The Obama Administration

Can Republicans Buck the Tea Party?

AP Photo/Marc Levy
AP Photo/Harry Hamburg S ince the Tea Party emerged following President Barack Obama’s victory in 2008, Republican governors have frequently been the faces of some of the most extreme policies in recent political memory. Even before her infamous “finger point” at the president, Arizona’s Jan Brewer was signing and defending her state’s racial-profiling bill, SB 1070. In Ohio, John Kasich championed a law—later repealed by voters—to strip public employees of bargaining rights. In Florida, Rick Scott has pushed a plethora of hard-right policies, from drug screening of welfare recipients and government employees to reductions in early voting. Michigan’s Rick Snyder, who has a moderate streak, went to the extreme last December when he approved “right to work” legislation in a state built largely by union labor. Yet Brewer, Kasich, Snyder, and Scott are among the nine GOP governors who have staked considerable political capital on Medicaid expansion, a key piece of the Affordable Care Act...

The Day after Shutdown

AP Photo/Carolyn Kaster
AP Photo/Denis Paquin, File S o it’s October … or maybe it’s six or ten weeks later, after a short-term continuing resolution has come and gone. The clock strikes midnight, Congress has failed to fund the government, and the next day it shuts down. What happens next? There’s been plenty of talk about the possibility of a government shutdown, along with the potential ways it could be avoided. But what happens after the shutdown? I don’t mean how the government operates or doesn’t operate; the Congressional Research Service has a good explainer on that. I’m talking about how the bargaining situation changes. Because remember: Government shutdown or not (I'm on Team Probably Not, for those counting at home), sooner or later a deal will be reached. 1. It’s Getting Hot in Here People will be inconvenienced, directly, by a shutdown, whether it’s vacations ruined (thanks to national parks closing), Social Security applications postponed , or government grants and contracts not awarded. Which...

The Finger of Blame Points Only One Way

It's pointing. (Flickr/Gabe Austin)
Sorry to subject you to another post about the pending government shutdown (It's Friday—shouldn't I be writing about robots? Maybe later.), but I just want to make this point briefly. As we approach and perhaps reach a shutdown, Republicans are going to try very hard to convince people that this is all Barack Obama's fault. I'm guessing that right now, staffers in Eric Cantor's office have formed a task force to work day and night to devise a Twitter hashtag to that effect; perhaps it'll be #BarackOshutdown or #Obamadowner or something equally clever. They don't have any choice, since both parties try to win every communication battle. But they're going to fail. The public is going to blame them. It's inevitable. Here's why. 1. Only one side is making a substantive demand. The Democrats' position is let's not shut down the government, because that would be bad . They aren't asking for any policy concessions. The Republican position, on the other hand, is if we don't get what we want,...

Secular Corporations Cannot Exercise Religion, My Friend

AP Photo/Matty Zimmerman
Earlier this week, the 6th Circuit Court of Appeals rejected claims stating the requirement that corporations performing secular functions—in this case, the manufacturing company Autocam—cover contraception as part of their employee-insurance packages represented a violation of these corporations' rights. The 6th Circuit is the second circuit court to reject these claims, following the 3rd Circuit (conversely, the 10th Circuit held that there was a "likelihood" that the Hobby Lobby chain of craft scores was " substan tially burdened" by the requirement.) Perhaps even more interesting is the reasoning the 6th Circuit panel used to reach its decision. According to the court's persuasive argument, it is not possible for a for-profit corporation with secular purposes to "exercise" religion in a way protected by the Constitution or federal statues. To provide the relevant background, the most obvious source for a claim that the contraceptive coverage requirements violate religious freedom...

The Fed Stays the Course

AP Photo/Susan Walsh
F inancial markets rallied when the Federal Reserve defied the rumor-mongers and resolved to continue its program of keeping interest rates very low until the unemployment rate improves. There was only one dissenting vote on the Fed’s policy-setting open market committee. What’s going on here? Ever since the run-up to the collapse of 2008, what’s good for Wall Street hasn’t exactly been good for the rest of the economy. Are these ultra-low interest rates just pumping up more financial bubbles, as critics fear? Or does a still weak economy need this form of stimulus? Think of it this way. There are risks to continuing a policy of very easy money, but premature tightening would be even worse. The markets and the pundits got this one wrong because the hawks in the Fed system had been leaking rumors that they had the votes and that the Fed would soon be “tapering” (pulling back) its program of $85 billion-a-month in bond purchases. Chairman Ben Bernanke, to appease the hawks, lent...

The Obamacare Is Falling! The Obamacare Is Falling!

AP Photo/Charles Dharapak
AP Photo/Steve Browne, Valley City Times-Record As we approach the full implementation of the Affordable Care Act at the end of the year, confusion still reigns. Most Americans don't understand what the ACA does or how it works, which is perhaps understandable. It is, after all, an exceedingly complex law, and from even before it passed there was an aggressive and well-funded campaign of misinformation meant to confuse and deceive Americans about it, a campaign that continues to this day and shows no sign of abating. To undo uncertainty and banish befuddlement, we offer answers to a few questions you might have about Obamacare. What's happening when? The next important date is October 1, when open enrollment for insurance plans on the new exchanges begins. Those who sign up will begin their new insurance on January 1, when the rest of the high-profile components of the law take effect. The individual mandate, requiring everyone to carry insurance or pay a fine, takes effect, as does...

Obama Just Changed the Most Racist Law in the Country

(flickr/uncgspecia)
You may have missed it, but yesterday President Obama dramatically altered one of the most racially damaging laws in America when the Department of Labor announced that it would extend minimum wage and overtime protections to home care workers. To say there's a backstory here would be a wild understatement. Seventy-five years ago, Franklin Roosevelt achieved a historic victory—but a morally compromised one—when he signed the Fair Labor Standards Act (FLSA) of 1938. The law created the modern labor regulations that we're all familiar with today, including the minimum wage, overtime pay, and much more. Yet getting the FLSA passed entailed a major concession to southern Democrats, who successfully fought to exclude agricultural and domestic workers. Why? Because, as legal scholar Juan Perea has shown in his illuminating history of the law, that exclusion was seen as crucial to preserving a southern way of life that hinged on exploiting cheap African-American labor—both in the fields...

Shutdown Report: How to Play Chicken and Lose

AP Images/J. Scott Applewhite
AP Images/J. Scott Applewhite R epublicans are likely to incur serious political damage in their effort to hold hostage continued funding of the government in exchange for deep spending cuts. This routine has become an annual ritual, and in the past President Barack Obama has been the first one to cave. The 2011 Budget Control Act, which includes the automatic sequester, is one bitter fruit of the president’s past failure to hang tough in the face of Republican extremist demands. But this time is different. The Tea Party Republicans, who dominate the GOP House Caucus, are demanding that President Obama de-fund the Affordable Care Act in exchange for their willingness to fund ordinary government spending in the new fiscal year, which begins October 1. But they picked the wrong demand. In the past, Obama was willing to make deep cuts in federal spending in order to get a budget deal with Republicans. The Affordable Care Act, however, is a nonnegotiable for the president. It’s his...

Could Conservatives Help Obamacare Implementation Work?

She only wants to help, really. (Flickr/American Life League)
Supporters of the Affordable Care Act, up to and including President Obama, have been at pains to point out to anyone who'd listen that as with any large and complex piece of legislation, implementation is going to be imperfect. There are going to be hiccups. Hurdles. Stumbles. Stops and starts, ups and downs, potholes and roadblocks and detours. They've been saying it because it's true, because they want to prepare the media and the public, and because they know that conservatives will be squawking loudly every time it becomes apparent that some feature of the law needs to be adjusted, trying to convince everyone that even the most minor of difficulties is proof the law should never have been enacted in the first place. But let me make a counter-intuitive suggestion: Perhaps all the inevitable overblown carping from the right will prove to be a good thing, making the law work better in the long run. Not because the conservatives' motives aren't bad (they are), and separate from the...

American Public Oddly Reasonable on Syrian War

President Obama addressing the nation on Syria.
When public opinion is running against the position you've taken on something, it's natural to conclude either that the people just haven't yet heard your argument clearly, or even that opinion doesn't matter. And in one sense, it doesn't. If you're right, you're right, even if most Americans disagree. Not long ago, most Americans had a problem with people of different races to get married; they were wrong about that even if they were in the majority. Of course, that's a matter of substance, which is distinct from matters of politics, which can constrain your behavior whether you're substantively in the right or not. So I wonder what Barack Obama thinks of public opinion on Syria these days. I doubt that he's like George W. Bush, who was forever certain that "history" would judge the Iraq War to be a smashing success. By now Obama may have concluded that he'll probably never win the public over on this question, so he should just try to move things along as best he can. There's a new...

The Sum of Its Parts

Flickr/Will O'Neill
We're just two weeks away from the start of open enrollment for the new state health care exchanges established as part of the Affordable Care Act, and it's safe to say that Republicans will not be able to repeal the law between now and then. It's equally safe to say that they won't be able to repeal it by January 1, which is when the people who sign up for insurance through those exchanges start on their new plans. That's also the date when a whole bunch of other components of the law take effect. When that day comes, will Republicans have to abandon all hope of ever repealing it? The ones who don't understand the law (and let's be honest, that's probably most of them) might answer yes. Once it goes into effect and begins destroying lives, sapping us of our precious bodily fluids, and generally turning America into a socialist hellhole where all hope has died and the flickering flame of freedom has been snuffed out, people will quickly realize what a disaster it is and support repeal...

America's Exception Deception

AP Photo/Jose Luis Magana
AP Photo/Carolyn Kaster I n a democracy, politicians seldom counsel the public to be modest. They flatter and praise the voters, telling them that they are just and wise, hardworking and principled, possessed of boundless vision and common sense. And here in America at least, they also generalize those virtues from the people to the nation itself. America, Americans are endlessly reassured, is unique and special among the world's countries. It i sn't just that we're the most important country, which is undeniable, since we have the biggest economy, the biggest (and most frequently deployed) military, and the most influential popular culture. Those things could change someday. Instead, what voters are told over and over again is that we're "exceptional." We're not just stronger or richer; we're better. Indeed, we're stronger and richer because we're better. And we may well be exceptional in how often we're told that we're exceptional. My knowledge of the electoral politics of other...

Did Summers Spoil It for Yellen?

AP Images/Mark Lennihan
AP Images/Mark Lennihan Now that Larry Summers is out of contention for chairman of the Federal Reserve, the nomination of Janet Yellen should be assured. Unfortunately, Yellen still is far from a safe bet. Her qualifications, certainly, are not in doubt. Yellen is currently vice chair of the Fed and before that she was president of the Federal Reserve Bank of San Francisco. She has had a distinguished academic career, which she interrupted to serve as chair of President Clinton’s Council of Economic Advisers, and after that, as a governor of the Federal Reserve. Yellen is better positioned than any other woman to break the glass ceiling that has kept the Fed from having any female chair throughout its century-long history. Yellen, who began her scholarly career as a labor economist, has also been outspoken about the need for the Fed to continue its policy of economic stimulus to help strengthen the faltering economic recovery. Nobel Laureate Joseph Stiglitz, who preceded her as chair...

Obama's Crippling Ambivalence

AP Images/Charles Dharapak
AP Images/Charles Dharapak B arack Obama’s presidency is a series of crossroads. The crossroads are moments of decision for a president who is utterly indecisive except, of course, when he’s not a ruthless tyrant trampling the Constitution (or, on more banal occasions, saving the national economy or pressing forward on health-care reform or ordering the execution of the mass murderer of 3,000 Americans). Unlike the topographically comparable term of Bill Clinton when such junctures were psychodramas of his own making, Obama’s junctures are of his own being, which many regard as despicable irrespective of anything he actually does; and now events, dread, myopia, and the congenitally and hopelessly, inevitably and eternally fucked up state of affairs whose address is Syria have conspired to put the president in a lose-lose situation he may win anyway. That no one yet offers a single cogent assessment of just what Syrian policy should be apparently pales beside the president’s handling...

Yet Another NSA Violation

AP Photo/Patrick Semansky, File
L ast month, it was revealed that the court established by the Foreign Intelligence Surveillance Act (FISA) had rebuked the National Security Agency (NSA) for using illegal search methods. Not surprisingly, this incident wasn't an isolated one. In another judicial opinion responding to a lawsuit by the Electronic Frontier Foundation (EFF), further illegal abuses by the NSA were unveiled . Like the previous revelations, this story tells of the dangers posed by a NSA conducting searches with far too broad a scope and too few constraints. The latest NSA abuses involve the database of phone calls made by Americans compiled by the NSA. Phone companies have been ordered to turn over "metadata" about the calls made by their customers. The NSA keeps five years of this metadata on file at any given time. When the agency makes queries into the database, however, it is required by the FISA court to have a "reasonable articulable suspicion" that the call involves communication with a terrorist...

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