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Alito Could Have Been Stopped: Why Dems Should Have Filibustered the Radical Print
Thursday, 03 July 2014 15:50

Parton writes: "For unadulterated partisanship dressed up as scholarship there are none with as perfect a record as Justice Alito."

Supreme Court Justice Samuel Alito. (photo: Andrew Councill/AFP/Getty Images)
Supreme Court Justice Samuel Alito. (photo: Andrew Councill/AFP/Getty Images)


Alito Could Have Been Stopped: Why Dems Should Have Filibustered the Radical

By Heather Digby Parton, Salon

03 June 14

 

The man who has wreaked havoc on this country could have been avoided altogether. Here's why it never happened

ne of the biggest “tells” in our modern political life is the extent to which the mere mention that Justice Samuel Alito will deliver the majority opinion in a Supreme Court case strikes terror into the hearts of anyone who isn’t to the right of, well … Samuel Alito.

Sure, an opinion written by Clarence Thomas is sure to be ultra-conservative, but there are enough examples of his idiosyncratic approach that there’s always the possibility that he’s gone off the reservation. And yes, Scalia writing a majority opinion is almost always bad news, but every once in a while he comes in on the libertarian side of the dial so there’s always a sliver of hope. Chief Justice Roberts can cobble together an opinion with a little bit to like and hate for both sides from time to time.

All of them are staunch conservatives whom liberals have no reason to be happy to see delivering a majority opinion. But for unadulterated partisanship dressed up as scholarship there are none with as perfect a record as Justice Alito. He’s purely partisan, without deviation. And he’s also very, very smart, confidently delivering the now predictable one-two punch whereby the conservative majority only partly strikes down long-standing precedent while signaling to the conservative legal community exactly what they’ll need in future cases to blow the whole thing to smithereens.

This excellent Alito profile by Ian Millheiser at Think Progress featured this dramatic conclusion showing just how formidable a right-wing judicial assassin he really is:

In 2005, When President George W. Bush announced Alito’s nomination to the Supreme Court, he praised his nominee as someone who “understands that judges are to interpret the laws, not to impose their preferences or priorities on the people.” Less than a decade later, Alito rewrote American religious liberty law, and he did so despite an explicit statement by Congress indicating that Hobby Lobby should have come down the other way. Along the road to Hobby Lobby, Alito made the workplace a harsher, meaner place for women. He inspired talking points for Ted Cruz. And he has an unblemished record as the most committed partisan on the Court.

Alito is 64 years old, young by Supreme Court justice standards, and has a lifetime appointment.

Reading that quote about not imposing “preferences or priorities” from George W. Bush one couldn’t help harkening back to the earlier day when he nominated his close associate Harriet Miers and was immediately put in his place by his bosses in the conservative movement. Recall that his close advisor Ann Coulter said at the time:

[S]ome jobs are so dirty, you can only send in someone who has the finely honed hatred of liberals acquired at elite universities to do them … Conservatives from elite schools have already been subjected to liberal blandishments and haven’t blinked. These are right-wingers who have fought off the best and the brightest the blue states have to offer. The New York Times isn’t going to mau-mau them — as it does intellectual lightweights like Jim Jeffords and Lincoln Chafee — by dangling fawning profiles before them. They aren’t waiting for a pat on the head from Nina Totenberg or Linda Greenhouse. To paraphrase Archie Bunker, when you find a conservative from an elite law school, you’ve really got something. However nice, helpful, prompt and tidy she is, Harriet Miers isn’t qualified to play a Supreme Court justice on “The West Wing,” let alone to be a real one.

The qualification, you’ll note, wasn’t the allegedly superior law school degree but rather the “finely honed hatred of liberals.” Bush listened, he learned, and he nominated Alito, a hardcore right-winger best known for his view that strip searching 10-year-old girls without a warrant was perfectly acceptable. Liberals everywhere went ballistic. After all, the justice he was replacing was Sandra Day O’Connor, a moderate swing vote, not a rigid ideologue as he clearly was. The court’s tilt to the right would be precipitous.

Since the Senate was then in Republican hands, petitions went out, calls were made, all the liberal organizations from People for the American Way to MoveOn to the liberal blogosphere mobilized their members to tell their Democratic senators to filibuster this nominee. Sen. John Kerry announced his intention to do it and was joined by others including then Sens. Barack Obama and Hillary Clinton. It was considered a very aggressive move but it was the only way to prevent a decades-long right-wing majority on the Supreme Court.

The conservative movement and its propaganda arm mobilized as well and launched one of the most impressive manufactured hissy fits ever seen in the halls of Congress, much of it led by the lugubrious and overwrought senator from South Carolina, Lindsey Graham:

The most dramatic moment of the day came when the judge’s wife, Martha-Ann Bomgardner, who had been sitting behind him, left the hearing room in tears. She left when Senator Lindsey Graham (R-S.C.) was apologizing to Alito for his treatment by the opposition. Graham, who was present at a White House preparation session for Alito, mocked Democrats for their relentless questioning about the Princeton group by asking Alito rhetorically if he is “really a closet bigot.” After Alito replied that he is “not any kind of a bigot,” Graham continued: “Guilt by association is going to drive good men and women away from wanting to sit where you’re sitting…. Judge Alito, I am sorry that you’ve had to go through this. I am sorry that your family has had to sit here and listen to this.”

After a break, the judge escorted his wife back in. Conservatives seized on the incident to complain about Democratic “bullying,” and said they plan to make the incident a cause celebre. “When will the media shame these people for their behavior?” Sean Rushton, executive director of the administration-friendly Committee for Justice, asked in a blast e-mail to journalists. The always-alert Creative Response Concepts, a conservative public relations firm, sent this bulletin: “Former Alito clerk Gary Rubman witnessed Mrs. Alito leaving her husband’s confirmation in tears and is available for interviews, along with other former Alito clerks who know her personally and are very upset about this development.”

If there had been any hope for a filibuster, it went down the drain with Mrs. Alito’s crocodile tears. Nineteen Democrats crossed the aisle to defeat the filibuster. The political establishment congratulated them on their decorum, emphasizing how important it was that a president be allowed to choose the judiciary of his choice during his term.

Then along came Barack Obama:

It got so bad that the Senate ended the filibuster of court nominees altogether. The federal bench was turning into a ghost town. (It’s true that Republicans generously allowed Obama to replace two retiring liberals on the court with liberals. It’s not hard to imagine what they would have done if he tried to replace one of the others, however, is it?)

Imagine if those 19 Democrats hadn’t crossed the aisle that day and the filibuster had held? Yes, they would certainly have been roundly excoriated by the Beltway Tabbies who insist that the only thing that matters is good manners (an admonition to which only Democrats ever pay attention). Imagine if they had demanded that Bush appoint someone with a more moderate record to replace O’Connor? Imagine if they’d played the same game that the Republicans have mastered — “do as I do, not as I say?” We’d be looking at a different America today — and for decades to come.

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Ruth Bader Ginsburg: After Brilliant Hobby Lobby Dissent, Time to Let Obama Appoint Successor? Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=27989"><span class="small">Elias Isquith, Salon</span></a>   
Thursday, 03 July 2014 15:43

Isquith writes: "If you're determined to find the silver lining, you could find some comfort that the latest landmark ruling from the court's conservative majority gave Justice Ruth Bader Ginsburg another chance to solidify her position as a liberal hero with another fiery dissent."

(photo: file)
(photo: file)


Ruth Bader Ginsburg: After Brilliant Hobby Lobby Dissent, Time to Let Obama Appoint Successor?

By Elias Isquith, Salon

03 July 14

 

A brilliant Hobby Lobby dissent reinforces iconic status. But stepping down might be her last best gift to the left

s I wrote on Monday, there is essentially nothing good about the Hobby Lobby decision recently delivered by the Supreme Court. But if you’re determined to find the silver lining, you could find some comfort that the latest landmark ruling from the court’s conservative majority gave Justice Ruth Bader Ginsburg another chance to solidify her position as a liberal hero with another fiery dissent.

Yet while the growing cult of the Notorious RBG is a well-deserved testament to her brilliance as a jurist and talent as a writer, it ignores an uncomfortable reality about this current moment in the politics of the Supreme Court. Namely, the celebrations of her brilliance fail to recognize that the best thing Ruth Bader Ginsburg could do for the liberal movement right now is, arguably, to call an end to a sterling and trailblazing legal career and step down from the court.

That Ginsburg — who is 81 years old and a two-time cancer survivor — may not be able to serve on the high court as long as she would like is well-known. Indeed, ever since it became obvious that Republicans were going to oppose President Obama whenever possible, and especially since they took control of the House of Representatives, the question of what Ginsburg “should” do has been ongoing and unresolved. As recently as March, Isaac Chotiner of the New Republic argued forcefully that she should step down as soon as possible in order to ensure that Democratic president and Senate could pick her successor. He was opposed by two Slate writers, Dahlia Lithwick and Emily Bazelon, both of whom essentially argued that Ginsburg was too valuable an asset — and the nomination process too unpredictable a venture — to risk her voice. And, of course, there’s also the question of whether sexism plays a role in calls for Ginsburg to retire, and whether a male justice in similar circumstances would likely be asked to do the same.

The basic dividing line between the two camps is the question of whether Ginsburg’s retirement would truly make it easier for Democrats to ensure that the current slim right-wing majority that dominates the court doesn’t soon become even stronger. The nightmare scenario, of course, is that Ginsburg stays on for the entirety of Obama’s second term, but finds herself unable to hold on throughout a four or eight-year Ted Cruz or Rand Paul administration, leaving a space on the court wide-open for the GOP to nominate Janice Roger Brown or, if it’s possible, someone even worse. The only responsible solution, Chotiner and his fellow travelers believe, is for Ginsburg not to take that chance and to let Obama pick her successor now, before Republicans win back the Senate or even the White House.

What’s implicit in this argument, though, is the belief that a Supreme Court opening in 2014 — assuming the slender likelihood that Democrats hold onto the Senate for 2015 and 2016, too — could be filled by the president with a candidate of his choosing, as has been the case more or less for the entirety of U.S. history.

On this point, Lithwick, Bazelon and Salon’s Joan Walsh are, to varying degrees, not so sure. In a piece from October of last year that praised Ginsburg for her refusal to retire, Walsh claims that the justice is right to believe “there’s no guarantee Obama could get a nominee confirmed” in today’s dysfunctional and viciously partisan Senate. Similarly, Lithwick has pointed to the failed nomination of Debo Adegbile and the failing nomination of Vivek Murthy as proof that Democrats lack the will and the courage to push through controversial nominees — as any judge picked by Obama to sit on the Supreme Court will, regardless of his or her actual record, doubtless be. “I’m not naive enough to suppose that a bird in the hand is always the answer,” Lithwick writes, “but the fact that President Obama can’t get a civil rights lawyer confirmed to a civil rights position in this political climate or seat a surgeon general who believes gun deaths are connected to public health tells me that the argument that he could easily confirm a Ginsburg 2.0 is naive as well.”

Ultimately, how you feel about what Justice Ginsburg should do will hinge on just how broken you think the U.S. Senate (and by extension American government itself) really is. If you’re the kind to believe that, when it comes to working with Congress, the president is already a lame duck, there’s indeed little reason to think that losing the most beloved liberal jurist of her generation would be a net-plus for the left.

The court would simply go from having a 5-4 conservative majority to having a 5-3-and-TBD conservative majority, with the unwelcome side effect of having the admirable but somewhat squishy Stephen Breyer as the liberal wing’s new de facto chief.

But if you believe that Senate Democrats were right not to extend the “nuclear option” of 2013 to Supreme Court nominees — believing, as they did, that Republicans would never go so far as to refuse to allow a president to make his own choice — then the argument for playing it safe and replacing Ginsburg with someone younger and healthier is hard to beat.

For what it’s worth, though, the only person whose decision on this question really matters has firmly got her mind made up. Ginsburg is not only unworried about her ability to continue doing her job, but she is seemingly just as confident that, even if something unfortunate happens after Obama’s left the White House, the next president will be someone with a worldview similar to her own. “I think it’s going to be another Democratic president [in 2017],” Ginsburg told the Washington Post. “The Democrats do fine in presidential elections; their problem is they can’t get out the vote in the midterm elections.”

Let’s hope she’s right — because if she isn’t, her Obama-era legacy may turn out to be something considerably less inspiring than her latest brilliant dissent.

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The War on Workers Print
Thursday, 03 July 2014 15:41

Excerpt: "The real anomaly lies in according dissenters a right to refuse to pay for the union's services - services that cost money to deliver, and that put money in the pockets of all employees."

(photo: Neilson Barnard/Getty Images)
(photo: Neilson Barnard/Getty Images)


The War on Workers

By Cynthia Estlund, William E. Forbath, The New York Times

03 June 14

 

nions have never been uncontroversial in American society, but the battles over labor have grown fiercer in recent years: Witness the fight over public-employee unions in Wisconsin, or the 2012 decision by Michigan voters to join the ranks of “right to work” states.

On Monday a 5-to-4 majority of the Supreme Court fired its own salvo in the war on unions. Though its decision in Harris v. Quinn was narrow, saying that, in some cases, unions could not collect fees from one particular class of public employees who did not want to join, its language suggests that this may be the court’s first step toward nationalizing the “right to work” gospel by embedding it in constitutional law.

The petitioners in Harris were several home-care workers who did not want to join a union, though a majority of their co-workers had voted in favor of joining one. Under Illinois law, they were still required to contribute their “fair share” to the costs of representation — a provision, known as an “agency fee,” that is prohibited in “right to work” states.

READ MORE

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FOCUS | The Pitchforks Are Coming... For Us Plutocrats Print
Thursday, 03 July 2014 13:37

Hanauer reports: "Many of us think we're special because "this is America." We think we're immune to the same forces that started the Arab Spring-or the French and Russian revolutions, for that matter."

Nick Hanauer in front of a Mc'Donalds. (photo: Robbie McClaran/Redux Pictures)
Nick Hanauer in front of a Mc'Donalds. (photo: Robbie McClaran/Redux Pictures)


The Pitchforks Are Coming... For Us Plutocrats

By Nick Hanauer, Politico

03 July 14

 

SEE ALSO: Nick Hanauer's Latest Near Insane Economic Plan

ou probably don’t know me, but like you I am one of those .01%ers, a proud and unapologetic capitalist. I have founded, co-founded and funded more than 30 companies across a range of industries—from itsy-bitsy ones like the night club I started in my 20s to giant ones like Amazon.com, for which I was the first nonfamily investor. Then I founded aQuantive, an Internet advertising company that was sold to Microsoft in 2007 for $6.4 billion. In cash. My friends and I own a bank. I tell you all this to demonstrate that in many ways I’m no different from you. Like you, I have a broad perspective on business and capitalism. And also like you, I have been rewarded obscenely for my success, with a life that the other 99.99 percent of Americans can’t even imagine. Multiple homes, my own plane, etc., etc. You know what I’m talking about. In 1992, I was selling pillows made by my family’s business, Pacific Coast Feather Co., to retail stores across the country, and the Internet was a clunky novelty to which one hooked up with a loud squawk at 300 baud. But I saw pretty quickly, even back then, that many of my customers, the big department store chains, were already doomed. I knew that as soon as the Internet became fast and trustworthy enough—and that time wasn’t far off—people were going to shop online like crazy. Goodbye, Caldor. And Filene’s. And Borders. And on and on.

Realizing that, seeing over the horizon a little faster than the next guy, was the strategic part of my success. The lucky part was that I had two friends, both immensely talented, who also saw a lot of potential in the web. One was a guy you’ve probably never heard of named Jeff Tauber, and the other was a fellow named Jeff Bezos. I was so excited by the potential of the web that I told both Jeffs that I wanted to invest in whatever they launched, big time. It just happened that the second Jeff—Bezos—called me back first to take up my investment offer. So I helped underwrite his tiny start-up bookseller. The other Jeff started a web department store called Cybershop, but at a time when trust in Internet sales was still low, it was too early for his high-end online idea; people just weren’t yet ready to buy expensive goods without personally checking them out (unlike a basic commodity like books, which don’t vary in quality—Bezos’ great insight). Cybershop didn’t make it, just another dot-com bust. Amazon did somewhat better. Now I own a very large yacht.

But let’s speak frankly to each other. I’m not the smartest guy you’ve ever met, or the hardest-working. I was a mediocre student. I’m not technical at all—I can’t write a word of code. What sets me apart, I think, is a tolerance for risk and an intuition about what will happen in the future. Seeing where things are headed is the essence of entrepreneurship. And what do I see in our future now?

I see pitchforks.

At the same time that people like you and me are thriving beyond the dreams of any plutocrats in history, the rest of the country—the 99.99 percent—is lagging far behind. The divide between the haves and have-nots is getting worse really, really fast. In 1980, the top 1 percent controlled about 8 percent of U.S. national income. The bottom 50 percent shared about 18 percent. Today the top 1 percent share about 20 percent; the bottom 50 percent, just 12 percent.

But the problem isn’t that we have inequality. Some inequality is intrinsic to any high-functioning capitalist economy. The problem is that inequality is at historically high levels and getting worse every day. Our country is rapidly becoming less a capitalist society and more a feudal society. Unless our policies change dramatically, the middle class will disappear, and we will be back to late 18th-century France. Before the revolution.

And so I have a message for my fellow filthy rich, for all of us who live in our gated bubble worlds: Wake up, people. It won’t last.

If we don’t do something to fix the glaring inequities in this economy, the pitchforks are going to come for us. No society can sustain this kind of rising inequality. In fact, there is no example in human history where wealth accumulated like this and the pitchforks didn’t eventually come out. You show me a highly unequal society, and I will show you a police state. Or an uprising. There are no counterexamples. None. It’s not if, it’s when.

Many of us think we’re special because “this is America.” We think we’re immune to the same forces that started the Arab Spring—or the French and Russian revolutions, for that matter. I know you fellow .01%ers tend to dismiss this kind of argument; I’ve had many of you tell me to my face I’m completely bonkers. And yes, I know there are many of you who are convinced that because you saw a poor kid with an iPhone that one time, inequality is a fiction.

Here’s what I say to you: You’re living in a dream world. What everyone wants to believe is that when things reach a tipping point and go from being merely crappy for the masses to dangerous and socially destabilizing, that we’re somehow going to know about that shift ahead of time. Any student of history knows that’s not the way it happens. Revolutions, like bankruptcies, come gradually, and then suddenly. One day, somebody sets himself on fire, then thousands of people are in the streets, and before you know it, the country is burning. And then there’s no time for us to get to the airport and jump on our Gulfstream Vs and fly to New Zealand. That’s the way it always happens. If inequality keeps rising as it has been, eventually it will happen. We will not be able to predict when, and it will be terrible—for everybody. But especially for us.

The most ironic thing about rising inequality is how completely unnecessary and self-defeating it is. If we do something about it, if we adjust our policies in the way that, say, Franklin D. Roosevelt did during the Great Depression—so that we help the 99 percent and preempt the revolutionaries and crazies, the ones with the pitchforks—that will be the best thing possible for us rich folks, too. It’s not just that we’ll escape with our lives; it’s that we’ll most certainly get even richer.

The model for us rich guys here should be Henry Ford, who realized that all his autoworkers in Michigan weren’t only cheap labor to be exploited; they were consumers, too. Ford figured that if he raised their wages, to a then-exorbitant $5 a day, they’d be able to afford his Model Ts.

What a great idea. My suggestion to you is: Let’s do it all over again. We’ve got to try something. These idiotic trickle-down policies are destroying my customer base. And yours too.

It’s when I realized this that I decided I had to leave my insulated world of the super-rich and get involved in politics. Not directly, by running for office or becoming one of the big-money billionaires who back candidates in an election. Instead, I wanted to try to change the conversation with ideas—by advancing what my co-author, Eric Liu, and I call “middle-out” economics. It’s the long-overdue rebuttal to the trickle-down economics worldview that has become economic orthodoxy across party lines—and has so screwed the American middle class and our economy generally. Middle-out economics rejects the old misconception that an economy is a perfectly efficient, mechanistic system and embraces the much more accurate idea of an economy as a complex ecosystem made up of real people who are dependent on one another.

Which is why the fundamental law of capitalism must be: If workers have more money, businesses have more customers. Which makes middle-class consumers, not rich businesspeople like us, the true job creators. Which means a thriving middle class is the source of American prosperity, not a consequence of it. The middle class creates us rich people, not the other way around.

On June 19, 2013, Bloomberg published an article I wrote called “The Capitalist’s Case for a $15 Minimum Wage.” Forbes labeled it “Nick Hanauer’s near insane” proposal. And yet, just weeks after it was published, my friend David Rolf, a Service Employees International Union organizer, roused fast-food workers to go on strike around the country for a $15 living wage. Nearly a year later, the city of Seattle passed a $15 minimum wage. And just 350 days after my article was published, Seattle Mayor Ed Murray signed that ordinance into law. How could this happen, you ask?

It happened because we reminded the masses that they are the source of growth and prosperity, not us rich guys. We reminded them that when workers have more money, businesses have more customers—and need more employees. We reminded them that if businesses paid workers a living wage rather than poverty wages, taxpayers wouldn’t have to make up the difference. And when we got done, 74 percent of likely Seattle voters in a recent poll agreed that a $15 minimum wage was a swell idea.

The standard response in the minimum-wage debate, made by Republicans and their business backers and plenty of Democrats as well, is that raising the minimum wage costs jobs. Businesses will have to lay off workers. This argument reflects the orthodox economics that most people had in college. If you took Econ 101, then you literally were taught that if wages go up, employment must go down. The law of supply and demand and all that. That’s why you’ve got John Boehner and other Republicans in Congress insisting that if you price employment higher, you get less of it. Really?

Because here’s an odd thing. During the past three decades, compensation for CEOs grew 127 times faster than it did for workers. Since 1950, the CEO-to-worker pay ratio has increased 1,000 percent, and that is not a typo. CEOs used to earn 30 times the median wage; now they rake in 500 times. Yet no company I know of has eliminated its senior managers, or outsourced them to China or automated their jobs. Instead, we now have more CEOs and senior executives than ever before. So, too, for financial services workers and technology workers. These folks earn multiples of the median wage, yet we somehow have more and more of them.

The thing about us businesspeople is that we love our customers rich and our employees poor. So for as long as there has been capitalism, capitalists have said the same thing about any effort to raise wages. We’ve had 75 years of complaints from big business—when the minimum wage was instituted, when women had to be paid equitable amounts, when child labor laws were created. Every time the capitalists said exactly the same thing in the same way: We’re all going to go bankrupt. I’ll have to close. I’ll have to lay everyone off. It hasn’t happened. In fact, the data show that when workers are better treated, business gets better. The naysayers are just wrong.

Most of you probably think that the $15 minimum wage in Seattle is an insane departure from rational policy that puts our economy at great risk. But in Seattle, our current minimum wage of $9.32 is already nearly 30 percent higher than the federal minimum wage. And has it ruined our economy yet? Well, trickle-downers, look at the data here: The two cities in the nation with the highest rate of job growth by small businesses are San Francisco and Seattle. Guess which cities have the highest minimum wage? San Francisco and Seattle. The fastest-growing big city in America? Seattle. Fifteen dollars isn’t a risky untried policy for us. It’s doubling down on the strategy that’s already allowing our city to kick your city’s ass.

It makes perfect sense if you think about it: If a worker earns $7.25 an hour, which is now the national minimum wage, what proportion of that person’s income do you think ends up in the cash registers of local small businesses? Hardly any. That person is paying rent, ideally going out to get subsistence groceries at Safeway, and, if really lucky, has a bus pass. But she’s not going out to eat at restaurants. Not browsing for new clothes. Not buying flowers on Mother’s Day.

Is this issue more complicated than I’m making out? Of course. Are there many factors at play determining the dynamics of employment? Yup. But please, please stop insisting that if we pay low-wage workers more, unemployment will skyrocket and it will destroy the economy. It’s utter nonsense. The most insidious thing about trickle-down economics isn’t believing that if the rich get richer, it’s good for the economy. It’s believing that if the poor get richer, it’s bad for the economy.

I know that virtually all of you feel that compelling our businesses to pay workers more is somehow unfair, or is too much government interference. Most of you think that we should just let good examples like Costco or Gap lead the way. Or let the market set the price. But here’s the thing. When those who set bad examples, like the owners of Wal-Mart or McDonald’s, pay their workers close to the minimum wage, what they’re really saying is that they’d pay even less if it weren’t illegal. (Thankfully both companies have recently said they would not oppose a hike in the minimum wage.) In any large group, some people absolutely will not do the right thing. That’s why our economy can only be safe and effective if it is governed by the same kinds of rules as, say, the transportation system, with its speed limits and stop signs.

Wal-Mart is our nation’s largest employer with some 1.4 million employees in the United States and more than $25 billion in pre-tax profit. So why are Wal-Mart employees the largest group of Medicaid recipients in many states? Wal-Mart could, say, pay each of its 1 million lowest-paid workers an extra $10,000 per year, raise them all out of poverty and enable them to, of all things, afford to shop at Wal-Mart. Not only would this also save us all the expense of the food stamps, Medicaid and rent assistance that they currently require, but Wal-Mart would still earn more than $15 billion pre-tax per year. Wal-Mart won’t (and shouldn’t) volunteer to pay its workers more than their competitors. In order for us to have an economy that works for everyone, we should compel all retailers to pay living wages—not just ask politely.

We rich people have been falsely persuaded by our schooling and the affirmation of society, and have convinced ourselves, that we are the main job creators. It’s simply not true. There can never be enough super-rich Americans to power a great economy. I earn about 1,000 times the median American annually, but I don’t buy thousands of times more stuff. My family purchased three cars over the past few years, not 3,000. I buy a few pairs of pants and a few shirts a year, just like most American men. I bought two pairs of the fancy wool pants I am wearing as I write, what my partner Mike calls my “manager pants.” I guess I could have bought 1,000 pairs. But why would I? Instead, I sock my extra money away in savings, where it doesn’t do the country much good.

So forget all that rhetoric about how America is great because of people like you and me and Steve Jobs. You know the truth even if you won’t admit it: If any of us had been born in Somalia or the Congo, all we’d be is some guy standing barefoot next to a dirt road selling fruit. It’s not that Somalia and Congo don’t have good entrepreneurs. It’s just that the best ones are selling their wares off crates by the side of the road because that’s all their customers can afford.

So why not talk about a different kind of New Deal for the American people, one that could appeal to the right as well as left—to libertarians as well as liberals? First, I’d ask my Republican friends to get real about reducing the size of government. Yes, yes and yes, you guys are all correct: The federal government is too big in some ways. But no way can you cut government substantially, not the way things are now. Ronald Reagan and George W. Bush each had eight years to do it, and they failed miserably.

Republicans and Democrats in Congress can’t shrink government with wishful thinking. The only way to slash government for real is to go back to basic economic principles: You have to reduce the demand for government. If people are getting $15 an hour or more, they don’t need food stamps. They don’t need rent assistance. They don’t need you and me to pay for their medical care. If the consumer middle class is back, buying and shopping, then it stands to reason you won’t need as large a welfare state. And at the same time, revenues from payroll and sales taxes would rise, reducing the deficit.

This is, in other words, an economic approach that can unite left and right. Perhaps that’s one reason the right is beginning, inexorably, to wake up to this reality as well. Even Republicans as diverse as Mitt Romney and Rick Santorum recently came out in favor of raising the minimum wage, in defiance of the Republicans in Congress.

One thing we can agree on—I’m sure of this—is that the change isn’t going to start in Washington. Thinking is stale, arguments even more so. On both sides.

But the way I see it, that’s all right. Most major social movements have seen their earliest victories at the state and municipal levels. The fight over the eight-hour workday, which ended in Washington, D.C., in 1938, began in places like Illinois and Massachusetts in the late 1800s. The movement for social security began in California in the 1930s. Even the Affordable Health Care Act—Obamacare—would have been hard to imagine without Mitt Romney’s model in Massachusetts to lead the way.

Sadly, no Republicans and few Democrats get this. President Obama doesn’t seem to either, though his heart is in the right place. In his State of the Union speech this year, he mentioned the need for a higher minimum wage but failed to make the case that less inequality and a renewed middle class would promote faster economic growth. Instead, the arguments we hear from most Democrats are the same old social-justice claims. The only reason to help workers is because we feel sorry for them. These fairness arguments feed right into every stereotype of Obama and the Democrats as bleeding hearts. Republicans say growth. Democrats say fairness—and lose every time.

But just because the two parties in Washington haven’t figured it out yet doesn’t mean we rich folks can just keep going. The conversation is already changing, even if the billionaires aren’t onto it. I know what you think: You think that Occupy Wall Street and all the other capitalism-is-the-problem protesters disappeared without a trace. But that’s not true. Of course, it’s hard to get people to sleep in a park in the cause of social justice. But the protests we had in the wake of the 2008 financial crisis really did help to change the debate in this country from death panels and debt ceilings to inequality.

It’s just that so many of you plutocrats didn’t get the message.

Dear 1%ers, many of our fellow citizens are starting to believe that capitalism itself is the problem. I disagree, and I’m sure you do too. Capitalism, when well managed, is the greatest social technology ever invented to create prosperity in human societies. But capitalism left unchecked tends toward concentration and collapse. It can be managed either to benefit the few in the near term or the many in the long term. The work of democracies is to bend it to the latter. That is why investments in the middle class work. And tax breaks for rich people like us don’t. Balancing the power of workers and billionaires by raising the minimum wage isn’t bad for capitalism. It’s an indispensable tool smart capitalists use to make capitalism stable and sustainable. And no one has a bigger stake in that than zillionaires like us.

The oldest and most important conflict in human societies is the battle over the concentration of wealth and power. The folks like us at the top have always told those at the bottom that our respective positions are righteous and good for all. Historically, we called that divine right. Today we have trickle-down economics.

What nonsense this is. Am I really such a superior person? Do I belong at the center of the moral as well as economic universe? Do you?

My family, the Hanauers, started in Germany selling feathers and pillows. They got chased out of Germany by Hitler and ended up in Seattle owning another pillow company. Three generations later, I benefited from that. Then I got as lucky as a person could possibly get in the Internet age by having a buddy in Seattle named Bezos. I look at the average Joe on the street, and I say, “There but for the grace of Jeff go I.” Even the best of us, in the worst of circumstances, are barefoot, standing by a dirt road, selling fruit. We should never forget that, or forget that the United States of America and its middle class made us, rather than the other way around.

Or we could sit back, do nothing, enjoy our yachts. And wait for the pitchforks.

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FOCUS | Freedom, Power, and the Conservative Mind Print
Thursday, 03 July 2014 11:21

Reich writes: "On Monday the Supreme Court struck down a key part of the Affordable Care Act, ruling that privately-owned corporations don't have to offer their employees contraceptive coverage that conflicts with the corporate owners' religious beliefs."

Economist, professor, author and political commentator Robert Reich. (photo: Richard Morgenstein)
Economist, professor, author and political commentator Robert Reich. (photo: Richard Morgenstein)


Freedom, Power, and the Conservative Mind

By Robert Reich, Robert Reich's Blog

03 July 14

 

n Monday the Supreme Court struck down a key part of the Affordable Care Act, ruling that privately-owned corporations don’t have to offer their employees contraceptive coverage that conflicts with the corporate owners’ religious beliefs.

The owners of Hobby Lobby, the plaintiffs in the case, were always free to practice their religion. The Court bestowed religious freedom on their corporation as well – a leap of logic as absurd as giving corporations freedom of speech. Corporations aren’t people.

The deeper problem is the Court’s obliviousness to the growing imbalance of economic power between corporations and real people. By giving companies the right not offer employees contraceptive services otherwise mandated by law, the Court ignored the rights of employees to receive those services.

(Justice Alito’s suggestion that those services could be provided directly by the federal government is as politically likely as is a single-payer federal health-insurance plan – which presumably would be necessary to supply such contraceptives or any other Obamacare service corporations refuse to offer on religious grounds.)

The same imbalance of power rendered the Court’s decision in “Citizens United,” granting corporations freedom of speech, so perverse. In reality, corporate free speech drowns out the free speech of ordinary people who can’t flood the halls of Congress with campaign contributions.

Freedom is the one value conservatives place above all others, yet time and again their ideal of freedom ignores the growing imbalance of power in our society that’s eroding the freedoms of most people.

This isn’t new. In the early 1930s, the Court trumped New Deal legislation with “freedom of contract” – the presumed right of people to make whatever deals they want unencumbered by federal regulations. Eventually (perhaps influenced by FDR’s threat to expand the Court and pack it with his own appointees) the Court relented.

But the conservative mind has never incorporated economic power into its understanding of freedom. Conservatives still champion “free enterprise” and equate the so-called “free market” with liberty. To them, government “intrusions” on the market threaten freedom.

Yet the “free market” doesn’t exist in nature. There, only the fittest and strongest survive. The “free market” is the product of laws and rules continuously emanating from legislatures, executive departments, and courts. Government doesn’t “intrude” on the free market. It defines and organizes (and often reorganizes) it.

Here’s where the reality of power comes in. It’s one thing if these laws and rules are shaped democratically, reflecting the values and preferences of most people.

But anyone with half a brain can see the growing concentration of income and wealth at the top of America has concentrated political power there as well — generating laws and rules that tilt the playing field ever further in the direction of corporations and the wealthy.

Antitrust laws designed to constrain monopolies have been eviscerated. Competition among Internet service providers, for example, is rapidly disappearing – resulting in higher prices than in any other rich country. Companies are being allowed to prolong patents and trademarks, keeping drug prices higher here than in Canada or Europe.

Tax laws favor capital over labor, giving capital gains a lower rate than ordinary income. The rich get humongous mortgage interest deductions while renters get no deduction at all.

The value of real property (the major asset of the middle class) is taxed annually, but not the value of stocks and bonds (where the rich park most of their wealth).

Bankruptcy laws allow companies to smoothly reorganize, but not college graduates burdened by student loans.

The minimum wage is steadily losing value, while CEO pay is in the stratosphere. Under U.S. law, shareholders have only an “advisory” role in determining what CEOs rake in.

Public goods paid for with tax revenues (public schools, affordable public universities, parks, roads, bridges) are deteriorating, while private goods paid for individually (private schools and colleges, health clubs, security guards, gated community amenities) are burgeoning.

I could go on, but you get the point. The so-called “free market” is not expanding options and opportunities for most people. It’s extending them for the few who are wealthy enough to influence how the market is organized.

Most of us remain “free” in limited sense of not being coerced into purchasing, say, the medications or Internet services that are unnecessarily expensive, or contraceptives they can no longer get under their employer’s insurance plan. We can just go without.

We’re likewise free not to be burdened with years of student debt payments; no one is required to attend college. And we’re free not to rent a place in a neighborhood with lousy schools and pot-holed roads; if we can’t afford better, we’re free to work harder so we can.

But this is a very parched view of freedom.

Conservatives who claim to be on the side of freedom while ignoring the growing imbalance of economic and political power in America are not in fact on the side of freedom. They are on the side of those with the power.

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