Tag Archives: federal

It’s Not Every Day That a Federal Judge Pens a Tribute to a Transgender Teen

Mother Jones

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Gavin Grimm, a 17-year-old transgender boy from Virginia, has had a rough few months. He’s suing for access to the boys’ bathroom at his high school, and in March the Supreme Court announced that it was kicking this landmark transgender rights case back to a federal appeals court.

Today, that appeals court rejected his request to expedite his case, which means it won’t be heard until after he graduates. But along with today’s order, Judge Andre Davis of the 4th Circuit Court of Appeals penned a remarkable, must-read tribute to the teen, calling him a “brave individual” and quoting Dr. Martin Luther King:

Our country has a long and ignominious history of discriminating against our most vulnerable and powerless. We have an equally long history, however, of brave individuals—Dred Scott, Fred Korematsu, Linda Brown, Mildred and Richard Loving, Edie Windsor, and Jim Obergefell, to name just a few—who refused to accept quietly the injustices that were perpetuated against them. It is unsurprising, of course, that the burden of confronting and remedying injustice falls on the shoulders of the oppressed. These individuals looked to the federal courts to vindicate their claims to human dignity, but as the names listed above make clear, the judiciary’s response has been decidedly mixed. Today, G.G. adds his name to the list of plaintiffs whose struggle for justice has been delayed and rebuffed; as Dr. King reminded us, however, “the arc of the moral universe is long, but it bends toward justice.” G.G.’s journey is delayed but not finished.

The tribute ends with a footnote of a poem by Naomi Shihab Nye. Read the whole thing here.

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It’s Not Every Day That a Federal Judge Pens a Tribute to a Transgender Teen

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Are Conservative Economists Too Influential? Nah. It’s Worse Than That. But Also Better.

Mother Jones

Brad DeLong is unhappy that his faction of economists had so little influence on public policy during the Great Recession. But I think he makes a fundamental error:

Alesina and Ardagna and Reinhart and Rogoff each had more influence on what policymakers and journalists thought about the effects of fiscal policy than did Paul Krugman and company, (including me). While the Federal Reserve went full-tilt into quantitative easing (but not stamped money or helicopter money), it did so in the face of considerable know-nothing opposition. And the ECB lagged far behind in terms of even understanding its mission. Why? Because economists Taylor, Boskin, Calomiris, Lucas, Fama, and company had almost as much or even more impact as did Paul Krugman and company.

….The most salient relatively-recent example was provided by Carmen Reinhart and Kenneth Rogoff who argued that it was risky for a country to have a debt-to-GDP ratio greater than 90 percent….I think we have by far the better of the argument. There is no tipping point. Indeed, there is barely a correlation, and it is very hard to argue that that correlation reflects causation from high initial debt to slower subsequent growth.

Yet it is very clear that even today Reinhart and Rogoff—and allied points by economists like Alberto Alesina, Francesco Giavazzi, et al., where I also think we have the better of the argument by far—have had a much greater impact on the public debate than my side has.

Brad’s error is in thinking that any of these economists influenced public policy. They didn’t. Politicians and central bankers wanted to do certain things, so they highlighted research from economists who happened to agree with them. Roughly speaking, when Congress wanted to spend more money, it asked for testimony from the Brad DeLongs of the world. When it wanted to cut spending, it asked for testimony from the Reinharts and Rogoffs. Likewise, central banks have their own models and their own political pressures, and they responded to them. They didn’t really care what any academic economists happened to say about it.

This may sound depressing if you’re an economist. Who wants to be nothing more than a handy mouthpiece for whichever politician happens to like the policy implications of your particular beliefs? But in fact, the news isn’t so bad after all.

Brad’s post is titled, “Why Were Economists as a Group as Useless Over 2010-2014 as Over 1929-1935?” But they weren’t. If we had responded to the 2007-08 financial crisis the same way we did to the 1929-32 financial crisis, we’d still be waiting for a rerun of World War II to pull us back to normal. The reality was far less grim. We might not have responded ideally, but we responded a helluva lot better than we did in 1931. That’s why it was a Great Recession, not a Great Depression.

And the reason for that is economists. Over the past 70 years they’ve had a tremendous impact on public policy. Compared to 1931, even the austerians are basically ultra-liberals who are just a few degrees less ultra-liberal than DeLong and Krugman. For better or worse, economists have enormous influence, but it’s influence exercised over the course of decades. On that score, the Keynesians are overwhelming winners who have moved the center of gravity of the profession far to the left. It’s only within the current center of gravity that conservatives seemed influential on public policy in 2009-10. But that’s almost always the case. Wherever the Overton Window happens to be, the conservative end is usually ascendant. What really matters, though, is where the window is.

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Are Conservative Economists Too Influential? Nah. It’s Worse Than That. But Also Better.

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Republicans Just Voted to Let Internet Service Providers Sell Your Browsing History

Mother Jones

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The Republican-controlled US House of Representatives on Tuesday repealed privacy rules that would have required internet service providers such as Comcast and Time Warner Cable to get consumers’ consent before selling or sharing their web browsing data with advertisers and other companies.

“Consumers should be in control of their own information,” Rep. Jared Polis, (D-Colo.) said in testifying against the bill. “They shouldn’t be forced to sell and give that information to who-knows-who simply for the price of admission for access to the internet.”

The vote overturned rules passed in October by the Federal Communications Commission that tightened limits on what internet service providers (ISPs) could do with their users’ data. The rules, which would have taken effect later this year, required ISPs to notify consumers about the type of information they collect, and obtain their consent, before selling it to third parties. The rules also made ISPs more accountable for preventing data breaches.

The measure was passed on a 215 to 205 vote, with most Republicans in favor of the repeal and most Democrats against. It still needs to be signed by President Donald Trump before it will become law, though that appears to be a given after the White House expressed support for the repeal on Tuesday.

The repeal measure was originally introduced in the US Senate by Jeff Flake, (R-Ariz.), where it passed last week on a party-line vote. Flake has argued that the FCC rules could “limit consumer choice, stifle innovation, and jeopardize data security by destabilizing the internet ecosystem.” Ajit Pai, Donald Trump’s FCC chairman, has argued that the rules put ISPs at a disadvantage to internet companies such as Google and Facebook, which are able to harvest and monetize personal information more freely.

But privacy advocates say that stricter rules for ISPs make sense. “Google doesn’t see everything you do on the Internet (neither does Facebook, for that matter, or any other online platform)—they only see the traffic you send to them,” according to an explainer on the rules by Electronic Frontier Foundation. “And you can always choose to use a different website if you want to avoid Google’s tracking. None of that is true about your ISP… That’s why we need the FCC’s privacy rules: ISPs are in a position of power, and they’ve shown they’re willing to abuse that power.”

The acronym “ISP” should now stand for “Information Sold For Profit” and “Invading Subscriber Privacy,” said Sen. Ed Markey (D-Mass.) during last week’s debate over the bill in the Senate. “President Trump may be outraged by fake violations of his own privacy, but every American should be alarmed by the very real violation of privacy that will result from the Republican roll-back of broadband privacy protections.”

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Republicans Just Voted to Let Internet Service Providers Sell Your Browsing History

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Trump: Failure of Health Care Bill Is All Democrats’ Fault

Mother Jones

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It’s laughable watching President Trump whine endlessly this afternoon about how his health care bill didn’t get any Democratic votes. Not one! The Democrats just wouldn’t work with him to craft a bill! Boy, that sure makes things tough.

Needless to say, neither Trump nor Paul Ryan ever tried to bring Democrats into this bill. It was purely a Republican plan from the start, and neither of them wanted any Democratic input. That’s just the opposite of Obamacare, where Democrats tried mightily to get Republican buy-in, and still ended up getting no Republican votes in the end. Not one!

Anyway, Trump’s plan now is to wait for Obamacare to implode and then Democrats will have to do a deal. I guess it hasn’t occurred to him that he could do a deal with Democrats right now if he were really serious about fixing health care. But no. Trump says he intends to move on to tax reform, because that’s something he actually cares about.

In the meantime, it’s very unclear what will happen to Obamacare. With so much uncertainty surrounding it, it’s hard to say how insurance companies will respond. They might give up and pull out. Or they might stick it out and wait. It’s pretty close to a profitable business now, so there’s probably no urgency one way or the other for most of them. And anyway, somewhere there’s an equilibrium. Having only one insurer in a particular county might be bad for residents of that county, but it’s great for the insurer: they can raise their prices with no worries. There are no competitors to steal their business, and the federal subsidies mean that customers on the exchanges won’t see much of a change even if prices go up. In places where they have these mini-monopolies, Obamacare should be a nice money spinner.

April will be a key month, as insurers begin to announce their plans for 2018. We’ll see what happens.

POSTSCRIPT: It was also amusing to hear Trump say that he learned a lot during this process about “arcane” procedures in the House and Senate. Like what? Filibusters? Having to persuade people to vote for your bill? The fact that the opposition party isn’t going to give you any votes for a bill that destroys one of their signature achievements? Reconciliation and the Byrd rule? I believe him when he says this was all new to him, which means he never had the slightest clue what was in this bill or how it was going to pass.

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Trump: Failure of Health Care Bill Is All Democrats’ Fault

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Trump Declares War on EPA Mileage Standards

Mother Jones

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California has made a lot of noise about being the front line of resistance to President Trump, but mostly it’s just blather. This week, however, it’s finally getting very real:

President Trump will direct the Environmental Protection Agency on Wednesday to shelve aggressive vehicle fuel economy targets that are a pillar of climate action and anti-pollution efforts in California and nationwide, according to a senior administration official.

…Targeting them puts the White House on a path of direct and costly confrontation with California….Under the Clean Air Act, the state has the authority to impose emissions standards stronger than those set by the federal government, and a dozen other states have embraced the California rules, as the act allows. About 40% of the vehicles sold in America are subject to the rules California sets. Automakers have said repeatedly that it is untenable to manufacture separate fleets of vehicles to meet different standards.

The state had refrained from charting its own course on mileage goals as part of a compromise with auto companies and the EPA early in the Obama administration. That agreement will start to unravel Wednesday with Trump’s action, which will direct the EPA to re-open the rule-making for the mileage standards. If, as environmental and auto lobbyists anticipate, the administration ultimately decides to weaken the rules, California will almost certainly move to invoke its federal waiver.

There are other disputes on the horizon between California and the Trump administration, but this is the first big one. From the very beginning, California has had an exemption under the Clean Air Act to set its own standards, and these standards have often led the nation. The state is pretty jealous of this prerogative, and it will fight to prevent any change to the law that weakens it. However, unless the Trump administration succeeds in doing that, it’s likely that California will adopt the current EPA standards and car companies will follow along even if Trump trashes the federal rules. It’s either that or build two separate fleets of cars, one for California and its fellow green states, and one for everyone else.

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Trump Declares War on EPA Mileage Standards

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If Barack Obama Calls You Asking for Money, Don’t Do It

Mother Jones

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President Barack Obama did not record a robocall raising money off the new White House travel ban—no matter what you may have read on the internet.

The report that Obama was asking Democrats for money to fight President Donald Trump caught fire on the right-wing internet over the weekend, inflamed by celebrity Trump supporters such as the actor Scott Baio. The pro-administration subreddit “The_Donald” has even put up a post asking users to report such calls to the Federal Trade Commission. Many of those stories cited a Friday tweet by former North Carolina congressional candidate Thomas Mills, who reported that he had received a call not long after the new Trump order had gone into effect. (Mills, who is a Democrat, confirmed to Mother Jones that he had received a robocall.)

But according to the former president’s office, if you got a robocall with Obama’s voice on it, it wasn’t from him.

“These pre-recorded calls were not authorized by President Barack Obama, have no connection to the former President, and have been reported to appropriate law enforcement authorities,” Obama spokesman Kevin Lewis said in a statement. “We will continue to monitor for and report any misleading or fraudulent uses of the President’s image.”

If you get a robocall from President Obama, record it and send it to tmurphy@motherjones.com.

Update: Thanks to reader Greg Flynn, we have audio of one of these calls purporting to be on behalf of President Obama. (If you follow the prompts, you’ll be asked to donate in increments of $100 or $200.) Here it is:

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If Barack Obama Calls You Asking for Money, Don’t Do It

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The Economy Is Not Booming

Mother Jones

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Neil Irwin writes about the fabulous Trump economy:

The stock market reached yet another new high on Wednesday, the latest development to make a mockery of what savvy economic commentators thought they knew about the world.

Consider how things looked one year ago. The world economy seemed hopelessly trapped in a cycle of low growth and inflation. Markets recoiled at the mere possibility that the Federal Reserve would raise interest rates. Populist political insurgencies seemed to threaten yet more financial market chaos.

Now, interest rates and inflation forecasts have risen substantially from last winter’s lows; financial markets are shrugging off — or even rallying at the possibility of — imminent Fed rate increases; and it is all taking place during Donald J. Trump’s presidency.

Why do we keep hearing this? Once again, here’s the S&P 500 since the end of the Great Recession. I’ve even adjusted it for inflation just to be super fair:

There nothing there. The stock market is growing at precisely the same rate as it has for the past eight years. If you zoom in and take look at the S&P 500 just since Election Day, you see the same thing: it’s been bouncing tightly around a trend line the entire time. There has been no rally at the possibility of interest rate increases from the Fed.

As for inflation, I’ve already dealt with that today. It’s been closely following a trendline too, and literally nothing new has happened since the election. However, it is true that inflationary expectations started rising last June—though a little context helps here:

If you start your chart in mid-2016, you can make it look like inflationary expectations are taking off like a rocket. But in reality, we’re still nowhere close to where we were five years after the end of the Great Recession, and expectations have flattened out in the past couple of months.

Finally, economic growth. You can talk about animal spirits all you want, but GDP growth in the US has been running steadily between 1 percent and 3 percent since 2010. Last quarter it was 1.9 percent, and there’s no particular reason to think it’s about to take a sustained jump. As for the rest of the world, the IMF doesn’t seem especially optimistic:

US growth might be a little sluggish, but it’s still a lot better than China and Europe, which are projected to decline in 2017 and 2018. The rest of the world will do a little better, but only a little.

However, there is one part of the economy that has unquestionably been booming since Trump was elected: big Wall Street banks.

Wall Street has been kicking major ass since November 8. And why not? The economy may or may not be booming, but they’re pretty sure that Trump is going to lower their taxes and ease up on all those pesky regulations that Obama tried to force on them. If I were a big bank, I’d be pretty excited too.

I’m not especially trying to badmouth the economy here. It’s doing fine, if not great. Growth is decent, wages are showing signs of life, we’re getting close to full employment, and inflation is under control. As labor markets tighten, we might even some real improvement in wages and living standards. That’s not bad, especially compared to the rest of the world. But there’s really not much evidence that we’ve been in any kind of boom times since November. Growth is steady, the stock market is steady, employment is steady, and inflation is steady. Just because Wall Street is excited doesn’t mean they know something we don’t.

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The Economy Is Not Booming

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Don’t Blame Oroville on Environmentalists

Mother Jones

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Victor Davis Hanson is a native Californian who hates California because it’s become too brown and too liberal. Today he takes to the LA Times to use the Oroville Dam disaster as a way of riding all his usual hobbyhorses:

The poor condition of the dam is almost too good a metaphor for the condition of the state as a whole; its possible failure is a reflection of California’s civic decline.

….The dam was part of the larger work of a brilliant earlier generation of California planners and lawmakers….The water projects created cheap and clean hydroelectric power…ensured that empty desert acreage on California’s dry west side of the Central Valley could be irrigated…spectacular growth in the San Francisco Bay Area and Los Angeles Basin.

….Yet the California Water Project and federal Central Valley Project have been comatose for a half-century….Necessary improvements to Oroville Dam, like reinforced concrete spillways, were never finished….A new generation of Californians — without much memory of floods or what unirrigated California was like before its aqueducts — had the luxury to envision the state’s existing water projects in a radically new light: as environmental errors….Indeed, pressures mounted to tear down rather than build dams. The state — whose basket of income, sales and gas taxes is among the highest in the country — gradually shifted its priorities from the building and expansion of dams, reservoirs, aqueducts, bridges and highways to redistributionist social welfare programs, state employee pensions and an enormous penal archipelago.

LOL. The reason the Oroville Dam wasn’t upgraded ten years ago is because all those salt-of-the-earth farmers that Davis admires didn’t want to pay for the upgrades via higher water rates. Here’s the San Jose Mercury News:

Environmentalists noted Friday that they had tried in 2005 to persuade the federal government to require the state to cover the emergency spillway with concrete. But the agency that was relicensing the dam, the Federal Energy Regulatory Commission, declined after opposition from the state Department of Water Resources and the State Water Contractors, a group of 27 water agencies who were concerned about the cost.

Hanson should have listened to his initial instincts: the Oroville Dam is too good a metaphor for the condition of the state as a whole:

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Don’t Blame Oroville on Environmentalists

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Foreigners Are Fleeing From Treasury Bonds, But It’s Probably Not Trump’s Fault

Mother Jones

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Bloomberg reports that foreigners are tripping over themselves to unload their holdings of US treasuries:

In the age of Trump, America’s biggest foreign creditors are suddenly having second thoughts about financing the U.S. government.

….From Tokyo to Beijing and London, the consensus is clear: few overseas investors want to step into the $13.9 trillion U.S. Treasury market right now. Whether it’s the prospect of bigger deficits and more inflation under President Donald Trump or higher interest rates from the Federal Reserve, the world’s safest debt market seems less of a sure thing — particularly after the upswing in yields since November. And then there is Trump’s penchant for saber rattling, which has made staying home that much easier.

….Combined with the unpredictability of Trump’s tweet storms, interest-rate increases in the U.S. could further sap overseas demand….Right now, it’s just “much easier to stay home than go abroad,” said Shyam Rajan, Bank of America’s head of U.S. rates strategy.

Hmmm. The age of Trump? According to the Treasury Department, the selloff started in June:

Preliminary figures from Japan suggest that December will be much the same as November, which means foreigners will have sold off nearly a half-trillion dollars worth of treasuries in six months. That’s 7 percent of their total holdings. The only other time there’s been a selloff this sustained was at the tail end of the dotcom boom.

But is it Trump’s fault? Nobody thought he had a chance of winning until November, so it’s hard to see how he could have caused uneasiness with federal debt back in June. I don’t imagine Trump has done the US debt market any favors, but on this score, at least, I suspect he’s getting more blame than he deserves.

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Foreigners Are Fleeing From Treasury Bonds, But It’s Probably Not Trump’s Fault

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We Put People In Prison For Way Too Long

Mother Jones

If you want to talk about mass incarceration, here’s the most important fact to know: 90 percent of all American inmates are kept in state and local prisons. Unless you have some specific reason, you should pretty much ignore all statistics about the federal prison system.

This is not Keith Humphreys’ main point in his Wonkblog post today about mass incarceration, but it might as well be. If you look at state lockups, here’s the basic data for why most folks are incarcerated:

Drug offenses make up only about 15 percent of the total inmate population. And since it’s common to plea down to a minor drug offense from a more serious offense, even this probably overstates the number of people in prison for nonviolent drug offenses. So if we want to reduce the prison population, decriminalizing drugs won’t make much of a dent. Instead, we need to focus on our response to violent crime:

In the eyes of many politicians, activists and most of the voting public, tough punishment of nonviolent drug offenders is the main driver of mass incarceration in general and disproportionate imprisonment of people of color in particular. But in his new book “Locked In,” criminologist John Pfaff challenges that assumption, attributing mass incarceration primarily to violent crime and the public policy response to it.

….Given the outsize role of violent crime in mass imprisonment, what should be done about it? Pfaff favors “cutting long sentences for people convicted of violence, even for those with extensive criminal histories, since almost everyone starts aging out of crime by their 30s.” He also advocates for relying less on prison altogether and expanding community-based anti-violence programs that have strong evidence of preventing violence in the first place.

Our main reaction to the violent crime wave of the 70s and 80s was not just to lock up more people, but to lock them up longer. A lot longer. However, there’s little evidence that longer sentences do much to deter crime, and as Pfaff says, once prisoners get into their 30s there’s not much evidence that keeping them locked up prevents very much crime. My horseback guess (I haven’t read Pfaff’s book) is that we could cut the average sentence for violent crimes in half and it would have only a minor effect on crime rates. Partly this is because we overshot the sweet spot for reducing crime by a lot in the 70s and 80s, and partly it’s because criminals these days aren’t as violent as they were in the past.1

Unfortunately, this is one of the hardest lifts in all of politics. Even now, no one wants to be “soft on crime,” and it’s inevitable that if we did reduce sentences, some of the prisoners would go out and commit more crimes. All you need is a few examples of that to run some devastating TV ads, and there’s no question that these examples would be out there. Pfaff has the right idea, but it’s unlikely to get an audience anytime soon.

1Yes, because of reduced lead poisoning. Really.

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We Put People In Prison For Way Too Long

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