Under The Radar

The Trump administration’s daily assaults to American laws and norms have produced a sort of outrage fatigue in many of us. That can be dangerous.

As we hold our collective breath and cross our fingers–hoping that Muller’s investigation will provide enough evidence of criminality and/or treason to make impeachment imperative, or for the Democrats to regain control of Congress in 2018, or (even less likely) for Republicans in the Senate to put the national interest above partisanship– we have difficulty keeping up with the multiple ways this administration is undermining the rule of law and weakening democratic norms.

The Resistance needs a strategy that distinguishes between horrific decisions that can be reversed if and when sanity returns to the Oval Office (or Republicans in Congress grow a pair), and those that will have profound and long-lasting negative effects on our constitutional system. We can afford to bide our time on the first category–although a lot of people will be hurt in the meantime –but we have to be absolutely ferocious in resisting measures that will damage the country in the longer term.

The media has highlighted Trump’s failure to fill hundreds of second-and-third level positions in his administration. That failure is further evidence of the ineptitude of the current White House, but it is also a blessing in disguise. (Case in point: the current nominee for Chief Scientist at the Department of Agriculture is not a scientist; he’s a right-wing talk show host. Better vacancies than filling an administration with such people. ).  An administration that cannot function properly cannot do as much damage as one that efficiently pursues counterproductive policies.

At the same time, the media has been insufficiently alert to Trump’s alacrity in filling judicial vacancies. A recent report from Huffington Post began:

Thursday was a good day for Amy Coney Barrett. A Senate committee voted to advance her nomination to be a federal judge.

It wasn’t a pretty vote. Every Democrat on the Judiciary Committee opposed her nomination. They scrutinized her past writings on abortion, which include her questioning the precedent of Roe v. Wade and condemning the birth control benefit under the Affordable Care Act as “a grave infringement on religious liberty.” One Democrat, Al Franken (Minn.), called her out for taking a speaking fee from the Alliance Defending Freedom, a nonprofit that’s defended forced sterilization for transgender people and has been dubbed a hate group by the Southern Poverty Law Center.

But Republicans don’t need Democrats’ votes, and now Barrett, a 45-year-old law professor at the University of Notre Dame, is all but certain to be confirmed to a lifetime post on the U.S. Court of Appeals for the 7th Circuit — a court one level below the Supreme Court.

Barrett isn’t the only Trump nominee who is likely to upend settled Constitutional principles.

Consider John Bush. The Senate confirmed him in July, on a party-line vote, to a lifetime post on the U.S. Court of Appeals for the 6th Circuit. Bush, 52, has compared abortion to slavery and referred to them as “the two greatest tragedies in our country.” He has also said he strongly disagrees with same-sex marriage, mocked climate change and proclaimed “the witch is dead” when he thought the Affordable Care Act might not be enacted.

The Senate also confirmed Kevin Newsom, 44, to the U.S. Court of Appeals for the 11th Circuit in August. He wrote a 2000 law review article equating the rationale of Roe v. Wade to Dred Scott v. Sandford, the 1857 decision upholding slavery. He also argued in a 2005 article for the Federalist Society, a right-wing legal organization, that Title IX does not protect people who face retaliation for reporting gender discrimination. The Supreme Court later rejected that position.

Ralph Erickson, 58, was confirmed to the U.S. Court of Appeals for the 8th Circuit in September. As a district judge in 2016, he was one of two judges in the country who ordered the federal government not to enforce health care nondiscrimination protections for transgender people.

Judicial nominees yet to be confirmed have supported discrimination against LGBTQ people, the “personhood” of fetuses, and a state’s right to criminalize “consensual sodomy.”

If Trump has been dilatory in filling administrative posts, he’s been an Energizer Bunny when it comes to the courts.  He has already nominated 17 circuit court judges and 39 district court judges, far more than his predecessors.

He’s also got more court seats to fill, having inherited 108 court vacancies ― double the number of vacancies Obama inherited when he took office. (That’s largely thanks to Republicans’ despicable years-long strategy of denying votes to Obama’s court picks to keep those seats empty for a future GOP president to fill–a strategy that prioritized partisan advantage over justice by overburdening federal courts and causing lengthy delays for litigants.)

Federal judges have lifetime appointments. Usually, the country benefits from the fact that these jurists are insulated against the threat of arbitrary dismissal; federal courts are currently demonstrating the great value of an independent judiciary as checks on Trump’s most autocratic tendencies.

If the administration is able to fill the federal bench with Roy Moore clones, however, we can say goodby to checks and balances and the rule of law as we have understood it.

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Another Last Straw

Every morning since January 20th, Americans have awakened with foreboding: what new attack on reason and sanity has our tweeter-in-chief launched today? And what excuses for inexcusable behavior will spineless GOP Senators and Representatives offer this time?

Optimists wil predict that this (insert latest outrage) will be the final straw. Realists respond that, given the invertebrates in Congress and the ship  of fools that is the cabinet, it won’t be.

Yesterday, we woke to discover that Trump unilaterally and abruptly ended the Obamacare subsidies that make health insurance affordable for millions of Americans. Every single health-care organization in America opposed this action, but if there’s one thing we’ve learned about Donald Trump, it’s that he’s a know-nothing unwilling to listen to people who actually know something.

Congress failed to “repeal and replace” the ACA, so Trump has evidently decided to simply destroy it. The fact that many people will die is obviously of no importance to Mr. Me Me Me. In his zeal to destroy the ACA (and all vestiges of Obama’s legacy), he had already cut the enrollment period for 2018 in half, cut 90% out of the advertising budget and eviscerated the so-called “navigator program” that helps people through the ACA enrollment process.

At the Washington Post, Catherine Rampell warns that Trump’s sabotage is likely to destroy the system.

President Trump has made a lot of promises on health care.

Somehow, though, I don’t remember him promising stadiums of cheering fans that he’d take away protections for preexisting conditions, increase deductibles, spike premiums, eliminate basic coverage requirements and, more generally, destabilize the individual health-insurance market.

After explaining what yesterday’s Executive Order will and will not do, Rampell concludes that this impulsive and destructive act was “pretty much on brand for this nihilistic president: When you can’t come up with a new system that works, just blow up the old one.”

One of the most maddening aspects of Trump’s Order is that withdrawing the subsidies will actually cost the federal government money. A lot of money. The Kaiser Family Foundation has estimated that “savings” of 10 billion dollars would be offset by a rise in premium tax credits to 12.3 billion. In other words, the federal government will be paying  2.3 billion dollars more by making health insurance unaffordable once again for untold numbers of Americans.

The CBO projects that cutting off the subsidies will cause premiums to rise 20 percent by 2018 and 25 percent by 2020, and will increase the budget deficit by nearly $200 billion by 2026.

It’s really expensive to screw over the American public, but don’t expect the man with the tacky gold toilet to worry about budgets.

A number of people have compared Donald Trump to Richard Nixon. Admittedly, there are parallels:  Nixon was also mentally ill, also a bigot, and also willing to sacrifice American lives for political advantage.  However, despite his paranoia and some truly unforgivable–even treasonous– decisions, Nixon was intelligent and informed. He knew how government worked and what it was for, and he made some good decisions, including creation of the EPA and opening relations with China.

Trump is profoundly ignorant of government and policy, is clearly uninterested in learning, and is the loosest of loose canons. In ten short months, the man Rex Tillerson has (accurately) described as a “fucking moron” has made America an international laughing-stock, and his irrational behaviors toward North Korea and Iran have brought us dangerously close to nuclear war.

With Trump, I worry that the final straw will be a mushroom cloud.

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Economic Development Develops

Every so often, we need to take our eyes off the clown show in Washington, D.C., and consider what’s happening elsewhere. For example, the much-hyped competition for Amazon’s second headquarters.

I hate to be Debby Downer, but that competition is an excellent example of what’s wrong with current approaches to economic development. Economic development offices around the country participate in what is nationally a zero-sum game–attracting businesses from one locality to another, and spending lavishly to do so. (According to several sources, states and counties have awarded over $1.3 billion in incentives just to attract Amazon’s fulfillment centers.)

As a Brookings Institute report recently noted, this approach to job creation is problematic.

The most obvious is that in each of these cases, Amazon was going to come with or without incentives. It is a core tenet of Amazon’s strategy to be able to rapidly deliver products directly to people’s homes, increasingly with same day service, so they must have a major presence in every large region. Seemingly every metro area we’ve worked in over the past several years has highlighted the attraction of an Amazon facility as a major local economic development success story. (A quick web search confirmed the presence or recent announcement of one or more major Amazon fulfillment centers in or near each of the 40 largest US metro regions.) In these cases, state incentives make no sense. And county incentives are used only to influence selection of the actual site within a region, thus pitting local jurisdictions against each other to claim a political win, with no actual competitive benefit to the regional economy….

Another issue is spatial mismatch. In our work across the country, many employers such as Amazon express frustration in not being able to find enough workers—while at the same time, workers complain of not having access to good jobs. This problem is predictable. While traditional retail jobs are spread throughout metro areas to be near customers (and by default, the workforce), warehouse and logistics operations (such as Amazon’s) consolidate employees under one roof on the periphery of the metro…. The Amazon jobs that replaced these are less accessible to many of the lower-skilled employees that are best suited to fill them because workers do not live nearby. Lack of access to transit, zoning decisions that limit nearby affordable housing, and childcare responsibilities severely limit the number of workers in a given region for which this type of job commute makes sense.

The Amazon Headquarters frenzy highlights what economic development has become; a system that revolves around government giveaways to corporations.

There’s a better way. And the Indianapolis Chamber of Commerce has recently partnered with Brookings to research that better way, culminating in a report titled “Rebuilding the Dream: Inclusive Growth in the Indianapolis Region.” It begins with a recognition that the economy is “misaligned between employer needs and workforce capability, and riddled with barriers to upward mobility,” and it urges policymakers to focus on removing those barriers and creating the conditions for inclusive and sustainable growth.

Rather than a competition to bring new employers to the region, the report advocates an emphasis on expanding companies that are already here, especially but not exclusively in so-called “advanced” industries (tech, very broadly defined). If those companies are to grow, however, they need access to a workforce capable of doing the jobs they are creating. The report enumerates the multiple barriers those potential employees face, and recommends a comprehensive and strategic approach to their removal: improved transportation, childcare,  health care innovations, language and training opportunities, etc.

This makes so much sense.

Rather than prospecting for companies willing to relocate and then bribing them with our tax dollars, the Chamber wants us to spend those dollars on measures that will reduce the mismatch between employer needs and the ability of unemployed or underemployed residents to meet those needs.

This is an investment that would pay real–rather than PR– dividends. Policymakers should endorse it.

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Footing The Bill For Proselytizing

The Fort Wayne Journal Gazette has reported on Indiana’s school voucher program–the largest such program in the United States–and has followed that report with a wider-ranging, scathing editorial listing additional issues with the program.

The newspaper’s revelations didn’t surprise those of us who have been watching what I can only call “the voucher scam.” Whatever the motives of the people who originally supported these programs–and I know that some of them were sincerely trying to improve educational opportunities for poor children– vouchers have become the weapon of choice for theocrats who have long felt threatened by public education.

As the article notes,

Taxpayers in Indiana are footing the bill for student scholarships to schools that push ultraconservative and sometimes bigoted viewpoints.

More than 30 private schools participating in Indiana’s school voucher program use textbooks from companies that teach homosexuality as immoral, environmentalism as spiritually bankrupt and evolution as an evil idea.

Of the 318 private schools participating in Indiana’s Choice Scholarship Program – a voucher program that uses public funding to help students afford private schools – 36 use at least one textbook or piece of curriculum created by either Abeka or Bob Jones University Press.

The reporters checked the websites of 131 Christian schools that participate in Indiana’s “Choice” program, looking for details about their curricula. If a school didn’t have a website, or the information on the site was inadequate, they reached out via phone and email. Most failed to respond.

Who are Abeka and Bob Jones University Press? How do their textbooks compare with standard classroom materials?

Abeka, a textbook company, is affiliated with Pensacola Christian College, a far-right religious university in Florida that bans “dancing” and “satanic practices” in its code of conduct. Bob Jones University Press is affiliated with its eponymous university, which outlawed interracial dating until the year 2000.

According to education scholars, the textbooks produced by Abeka and Bob Jones are filled with inaccurate history and distorted science. A  historian is quoted in the article saying that the history texts don’t teach anything “that could accurately be called history;” instead, she said, “They are essentially proselytizing for Protestant Christianity.”

In a middle school American history textbook published by Abeka, titled “America: Land I Love,” Satan is blamed for the spread of the theory of evolution and modern psychology, according to a book procured by HuffPost.

A high school world history textbook from Bob Jones University Press also pushes falsehoods and stereotypes. One chapter asserts that it was Jewish religious leaders who plotted to kill Jesus Christ, a myth that has long been used to fuel anti-Semitic sentiment.

Of the 318 schools that currently participate in Indiana’s voucher program, more than 95 percent are explicitly religious. According to the Journal Gazette’s calculations, at least 4,240 children receiving vouchers funded by tax dollars attend schools that use the Abeka or Bob Jones’ textbooks.

Of course, not all participating schools use these texts, and some 34,000 students have now participated in Indiana’s voucher program, so it is only fair to consider how they are doing overall. After all, voucher programs have now been around long enough to be evaluated.

The news isn’t good.

The research simply doesn’t support the rosy claims made by proponents. In Indiana, studies show that children using vouchers have an average annual loss of 0.10 standard deviations in mathematics when compared to comparable public school students; that same research found no statistically meaningful difference in reading.  Research from other states has yielded even more disappointing results.

These schools may be bringing children to Jesus, but they aren’t improving their educations.

So–let’s sum up what we know: Significant resources are being diverted from Indiana’s struggling public schools in order to send funds to private religious schools that do not improve children’s performance in reading, and significantly worsen their performance in math. An indeterminate number of those schools substitute extremist religious indoctrination for accurate instruction in history and science.

This is the Mike Pence “model” that Betsy DeVos wants to replicate nationwide.

These are your tax dollars at work.

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Trashing The Country

I see that Scott Pruitt intends to roll back the Clean Power Plan put in place during the Obama administration.  Pruitt’s devotion to fossil fuel interests and his determination to eviscerate the agency he heads is, if anything, stronger than ever. To hell with clean air and water, or for that matter, the future of the planet.

The Guardian recently looked at another of the Obama-era regulations that Trump and Pruitt reversed.

A ban on bottled water in 23 national parks prevented up to 2m plastic bottles from being used and discarded every year, a US national park service study found. That is equivalent to up to 326 barrels of oil worth of emissions, 419 cubic yards of landfill space and 111,743lb of plastic, according to the May study.

Despite that, the Trump administration reversed the bottled water ban just three months later, a decision that horrified conservationists and pleased the bottled water industry.

Donald Trump’s primary policy motivation has been clear from the moment he assumed office: the erasure of Barack Obama’s legacy, no matter what the policy, no matter how good for America, no matter how good endorsing it would be politically for Trump himself. If Obama did it, Trump is determined to undo it.

For whatever reason–Obama’s skin color (Trump’s racism is no longer in question), his devastating take-down of Trump at that correspondent’s dinner, or some other motivation lurking in Trump’s clearly disordered mind–the only consistent thread in the disaster that is this administration is the determined and vicious assault on Obama’s legacy.

Did Obama want clean water and breathable air? Then those things aren’t important. Did he want to protect our national parks from pollution and despoiling? “Freedom” means letting plastic bottles proliferate!

The plan to curb pollution in America’s most famous wilderness areas was spurred when arguably its most famous park, the Grand Canyon, banned the sale of plastic water bottles in its gift shops, according to the report. Approximately 331 million people visit US national parks each year.

The program was meant to support a “life cycle” approach to plastic, which activists say is the largest global threat to the environment behind climate change. One million plastic bottles are sold per minute, according to a Guardian analysis. The top six drink companies in the world use an average of just 6.6% recycled plastic.

At the same time, new research has shown that plastics which find their way into the sea have entered the food supply. Scientists have found plastic particles in sea salt, honey, fish, beer and tap water.

When the parks began banning bottled drinking water in 2011, they installed hydration stations with free water. But that didn’t stop the bottled water industry from accusing the government of “infringing the freedom of families to decide for themselves how to hydrate.”

Think I’m kidding?

“It should be up to our visitors to decide how best to keep themselves and their families hydrated during a visit to a national park, particularly during hot summer visitation periods,” said the acting service director, Michael Reynolds.

You can’t make this shit up.
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