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Yglesias

Our Enemy, The Senate

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Over at his new blog, ex-TPer Ryan Powers has an excellent post reviewing the opening sections of Master of the Senate which recount the United States Senate’s extraordinary history of standing in the way of justice and progress. He quotes Caro:

If, for eighty-seven years, every attempt to enact federal voting rights legislation had been blocked in Congress, most of the more significant of these bills had been blocked in the Senate, for it was in the Senate that the power of what had come to be called the “Southern Bloc”…was the strongest. … Hundreds of pieces of legislation had been proposed–bills to give black Americans equality in education, in employment, in housing, in transportation, in public accommodations, as well as to protect them against being beaten, burned, and mutilated. … Exactly one of these bills had passed–in 1875–and that lone statute had later been declared unconstitutional.

And as Ryan says, this is the appropriate context in which to consider the Senate’s role in health reform:

But all of this is a long way remarking on the fact that the structure of the Senate – with its self-imposed requirement to have 60 votes to move on virtually anything – seems to be giving Senate Republicans and moderate Democrats just enough rope to hang themselves with. Indeed, Senate Republicans and a handful of moderate Democrats seem exceptionally committed to ensuring that history remembers them as it remembers the Southern Bloc of the late 19th and early 20th centuries: as principled defenders of the injustice of the status quo. Today, as the Senate Health Committee reported out what is perhaps the most progressive health care reform plan, the Senate Republicans rushed to hold a press conference denouncing the plan. Senate Minority Leader Mitch McConnell issued a statement, saying, “Americans want us to take the time necessary to make health care less expensive and more accessible, while preserving what they like about our system.” For McConnell, 75 years isn’t quite long enough.

And it’s important to be real about this. Even if Barack Obama manages to sign a universal health care bill, that bill will be a much worse piece of legislation than the legislation he could have signed if the Senate operated on a majority rules principle. That bill, in turn, would be somewhat worse than the bill Obama could have signed if the Senate Democratic caucus could at least bring itself to set greed and egomania aside and agree to vote for cloture no matter what. And that bill, in turn, would be substantially worse than the bill Obama could sign were there no U.S. Senate at all. And the reason—the only reason—that the Senate exists at all is that it was deemed a pragmatically necessary political compromise over 200 years ago.

The dead hand of that compromise has been responsible for enormous human ills over the interim period and will continue to be responsible for such ills even under optimistic scenarios. Consider energy legislation. People will die—a lot of people—as a result of this compromise. And nobody wants to talk about it!

Ryan says Senators who are blocking reform will be blackening their name. And I hope so. But one of the secondary or tertiary problems with the Senate is that there’s a general social and cultural refusal to plainly acknowledge its deeply problematic role. Senators are treated by the press as akin to ennobled dukes and counts rather than petty tyrants. And when progressive members of the House of Representatives manage to acquire Senate seats, the tendency is for them to immediately fall in love with their dysfunctional branch’s perks rather than to arrive on the scene with a determination to reform the system in the interests of justice.

Climate Progress

The dangerous myth that the EPA’s endangerment finding can somehow stop dangerous warming if the climate bill dies

Over and over again, in e-mails and comments and blog posts, I hear some enviros saying that it doesn’t matter if Waxman-Markey fails, since EPA can use the endangerment finding to regulate CO2 as well or better.  That dangerously mistaken view would appear to be creating a dangerous apathy among many progressives and environmentalists, as I’ll discuss shortly.

Certainly, the finding was a major environmental achievement by this administration (see “EPA finds carbon pollution a serious danger to Americans’ health and welfare requiring regulation“).  But it can’t take the place of Congressional action for three key reasons:

  1. It would be difficult for the EPA to enact a CO2 cap and trade without congressional cooperation,” as John Podesta, former Clinton Administration Chief of Staff and now CEO of CAP, recently said.  The endangerment finding is far better suited to addressing new sources that it is existing sources.
  2. A subsequent president could trivially stop or endlessly delay whatever actions Obama was able to start with the EPA.
  3. If Congress rejects the binding targets of W-M, then we have no basis for negotiating with other countries as part of the UN Framework Convention on Climate Change process.  Indeed, we would have no basis for a deal with China.  A promise by Obama that he would try to use the limited authority EPA has to commit to a modest cut in CO2 by 2020 — and deep cuts in 2030 and 2050 — would be seen as meaningless.

Let me expand on the first point.

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Justice

Sotomayor Hearing Live-Blog, Day 3

This week, the Wonk Room will live blog Judge Sonia Sotomayor’s confirmation hearings.  Yesterday, Jefferson Beauregard Sessions III attacked Sotomayor for not behaving like other Puerto Ricans, and the right-wing Committee for Justice released an ad claiming that Sotomayor led a terrorist organization.  This morning features questioning by Senators Cornyn and Coburn, we’ll see if they can clear the low bar set by Sessions and the CFJ.  We will be updating this thread throughout the day.

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5:49: And that’s a wrap . . . for today.

5:45: Cardin highlights one of Sotomayor’s major religious liberty cases, Ford v. McGinnis, in which she held that a prison could not deny Muslim inmates their First Amendment right to participate in the traditional meal celebrating the conclusion of Ramadan merely because prison officials determine that this traditional celebration was not sufficiently important to Muslims.

5:38: Cardin’s up, then recess for the day.

5:36: Broken Record Watch: Grassley still thinks that land developers are immune from statutes of limitations.  And, for the record, Mr. Didden made an enormous profit on this land because it was seized by eminent domain.  The only question in Didden’s lawsuit was whether he would get a massive windfall, or an awesomely massive windfall.

5:27: Sotomayor says that she has “no quarrel” regarding certain principles governing judicial neutrality, then cuts herself off, says “no quarrel sounds equivocal,” and fully endorses the principles.  This may be a subtle dig at Roberts and Thomas, who routinely said that they have “no quarrel” with decisions that they stridently opposed once they were confirmed to the Court.

5:22: Ok, Grassley is making the utterly insane argument that a case called Baker v. Nelson is a Supreme Court precedent that forbids the Court from mandating marriage equality.  Here is the entire text of Baker v. Nelson:

Appeal from Sup. Ct. Minn. dismissed for want of substantial federal question.

5:20: Your humble blogger is back.  Just in time to get hit with a fistful of crazy by Chuck Grassley, it seems.

4:28: Your humble blogger has to duck into a meeting.  No one say anything crazy while he’s gone.

4:24: Sessions doesn’t remember the Roberts and Alito hearings very well:

4:18: SCOTUSBlog makes a funny.  Sotomayor references a British study on the use of precedent.  SCOTUSBlog: Sessions “probably not happy with the reference to international law.”

4:11: Sessions doesn’t know what a board of directors does.  He again claims that Sotomayor authorized an organization she sat on the board of to take positions that he disapproves of, but the New York Times reports that she had virtually no role in shaping the organization’s litigation, and ABA rules forbid the board members of legal organizations from supervising an attorney/client relationship.

4:09: Shorter Broken Record Watch: Foreign Law.  Talmud.  Scalia.  Unelected Rabbis.

4:04: Irony Watch: Sessions complains about people who try to “promote agendas through the law.”

4:01: Broken Record Watch, Part II: Now Sessions is attacking Sotomayor for following a binding Supreme Court precedent regarding the Second Amendment.  Federalist Society darling Judge Frank Easterbrook disagrees with with Sessions.

3:55: Broken Record Watch: Sessions goes right to “wise Latina.”

3:52: Leahy makes an important point, a right means nothing if it cannot be enforced.  Sotomayor agrees.  Sadly, many of her future colleagues do not.

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Politics

Hatch distances himself from right-wing attack ad on Sotomayor.

newEarlier today, Think Progress pointed out that Sen. Orrin Hatch (R-UT) was present at a fundraiser for the right-wing Committee for Justice, a the group that is now sliming Judge Sonia Sotomayor as a terrorist. We wondered whether Republican senators are willing to defend CFJ’s ad. Huffington Post’s Sam Stein asked Hatch’s office, which responded by distancing itself from CFJ:

Asked if he agreed with the ad pushed by the group for which he once raised money, the senator’s spokesperson, Andrea Saul, relayed the following message from Hatch himself: “I haven’t seen the ad, but it sounds pretty harsh. Not the type of ad I would run.”

Is Jeff Sessions prepared to follow Hatch’s lead?

Politics

Kyl Wants To Cut Off Stimulus Funding That Arizona Governor Is Already Spending

On ABC’s This Week with George Stephanopoulos this past Sunday, Sen. Jon Kyl (R-AZ) argued that the $787 billion stimulus package “hasn’t helped yet. … What I proposed is, after you complete the contracts that are already committed, the things that are in the pipeline, stop it.” Watch it:

The next day Arizona Republican Gov. Jan Brewer received letters from four Obama administration officials — Secretary of Transportation Ray LaHood, Agriculture Secretary Tom Vilsack, Department of Housing and Urban Development Secretary Shaun Donovan and Secretary of the Interior Ken Salazar — pointing out the billions headed for Arizonans. LaHood wrote:

The stimulus has been very effective in creating job opportunities throughout the country. However, if you prefer to forfeit the money we are making available to your state, as Senator Kyl suggests, please let me know.

Sen. John McCain (R-AZ) quickly fired back on Tuesday, saying that he “strongly support the comments of Senator Kyl and call[s] on the administration to retract its threat against the citizens of Arizona.” But Brewer, who faces a massive budget deficit, a combative GOP-controlled state legislature and the prospect of arguing in favor of raising the state sales tax, has already tapped into billions of dollars made available by the stimulus package — and rejected efforts by the Arizona GOP to slash funding for education and health care. In March, Brewer announced she would accept the stimulus money, citing among many financially strapped programs the need to fund public education:

To forgo these funds at this time would be a disservice to Arizona taxpayers who have remitted their federal taxes in good faith and have seen many of those hard-earned dollars expended for the benefit of residents of other states,” the governor wrote. “Our citizens need their fair share of those funds returned home to provide for their families during these hours of our greatest need.

On July 8, Brewer signed legislation that secured more than $1 billion in federal education funding for Arizona. Only a few weeks earlier, Brewer announced Arizona was among the first to receive federal energy funding, which Brewer said in a press release is expected to create 1,500 jobs — and she noted more money was on the way: “After demonstrating successful implementation of its plan, the state will receive an additional $27 million, for a total of $55.4 million.”

Economy

Republican Consumer Protection Plan Is A Bank Lobbyist’s Dream

Today, representatives of the banking and mortgage industries appeared before the House Financial Services Committee to provide their perspectives on the Obama administration’s proposed Consumer Financial Protection Agency (CFPA). Since the administration first floated its proposal, the banks have been united against it, and Republicans have bought into the bank’s false assertion that the new agency will deny individual families specific financial products.

During today’s hearing, Reps. Randy Neugebauer (R-TX) and Judy Biggert (R-IL) outlined the GOP’s alternative to the administration’s plan, which involves keeping both bank supervision and consumer protection “under one roof,” as they kept saying. But failure to break consumer protection away from traditional bank regulation is exactly what the bank lobbyists who appeared before the committee are hoping for. Here is a video compilation, with the GOP outlining its plan and then the bankers offering the exact same set of idea and concepts. Watch it:

But under the current system, regulators have the responsibility for both consumer protection and the safety and soundness of institutions, and what’s profitable for an institution often directly flies in the face of what is good for consumers. As Adam Levitan explained:

Unfortunately, the market drives the introduction of bad consumer credit products…The only way high-cost products that skim consumer surplus are able to compete in the credit market is through price obfuscation. Some of this obfuscation is through fine-print. Some is through product design, as complexity and exploitation of consumers’ cognitive biases can mask pricing…Basically, the consumer credit market is a market in which competition often encourages bad products, and this calls for regulatory intervention.

Banks pulled in record profits during the subprime boom by engaging in the very practices that contributed to the economic meltdown. There’s a tension between consumer protection and bank profits, and in recent years, the banks always won. There’s no indication that a consolidation of regulators will reduce that inherent problem.

If the financial meltdown taught us anything, it’s that existing bank regulators are simply too far removed from the action on the ground to adequately police consumers and giant, complicated financial institutions simultaneously (which is also why individual states need to be allowed to go beyond federal regulation). Consolidation of the bank regulators is fine, but it won’t make them focus any more of their time on consumers. A new agency, focused solely on consumer protection, will hopefully address that imbalance. The banks, though, want to preserve the status quo and the Republicans have thus far been willing accomplices to achieving that goal.

Yglesias

Israeli Government, AIPAC Stepping Up Attacks on Human Rights Watch

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As a Jewish progressive, one of the most disturbing elements about Israel’s recent trajectory has been an increasingly tendency by the Israeli government and by hawkish Jewish organizations to respond to criticism of Israel’s human rights record by lashing out against human rights groups. The Jerusalem Post, for example, has a report on how the Israeli government is planning to step up attacks on Human Rights Watch not by contesting HRW’s work on the merits, but by assailing the organization as somehow hypocritical for raising funds from private Saudi individuals. And Matt Duss observes that AIPAC has been emailing journalists with a story making the same argument.

Anyone genuinely interested in a good-faith exploration of whether or not Human Rights Watch ignores human rights abuses by Saudi Arabia or by other states in the region can easily enough click over to their website and find their comprehensive work on the Middle East and North Africa. You will swiftly see that the idea that HRW is some kind of Israel-bashing organization is nonsense. Their currently featured item is about just the subject you’d expect—the recent clampdown in Iran. The headline is “Iran: Detainees Describe Beatings, Pressure to Confess”. They also did a July 8 item highlighting broken promises on women’s rights from Saudi Arabia. They’re highlighting work on torture in the United Arab Emirates and on how administrative detention undermines the rule of law in Jordan.

This is vital work taking place in a large number of countries. Countries that, as the Israeli government is usually the first to point out, tend to treat their citizens really poorly. Smearing the organization doing this kind of work is very damaging. There aren’t, after all, a lot of people doing credible work of this sort. And part of the reason HRW is credible is that they call it like they see it—they don’t zero in on particular countries to serve a geopolitical agenda. Which means that when Israeli policies violate international law or human rights norms, Israel gets criticized. If this makes Israelis uncomfortable, then maybe instead of lashing out with unsupported accusations of of bias they ought to reconsider their own actions.

Yglesias

A Winnable War in Afghanistan

(US Army photo by Sgt. Matthew Moeller)

(US Army photo by Sgt. Matthew Moeller)

Back during the great Iraq debate of winter 2006-2007, one point I made was that by gambling on the “surge” we were also gambling on the total collapse of our strategy in Afghanistan. It’s a point Barack Obama also made. And then as he prepared to take over the government of the United States in the winter of 2008-2009 he basically went about implementing the kind of strategy that Iraq War critics had been urging two years earlier. But by the time that actually happened, I began to be beset by the nagging worry that two years later was too late; that our endeavor in Afghanistan had actually slipped below the horizon line of viability. And I know, especially as I’ve been doing some student-heavy speaking engagements this summer, that a lot of other progressives are worried about this too.

If you’re looking to be a bit cheered up about Obama’s Afghanistan strategy, then you couldn’t do much better than to read Peter Bergan’s new article in The Washington Monthly where he argues that success is more achievable than people realize and that Obama’s strategy is sound. I have some doubts about the Pakistan portion of his argument, but I find it pretty convincing.

Climate Progress

Boxer planning Sept. 8 rollout for climate bill

Senate Environment and Public Works Chairwoman Barbara Boxer (D-Calif.) plans to unveil a major global warming bill immediately after Congress returns from the August recess, she said today….

Boxer predicted she would have at least one Republican co-sponsor on her bill, though she would not name names.

So E&E News PM (subs. req’d) reported last night.  I see this delay as a sign that she is serious about trying to craft a bill that can garner 60 votes, which will not be easy (see “Epic Battle 3“).  I don’t think the Republican cosponsor will be someone from the committee.  Maybe it will be one of the two Maine senators.

How will all the different pieces by different committees be reconciled?

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Security

Goldberg: Talking About Israel With Arabs Is Hate Speech

jeffrey-goldbergJeffrey Goldberg gets in on the Human Rights Watch story with one of the most comically obvious attempts by a journalist to arrive at a conclusion that I’ve ever read.

After first assuring us that he is “not one of the people who believes that Human Rights Watch is reflexively anti-Israel,” Goldberg sets out to discover whether Sarah Leah Whitson, director of HRW’s Middle East and North Africa Division, attempted to raise money from potential Saudi donors by highlighting the HRW’s “battles with ‘pro-Israel pressure groups.’” Goldberg exchanged emails with Ken Roth, executive director of Human Rights Watch, who wrote:

We report on Israel. Its supporters fight back with lies and deception. It wasn’t a pitch against the Israel lobby per se. Our standard spiel is to describe our work in the region. Telling the Israel story–part of that pitch–is in part telling about the lies and obfuscation that are inevitably thrown our way.

Goldberg interpreted:

In other words, yes, the director of Human Rights Watch’s Middle East division is attempting to raise funds from Saudis… in part by highlighting her organization’s investigations of Israel, and its war with Israel’s “supporters,” who are liars and deceivers. It appears as if Human Rights Watch, in the pursuit of dollars, has compromised its integrity.

This doesn’t even pass the laugh test. Basically, Goldberg’s view is that even discussing Human Rights Watch’s work on Israel, and the criticism that it receives from right-wing pro-Israel groups, in the presence of Arabs is tantamount to trafficking in hate speech.

Yes, it’s reprehensible, but it’s also typical of Goldberg’s general method on the issue of Israel, which involves presenting himself as a moderate and reasonable judge of various claims and criticisms — he doesn’t really like the settlements, don’t you know! — before invariably delivering bog-standard neoconservative verdicts. He’s usually less clumsy about it, though.

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