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Yglesias

Outside the Box SCOTUS Idea

File-Cory_Booker

As a connoisseur of American conservatism’s problematic relationship with race, I had a lot of fun during the Sonia Sotomayor confirmation fight. Thus in that sense, I’m a bit saddened that the leading names being bandied about to fill the vacancy left by John Paul Stevens are all white people. Obviously there’s nothing wrong with white people (indeed, some of my best friends are white) but if I had my druthers, all high-profile confirmation controversies would be about non-whites. So I’m intrigued by Jonathan Zasloff’s notion of putting Newark Mayor Corey Booker on the bench even though it’s not going to happen.

At any rate, every time a Supreme Court seat comes open about 25% of the pundits in America point out that it would be nice to see Presidents put up some more people who are “politicians with legal experience” rather than appellate judges or whoever’s solicitor general at the moment. But this is one of these things that pundits say not just because it makes for an easy column topic but also because it’s actually true! The Supreme Court is a substantially political court. The whole discourse and atmospherics around the way Court nominees are currently selected and confirmed has become a terrible farce, and the pretense that it’s just about picking people who are really good at looking up what the law is in books is a big part of the problem.

Yglesias

Beware the Ecological Fallacy

Via Ezra Klein, the Fourth Branch put together a map purporting to show which states get more in federal spending than they pay in taxes:

mapstatestaxes-thumb-454x340-18041

There is a very strong correlation, then, between a state voting for Republicans and receiving more in federal spending than its residents pay to the federal government in taxes (the rust belt and Texas being notable exceptions). In essence, those in blue states are subsidizing those in red states. Both red and blue states appear to be acting politically in opposition to their economic interests. Blue states are voting for candidates who are likely to continue the policies of red state subsidization while red states are voting for candidates who profess a desire to reduce federal spending (and presumably red state subsidization).

One cautionary note on this is that the last time I tried to look into this subject, I was assured that there’s no really methodologically rigorous way of assessing the issue and was cautioned away from overreliance on the very same 2005 Tax Foundation study that’s the basis for this map.

My larger concern, however, is with the “ecological fallacy” of attributing the quality of whole states to specific individuals. There are millions of people in states like Alabama, Mississippi, Arkansas, etc. who voted for Barack Obama. Those people are primarily lower income people. If we slashed federal spending on Medicaid, Title I education assistance, food stamps, etc. and used the savings to cut taxes on high income individuals then “Alabama” and “Arkansas” would suffer while “New Jersey” and “Connecticut” would gain. But at an individual level, low-income people would lose and high-income people would win. So there’s nothing really irrational about a well-to-do businessman in Mobile voting for tax cuts, or a poor person in Newark voting for anti-poverty programs.

Politics

First health care, now jobs: Right wing advocates discriminating against Obama voters.

Today on Twitter, hate radio host Neal Boortz advocated that businesses fire Obama voters to deal with the tough economy:

Steve Benen writes, “Obviously, as a substantive matter, this doesn’t make any sense. As a legal matter, it’s a crime to fire an employee based on how he or she voted.” Discriminating against Obama voters seems to be a new trend for the right wing. In Florida recently, a doctor posted a sign reading, “If you voted for Obama…seek urologic care elsewhere.”

Economy

Blankenship’s Union-Busting Goal: ‘Sell Coal Cheaper And Drive Union Coal Operations Out Of Business’

This week, Upper Big Branch mine in Montcoal, WV, was the site of the deadliest mining disaster since 1984, with at least 25 miners killed and others still missing. The disaster was caused by an explosion of contained methane gas, which caused a similar incident at the Sago Mine — also in West Virginia — in 2006.

As Brad Johnson has pointed out, the Upper Big Branch Mine, which is owned by Massey Energy, has been cited for thousands of safety violations, including 638 since 2009. More than $2 million in fines have been assessed against the mine. Massey is run by CEO Don Blankenship, who just last year complained about “nonsensical” safety rules set by the federal government to protect miners. Not only that, Blankenship has said that “unions, communities, people, everybody’s going to have to learn to accept” that “capitalism from a business viewpoint is survival of the most productive.”

To that end, Blankenship has made a concerted effort to not only flagrantly flaunt a safety code that might have cut into his profits, but also to prevent unionization at his company’s mines. In a 1986 film documenting his role in crushing striking miners at Massey operations in Appalachia, Blankenship was frank about his goals to destroy unionization, in order to “sell coal cheaper”:

What that means is that non-union competitors have a tremendous advantage and therefore they sell coal cheaper and drive union coal operations out of business.

Watch it:

To date, Blankenship has largely succeeded in purging union members from his company’s ranks. Only 1.8 percent of Massey’s workforce is unionized. One miner who was employed by Massey for 25 years said that working for Blankenship was “like living under a hammer. It’s all about the bottom line, we all know that.” In 2007, the National Labor Relations Board determined that Massey’s refusal to hire union workers was illegal.

But if the Upper Big Branch miners were unionized, there’s a greater likelihood that the mine would have been safer. Since 2002, less than than one-fifth of the total mine worker fatalities have occurred at unionized mines. And the reason is simple: workers at a unionized mine are not afraid to report unsafe working conditions. “I can absolutely say that if these miners were members of a union, they would have been able to refuse unsafe work…and would not have been subjected to that kind of atrocious conditions,” said United Steelworkers President Leo Gerard.

Also, unions have the right to accompany mine inspectors on their rounds, providing accompanying documentation and testimony, so it’s not simply the inspector’s word against the company’s. But Blankenship has made it clear that he considers the safety and health of his workers as secondary to squeezing every penny out of his mines that he can.

Yglesias

There Is No Racism In the Conservative Movement

Rep Joseph Cao (R-LA)

Rep Joseph Cao (R-LA)

Dave Weigel recounts Rep Joseph Cao’s dialogue with Kim Hasney, a photographer from Jefferson County who used to be a Cao enthusiast but is upset by his relatively moderate voting record:

“He had fundraisers, he had meetings, all in the suburbs — the white suburbs,” said Hasney, who attended one of those events. “He had nothing in the district. We got him elected. Then, he goes and says ‘but I have to represent my district,’ which is all liberal, giveaway, spread-the-wealth, welfare, black. We thought he would try to change the demographics of that district by supporting things that were not giveaway things. You know, supporting things that would get them out of the ghetto.”

Hasney made it clear that she opposed Cao’s votes because she thought they were the wrong way to lift poor blacks in New Orleans out of poverty. “I’m not just talking about black people,” she said. “The Vietnamese people flourish in that area because they’re workers.”

Cao, she said, should have focused on free market solutions that could help other residents lift themselves up by their bootstraps.

“I thought that was what he was going to do,” she said. “As a conservative Republican, bring a work ethic, bring a non-welfare ethic.”

We’re a long way from the days of “The Future is Cao.”

Alyssa

The Girl Done Wrong Again

Okay, so, call me crazy, but I think the implication that Carrie cheats on Big actually makes me more excited about Sex and the City 2:

I know, I know.  But I disliked narratives where Carrie is wronged.  The show and the movie are more interesting when the characters are in pickles of their own making: Miranda sabotaging her potential and then actual relationship with Steve, Samantha cheating with Richard and getting forgiven for it and realizing the whole thing means something, Charlotte working her way out of her disastrous and impulsive marriage.  Superheroes have to have flaws, not be victims.

Politics

Pawlenty Admits That ‘There’s Probably Some Political Overtones To’ Health Care Lawsuit

Yesterday, ThinkProgress reported that nearly 70 percent of the state officials suing the federal government over the constitutionality of the health care reform law are either running for re-election or gunning for higher office. Even conservative legal scholars have said these lawsuits have little chance in succeeding and appear to be nothing more than political theater.

Gov. Tim Pawlenty (R-MN) — a prospective candidate for the GOP nomination for president in 2012 — has said recently that he would join the lawsuit despite the misgivings of Minnesota’s attorney general. But last night on Fox News, Pawlenty himself admitted that the lawsuit is political in nature:

VAN SUSTEREN: It doesn’t sort of escape me that the people who have filed are all Republicans, with the sole exception of the attorney general in Louisiana is a Democrat. I think he’s probably the only — is he the only Democrat who has joined this?

PAWLENTY: As far as I know. You know, of course, there’s probably some political overtones to it, but I think it’s also, frankly, Greta, philosophical. We have a group of people like me who view the federal government should have a limited role. There’s a bunch of people who have a different view. And that’s what the courts are for, to hash out these differences. So let’s get it on.

Watch it:

These state officials’ main argument in bringing about the lawsuit is that the federal mandate to buy health insurance in the new reform law is unconstitutional. Pawlenty has made this argument as well, saying last night that the mandate is “a dramatic overreach by our federal government.” But Pawlenty himself is a recent convert to this view, who just last year “effectively positioned federal mandates within the boundaries of the law.” From ABC’s This Week last September:

STEPHANOPOULOS: So just to be clear, are you suggesting that any parts of the plan as the president has laid it out are unconstitutional?

PAWLENTY: Well, I wouldn’t go so far as to say it’s a legal issue.

“I think it’s fair to declare this a bona fide, grade-A flip-flop,” Newsweek’s Andrew Romano noted, adding that “[i]t’s simply an opportunistic play for political advantage.”

Security

Debunking Conservative Lies On Nuclear Modernization

bolton A common refrain from those looking to oppose the START treaty, the newly released nuclear posture review, and more broadly Obama’s nuclear agenda, is that it is reckless to cut nuclear weapons when our nuclear arsenal is aging and deteriorating. Statements from Jon Kyl, John McCain, and Joe Lieberman all throw out this argument.

John Bolton and friends take this argument to the next level, asserting that Obama is leaving America exposed by not spending enough to maintain existing US nuclear weapons. Bolton wrote in the National Review that the administration is “drastically limiting programs to ensure the safety and reliablity (sic) of our existing nuclear stockpile, the president is risking our security and obtaining nothing in return.” It is a great talking point for conservatives – except that it is just not true.

First, the Obama administration announced massive funding increases to the nuclear infrastructure – a 10 percent increase over what the Bush administration spent. Biden wrote an op-ed in the Wall Street Journal:

For almost a decade, our laboratories and facilities have been underfunded and undervalued… The budget we will submit to Congress on Monday both reverses this decline and enables us to implement the president’s nuclear-security agenda. These goals are intertwined… To achieve these goals, our budget devotes $7 billion for maintaining our nuclear-weapons stockpile and complex, and for related efforts. This commitment is $600 million more than Congress approved last year. And over the next five years we intend to boost funding for these important activities by more than $5 billion.

Conservative’s newfound concerns about the state of the nuclear infrastructure reek of duplicity. The Obama administration is spending significantly more on maintaining nuclear weapons and labs than the Bush administration, especially compared to when John Bolton was Undersecretary for Arms Control. If Obama is “risking our security” than Bolton and the Bush administration were practically a second-coming of Benedict Arnold based on the comparatively puny amount that was spent on modernizing our nuclear infrastructure.

Second, the nuclear weapons are completely reliable. The JASON advisory panel, which is made up of actual rocket scientists, concluded that the nuclear weapons were in fine shape:

Lifetimes of today’s nuclear warheads could be extended for decades, with no anticipated loss in confidence, by using approaches similar to those employed in LEPs [Life Extension Programs] to date.

The right is now attempting to make some hay out of a letter from some nuclear lab directors that said the JASON study was too positive and that more funding was needed for the labs. Conservatives are just shocked, shocked, to find out that the heads of an organization want more money for their organization. Nevertheless, these lab directors, despite having a significant interest in receiving more funds, still did not contradict the fundamental point that was communicated in the unclassified executive summary of the JASON report – that the nuclear weapons are fine as long as we continue the modernization programs that are already on the books.

Third, we are modernizing our nuclear weapons. Conservatives like Bolton desperately want the US to build an entirely new nuclear warhead and they claim that our weapons are really old and increasingly unreliable. They must not watch any home renovation shows, because they seem to have no understanding that it is possible to renovate or modernize something, without starting from scratch. If Bolton were on This Old House he would tell Tom Silva to just tear down the house they are renovating and start from scratch. This is a foolish and costly approach. The fact is that the US is constantly refurbishing and modernizing its nuclear weapons. As Stephen Pifer of the Brookings Institution explained:

We [the US] take a missile frame and we modernize it, and we refurbish it, whereas the Russian practice is to take a missile, they use it for 15 years and then they replace it completely. So you’ll see new numbers coming up on the Russian side and you may think that, gosh, the Americans are still deploying these 1970s missiles. I suspect when they retire the last Minuteman III in 2030, it may have three of the original bolts on it from 1970 but it’s going to be a very different missile.

The reality is that our weapons are the best in the world and conservatives who attack the state of our nuclear arsenal need to answer a question posed by Kingston Rief in the Bulletin of Atomic Scientists:

So those who continue to argue that Washington doesn’t show enough interest in modernizing its nuclear weapons should be forced to answer a simple question: If given the choice, would they trade the U.S. nuclear arsenal for the Russian or Chinese nuclear arsenals? Clearly, the answer is no.

Yglesias

Ripping the Financial Reform Band-Aid

bandaid 1 1

The other day I said the political economy arguments for breaking up large banks confused me since if big banks have too much clout to regulate properly, then surely they have too much clout to break up. Bond Girl is back with a fairly convincing response:

If we buy into the idea that all we need is better regulation, or that better regulation is the only politically feasible solution and we should take what we can get, we will still be left with banks that are effectively self-regulated in practice. What the banks cannot directly procure they will find a way to game.

I think the biggest obstacle to breaking up the banks, on the other hand, is the fear that this will be a destabilizing event. What happened to the stock market when the president, stung by the Democrats’ loss in Massachusetts, announced the (rather toothless) Volcker Rule? If one talks seriously about radically changing the structure of the financial sector in this country as opposed to making incremental changes, people immediately start panicking over the possibility of revisiting the financial crisis. These fears are not entirely misplaced, and that is what makes them politically useful. (“We just navigated our way through the financial crisis and its fallout, so let’s not do anything stupid and rock the boat.”) The ironic thing about this situation, however, is that our fear of instability in the short-term is leading us to make decisions that only further destabilize our system in the medium term. I don’t know, maybe that is not all that ironic. Maybe we’ve all simply internalized the bank executives’ time horizon.

At any rate, why is it more difficult politically to regulate banks effectively rather than break them up? Breaking up the banks requires a political movement – get it done and move on. Effectively regulating too big to fail institutions, at best, requires a long-term political commitment and constant supervision, not just of the banks but of their supervisors, who largely depend upon the banks for information. That’s what seems overly optimistic to me.

In other words, probably easier to just pull the band-aid off once than try to grind the issue out over time.

But before you jump off a bridge in a fit of depressed fatalism, I do want to note that financial regulation shouldn’t be seen as a binary issue wherein we either create a system that “works” or one that “doesn’t work.” A system in which major financial crises occur every 25 years is a lot better than a system in which we get one every 10 years, even if both are accurately described as systems that a prone to crises because big banks are able to game the rules.

On the other hand, to make yourself even more depressed it is worth pointing out that probably the biggest source of bank political clout isn’t size or even money alone, but the combination of money with political and social prestige. And at this point, I’m genuinely puzzled as to what could break that prestige. You’d think a catastrophic series of screwups that lead to a severe worldwide recession would do the trick, but instead it seems to have enhanced the prestige of those bankers who managed to screw up less than their colleagues. It’s really terrifying.

Politics

European-American Fox News host complains that we’re turning into Europeans, who are a ‘pack of Pagan losers.’

Last night, while debating raising taxes on the wealthy with radio host Mark Levine, Fox Business host Stuart Varney claimed that progressive tax policies will turn us into Europeans, who are “a pack of Pagan losers”:

VARNEY: Europe is paralyzed with debt, subject to massive entitlement programs, and riddle with anxiety. We are going down that road with our taxation policies. And once we enact a VAT, a hidden sales tax, we’ll go even further down that road. It is profoundly un-American. We’re going to resemble Europeans, who are essentially, a pack of Pagan losers. And I don’t want to go in that direction!

Watch it:

Varney’s claim is ironic, given the fact that the Fox Business host is British-born and a graduate of the London School of Economics. It should be noted that Western Europeans enjoy a lower poverty rate, an economy nearly as large as China and the United States combined, much more generous worker benefits and vacation time, and a higher per capita GDP growth rate than the United States.

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