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Yglesias

Is Bob Bennett Doomed?

It looks like he just might be. As Mike Tomasky explains, and as I’ve totally missed, Utah has an unusual nominating system in which only the top two vote getters at the state Republican convention get to appear on the primary ballot. And according to a Salt Lake City Tribune poll he’s currently running in third place among delegates.

Bennett’s main sin, it turns out, is having sponsored the beloved-by-wonks Wyden-Bennett health reform proposal that wound up going nowhere in congress. This seems like a major episode in the closing of the conservative mind. I know a large number of right-of-center pundits who praised Bennett’s work on this issue, and now he’s going down for it. I wonder how many of them will have the courage to note the madness sweeping the conservative base.

Yglesias

The Money is the Scandal, Part II

As most of the smart set have pointed out, a fair amount of the berating of Goldman Sachs execs on the Hill earlier today didn’t really make sense. An investment bank can’t have a strict fiduciary responsibility to everyone it interacts with, so hectoring about whose obligations to act in whose best interests gets a little bit pointless. Besides which, we’re all grownups, we all understand that the point of a business is to make money and that in any business the point of treating customers well is to develop a good reputation and drum up more business.

Which just returns to the point that, though we’re reluctant to admit it in respectable circles in the United States, it’s the money as such that’s the real scandal here. If Lloyd Blankfein were living humbling on $800,000 a year (i.e., 15-20 times the median household income) and donating the rest to charity then I think you’d have to say that what’s good for Goldman Sachs is good for the world. But obviously that’s not what’s taking place. Consequently, I think it’s not quite right to say that nobody is doing anything wrong unless they’re committing actionable fraud. Becoming obscenely wealthy in the business world and then hoarding your money is, itself, morally wrong. It’s just not a critique people are very comfortable offering because obviously even those of us who aren’t making Blankfein bucks are still living higher on the hog than we in principle could.

But it’s a mistake to let fear of hypocrisy drive us to a world in which there are no standards of ethical conduct. If you feel a bit bad about condemning the behavior of the super-rich, then the answer is to try to improve your own conduct not to avoid criticism of those who are objectively open to even more severe criticism.

Politics

Republican Party Coordinated With Wisconsin Attorney General’s Office On Health Care Repeal Lawsuit

pressreleaselogoAs ThinkProgress has documented, numerous Republican state attorneys general have engaged in frivolous lawsuits based on the theory that the recently-passed health care law is unconstitutional and thus should be repealed. While many of these officials are either up for re-election or running for higher office, they maintain that their lawsuit is not politically motivated but is instead based on a “purely legal constitutional argument.”

Yet today, the progressive organization One Wisconsin Now revealed that it has obtained an e-mail showing a “direct line” of communication between the office of Wisconsin Attorney General JB Van Hollen (R) and the Republican State Leadership Committee (RSLC), indicating that the two jointly coordinated the state’s health care lawsuit.

One Wisconsin Now’s press release explains that the e-mail exchange, which occurred just days before Van Hollen filed his health care lawsuit, shows that Wisconsin Deputy Attorney General Raymond Taffora solicited information from the RSLC’s Political Director relating to filing a health care lawsuit. The RSLC responded by suggesting that the Wisconsin’s Attorney General office talk to South Carolina Deputy Attorney General Bryan Stirling (R), who is also CC’d in the e-mail:

The emails One Wisconsin Now obtained indicate [Wisconsin Dep. AG] Taffora had contacted [RSLC Political Director] Cannatti looking for lawsuit information. Cannatti’s response, which was sent at 9:09 the morning immediately following passage of the health reform bill, suggested Taffora talk to Bryan Stirling, the Deputy Attorney General of South Carolina, who Cannatti said was “coordinating efforts” between the Republican Attorneys General filing the lawsuit. [...]

Van Hollen’s office is refusing to release the full extent of email communications regarding the potential lawsuit requested March 24 by One Wisconsin Now. The request sought documents and communications between the Attorney General’s office about the potential lawsuit dating back to January 1, 2010. Van Hollen claims the documents are protected by attorney-client privilege, though it is clearly not the citizens of Wisconsin, his only true clients, that Van Hollen is trying to protect.

The e-mail, which can be read in full here, makes it clear that the Republican Party is openly coordinating its health care repeal campaign with Wisconsin’s Attorney General and possibly also South Carolina’s Attorney General. A spokesman for Van Hollen has told the press that the e-mail controversy is “much ado about nothing” and that the correspondence between the Attorney General’s office and the RLSC is “just nuts and bolts communication.” (HT: Crooks and Liars)

Economy

Lincoln Reassures The Wealthy That She Is Committed To Cutting Their Taxes

Sen. Blanche Lincoln (D-AR) has been garnering a lot of attention recently due to her position as chairwoman of the Senate Agriculture Committee, which gave her significant influence over the portion of Sen. Chris Dodd’s (D-CT) financial reform legislation dealing with derivatives. To the surprise of many (myself included), Lincoln’s legislation went further than Dodd’s and even includes a provision that would force commercial banks to spin off their derivatives trading desks.

But derivatives are not the only thing on Lincoln’s plate, and she wants everyone to know that one of her other priorities — slashing taxes for the heirs of multimillionaires — is still on her mind:

Senate Agriculture Chairwoman Blanche Lincoln is apparently not letting her primary opponent or her focus on derivatives regulations hamper efforts to permanently cut the estate tax. An aide said Monday Lincoln continues to have discussions with members and staff and that she “is very hopeful a deal will come together in the near future”…[Lincoln's spokeswoman] said she was as committed as ever to an estate tax fix. “[Lincoln] believes that an agreement can and should be reached by Memorial Day and that achieving a deal should be a priority,” she said.

Lincoln and her Republican counterpart, Sen. Jon Kyl (R-AZ), said that they are “virtually ready” to unveil legislation formalizing their intention to cut taxes for those at the very top of the income ladder.

Due to a Bush-era accounting gimmick, there is no estate tax this year, and the tax is set to come back at the Clinton-era level of 55 percent with a $1 million exemption next year. The Obama administration and many Democrats in Congress favor permanently setting the estate tax at the 2009 level, which is 45 percent with a $3.5 million exemption. But Lincoln and Kyl want to cut the rate to 35 percent and raise the exemption to $5 million, providing a $250 billion tax cut to the richest 0.2 percent of Americans.

The 2009 level exempts 99.8 percent of estates, and since the exemption is so high, the average effective rate those hit by the tax will pay is just 14 percent. With the government trying to grapple with long-term deficits that are unsustainable, it’s the height of irresponsibility to slash taxes for the very richest segment of the population.

The U.S. Chamber of Commerce has released an ad supporting Lincoln in her primary campaign against Arkansas Lieutenant Governor Bill Halter, citing her support for tax cuts for “small businesses and family farms,” which is the misleading right-wing claim used to justify cutting the estate tax. But make no mistake — cutting the estate tax as Lincoln and Kyl suggest is nothing more than a giveaway to the richest families that the country can’t afford.

Yglesias

No Alternative to Regulatory Discretion

bureaucrats 1

David Brooks’ reason for opposing the financial regulatory reform is that it engages in too much centralization. His alternative?

Both N. Gregory Mankiw of Harvard and Sebastian Mallaby of the Council on Foreign Relations have been promoting a way to do this: Force the big financial institutions to issue bonds that would be converted into equity when a regulator deems them to have insufficient capital. Thousands of traders would buy and sell these bonds as a way to measure and reinforce the stability of the firms.

Ezra Klein spots the flaw:

You see the problem here, right? This proposal says that regulators — who may even be organized into some sort of council or commission — should watch financial firms and bring down the hammer when they get into trouble. Nothing about Brooks’s proposal is less centralized than Dodd’s proposal. In fact, they work in virtually the same way.

But Klein has his own alternative:

Now, there’s some chance that Brooks is simply explaining his proposal poorly and he actually has in mind something like the Zingales/Hart proposal to use the market price for a special class of debt as a way to trigger automatic regulatory action, which would potentially protect against groupthink and inattentive bureaucrats.

If so, that’s great. I’m a fan of this proposal, though no Democrats or Republicans have introduced it in Congress. But so far as what he’s written goes, Brooks has created a centralized system that works at the behest of government regulators even as he’s written a column criticizing Dodd for creating a centralized system that works at the behest of government regulators. It’s a bit weird.

I have the same critique of Klein that Klein has of Brooks—this isn’t as different as it seems. After all, if you read the Hart/Zingales proposal the automatic regulatory action turns out to be nothing more than the commencement of a process for discretionary regulatory action:

If the trigger were to be set off by a too-high CDS price, the regulator would be required to carry out a “stress test” on the financial institution to determine if it is indeed at risk. In a stress test, regulators use sophisticated algorithms to run “what if” scenarios that examine whether a financial institution has sufficient assets to survive serious financial shocks. A stress test should precede any other action, so that extraneous panic is not allowed to bring down financial institutions unnecessarily. If, for instance, a few significant hedge funds or other investors lost confidence in a bank on the basis of a rumor or misperception about its strength, and began to buy credit default swaps as protection against its failure, the CDS price would rise and might trigger regulatory action. It is important that the regulator first test the validity of the concern before acting on it.

All three of these proposals are different ideas. But they’re not that different and none of them avoid centralization or regulatory discretion. There’s just no alternative.

I conclude with a point about decision-making processes. One way to make the law would be to ask “who wants to create a new resolution authority for failed firms.” A majority of Senators would raise their hands. Then the minority who didn’t raise their hands would leave the room. Then, the Senators still in the room would decide whether they preferred the Dodd approach, the Mankiw/Mallaby approach or the Hart/Zingales approach. Whichever approach had the most support would then happen.

But of course that’s not how we make laws. Instead, you’ve got a huge bloc of Senators who don’t want to vote yes on any version of anything and you need sixty votes to pass a bill. Consequently, if the 70 or so Senators who might be open to doing something start squabbling over relatively small differences what winds up happening is nothing at all. Oftentimes in the Obama Era the difference between “reasonable” conservatives (David Brooks and Greg Mankiw often leading the charge) and reasonable liberals has been that reasonable liberals look at flawed legislation that would improve on the status quo and support it while “reasonable” conservatives look at flawed legislation that would improve on the status quo and oppose it, while claiming to support alternative flawed proposals that they don’t actually lift a finger to organize support for within their own ideological faction.

Alyssa

What It All Means

Some of you may remember the friendly tiff Noah Berlatsky and I had about Twilight last fall.  Since then, we’ve become email pals, and he was nice enough to ask me to contribute to a series he’s publishing on criticism.  I wrote a personal history for him, with some thoughts about why I do what I do.  An excerpt is here:



And after watching policy bloggers slug it out against the backdrop of an oft-deadlocked Congress, pop culture seemed more valuable than it had before, as both an escape, and as a field of play. I’ve become a somewhat more sophisticated consumer and observer of media in the last decade and a half. I can explain why I like or don’t like things now. But I’ve also found myself interested in a larger question: what does what we like say about us?

Noah and I met, in fact, because of a disagreement over what the Twilight phenomenon means for discussions about sexuality and gender. We never reached agreement on the merits, but it was clear we were working under the common assumption that culture, particularly popular culture, is a place where both creators and consumers work out real-life issues ranging from deciding whether to have sex before marriage to what would happen in a world with extremely large, well-equipped private armies.

Doing this kind of criticism doesn’t necessarily mean being deadly serious about things that are, after all, a lot of fun. Sometimes a Robyn song is just a Robyn song. But sometimes it’s also an argument for female artists about going independent rather than relying on and being shaped by a major label, just as the pop-rap fusions in collaborations between artists like Kanye West and Keri Hilson or B.o.B. and Janelle Monae are evidence for rap’s conquest and colonization of popular music. The Iron Man movies are fun because Robert Downey, Jr. is relaxed and having a great time playing a roguish industrialist, but they’re also action movies for people who feel ambivalent about the projection of American military power–even if it means they’re settling for an individual having tremendous power, fire- and otherwise, because he’s charming. Unlike in politics, in pop culture the choices don’t always have to be clear. Artists are blessedly free to explore gray areas without risking the career suicide that so often accompanies the impression that a government leader possesses less than crystalline moral clarity.



But check out the whole thing.  There are stories about how dorky I was as an 8-year-old!  Trust me, it’s awesome!  As is Noah’s blog!

Politics

Virginia gun lobby pushes for right to drink alcohol while carrying a gun in public.

guns-in-barEarlier this month, Virginia Gov. Bob McDonnell (R) signed legislation allowing “concealed carry permit holders to bring loaded handguns” into establishments that serve alcohol. The law allows permit holders to carry guns in restaurants, “as long as the holders do not consume alcohol.” A leading Virginia gun lobby is now arguing that the law unfairly stigmatizes gun carriers as second-class citizens because there is an exception that “allows law-enforcement officers and commonwealth’s attorneys to carry concealed weapons and consume alcohol.” Philip Van Cleave, leader of the Virginia Citizens Defense League, complained, “We’re not allowed to drink, but they (law enforcement officials) can. … That’s two classes of citizens.” But Van Cleave has a solution:

Van Cleave said one proposed bill would allow no one but an on-duty officer doing undercover work to drink alcohol while carrying a concealed weapon. The other bill will say that anyone can carry a concealed gun and drink if they wish, “as long as they are not drunk.”

“Whatever the General Assembly assumes will apply to everyone,” he said. “Police officers and permit holders are all in the same tent; so I say: General Assembly, you choose. But whatever it is, we’re equal.”

In a letter to McDonnell on behalf of the state’s police chiefs, Virginia Beach Police Chief Jake Jacocks, Jr. opposed the new law, arguing: “We can fully expect that at some point in the future a disagreement that today would likely end up in a verbal confrontation, or a bar fight, will inevitably end up with gunfire if you sign this legislation into law.” The chances of that happening would only increase if the Virginia gun lobby has its way.

Justice

Gay Marriage Opponents Portray Themselves As Victims Of Hate Crimes

My colleague Jeff Krehely is out with a fascinating piece exploring how opponents of gay marriage are responding to the public’s growing support for marriage equality by portraying themselves as “victims of anti-religious (specifically anti-Christian) hate crimes.” And they’re using the courts to press their case and develop the narrative.

The sentiment is most obvious in Washington State, where Protect Marriage Washington (PMW), a group opposing marriage equality, successfully placed a voter referendum challenging a law which granted “same-sex (and older opposite-sex) domestic partners virtually all of the same rights that straight married couples receive from the state.” Washington state’s Public Records Act “instructs the state to release names of people who sign petitions to place an issue up for a public vote,” but PMW moved to block the release of names, claiming that publicizing the names of the petitioners “will subject the signatories to harassment, injury, or property damage.” The case is now “scheduled to go before the Supreme Court this month.”

As Krehely notes, these claims are somewhat ironic; the group is complaining about the very kind of abuse that the lesbian, gay, bisexual, and transgender community have experienced for decades. Abuse that some PMW petitioners undoubtedly propagated, if not overtly then through their unequal policies. Still, that’s not to say that their claims are all frivolous, of course. Any violence against petitioners is inexcusable, but as Krehely notes, it simply pales in comparison to the kind of abuse gay people face when challenging PMW-like petitions or fighting for equal rights. “In fact, based on hate crimes data, the LGBT community received much more harassment and intimidation in California during the Proposition 8 debate than any of the people opposed to marriage equality“:

- Hate crimes in California dropped 2% overall in 2008, but anti-LGBT related crimes increased by nearly 17%, raising recorded incidents from 132 to 154.

- Sexual-orientation-related hate crimes in states with marriage amendments on the ballot in 2004 saw a 47% increase in these crimes from the previous year. Two of the most telling examples are Ohio, which saw an increase from 32 hate crime incidents based on sexual orientation in 2003 to 57 incidents in 2004, and Michigan, which went from 41 incidents in 2003 to 73 in 2004.

- Government reports and data also note that anti-LGB hate crimes are on the rise nationally.The FBI recorded 75 anti-Catholic and 56 anti-Protestant hate crimes nationwide in 2008, which is equal to fewer than one religious-based hate crime for every 100,000 Christians in the country. That same year saw 16 sexual orientation hate crimes for every 100,000 LGB people in the United States.

“The current strategy, which is being advanced through the Protect Marriage Washington Supreme Court case, is to falsely portray marriage equality opponents as political and religious victims whose rights and well-being are being trampled upon,” Krehely argues. “The PMW case before the United States Supreme Court should be about the need to maintain transparent and fair elections, and not about the trumped up and exaggerated charges of voter intimidation.”

But conservatives are busy blaming the victims for the very kind of behavior that “the anti-LGBT ballot fights that groups such as PMW are starting.”

Politics

Sen. Graham Comes Out As The Second Republican Lawmaker To Condemn Arizona’s Anti-Immigration Law

Today on MSNBC, Morning Joe host Joe Scarborough — who is also a former Republican congressman — took aim at Arizona’s draconian anti-immigration law, calling it “un-American“:

It does offend me that when one out of every three citizens in the state of Arizona are Hispanics, and you have now put a target on the back of one of three citizens who, if they’re walking their dog around a neighborhood, if they’re walking their child to school, and they’re an American citizen or a legal, legal immigrant, can now put a target on their back and make them think every time they walk out of their door, they may have to prove something. I will tell you that is un-American. It is unacceptable, and it’s un-American.

Watch it:

Another significant critic of the law also emerged today: Republican Sen. Lindsey Graham (SC). He joins Rep. Lincoln Diaz-Balart (R-FL) as the only other GOP federal lawmaker to outright condemn what Arizona is doing.

ThinkProgress has updated our table showing the GOP lawmakers who have publicly commented about the Arizona law and where they stand. Let us know if there’s anyone we missed.


FOR THE LAW NON-COMMITTAL AGAINST THE LAW
Rep. Brian Bilbray (R-CA): “They will look at the kind of dress you wear. There’s different type of attire. … There’s behavior things that professionals are trained in across the board. And this group shouldn’t be exempt from those observations as much as anybody else.” Rep. Jason Altmire (D-PA): “There are some parts of [the law], I think, that are going to be challenged. But again, states are free to approach issues however they wish. Arizona, I believe, felt that they had to go down this road because of the lack of federal enforcement.” Rep. Lincoln Diaz-Balart (R-FL): “I strongly disagree with the Arizona immigration law.”
Sen. Saxby Chambliss (R-GA): “[I]f that’s what the people of Arizona want to do, then certainly they have that right.” Rep. John Boehner (R-OH): “It has a 70 percent approval in Arizona and I think we ought to respect the people of Arizona and everyone should make their own decisions.” Sen. Lindsey Graham (R-SC): “It doesn’t represent the best way forward.”
Sen. James Inhofe (R-OK): “I don’t see anything wrong with that [the Arizona law].” Sen. Jon Kyl (R-AZ): “And my own view is until the federal government does our part back here by providing the resources that are necessary, and that could include, by the way, the financial resources to support National Guard troops on the border, then you are going to see more of this. It won’t just be the state of Arizona that passes laws like this.”
Rep. Darrell Issa (R-CA): “I think that Arizona has a point, which is the federal government has not done a good enough job. … And if it’s a message to the administration they need to do a better job, then a state has to right to send that message.” Sen. John McCain (R-AZ): “I haven’t had a chance to look at all the aspects, but I do understand why the Legislature would act.”
Rep. Steve King (R-IA):I commend Arizona for standing up for the Rule of Law and protecting American workers.” Sen. Mitch McConnell (R-KY): “I haven’t studied it.”

It’s noteworthy to point out that in addition to Diaz-Balart and Graham, one of the only other high-profile Republican to criticize the law is GOP Republican candidate Marco Rubio, who is Cuban-American like Diaz-Balart.

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