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Yglesias

Sotomayor Risk is Primarily on the Downside

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Shailagh Murray and Michael D. Shear write that “An all-out assault on Sotomayor by Republicans could alienate both Latino and women voters, deepening the GOP’s problems after consecutive electoral setbacks.” But on the other hand, “sidestepping a court battle could be deflating to the party’s base and hurt efforts to rally conservatives going forward.” It seems to me that it should be easy enough to get the conservative base riled up about something else in the near future. I recall that as recently as last week, the conservative base was furious that Barack Obama and Nancy Pelosi didn’t want to torture people.

In terms of Latino voters, meanwhile, the problem facing Sotomayor’s critics is that she’s almost certainly going to be confirmed. And, once confirmed, she’ll be the first Latina justice on the Supreme Court. Soon after that, there’s going to be an inspirational Sonia Sotomayor biography for kids. Probably two, since one will be in Spanish. Responsible parents and teachers of poor Latina students are going to want to point to her life as an example of how if you work hard and stay in school, you can succeed in America despite many disadvantages. Indeed, look at this editorial in today’s edition of El Diaro (English translation here):

Tras la muerte de su marido, Celina Sotomayor veló por sus dos hijos. Les dio techo y proveyó el pan de cada día. Los guió en medio de las vicisitudes y tentaciones de la adolescencia en EE.UU. Como tantas mujeres latinas, es la roca de la familia.

La hija de Celina, Sonia, tuvo que seguir probándose en instituciones dominadas por hombres – en la Universidad de Princeton, en la Facultad de Leyes de Yale, en la Fiscalía de Manhattan, en tribunal de Nueva York. Cada paso requirió gran trabajo y una seguridad inquebrantable.

Para la madre y la hija, hubo pocas latinas que pudieron servir como modelos a seguir y guiarlas. Hoy, gracias a sus luchas y su arduo trabajo, podemos decirle a nuestras hijas: estudien y podrán llegar tan alto y tan lejos como la juez Sonia Sotomayor.

They’re saying that when Sotomayor was growing up under difficult circumstances, there weren’t a lot of examples she could look up to. But today, thanks to the hard work of Sotomayor and her mother, we can say to our daughters that if they study that can go as far as Sonia Sotomayor. Senators who don’t fight and scrape against Sotomayor’s confirmation will take some crap from their base. But Senators who do fight and scrape to derail her nomination are going to become the villains in a story that a lot of kids are going to hear from their parents and teachers.

Health

Anti-Trust Law May Not Prevent Health Industry From Reducing Health Care Costs

antitrust2Several weeks ago, the health care industry visited the White House and pledged to “work together” with President Obama and Congress “to provide quality, affordable coverage and access for every American” and lower health care spending by $2 trillion. But New York Times’ Robert Pear is reporting that the nation’s anti antitrust laws may prevent the health care industry from voluntarily reducing costs:

Anti-trust lawyers say doctors, hospitals, insurance companies and drug makers will be running huge legal risks if they get together and agree on a strategy to hold down prices and reduce the growth of health spending. Robert F. Leibenluft, a former official at the Federal Trade Commission, said, “Any agreement among competitors with regard to prices or price increases — even if they set a maximum — would raise legal concerns.’”

Some anti-trust lawyers argue that this interpretation may be relying on antiquated view of anti-trust law. In fact, they suggest that the industry’s ‘voluntary effort’ to reduce health care spending is predicated on an interpretation that prohibits “any agreement among competitors.” In other words, while the pledge casts the industry in the glowing light of cooperating with a popular President, anti-trust law serves a cover, legally protecting the industry from having to implement their pledge.

In an interview with The Wonk Room, David Balto, a Senior Fellow at the Center for American Progress explained, “The antitrust laws permit a broad range of collaboration to cut costs and bring lower prices to consumers. Firms have been able to adopt standards and share information that have led to improved cost control. These companies would like to pretend that they want to collaborate to reduce costs, but antitrust is the obstacle. They are simply wrong.”

What’s more alarming is the growing concentration of today’s health insurance markets. “There have been over 400 health care mergers in the last 10 years”; 1 in 6 metropolitan areas is dominated by a single health insurer that controls at least 70% of consumers. As Balto recently pointed out, “In the seven years of the Bush administration, all non-merger enforcement actions have involved health care providers, with no enforcement involving health insurers,” Balto said. This approach has contributed to greater insurer concentration, “more anticonsumer insurance provisions, greater payment delays, less coverage and poorer service.”

Politics

Rep. Culberson Offers Incoherent And Illogical Stance On Gay Marriage

Last night, C-SPAN aired the lasted segment of Students & Leaders series, with Rep. John Culberson (R-TX). Addressing a group of D.C. students, he repeatedly emphasized the need for less government interference in Americans’ lives. “I’m very focused on eliminating — shutting down as much of the federal government’s functions as I can,” Culberson said, while espousing state and local control.

However, when a student asked Culberson about state control over gay marriage, Culberson rapidly descended into incoherence. He began by declaring, “It’s up to the states.” But by the end of his rambling answer, he tried to explain why the federal government “cannot permit” a state like Vermont to make its own rules. All this while repeating that people’s “privacy is fundamental”:

CULBERSON: Well under the 10th amendment, the states have a first responsibility for providing for public safety, public health, public morality. All issues that just affect the people within that state. It’s up to the states. And you either follow the constitution or you don’t. [...]

Federal law cannot permit — if one state, Vermont, wants to do that, you can’t let that cross state lines. You’ve got to let — frankly, a lot of these issues have got to be left up to the states. But the federal government cannot permit for example — The federal government has a legitimate role in interstate commerce. And that’s where the federal government comes in. I think the federal government can’t recognize — shouldn’t recognize it, it’s just a bad idea. And uh — But fundamentally, the right of privacy’s fundamental. I’m not interested — what people do at home’s their own business.

Culberson’s response reminded ThinkProgress of a famous scene from the movie Billy Madison in which a debate judge tells Adam Sandler’s character, “Everyone in this room is now dumber for having listened to” your “rambling, incoherent response.” Watch our compilation:

At one point in his answer, Culberson tried to frame the question as one of equal protection under the Fourteenth Amendment:

If you provide federal civil rights to an individual based on one particular type of private sexual behavior, under the Equal Protection clause, I’m obligated to provide civil rights protection to any other type of private sexual behavior. Think about that.

Of course, the government already provides civil rights to one particular type of sexual behavior — heterosexual behavior. By Culberson’s own argument, therefore, the government is “obligated” to protect homosexual “behavior” as well.

It’s no wonder that Culberson has earned a a zero percent rating from the Human Rights Campaign every year he’s been in office.

Transcript: Read more

Yglesias

Life is Good With Neighborhood Retail

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Much of the political structure in Washington DC seems to be in the grips of a perverse terror that someone, somewhere, might try to open a business near to where potential customers live. Meanwhile, people spend a lot of time wishing there were more things to do and places to shop. Excellent local blogger 14th and You observes:

Imagine strolling through the leafy streets of Georgetown, Shaw, Capitol Hill or other DC neighborhoods. Rather than having commercial corridors expressly laid out along only a handful of specific streets and blocks, picture those shops, restaurants and other businesses interspersed within residential areas. Impossible to imagine in DC? Most likely, but it’s something that you encounter frequently within even the toniest areas of London. In the middle of Chelsea, which contains some of the most expensive real estate in the world, you’ll find commercial strips lined with pubs, restaurants, supermarkets, bookstores, homewares and more. It’s not considered scandalous to locate a pub at the corner of an otherwise residential street. It creates a far more vibrant neighborhood, and not to the detriment of the people living there.

In DC, zoning laws make that idea prohibitive, and what the zoning laws don’t cover ANC and neighborhood groups do in their zealousness to protect residents from interspersing residences with commercial activity. This isn’t a call for unfettered development everywhere in the District mind you, but rather a call for a more sensible adoption of DC zoning laws–as well as local neighborhood opinion–that would ease the nearly complete prohibition of commercial development in otherwise residential sectors. This type of zoning leads to vast swaths of blighted commercial corridors (found in certain central DC neighborhoods) and contributes towards more residential neighborhoods being underserved by commercial activity. Finally, such development also encourages cohesiveness and a greater sense of community within neighborhoods, where the corner cafe or market down the street becomes an additional focal point to residents of the neighborhood.

I really and truly wish libertarians would spend more time working on this kind of issue. And I also wish that ordinary people would think harder about these kind of regulations. I’m a big government liberal. I believe business regulations are often needed. But still, there ought to be a presumption that people can do what they want. When “do what they want” turns out to be “emit tons of air pollution that’s devastating the planet” then in comes the regulation. Or when it turns out to be “make highly leveraged bets that, if they lose, require a government bailout” then you turn to the regulators. But “one guy who lives on the block would prefer to see the restaurant located somewhere else” is not a particularly compelling rationale. In a crowded city, it’s not possible for everything to be exactly how everyone wants it to be, so the current dynamic in a place like DC winds up just favoring stasis and nothing ever changing.

Security

Keep Your Friends Close, And Dennis Ross Closer

dennis_ross2Haaretz’s reports that Dennis Ross, Secretary of State Clinton’s special adviser on Iran, has written a new book in which he and co-author David Makovsky challenge a key component of the policy which Ross is ostensibly now working to implement:

Contrary to the position of the president and other advisers, Ross writes that efforts to advance dialogue with Iran should not be connected to the renewal of talks between Israel and the Palestinians. [...]

In the second chapter, entitled “Linkage: The Mother of All Myths,” Ross writes: “Of all the policy myths that have kept us from making real progress in the Middle East, one stands out for its impact and longevity: the idea that if only the Palestinian conflict were solved, all other Middle East conflicts would melt away. This is the argument of ‘linkage.’”

I think it would be great if we lived in a world where people regarded as authorities on the Middle East could make arguments about the region without having to erect towering, tottering strawmen, but unfortunately we don’t. There is, of course, no one who has ever claimed that “if only the Palestinian conflict were solved, all other Middle East conflicts would melt away.” What has been claimed, and what is acknowledged by a pretty overwhelming consensus of Middle East scholars and analysts, is that the Israel-Palestinian conflict is a source of anger and tension across the region, a radicalizing driver of violence, and a convenient propaganda tool for any demagogue with access to a mic.

The idea of linkage was put forward by the bipartisan Iraq Study Group, whose 2006 report stated that “all key issues in the Middle East — the Arab-Israeli conflict, Iraq, Iran, the need for political and economic reforms, and extremism and terrorism — are inextricably linkedThe United States will not be able to achieve its goals in the Middle East unless the United States deals directly with the Arab-Israeli conflict.”

It’s quite true that hostility toward Israel in the Middle East will not simply dissipate upon the end of Israel’s occupation and the creation of a Palestinian state. Nor will anti-Americanism disappear even if the U.S. is seen as having played a major role in producing such an outcome. There are problems in the Middle East that have nothing to do with Israelis or Palestinians. Securing a peaceful resolution to the Israeli-Palestinian conflict will, however, make addressing those problems easier, by sealing up one well of resentment from which authoritarian rulers and violent extremists have for decades drawn freely and profitably. This is the actual argument of “linkage”.

Which brings us to the main point: If Dennis Ross doesn’t subscribe to that argument, why has he agreed to serve a president who does? And why employ someone who has placed himself so far out on the margins of this debate?

I suppose there’s a good case to be made for having an influential like Ross inside the tent, questioning assumptions, rather than outside, writing op-eds attacking them. Interestingly, an Iran analyst I spoke to recently made the somewhat counter-intuitive point that Obama’s bringing Ross on showed Iranians that Obama is serious about changing the relationship — assuming that Ross has been brought on to reassure the Israel-hawk community. But I think there’s still a real question as to what mischief Ross might get up to, given that he apparently doesn’t think that one of the administration’s key arguments for resolving the Israeli-Palestinian conflict is even worth treating honestly.

Politics

Gingrich Calls On Sotomayor To Withdraw Because She’s A ‘Latina Woman Racist’

Former Speaker of the House Newt Gingrich posted on his Twitter feed today a call for Judge Sonia Sotomayor to withdraw her nomination because she is a “Latina woman racist.” As evidence of her supposed racism, Gingrich posted an out-of-context quote from a lecture that Sotomayor gave in 2001 on diversity. Gingrich wrote, “new racism is no better than old racism” and added:

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As Greg Sargent notes, Gingrich’s demand that Sotomayor withdraw was later retweeted — which is “generally taken as a sign of agreement” — by the RNC’s new media director, Todd Herman. When asked about Gingrich’s comment during today’s White House press conference, Press Secretary Robert Gibbs responded by noting that “the blog of a former lawmaker” is hardly the best source of objective information on Sotomayor:

GIBBS: I think it is probably important for any involved in this debate to be exceedingly careful with the way in which they’ve decided to describe different aspects of the impending confirmation. I think we’re satisfied that when the people of America and the people of the Senate get a chance to look at more than just the blog of a former lawmaker that they’ll come to the same conclusion that the President did.

Watch it:

Noting Gingrich’s offensive Twitter post, ABC’s Jake Tapper asked, “Will [the] ousted Speaker impact [his] former colleagues on Hill?” So far, it looks like Gingrich may not have to. Indeed, Sen. James Inhofe (R-OK) said yesterday that he is worried that Sotomayor might allow “undue influence from her own personal race, gender, or political preferences” affect her rulings, while Rep. Lamar Smith (R-TX) said similarly that he believes that Sotomayor has shown “personal bias based on ethnicity and gender.”

Yglesias

Racism vs Reverse Racism

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Rush Limbaugh thinks Sonia Sotomayor is a “hack” and worse, “Here you have a racist — you might want to soften that, and you might want to say a reverse racist.”

This seems very confused. Being a “reverse racist” can’t be similar to being a “racist,” it needs to be the reverse of being a racist. Limbaugh clearly just thinks Sotomayor is a racist. She hates white people. For a Latina to hate white people isn’t “reverse” racism, it’s racism. Reverse racism would be if you had a white person who hates white people. It would be like racism, where you hate people of other races, but in reverse.

At any rate, I’ve made this point a million times, but it’s fascinating to me the kind of double standard conservatives apply to these issues. You never hear Rush Limbaugh decrying everyday racism against non-whites in the United States. You never hear him recounting an anecdote about an African-American man having trouble hailing a cab or being followed by a shopkeeper. He doesn’t do stories about how people with stereotypically “black” names suffer job discrimination. He doesn’t bemoan the fact that the United States has an aircraft carrier named after a fanatical segregationist. Which is fine. Everyone’s interested in some things and not in others. Rush isn’t interested in racism. Except that like most conservatives, he’s actually very interested in allegations of racial discrimination against white people. He sees the defense of white interests as integral to his political mission. And he hates identity politics.

Politics

Krikorian: People should stop pronouncing Sotomayor’s name correctly.

Mark Krikorian, Center for Immigration Studies Mark Krikorian of the right-wing Center for Immigration Studies blogs on the Corner today about his outrage over people “[d]eferring” to Sotomayor over the “unnatural pronunciation” of her own name:

Deferring to people’s own pronunciation of their names should obviously be our first inclination, but there ought to be limits. Putting the emphasis on the final syllable of Sotomayor is unnatural in English (which is why the president stopped doing it after the first time at his press conference), unlike my correspondent’s simple preference for a monophthong over a diphthong, and insisting on an unnatural pronunciation is something we shouldn’t be giving in to. [...]

[O]ne of the areas where conformity is appropriate is how your new countrymen say your name, since that’s not something the rest of us can just ignore, unlike what church you go to or what you eat for lunch. And there are basically two options — the newcomer adapts to us, or we adapt to him. And multiculturalism means there’s a lot more of the latter going on than there should be.

What’s next? Should people with “unnatural” names “adopt a name just for identification purposes that’s easier for Americans to deal with“?

Yglesias

Anti-Immigration Zealot Tom Tancredo Takes to the Airwaves to Bash Sotomayor

It seems to me that if conservatives want to avoid a Hispanic backlash against their attacks on Sonia Sotomayor they might want to come up with a better spokesman than anti-immigrant zealot Rep. Tom Tancredo (R-CO):

Indeed, Tancredo might want to ask himself why he was invited on The Ed Show in the first place? Was it because Ed has the best interests of the conservative movement at heart, and was looking to promote the most credible possible conservative voice? Or was it that Tancredo was invited specifically because he’s such a bad spokesman?

Ali Frick takes us back:

Remember, Tancredo is the lawmaker who called Miami a “third world country” because of the number of Latinos there, criticized presidential candidates for “pandering” by participating in a Spanish-language debate, and accused immigrants of “pushing drugs, raping kids, and destroying lives.” He said the issue of immigration is “whether we will survive.

Of course Puerto Ricans aren’t immigrants, but they have many of the same Spanish-speaking, nation-destroying qualities as immigrants from Latin America.

Politics

Sessions Goes Off-Message, Admits That Supreme Court Justices Write The Constitution

One of conservatives’ biggest problems with Supreme Court nominee Sonia Sotomayor is over a remark she made in 2005, stating that the Court of Appeals “is where policy is made.” The right-wing Judicial Confirmation Network has called her “a liberal judicial activist of the first order” who “thinks that judges should dictate policy.” Sen. Orrin Hatch (R-UT) called her 2005 comment a “problem.” Similarly, this morning, Sen. Jeff Sessions (R-AL) went on NBC’s Today Show and said it was “troubling”:

LAUER: Sen. Sessions, I go back to something you said: “We must determine if Ms. Sotomayor understands that the proper role of a judge is to act as a neutral umpire of the law.” I assume you’re specifically referring to what she said in 2005 on tape at Duke University, where she said, “The Court of Appeals is where policy is made.” Not laws are interpreted. Policies made. Is that a disqualifier, in your opinion?

SESSIONS: Well, we need to inquire into that and give her a fair opportunity to explain it. But on its face, that’s very troubling. A judge must submit themselves to the law and be faithful to the law and to serve under the law. They are not above the law.

Yesterday, however, Sessions appeared on MSNBC and undercut this talking point, admitting that the Supreme Court “sets the law for America.” He went even further on Fox News last night, telling Greta Van Susteren that Supreme Court justices basically write the Constitution:

VAN SUSTEREN: In terms of the qualifications or what the Judiciary Committee looks for in sending someone to the floor, is it different what you look for for the United States Supreme Court as opposed to the United States Court of Appeals?

SESSIONS: I think a little bit. I’m not sure I could articulate the difference. There’s certainly a difference in the district court and the Supreme Court. But I do think there’s a greater power on a Supreme Court Justice to declare the Constitution says this or the Constitution says that. And it’s almost the same — it, indeed, virtually is the same — as writing the Constitution itself.

Watch it:

While he may not want to undermine his conservative colleagues — and himself — Sessions is onto something. Jeffrey Segal, a professor of law at Stony Brook University, told the Huffington Post that when courts clarify laws made by Congress, they are making policy. Eric Freedman, a law professor at Hofstra University, said that Sotomayor “was saying something which is the absolute judicial equivalent of saying the sun rises each morning. … It is thoroughly uncontroversial to anyone other than a determined demagogue.”

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