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Anti-Gay Groups Would Force Justice Thomas To Recuse From Health Care Litigation

Earlier this week, the Ninth Circuit announced the three judge panel which will hear the appeal of Judge Vaughn Walker’s decision striking down Prop 8. The panel includes a judge who is widely expected to affirm Walker’s decision — Judge Stephen Reinhardt.  Almost immediately, anti-gay groups responded to this announcement by demanding that Reinhardt recuse himself because of his wife’s role with the ACLU.  Reinhardt’s wife, Ramona Ripston, heads the ACLU of Southern California, which has been an outspoken opponent of Prop 8 and which praised Judge Walker’s decision.

Yet, the right might want to think a little harder about one of the arguments the anti-gay groups raised in their motion seeking Reinhardt’s recusal (a motion which he has since denied), since the same argument would apply to more famous judge in an even more famous lawsuit:

Judge Reinhardt must recuse because “his spouse … [i]s known by the judge to have an interest that could be substantially affected by the outcome of the proceeding.” Ms. Ripston is “responsible for all phases of [ACLU/SC’s] programs,” and under her direction the organization has put Proposition 8 “at the forefront of [its] civil-rights agenda, sparing no effort to defeat Prop. 8 [and] challenge its passage,” Most importantly, as we have explained, the ACLU/SC’s effort to invalidate Proposition 8 has extended to advocating that result in this very case.

It is thus plain that Ms. Ripston has an avowed interest in seeing Proposition 8 invalidated, an interest that unquestionably will be substantially affected by the outcome of this proceeding. Because this is so, it is immaterial whether or not Ms. Ripston’s interest is financial, and Judge Reinhardt must recuse.

Judge Reinhardt, of course, is not the only judge whose wife is an outspoken supporter of a case that was making its way to her husband’s court.  Supreme Court spouse Ginni Thomas leads a Tea Party group called Liberty Central (although there are mixed reports suggesting that she may step down), which vigorously opposes the Affordable Care Act.  She even initially signed onto a memo calling the Act unconstitutional, although her name was later pulled from that memo following news reports that she was raising ethical issues for her husband.  If the mere fact that Ripston endorsed a certain outcome in the Prop 8 case requires her husband’s recusal from that case — as the anti-gay groups claim — then Justice Thomas has no business coming within ten feet of the Affordable Care Act litigation.

Yglesias

Jobs By Sector (an Exercise in Austro-Keynesianism)

An excellent chart from Jacob Goldstein shows where jobs were lost during the recession and what kind of rebound we’ve had:

So this shows us a few things. One is to underscore the oddness of Naryan Kocherlakota’s observation that “the Fed does not have a means to transform construction workers into manufacturing workers.” It’s true, they don’t. But the biggest source of job losses is that we’ve transformed manufacturing workers into unemployed people, and the Fed really should have a means to transform the vast majority of unemployed manufacturing workers into employed manufacturing workers.

And this is how it looks across the board. You do have a big hit to finance and a bigger hit to construction, but the combined finance & construction share of the job losses is less than 50 percent. The manufacturing, retail, administration, leisure & hospitality, professional services, and transportation sectors all went down when aggregate spending went down and have recovered weakly as aggregate demand recovered weakly.

Policies that boosted aggregate would have majorly mitigated these losses.

The construction and state/local pictures, meanwhile, should be separated from finance. You could have eliminated the state/local losses via revenue sharing, or you might have deemed that to be an undesirable policy. Similarly with construction. Many, though not all, of these construction workers who’ve been sitting around collecting unemployment checks could instead have been paid to construct things. That could mean weatherization retrofits, it could mean mean train tracks, it could mean large obelisks. Spending money on construction projects at the pace and scale needed to put half of these people to work would have in practice entailed undertaking some low-social-value projects. But would the social value have been lower than the social value of having the unemployed workers do nothing? I don’t see it.

We’re experiencing a massive and largely avoidable plague of idless in which the country is producing far fewer goods and services than it is capable of producing.

Politics

Bush Officials Celebrate Tax Cut ‘Trap’ They Laid Nine Years Ago

As debate rages in Washington over the Bush tax cuts, set to expire at the end of this year, the Bush administration officials who initiated the steep tax cuts are celebrating what they see as an apparent victory, since signs point to a temporary extension of all the cuts. The Daily Beast’s Howard Kurtz interviewed Dan Bartlett, Bush’s former communications director, and Andy Card, Bush’s former chief of staff, among others, and they were pleased at how the expiration debate has played out:

“We knew that, politically, once you get it into law, it becomes almost impossible to remove it,” says Dan Bartlett, Bush’s former communications director. “That’s not a bad legacy. The fact that we were able to lay the trap does feel pretty good, to tell you the truth.” [...]

[Democrats] are definitely on the defensive,” Card says. “The fact that the 10-year clock ran out now had a big impact on the election.”

As Media Matters notes, former Bush senior adviser Karl Rove went on Fox News this week and further laid the proverbial trap, saying “without a hint of self-awareness” that “we’ve known this was going to be happening for a decade,” while lamenting the Democrats’ inaction.

When the tax cuts were enacted, with an expiration date, Republicans and Bush officials understood the political advantages of the “fiscal time bomb” they were setting. As Kurtz puts it: “At some point in the way distant future, Democrats could be accused of raising taxes if they tried to undo the Bush breaks and return to Clinton-era levels of taxation.” Democrats understood this, too: Sen. Kent Conrad (D-ND) told the Washington Post at the time that “[Bush is] going to be out of office when the roof falls in.”

There was a more sinister motive for sunsetting the tax cuts beyond politics, as well. It allowed the administration to pass the bill with a lower vote count in the Senate than would otherwise be necessary. Card freely admits to Kurtz that the administration wanted “the law to be permanent but couldn’t muster the votes to trump the Byrd Rule,” which would have required a 60-vote margin for a measure that significantly increases the federal deficit more than 10 years in the future. By setting the tax cuts to expire just short of ten years, the measure passed with 58 votes.

The various sunsets also hid the true cost of the bill. As Paul Krugman wrote at the time: “The administration, knowing that its tax cut wouldn’t fit into any responsible budget, pushed through a bill that contains the things it wanted most — big tax cuts for the very, very rich — and used whatever accounting gimmicks it could find to make the overall budget impact seem smaller than it is.”

Such deception and fiscal irresponsibility hardly seem cause for celebration. But because it appears that all of the tax cuts will once again be extended, resetting the fiscal time bomb in spite of public opposition, perhaps these Bush officials are justified in their mirth.

Climate Progress

Disclosure of chemicals in gas fracking advances

This week brought some important advances in the campaign to give the public access to information on chemicals used in the hydraulic fracturing of oil and gas wells.  CAP’s Tom Kenworthy has the story.

Interior Secretary Ken Salazar strongly suggested that a policy overhaul at his department would include new requirements for public disclosure of  chemicals used on federal lands that contain 11% of U.S. natural gas reserves. And three energy industry trade groups announced they will support efforts to create a registry where oil and gas companies can voluntarily post – well by well – what chemicals they use.

Read more

Yglesias

GDP Growth, Not Spending Restraint, Is Key to Moderating Health’s Share of the Economy

Aaron Carroll delivers on my suspicion that the flatlining of health care spending as a percent of GDP in the 1990s is mostly about rapid GDP growth during that decade:

There was a moderation of the rate of increase in the nineties, but clearly growth as such is playing a big role here. This is sort of an obvious point, but the implication is that the debate over “health care costs” is a little bit misguided. Making it easier for English-speaking college graduates to move to the United States would reduce health spending as a share of GDP, but it’s not something a blue-ribbon commission on health care costs is going to come up with.

Update

Kevin Drum says he looked at this by superimposing recessions and that makes it look like underlying growth isn’t the key. So maybe I’m wrong. I’ll revisit this subject next week.

Yglesias

Mental Prisoner of the Congress

An except from the President’s statement on the Simpson/Bowles Commission:

This morning, my budget director, Jack Lew, spoke with Chairman Bowles and invited the entire Commission in to meet with him and Secretary Geithner to discuss the Commission’s proposals. Overall, my goal is to build on the steps we’ve already taken to reduce our deficit, like slowing the growth of health care costs, proposing a three-year freeze in non-security discretionary spending and a two-year pay freeze for federal civilian workers, and restoring the rule that we pay for all of our priorities.

I have various disagreements with this, but I think this also illustrates the extent to which the former-Senator President his senior staff full of former legislative aids have become mental prisoners of the legislative process. “Restoring the rule that we pay for all of our priorities” is a references to re-adopting statutory PAYGO rules in the congressional process. That might or might not be a good idea, but if the President does think it’s a good idea he can adopt the same thing unilaterally. He just needs to say “I will veto any bill that increases the deficit relative to current law.”

He needs to really, really mean it. When people say “what about the AMT patch?” he could say “I’m for AMT patches, but only if they’re paid for.” When people say “what about the Bush tax cuts?” he could say “I’m for middle class tax cuts, but only if they’re paid for.” When people say “whata bout the doc fix?” he could say “I’m against cutting Medicare reimbursement rates, but only if it’s paid for.” Repeat that enough times and suddenly it becomes congress’ problem. Congress wants an AMT patch? Fine, then congress needs to pay for it. There are lots of things the President can’t do in the legislative process, but refusing to sign deficit-increasing bills is something he definitely can do.

Update

45712, 45103

Security

Anti-Immigrant ALIPAC Advises Supporters To Lie About Where They Live When Calling Congress

Over the past week, the anti-immigrant group, Americans for Legal Immigration PAC (ALIPAC), has been urging its followers to flood Congress with phone calls demanding lawmakers vote “no” on the DREAM Act. ALIPAC’s president, William Gheen, ordered “Call your own representatives then call them all or as many as you can! When the offices close, fill those voice mail systems!”

However, due to the fact that Gheen is telling people to call as many offices as possible — regardless of whether they are a constituent of the respective representative or not — some of those calls are being met with skepticism. One commenter complained, “called, aide asked where I’m from, I didn’t have zip or town. Told aide about illegal aliens calling in favor of Dream, and legal U.S. citizens should have more say, evn [sic] if out-of-state.” Another similarly wrote, “All of the email forms, ask for zipcodes. They may be going through anyway but I get notices saying they cannot respond to those outside the district. I am warning them, though, about the deluge of lobbying from non-citizens.” Finally, a fellow commentator advised, “Here are a few with their zip codes: Don’t forget to block your calls *67, I hope it is free. I have been told by two different people that it is free to block your number.” A commenter affirmed, “Yes, that is what I do when I have a local office address, I just use that town and zip.”

Today, ALIPAC officially announced that it was sharing a list of zip codes for their supporters to provide when calling into offices of lawmakers who don’t represent them:

NEW TIP: We have added towns and zips of district offices beneath the DC contact info. If a staffer challenges you for town and zip to disuade [sic] your call, you may give them the ones we provide or you can say “If you are listening to illegal aliens today, you can listen to me because I am an American.”

There’s nothing wrong with grassroots advocacy that’s focused on putting pressure on key lawmakers. However, actually calling Congressional offices and pretending to be a constituent isn’t just disingenuous, it disrupts the democratic process. In other words, lawmakers may be duped into thinking an overwhelming majority of their constituents stand strongly against a policy when the people who are calling their office make up a small, vocal minority that doesn’t even live in their district.

In reality, many of the constituents lawmakers represent probably do support the DREAM Act. Polls show that 70 percent of all Americans do.

Politics

Lieberman: McCain’s Past Positions On DADT ‘Suggest’ He’s ‘Changing Standards’ On Repeal

Sen. John McCain (R-AZ) has been all over the map on whether Don’t Ask, Don’t Tell should be repealed. In 2006, he said he would defer to military leaders, but when military leaders said it should be repealed, he said there should be a Pentagon study. Now that the Pentagon released its report, finding that DADT can be repealed in a way that won’t hurt the military, a grumpy McCain is inventing new reasons to oppose repeal. Last night on CNN, host Anderson Cooper asked McCain’s good friend Sen. Joe Lieberman (I-CT) — a lead sponsor of repealing DADT — if McCain is “moving the goalpost“:

COOPER: Has he been moving the goalpost here?

LIEBERMAN: Well, I — John is my good friend, but I disagree with him on this. And the tapes you played suggest changing standards here. I mean, in my opinion —

COOPER: So you do think that he’s changed his standings, that he’s moved the goalpost.

LIEBERMAN: I think the question that John raised today has been answered in this survey. Two-thirds of the American military, a little more than that, say that they don’t think repealing “don’t ask, don’t tell” will have any effect on military effectiveness, and most importantly, 92 percent of the American military who feel that they have served with somebody gay or lesbian in their own unit say that it has simply not been a problem.

Watch it:

Comedy Central’s Jon Stewart last night also observed that McCain keeps moving the goalpost on DADT, comparing the Arizona senator to the Black Knight from Monty Python’s “The Holy Grail.”

Yglesias

The Trouble With Fiscal Stimulus

There’s been a fair amount of blogospheric bemoaning of the failure of policymakers to adequately embrace the idea of fiscal stimulus as a macroeconomic stabilization policy. And as readers know, I’m very sympathetic to that point of view. But at some point when your side of the argument fails to carry the day, you do need to start thinking about why you’re not persuading people.

And in this case, I think the problem is pretty clear: In the absence of broad political consensus about the appropriate size and scope of the public sector, efforts at fiscal expansion will necessarily get bound up with these debates. For example, many liberals view the idea of a payroll tax holiday with suspicion because they suspect the revenue losses will provide further grist for the argument that Social Security is “bankrupt” and benefits need to be cut. Conversely, conservatives are reluctant to support “temporary” increases in the generosity of social welfare programs out of fear that in the future allowing those increases to expire will be characterized as a “cut.”

Or at the state and local level, anyone who’s thinking seriously about the issue ought to see that the middle of a recession is a terrible time to implement major cutbacks in public spending. But at the same time, people who believe in good faith that state and local spending is above the optimal level will understandably agree with Rahm Emannuel that you don’t want to let a good crisis go to waste. After all, were center-left Keynesian economics bloggers issuing table-thumping condemnations of state and local spending increases in 2004-2007? Bemoaning the fact that we’d entered a new “dark age” of macroeconomic understanding where policymakers didn’t realize that under the circumstances states and municipalities ought to be trimming its workforce and accumulating huge surpluses? I think I missed that.

It seems to me that Germany and Sweden entered the recession with less Keynesian political cultures, but more consensus about the long-term equilibrium level of public spending. And not coincidentally, both of those countries did a much better job of executing the “stimulus in the downturn, then move to consolidation when growth returns” move than America has.

So the practical problem facing proponents of a large fiscal role in stabilization is to come up with ideas that work given this setting. That means, I think, doing something to stop state and local fiscal policy from being pro-cyclical and it means doing something to elaborate rule-based monetary policy measures for when nominal interest rates are close to zero.

Economy

Republicans Claim Lousy Jobs Report Means Bush Tax Cuts For The Rich Must be Extended

Today’s jobs report from the Bureau of Labor Statistics paints an ugly picture of lackluster job creation and increasing long-term unemployment. The Federal Reserve — which is taking its own steps to boost employment after dithering for months — has been reduced to pleading with Congress for further fiscal stimulus, in the hopes of averting an even longer jobs slog.

So, naturally, Congress is spending the day debating whether or not the richest two percent of Americans should receive a tax cut (in addition to the tax cut they will receive on their first $250,000 in income if, as everyone in Congress wants, tax rates are extended for the lower- and middle-classes). In fact, many House Republicans are claiming that the richest two percent of Americans desperately need a tax cut because of the bad jobs report:

House Minority Leader John Boehner (R-OH): Any sign of job growth in this struggling economy is encouraging, but clearly no match for the uncertainty families and small businesses are facing, which is why we must cut spending and stop all the looming tax hikes.

House Minority Whip Eric Cantor (R-VA): Today’s jobs report marks the 19th consecutive month in which unemployment has exceeded nine percent — an unacceptable result. We must do everything possible to bring that number down and get people back to work by ending the uncertainty that is plaguing the private sector. To start, Congress should reassure job creators and investors by taking the impending tax hikes off the table.

Rep. Mike Pence (R-IN): Today’s heartbreaking unemployment report should be yet another wake-up call to Democrats that raising taxes in the middle of the worst economy in 25 years is a mistake. Higher taxes on America’s small businesses won’t get anyone hired. I call on Washington Democrats to abandon their plan to raise taxes on small businesses and get America back to work.

Rep. Tom Price (R-GA): Nationwide, the unemployment rate has stayed at 9.4 percent or higher for 19 straight months. Yet instead of sensible policies to encourage private sector job creation, Democrats have pushed one job-killing idea after another…Well, higher taxes don’t hire Americans.

Sens. Mitch McConnell (R-KY) and Orrin Hatch (R-UT) took this line of thinking to the Senate floor today. Watch it:

Of course, there was no attempt on the part of these Republicans to grapple with the fact that the Bush tax cuts ushered in the weakest period of job growth in the post-war period, or that the Congressional Budget Office ranks extending the Bush tax cuts as the least effective tax measure for promoting economic growth.

As former Reagan budget director David Stockman said, today’s GOP has succumbed to the “theology” of tax cuts: “After 1985, the Republican Party adopted the idea that tax cuts can solve the whole problem, and that therefore in the future, deficits didn’t matter and tax cuts would be the solution of first, second, and third resort.”

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