Public Policy and Governance – Page 45

No Equal Rights For You!

In case you consider the concerns addressed in the book I promoted yesterday to be exaggerated, allow me to offer the following evidence that that the GOP is indeed waging war on women–that the Republican Party is working overtime to ensure that we females remain decidedly second-class.

The “Grand Old Party” is focused on denying us bodily autonomy, and in case we missed getting the message, has recently reinforced the message by refusing to extend the deadline for passing the Equal Rights Amendment.

The ERA passed Congress in 1972, having been first proposed in 1923. Constitutional amendments, under U.S. law, must be ratified by three-quarters of all state legislatures, meaning 38 states.

In 2020, Virginia became the 38th state to ratify the ERA, but it did so after the 1982 deadline to ratify the amendment had passed.

The Senate resolution would have removed the deadline so that the ERA could become the 28th Amendment. Sen. Ben Cardin (D-Md.) and Murkowski were the resolution’s lead co-sponsors.

Murkowski and Collins were the only Republicans to support the extension. The vote was 51 to 47 to invoke cloture on a motion to proceed, falling short of the 60 votes it it needed.

This would be a good time to reiterate my opposition to the filibuster as it is currently employed. In its current iteration, it bears little or no resemblance to the original rule.

A filibuster used to require a Senator to actually make a lengthy speech on the Senate floor–unlike today. In its current form, it operates to require government by super-majority, and it has become a weapon routinely employed by extremists to hold the country hostage.

The original idea of a filibuster was that so long as a senator kept talking, the bill in question couldn’t move forward. Once those opposed to the measure felt they had made their case, or at least exhausted their argument, they would leave the Senate floor and allow a vote. In 1917, when filibustering Senators threatened President Wilson’s ability to respond to a perceived military threat, the Senate adopted a mechanism called cloture, allowing a super-majority vote to end a filibuster, and in 1975, the Senate again changed the rules, making it much, much easier to hold the Senate hostage.

The new rules allowed other business to be conducted during the time a filibuster is (theoretically) taking place. Senators no longer are required to take to the Senate floor and publicly argue their case. This “virtual” use has increased dramatically as partisan polarization has worsened, and it has effectively abolished the principle of majority rule. It now takes sixty votes to pass any legislation, and has brought normal government operation to a standstill.

Operating together, gerrymandering, the Electoral College and the current iteration of the filibuster have allowed a minority party to exercise unwarranted power and throw sand in the levers of government.

In this case, a majority of Senators voted to assure the equal rights of America’s female citizens–but that majority vote was blocked by the members of what I have come to call the “anti” party–anti-woman, anti-Black/Brown, anti-Gay, anti-“woke.”

Anti-modernity.

I still remember long-ago arguments with what were then fellow Republicans about the necessity or advisability of the Equal Rights Amendment. Those who opposed its passage tended to rely on the language of the 14th Amendment, arguing that women could achieve legal equality under that language, and that a separate amendment was unnecessary.

In the wake of the Dobbs decision, which upended fifty years of 14th Amendment jurisprudence, that argument no longer passes the smell test.

Passage of the Equal Rights Amendment would establish gender equality as a fundamental constitutional right–something that, thanks to Justice Alito, we now know the Constitution doesn’t explicitly guarantee.

It would also bring the United States into compliance with international standards for human rights. (Granted, those standards are widely disregarded, but the United Nations has recognized gender equality as a fundamental human right.)

It took a hundred years for women to win the right to vote–and we have now fought (thus far, unsuccessfully) for an Equal Rights Amendment for exactly that long– it has been proposed and supported by feminists for nearly a century. (A representative of the National Women’s Party, Alice Paul, was the person who first introduced the Equal Rights Amendment to Congress in 1923.)

Currently, an overwhelming majority of Americans (81%) support passage of the amendment. The White Christian Nationalist cult that now controls the Republican Party disagrees.( Actually, it disagrees with pretty much anything promising equality for non-whites, non-Christians or non-males…)

Congress will not reflect the desires of the majority of Americans–and women will not have equal rights– until and unless we reform the systems that have turned our country into a failed democracy: gerrymandering, the Electoral College, and the current iteration of the filibuster.

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Think Tanks? Or Propaganda Mills?

For the past couple of years, I’ve had occasional exchanges of emails with a former government official who has gone by the name of Peter the Citizen, in order to protect his identity.I don’t know why he considered that necessary, but since his most recent transmittal–with his name– is available on the internet, I assume I can link to it.

It is worth noting that Peter is a self-described conservative who has worked on welfare issues for the Heritage Foundation, the American Enterprise Institute, and the White House under both President Reagan and President George H.W. Bush. He’s not a bleeding heart liberal; he is a policy person who takes evidence and honesty seriously.

Peter has shared his frustration with the ideologues who twist evidence in order to justify the punitive policies they favor. Most recently, he has shared inaccurate claims made by think tanks and Kevin McCarthy in support of imposing additional work requirements on the needy American beneficiaries of the Temporary Assistance for Needy Families (TANF) program, the Supplemental Nutrition Assistance Program (SNAP) and Medicaid. He especially zeros in on misinformation currently being produced by the American Enterprise Institute (AEI).

In seventeen pages of text (followed by two pages of footnotes), Peter responds to what AEI researchers present as summaries of the existing research on work requirements. One example:

AEI: “Higher labor-force participation translates to less poverty, and employment correlates to many other nonfinancial benefits, such as better physical and mental health. Encouraging work among benefit recipients gives them an opportunity to escape poverty and achieve upward mobility without depending on government assistance.”

Peter: To support the claim that “more work leads to less poverty,” Weidinger and Rachidi cite a recent study by Child Trends. This is hardly a surprising conclusion. The real question is, do work requirements lead to more work? Notably, Weidinger and Rachidi leave out the following statement from that same report:

We did see an increase in single mothers’ labor force participation in the 1990s. Yet, evidence from early-1990s welfare-to-work experiments and more recent research consistently indicate that, while work requirements can boost short-term employment and earnings, they do not have their intended effect of getting people into stable jobs that sustainably lift them out of poverty with their incomes. For example, previous research found that welfare reform accounted for only a small amount of the increase in single mothers’ employment rates in the mid-1990s….

In short, Weidinger and Rachidi celebrate a relatively small increase in employment (relative to the caseload decline), but ignore the fact that far more families are made worse off with detrimental consequences for children.

I chose the above example because it is one of the least technical (the paper’s language is nothing if not densely academic.) Suffice it to say that all seventeen pages follow the same trajectory: the argument put forward by the AEI researchers is followed by analysis and data showing that AEI has cited to studies which have been refuted, or has omitted language limiting the applicability of the portion they quote. In a couple of cases, AEI presents “facts” that aren’t: for example, the paper claims that the “pro-work TANF provisions in this proposal” are the same as those in the 2018 House Ways and Means legislation– the JOBS for Success Act.” Peter offers evidence showing that this assertion is factually inaccurate.

I am sharing this “in the weeds” effort by a Rightwing think-tank to justify reintroducing a policy that has proven to have substantial negative unintended consequences because –thanks to Kevin McCarthy and the mis-named “Freedom Caucus”– these proposals are part of the GOP’s debt ceiling legislation. Proponents argue that work requirements will grow the economy by helping more low-income adults enter the workforce and obtain higher earnings–addressing current labor shortages along the way.

There are two major problems with that argument for “reviving these proposals.”

One is that–as Peter points out– policymakers are not knowledgeable about work requirements or the evidence about their effectiveness. “Instead, they are swayed by the misinformation provided by conservative think tanks and other politicians who simply repeat uninformed talking points.”

The other, of course, is both more obvious and more infuriating: the debt ceiling fight is not an appropriate venue for any policy argument. Raising the debt ceiling allows the government to pay bills it has already incurred. Using a refusal to raise it as a weapon is despicable and deeply disturbing–a threat by blackmailers to upend the global economy if they don’t get their way.

One thing does come through loud and clear from reading that 17-page analysis; if sane Americans ever get control of our government, we really do need to strengthen and simplify our complicated and unwieldy social safety net.

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Intellectual Honesty

Today is primary Election Day in Indianapolis, so at some point this evening we will know the identities of the major party candidates for mayor of the city, and for City-County Council.

I’ve previously noted my concerns about the Republican campaign commercials urging more policing and less oversight as the remedy for (massively-exaggerated) urban crime, and as I was reviewing some files I’d kept, I came across an opinion piece from the New York Times that is particularly relevant to that approach.

The essay was by David French, who describes himself as a “conservative independent.” French left the Republican Party in 2016, “not because I abandoned my conservatism but rather because I applied it. A party helmed by Donald Trump no longer reflected either the character or the ideology of the conservatism I believed in, and when push came to shove, I was more conservative than I was Republican.”

The essay grappled with a question that has become much more salient in our highly partisan debates: Are instances of police misbehavior attributable to “bad apples”? Or do they signal deep and systemic problems with American policing?

French notes that our answers to that question reflect a massive partisan divide.

Every year Gallup releases a survey that measures public confidence in a variety of American institutions, including the police. In 2022, no institution (aside from the presidency) reflected a greater partisan trust gap than the police. A full 67 percent of Republicans expressed confidence in the police, versus only 28 percent of Democrats.

Why do Republicans and Democrats see the issue so differently?

The instant that a person or an institution becomes closely identified with one political “tribe,” members of that tribe become reflexively protective and are inclined to write off scandals as “isolated” or the work of “a few bad apples.”

Conversely, the instant an institution is perceived as part of an opposing political tribe, the opposite instinct kicks in: We’re far more likely to see each individual scandal as evidence of systemic malice or corruption, further proof that the other side is just as bad as we already believed….

There are good reasons for respecting and admiring police officers. A functioning police force is an indispensable element of civil society. Crime can deprive citizens of property, hope and even life. It is necessary to protect people from predation, and a lack of policing creates its own forms of injustice.

But our admiration has darker elements. It causes too many of us — again, particularly in my tribe — to reflexively question, for example, the testimony of our Black friends and neighbors who can tell very different stories about their encounters with police officers. Sometimes citizens don’t really care if other communities routinely experience no-knock raids and other manifestations of aggression as long as they consider their own communities to be safe.

French points out that whenever authority is combined with impunity, corruption and injustice will result. That’s as true of institutions on the Left as on the Right.

The police, after all, possess immense power in American streets, often wielded at the point of a gun. Yet the law systematically shields them from accountability. Collective bargaining agreements and state statutes provide police officers with greater protections from discipline than almost any other class of civil servant — despite the fact that the consequences of misconduct can be unimaginably worse. A judge-made doctrine called qualified immunity provides powerful protections against liability, even when officers violate citizens’ civil rights. Systemic police corruption and systemic abuse should not have been a surprise.

As French admits, he was surprised. He came late to the recognition that his reflexive defense of the “rotten apple” theory was wrong.

The lesson I’ve taken has been clear: Any time my tribe or my allies are under fire, before I yield to the temptation of a reflexive defense, I should apply my principles and carefully consider the most uncomfortable of thoughts: My opponents might be right, my allies might be wrong and justice may require that I change my mind. And it may, in all likelihood, require that I do this again and again.

This admirable example of intellectual honesty–the willingness to question one’s own assumptions and be guided by evidence rather than tribalism–is all too rare on both sides of the political divide. Good public policy–and good public officials–result from dispassionate analysis of evidence, not from a reflexive defense of our political “team.”

Here in Indianapolis, I guess we’ll see after the polls close whether pandering to what French calls the “darker elements” of the Republican admiration for police pays off….

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Quality Of Life

The unrepresentative Representatives who infest Indiana’s legislature have gone home, leaving citizens to consider the multiple harms done during the concluded session. One harm that was mostly overlooked was their refusal to invest in Indiana’s state parks.

As the Capital Chronicle has reported,

Indiana Senate Republicans’ disregard for our parks and for the benefits they bring to Hoosiers’ quality of life was on full display recently when they zeroed out Gov. Eric Holcomb’s requested investment of $25 million for the President Benjamin Harrison Land Trust.

The Trust is the mechanism through which the state purchases land for conservation and parks. As the Chronicle editorialized,

Our Indiana parks and natural spaces are a treasure. They bring more than a connection to nature. They bring jobs, economic growth, and a quality of life that attracts and retains talent…. A 2016 study commissioned by the Indiana Chamber of Commerce and the Wellness Council of Indiana stated, “infrastructure related to traditional wellness activities (such as trails, playgrounds, parks, and open green space) matter more than ever in where people and subsequent businesses relocate.”

Parks are highly prized and extensively utilized–a quality of life asset–and as Michael Hicks recently documented, economic growth is tightly tied to quality of life indicators. It’s one reason some places grow while others shrink.

First, most migration is concentrated among younger people with high human capital. Yes, retirees move, as do folks in mid-life, but most don’t. One result of the age concentration of migrants is that this movement of people also drives natural population change of births minus deaths. So, places with net in-migration tend to thrive over the coming decades, while places that lose folks do not.

Migration of people is driven by three factors; economic opportunity, quality of life and housing elasticity. Housing elasticity is simply whether the supply of housing adjusts to demand. With the exception of a dozen or so large metropolitan areas in the U.S., housing elasticity plays no meaningful role in household migration. In fact, the Midwest currently benefits from bad housing policies in other regions such as the West Coast. Thus, migration in the Midwest really comes down to economic opportunity and quality of life.

For most of American history, people moved for better farmland, better jobs and/or better places to start businesses. As the role of educated workers has grown, however, and the share of college graduates explains nearly 80 percent of the growth and earnings in a city, people began to value more than just economic opportunity in their location choices.

Today, research shows that jobs follow people, not business-friendly tax climates.

In 1980, few places enjoyed both economic opportunity and high quality of life, but as of 2019, they are highly correlated…

Over the past couple of decades, families found that their location choices were vastly expanded. Economic opportunity was tied to the places where people clustered, and people clustered where the quality of life was good.

In the 60s and 70s, the perceived differences between places was driven by nature–climate, mountains, lakes– not government. That has changed.

The empirical evidence is now extraordinarily clear. Places with restrictive social policies in the United States fail to become destinations for economic opportunity. They struggle to attract and retain their share of well-educated people. That trend is sure to continue, if not accelerate.

Another change: in the 2000s, a national focus on school quality emerged.

At the same time, labor markets began valuing education far more heavily. So, for the past couple of decades, it has become obvious that the quality of a K-12 and college education were prime determinants of economic opportunity for individuals.

In the post-COVID environment, the role of quality of life is even stronger. Today a quarter of all young, educated people have full-time remote jobs, and half work at least partially remote. The certain effect of this is that the amenities (and dis-amenities) of a region will weigh more heavily on prospective residents than ever before.

So, what do we know about the characteristics of a high quality of life? Excellent schools, natural amenities/climate, and local recreational opportunities head the list.

What is new is the fact that the effect of quality of life on population growth is close to four times larger after COVID than in the decade before. Much of that is due to remote work accelerating the existing trends. We don’t yet know how long that will last, but my guess is for at least a generation. We also know that a welcoming social climate matters.

Meanwhile, Indiana’s legislature continues to pursue an outdated low-tax strategy, shortchanging education and parks, among other quality of life amenities, and doubling down on misogyny and homophobia.

No wonder we’re not thriving.

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Falling Off The Cliff..

America’s MAGA Governors are increasingly divorced from reality.

I was struck by the title of a recent op-ed by Eugene Robinson in the Washington Post: “Ron DeSantis’ political War on Disney Makes Trump Look Reasonable.”

You really have to fall far, far off the sanity cliff to make Donald Trump look reasonable, but Robinson makes a compelling case.

I mean, seriously, what kind of governor threatens the revenue of a company that is his state’s biggest private employer, No. 1 corporate taxpayer and most popular tourist attraction? For that matter, what kind of self-proclaimed conservative Republican believes a governor has the right to punish a corporation for publicly disagreeing with his policies?

The battle DeSantis has chosen to wage against Walt Disney World always seemed petty and ill-advised. It now looks obsessive and weird — and I fear it tells us something alarming about the man who is running second in the polls, behind Donald Trump, for the 2024 Republican presidential nomination.

DeSantis’ obsessive need to punish a private company that dared criticize him has evidently been supercharged by the fact that Disney outfoxed him.

DeSantis wanted to take away Disney’s near-total control over the county Disney World inhabits. An agreement from the 1960s gave the company its own taxing district –along with responsibility for policing, firefighting, road maintenance and other government-like duties.

DeSantis had a tough, “anti-woke” oversight board all set to take charge of the special district and show Disney who’s boss — only to learn, late last month, that the Disney-friendly outgoing board had signed an agreement stripping the new board of its power and allowing Disney to continue operating with near-total autonomy for the foreseeable future.

Rather than walking away from further confrontation, DeSantis is asking Florida’s legislature to reverse Disney’s maneuver while ranting about punishing the company — the state’s biggest employer — by developing the land around Disney World in ways that would repel paying customers. “Maybe try to do more amusement parks,” he said at a news conference. “Someone even said, like, maybe you need another state prison.”

As if attacking the premier tourist attraction in his state for daring to disagree with him wasn’t insane enough, DeSantis and his compliant legislature are also continuing their destructive vendetta against the state’s universities.

But they’ll have trouble out-crazying Texas.

Talking Points Memo recently reported on a vote by the Texas Senate to end tenure at the state’s three dozen or so public universities.

Many observers in Texas think it’s unlikely that the tenure ban will pass the GOP-controlled Texas House. I hope that’s right. But even if it dies there, we have to reckon with how far Texas senators were willing to go.

As the article noted,

SB 18 would eliminate tenure only for newly hired professors and would allow a university system governing board to set up its own system of “tiered employment” for faculty, as long as professors receive an annual review.

But let’s not kid ourselves. Eliminating tenure for new hires would put Texas universities at an extreme disadvantage when recruiting faculty. It would cripple many graduate programs. It would inject politics deeply into university management and administration. It would allow state government to play the same kinds of games with higher ed that they love foisting on elementary and secondary educators.

In Florida, DeSantis has pursued an unremitting assault on state educational institutions–from censoring the books that can be used in its public schools, to “don’t say gay” bills, to a variety of attacks on anything the Governor–in his warped worldview–considers “wokeness” on college campuses.

Recent research suggests these attacks on their universities will dramatically reduce the number of high school graduates willing to consider pursing higher education in either state. Axios has reported on a recent study showing college choices increasingly affected by state politics.

Although both liberal and conservative high school graduates affirmed the importance of the state’s political climate to their choice of colleges, young liberals outnumber conservatives by some 2-1, making this a much bigger problem for Red states. One finding should concern Indiana as well as Florida and Texas.

Among all college students, the support for states that have greater access to abortion is by an overwhelming 4-to-1 margin, including two-thirds of Republicans who said they prefer states with less restrictive abortion laws. It’s also a pronounced winner among women (86%) and men (74%) alike.

Prospective students aren’t the only ones avoiding states with abortion bans. The Washington Post has reported a steep drop in applicants for obstetrics and gynecology residencies in those states–drops that will deprive residents of critically-needed medical care.

DeSantis and Abbott are depressingly representative of today’s Republican lawmakers– a collection of loony-tunes aspiring autocrats pursuing suicidal policies repellent to anyone outside crazy MAGA world.

As my grandmother would have said, “A wellness it isn’t.”

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