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Politics

Thune To Conservative Activists: ‘We Need You’ To Help Obstruct Sotomayor

On a conference call organized by the right-wing Judicial Confirmation Network, Sen. John Thune (R-SD) told a group of conservative activists that he needed their help to prevent Judge Sotomayor from being confirmed to the Supreme Court in a timely manner. “We need you involved in this process,” Thune told the call’s listeners, because Senate Democrats “are going to jam through this lifetime appointment rather than provide a full and fair review of her record.”

But Thune sang a different tune when President Bush was in office. Judiciary Chair Patrick Leahy (D-VT) modeled Sotomayor’s 72-day confirmation schedule after the exact same 72-day schedule that was used to confirm Chief Justice John Roberts. Back then, Thune thought this schedule was more than adequate for him to make up his mind:

“Today marks the beginning of a historic and revered process. As we pay tribute to the legacy of former Chief Justice Rehnquist, we see many of the qualities that marked his tenure of excellence mirrored in Judge Roberts,” Thune said. “Judge Roberts brings with him a brilliant legal mind and a profound respect for the Constitution and the Court.

I urge Members of the Senate Judiciary Committee to put politics aside and allow a fair and efficient confirmation process to work. I look forward to hearing from Judge Roberts and have full confidence his experience and character will carry him swiftly through these important hearings.”

Perhaps Thune is simply having trouble understanding how Sotomayor’s confirmation schedule compares to Roberts’. To help explain this difficult concept to Sen. Thune, ThinkProgress has prepared this helpful chart:

confirmation-graph

Security

Why Legalizing 12 Million Undocumented Immigrants Would Help U.S. Economy

Yesterday, Lamar Smith published an error-ridden editorial in USA Today in which he made a desperately weak case against providing 12 million undocumented immigrants already living in the U.S. a path to legalization. Smith’s first line of reasoning is that the current economic recession would put Americans in a position in which they’re competing with immigrants for jobs. According to Smith, legalizing immigrants would flood the nation’s Medicare, Medicaid, and Social Security systems and hurt U.S. taxpayers. However, Smith’s logic is mind-bogglingly flawed on a variety of levels.

To begin with, study after study shows that there is little, if any, relationship between immigration and unemployment rates at the regional, state, or county level. Furthermore, the potential economic benefits of a legalization program have been widely documented. Available research suggests that — had the Comprehensive Immigration Reform Act of 2006 passed — it would have generated a much needed $66 billion in new revenue during 2007-2016 from income and payroll taxes, as well as various administrative fees. Giovanni Peri, Associate Professor of Economics at the University of California-Davis, further suggests that immigrants don’t even compete with the majority of natives for the same jobs because they tend to work in different occupations. Smith also sidesteps the argument that by legalizing the undocumented population, the “trap door” that artificially suppresses wages, benefits, and working conditions would be removed so that workers could compete fairly in an above-ground economy.

Smith hysterically claims that a flood of immigrants will flow into the country as soon as “amnesty” is passed and that a harsh policy of “attrition through enforcement” is the best way to deal with the nation’s immigration woes. Yet a study released today by the Paris-based Organization for Economic Cooperation and Development (OECD) shows that the global economic recession is causing an international migration slow-down, echoing the well-documented claim that immigration is primarily driven by economics. Meanwhile, the OECD advises nations like the U.S. to “keep doors open” to immigrant workers in order to meet long-term labor needs. Watch the OECD’s video on the study’s findings:

Smith’s proposed solution of “attrition through enforcement,” a harsh strategy used to “wear down the will” of undocumented immigrants through deportations, detentions, and anti-immigrant ordinances, would cost taxpayers at least $206 billion over five years, or $41.2 billion annually. Finally, Smith cited a 2006 Zogby poll which showed that the majority of Americans prefer harsh enforcement policies that destroy communities, terrorize workers and rip families apart. Three years later, 2009 polling indicates that 68% of voters believe that undocumented immigrants should be required to register, meet conditions, and eventually be allowed to apply for citizenship.

Yglesias

CAP, Wal-Mart, SEIU Join Forces in Support of Employer Mandate

The Center for American Progress, the Service Employees International Union, and Wal-Mart joined forces today to release a letter (PDF) endorsing the dual ideas of an employer mandate to provide health insurance and “triggers” to automatically reduce costs if health care spending gets too high (more on that here). You can find details on policy courtesy of my man Igor Volsky. And as Jeff Young notes, there’s important politics here:

The so-called employer mandate is adamantly opposed by the U.S. Chamber of Commerce, the National Federation of Independent Business and virtually every major business trade association in Washington. But the backing of Wal-Mart, which employs about 2 million people, could give a big boost to President Obama and Congress’s effort to levy such a requirement on companies. [...] The decision by Wal-Mart to break away from the Chamber and its ilk marks the first visible crack in the business coalition on healthcare reform.

The highly ideological behavior of the business community, and high degree of class solidarity exhibited by the executive class, has been a hugely important element of the story of American politics over the past thirty years or so. The willingness of much of the business community to break with Chamber ideology on Waxman-Markey and now on health care is an important sign of change in the air.

Yglesias

Competition, Profit Rates, and Freeness

youtube_logo-1

Having read some excerpts (e.g.) from Chris Anderson’s Free and also Malcolm Gladwell’s takedown review, I think the whole subject could stand to benefit from a little less good writing and a bit more plodding distinction-drawing. There’s a basic valid point underlying what Anderson is talking about. In a competitive market, the price of a good ought to converge toward its marginal cost of production. And in a digital universal, the marginal cost of production is close to zero. In other words, there are fixed costs involved in creating a blog post or a song or a film or a piece of software, but the cost at the margin of distributing the good to a new consumer is almost zero. Anderson adds to this shopworn piece of economic knowledge, the insight from behavioral psychology that while people react similarly to a price of $10.15 and $10.25, human behavior when faced with a price of free is quite different from human behavior when faced with a price of ten cents. Consequently, when market competition starts pushing prices down to nearly zero, someone will realize they can gain a huge competitive advantage by pricing the good at free.

Where Anderson goes off the rails is in his suggestion that this “give it away” business model is actually a promising business model. Gladwell demolishes some of Anderson’s examples, but the problem with Anderson’s argument is completely theoretical. The convergence to marginal cost of production is predicated on the idea that you’re operating in a highly competitive marketplace. But the thing about operating in a highly competitive marketplace is that it’s impossible to make tons of money by doing this. That fact tends to get obscured in popular discussion of business in the United States, because we (or, perhaps I should say, because journalists who want to make money getting corporate speaking gigs) are very invested in a heroic model of capitalism in which wealthy entrepreneurs get rich through their competitive awesomeness. In reality, the reason that competition is good for customers is that it destroys profits. The way you make real money is by getting into situations where you’re insulated from competition. A license to operate a bar in Adams-Morgan is like a license to print money—no new bars are allowed to operate, and restaurants that make too much money off booze are getting shut down. On a grander scale, Microsoft has been able to entrench its position through “network effects” and price key software way above its marginal cost.

As sectors turn to a Free business model, they’re just going to become way less lucrative. That doesn’t mean the sectors will vanish. Nobody makes a fortune running a dry cleaning business, precisely because dry cleaners operate in a highly competitive marketplace. But dry cleaning services are very widespread, and customers benefit greatly from the fact that it’s relatively cheap. But the mere fact that dry cleaning is very successful as a technique doesn’t mean that the dry cleaning business is a good business to be in. Consider the case of YouTube, which Anderson labels a quintessential example of Free. Gladwell points out that YouTube actually loses money—it’s a terrible business. But what’s really noteworthy about YouTube, to me, is that as it exists it’s actually competing with several other, also Free, also money-losing video services. But since Google as a whole can easily afford to cover YouTube’s losses, it’s hard to see the percentage for Google management in shutting down a market-leader, or in destroying its position by trying to charge people to use it. But conceivably YouTube will just operate indefinitely as a money-losing subsidiary of a large profitable firm. And since it’s there losing money but not going out of business, it will probably be impossible for any competitors to ever beat it. And if YouTube does go out of business some new money-losing free video site will become the market leader as long as there’s some investor out there somewhere who believes, wrongly, that he’s smart enough to figure out a way to make money out of this thing. Meanwhile, as the underlying technology gets cheaper the scale of the losses should get smaller, making it ever-more-realistic to run the business at a loss and thus ever-less-likely that the money-losers will be driven out of the market and create the possibility for monopoly rents.

That’s the real lesson of Free. The combination of competition, the near-zero marginal cost of production, and the psychological significance of the zero bound means that the market-leader in video is bound to lose money. To win the market, you need to make your product Free. But while your marginal cost is near-zero, it’s not actually zero, so you’re losing money.

Politics

MN Supreme Court Declares Franken The Winner In U.S. Senate Race — Will Pawlenty Certify Him?

franken Eight months after the 2008 election, the Minnesota Supreme Court has declared Democrat Al Franken the winner of the state’s U.S. Senate election. The unanimous decision clears the way for Franken to be seated:

For all of the foregoing reasons, we affirm the decision of the trial court that Al Franken received the highest number of votes legally cast and is entitled under Minn. 32 Stat. § 204C.40 (2008) to receive the certificate of election as United States Senator from the State of Minnesota.

This weekend on CNN, Gov. Tim Pawlenty (R) said that he would be ready to “sign” the certificate officially declaring Franken the winner as soon as the supreme court gave the “green light“:

CNN: Your state supreme court has a ruling before it, it could come very soon. After that ruling, the next step would be for you to certify the election. Will you certify the election based on your state’s supreme court ruling, is that for you?

PAWLENTY: I’m going to follow the direction of the court, John. We expect that ruling any day now. I also expect them to give guidance and direction as to the certificate of election. I’m prepared to sign it as soon as they give the green light.

Today’s decision doesn’t contain any language specifically instructing Pawlenty to sign the certificate of election — which isn’t surprising, since the governor wasn’t a party to the litigation.

Coleman still has the option to “seek a review from the U.S. Supreme Court or file a whole new case in U.S. District Court.” If he does so and the court says to “put a limit on or stop the effect of the state court ruling,” Pawlenty said that he will abide by that decision. However, he said that “if that doesn’t happen promptly or drags out for any period of time, then we need to move ahead with signing this, particularly if I’m ordered to do that by the state court.”

TPM’s Eric Kleefeld has also raised the possibility that the Senate GOP could “attempt to filibuster” Franken’s acceptance, even if Pawlenty signs the certificate. NRSC Chairman John Cornyn (R-TX) has said that he’s willing to wage “World War III” if Democrats try to seat Franken before Coleman carries his case out through federal court — even though it could take “years” to resolve.

Franken will be the 60th Democrat in the U.S. Senate, giving the party enough votes to overcome Republican filibusters.

Update

Senate Majority Leader Harry Reid (D-NV) released a statement saying, “The Senate looks forward to welcoming Senator-elect Franken as soon as possible. … I once again encourage Governor Pawlenty to respect the votes of his constituents and the decisions of his state’s highest court. He should put politics aside, follow his state’s laws and finally sign the certificate that will bring this episode to an end.”


Update

,Coleman has conceded the race to Franken.


[upd

Security

Iraq’s ‘National Sovereignty Day’

iraq-withdrawal-clebrationThe celebrations taking place in Iraq today marking the withdrawal of U.S. troops from Iraq’s cities and towns provide a pretty explicit picture of how Iraqis have viewed the large U.S. military presence in their country — unfavorably. This is understandable. There’s something inescapably and unalterably repellent about having foreign troops patrolling your country, something that has been too little acknowledged in the American debate about Iraq, but which I suspect we would have no problem understanding were we confronted by machine gun-toting foreigners every time we went down the street for a loaf of bread.

Suggesting that today’s withdrawal “is far more important symbolically than practically,” Marc Lynch notes that “the Obama administration and General Odierno’s team deserve a lot of credit for their careful, rigorous, and publicly affirmed adherence to the agreement.” I think this is right — it’s done an enormous amount for the legitimacy of the Iraqi government that the Obama administration has refused to hedge on the terms of the agreement.

Meanwhile, Michael Rubin relays, in somewhat subtler and therefore more insidious form, the conservative “stab in the back” narrative that Dick Cheney floated yesterday. Rubin warns that today “will likely mark another milestone: the end of the surge and the relative peace it brought to Iraq.”

In the past week, bombings in Baghdad, Mosul and near Kirkuk have killed almost 200 people. The worst is yet to come. [...]

In effect, his strategy is an anti-surge. Troop numbers are not the issue. It is the projection of weakness. Not only Prime Minister Nouri al-Maliki but Iraqi President Jalal Talabani and Kurdish leader Massoud Barzani have also reached out to the Islamic Republic in recent weeks.

In Cairo, Mr. Obama said the U.S. had no permanent designs on Iraq and declared, “We will support a secure and united Iraq as a partner, and never as a patron.” Indeed. But until the Iraqi government is strong enough to monopolize independently the use of force, a vacuum will exist and the most violent factions will fill it.

Power and prestige matter. Withdrawal from Iraq’s cities is good politics in Washington, but when premature and done under fire it may very well condemn Iraqis to repeat their past.

As I wrote here yesterday, the war’s supporters hailed the signing of the security agreement as a victory for Bush’s Iraq policy — even if it was essentially an adoption of candidate Obama’s plan. But now we’re apparently to believe that President Obama’s honoring the terms of that agreement is a “projection of weakness” that could endanger the United States.

Rubin also introduces a new element to this argument by implying that Obama’s “weakness” has caused members of Iraq’s government to reach out to neighboring Iran. As Rubin surely knows, and as my colleague Brian Katulis and I wrote about in April 2008, Prime Minister Nouri al-Maliki President Jalal Talabani and Massoud Barzani, among other Iraqi leaders, have longstanding ties to the Iranian regime — indeed, Talabani was among the very first leaders to congratulate Iranian president Mahmoud Ahmadinejad on his controversial re-election victory. The suggestion that these leaders are only now drawing closer to Iran as a result of the U.S. drawdown is both patently ridiculous and misleading.

While Rubin is of course correct that “power and prestige matter,” it’s typical of the conservative mindset to think that the best way to maintain power and prestige is through the continued, open-ended projection of military force, rather than through the cultivation and support of legitimate domestic governance. President Obama’s honoring of the security agreement is an important step in doing that for Iraq.

Climate Progress

Breaking: Court rules Al Franken good enough, smart enough and doggone it 312 more people from Minnesota liked him than Norm Coleman

Turns out justice delayed is not always justice denied

The uphill battle to beat the inevitable conservative filibuster attempt against climate action just got one vote easier.  Think Progress reports:

Eight months after the 2008 election, the Minnesota Supreme Court has declared Democrat Al Franken the winner of the state’s U.S. Senate election. The unanimous decision clears the way for Franken to be seated:

“For all of the foregoing reasons, we affirm the decision of the trial court that Al Franken received the highest number of votes legally cast and is entitled under Minn. 32 Stat. § 204C.40 (2008) to receive the certificate of election as United States Senator from the State of Minnesota.”

This weekend on CNN, Gov. Tim Pawlenty (R) said that he would be ready to “sign” the certificate officially declaring Franken the winner as soon as the supreme court gave the “green light“:

Read more

Yglesias

Senators Mobilize to Protect Insurance Industry from Competition

Olympia Snowe (R-ME) and Mary Landrieu (D-LA)

Olympia Snowe (R-ME) and Mary Landrieu (D-LA)

Olympia Snowe is open to a compromise on a public option, but she wants a “trigger” mechanism in order to protect private health insurance firms from the threat of “unfairly” needing to compete with cheaper alternatives:

In an Associated Press interview in Portland, Snowe said it would be unfair to include a government-run health insurance option that would take effect immediately.

“If you establish a public option at the forefront that goes head-to-head and competes with the private health insurance market … the public option will have significant price advantages,” she said.

A significant price advantage is, of course, a good thing if you’re interested in delivering quality affordable coverage to everyone. Cheaper is a good thing. But not to Senator Snowe. As Chris Bowers says “It is pretty amazing that many moderates and industry figures are actually arguing that the problem with including a public option in health care reform legislation is that a public option would lower the cost of health insurance.” Unfortunately, it’s not just a handful of moderates. The more liberal of the two Senate committees working on health reform has come up with a weak public option that would do some good but ultimately lack significant cost advantages over private insurance.

It’s worth noting that in Maine (see PDF) 78 percent of the insurance market is controlled by a single firm, WellPoint.

Yglesias

Franken Wins

Minnesota Supreme Court rules for Al Franken.

Media

Déjà Vu: Fox News Rallies Viewers To Participate In Radical Anti-Obama Tea Party Protests On July 4

This morning on Fox News, Glenn Beck joined the Fox and Friends hosts to promote new anti-Obama, anti-tax tea party protests on July 4. Steve Doocy introduced the segment, “This weekend, of course the 4th of July, Americans are gearing up for a second round of tea parties to protest massive government spending.”

Reprising their role in orchestrating the first tea parties, the lobbyist-run groups Americans for Prosperity and FreedomWorks are again helping to organize the July 4 protests. FreedomWorks is working alongside other right-wing groups on a new website to publicize the events, and Americans for Prosperity is hosting several rallies on the 4th, including one with Sen. John Cornyn (R-TX).

But while these lobbyist-run groups played a pivotal role in financing the logistics and coordination of the tea parties, Fox News was certainly the megaphone for the movement. Just as Fox News became a full-fledged sponsor of the April protests, running back-to-back segments and broadcasting live from protests across the country, the network is attempting to motivate another round of radical, anti-Obama protests on July 4th. In recent weeks and this morning, Fox News has run several segments, including one featuring disgraced Gov. Mark Sanford (R-SC), to promote tea parties. Watch it:

Already, Fox News contributor and former News Corp. lobbyist Angela McGlowan is scheduled to appear at the Memphis tea party later this week.

Last year, in the final year of Bush’s presidency, Beck penned an op-ed about how Americans should celebrate July 4 by talking not about “our problems,” but by celebrating “what’s right about America.” Beck also downplayed the “much maligned economy” under Bush, and told readers that the media should use Independence Day to take a break from reporting on “crooked politicians” or “high gas prices.”

Though he demanded that the media depoliticize July 4 last year, Beck and his colleagues at Fox News now seem preoccupied with rallying radical opposition to President Obama.

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