The Failure of State Government

by publius The state budget situation is getting uglier by the day.  It’s pretty much a full-blown crisis at this point – and that’s including the federal stimulus aid that was shamefully cut by the Senate “centrists.” The budget crisis is not, however, some sort of freakish one-time event.  It’s a recurring problem that points … Read more

Sarah, We Hardly Knew Ye

by publius Well, this should end the whole "Sarah Palin is bizarre and erratic" meme.  Honestly, I don't know what to make of this.  My first thought was that she's obviously gearing up for 2012.  But now I'm not so sure.  Today's announcement was so ill-timed and rambling that it's hard to believe she's seriously … Read more

The Wire

by publius So after years of resisting passionate pleas from friends, I've broken down and started watching The Wire.  I'm now through Season 4 about to start 5.  And it's absolutely fantastic. To those who haven't seen it — go start it right now.  If you are reading this blog, chances are you have a … Read more

My One and Only Sanford Post

by publius Poor Mark Sanford – the skeletons keep spilling out of his closet.  And I suspect he’s not long for the Governor’s office. I can’t help but feel bad for him.  And I suppose this is inappropriate – but from a purely voyeuristic perspective, there’s something tragically beautiful about the whole thing in an … Read more

Quote That Man

by publius Noted communist Michael Gerson spells out the case for emission regulation as succinctly as anyone I've read.  In particular, he notes that one of the underlying purposes of the regulation is to spur market innovation.  Take it away: Critics argue that carbon restrictions, even if fully implemented, would reduce global temperatures only by … Read more

More Alito

by publius Justice Alito’s racially inflammatory concurrence doesn’t get any better when you read the lower court opinion (pdf).  What’s specifically objectionable is not so much the reference to Kimber, but the needlessly inflammatory description of him. Admittedly, Kimber does appear in the lower court opinion (pdf).  The firefighters had alleged that New Haven discriminated … Read more

Justice Alito’s Disgraceful Concurrence

by publius I must confess that Justice Alito’s concurrence in Ricci was one of the most bizarre opinions I’ve ever read.  The kindest thing I can say is that it’s gratuitously inflammatory.  Alito goes out of his way to paint a very unflattering portrait of a black New Haven pastor who allegedly has the New … Read more

The Politics of Ricci

by publius I’ve been traveling today, and have tried to avoid the Ricci commentary as best I could.  But my take is that Ricci is an extremely political opinion – and a deeply flawed one at that.  Simply put, it’s politics masquerading as legal doctrine.  Indeed, Ricci is a perfect example of why the politics … Read more

The CRA… Still Not Causing the Meltdown

by publius Megan McArdle cheers on John Carney in a misguided attempt to once again blame the housing meltdown on the CRA — i.e., a 1970s law intended to limit loan discrimination.  She writes: [T]he role of the CRA in the financial meltdown [has been] understated by liberals who are unwilling to admit that regulation, … Read more

Why I’m Happy about Waxman-Markey

by publius Well, it’s certainly not perfect.  But at the end of the day, I think Waxman-Markey is a very good thing – and one that deserved a “Yea” vote. The most significant achievement is simply that the bill would impose real limits on emissions.  And that’s what matters most – the reduction is more … Read more

The Strip Search Two-Step

by publius To echo Scott, consider me pleasantly surprised by the Court’s ruling today on school strip searches.  Below are a few scattered thoughts: The Virtues of the Two-Step This is mostly for non-lawyers, but note that the Court actually made two different holdings today.  First, the Court held that the search in question (requiring … Read more

The Reason for the Season (of Reform)

by publius And while I'm on health care, just go read this Ezra Klein post on the business models of health insurance companies.  It provides some important perspective on a policy debate that can often become tedious for novices like me. It's easy to get lost in the weeds on all this stuff.  And it's … Read more

About That “Unfairness”

by publius One of the most common critiques against the public option is that government subsidies will give it an unfair market advantage.  Frankly, "fairness" isn't high on my list of priorities.  But regardless, the cry for a "level playing field" is admittedly a politically powerful counterargument that needs to be addressed. So here's the … Read more

The Presser and the Public Option

by publius All in all, a pretty solid performance.  There were lots of things I liked:  (1) the gentle smackdown of Preening John McCain on Iran; (2) the recognition of Nico Pitney's outstanding work; and (3) the strong words in support of the public option.  On #3, I've been wondering lately why exactly so many … Read more

The Narcissism of John McCain

by publius I don't have anything much to add, but Joe Klein gets this exactly right.  I'm glad we have a President whose main priority in foreign policy is something other than making sure he feels really good about himself.  Anyway, here's Klein: I have yet to hear what possible good it would do for … Read more

The Revolutionary Non-Revolution

by publius Man oh man, this is a good point.  Citing Ali Gharib, Spencer Ackerman writes: Ali Gharib makes the stellar point that what’s going on in Iran is reaffirmation of the Islamic Revolution, not a repudiation of it.  . . .  If Gharib is right, then what’s unfolding is a measure of reconciling the … Read more

Radio Debut

by publius So I'm going to be on the Jeff Farias show at 7 CT tonight — you can stream from the website here if you're so interested.  It's my first one of these, so hopefully I won't say anything stupid.  But that's always a distinct possibility.

Cyberwar for Beginners

by publius Via Wired and Dear Mister Lewis, I saw this interesting "guide" that provides tips on how to help Iranian bloggers and twitterers.  Kind of puts recent events on our own blog into perspective.  Here's a sample: Do NOT publicise proxy IP’s over twitter, and especially not using the #iranelection hashtag. Security forces are … Read more

Pictures

by publius The Boston Globe's "Big Picture" has a photo gallery of the latest from Iran that's worth checking out (via the Lede).  Some of them are rather disturbing though.  This one, however, stood out (click for larger image):  

The Smearing of Health Care Reform

by publius The Senate GOP is girding up for battle on health care reform.  Not that it's a huge surprise, but their main line of attack has some pants-on-fire problems.  Here's Politico: As President Barack Obama tried to sell the American Medical Association today on his health care overhaul, the top Senate Republicans launched a … Read more

The Limits of Twitter

by publius Twitter is obviously one of the big stories to come out of the Iranian election.  And it's been a remarkable development — no argument there.  The tweets have been inspiring and courageous.  And there's an aesthetic dimension to them that's hard to resist. But understand… the tweets could be stopped (more on that … Read more

The Tragedy in Iran

by publius Like hilzoy, I wish I had something more profound to add to the Iran coverage.  At the moment, I'm just trying to digest everything from those with a better sense of what's happening and what it all means. But personally speaking, the overwhelming emotion I've had is simply sadness.  It's just an incredibly … Read more

Shameless Friend Promotion

by publius But it's for a very good cause.  Filmmaker Sasie Sealy — scratch that, award-winning filmmaker Sasie Sealy is a finalist in Netflix's "Find Your Voice" competition.  If she wins, it would give her a full budget to begin shooting this fall (which I would eventually leverage into an LA premiere party invite, which … Read more

The Horrors of Demon Rum Online Poker

by publius Be afraid America — a great scourge is spreading across our land.  And it must be stopped.  Right now, as you are reading these very words, millions of Americans are facilitating criminal behavior.  They are sitting at their computers, accessing the Internets, and … [dramatic chord] playing poker!  For money!  I know, because … Read more

The Stakes of the Democratic Agenda

by publius

Early last week, President Obama – somewhat out of the blue – said quite bluntly that he supported net neutrality.  Policy-wise, that’s great.  But it’s also sort of amazing that net neutrality has come this far.

Think about it – net neutrality has no well-funded lobby.  There are literally legions of savvy industry lobbyists fighting against it.  And it’s not clear whether the issue has any obvious political benefits with the public-at-large.  From a public choice perspective, net neutrality should be dead.  But there was Obama last week, saying very good things.

And there’s a larger story here.  What’s interesting about the fight for net neutrality – or “openness” – is that it will illustrate whether things like organizing and grassroots pressure actually work.  I think they do – and I think that the progress on Internet openness is a testament to those efforts.  But the jury’s still out on that. 

But more broadly, we’re seeing many of these same questions in the fight over the larger Democratic agenda.  Indeed, what’s most interesting – and exciting – about the fight for things like health care reform and cap and trade is that they potentially challenge the more depressing predictions of public choice theory.  In other words, these major reforms would (if enacted) challenge the notion that democracies are primarily controlled by narrow interest groups.

Before I go on, I know that public choice theory covers an enormous range of ideas and camps, etc.  So for purposes of this post, I’m referring to the idea that intensely-committed minorities run the show in majoritarian democracies.  Conor Friedersdorf captured the idea quite well a few days ago (though his post is making a somewhat different point overall):

I wish that progressives would realize that parties with a narrow vested interest in a legislative outcome are always going to enjoy an advantage over the diffuse interests of the populace, and especially that portion of the populace that is without power.  Community organizing is never going to change this basic fact, nor is any campaign finance reform that passes constitutional muster, nor is a bigger Democratic majority in Congress.

That’s basically the idea of public choice I’m using here.  And he could be right.  I hope he’s not, but it’s a powerful critique that progressives shouldn’t ignore.  What’s promising, though, is that the ambition and content of the Democratic agenda gives some hope to the non-skeptics (for now, anyway).

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Moving On

by publius Ed Whelan has written both publicly and privately and apologized.  I know it was not an easy thing to do, and it is of course accepted.  I therefore consider the matter done, and don't intend on writing about it anymore. The real story here wasn't really about me anyway — it's about whether … Read more

Thanks All

by publius First, I just want to extend a most sincere thanks for all the comments both on this blog and via email.  I wish I could thank you all individually, but I do appreciate the support. Second, I also want to thank the various bloggers who have criticized this action.  Dylan Matthews wrote a … Read more

Stay Classy Ed Whelan

by john blevins (aka, publius) So there you have it – I’ve been officially outed by Ed Whelan.  I would never have done that to my harshest critic in a million years, but oh well. And to be clear – the proximate cause was that Whelan got mad that I criticized him in a blog … Read more

The Education of Ed Whelan

by publius One of the most annoying aspects of the larger Sotomayor debate is this idea that courts don't make policy.  Of course, people may disagree in good faith about whether text and precedent answer a particular question in a given case.  But everyone who has spent a week in law school knows that courts … Read more

The Public Plan and “Honest” Competition

by publius Greg Mankiw is concerned that a subsidized public option would be unfair to private health care providers: If [it is taxpayer-subsidized], then the public plan would not offer honest competition to private plans.  . . .  The bottom line: If the goal is honest competition in the provision of health insurance, the public … Read more

About That “Wise Latina” Line

by publius

I'm getting extremely annoyed watching the media repeatly quote the "wise Latina" line without putting it in context.  I saw it in the Post this morning, and have since seen it on TV a couple of times — with nary a word about context.

Basically, any reporter who quotes this line out of context is affirmatively misleading the public.

If you read the speech, you'll see that Sotomayor is in the middle of discussion of race and gender discrimination cases.  She's saying that, in those type of cases, the experiences of minorities would hopefully lead them to reach better results as judges than all-white, all-male panels.

Now you may agree or disagree with that.  But that's her argument.  What she is emphatically NOT saying is that Latinas are better judges than white men.  Yet, that's precisely the impression the media is giving — and it's inaccurate.  We should expect these types of lies from Newt Gingrich — but the national media should be better.  Indeed, the fact that Newt is making this very argument should tell the media everything they need to know about its credibility.

I'll say it again — reporting this line without providing context is inaccurate and grossly misleading to the public.

Below the fold, I've posted the excerpt from the speech where the line appears.  You'll notice that the paragraphs both immediately preceding and following this line are explicitly about discrimination cases.

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My Two Cents

by publius I want to add my two cents on McArdle’s post as well — some of which reinforces Hilzoy's response.  First, the most significant error she makes is the assumption that “the law” was “powerless” here.  The fact that “the law” is different from what you might prefer is conceptually distinct from saying it’s … Read more

The Perils of Ignoring the “Real World”

by publius Like many others, I was horrified to read about the murder of Dr. Tiller in Kansas today.  It was of course more than murder — it was an act of political terrorism.  It simply cannot be dismissed as random violence.[*] Anyway, this violent act also bears quite directly on the whole "empathy" debate.  … Read more