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The Border-Industrial Complex in the Post-Trump Era Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=26693"><span class="small">Todd Miller, TomDispatch</span></a>   
Thursday, 25 March 2021 12:13

Miller writes: "The Homeland Security vehicle soon pulled up next to us. An agent rolled down his window and asked me, 'What are you doing? Joyriding?'"

U.S. soldiers on the U.S.-Mexico border. (photo: Getty)
U.S. soldiers on the U.S.-Mexico border. (photo: Getty)


The Border-Industrial Complex in the Post-Trump Era

By Todd Miller, TomDispatch

25 March 21

 


As Todd Miller has been reporting for years at TomDispatch, there’s one truth seldom mentioned in the endless coverage of this country’s border crisis, already reaching a fever pitch in the early days of the Biden administration: whatever happens on that border, whatever the latest policies may be from (not really) building a “big, fat, beautiful wall” to detaining migrant children in prison-like conditions, an ever-growing border-industrial complex (as Miller has long called it) will continue to haul in profits. In the news these days: a growing surge of undocumented immigrants heading for that border, fierce partisan criticism of Biden’s early border moves, and unaccompanied children traveling through dangerous desert regions only to end up confined en masse in prison-like detention facilities without showers or a glimpse of “el cielo” (the sky) for days on end. It may be politically poisonous news for a Biden administration attempting to reverse Donald Trump’s version of border mania, including halting the building of his “piecemeal border wall,” which a New York Times report recently called “one of the costliest megaprojects in United States history,” but never for the border-industrial complex.

Climate change is likely to prove a dream, not a nightmare, for the corporations in that complex. It will ensure that migrants, and the fear of them, will only grow in this country in the face of disaster elsewhere, as in November when two powerful hurricanes devastated parts of Central America. As then, so in the future it will continue to send desperate souls northward from destroyed communities toward that increasingly over-built U.S. border.

For the border-industrial complex, however, it all adds up to yet more lucrative work and profits. So let Miller drive you to that very border to catch a glimpse of Trump’s ridiculous, fragmentary wall and, while you’re at it, have a genuine border-industrial-complex experience. Then check out his new book, Build Bridges, Not Walls: A Journey to a World Without Borders, to be published in April. It’s likely to be the perfect way to update your border experience.

-Tom Engelhardt, TomDispatch



n late February, I drove to see the Trump wall in Sasabe, Arizona. As soon as I parked, a green-striped Border Patrol vehicle stationed a quarter of a mile away began to creep down the dirt road toward us. Just ahead, a dystopian “No Trespassing” sign was flapping in the wind. It was cold as I stepped out of the car with my five-year-old son, William. The wall ahead of us, 30-feet high with steel bollards, was indeed imposing as it quavered slightly in the wind. Through its bars we could see Mexico, a broken panorama of hills filled with mesquites backed by a blue sky.

The Homeland Security vehicle soon pulled up next to us. An agent rolled down his window and asked me, “What are you doing? Joyriding?”

After I laughed in response to a word I hadn’t heard in years, the agent informed us that we were in a dangerous construction zone, even if this part of the wall had been built four months earlier. I glanced around. There were no bulldozers, excavators, or construction equipment of any sort. I wondered whether the lack of machinery reflected the campaign promise of the recently inaugurated Joe Biden that “not another foot” of Trump’s wall would be built.

Indeed, that was why I was here — to see what the border looked like as the post-Trump era began. President Biden had started his term with strong promises to reverse the border policies of his predecessor: families torn apart would be reunited and asylum seekers previously forced to stay in Mexico allowed to enter the United States. Given the Trump years, the proposals of the new administration sounded almost revolutionary.

And yet something else bothered me as we drove away: everything looked the same as it had for years. I’ve been coming to this stretch of border since 2001. I’ve witnessed its incremental disfigurement during the most dramatic border fortification period in this country’s history. In the early 2000s came an influx of Border Patrol agents, followed in 2007 by the construction of a 15-foot wall (that Senator Joe Biden voted for), followed by high-tech surveillance towers, courtesy of a multi-billion-dollar contract with the Boeing Corporation.

Believe me, the forces that shaped our southern border over the decades have been far more powerful than Donald Trump or any individual politician. During the 2020 election, it was commonly asserted that, by getting rid of Trump, the United States would create a more humane border and immigration system. And there was a certain truth to that, but a distinctly limited one. Underneath the theater of partisan politics, there remains a churning border-industrial complex, a conjunction of entrenched interests and relationships between the U.S. government — particularly the Department of Homeland Security (DHS) — and private corporations that has received very little attention.

The small border town of Sasabe and its surrounding region is a microcosm of this.

The cumulative force of that complex will now carry on in Trump’s wake. Indeed, during the 2020 election the border industry, created through decades of bipartisan fortification, actually donated more money to the Biden campaign and the Democrats than to Trump and the Republicans.

The Complex

In the 12 years from 2008 to 2020, Customs and Border Protection (CBP) and Immigration and Customs Enforcement (ICE) dolled out 105,000 contracts, or a breathtaking average of 24 contracts a day, worth $55 billion to private contractors. That sum exceeded their $52 billion collective budgets for border and immigration enforcement for the 28 years from 1975 to 2003. While those contracts included ones for companies like Fisher Sand and Gravel that built the 30-foot wall my son and I saw in Sasabe, many of them — including the most expensive — went to companies creating high-tech border fortification, ranging from sophisticated camera systems to advanced biometric and data-processing technologies.

This might explain the border industry’s interest in candidate Biden, who promised: “I’m going to make sure that we have border protection, but it’s going to be based on making sure that we use high-tech capacity to deal with it.”

Behind that bold, declarative sentence lay an all-too-familiar version of technological border protection sold as something so much more innocuous, harmless, and humane than what Trump was offering. As it happens, despite our former president’s urge to create a literal wall across hundreds of miles of borderlands, high-technology has long been and even in the Trump years remained a large part of the border-industrial complex.

One pivotal moment for that complex came in 2005 when the deputy secretary of the Department of Homeland Security, Michael Jackson (previously Lockheed Martin’s chief operating officer), addressed a conference room of border-industry representatives about creating a virtual or technological wall. “This is an unusual invitation,” he said then. “I want to make sure you have it clearly, that we’re asking you to come back and tell us how to do our business. We’re asking you. We’re inviting you to tell us how to run our organization.”

Of course, by then, the border and immigration enforcement system had already been on a growth spurt. During President Bill Clinton’s administration (1993-2001), for example, its annual budgets had nearly tripled from $1.5 billion to $4.3 billion. Clinton, in fact, initiated the immigration deterrence system still in place today in which Washington deployed armed agents, barriers, and walls, as well as high-tech systems to block the traditional urban places where immigrants had once crossed. They were funneled instead into dangerous and deadly spots like the remote and brutal Arizona desert around Sasabe. As Clinton put it in his 1995 State of the Union address:

“[O]ur administration has moved aggressively to secure our borders more by hiring a record number of new border guards, by deporting twice as many criminal aliens as ever before, by cracking down on illegal hiring, by barring welfare benefits to illegal aliens.”

Sound familiar?

The Clinton years, however, already seemed like ancient times when Jackson made that 2005 plea. He was speaking in the midst of a burgeoning Homeland Security era. After all, DHS was only created in 2002 in the wake of the 9/11 attacks. In fact, during George W. Bush’s years in office, border and immigration enforcement budgets grew from $4.2 billion in 2000 to $15.2 billion in 2008 — more, that is, than during any other presidency including Donald Trump’s. Under Bush, that border became another front in the war on terror (even if no terrorists crossed it), opening the money faucets. And that was what Jackson was underscoring — the advent of a new reality that would produce tens of thousands of contracts for private companies.

In addition, as U.S. war efforts in Afghanistan and Iraq began to wane, many security and defense companies pivoted toward the new border market. As one vendor pointed out to me at a Border Security Expo in Phoenix in 2012, “We are bringing the battlefield to the border.” That vendor, who had been a soldier in Afghanistan a few years earlier, smiled confidently, the banners of large weapons-makers like Raytheon hanging above him. At the time (as now), an “unprecedented boom period” was forecast for the border market. As the company VisionGain explained then, a “virtuous circle… would continue to drive spending in the long term based on three interlocking developments: ‘illegal immigration and terrorist infiltration,’ more money for border policing in ‘developing countries,’ and the ‘maturation’ of new technologies.”

Since 9/11, border-security corporate giants became big campaign contributors not only to presidential candidates, but also to key members of the Appropriations Committees and the Homeland Security Committees (both House and Senate) — all crucial when it came to border policies, contracts, and budgets. Between 2006 and 2018, top border contractors like General Dynamics, Lockheed Martin, Northrop Grumman, and Raytheon contributed a total of $27.6 million to members of the House Appropriations Committee and $6.5 million to members of the House Homeland Security Committee. And from 2002 to 2019, there were nearly 20,000 reported lobbying “visits” to congressional offices related to homeland security. The 2,841 visits reported for 2018 alone included ones from top CBP and ICE contractors Accenture, CoreCivic, GeoGroup, L3Harris, and Leidos.

By the time Donald Trump entered the White House in 2017, the border-industrial complex was truly humming. That year, he would oversee a $20-billion border and immigration budget and have at his disposal nearly 20,000 Border Patrol agents (up from 4,000 in 1994), 650 miles of already built walls and barriers, billions of dollars in border technology then in place, and more than 200 immigration-detention centers across the United States.

He claimed he was going to build his very own “big, fat, beautiful wall,” most of which, as it turned out, already existed. He claimed that he was going to clamp down on a border that was already remarkably clamped down upon. And in his own fashion, he took it to new levels.

That’s what we saw in Sasabe, where a 15-foot wall had recently been replaced with a 30-foot wall. As it happened, much of the 450 miles of wall the Trump administration did, in the end, build really involved interchanging already existing smaller barriers with monstrous ones that left remarkable environmental and cultural destruction in their wake.

Trump administration policies forced people seeking asylum to wait in Mexico, infants to appear in immigration court, and separated family members into a sprawling incarceration apparatus whose companies had been making up to $126 per person per day for years. He could have done little of this without the constantly growing border-industrial complex that preceded him and, in important ways, made him.

Nonetheless, in the 2020 election campaign, the border industry pivoted toward Biden and the Democrats. That pivot ensured one thing: that its influence would be strong, if not preeminent, on such issues when the new administration took over.

The Biden Years Begin at the Border

In early January 2021, Biden’s nominee to run DHS, Alejandro Mayorkas disclosed that, over the previous three years, he had earned $3.3 million from corporate clients with the WilmerHale law firm. Two of those clients were Northrop Grumman and Leidos, companies that Nick Buxton and I identified as top border contractors in Biden’s Border: The Industry, the Democrats and the 2020 Election, a report we co-authored for the Transnational Institute.

When we started to look at the 2020 campaign contributions of 13 top border contractors for CBP and ICE, we had no idea what to expect. It was, after all, a corporate group that included producers of surveillance infrastructure for the high-tech “virtual wall” along the border like L3Harris, General Dynamics, and the Israeli company Elbit Systems; others like Palantir and IBM produced border data-processing software; and there were also detention companies like CoreCivic and GeoGroup.

To our surprise, these companies had given significantly more to the Biden campaign ($5,364,994) than to Trump ($1,730,435). In general, they had shifted to the Democrats who garnered 55% of their $40 million in campaign contributions, including donations to key members of the House and Senate Appropriations and Homeland Security committees.

It’s still too early to assess just what will happen to this country’s vast border-and-immigration apparatus under the Biden administration, which has made promises about reversing Trumpian border policies. Still, it will be no less caught in the web of the border-industrial complex than the preceding administration.

Perhaps a glimpse of the future border under Biden was offered when, on January 19th, Homeland Security secretary nominee Mayorkas appeared for his Senate confirmation hearings and was asked about the 8,000 people from Honduras heading for the U.S. in a “caravan” at that very moment. The day before, U.S.-trained troops and police in Guatemala had thwarted and then deported vast numbers of them as they tried to cross into that country. Many in the caravan reported that they were heading north thanks to back-to-back catastrophic category 4 hurricanes that had devastated the Honduran and Nicaraguan coasts in November 2020.

Mayorkas responded rather generically that if people were found to qualify “under the law to remain in the United States, then we will apply the law accordingly, if they do not qualify to remain in the United States, then they won’t.” Given that there is no climate-refugee status available to anyone crossing the border that meant most of those who finally made it (if they ever did) wouldn’t qualify to stay.

It’s possible that, by the time I went to see that wall with my son in late February, some people from that caravan had already made it to the border, despite endless obstacles in their path. As we drove down Highway 286, also known as the Sasabe Road, there were reports of undocumented people from Guatemala, Honduras, El Salvador, and Mexico all traveling through the rugged Baboquivari mountain range to the west of us and the grim canyons to the east of us in attempts to avoid the Border Patrol and its surveillance equipment.

When President Dwight D. Eisenhower warned Americans against what he dubbed “the military-industrial complex” in 1961, he spoke of its “total influence — economic, political, even spiritual… felt in every city, every statehouse, every office of the Federal government.” Sixty years later, something similar could be said of the ever-expanding border-industrial complex. It needs just such climate disasters and just such caravans (or, as we’re seeing right now, just such “crises” of unaccompanied minors) to continue its never-ending growth, whether the president is touting a big, fat, beautiful wall or opting for high-tech border technology.

For my son and me, the enforcement apparatus first became noticeable at a checkpoint 25 miles north of the international boundary. Not only were green-uniformed agents interrogating passengers in any vehicle heading northwards, but a host of cameras focused on the vehicles passing by.

Whether they were license-plate readers or facial-recognition cameras I had no way of knowing. What I did know was that Northrop Grumman (which contributed $649,748 to Joe Biden and $323,014 to Donald Trump in the 2020 election campaign) had received a valuable contract to ensure that CBP’s biometric system included “modalities” of all sorts — face and voice data, iris recognition, scars and tattoos, possibly even DNA sample collection, and information about “relationship patterns” and “encounters” with the public. And who could tell if the Predator B drones that General Atomics produces — oh, by the way, that company gave $82,974 to Biden and $51,665 to Trump in 2020 — were above us (as they regularly are in the border regions) using Northrup Grumman’s VADER “man-hunting” radar system first deployed in Afghanistan?

As we traveled through that gauntlet, Border Patrol vehicles were everywhere, reinforcing the surveillance apparatus that extends 100 miles into the U.S. interior. We soon passed a surveillance tower at the side of the road first erected by the Boeing Corporation and renovated by Elbit Systems ($5,553 to Biden, $5,649 to Trump), one of dozens in the area. On the other side of that highway was a gravel clearing where a G4S ($49,233 to Biden, $33,019 to Trump) van usually idles. It’s a mobile prison the Border Patrol uses to transport its prisoners to short-term detention centers in Tucson. And keep in mind that there was so much we couldn’t see like the thousands of implanted motion sensors manufactured by a host of other companies.

Traveling through this border area, it’s hard not to feel like you’re in a profitable version of a classic panopticon, a prison system in which, wherever you might be, you’re being watched. Even five-year-old William was startled by such a world and, genuinely puzzled, asked me, “Why do the green men,” as he calls the Border Patrol, “want to stop the workers?”

By the time we got to that shard of Trump’s “big, fat, beautiful” wall, it seemed like just a modest part of a much larger system that left partisan politics in the dust. At its heart was never The Donald but a powerful cluster of companies with an active interest in working on that border until the end of time.

Just after the agent told us that we were in a construction zone and needed to leave, I noticed a pile of bollards near the dirt road that ran parallel to the wall. They were from the previous wall, the one Biden had voted for in 2006. As William and I drove back to Tucson through that gauntlet of inspection, I wondered what the border-industrial world would look like when he was my age and living in what could be an even more extreme world filled with ever more terrified people fleeing disaster.

And I kept thinking of that discarded pile of bollards, a reminder of just how easy it would be to tear that wall and the world that goes with it down.



Follow TomDispatch on Twitter and join us on Facebook. Check out the newest Dispatch Books, John Feffer’s new dystopian novel Frostlands (the second in the Splinterlands series), Beverly Gologorsky’s novel Every Body Has a Story, and Tom Engelhardt’s A Nation Unmade by War, as well as Alfred McCoy’s In the Shadows of the American Century: The Rise and Decline of U.S. Global Power and John Dower’s The Violent American Century: War and Terror Since World War II.

Todd Miller, a TomDispatch regular, has written on border and immigration issues for the New York Times, Al Jazeera America, and the NACLA Report on the Americas. His latest book is Build Bridges, Not Walls: A Journey to a World Without Borders. You can follow him on Twitter @memomiller and view more of his work at toddmillerwriter.com.

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Bernie Sanders Wants to Remind You the Pharmaceutical Industry Is Still Ripping Americans Off Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=52556"><span class="small">Helaine Olen, The Washington Post</span></a>   
Thursday, 25 March 2021 12:13

Olen writes: "The pharmaceutical industry is enjoying a moment. It has gone in mere months from being one of the most despised industries in the United States to a reputational high, a regular recipient of celebratory headlines for the rapid development of vaccines that will end the covid-19 pandemic."

Sen. Bernie Sanders. (photo: AP)
Sen. Bernie Sanders. (photo: AP)


Bernie Sanders Wants to Remind You the Pharmaceutical Industry Is Still Ripping Americans Off

By Helaine Olen, The Washington Post

25 March 21

 

he pharmaceutical industry is enjoying a moment. It has gone in mere months from being one of the most despised industries in the United States to a reputational high, a regular recipient of celebratory headlines for the rapid development of vaccines that will end the covid-19 pandemic.

But Sen. Bernie Sanders (I-Vt.) would like you to know the American pharmaceutical industry is still ripping people off — and he plans to do something about that. This week, Sanders introduced a trio of bills designed to help the United States get a grip on the price we pay for prescription drugs. (Rep. Ro Khanna (D-Calif.) is the lead sponsor in the House.) These bills would, if enacted, put an end to the gouging of the American public by permitting Medicare to negotiate drug prices, by pegging the price of pharmaceuticals to the median price in five comparable countries — Britain, Canada, France, Germany and Japan — and by allowing Americans to import drugs legally from Canada and other major countries.

These changes can’t come a moment too soon. It’s not simply that the high cost of drugs is roiling our politics, sending voters scurrying from party to party in a frantic attempt at a solution. It’s that our personal pharmaceutical bills are increasingly unaffordable.

Americans spend significantly more than citizens of other countries in the Organization for Economic Cooperation and Development on both over-the-counter and prescription medications. The examples are legion. Name-brand insulins — which many people with diabetes say work much better than older, less expensive generics — cost significantly less in Canada than in the United States, where prices have soared by more than 300 percent over the past two decades. People in both Canada and Britain pay a fraction of the cost for Epi-Pens as we do here.

There is a reason for this: No other first-world country besides the United States allows Big Pharma to charge whatever it likes for its products, because drugs are considered a social good and are expected to be affordable. Because we don’t, the Rand Corp. reports that drug prices in the United States are a walloping 256 percent more than other countries. As Sanders noted Tuesday, Big Pharma “has managed to create a situation where they can raise their prices to any level they want any day of the week.”

Without government action, people look to do-it-yourself solutions such as skipping doses or going without altogether to save money. As Elia Spates, who has Type 1 diabetes, testified to the Senate subcommittee on Health, Education, Labor and Pensions on Tuesday, “When you pay over $800 per month for an individual in insurance premiums and pay an additional $2,000 per month till your deducible is met, your family starts to feel a financial pinch. The only way you see to cut back on the spending is to cut back on the insulin.”

This practice comes with a death count. Before the pandemic shutdowns, there were regular protests by parents whose adult children died after finding their insulin unaffordable. Cancer patients are more than twice as likely to file for bankruptcy protection than those in the general population and, if they do, they appear to be more likely to die of the disease.

There is a moment of opportunity here to change things. According to Politico, Big Pharma is — for once — running scared, thoroughly expecting something to turn up in major Democratic legislation this year that will finally crack down on its epic run of greed. If it happens, what will have brought it about? It’s not a sudden explosion of political empathy by those who for years stopped proposals like those made by Sanders in their tracks.

Instead, it’s that even the government’s pharmaceutical costs are so out of control that any attempt to bring them in line will help make the financial numbers of a future Biden spending package look better.

Many in Congress remain hesitant to embrace an all-encompassing solution, seeming to favor deals to help those on Medicare with co-pays. Perhaps they are gun-shy, unwilling to fully tackle the power of Big Pharma, which spends millions on lobbying every year. Perhaps they really believe, as is often claimed, that allowing the government to negotiate prices will stifle innovation. (If so, they are almost certainly wrong. The industry giants spend more on marketing and promoting their products than they do on researching new ones.) But, as Sanders points out, the time is long past for half-measures. The high costs of drugs are affecting everyone. The simplest, fairest and certainly most effective solution would be for the federal government to step in and take charge.

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FOCUS: What Happens to the Filibuster Depends on How Republicans Play Their Hand Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=58823"><span class="small">Senator Angus King, The Washington Post</span></a>   
Thursday, 25 March 2021 11:58

King writes: "All-out opposition to reasonable voting rights protections cannot be enabled by the filibuster; if forced to choose between a Senate rule and democracy itself, I know where I will come down."

Sen. Angus King. (photo: Kevin Dietsch/Getty)
Sen. Angus King. (photo: Kevin Dietsch/Getty)


What Happens to the Filibuster Depends on How Republicans Play Their Hand

By Senator Angus King, The Washington Post

25 March 21

 

first came to the Senate eight years ago, at the beginning of President Barack Obama’s second term and when the Democrats were in the majority. At that time, I was anxious to reform or even eliminate the filibuster, the process whereby major legislation requires 60 votes rather than a simple majority to proceed toward passage. “It’s minority rule,” I said. “It enables obstruction.” “It’s not in the Constitution.” “Its historic use was to block civil rights legislation.” “It leads to gridlock and makes it impossible to get anything done.” In other words, I made all the arguments that people are hearing today.

But then a funny thing happened. I started to listen to several of my colleagues in the Democratic caucus who had been around a lot longer than I had and who had been in both the majority and the minority as the fortunes of the two parties waxed and waned over the years. Their warnings were stark and direct. They didn’t argue that the 60-vote threshold encouraged bipartisanship or some of the other high-minded justifications that we hear today; they simply made the point that what goes around, comes around; that the political makeup of the Senate would inevitably change (as it did two years after I arrived), and that today’s annoying obstructionism could be tomorrow’s priceless shield against policies we wouldn’t like or, more probably, in defense of policies we do like.

It is this fact that so many of my friends on the left seem to have forgotten or are willing to ignore in order to facilitate their agenda today. But the reality is that once the filibuster is gone, it will never come back. Why would a future majority ever impose such a limitation on its own power? And as succeeding Congresses swing dramatically between opposing ideological visions, so, too, would our laws. The Affordable Care Act could be eliminated or crippled, Medicare voucherized, social lifeline programs gutted or environmental protections compromised — only to have these policies reversed a few years later by a change in a handful of seats.

I found this cautionary warning reason enough to be careful about significantly changing the way the Senate functions, which elimination of the filibuster would entail. A double-edged sword, as my father used to say.

But.

But this argument is sustainable only if the extraordinary power of the 60-vote threshold is used sparingly on major issues or is used in a good-faith effort to leverage concessions rather than to simply obstruct. If, however, the minority hangs together and regularly uses this power to block any and all initiatives of the majority (and their president), supporting the continuation of the rule becomes harder and harder to justify, regardless of the long-term consequences.

I should mention that I believe voting rights are a special case that we must address in light of the nakedly partisan voter-suppression legislation pending in many states. All-out opposition to reasonable voting rights protections cannot be enabled by the filibuster; if forced to choose between a Senate rule and democracy itself, I know where I will come down. As new Georgia Sen. Raphael Warnock (D) noted on the floor recently, “It is a contradiction to say we must protect minority rights in the Senate, while refusing to protect minority rights in the society.”

As we enter this new Congress with a new president and a new Senate majority (barely), the question for me is how Mitch McConnell and his Republican colleagues will play their hand; if they are willing to work to find compromise and consensus on important initiatives (infrastructure, voting rights or immigration reform, for example), the importance of getting rid of the filibuster diminishes. If, on the other hand, they just say no, the necessity — and likelihood — of filibuster reform would only increase. That is to say, in large measure the outcome is in their hands.

Over to you, Mitch.

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FOCUS: Will Joe Manchin Save Voting Rights? Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=43327"><span class="small">Ed Kilgore, New York Magazine</span></a>   
Thursday, 25 March 2021 11:10

Kilgore writes: "One of the avenues for filibuster reform that is especially relevant to the voting-rights emergency unfolding around the country (as Republican-controlled state legislatures restrict access to the ballot and prepare for another round of partisan gerrymandering) is a subject-matter exception for basic measures to protect democracy."

Joe Manchin, king of the Senate. (photo: Michael Brochstein/Shutterstock)
Joe Manchin, king of the Senate. (photo: Michael Brochstein/Shutterstock)


ALSO SEE: Manchin Says Any Overhaul of Voting Rights
Must Have GOP Support

Will Joe Manchin Save Voting Rights?

By Ed Kilgore, New York Magazine

25 March 21

 

he Senate Rules and Administration Committee is holding a hearing today on S.1, the upper chamber’s version of the For the People Act, the sweeping voting-rights legislation already passed by the House on a near-party-line vote. There will be witnesses on both sides of the aisle and lots of thunder and lightning (both Chuck Schumer and Mitch McConnell will attend the hearing, which is rare). But it might be wise to pay particular attention to the testimony of West Virginia secretary of state Mac Warner, a Republican who predictably opposes the legislation. That’s because the lawmaker who likely holds the fate of S.1 in his hands is Warner’s senator, Joe Manchin, who happens to be the only Democratic senator who didn’t co-sponsor the legislation.

Manchin is also, of course, the key Democrat in the debate over the fate of the filibuster, which in its current form is an absolute bar to enactment of S.1 and nearly every other piece of Democratic-sponsored legislation that cannot be pushed through the Senate under the budget reconciliation rules. One of the avenues for filibuster reform that is especially relevant to the voting-rights emergency unfolding around the country (as Republican-controlled state legislatures restrict access to the ballot and prepare for another round of partisan gerrymandering) is a subject-matter exception for basic measures to protect democracy. So far Manchin has not expressed any support for such an exception, but he has not categorically ruled it out, either. Since Manchin is famously focused on his home state’s interests, it’s worth considering how S.1 is being received in West Virginia, aside from Warner’s testimony against it.

According to the Wall Street Journal, Manchin is getting an earful from state and local election officials back home:

West Virginia election officials are lobbying Democratic Sen. Joe Manchin to oppose his party’s voting-rights legislation, again underscoring his pivotal role as the Senate’s most prominent centrist …

On [a] call Monday, West Virginia election officials voiced concerns about the bill, according to three participants on the call. One of them was Jan Pest, the Democratic county clerk in Marshall County, W.Va. Among other concerns, Mrs. Pest criticized the bill for mandating same-day voter registration, which she worries would invite fraud. Studies have found that voter fraud has been rare.

Warner told the Rules Committee that S. 1 is “anything but ‘for the people.’” He complained that it “stomps on states’ rights,” and imposes unfunded mandates on election officials. He reflected the general Republican take that “federalization of elections” is unnecessary and probably unconstitutional.

It’s worth noting that West Virginia has relatively restrictive voting rules. Current law doesn’t allow for no-excuse voting by mail (though the state did allow anyone to vote by mail temporarily in 2020, under an existing “health” exception). West Virginia has voter ID requirements, and does not provide for same-day, much less automatic, voter registration. In-person early voting is allowed, but only for a relatively brief ten-day period. The state has undertaken arguably overzealous and discriminatory purges of voter rolls. Redistricting is conducted by the state legislature, not any independent authority. All these practices would be overturned by S.1. It seems unlikely that Manchin would go the whole hog on such legislation, much less treat it as worthy of an exception to a filibuster precedent that he generally supports.

It’s important to understand that S.1 isn’t some sort of seamless garment of voting-rights essentials. Election law expert Rick Hasen, a strong voting-rights proponent, has argued that some elements of the For the People Act, like mandatory ex-felon enfranchisement may be found unconstitutional, while others, particularly public financing of congressional elections, are a bit remote from voting and voter registration. A more limited version of S.1, perhaps combined with the John Lewis Voting Rights Advancement Act (aimed at restoring provisions of the Voting Rights Act of 1965 killed by the Supreme Court in 2013), would not be subject to judicial revocation or nearly as much legitimate controversy. Indeed, some complaints about S.1 that seemed to agitate Mac Warner at the Rules Committee hearing (like the inability to conduct electronic transmission of military ballots), could be taken care of with amendments without doing violence to the bill’s central thrust.

More immediately, a limited bill focused on voting-rights essentials might secure Manchin’s support, particularly if he could take credit for convincing other Democrats to favor a more modest approach. It’s doubtful, for example, that restoration of Voting Rights Act provisions would trouble election officials in West Virginia, since the state was never under the requirement for Justice Department “preclearance” of voting-rules changes that the Supreme Court neutered in Shelby County v. Holder.

The prime objective for Democrats this year is to stop the rapid rollback of voting rights by Republican state officials that could skew election outcomes even more in the GOP’s favor for years to come. Maybe the courts will stop some of these reactionary excesses, but federal preemption via legislation is the only expeditious remedial measure available, and that’s going to be impossible without Manchin and other Democrats who aren’t sold on killing the filibuster altogether. A more realistic package of voting-rights guarantees would be helpful, along with the compelling argument that letting Republicans get away with an assault on the franchise will likely extinguish the careers of the very red- and purple-state Democrats who are reluctant to “overreach.”

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Bessemer and the Power Shift Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=51635"><span class="small">Robert Reich, Robert Reich's Blog</span></a>   
Thursday, 25 March 2021 08:18

Reich writes: "The most dramatic change in American capitalism over the last half century has been the emergence of corporate behemoths like Amazon and the simultaneous shrinkage of organized labor."

Robert Reich. (photo: Getty)
Robert Reich. (photo: Getty)


Bessemer and the Power Shift

By Robert Reich, Robert Reich's Blog

25 March 21

 

he most dramatic change in American capitalism over the last half century has been the emergence of corporate behemoths like Amazon and the simultaneous shrinkage of organized labor. The resulting imbalance has spawned near-record inequalities of income and wealth, corruption of democracy by big money, and the abandonment of the working class.

All this is coming to a head in several ways.

Next week, Amazon faces a union vote at its warehouse in Bessemer, Alabama. If successful, it would be Amazon’s first U.S.-based union in its nearly 27-year history.

Conditions in Amazon’s warehouses would please Kim Jong un – strict production quotas, 10-hour workdays with only two half-hour breaks, unsafe procedures, arbitrary firings, “and they track our every move,” Jennifer Bates, a warehouse worker at Bessemer, told the Senate Budget Committee last week.

To thwart the union drive, Amazon has required Bessemer workers to attend anti-union meetings, warned workers they’d have to pay union dues (wrong – Alabama is a so-called “right-to-work” state that bars mandatory dues), and intimidated and harassed organizers.

Why is Amazon abusing its workers?

The company isn’t exactly hard-up. It’s the most profitable firm in America. Its executive chairman and largest shareholder, Jeff Bezos, is the richest man in the world, holding more wealth than the bottom 39 percent of Americans put together.

Amazon is abusing workers because it can.

Fifty years ago, General Motors was the largest employer in America. The typical GM worker earned $35 an hour in today’s dollars and had a major say over working conditions. Today’s largest employers are Amazon and Walmart, each paying around $15 an hour and treating their workers like cattle.

The typical GM worker wasn’t “worth” more than twice today’s Amazon or Walmart worker and didn’t have more valuable insights about how work should be organized. The difference is GM workers a half-century ago had a strong union behind them, summoning the collective bargaining power of over a third of the entire American workforce.

By contrast, today’s Amazon and Walmart workers are on their own. And because only 6.4 percent of America’s private-sector workers are now unionized, there’s little collective pressure on Amazon or Walmart to treat their workers any better.

Fifty years ago, “big labor” had enough political clout to ensure labor laws were enforced and that the government pushed giant firms like GM to sustain the middle class.

Today, organized labor’s political clout is miniscule by comparison. The biggest political players are giant corporations like Amazon. And what have they done with their muscle? Encouraged state “right-to-work” laws, diluted federal labor protections, and kept the National Labor Relations Board understaffed and overburdened.

They’ve also impelled government to lower their taxes (Amazon paid zero federal taxes in 2018); extorted states to provide them tax breaks as condition for locating facilities there (Amazon is a champion at this game); bullied cities where they’re headquartered (Amazon forced Seattle to back down on a plan to tax big corporations like itself to pay for homeless shelters); and wangled trade treaties allowing them to outsource so many jobs that blue-collar workers in America have little choice but to take low-paying, high-stress warehouse and delivery gigs.

Oh, and they’ve neutered antitrust laws, which in earlier era would have had companies like Amazon in their crosshairs.

This decades-long power shift – the emergence of corporate leviathans and the demise of labor unions – has resulted in a massive upward redistribution of income and wealth. The richest 0.1 of Americans now has almost as much wealth as the bottom 90 percent put together.

Corporate profits account for a growing share of the total economy and wages a declining share, with multi-billionaire executives and investors like Bezos taking home the lion’s share.

The power shift can be reversed – but only with stronger labor laws, tougher trade deals, and a renewed commitment to antitrust.

The Biden administration and congressional Democrats appear willing. The House has just passed the toughest labor law reforms in over a generation. Biden’s new trade representative, Katherine Tai, promises that trade deals will protect the interests of American workers rather than exporters. And Biden is putting trustbusters in critical positions at the Federal Trade Commission and in the White House.

I’d like to think America is at a tipping point similar to where it was some hundred twenty years ago when the ravages and excesses of the Gilded Age precipitated what became known as the Progressive Era. Then, reformers reversed the course of American capitalism for the next 70 years, making it work for the many rather than the few.

Today’s progressive activists – in Washington, at Amazon’s Bessemer warehouse, and elsewhere around the nation – may be on the verge of doing the same.

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