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Koch Front Group Americans For Prosperity: ‘Take The Unions Out At The Knees’

In a speech earlier this month at the Conservative Political Action Committee’s annual conference, Americans For Prosperity-Michigan Executive Director Scott Hagerstrom revealed the true goal of his group and its allies like Wisconsin Gov. Scott Walker’s (R) efforts. Speaking at CPAC’s “Panel for Labor Policy,” Hagerstrom said that AFP really wants to do is to “take the unions out at the knees”:

HAGERSTROM: It’s easy to go out there and fight taxes and increased regulation, you know we send out an action alert on taxes to AFP and we get thousands of people to respond. You send out one on a more complicated issue and it just doesn’t quite resonate…We fight these battles on taxes and regulation but really what we would like to see is to take the unions out at the knees so they don’t have the resources to fight these battles.

Watch it:

Taking “the unions out at the knees” has long been a goal of the Koch brothers and their many front groups. In the run-up to the 2010 elections, the Kochs worked with other anti-labor billionaires, corporations and activists to fund conservative candidates and groups across the country. Now after viciously opposing pro-middle class policies for years, Koch Industries is trying to eliminate the only organizations which serve as a counterweight to the well-oiled corporate machine.

Earlier this week, ThinkProgress reported on the Koch brothers’ integral role in provoking Walker’s showdown with Wisconsin’s public sector unions. Koch Industries donated $43,000 to Walker’s gubernatorial campaign, and Koch political operatives encouraged the newly elected governor to take on the unions. Since the showdown began twelve days ago, Koch-funded front groups like Americans for Prosperity — which is chaired by David Koch — and the American Legislative Exchange Council have organized counter-protests, prepped GOP lawmakers with anti-labor legislative talking points and even announced an anti-union advertising campaign. Even while local business leaders have called for Walker to end his assault on Wisconsin unions, Koch executives have said that they “will not step back at all” and pointed to the importance of their “grassroots” group, saying, “it is good to have them on the ground, in the battle, trying to help out.”

For now, however, the AFP message doesn’t appear to be resonating: Koch-backed pro-Walker demonstrations have had low attendance and were dwarfed by pro-union supporters in Madison this week.

Kevin Donohue

Politics

Koch Disciple In New Hampshire: ‘Neither Man Nor Cow Is Responsible For Global Warming’

Fueled by the carbon pollution giant Koch Industries, Tea Party Republicans in New Hampshire are attempting to scuttle the state’s involvement in the region’s successful climate program. Robocalls from Koch’s Americans for Prosperity group flooded the state over the weekend in support of a bill that would repeal participation in the Regional Greenhouse Gas Initiative, which has cut greenhouse pollution and created jobs as a result of energy efficiency. On Wednesday, the state’s overwhelmingly Republican House of Representatives voted to support HB 519 by a nearly party-line vote of 246 to 104. The bill is premised on extreme climate denial, such as this explanation from Deputy Majority Leader Shawn Jasper (R-Hudson):

Neither man nor cow is responsible for global warming.

In reality, with greenhouse pollution from fossil fuels and industrial agriculture building up in the atmosphere at an increasing rate, the world is now hotter than it has ever been in recorded history. New England is unambiguously warming. Fueled by the warmer world, catastrophic rainfall is rising, as “exemplified by the ’100-year’ floods that have occurred in southern New Hampshire in 2005, 2006, 2007.”

Gov. John Lynch (D-NH), who has touted the success of RGGI in making the air healthier while increasing economic prosperity, is expected to veto the bill if it wins final passage, but Republicans hold veto-proof majorities in both chambers of the New Hampshire legislature.

On Saturday, the Main Street movement will rally at the New Hampshire state capitol to save the American dream.

Economy

Wisconsin Professors Overwhelmingly Vote To Unionize, Citing Gov. Walker’s ‘Extremist Legislation’

Today, protests against conservative attempts to strip public employees of their collective bargaining rights continued in Wisconsin and other states across the nation, with new Main Street Movement demonstrations against attacks on the working class planned in both New Jersey and Florida. MoveOn.org is planning weekend rallies in all fifty states to “Save the American Dream.”

This movement began as a response to Gov. Scott Walker’s (R-WI) attempt to strip his state’s public employees of their collective bargaining rights, under the guise of a budget crisis. If Walker and the Republican legislature had their way, Wisconsin’s teachers, government employees, sanitation workers, and public university professors would be essentially barred from bargaining collectively. But in a direct rebuke to Walker, the faculty at the University of Wisconsin-La Crosse voted overwhelmingly yesterday to join the American Federation of Teachers:

Faculty at the University of Wisconsin-La Crosse voted 249-37 of a unit of 328 in favor of union representation through AFT-Wisconsin, a statewide labor federation affiliated with the American Federation of Teachers (AFT). The vote comes in the wake of Gov. Scott Walker having introduced a budget repair bill that would slash workers’ rights and remove academic staff and faculty’s right to collectively bargain.

“What we’ve seen at UW-La Crosse today is an extension of what we’ve seen across Wisconsin for the past two weeks,” stated Susan Crutchfield, an associate professor of English. “Like the hundreds of thousands of Wisconsinites who have rallied in Madison, Superior, Fond du Lac, and dozens of other communities across our state, La Crosse faculty stood united today in saying, ‘We deserve a voice in the workplace.’”

Prof. Crutchfield added that Walker’s union-busting legislation was one of the reasons that the faculty moved to approve the new union. “When it became clear that the governor’s extremist legislation had nothing to do with balancing the budget and everything to do with denying workers’ rights, UW-La Crosse faculty realized the urgency in this vote,” she said.

Earlier this week, Gallup released a poll showing that 61 percent of Americans oppose Walker’s plan to bust public employee unions. The Plum Line’s Greg Sargent adds that, when these numbers are broken down, only those in the poll’s highest income category support Walker’s proposal, while “low-to-middle class folks all oppose it.”

Politics

Gingrich Suggests Impeaching Obama And ‘Zero[ing] Out’ The Attorney General Over DOMA (Updated)

The world’s leading expert on frivolous impeachments of the President of the United States is calling on the current crop of GOP lawmakers to repeat the same mistake he made as Speaker:

Former House Speaker Newt Gingrich, who plans within two weeks to announce if he will run for president, said today that if President Obama doesn’t change his mind and order his Justice Department to enforce the Defense of Marriage Act, Republicans in Congress should strike back and even consider impeachment proceedings.

“I believe the House Republicans next week should pass a resolution instructing the president to enforce the law and to obey his own constitutional oath, and they should say if he fails to do so that they will zero out [defund] the office of attorney general and take other steps as necessary until the president agrees to do his job,” said Gingrich. “His job is to enforce the rule of law and for us to start replacing the rule of law with the rule of Obama is a very dangerous precedent.”

Watch it:

It’s difficult to count the problems with Gingrich’s proposal. For starters, Holder’s letter announcing that DOJ will not defend DOMA in court specifically states that DOMA will “continue to be enforced by the Executive Branch.” The only effect of Holder’s announcement is that the Department of Justice will no longer submit legal briefs supporting an unconstitutional injustice in court.

More importantly, if the House does take Gingrich up on his suggestion, it will also need to impeach conservative Chief Justice John Roberts. In 1990, then-acting Solicitor General Roberts refused to defend a federal affirmative action law after he successfully convinced the George H.W. Bush Administration that the law was unconstitutional. He failed to convince the Supreme Court, however, and the law was upheld. By declining to defend DOMA, the Obama Administration is following the exact same approach embraced by Roberts.

Gingrich’s plan to defund Attorney General Holder in retaliation for Holder’s invocation of the Roberts Rule is equally absurd. The Attorney General oversees thousands of federal prosecutors, law enforcement officers and anti-terrorism officials. All of these essential personnel would be handicapped if the Justice Department were suddenly decapitated to serve Gingrich’s petty vendetta.

Moreover, Gingrich’s grandstanding on the defense of marriage is a bit ironic.

Update

Gingrich has immediately backtracked. “Gingrich never raised impeachment nor did he say we were in a constitutional crisis,” a Gingrich spokesman said. Gingrich said Obama should “live up to his constitutional obligations, but impeachment is clearly not an appropriate action,” the spokesman added. “His remarks, as can be seen in the video, were to illustrate the hypocrisy of the media and the left.”

Yglesias

Universal Health Insurance Boosts Entrepreneurship

If we didn’t have a giant tax subsidy for employer-provided health insurance, then the health insurance market wouldn’t work for anyone under the age of 65. But insuring the majority of our working-age population through a giant tax subsidy for employer-provided health insurance is a double-whammy to entrepreneurship. On the one hand, it means that people who don’t work for firms that provide insurance are being taxed to subsidize those who do. And on the other hand, it means that failing to work for such a firm basically shuts you out of the insurance market if you’re at risk of needing health care.

So via Ezra Klein here’s an interesting study from Robert W. Fairliea, Kanika Kapurb and Susan Gates that attempts to measure the extent of this “job lock” by comparing the business ownership rate of males just-before and just-after they become eligible for Medicare:

We use difference-in-difference models to estimate the interaction between having a spouse with employer-based health insurance and potential demand for health care. We find evidence of a larger negative effect of health insurance demand on business creation for those without spousal coverage than for those with spousal coverage. We also take a new approach in the literature to examine the question of whether employer-based health insurance discourages business creation by exploiting the discontinuity created at age 65 through the qualification for Medicare. Using a novel procedure of identifying age in months from matched monthly CPS data, we compare the probability of business ownership among male workers in the months just before turning age 65 and in the months just after turning age 65. We find that business ownership rates increase from just under age 65 to just over age 65, whereas we find no change in business ownership rates from just before to just after for other ages 55–75. We also do not find evidence from the previous literature and additional estimates that other confounding factors such as retirement, partial retirement, social security and pension eligibility are responsible for the increase in business ownership in the month individuals turn 65. Our estimates provide some evidence that “entrepreneurship lock” exists, which raises concerns that the bundling of health insurance and employment may create an inefficient level of business creation.

This kind of study can’t capture the impact of the differential taxation, so it’s underestimating the total scale of the effect.

Politics

After Leading Bush Admin Charge To Kill FOIA, Issa Issues First Subpoena On Obama FOIA

Yesterday, House Oversight Committee Chairman Rep. Darrell Issa (R-CA) issued his first subpoena of the Obama administration with a request that Department of Homeland Security employees “testify about the department’s Freedom of Information Act (FOIA) policies and practices.” The subpoena has already caused a controversy due to Issa’s partisan approach. According to the Washington Post, Rep. Elijah Cummings (D-MD), the ranking member on the committee, penned a letter demanding to know why Issa’s staff deliberately circumvented the Democrats on the committee. Homeland Security staffers had been willing to comply voluntarily, and Cummings charged, “all three subpoenas appear unnecessary at this time and could have been avoided if you had adequately consulted with me and other Members of the Committee.”

In January, Issa made clear that he intends to scrutinize logs of FOIA information, possibly revealing the identities of various journalists and citizens who have issued requests to the government. As the New York Times has noted, Issa’s “extraordinary” demand “worries some civil libertarians” and could have a chilling effect to journalists. While Issa’s spokesmen have brushed aside criticism and claimed that the chairman’s purpose is aimed at improving government responses to the FOIA process, Issa’s personal record on FOIA undercuts his credibility. During the Bush administration, Issa was a loyal partisan who repeatedly tried to crush attempts at expanding FOIA and greater government transparency, even at the DHS, his current subpoena target:

– Issa Tried To Kill A Landmark Expansion Of FOIA Law: In 2007, a bipartisan bill HR 1309 was proposed to expand the FOIA process, including a tracking system for submitters to view the status of their request, new reporting requirements for congressional oversight, and a provision to ensure that requests not processed within twenty days would not require a fee. The Bush administration fought vigorously against the bill and promised to veto it. Issa even sponsored an amendment to the bill to kill off the proposed “open records policy,” claiming Al Qaeda would “harvest” the data. In the end, the bill passed by an overwhelming majority in the House, despite Issa’s “no” vote. Unfortunately, it died in the Senate.

– Issa Co-sponsored The Original Bill To Exempt DHS From FOIA Law: In 2002, Issa co-sponsored the bill to merge several agencies into one new expanded bureaucracy called the Homeland Security Department. Issa’s bill included a provision exempting the agency from some FOIA requests. Repeatedly, Issa voted against amendments to remove this exemption from DHS. For example, he voted against an amendment sponsored by Rep. Jan Schakowsky (D-IL) to remove the FOIA exemption. Issa even supported an amendment that explicitly expanded the FOIA exemption to his DHS bill.

– Issa Helped Karl Rove And Bush Allies Hide Government E-Mails In RNC Accounts: In 2008, the House Oversight Committee investigated the fact that an estimated 5 million e-mails from Bush administration servers vanished from the president’s office. Although it was widely believed that White House adviser Karl Rove had used Republican National Committee e-mail accounts, in violation of the Presidential Records Act, to hide official communications, Issa used his position on the committee to try to squash the inquiry.

While it is laudable to strengthen the FOIA process, Issa’s behavior suggests that he is simply out to create a partisan investigation. For one thing, Issa’s position on the FOIA process appears to radically change depending on which party controls the White House. Furthermore, Issa’s backhanded attempt to sideline Cummings and other Democrats on the Oversight Committee undermines the legitimacy of his subpoena. Asked about Cummings’ letter, Issa’s press secretary Kurt Bardella cynically replied, “Another day, another complaint and more righteous indignation, what else is new?”

In fact, Issa has gone on record indicating that he is more interested in serving his party’s corporate benefactors than leading honest investigations.

Ironically, since Congress exempted itself from FOIA law, Issa has been less than forthcoming about record requests into his own office. At the behest of Citizens for Responsibility and Ethics in Washington, several lobbyists have provided letters regarding a request by Issa to entertain proposals from corporations seeking his help in eliminating regulations. Issa has not voluntarily released all of the other letters he received from lobbyists. Also, Issa has so far ignored a request by a group called the IssaFiles to respond to serious ethical questions raised by a New Yorker article by Ryan Lizza. The ten questions relate to a suspected arson at a factory insured by Issa earlier in his career.

Economy

Gov. Scott Reverses Position: ‘It’d Be Great’ To Bust Public Employee Unions

As protests against conservative attempts to strip public employees of their collective bargaining rights have unfolded in states across the nation, a slew of Republican governors have said they will not pursue similar policy steps to those championed by Gov. Scott Walker (R-WI). “That’s not our path,” said Gov. Rick Snyder (R-MI). “I and my administration fully intend to work with our employees and union partners in a collective fashion.” A spokesman for Gov. Tom Corbett (R-PA) added, “This is Pennsylvania, not Wisconsin. We’ve had Act 195 [the collective bargaining law] since 1970, and I anticipate that we will continue to have it.”

Earlier this week, it seemed that Gov. Rick Scott (R-FL) was also unwilling to challenge collective bargaining rights for his state’s employees. “My belief is as long as people know what they’re doing, collective bargaining is fine,” Scott said in a radio interview. However, during a different interview with Bloomberg Television that is scheduled to air this weekend, Scott took a completely different stance, saying “it’d be great” to get rid of the collective bargaining rights of Florida employees:

He said Florida would be better off if public employees couldn’t form unions and that it’s unfair to taxpayers that state workers don’t contribute to their pensions. While Florida’s constitution grants state workers the right to unionize and bargain for workplace rights, Scott said, “It’d be great to be able to change it.”

“Our state workers don’t pay for anything into their pension plan. And we can’t afford that — it’s not fair to taxpayers,” Scott said. “If you didn’t have collective bargaining, would it be better for the state? Absolutely.”

For one thing, as Tax.com’s David Cay Johnston laid out, the notion that Florida’s employees “don’t pay for anything” when it comes to their pensions is wrong: these employees have agreed to defer some of their compensation, and take it in the form of a pension rather than wages. For another, Gov. Mitch Daniels (R-IN) already stripped public employees of their collective bargaining rights, and even he couldn’t explain how it would help a state get into better fiscal shape. (Daniels also can’t quite pin down where he stands on the protest situation in his own state either.)

Scott already plans to pursue an agenda of corporate tax cuts paired with destructive spending reductions that will hurt low-income Floridians, gut the state’s health care system, and cause the loss of tens of thousands of jobs. And after a momentary fit of reason earlier in the week, he seems to have added union-busting to the list.

Yglesias

Unions and Social Welfare Spending

Barry Pump shows that state level union density is uncorrelated with progressive taxation but reasonably well correlated with social welfare spending:

It would be interesting to know more about this. There’s a difference, after all, between how generous a program is and how expensive it is. One program might hand out money to poor people. Another program might hand out money to poor people if and only if they pass regular drug tests and criminal background checks. The latter will likely be more expensive, since it’s harder to administer, but the former seems more generous by any reasonable standard. Unions have reasons to lobby for generous, efficient programs (like Social Security, which labor is a key backer of) but also have reasons to lobby for making programs labor-intensive and letting service providers capture as large as possible a share of the appropriations. It would be interesting to see evidence on which effect dominates. Maybe a chart with “personnel costs as a share of state expenditures” on the y axis would be illuminating.

It also might be interesting to see this done with fewer states. The chart as it exists seems to me to be largely showing that southern states have both “right to work” laws and low levels of spending, which seems like a clear case of joint causation by the underlying malady of right-wing political culture.

Security

Fox News Analyst Andrew Napolitano Calls Russell Pearce’s Legal Arguments ‘Erroneous’

Earlier this week, I wrote about a new bill — SB-1611 — that was introduced by Arizona state Sen. Russell Pearce (R), sponsor of Arizona’s SB-1070 immigration law. Pearce’s new legislation, which he refers to as “clean-up,” would require parents to provide proof of their childrens’ immigration status when enrolling them in school, require the school to report the families that do not comply to the police, make it illegal for undocumented immigrants to drive a vehicle, and make it a criminal misdemeanor to allow an undocumented person to live in public housing. Pearce, who claims he is fighting an “invasion,” has also stated that “If you’re in the country illegally you don’t have the right to public benefits…It’s called theft.”

It turns out immigrant and civil rights advocates aren’t the only ones claiming that the bill is unconstitutional. Fox News legal analyst, Andrew Napolitano — who is usually counted on to provide a right-wing voice — dismissed Pearce’s efforts entirely:

This is a very very clear cut case, in part because of Senator Pearce’s erroneous statements…that the whole motivation behind this [SB-1611] is his belief that the ought to deny benefits to those who are here illegally. In fact, as you know, the law is the opposite.

Watch it:

For the record, undocumented immigrants do not qualify for most public benefits. However, the purpose of Pearce’s bill isn’t to rearticulate federal law. As Napolitano notes, his bill challenges it.

Undocumented immigrants cannot directly receive federal housing benefits. Yet Pearce’s bill goes a step farther by preventing an entire family living in a public housing unit, even if just one member of the family is undocumented. The provision directly challenges federal authority. The Tucson Housing and Community Development has already announced that it will not comply with SB-1611 if it passes because “federal rules trump state rules.”

Meanwhile, although SB-1611 does not directly deny undocumented children an education, it certainly seeks to create barriers. In Plyler v. Doe, the Supreme Court ruled that such efforts were unconstitutional. Justice William Brennan wrote that the purpose of the Equal Protection Clause is “the abolition of governmental barriers presenting unreasonable obstacles to advancement on the basis of individual merit.” The Court further noted, that “[i]t is difficult to understand precisely what the State hopes to achieve by promoting the creation and perpetuation of a subclass of illiterates within our boundaries, surely adding to the problems and costs of unemployment, welfare, and crime.”

Finally, driving isn’t a public benefit. However, according to the Fifth Amendment, the government can’t deprive anyone of property without due process. SB-1611 would confiscate and resell the vehicle of any undocumented immigrant caught driving.

The Arizona Senate Appropriations Committee approved the bill in a 7-6 vote. Two of the nine Republicans on the panel broke with their party and voted “no” — which some claim signals an “uncertain future for SB 1611 when it goes to the full Senate.”

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