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Yglesias

Isaac Chotiner Gets Jonah Goldberg Wrong

So Ruth Bader Ginsburg recently said this in an interview with Emily Bazelon:

Yes, the ruling about that surprised me. [Harris v. McRae — in 1980 the court upheld the Hyde Amendment, which forbids the use of Medicaid for abortions.] Frankly I had thought that at the time Roe was decided, there was concern about population growth and particularly growth in populations that we don’t want to have too many of. So that Roe was going to be then set up for Medicaid funding for abortion. Which some people felt would risk coercing women into having abortions when they didn’t really want them. But when the court decided McRae, the case came out the other way. And then I realized that my perception of it had been altogether wrong.

Ginsburg is saying that her perception of the situation in 1980 is that there was a lot of concern on the right about Bell Curve-style dysgenics and that, therefore, insofar as folks were willing to tolerate legal abortion at all they would welcome Medicaid-funded abortions for poor people. But she was wrong. Jonah Goldberg decides, however, to read this as Ginsburg making the case for eugenics and then writes an LA Times column denouncing her and wondering if fellow liberal fascist Sonia Sotomayor is also hatching a eugenicist plot.

Now this all comes to me via Isaac Chotiner who remarks:

This leads to a more interesting topic. I had a drink with a conservative writer in Washington a while back who rolled his eyes at the mention of Goldberg’s book. My drinking buddy stated that he and many other conservatives believed ‘Liberal Fascism’ was rather amusing and ridiculous. I was heartened–behind Goldberg’s back, after all, even staunch right-wingers thought his thesis was a joke. But then it occured to me that the joke might be on the rest of us. Goldberg is a rather clever guy, and so I chalk up his decision to write ‘Liberal Fascism’ to purely financial motives. This column is just more evidence for my thesis. Again, Goldberg is not stupid; what are the odds that he happened to (grossly) misread a column in a manner that perfectly fits with the argument of his book? Hell, maybe he will even sell a few more copies today. Throwing away one’s credibility might be short-sighted or sad, but who says it is not profitable?

I think this is dead wrong. Goldberg is stupid.

My understanding from my own off-the-record chats with conservative writers is that Liberal Fascism was published for pecuniary reasons. Goldberg’s editor, in other words, understood that this was the sort of red meat the rubes would eat up. But the gossip I’ve heard has it that he was then taken aback to discover that Goldberg didn’t see the project that way. He’s sufficiently vainglorious, out of touch, and egomaniacal that he really does think of the book as a “very serious, thoughtful, argument that has never been made in such detail or with such care” and genuinely takes offense at the fact that people are grappling with his scholarship.

Recall his indignant huff that his book “isn’t like any Ann Coulter book.” It is! And just like some of Coulter’s work, it’s sold a lot of copies. But he really sees himself as embarked upon a more ambitious project than that of base-whipping provocateur.

Politics

Bill Clinton: ‘I’m basically in support’ of same-sex marriage.

During his presidency, Bill Clinton signed the Defense of Marriage Act, which defined marriage on the federal level as “a legal union between one man and one woman.” When he signed the bill, he issued a statement saying, “I have long opposed governmental recognition of same-gender marriages and this legislation is consistent with that position.” In May, Clinton said that his opinion on same-sex marriage was “evolving.” The Nation reports that at the recent Campus Progress National Conference, Clinton said that he now “basically” supports same-sex marriage:

Apparently, Clinton’s thinking has now further evolved. Asked if he would commit his support for same-sex marriage, Clinton responded, “I’m basically in support.”

This spring, same-sex marriage was legalized in Iowa, Vermont, Connecticut, Maine and New Hampshire. In his most recent remarks on the subject, Clinton said, “I think all these states that do it should do it.” The former president, however, added that he does not believe that same-sex marriage is “a federal question.”

Asked if he personally supported same-sex marriage, Clinton replied, “Yeah.” “I personally support people doing what they want to do,” Clinton said. “I think it’s wrong for someone to stop someone else from doing that [same-sex marriage].”

Yglesias

House Health Bill

The House of Representatives is now prepared to unveil their health reform legislation with markup taking place tomorrow and Thursday. It’s a good bill (more on that later) but it’s worth also giving a tip of the cap in the direction of the House process. The chairs and members of the three relevant committees did a great mitzvah by putting egos aside, forming a unified “tri-committee” bill writing process, largely shutting up about their internal negotiations, and getting down to the job of writing a bill that fits the parameters Americans voted for in November. I appreciate that the Senate has its own idiotic self-imposed supermajority requirement to deal with, but it would be nice to see the same discipline and seriousness of purpose from Senators at the committee stage.

So what’s in the bill?

Well, there’s a fairly strong public plan. It needs to be financially self-supporting and nobody will be forced to accept its reimbursement rates, but it will be open to anyone with access to the Health Insurance Exchange will model its payments on Medicare and they say the default assumption will be that anyone who serves Medicare clients will also take Public Plan clients.

Speaking of which, there’s a Health Insurance Exchange which will be national in scope, though states will be able to opt-out if they can meet some state guidelines. That seems like a reasonable compromise to me. It’s basically designed for employees of very small businesses, but there’s the possibility of larger businesses entering the exchange via mutual agreement between the employer in question and the Commissioner governing the exchange. Clearly how that cashes out will have a lot to do with how the discretionary authority is used.

Minimum benefits are defined in a slightly circular way as equivalent to the prevailing employer-based coverage in the area.

About half the cost is paid for via entitlement savings—$500 billion over ten years will be saved from Medicare and Medicaid. The other half is paid for via a surtax on rich people. The bill prudently calls for the level of the tax to be adjusted depending on whether or not the bill actually costs what it’s projected to cost.

The CBO sees a net cost of $1 trillion to the non-revenue portions of the bill. The intention is to have the revenue portions cover the cost of the non-revenue portions, but we’ll have to wait and see for that part of the analysis to get done.

Health

Grassley Misrepresents His Role In Taking Away Abortion Services From Women Within The Exchange

Last week, several women’s rights groups reported that Republicans on the Senate Finance Committee were pushing legislation that would require insurers operating within the new Exchange to deny coverage for abortion services. But today, during an appearance on MSNBC to discuss the Sotomayor confirmation, Sen. Chuck Grassley (R-IA), the ranking member on the committee, downplayed these reports:

MATTHEWS: Do you believe if abortion is covered in the new national health care bill that the President is trying to win by the end of this year, if abortion is included as one of the services, that that will kill the bill?

GRASSLEY: On that point, what we are trying to do, is to do what the present policy is, within in law, maintain present policy. If we can maintain present policy, and why would anybody want to overturn present policy on that issue, then we ought not have any problems.

Watch it:

Grassley’s answer minimizes his role advocating for the restriction. As J. Lester Feder reports in Newsweek, “Grassley, has been pushing for the inclusion of measures that would prevent reform from leading to ‘taxpayer-subsidized abortion’ ….’At one point during the recent negotiations, there was a [compromise] solution that didn’t work out.’”

The current policy, denies federal Medicaid coverage of abortions except in the cases of rape, incest, or life endangerment. Extending the restrictions that poor women live under to anyone who purchases private coverage within the Exchange is not just a matter of “maintain[ing] present policy.” To the contrary, millions of women who have access to abortion services (through their employer) would suddenly lose it, should they chose to enroll in a new health care plan in the Exchange. As The Guttmacher Institute concluded in 2002, 86.9 percent of “typical” employment-based health plans “routinely cover” surgical abortion and 86.5 percent “routinely cover” medical abortion.

Yglesias

White House Pay Gap

Via Dana Goldstein, Ariel Boone earns a link by doing the work to put this chart together illustrating the earnings gap between men and women in the Obama White House. Total employment is split almost 50-50 between men and women, but the women are disproportionately concentrated in the lowest-level positions:

wh-gender-1

This is pretty much the same pattern you see everywhere, so not incredibly shocking. On the other hand, partisan politics has a distinct gender skew; about half of people are women, but well more than half of Democrats are women and in general women have more progressive views than men. Failing to locate talented women and promote them to positions of office and authority leaves progressives drawing from a relatively small talent pool given that numerically our “side” is preponderantly female.

Justice

Sotomayor Hearing Live-Blog, Day 2

This week, the Wonk Room will live blog Judge Sonia Sotomayor’s confirmation hearings.  As expected, conservatives spent yesterday’s session claiming that Sotomayor is incapable of “impartiality,” especially in matters related to race.  We’re still waiting for them to cite an actual case suggesting that this claim is true, however.  We will be updating this thread throughout the day.

ap090714011856

5:30: CAPAF’s statement on day two is up.  Here is a taste:

Today, at Judge Sonia Sotomayor’s confirmation hearing, Sessions wondered aloud how Sotomayor could have voted differently than another judge of “Puerto Rican ancestry.”

So it is very odd that conservatives would choose Sessions as their point person on the Sotomayor nomination. At best this choice is laughably tone deaf. At worst it shows that Senate conservatives wholeheartedly embrace Sessions’ views on race.

It is crystal clear, however, that Sessions is the architect of the conservative strategy against Sotomayor. In a campaign that echoes Lee Atwater’s infamous Willie Horton ad and Jesse Helms’ “white hands” ad, today’s attacks on Sotomayor have focused almost exclusively on race. Nevermind that conservatives have only uncovered one case in Sotomayor’s record, Ricci v. DeStefano, which supposedly supports their claim that Sotomayor is biased against white men. And nevermind that Sotomayor simply followed a 1984 precedent which is nearly identical to Ricci when she decided that case. Apparently conservatives believe the facts must take a backseat to race-baiting.

5:27: Hearing now in recess until tomorrow @ 9:30.

5:24: Leahy announces that questions will resume in the morning.  After every Senator has gone, the committee will go into a closed session to discuss Sotomayor’s FBI background check and similar information, and your humble blogger will take a much needed break.

5:11: Durbin quotes an unnamed SCOTUS justice who told him that “our system of correction and incarceration . . . has to be the worst” (Senator Webb has made similar statements about the need to fix America’s overincarceration problem).  Also takes aim at the crack/powder disparity, which one federal judge said “makes the war on drugs look like a ‘war on minorities.’ “  As originally enacted, the crack/powder disparity causes 5 grams of crack to be punished exactly the same as 500 grams of powder cocaine.

5:03: Durbin highlights case where Sotomayor upheld the death penalty against a constitutional challenge.  Apparently, even if she does disagree with the death penalty personally, as Graham claims, she also understands how to follow the law.

4:52: Graham hitting Sotomayor on a letter she signed in 1981.  Does he want to ask her about her sixth grade book reports as well?

4:50: Shhhhhh . . . Senator Grassley is sleeping.

4:47: Graham is now playing guilt by association, asking her about briefs written by attorneys at an organization she was on the board of.  Sotomayor responds, “I never read those briefs.”  Her primary duty as a board member was fundraising; she did not supervise their attorneys.

4:41: Graham: America discriminates against the poor white man by not letting him claim that they are better than minorities.

4:33: Graham calls Sotomayor a “bully” on the bench, claiming that lawyers “find you difficult and challenging.”  If Graham doesn’t like judges who bully, he must have voted against CJ Roberts, and he must hate Justice Scalia, right?

4:30: Graham: the existence of the Due Process Clause proves that your speeches are bad.  Huh?  Also claims that the Constitution contains “no written prohibition that you can’t pray in school.”  Of course the Supreme Court has never said that children can’t pray in school.  The Supreme Court has said that the government can’t tell them how to pray, and the “written prohibition” on official government prayer is the First Amendment, which bans laws “respecting an establishment of religion.”

4:27: Graham makes a funny: “Don’t become a speech writer if this law thing doesn’t work out.”

4:19: Dissenting in the judge-for-sale case, Justice Scalia cited the Talmud.  Why does Justice Scalia want us to be ruled by unelected Rabbis?

4:15: Sotomayor rebuffs conservative claims that she thinks that foreign law governs the U.S. Constitution.  No one believes that it does, but that hasn’t stopped Sessions from spreading his made-up claim that Sotomayor wants to turn the U.S. courts over to France.

Read more

Politics

Birther soldier refuses to serve under President Obama.

U.S. Army Maj. Stefan Frederick Cook, who should be getting ready to deploy to Afghanistan, is instead seeking a temporary restraining order under the guise of being a conscientious objector. Cook is a birther who is arguing that President Obama is not a natural born citizen and, therefore, ineligible to be commander-in-chief. Cook’s lawyer is Orly Taitz — dubbed The Queen Bee of Birferstan for challenging the legitimacy of Obama’s presidency in California:

In the 20-page document — filed July 8 with the U.S. District Court for the Middle District of Georgia — the California-based Taitz asks the court to consider granting his client’s request based upon Cook’s belief that Obama is not a natural-born citizen of the United States and is therefore ineligible to serve as commander-in-chief of the U.S. Armed Forces.

Cook further states he “would be acting in violation of international law by engaging in military actions outside the United States under this President’s command. … simultaneously subjecting himself to possible prosecution as a war criminal by the faithful execution of these duties.”

When not filing suit against his commander-in-chief, Cook has also made time to post at the conservative website FreeRepublic.

Yglesias

Obama’s Approval Ratings Argue for Rapid Action on Health Care

Mark Blumenthal has a useful piece up at National Journal separating fact from fiction with regard to Barack Obama’s poll numbers:

approval-1

The bottom line is that Obama remains quite popular, but his popularity is shrinking and as best one can tell the culprit is the bad economy. I think this underscores the fact that if Democratic legislative leaders are serious about reforming health care they’ll want to get as much as possible of the work done before leaving on their August recess. The unemployment rate is almost certain to be higher in four or five months than it is today and that’s very likely to weaken Obama’s ability to be an effective advocate. Conversely, the smart Republican play is to keep trying to convince Max Baucus that they’re one more week of work away from a bipartisan bill and then keep yanking the football away.

If there’s an “Obama plan” on the table in August, a lot of Republican members will be hearing mostly good things about it from their constituents. If it takes until October, they may hear different things.

Economy

GOP Senators Deride Consumer Protection: ‘Yes, We Can Has Become No, You Can’t’

Last month, the House held a hearing on the Obama administration’s proposal to create a Consumer Financial Protection Agency (CFPA). House Republicans, taking their lead from banking industry lobbyists, extensively criticized the proposal, claiming that the new agency would literally decide which mortgages and credit cards individual families could and could not have, thus making us all “yield our freedom.”

Today, the Senate had its turn, and the result was not any better. Led by Sen. Richard Shelby (R-AL) — and wholeheartedly joined by panelists Edward Yingling, President and CEO of the American Bankers Association, and Peter Wallison of the American Enterprise Institute — the GOP derided the agency as “a paternalistic departure from the notions of liberty and personal responsibility.” “In other words, yes, we can has become no, you can’t,” Shelby said. Watch it:

Leaving aside the fact that the agency simply will not mandate appropriate products for individual families, it’s really quite remarkable to watch Republicans go to great lengths to protect the worst predatory and deceptive practices that banks undertook in recent years. They never acknowledge that, yes, there were abuses, including banks pushing minorities who qualified for prime loans into subprime or signing immigrants up for a potpourri of unnecessary and expensive financial products. They make it sound as if as if exotic mortgages occupy a natural niche in the marketplace, and that there are lots of homebuyers who actively want to owe more on their house five years down the road, despite making monthly payments.

As Connecticut Attorney General Richard Blumenthal said, “the new agency is a necessary and appropriate response to exploding complexity, scope and scale of new financial instruments and markets — and exponentially increasing impact on ordinary citizens“:

Ever more slick and sophisticated marketing — often misleading and deceptive — cannot be battled successfully by states alone, or the existing federal agencies…The point is to assure that consumers fully understand the financial realities and consequences of financial obligations, credit cards or loans, they are considering before they make commitments…Once they use that information and make decisions, they will have to live with the consequences.

On a separate note, it’s interesting to watch Shelby’s utter dismay that creating a new agency might signal a new regulatory approach, as if the approach that utterly failed to prevent the subprime boom was somehow worth preserving.

Yglesias

Will Pervasive Social Networking Turn Museums Into Pickup Hot-Spots?

Guggenheim Museum (cc photo by Ernst Moeksis)

Guggenheim Museum (cc photo by Ernst Moeksis)

Michael O’Hare thinks there should be more of a singles scene at museums:

In fact, I wonder that museums haven’t become a favored place for educated young people to meet strangers : you’re assured that anyone there is enough like you to be worth at least some schmoose, it’s safe, and all the stuff in the previous paragraph. As a former museologist, I always watch the visitors as much as the displays and I see surprisingly little of this. I bet the typical single museum visitor in his or her twenties would be more amenable to chatting with a stranger than the strangers seem to fear: try it! If you go alone to a bar and come up empty, you’ve wasted the evening and hurt your liver. If you go alone to a museum and don’t meet anyone, you still meet Vermeer or a real gigantotherium. The principle is analogous to Edith Stokey’s recipe for how to never ever wait in line: carry a book!

I think there are two practical hurdles here. One is that a relatively large proportion of people in your average museum are visiting from out of town. The other is that it’s simply a coordination issue—because this sort of thing isn’t normally done, people looking to meet people aren’t necessarily out at the museum, and advances would be “weird” relative to them being made in another context.

But consider this issue raised by Julian Sanchez:

We’re at most a few years off from broad adoption of augmented reality applications in widely-used smartphones, which will have all of us radiating reams of data to anyone in our physical proximity who actually cares. Your Facebook profile will dog you like one of those floating Sims icons. You won’t just know what the girl sitting across the coffee shop is blasting on her iPod, you’ll be able to listen in. All the tech is actually here already, if not in quite the fancy form it’s implemented at the link above. All it would take is for someone to integrate the location-sensitive functions of an app like Loopt into the apps for Facebook or Last.fm, and you’ve got a point-and-profile system. The real question is whether people actually want to signal that much in the physical context. Some of us are chary of giving every stranger in ping-shot a pretext for striking up a conversation.

Of course the answer to Julian’s worry here would presumably be that you could use some kind of setting to signal implicitly or explicitly that you’re not interested in strangers talking to you. And the same feature could transform the dating scene; people not interested in amorous advances could broadcast this fact to the audiences, while those who are interested could also broadcast that. This, in turn, could change the dynamics at places like museums that aren’t customary places to meet people.

And of course it could have a really transformative impact on infidelity and ways to snoop around and see if your partner is cheating on you.

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