.4 billion “investments to cut greenhouse gases.”

The oil and gas industry has long invested only a small percentage of their profits in renewable and alternative energy ventures. The API-commissioned report from T2 and Associates and the Center for Energy Economics at the University of Texas leaves out any accounting of total oil and gas profits, which totaled over $100 billion in 2008 for the top five companies alone. Analysis from the Center for American Progress showed that these top five oil companies — BP, Chevron, Conoco Phillips, ExxonMobil, and Shell — committed just 4 percent of their total profits to low-carbon investments in 2008. Exxon-Mobil, the biggest of the big oil companies, made more than $45 billion in net income in 2008 — and invested less than 1 percent of its profits in renewable energy. In fact, the API report reveals that the entire oil and gas industry is as bad as or worse than Exxon when it comes to under-investing in renewable energy:

Big Oil Invested Less Than One Percent Of 2000-2008 Profits In Renewables. The top five oil companies raked in $656 billion from 2000 to 2008, meaning that the $6.7 billion investment by the entire US oil and gas industry in renewable energy represents just 1 percent of the profits of the top five oil companies alone. [API, CAP]

Other examples of Big Oil’s attempt to inflate their commitment to renewable energy include multi-million dollar investments in advertising and “green-washing” campaigns, despite investing heavily in organizations that question the existence of global warming. In 2007, Exxon-Mobil spent $100 million on advertising, producing ads that focused on global warming, efficiency, and alternative energy. Chevron has created an “I Will” ad campaign in spite of its record of investing only 5 percent of its $23.9 billion in profits in renewable energy in 2008.

Climate Progress

Our hellish future: Definitive NOAA-led report on U.S. climate impacts warns of scorching 9 to 11°F warming over most of inland U.S. by 2090 with Kansas above 90°F some 120 days a year — and that isn’t the worst case, it’s business as usual!

UPDATE:  For links to the report and more, see Lubchenco says, “This report is a game changer.”

If humanity stays near our current greenhouse gas emissions path, then Americans face hell — every state will be red:

The thermometer in this landmark U.S. government report puts warming at 9 to 11°F over the vast majority of the inland U.S. — and that is only the average around 2090 (compared to 1961-1979 baseline).  On this emissions path, the IPCC’s A2 scenario, most of the inland United States will be warming about 1°F a decade by century’s end.  Worse, we are on pace to exceed the A2 scenario (which is “only” about 850 ppm in 2100):  See U.S. media largely ignores latest warning from climate scientists: “Recent observations confirm “¦ the worst-case IPCC scenario trajectories (or even worse) are being realised” “” 1000 ppm.

So this part of my not-so-well-funded analysis appears to hold up well:  “Yes, the science says on our current emissions path we are projected to warm most of U.S. 10 – 15°F by 2100.”

But I’m getting ahead of the story.  On Tuesday at 1:30 PM, the US Global Change Research Program is releasing its long-awaited analysis of Global Climate Change Impacts in United States with NOAA as lead agency.

Read more

Yglesias

Endgame

The long, dark summer of no interesting sporting events begins:

— Reihan Salam’s new blog at National Review.

— Mark Krikorian seems puzzled by the idea of doing the right thing regardless of partisan considerations.

— Movies I watched this weekend: The Brothers Bloom is fun but only so-so, I’ve Loved You So Long is excellent but depressing.

— Kevin Drum on the alleged Twitter revolution.

— It’s just a coincidence, but I’m pretty sure I’m going to be meat free this Monday and I am trying to be more conscious about meat consumption.

— America should stand aside from Iran’s political crisis until we hear a clear message from dissident leaders that they want us to do something.

Is True Blood any good? I think I watched the first three episodes and abandoned it. But some people seem to like it. Worth renting on Netflix?

Politics

Senate GOP Blocking Obama Nominees In Attempt To Delay Health Care And Climate Legislation

dawn1In April, ThinkProgress noted that Republicans were blocking an increasing number of President Obama’s nominees to pursue ideological witch hunts and to facilitate self-interested horse trades. Two months later, a number of key nominees are still waiting and Senate Republicans are bottling up dozens more of Obama’s nominees in order to delay action on key Obama agenda items like health care and climate change legislation by consuming one of the most precious resources in the Senate: floor time. Roll Call explains:

Reid came to the floor three times Wednesday and several more times throughout the week to plead with his Republican colleagues to stop holding up a growing number of President Barack Obama’s appointees. The Majority Leader’s appeal was his most forceful yet, and aides say he has no plans to abandon the effort anytime soon.

“I would hope that people would search their conscience and try to get these done,” Reid said, explaining that procedural motions that he could employ to clear the nominees would eat up too much floor time. “It would take until the summer, until we finish the July recess and beyond, for us to get this done, filing cloture on every one of these. I hope it doesn’t come to that.”

Absent unanimous consent from all senators, no issue may be considered by the full Senate unless it is given time on the Senate floor for debate. Although such a debate can be cut off by a cloture motion — a vote receiving the support of 60 senators — such a motion itself consumes floor time. Thus, by indiscriminately objecting to President Obama’s nominees, a single senator can effectively force Reid to choose between confirming essential government personnel or advancing health care reform, cap and trade, the federal budget or anything else on the Senate’s agenda. Floor time is limited and Senate conservatives are running out the clock to ensure that nothing gets done.

Among the nominees conservatives are holding hostage are Dawn Johnsen, President Obama’s exceptionally qualified nominee to head the Department of Justice’s Office of Legal Counsel, Harold Koh, a leading expert in international law who is nominated to be the chief legal adviser to the State Department, and Judge David Hamilton, a court of appeals nominee currently being blocked because of false claims that he gave preferential treatment to Muslims in favor of Christians.

Yglesias

John McCain Once Again Demonstrates Total Ignorance of Vital Public Policy Debates

One of the frustrating elements of the health care debate in the United States is that not only are the legislative options constrained by the dread “political reality” but the actual conversation around the issue is weirdly hemmed-in by America’s ideological hang-ups. There is, for example, simply no way to dispute the fact that other developed countries with national health care systems also have more efficient health care systems. There’s maybe a credible argument to be made that the United States couldn’t realize those efficiencies, but no serious person can maintain that they don’t exist. And yet here’s John McCain saying “the idea that somehow the government can administer health care in a more efficient fashion than the private sector I think flies in the face of examples of other countries that have done so.”

He went unchallenged on this assertion because in America “everyone knows” that government is inefficient and “everyone knows” that foreign countries are bad. But as Ali Frick points out “McCain is simply wrong” and the American health care system is hideously inefficient:

Compared with five other nations — Australia, Canada, Germany, New Zealand, the United Kingdom — the U.S. health care system ranks last or next-to-last on five dimensions of a high performance health system: quality, access, efficiency, equity, and healthy lives.

Efficiency: On indicators of efficiency, the U.S. ranks last among the six countries, with the U.K. and New Zealand ranking first and second, respectively. The U.S. has poor performance on measures of national health expenditures and administrative costs as well as on measures of the use of information technology and multidisciplinary teams. Also, of sicker respondents who visited the emergency room, those in Germany and New Zealand are less likely to have done so for a condition that could have been treated by a regular doctor, had one been available.

To understand the point about efficiency you have to understand how much more the United States spends than other developed countries. Per capita health spending in Switzerland is 68 percent of what we spend. And that’s the most expensive country! In Canada it’s 57 percent In Denmark it’s 51 percent. In the UK it’s 41 percent. In Finland it’s 38 percent. The OECD median is 44 percent. Under the circumstances, the claim that our system is more efficient is an extremely bold conjecture. The idea would have to be that not only is our health care in some sense “better” than Danish health care, but that it’s actually twice as good in some sense even though Danes don’t seem to be healthier along any metric.

Politics

State GOP staffer sends racist image of Obama.

Over the weekend, a GOP official in South Carolina posted a comment to Facebook comparing Michelle Obama to an escaped gorilla. Now, in a second instance of Republicans playing the race card against the Obamas, Wonkette notes that a racist e-mail was sent out by a legislative staffer for Tennessee GOP state senator Diane Black. The staffer, Sherri Goforth, e-mailed this composite picture of the country’s 44 presidents, which represents President Obama with only a set of eyes:

44presidents1

Nashville Is Talking asked Goforth about the e-mail:

When I asked her if she understood the controversial nature of the photo, Goforth would only say she felt very bad about accidentally sending it to the wrong list. When I gave her a second chance to address the controversial nature of the email, she again repeated that she only felt bad about sending it to the wrong list of people.

“I went on the wrong email and I inadvertently hit the wrong button,” Goforth told NIT. “I’m very sick about it, and it’s one of those things I can’t change or take back.”

Climate Progress

Who, really, is inciting Americans to violence today? Hint: Even Fox News anchor Shepard Smith is worried about them.

NYT columnist Frank Rich has a terrific column on the hate-mongering being pushed by the some of the right-wing media these days, “The Obama Haters’ Silent Enablers“:

WHEN a Fox News anchor, reacting to his own network’s surging e-mail traffic, warns urgently on-camera of a rise in hate-filled, “amped up” Americans who are “taking the extra step and getting the gun out,” maybe we should listen. He has better sources in that underground than most.

You might think this is an off-topic post — but in fact a favorite strategy of the right wing’s many professional climate science deniers is to claim that climate science activists are threatening them with violence.  ClimateProgress was the victim of a recent such bullying effort, as detailed in this recent post.

The point, of course, is to try to shout down those of us who are warning about the dire nature of the problem and to attempt to paint us as out of the mainstream extremists who advocate violence, when, in fact, historically, progressives have strongly embraced nonviolence as a means of promoting our causes. The tragic irony, of course, is that inaction on climate change will ultimately lead to far more violence worldwide, as the U.S. intelligence community and others have warned (see “Memorial Day, 2029“).

Another reason for this classic bullying tactic is to deflect attention from those who are actually most responsible for inciting hatred and violence in America today — the right wing.  That was the point of Rich’s piece, which I reprint below:

Read more

Yglesias

The Success of Development

Soweto, South Africa (Wikimedia)

Soweto, South Africa (Wikimedia)

I’ve been sort of in a funk about the prospects for doing something to improve the lives of the world’s poorest ever since I read Gregory Clark’s A Farewell to Alms which suggests that the state of play in places like Africa is actually worse than most people think. One possible antidote, it seems, will come from development economist Charles Kenny, whose The Success of Development aims to kick me out of my miasma:

A lot of people are depressed about the state of global development. And they are particularly miserable about Africa. There is a widespread belief that the region remains mired in a Malthusian trap, home to many of the ‘bottom billion’ who are living in ‘fourteenth century’ conditions. And many argue that aid has been a dead loss in fixing the problem. According to this view of the world, we’re stuck in a serious crisis of development.

This book explores the bad news and the good news about development. It lays out the evidence on growing income disparities between the global rich and the global poor that are at the heart of a narrative of crisis. And it chronicles the failed search for a silver bullet to overcome economic malaise.

But it also discusses the considerable successes of development. Not least, the evidence for any country being stuck in a Malthusian nightmare is threadbare. The book points to global progress in health, education, civil and political rights, access to infrastructure and even access to beer. This progress is historically unprecedented and has been faster in the developing world than in the developed.

Interestingly, he’s making the book available for free online. Felix Salmon says he’s been glued to his Kindle all day reading it. I haven’t had that luxury, but I’m looking forward to checking it out.

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