June 2014 archive

Considering it has sided with corporations in so many of its rulings over the last few years, the out come of the last two rulings by the US Supreme Court for this session were predictable down to the vote.

As in its decision in Citizens United, in a five to four vote, the court rules that just like people, corporations, too, have religious beliefs.

Supreme Court Rejects Contraceptives Mandate for Some Corporationsby Adam Liptak, New York Times

The Supreme Court ruled on Monday that requiring family-owned corporations to pay for insurance coverage for contraception under the Affordable Care Act violated a federal law protecting religious freedom.

The 5-to-4 decision, which applied to two companies owned by Christian families, opened the door to challenges from other corporations to many laws that may be said to violate their religious liberty.

Justice Samuel A. Alito Jr., writing for the court’s five more conservative justices, said a federal religious-freedom law applied to for-profit corporations controlled by religious families. He added that the requirement that the companies provide contraception coverage imposed a substantial burden on the companies’ religious liberty. He said the government could provide the coverage in other ways.

Justice Ruth Bader Ginsburg, writing for the court’s four-member liberal wing, said the contraception coverage requirement was vital to women’s health and reproductive freedom. Justices Stephen G. Breyer and Elena Kagan joined almost all of the dissent, but they said there was no need to take a position on whether corporations may bring claims under the religious liberty law.

In an Illinois case with another 5 – 4 ruling, the justices ruled that in-home healthcare workers who are paid by the state cannot be compelled to pay union dues.

Supreme Court Ruling Allows Some Public Workers to Opt Out of Union Fees by Steven Greenhouse, New York Times

The Supreme Court ruled narrowly on Monday that some government employees did not have to pay any fees to labor unions representing them, but the court decision declined to strike down a decades-old precedent that required many public-sector workers to pay union fees.

Writing the majority 5-4 opinion, Justice Samuel A. Alito Jr. concluded that there was a category of government employee – a partial public employee – who can opt out of joining a union and not be required to contribute dues to that labor group.

Justice Alito wrote that home-care aides who are typically employed by an ill or disabled person with Medicaid’s paying their wages would be classified as partial public employees, which would not be the same as public-school teachers or police officers who work directly for the government.

Because states often set wages for partial public employees like home-care aides and because unions often do not conduct collective bargaining for them, these aides cannot be required to pay union fees, Justice Alito wrote. He wrote that requiring these home-care aides to pay would be a violation of their First Amendment rights.

Burwell v Hobby Lobby can be read here and Harris Et Al. v. Quinn, Governor of Illinois, Et Al can be read here

“Punting the Pundits” is an Open Thread. It is a selection of editorials and opinions from around the news medium and the internet blogs. The intent is to provide a forum for your reactions and opinions, not just to the opinions presented, but to what ever you find important.

Thanks to ek hornbeck, click on the link and you can access all the past “Punting the Pundits”.

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Joseph E. Stiglitz: Inequality Is Not Inevitable

AN insidious trend has developed over this past third of a century. A country that experienced shared growth after World War II began to tear apart, so much so that when the Great Recession hit in late 2007, one could no longer ignore the fissures that had come to define the American economic landscape. How did this “shining city on a hill” become the advanced country with the greatest level of inequality?

One stream of the extraordinary discussion set in motion by Thomas Piketty’s timely, important book, “Capital in the Twenty-First Century,” has settled on the idea that violent extremes of wealth and income are inherent to capitalism. In this scheme, we should view the decades after World War II – a period of rapidly falling inequality – as an aberration.

This is actually a superficial reading of Mr. Piketty’s work, which provides an institutional context for understanding the deepening of inequality over time. Unfortunately, that part of his analysis received somewhat less attention than the more fatalistic-seeming aspects.

Trevor Timm: Is this the start of the end of the age of warrantless government spying?

From phone tracking to NSA snooping and beyond, here’s a look at the domino effect.

The US supreme court’s unanimous 9-0 opinion this week requiring police to get a warrant before searching your cellphone is arguably the most important legal privacy decision of the digital age. Its immediate impact will be felt by the more than 12m people who are arrested in America each year (many for minor, innocuous crimes), but the surprisingly tech-savvy opinion from Chief Justice John Roberts may also lead to far more protection than that.

Roberts’s analysis of the current state of the digital world in his Riley v Wurie opinion is was so thorough, and so sweeping, that I’d be willing to bet you won’t find many privacy and technology cases going forward that don’t cite this one.

From phone tracking to NSA snooping and beyond, here’s a look at the domino effect.

This is your morning Open Thread. Pour your favorite beverage and review the past and comment on the future.

Find the past “On This Day in History” here.

Click on images to enlarge.

June 30 is the 181st day of the year(182nd in leap years) in the Gregorian calendar. There are 184 days remaining until the end of the year.

On this day in 1986, the U.S. Supreme Court rules in Bowers v. Hardwick that states can outlaw homosexual acts between consenting adults.

Bowers v. Hardwick, upheld the constitutionality of a Georgia sodomy law criminalizing oral and anal sex in private between consenting adults when applied to homosexuals. Seventeen years after Bowers v. Hardwick, the Supreme Court directly overruled the decision in Lawrence v. Texas (2003), and held that such laws are unconstitutional. In overruling Bowers v. Hardwick, the 2003 Court stated that “Bowers was not correct when it was decided, and it is not correct today.”

Concurrences and dissents

The short concurring opinion by Chief Justice Warren E. Burger emphasized historical negative attitudes toward homosexual sex, quoting Sir William Blackstone‘s characterization of sodomy as “a crime not fit to be named.” Burger concluded, “To hold that the act of homosexual sodomy is somehow protected as a fundamental right would be to cast aside millennia of moral teaching.”

Opponents of sodomy laws criticized Bowers not only for its result but also because of the Court’s dismissive treatment of the liberty and privacy interests of gay men and lesbians. A sharply worded dissenting opinion by Justice Harry Blackmun attacked the majority opinion as having an “almost obsessive focus on homosexual activity.” Justice Blackmun suggested that “(o)nly the most willful blindness could obscure the fact that sexual intimacy is ‘a sensitive, key relationship of human existence, central to family life, community welfare, and the development of human personality.'” (Ironically quoting from the opinion by Chief Justice Burger in Paris Adult Theatre I v. Slaton which held that obscene films are not constitutionally protected)

Blackmun revealed in a 1995 oral history with Harold Koh that his dissent in Bowers v. Hardwick was written primarily by openly gay Pam Karlan (then a law clerk for Blackmun, and now professor of law at Stanford Law School). Blackmun said of the dissent; “[K]arlan did a lot of very effective writing, and I owe a lot to her and her ability in getting that dissent out. She felt very strongly about it, and I think is correct in her approach to it. I think the dissent is correct.”

Lewis Powell was considered the deciding vote during the case. He had initially voted to strike down the law but changed his mind after a few days. In a concurring opinion, Powell voiced doubts about the compatibility of Georgia’s law with the Eighth Amendment as it related to the prison sentence for conviction, but joined the majority opinion upholding the law against a substantive due process attack. It has been argued that Powell’s decision to uphold the law was influenced by the fact that he believed he had never known any homosexuals, unaware that one of his own law clerks was gay. In 1990, three years after retiring from the Court, Powell told a group of New York University law students that he considered his opinion in Bowers was an error. “I do think it was inconsistent in a general way with Roe. When I had the opportunity to reread the opinions a few months later I thought the dissent had the better of the arguments.” However, Powell believed that the case was one of little importance and spent only thirty minutes thinking about it.

Aftermath

Bowers was decided at a time when the court’s privacy jurisprudence, and in particular the right to abortion recognized in Roe v. Wade, 410 U.S. 113 (1973), had come under heavy criticism and was in doubt. In this historical context, Bowers signaled a reluctance by the then-members of the Court to recognize a general constitutional right to privacy or to extend such a right further than they already had.

State sodomy laws were seldom enforced against private consensual conduct in the decades following the decision, but the Bowers decision was frequently cited in opposition to gay rights programs. The Georgia law upheld in Bowers forbade oral sex and anal sex whether engaged in by people of the same sex or different sexes, but Justice White’s decision was restricted to homosexual sex. “The only claim properly before the Court, therefore, is Hardwick’s challenge to the Georgia statute as applied to consensual homosexual sodomy. We express no opinion on the constitutionality of the Georgia statute as applied to other acts of sodomy.”

In the years after Bowers was decided, several state legislatures repealed their sodomy laws. In addition, a number of state courts invalidated sodomy laws under privacy or other provisions of their state constitutions. The same sodomy law that was upheld in Bowers was struck down by the Georgia Supreme Court under the Georgia state constitution in the case of Powell v. State, 270 Ga. 327 (1998).

The remaining state sodomy laws in the U.S. were invalidated, insofar as they applied to private consensual conduct among adults, in the Supreme Court case of Lawrence v. Texas 539 U.S. 558 (2003). Justice Anthony Kennedy wrote the majority opinion in Lawrence, ruling that Texas’ state sodomy law was unconstitutional under the Fourteenth Amendment’s due process clause (adult consensual sexual intimacy in ones’ home is a vital interest in liberty and privacy protected by the Due Process Clause). Lawrence explicitly overturned Bowers, with Kennedy writing “Bowers was not correct when it was decided, and it is not correct today. It ought not to remain binding precedent. Bowers v. Hardwick should be and now is overruled.”

A few weeks back, I teased that I wanted to take a bit of a look at Texas Rooftop Solar in the Sunday Train (which is, recall, focused on Sustainable Transport & Energy, and so both not just about trains, and also not in favor of trains when the trains are advancing climate suicide) … and then the California budget passed and I went on a two week binge on California HSR.

But now its time to take that glance over at Texas Rooftop Solar. After all, you’d think that Texas would be an ideal state for rooftop solar, and for years we’ve been seeing articles about how Lone Star State Rooftop Solar would hit big “real soon now”. For instance, this, from 13 Jan, 2013: Solar Power Could See Explosive Growth in Texas over Coming Decades:

Still, solar is just a tiny sliver-less than 1 percent-of Texas’  electricity mix, which is dominated by coal (34 percent) and natural gas (45 percent). Wind, with a 9 percent share, is a giant compared to solar.

Yet, the economics are becoming increasingly favorable for solar to take off in a big way. The question is probably when, not if. And a recent analysis by ERCOT-the industry-funded, technocratic grid operator-has some very rosy projections for the future of the solar industry in Texas. (And some very sour news for nuclear, coal and maybe even natural gas.)

The analysis, first flagged by Colin Meehan of Environmental Defense Fund of Texas, looks at potential transmission needs in the next two decades. But, as Meehan wrote, ERCOT “found that if you use updated wind and solar power characteristics like cost and actual output to reflect real world conditions… wind and solar are more competitive than natural gas over the next 20 years.”

But if the future doesn’t start arriving, it might never get here, brought crashing down by the catastrophic impact of runaway climate crisis. So, what are the prospects that rooftop solar might really start hitting its stride really  soon now?

Here we present a simple solution to see that a fad is the result of the same type of behavior that causes any other good to be purchased. It is the characteristic of the good, and the interaction of the various agents with their neighbors that causes the peculiar pattern of behavior that is called fad.

Is Reaganism such a good and as a commodity is its commodity fetishism available for analysis beyond its intangible assets. Yet Reaganism is tangible and attempts to memorialize the commodity extend materially far beyond the cinematic and the televisual nature of the Great Communicator. The fad of VooDoo(sic) Economics is a useful example of how to discuss intangible assets as forms of virtual capital. The production and reproduction of the Reaganist myth is its own market. Its production of character/reputation and trust/reciprocity is of course legendary and its diffusion to the North American form of teabaggery continues with the institutional support of right-wing venture capital like the Kochs.

In the United States, commentators frequently equate supply-side economics with Reaganomics. The fiscal policies of Ronald Reagan were largely based on supply-side economics. During Reagan’s 1980 presidential campaign, the key economic concern was double digit inflation, which Reagan described as “Too many dollars chasing too few goods”, but rather than the usual dose of tight money, recession and layoffs, with their consequent loss of production and wealth, he promised a gradual and painless way to fight inflation by “producing our way out of it”.

An example of fad economics occurred in 1980, when a small group of economists advised Presidential candidate, Ronald Reagan, that an across-the-board cut in income tax rates would raise tax revenue. They argued that if people could keep a higher fraction of their income, people would work harder to earn more income. Even though tax rates would be lower, income would rise by so much, they claimed, that tax revenues would rise. Almost all professional economists, including most of those who supported Reagan’s proposal to cut taxes, viewed this outcome as far too optimistic. Lower tax rates might encourage people to work harder and this extra effort would offset the direct effects of lower tax rates to some extent, but there was no credible evidence that work effort would rise by enough to cause tax revenues to rise in the face of lower tax rates. … People on fad diets put their health at risk but rarely achieve the permanent weight loss they desire. Similarly, when politicians rely on the advice of charlatans and cranks, they rarely get the desirable results they anticipate. After Reagan’s election, Congress passed the cut in tax rates that Reagan advocated, but the tax cut did not cause tax revenues to rise.

As against this, the commodity-form, and the value-relation of the products of labour within which it appears, have absolutely no connection with the physical nature of the commodity and the material relations arising out of this. It is nothing but the definite social relation between men themselves which assumes here, for them, the fantastic form of a relation between things. In order, therefore, to find an analogy we must take flight into the misty realm of religion. There the products of the human brain appear as autonomous figures endowed with a life of their own, which enter into relations both with each other and with the human race. So it is in the world of commodities with the products of men’s hands. I call this the fetishism which attaches itself to the products of labour as soon as they are produced as commodities, and is therefore inseparable from the production of commodities.

– Karl Marx, Capital, Volume I

As one can perhaps see, the transgressive role of the State in the struggle among classes will become the key problem for making this critique work as will the impending institutional arrangements making that State ubiquitous and global.

“”In this present crisis, government is not the solution to our problem; government is the problem.

-Ronald Reagan

Reaganism was a political perspective in the United States based on a friendly-seeming, grandfatherly-type ex-actor telling us that government could do no good, and then proceeding to become the head of the executive branch of the United States government, drastically expanding the public debt as he saw fit. Why anyone believed it is beyond us.

Prominent lies promoted by Mr. Reagan include:

The “free market” is always more efficient than the government at providing solutions to problems. (See universal health care)

The “government” is incapable of solving a country’s problems (See Hurricane Katrina)

Some woman somewhere on welfare had a Cadillac and a color TV. (He made this up).

Hardworking blue collar Americans should hate suffering poor Americans for eating their tax dollars instead of working their asses off for giant corporations themselves. (See trade union)

The “rich” are a beleaguered and overtaxed suffering demographic. (Who pay well for political campaigns!)

In Britain, there was a very similar political movement referred to as “Thatcherism,” named for the Iron Lady who advocated the same principles. The impact of this was slightly less than that of the States.

In Marxist philosophy, however, the term Cultural Hegemony describes the domination of a culturally diverse society by the ruling class, who manipulate the culture of the society – the beliefs, explanations, perceptions, values, and mores – so that their ruling-class worldview becomes the worldview that is imposed and accepted as the cultural norm; as the universally valid dominant ideology that justifies the social, political, and economic status quo as natural, inevitable, perpetual and beneficial for everyone, rather than as artificial social constructs that benefit only the ruling class

                    We live in a Tea (Party) service economy

The embodiment of those social constructs in the past decade are our pseudo-revolutionary objects of derision and humor, the teabaggers (aka Tea Party patriots and its libertarian factions). Cultural work has been often times difficult for many since its socially embodied labor derives from a multitude of divisions as well as a variety of controversies often dialectically dichotomous and intellectually challenging: for example cultural studies versus political economy approaches to critical theory. This is too small a space to solve the problem (it can be solved) but to point to some rudimentary examples like the personality Cult of Reagan to show the need for ecumenical approaches to critical analysis.

Come below the fold to see if we can’t disentangle the whole mess:

OCTOBER 27, 1980 More than two dozen papers drop Trudeau’s comic strip Doonesbury “The Mysterious World of Reagan’s Brain,” a week-long sequence that runs on the eve of the 1980 election. One of those papers, The Indianapolis Star, receives 850 calls of protest before it agrees to reinstate the strip.

This is your morning Open Thread. Pour your favorite beverage and review the past and comment on the future.

Find the past “On This Day in History” here.

Click on images to enlarge.

June 29 is the 180th day of the year (181st in leap years) in the Gregorian calendar. There are 185 days remaining until the end of the year.

On this day in 1928, The Outerbridge Crossing and Goethals Bridge in Staten Island, New York are both opened.

The Outerbridge Crossing is a cantilever bridge which spans the Arthur Kill. The “Outerbridge”, as it is commonly known, connects Perth Amboy, New Jersey, with the New York City borough of Staten Island and carries NY-440 and NJ-440, each road ending at the respective state border.

The bridge was named for Eugenius Harvey Outerbridge (sometimes pronounced “ooterbridge”) the first chairman of the then-Port of New York Authority and a resident of Staten Island. Rather than call it the “Outerbridge Bridge” the span was labeled a “crossing”, but many New Yorkers and others mistakenly assume the name comes from the fact that it is the most remote bridge in New York City and the southernmost crossing in New York state.

It is a steel cantilever construction, designed by John Alexander Low Waddell and built under the auspices of the Port of New York Authority, now the Port Authority of New York and New Jersey, which currently operates it.

It opened simultaneously with the Goethals Bridge on June 29, 1928. Both spans have similar designs. Neither bridge saw high traffic counts until the opening of the Verrazano-Narrows Bridge in 1964. Traffic counts on both bridges were also depressed due to the effects of the Great Depression and World War II.

The Outerbridge Crossing carried 32,438,000 vehicles (both directions) in 2006, or approximately 90,000 each day. Tolls are collected in the eastbound direction only. In early 2009, the cash toll was $8 for passenger vehicles. Users of E-ZPass pay a toll of $6 during off-peak hours (outside of 6-9 am and 4-7 pm).

In 2003, the Port Authority raised the speed limit for the three inner E-ZPass lanes at the toll plaza from 15 mph to 25 mph, separating these lanes from the rest of the eight-lane toll plaza by a barrier. Two years later, the tollbooths adjacent to the 25 mph E-ZPass lanes were removed and overhead gantries were installed with electronic tag readers to permit E-ZPass vehicles to travel at 45 mph in special high-speed lanes.[9] Motorists using the high-speed E-ZPass lanes cannot use the Page Avenue exit, which is located immediately after the toll plaza.

In recent years, the bridge has undergone numerous repair jobs as a result of the high volume of traffic that crosses the bridge each day.

The Goethals Bridge connects Elizabeth, New Jersey to Staten Island (New York City), near the Howland Hook Marine Terminal, Staten Island, New York over the Arthur Kill. Operated by the Port Authority of New York and New Jersey, the span was one of the first structures built by the authority. On the New Jersey side it is located 2 exits south of the terminus for the New Jersey Turnpike-Newark Bay Extension. The primary use for this bridge is a connection for New York City to Newark Airport. The bridge has been grandfathered into Interstate 278, and named for Major General George Washington Goethals, who supervised construction of the Panama Canal and was the first consulting engineer of the Port Authority.

A steel truss cantilever design by John Alexander Low Waddell ], who also designed the [Outerbridge Crossing. The bridge is 672 ft (205 m) long central span, 7,109 feet (2,168 m) long in total, 62 feet (19 m) wide, has a clearance of 135 feet (41.1 m) and has four lanes for traffic. The Port Authority had $3 million of state money and raised $14 million in bonds to build the Goethals Bridge and the Outerbridge Crossing; the Goethals bridge construction began on September 1, 1925 and cost $7.2 million. It and the Outerbridge Crossing opened on June 29, 1928. The Goethals Bridge replaced three ferries and is the immediate neighbor of the Arthur Kill Rail Bridge. Its unusual mid-span height was a requirement of the New Jersey ports.

Connecting onto the New Jersey Turnpike, it is one of the main routes for traffic between there and Brooklyn via the Staten Island Expressway and the Verrazano-Narrows Bridge. Until the Verrazano-Narrows Bridge was completed in 1964 the Goethals Bridge never turned a profit. The same happened to the Outerbridge Crossing. The total traffic in 2002 was 15.68 million vehicles.

Welcome to The Breakfast Club! We’re a disorganized group of rebel lefties who hang out and chat if and when we’re not too hungover  we’ve been bailed out we’re not too exhausted from last night’s (CENSORED) the caffeine kicks in. Join us every weekday morning at 9am (ET) and weekend morning at 10:30am (ET) to talk about current news and our boring lives and to make fun of LaEscapee! If we are ever running late, it’s PhilJD’s fault.

Below the fold may be a bit abbreviated or, quite possibly, this may be the WISYWIG Edition of TBC. I’m unexpectedly on the road this weekend, so blogging is spotty at best. Have fun.

This Day in History

Breakfast Tunes

A contrarian view of British involvement in the Great War.