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Justice

Kagan Hearing Day Two: Serving Up Thin Gruel

Kagan-2President Obama is right.  The attacks on Supreme Court nominee Elena Kagan’s record are “pretty thin gruel.”  But lacking any reason to oppose the President’s nominees has never stopped Republicans from offering up kneejerk opposition in the past.  For the most part, today’s hearing has been no different.  In the absence of any real case against General Kagan, GOP senators have largely followed one of three models during this week’s hearings.

  • The Sessions/Cornyn/Coburn Model: Double-Down on the Crazy

On the eve of the hearing, Sen. Jeff Sessions (R-AL) demanded that Kagan embrace a radical “tenther” view of the Constitution and strike down laws conservatives don’t like.  Yesterday, Kagan made very clear that she will not agree to turn the Constitution into the right-wing’s plaything.  Nevertheless, many of the Committee’s conservatives refused to let this issue drop.  Sen. John Cornyn (R-TX), for his part, claimed that the recently enacted Affordable Care Act violates the Tenth Amendment –  a position that places him well to the right of even ultra-conservative Justice Antonin Scalia. Sen. Tom Coburn levied similar attacks against health reform.  Not to be outdone, Sessions based much of his questioning on the writings of Richard Epstein, a fringe legal academic who describes Social Security and Medicare as “deeply flawed from the outset” and who supports the nearly complete repeal of anti-discrimination laws.

Amusingly, Sessions also spent much of the day lying about lying.  In multiple press interviews, Sessions accused Kagan of not being “accurate” when she said that military recruiters were allowed on Harvard campus during every single day that she was dean of the law school.  Sessions, however, could not actually cite a single false statement by Kagan, and Kagan’s version of events is supported by her very conservative predecessor as Harvard’s dean.

  • The Graham Model: Fight Tomorrow’s Battle

Easily the most effective GOP questioner was Sen. Lindsey Graham (R-SC).  For one thing, Graham was the only Republican who directly acknowledged the strength of Kagan’s qualifications for the Supreme Court.  He read at length from a letter by ultra-conservative attorney Miguel Estrada, which praised Kagan and endorsed her nomination, and he cited several briefs Kagan had signed that he agreed with.  By the end of his time at the microphone, Graham — who also supported Justice Sotomayor — looked a lot like a “yes” vote.

At the same time, however, Graham extracted some valuable concessions from Kagan.  During the Bush Administration, Estrada was himself a nominee for the D.C. Circuit, but his nomination was blocked after Bush officials systematically blocked the Senate from receiving any information about his views.  Today, Kagan described Estrada — a personal friend of hers since law school — as qualifed to sit both on the D.C. Circuit and on the Supreme Court, and she offered to write Graham a letter saying as much.  Although Graham also tried and failed to get Kagan to endorse legislation formalizing military commissions and limiting Miranda, her endorsement of Estrada could prove quite valuable to conservatives if one of their own is picking judges in the future.

  • The Kyl Model: Get Really Defensive

Chief Justice Roberts and his right-wing collegues were the big losers during yesterday’s hearing, a several of the Committee’s more progressive members spent the day highlighting the Roberts Court’s love affair with powerful corporate interests.  Faced with such a damning case, Sen. Jon Kyl (R-AZ) went on the defensive.  During the hearing, Kyl tried, unsuccessfully, to claim that the Roberts Court was just following the law when, in case after case,  it granted sweeping legal immunties to corporations.  And he even called the case against the Roberts Court “fraudulent” on a right-wing radio show.

What Kyl could not do, however, is offer any explanation for why corporations should be immune from a 60 year-old campaign finance law, why banks and drug companies shouldn’t have to follow state law, why a century-old rule banning price fixing should cease to exist, or why women and older workers should not be protected against discrimination.

Politics

Kyl Denies That The Roberts Supreme Court Is On The Side Of ‘Big Business’: It’s A ‘Fradulent Claim’

Sen. Jon Kyl (R-AZ), a member of the Senate Judiciary Committee, appeared on Hugh Hewitt’s radio show yesterday to discuss Elena Kagan’s Supreme Court nomination. Kyl complained that during the hearing, Democrats attempted to paint the Supreme Court led by Chief Justice John Roberts as “coming down on the side of big business“:

HH: With Chief Justice Roberts, was any review of those documents held by a — for example, the senior minority member of the Judiciary Committee?

JK: No. No, not to my knowledge, no.

HH: How did the first day go?

JK: Pretty much as expected. Republicans raised appropriate questions. It was respectful. She noted that all of her meetings with Senators have been courteous. Democrats primarily not only applauded her for having a wonderful background and being a great person, but also took the opportunity to slam what they call the Roberts Court and its activism in coming down on the side of big business repeatedly at the expense of the little guy. All a fraudulent claim, but that’s what they’re arguing.

Of course, the Senate Democrats’ arguments were far from “fraudulent.” The Roberts court has been one of the most pro-corporate in history. A recent study from the Constitutional Accountability Center documented how the court “has a decidedly probusiness tilt.” Demonstrating this bent, the court last week strengthened corporations’ power to force their customers and employees into biased, privatized courts whenever a dispute arises between them.

And, the court’s far-right voting bloc famously upended precedent to defend corporations’ supposed right to spend unlimited sums on elections in Citizens United. Today, in a piece on Roberts’ dramatic impact on the court, the New York Times said that decision “showed great solicitude to the interests of corporations.”

- William Tomasko

Economy

Will Snowe Talk The Senate Into A Stand-Alone Jobless Benefits Extension?

Earlier this month, Senate Democrats tried and failed on three separate occasions to pass a tax extenders bill that included an extension of unemployment benefits that have currently expired. The problem, though, wasn’t that the bill lacked majority support, but that it was filibustered by Republicans who, along with Sen. Ben Nelson (D-NE), refused to allow it to proceed to a final vote by defeating cloture motions.

Senate Democrats whittled the bill down to appease Republican concerns and subjected more and more of the bill to spending offsets, ultimately leaving just the jobless benefits extension unpaid for. But still, the Republicans refused to relent. However, one glimmer of potential hope remains for those counting on the Senate to take the belated but responsible step of extending benefits, as Sen. Olympia Snowe (R-ME) is advocating for a benefits-only bill, even saying that she’s okay with it adding to the deficit:

The hundreds of thousands of unemployed Americans who are losing jobless benefits every week deserve our immediate attention, so I am writing today to urge you to bring a free-standing extension of unemployment insurance benefits to the Senate floor for a vote early next week. As of today, more than 1.2 million people out of work for longer than six months are ineligible for the next tier of extended benefits, which were originally provided by the economic stimulus bill to fight the recession.

It’s a pretty ugly spectacle to see Snowe call for paying “immediate attention” to a measure that she voted to filibuster not once, but three times. But, considering that 1.2 million people will have lost their benefits by the end of this week if something is not done and that 46 percent of the unemployed have been out of work for six months or more, I suppose this is worth considering.

Of course, passing a stand-alone bill neglects all the other important provisions that were in the extenders bill, including COBRA subsidies to help laid-off workers purchase health insurance and aid to states to help them with their Medicaid bills. Failing to pass such measures is only going to add to the economic misery that Snowe at least seems aware is occurring.

Today, the House attempted to rush a bill consisting of nothing but a benefits extension through under a suspension of the rules, which means that a two-thirds majority of members was needed for it to pass. However, the House fell short on a 261-155 vote, meaning that the bill — which costs $33 billion — will have to be brought back under normal order if House Democrats wish to ultimately approve it.

Health

REPORT: Adult Obesity Rates Increased In 28 States In Past Year

obesity2A new report from the Robert Wood Johnson Foundation finds that “adult obesity rates increased in 28 states in the past year, and declined only in the District of Columbia.” And “more than two-thirds of states (38) have adult obesity rates above 25 percent,” a figure practically unheard of 20 years ago when “no state had an obesity rate above 20 percent.” Other key findings:

- Adult obesity rates for Blacks topped 40 percent in nine states, 35 percent in 34 states, and 30 percent in 43 states and D.C. Rates of adult obesity for Latinos were above 35 percent in two states (North Dakota and Tennessee) and at 30 percent and above in 19 states. No state had rates of adult obesity above 35 percent for Whites. Only one state-West Virginia-had an adult obesity rate for Whites greater than 30 percent.

- The number of states where adult obesity rates exceed 30 percent doubled in the past year, from four to eight –Alabama, Arkansas, Kentucky, Louisiana, Mississippi, Oklahoma, Tennessee and West Virginia.

- Ten of the 11 states with the highest rates of diabetes are in the South, as are the 10 states with the highest rates of hypertension. Northeastern and Western states had the lowest adult obesity rates; Colorado remained the lowest at 19.1 percent.

Look at their colorful map of childhood obesity rates (which is interactive on their website):

kidsObesityRWJ

The report also finds that the public is fairly receptive to using taxpayer dollars to help bring down obesity rates. For instance, 56% says that “a comprehensive program to combat childhood obesity is worth the financial investment, even if it would increase government spending by billions of dollars a year (and this during a difficult economic period in which many voters have been hesitant to support more government spending).” (The very same ‘difficult economic period’ that may have pushed some consumers towards cheaper and less healthy foods). Fifty-eight percent believe preventing childhood obesity is “a very important” priority.

This all sounds good, but it’s easy to support general obesity reduction efforts that don’t have any specific proposals or cost estimates attached to them — particularly when you see the whole thing as someone else’s fault. The survey also found that 84% of parents believe their children are at a healthy weight, “but research shows nearly one-third of children and teens are obese or overweight.”

Yglesias

Endgame

I care less and less and less about you:

— Supreme Court lets employer health care mandate stay in place in San Francisco.

“Principles for Transparency and Public Participation in Redistricting” is interesting, but multiple member districts is still the answer here.

— Turns out conservatives have off-the-record email lists too. Who knew?

— Idaho GOP goes goldbug, endorses various other bits of lunacy.

— American banks just can’t quit money-laundering.

Tame Impala, “Solitude is Bliss”

Politics

Senate Republicans block measure to provide additional benefits to homeless veterans.

Today, Sen. Patty Murray (D-WA) brought her bill — the Homeless Women Veterans and Homeless Veterans With Children Act — to the Senate floor seeking unanimous consent. Murray said the bill would “expand assistance for homeless women veterans and homeless veterans with children and would increase funding and extend federal grant programs to address the unique challenges faced by these veterans.” However, Minority Leader Mitch McConnell (R-KY) objected on behalf of Sen. Tom Coburn (R-OK) to this seemingly non-controversial issue:

McCONNELL: Madam president, reserving the right to object and I will have to object on behalf of my colleague Sen. Coburn from Oklahoma. He has concerns about this legislation, particularly as he indicates in a letter that I’ll ask the Senate to appear on the record that it be paid for up front so that the promises that makes the Veterans are in fact kept. So madam president I object.

Watch it:

This is pretty low, even for Republicans,” the Washington Monthly’s Steve Benen said. While Murray pledged to continue to fight for the bill’s passage, Majority Leader Harry Reid’s (D-NV) spokesperson said “Republicans have their priorities backwards — according to them, it’s OK to give tax breaks to CEOs who send American jobs overseas, but not to help out-of-work Americans and homeless veteran.”

Security

AZ Chamber Of Commerce Takes Immigration Law To Supreme Court, But Endorses Jan Brewer

brewerYesterday, the Supreme Court announced that it will hear Chamber of Commerce v.Candelaria, the Arizona Chamber of Commerce’s legal challenge to the Legal Arizona Workers Act (LAWA) — an Arizona law that punishes companies by suspending or revoking their business licenses if they are found to be knowingly hiring undocumented immigrants. Despite its opposition to LAWA, the Chamber has had little to say about about the controversial immigration bill which Gov. Jan Brewer (R-AZ) recently signed into law, SB-1070. Not only is the Chamber curiously remaining silent about a related immigration measure that reinforces LAWA, it has now endorsed Brewer in her race for governor.

The Arizona Chamber of Commerce described its decision process in a press release announcing its endorsement of Brewer: “incumbent candidates were evaluated based on their record in office as it relates to the Chamber policy agenda and their commitment to promoting a pro-business agenda.” If that’s the case, the Chamber may want to take another look at how Brewer’s immigration position stands up to their own.

One of the main arguments against LAWA as well as SB 1070 is that the laws are federally pre-empted, or that immigration is under the jurisdiction of the federal government. “Employers are being overwhelmed by a tidal wave of conflicting state and local immigration laws,” said Robin Conrad, executive vice president of the National Chamber Litigation Center, in reference to LAWA. Not only did Brewer sign off on a law that goes a lot further than LAWA, the actual effects of SB-1070′s implementation will likely hit business even harder. While LAWA’s scope was limited to employment practices, SB-1070′s focus is on making life miserable for undocumented immigrants. If the law succeeds in its goal of ridding the state of them, it’s estimated that Arizona will lose $26.4 billion in economic activity, $11.7 billion in gross state product, and approximately 140,324 jobs. The Arizona Republic reported today that some business have already been hurt by their departure.

Conrad also stated that “[t]he Chamber supports comprehensive immigration reform.” The U.S. Chamber of Commerce specifically supports an earned path to legalization for undocumented immigrants. However, Brewer believes the phrase “comprehensive immigration reform” is “code” for “amnesty” and refuses to have anything to do with it. According to Brewer, any talk of immigration reform is off the table until the government secures the border and closes the “gateway to America for drug trafficking, extortion, kidnapping and crime.” Considering the fact that statistics show that the border is safer than it’s been in years, it could be a while before Brewer’s perception catches up with reality.

The Arizona Hispanic Chamber of Commerce has called on Brewer to veto SB-1070, stating it will cause “businesses to move out of Arizona, other organizations to stop doing business with or visit the state and result in job losses.” Meanwhile, in its press release, the Arizona Chamber of Commerce praises Brewer, stating “[n]o governor has done more to lessen the regulations and red tape facing business.” Candidates must receive the support of 60 percent of the Board of Directors to receive an endorsement.

Yglesias

The Best Party

A few days ago, I read Sally McGrane’s excellent profile of Reykjavik’s new mayor, Jon Gnarr, a comedian and musician, whose Best Party captured 34.7 of the vote in the recent elections and is now governing in coalition with the Social Democrats:

With his party having won 6 of the City Council’s 15 seats, Mr. Gnarr needed a coalition partner, but ruled out any party whose members had not seen all five seasons of “The Wire.”

A sandy-haired 43-year-old, Mr. Gnarr is best known here for playing a television and film character named Georg Bjarnfredarson, a nasty, bald, middle-aged, Swedish-educated Marxist whose childhood was ruined by a militant feminist mother.

The profile would have done well, however, to link to this Best Party campaign video, which is priceless on its own terms:

Reykjavik is a funny place—a national capital and center of government and culture and all the rest. But it’s tiny. The metropolitan area has about 200,000 residents, on a par with Fargo or Yuma or Racine.

At any rate, I asked ace intern Ryan McNeely to look up how Iceland’s doing economically compared to the other big crisis hot spots. In GDP terms, they’re doing terribly, almost as bad as Ireland:

read_gdp_growth_rate_per_capita,_2009

But in labor market terms, things look pretty rosy:

unemployment_rate,_12_09 (1)

Does currency devaluation explain the difference? Or maybe some direct labor market interventions?

Climate Progress

Obama pushes Senators for energy bill with carbon price — and so does Olympia Snowe (R-ME)

But conservatives falsely claims pollution is energy and a carbon cap that starts in 2013 is “in the middle of a recession.”

Senators say President Barack Obama is insisting that any energy legislation put a price on carbon emissions “” something many Republicans call an energy tax they can’t accept.

That’s the initial brief AP story after Obama met with a bipartisan group of nearly two dozen senators today.  As Wonk Room’s Brad Johnson notes, the GOP keeps claiming “Pollution Is Energy.”

The UK Guardian pushed the status quo media’s conventional wisdom in their headline “Barack Obama fails to rally support for energy bill.”

In fact, Olympia Snowe issued a long statement endorsing a utility cap but repeating some tired myths — including the nonsensical conservative talking point that taking action on climate starting three years from now would somehow threaten the recovery, when the reverse is true (see Nobelist Krugman attacks “junk economics”: Climate action “now might actually help the economy recover from its current slump” by giving “businesses a reason to invest in new equipment and facilities”).

Here is Snowe’s full statement:

Read more

Politics

Bachmann: ‘I Don’t Want The United States To Be In A Global Economy’

BachmannSpeechThis past weekend, President Obama attended the G-20 Summit on international economic cooperation in Toronto, which ended with a declaration calling for member countries to work “to ensure a full return to growth with quality jobs, to reform and strengthen financial systems, and to create strong, sustainable and balanced global growth.” Rep. Michele Bachmann (R-MN), however, fears that the 20 countries were really working to set up “a one world government.”

In an interview on Scott Hennen’s radio show today, Bachmann claimed that the purpose of the G-20 was to “bind together the world’s economies.” Neglecting the already interconnected nature of the global economy, Bachman declared that “President Obama is trying to bind the United States into a global economy”:

BACHMANN: What really concerned me was Treasury Secretary Tim Geithner said that we don’t want to see one country’s economy doing better than another. What? This is the U.S. Treasury Secretary? We don’t want to see Zimbabwe’s economy do better than the United States? Aren’t we supposed to be about the United States and making sure that our economy can be the greatest in the world. If you look at the G20, what they’re trying to do is bind together the world’s economies. Look how that played out in the European Union when they bound all of those nations economies together and one of the smallest economies, Greece, when they got into trouble, that one little nation is bringing down the entire EU. Well, President Obama is trying to bind the United States into a global economy where all of our nations come together in a global economy. I don’t want the United States to be in a global economy where, where our economic future is bound to that of Zimbabwe. I can’t, we can’t necessarily trust the decisions that are being made financially in other countries.

“So I think clearly this is a very bad direction because when you join the economic policy of different nations, it is one short step to joining political unity and then you would have literally, a one world government,” said Bachmann. “I don’t want to cede United States authority to a transnational organization.” Listen here:

Matt Yglesias notes that “the existence of a global economy in which events outside our borders impact us is not something Barack Obama dreamed up, and the idea that having world leaders gather for occasional meetings constitutes a ‘one world government’ is insane.”

But it’s not new for Bachmann to dream up nightmarish scenarios about the U.S. ceding its economic sovereignty. Around the time of the 2009 G-20 Summit, she peddled a false conspiracy theory that the world was moving toward a unified global currency. “This is not Michele Bachmann being a kook,” declared the Minnesota congresswoman. It was and is.

Transcript: Read more

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