Public Policy and Governance – Page 203

Pence’s Protege?

Yesterday’s New York Times highlighted an amicus brief filed by prominent Republicans in the gerrymandering case that will be heard by the Supreme Court this session.

Current and former GOP luminaries– including John McCain of Arizona; Gov. John R. Kasich of Ohio; Bob Dole, the former Republican Senate leader from Kansas and the party’s 1996 presidential nominee; the former senators John C. Danforth of Missouri, Richard G. Lugar of Indiana and Alan K. Simpson of Wyoming; and Arnold Schwarzenegger, a former governor of California–urged the Court to end the partisan redistricting that “has become a tool for powerful interests to distort the democratic process.”

Then there’s Indiana Attorney General Curtis Hill, who joined a very different “friend of the Court” brief, arguing that some partisanship is inevitable when legislators draw districts, there’s nothing “invidious” or improper about that reality, and even if there is, there’s no way for the Court to prove it.

So there!

Other than Hill, I have been pleasantly surprised by Indiana’s current Republican administration. Governor Holcomb seems eminently sane, and has focused on issues of governance–the “nitty-gritty” that Mike Pence ignored in favor of his crusades against Planned Parenthood, reproductive choice and gay people. Our current Superintendent of Public Instruction has actually demonstrated knowledge of and support for public education–a welcome change from the last Republican to hold that position.

Attorney General Hill is the exception. I knew nothing about him before his election, and not much more now, but his more newsworthy activities have been troubling, to say the least. It isn’t just his enthusiastic defense of gerrymandering–a position not universally shared even among Indiana Republicans. (The reform bill that failed in Indiana’s last legislative session was co-sponsored by Republican Representative Jerry Torr and Republican Speaker of the House Brian Bosma, both of whom evidently recognize that the process is pernicious.)

Hill has also clashed with the Centers for Disease Control over needle exchange programs. According to Indiana Public Media, Hill is accusing the federal Centers for Disease Control and Prevention of manipulating facts in order to push a “pro-needle-exchange agenda.” Hill insists that needle exchange programs increase drug use, a claim that medical research has consistently debunked.

The new U.S. Surgeon General (and former Indiana Health Commissioner) Jerome Adams has been a vocal proponent of syringe exchanges.

“There’s been no evidence that [a syringe exchange program] increases drug use,” says Dennis Watson, a researcher at the Fairbanks School of Public Health. On the contrary, he says, exchange programs can actually decrease the amount of injection drug use…

A Seattle-based study found that syringe exchange participants were five times more likely to enter treatment than those who didn’t participate.

Perhaps Hill hasn’t had time to review evidence about gerrymandering or the results of needle exchange research, since–as the Indianapolis Star recently reported–he has been busy redecorating his offices.

Indiana Attorney General Curtis Hill is spending hundreds of thousands of dollars on office renovations and a new state vehicle, sparking criticism from some budget leaders.

The renovations underway at Hill’s Statehouse office are expected to cost about $279,000. That includes $78,000 for new furniture, $71,000 for historic replica painting and $2,500 for seven reclaimed chandeliers. The six-room office is home to Hill and 10 to 15 of his top staffers.

Of course, Hill has found time to appeal rulings that favored Planned Parenthood, that protected the rights of LGBTQ citizens and that allowed police to pat down people to determine whether they’re carrying guns.He’s a perfect partisan culture warrior.

Mike Pence must be so proud…..

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A Confederacy of Dunces

We now know what an “anti-elitist” Administration looks like.

It isn’t simply Keystone Kop Cabinet-level appointees who know nothing about the agencies they lead: Betsy DeVos, who lacks any background or training in education, never attended public schools, and never sent her children to public schools; Rick Perry, who barely eked out an agriculture degree and cheerfully admits he had no idea what the Department of Energy did; Scott Pruitt, who scorns “elitist” scientists, denies climate change, and is methodically dismantling the EPA at a time when its expertise is most needed. Etc.

Trump’s roster of White House advisers and Cabinet officials has been called the least experienced in recent presidential history.

But Trump’s war on “elitists”–defined as people who know what they’re talking about–extends well into the bureaucracy. Some recent examples:

Sam Clovis, a former right-wing radio talk-show host and failed Senate candidate from Iowa, has been nominated to be the chief scientist at the U.S. Department of Agriculture. ProPublica reports that Clovis is a vocal climate change denier who has no formal training in science at all.
Appointments to the Department of Health and Human Services have been anti-evidence culture warriors. The Hill reports that “Trump has appointed some of the nation’s worst anti-women’s health extremists to top cabinet posts in the agency, including the designation of birth control skeptic Teresa Manning to lead the nation’s family planning program.” One of the newest HHS additions — Valerie Huber — is a vocal advocate for discredited and misleading abstinence-only-until-marriage programs.
Of the 28 appointments to the Department of Energy analyzed by Pro Publica, only 10 had any relevant experience, and most of those had worked as lawyers, advocates or spokespeople for coal, oil or gas companies. (Then there are those appointees that Pro Publica calls “wild cards,” like Kyle Yunaska, a tax analyst at Georgetown University whose primary connection to the administration appears to be his status as the brother-in-law of Eric Trump.)

Media has focused more upon Trump’s paucity of nominations than the appalling nature of the nominations he has made; hundreds of positions remain vacant seven months into his term. Given the “quality” of his nominees, that may actually be a blessing.

The one area in which he has sent numerous nominees to be confirmed is the Judiciary, and those nominees are terrifying. Two examples:

John Kenneth Bush, Trump’s nominee for the Sixth Circuit, contributed regularly to Elephants in the Bluegrass, a political blog run by his wife, posting far-fetched parallels between Barack Obama and Monica Lewinsky and calling slavery and abortion two of America’s greatest tragedies. He consistently cited WorldNetDaily, an extremist publication known for peddling conspiracy theories and white nationalism, including the lie that Obama was not born in the United States.
Damien Schiff is Trump’s nominee for the US Court of Federal Claims. He has called Supreme Court justice Anthony Kennedy a “judicial prostitute” in a post, strongly disagreed with the Court’s decision ending punishment for sodomy in Lawrence v. Texas, and criticized a school district for teaching students that homosexual families and heterosexual families are equally moral.

When “elitism” is defined as expertise, and people who know what they are doing are for that reason disqualified, ideology and incompetence fill the void.

There’s a saying to the effect that the only foes that truly threaten America are the enemies at home: ignorance, superstition and incompetence. Trump is the trifecta.

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The Real “Deep State”

The conspiracy theorists who surround Trump (a/k/a the conspiracy theorist-in-chief) have issued dark warnings about the so-called “deep state.”

In this telling, there is a shadowy cabal of agency or military officials who secretly conspire to influence government policy and usurp the authority of democratically elected officials. Prior to Trump’s “democratic election,” the term was generally used to describe the politics of countries like Egypt, Turkey and Pakistan, where authoritarian elements worked within to undercut elected leaders. Trump and his inner circle, particularly the now-departed Bannon, have argued that the administration is being intentionally undermined by a network within the federal bureaucracy.

As the New Yorker has described it,

Some of Donald Trump’s most ardent supporters (and, in a different, cautionary spirit, a few people on the left) have taken to using “the Deep State” to describe a nexus of institutions—the intelligence agencies, the military, powerful financial interests, Silicon Valley, various federal bureaucracies—that, they believe, are conspiring to smear and stymie a President and bring him low.

In my City Hall days, a witty colleague opined that incompetence generally explains more than conspiracy–an observation that seems particularly appropriate here. Nevertheless, I think there is a deep state, although one that is rather different from the dark conspiracy conjured up by the Trumpsters. And we all should be deeply grateful to it.

Federal bureaucrats are routinely maligned; the word “bureaucrat” is semi-pejorative. There is an abundance of research, however, that confirms the public service motivations of people who work for government. The evidence is that public and private organizations attract different kinds of individuals, and those drawn to government have a desire to serve the public interest and are convinced of the social importance of their work.

I have a number of former students who work in federal agencies. In the wake of the election, two of them shared with me that they were torn: should they simply leave government, knowing that Trump neither understood nor appreciated the importance of what their agencies did? Or should they remain, focusing on the fact that their obligation is to serve the American people and the Constitution, not any individual President? Should they try to keep the federal government–at least, their small part of it–operating properly despite the chaos and dysfunction in Washington?

The ones I spoke with are still there. They are doing their jobs as best they can in the absence of rational policies and Presidential leadership, soldiering on despite still-unfilled senior positions and conflicting policy signals. They are the real “deep state”–the reason FEMA has responded appropriately (so far) to Hurricane Harvey, the reason Social Security checks continue to arrive on time, the reason that day-to-day American government still functions.

If and when America emerges from “Trumpism,” we’ll have the public servants of the deep state to thank.

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Dreaming…

From Reuters (as well as a number of other media outlets) we learn that

President Donald Trump is expected to rescind an Obama administration policy that protects from deportation nearly 800,000 immigrants who as children entered the country illegally, setting the stage for a fight with U.S. business leaders and lawmakers over tough immigration policy.

The article goes on to detail the negative response of the business community to the proposed action, and economists’ prediction that such a move would hurt economic growth and depress tax revenues.

Leave aside the economic consequences. Trump’s willingness to inflict immense human misery is what’s truly appalling. This would be the most immoral action taken thus far by a profoundly immoral administration.

The targets of this move are not criminals. They aren’t even immigration scofflaws; they didn’t choose to come to the United States illegally. They were children. They were brought here by their parents. Most of them have never known another home; significant numbers speak only English. They are productive citizens, small businesspeople and dependable employees, whose value to their communities has been amply documented. Why on earth would Trump want to deport them?

I think we all know the answer to that.

Reuters tells us that the overwhelming majority of the Dreamer immigrants came from Mexico and other Latin American countries. Most are brown, and brown and black people are by definition un-American “others” to the White Supremacists, neo-Nazis and other assorted bigots who are Trump’s core supporters.

Trump’s utter lack of human empathy has been obvious for a long time; it was prominently on display during his trip to Houston. So it is pointless to expect him to understand or care about the wrenching reality of his proposed order.

Vox has focused on that reality.

Hundreds of thousands of families in the US are anxiously awaiting a decision from President Donald Trump that could change the course of their lives. Will they lose their jobs? Will they have to drop out of college? Will immigration agents knock on their doors to kick them out of the country they consider home? And what will happen to their American kids if they have to leave?…

In the five years since DACA went into effect, thousands of undocumented immigrants have been able to go to college, get driver’s licenses and get jobs and pay taxes for the first time. Many now have their own children, who are American citizens. Parents with DACA are wrestling with the question of what to tell their children, and whether it would be best to leave them in the United States or take them away if they are forced to leave.

When comprehensive immigration reform once again failed to pass Congress, Obama addressed the situation of the so-called “Dreamers” with an executive order creating DACA–Deferred Action for Childhood Arrivals. It allowed a defined subset of young undocumented immigrants to get temporary Social Security numbers and deportation protection. They had to pass criminal background checks, pay taxes, and renew their DACA status every two years. The program was a temporary fix, but during the campaign, Clinton vowed to maintain it.

Trump, of course, made anti-immigrant rhetoric the centerpiece of a campaign that pandered, bigly, to rightwing bigotries.

It is heartbreaking to read the comments of DACA recipients interviewed in the Vox article. These are good people who are in an untenable situation because for years, Congress has consistently failed to pass an immigration bill. Most recently, rather than give President Obama a political “win,” the GOP simply blocked efforts to negotiate a legislative solution to a problem everyone recognized.

Now we have a President whose terrifying ignorance of government is matched only by his inability to think of anyone but himself. If Congress cannot be moved to action by the plight of 800,000 innocent DACA immigrants, there’s no reason to believe they will ever summon the moral courage to defy this bigot-in-chief.

This is a test, and I’m very much afraid America will fail it.

As a current Internet meme puts it: It’s no longer about whether Trump has any decency. It’s about whether we do.

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Lessons From Houston

I wonder if we will learn anything from the pictures of devastation coming from Houston.

Leave aside the contentious arguments over climate change, and the degree to which it contributed to the severity of the storm. There were other omens even denialists should have been able to appreciate. Last year, for example, a ProPublica/Texas Tribune investigation found that officials charged with addressing Houston’s obvious susceptibility to flooding had discounted scientists’ warnings as “anti-development.”

That reaction was so typically Houstonian.

For years, Houston has reveled in its “freedom” from “onerous, unnecessary regulations.” The city has no zoning, and its building codes are lax. As Newsweek has reported, Houston is “drowning in its freedom.”

The feeling there was that persons who own real estate should be free to develop it as they wish…In less-free cities, the jackbooted thugs in the zoning department impose limits on the amount of impervious cover in a development.

Houston’s allergy to “jackbooted thugs” like city planners and its preference for “freedom” over strict building codes is a longstanding feature of its politics. Whether that city’s powers-that-be will moderate their distaste for regulations that would mitigate future disasters remains to be seen.

Meanwhile, the federal government–under our “pro-business” President– is moving away from prudence and toward Houston’s free-wheeling approach.

As Vox explains,

Since 2015, infrastructure projects paid for by federal dollars have had to plan ahead for floods and water damage. But when Houston and surrounding towns start to rebuild after floodwaters recede from Tropical Storm Harvey, they won’t be required to plan ahead for the next big storm.

That’s because on August 15, President Trump rolled back the Federal Flood Risk Mitigation Standard, an Obama-era regulation. The 2015 directive, which never fully went into effect, required public infrastructure projects that received taxpayer dollars to do more planning for floods, including elevating their structures to avoid future water damage and alleviate the burden on taxpayers.

Trump characterized his move as repealing an onerous government regulation and streamlining the infrastructure approval process. But he was criticized by both environmental groups and conservatives, who said it made sense to try to protect federal investments.

Between 2005 and 2014, the federal government spent an estimated $277 billion dollars responding to natural disasters like Harvey.

Obama’s flood risk mitigation regulation was intended to reduce those sorts of expenditures by prescribing certain standards for newly constructed infrastructure. Adhering to those standards might cost more money upfront, but requiring such flood mitigation measures would save taxpayers far more in the long run. According to experts, flood mitigation has a 4-1 payback.

No federal projects were ever built with the new standards, because it took years to go through the required public comment process before the rules were finalized. As federal agencies like FEMA and the US Department of Housing and Urban Development were waiting for final approval, Trump nixed the standards. And without that final approval, the agencies won’t be able to act on any of Obama’s recommendations.

“Had those regulations been finalized for FEMA and HUD in particular, they would have ensured that all the post-Harvey rebuilding complied with those standards, helping ensure that we built back in a way that was safer,” said Rob Moore, senior policy analyst at the National Resources Defense Council.

When the floodwaters recede and Houston looks toward repairing and rebuilding its damaged infrastructure, there very may well be state and local officials advocating for more mitigation projects. But there will be no incentive from the Trump administration to do so.

In fairness, Trump didn’t invent this “penny wise, pound foolish” mindset. It is part and parcel of the anti-government rhetoric that is carefully nurtured by politicians who would never conduct their personal affairs in a similarly imprudent manner.

It will be interesting to see what lessons–if any– the anti-regulation, anti-government, anti-science zealots take from the disaster that is Houston.

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