Quick hits (part I)
October 31, 2020 2 Comments
Happy Halloween! Greene family will be trick-or-treating tonight because we plan to do it with masks and without sharing anybody’s indoor space.
1) NYT has a whole feature on ideas for improving our Court system. I really like this one about fixed 18 year terms because it emphasizes both the arbitrariness of our system and what an absurd outlier we are:
Supreme Court justices often try to retire during the presidency of someone sympathetic to their jurisprudence. Of course, that doesn’t always work: Justice Antonin Scalia, for whom I clerked, died after almost 30 years on the court trying to wait out President Barack Obama, and Justice Ruth Bader Ginsburg died after nearly 27 years on the court trying to outlast President Trump.
Over all, though, strategic retirements give the justices too much power in picking their own successors, which can lead to a self-perpetuating oligarchy. The current system also creates the impression that the justices are more political actors than judges, which damages the rule of law. It may even change the way the justices view themselves.
That is why we need to permanently reform the broken process for selecting Supreme Court justices. Myproposal is a constitutional amendment that would create a single 18-year term for each of them.
No other major democracy in the world gives the justices on its highest courtlife tenure, and nor do49 of the 50 states. The longest terms are more like the 12-year terms served by German Constitutional Court justices. Countries and states that do not have term limits have mandatory retirement ages; many jurisdictions have both.
The unpredictable American system of life tenure has led tofour presidents picking six or more justices and four presidents selecting none, as happened with Jimmy Carter. This gives some presidents too much influence on the Supreme Court and others too little.
2) Smotus, “For Democrats, There Is No Margin Big Enough To Sleep Well”
Just to clear up a common myth about 2016, no, the polls weren’t especially wrong. It was actually an impressive year for national polling. Polling averages had her up by about 3 points by Election Day; she won the popular vote by 2 points. The reasons people obsess about the 2016 polling are threefold:
The polls substantially understated Trump’s support in a few key states in the Upper Midwest, and that was enough to give him a win.
The popular vote diverged from the Electoral College results to a historically large degree.
Missing by one point isn’t a big deal if you’re expected to get 55 and you get 54. It is a big deal if you’re expected to win and you lose. The polls weren’t off by much, but they were off exactly where it counted.
…
Suffice it to say that Democrats will pretty much never feel confident in a presidential polling lead again for the foreseeable future. And honestly, that’s not terrible. It means that even in lopsided elections, there will be plenty of interest, attention, money, and campaign activity, all having the effect of informing voters and bringing them to the polls. This is healthy for democracy. It may not be all that healthy for Democrats’ nerves.
3) Paul Waldman, “We just had a decade-long debate on health care, and Democrats won”
This is the past decade of health-care politics: Republicans trying to take away people’s coverage and protections, but failing because public opinion would not allow it, while Democrats attempt to protect the ACA against those attacks and debate among themselves about how to fix the ongoing problems of the system.
Now imagine that Biden becomes president and Democrats do indeed win control of the Senate. What should they do at that point?
And as it turns out, they pretty much know already, because they had a big debate about this subject during the presidential primaries. Biden’s plan won’t satisfy everyone, but it’s essentially the minimum consensus position among Democrats. Among other things, it creates a public option open to anyone who wants it, boosts ACA subsidies and allows Medicare to negotiate drug prices. If I had my way it would go a lot further, but it’s something pretty much all Democrats should be able to get behind.
Just as important, Democrats have to begin that process with the understanding that absolutely nothing Republicans say about health care needs to be treated with even an iota of seriousness. They’re going to lie about what they believe, what they want, and what the Democratic legislation will and won’t do, because that’s how they operate. There’s no point in negotiating with them, because every last one of them will ultimately vote against just about any legislation on the subject that Democrats offer…It’s still going to be difficult, because the special interests that oppose health-care reform — insurance companies, drug companies, hospital chains — will fight it tooth and nail, probably investing hundreds of millions or even billions of dollars in a campaign to kill it.
But Democrats should never forget that we’ve been debating this for 10 years, and they won the debate. Now they need to act like it.
4) This is such a great takedown of libertarianism from former libertarian Will Wilkinson. Really worth reading the whole thing, “The Useful Libertarian Idiocy of The Great Barrington Declaration”
So what does any of this have to do with the libertarianism of AIER? Well, libertarians need to believe that, in this case and many others, a policy of doing nothing will work out because they think that government-led efforts (other than the protection of property rights) rarely succeed in improving our lives or securing our freedom. It’s easy to see why it could be thrilling for a libertarian to entertain the idea that, actually, it’s good if most of us just go ahead and get infected with Covid-19. One of the great themes of libertarian thought is that unhindered individual agency and the welfare of society tend to fall into alignment, as if by providence. I’d guess that’s why the authors and advocates of the Declaration studiously ignore actual patterns of individual agency easily observable in places, like Iowa, which have very few restrictions. If they allowed themselves to pay attention, they’d see that the dismal half-life of pandemic America is due more to the invisible hand than the state’s whip hand.
But if you acknowledge that our baleful new reality of Zoom Kindergarten, grocery delivery, and infrequent masked forays into the outer world is more spontaneous than planned order, you’ll have to admit that, when a deadly contagious virus is afoot, unfettered individual choice scales up to a pattern of social life that feels oppressive and suffocating to pretty much everyone. Indeed, libertarians and devil-may-care individualists may feel especially oppressed and suffocated, but they won’t be keen to admit that the scope and value of freedom can shrink without coercion or imposition by the state.
Admitting this would amount to the recognition that patterns of entirely voluntary behavior can leave us less free by closing off options we ought to have. But if you concede that, you’re a mere half-step away from comprehending “structural” or “systemic” oppression.” You might find yourself struggling to deny that the state’s authority can solve otherwise unsolvable collective action problems, supply otherwise unsuppliable public goods, and insure us against otherwise uninsurable risks. You might then become tempted to conclude that not only are we materially better off when the state does all that stuff, we’re also in many respects more free. By that point, hardcore libertarianism is out the window and you’re libertarian-ish, at best. But the ideological mind has a sixth sense for roads to Damascus and can be spectacularly acrobatic in avoiding first steps.
5) As far as recent SC decisions, this seems about right, “The Supreme Court Should Not Muck Around in State Election Laws”
Federal courts have no business interfering in state-law matters. As the three of us wrote back in 2000, the effort of several justices to hijack state law in Bush v. Gore was a disgrace. These justices asserted that the “Florida Supreme Court’s interpretation of the Florida election laws impermissibly distorted them beyond what a fair reading required.” Of course, “fair reading” meant how these justices read state law, not how Florida’s expert judges saw the matter.
No Supreme Court case before 2000 ever tried this maneuver to upend a decision by a state court on state law, and in Bush v. Gore itself, only three justices, led by the chief justice at the time, William Rehnquist, claimed that the federal Constitution made them the ultimate word on the meaning of state election codes.
Until this week, only Justice Clarence Thomas, writing for himself, had ever invoked any aspect of Bush v. Gore as good law. But on Monday evening, ominously, Justice Brett Kavanaugh repeatedly endorsed Rehnquist’s Bush v. Gore concurrence, claiming that the Supreme Court should feel free to second-guess state court interpretations of state election law whenever presidential elections are at issue.
6) No science writer has been better on this than Ed Yong. This is very true, “America Is About to Choose How Bad the Pandemic Will Get: If Donald Trump is reelected, he will continue to downplay the threat of the coronavirus, and more Americans will fall ill.” Among other things, this explains the absolutely unprecedented presidential endorsements from scientific and medical organizations.
7) German Lopez wrote this two years ago, but somehow I missed it at the time. If every state had gun laws like Massachusetts we’d have a lot less dead Americans.
8) This is a great piece from Yglesias on Hunter Biden trading off his father’s name and the far worse behavior of Trump and his children. What Hunter did really is not good, but if voters really care about presidential children not cashing in on dad’s name. Ummm…
It seems pretty clear that Hunter Biden, along with the traumas in his family and his personal struggles with addiction, has for years basically been cashing checks based on his relationship with his father.
In the world of political scandals, there are actual crimes and there’s simply shady behavior — and perhaps the real scandal is what’s legal. To be clear, there does not appear to be anything illegal about Hunter Biden’s various roles, but someone getting jobs because his dad is important doesn’t sit well with those who want to see less special interest influence in Washington…
The whole Hunter Biden situation, from top to bottom, reeks of the kind of cozy cronyism that makes a lot of people detest establishment politics and explains the appeal of the idea of a rich businessman who can’t be bought swooping in to drain the swamp.
And then there’s the reality of Trump…
Since both the Trump and Biden families are similarly situated, in this case, you can get a good comparative look at the situation. Hunter seems to have a more troubled personal life than many of the Trumps or various Trump-in-laws.
But the relevant figures of the extended Trump clan are simply more numerous, creating a wider range of actual and potential conflicts of interest. More importantly, Donald Trump has made his family members key advisers on critical political and policy decisions in a way that Biden simply hasn’t. The Trump kids show a lot more hustle and ingenuity at using their positions of privilege to attract more privilege. Jia Tolentino recounts the story Ivanka Trump tells in her biography of how she milked her family’s domestic servants for kickbacks via a lemonade stand:
When Ivanka was a kid, she got frustrated because she couldn’t set up a lemonade stand in Trump Tower. “We had no such advantages,” she writes, meaning, in this case, an ordinary home on an ordinary street. She and her brothers finally tried to sell lemonade at their summer place in Connecticut, but their neighborhood was so ritzy that there was no foot traffic. “As good fortune would have it, we had a bodyguard that summer,” she writes. They persuaded their bodyguard to buy lemonade, and then their driver, and then the maids, who “dug deep for their spare change.” The lesson, she says, is that the kids “made the best of a bad situation.”
This is fundamentally similar to the Kushner situation at Harvard — there for reasons other than his own merit, instead of coasting, he further peddled his dad’s money into a little business hustle. With Trump in office, Jared and Ivanka make policy. Eric and Don Jr. tour the world actively seeking new business opportunities.
It’s much more entrepreneurial than the Hunter Biden story, and much more in keeping with a certain vision of the American work ethic. But it’s infinitely more corrosive than a guy who has had drug problems scoring the occasional no-show job thanks to his dad’s influence.
9) Ever since 2016 there’s been a raging debate on whether Democrats need to focus more on mobilizing new voters or persuading Trump voters to vote Democratic. Both! But it’s become pretty clear that the latter strategy is the key to Biden’s polling lead. And here’s a nice PS analysis of 2016:
Looking at all six states to see whether turnout or persuasion mattered more
For more formal estimates of how much turnout contributed to the shifting outcomes, we next used linear regression, a statistical model that allows us to see how well different measures predict an outcome. We continued to work with precinct-level data, fitting statistical models that predict the change in the Republican vote margin across the number of voters in 15 categories that we defined by party alignment, registration status, and voting in just one or both elections. For instance, one such category would include the number of a precinct’s Republicans who were registered in both elections but only voted in 2016. We can then see just how much these various turnout measures jointly predict precincts’ overall swings.
But our three Northern states — Pennsylvania, Michigan and Ohio — shifted heavily to the GOP. While Obama won Ohio in 2012 by 3 points, for instance, Trump won the state by 8 points in 2016. And in all three states, we found that turnout shifts helped Democrats in 2016. In other words, Trump won because he persuaded Obama voters to cast ballots for him.
In 2016, persuasion made the biggest difference in the states that swung the most. For 2020, will those voters change their minds again?
10) I’ve been fascinated by shipbreaking ever since I read an epic William Langeweische article about it many years ago. I also quite enjoyed the dystopian Shipbreakers. With the cruise industry horribly suffering they are now literally breaking down cruise ships.
11) There’s truly a lot of good and well-meaning police officers out there who desire to serve their communities. But there’s far too many bad ones. And the police unions seem to be all about protecting the bad ones are truly a force for ill in American society. Like this, “Police took a Black toddler from his family’s SUV. Then, the union used his photo as ‘propaganda,’ attorneys say.”
12) The economy does better under Democratic presidents. Really. This is basically an empirical, incontrovertible fact. If only the public understood this. I used to read Brad Delong all the time. I don’t know what happened to him, but here he is, “The Economic Incompetence of Republican Presidents”
As economists Alan S. Blinder and Mark W. Watson showed in a 2015 paper:
“The superiority of economic performance under Democrats rather than Republicans is nearly ubiquitous; it holds almost regardless of how you define success. By many measures, the performance gap is startlingly large – so large, in fact, that it strains credulity.”
In terms of annualized real (inflation-adjusted) GDP growth, for example, Blinder and Watson find that Democrats outperform Republicans by “1.8 percentage points in postwar data covering 16 complete presidential terms – from [Harry] Truman through [Barack] Obama.” Were this analysis to be extended back through the eras of Herbert Hoover and Franklin D. Roosevelt, the gap would grow to about three percentage points per year. But it is also worth noting that, prior to the COVID-19 crisis, Trump presided over unusually strong growth (that is, for a Republican administration) during his first three years, when the US economy matched the average 2.4% annual growth rate achieved during Obama’s second term…
In any case, US history over the past century strongly suggests that Republicans simply have no idea which economic policies are likely to work at any given time. In the 2000s, for example, it seems never to have occurred to Bush or his advisers that under-regulation could produce a catastrophic financial crisis…
In light of these failures, Trump has played true to type. After calling the North American Free Trade Agreement the worst trade deal in American history and the Trans-Pacific Partnership the second-worst, his administration has merely added various TPP provisions to NAFTA, given the agreement a new name, and pronounced America “great again.” Trump has also launched a full-bore trade war against China, promising that it would be “good, and easy to win.”
What have these policies achieved? There has been no improvement in US manufacturing employment, the manufacturing trade deficit has widened, and US consumers’ real incomes have fallen now that they are bearing the costs of import tariffs. Clearly, neither Trump nor his trade advisers have any clue how to conduct a trade war.
This should surprise no one. Republican administrations have been failing at economic policymaking at least since the 1920s. The only choice this Election Day is between a return to sound economic management and a continuation of glaring incompetence.
13) Just read Brian Beutler’s terrific essay. Really. “The 2020 Election and the Future of Gatekeepers”
For the final entry in our PollerCoaster 2020 partnership with Change Research, we generated our own word clouds to help us gauge what has broken through to voters and what hasn’t. The comparison isn’t perfect. These are snapshots of a much different moment in time, one that happens to be consumed by a once-a-century pandemic, where Trump is the incumbent, not the challenger. But just as Gallup did, we asked likely voters to provide one-word responses “to describe what you’ve heard” about the candidates in the past week. And though the results don’t come close to perfectly capturing the essences of Trump and Joe Biden, or their relative merits, the improvement from four years ago is remarkable.
This comes, of course, despite the right’s best efforts.
Since the early days of the Democratic primary, Republicans have been trying to manufacture scandal around Biden, the best-polling of Trump’s potential 2020 opponents, with the goal of costing him the presidential nomination or crippling his general-election candidacy.
Trump quickly commingled election scheming and agitprop with his governing powers, as he extorted and bribed foreign governments to dirty up his rival, and got himself impeached for it. But even in these, the waning days of the campaign, GOP operatives remain committed, desperate even, to guilt trip, bully, and otherwise pressure the media to treat anti-Biden propaganda with the same credulousness that turned BENGHAZI and, thus, ultimately EMAILS into catchwords. They want our Biden word cloud to scream HUNTER or BURISMA, and recognize their failure to pull it off has likely dealt a fatal blow to Trump’s re-election hopes…
Still, they accomplished a lot. The fact that “Liar” and “Lies” loom almost as large in Biden’s word cloud as in Trump’s, and that the word “Corrupt” squats dead center in Biden’s, yet lurks almost invisibly in Trump’s, is a product of something. Democratic political failures and smaller-scale media failures likely explain some of it. Despite her many strengths as a moderator, NBC’s Kristen Welker asked one question about nepotism at the final presidential debate, and somehow didn’t direct it at the candidate whose children work at the White House while simultaneously helping run his business empire.
But none of it would be possible without the powerful propaganda machine the right has spent decades building. Even against the backdrop of a deadly pandemic that, due to Trump’s lies and incompetence, has killed hundreds of thousands of Americans, the right has managed to create a miasma of scandal around Biden out of almost nothing, and turn it into one of a handful of core campaign issues.
The Biden allegations Republicans have spun up are extremely convoluted. But their Benghazi conspiracy theories were also convoluted. The email-server scandal was simpler but it became hopelessly intertwined with the unrelated theft and leaking of Democratic Party emails, which revealed no unethical conduct, but, through roadblock media coverage, drove a hazy sense that something malfeasant lay at the bottom of it all. What truly made the difference between 2016 and 2020 is that the mainstream press hasn’t served as a gleeful validator of right-wing spin and smears and conspiracy theories this time. Without facts on their side, the right can still elevate a fabricated scandal into the middle-tier of public consciousness, but without buy-in from the mainstream press, it will stay there—which is why our word clouds look so different from Gallup’s.
But the propaganda machine won’t stop whirring after the election, even if Trump loses. And so the unanswered question I asked above—will journalists view these improvements as a one-time-only concession, or will they stick?—may soon become the most important one in politics…
If Biden wins, we’ll learn almost right away whether the lessons of 2016 and 2020 have stuck or not. Republicans and their right-wing media allies may set aside their failed Hunter Biden fixation, but they’ll move on to other things: insincere and baseless scaremongering about federal debt, pretending to value political norms and the importance of congressional oversight, a sudden discovery that elections don’t have consequences after all, even when the winner has a popular mandate. No one can stop conservatives from doing what they believe to be in their political interests, but the test of whether the gatekeepers have reasserted themselves will be whether or not they revert to pretending to believe the same old propaganda. Whether they view their resistance to one such campaign as a major, one-off achievement rather than what it should be: a basic obligation of the trade. Whether the next word cloud looks more like ours, or the one that prefigured the past four years of hell.
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