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Domestic issues Immigration Politics The Opinionsphere

Yglesias Award Nominee

Andrew Sullivan’s creation of the “Yglesias Award” is actually what led me to Matt Yglesias in the first place. Now, in my Google Reader, Matt Yglesias and Jonathan Chait (and Ezra Klein) all commingle in a single feed folder as my essential reading — and so, when reading this, I actually mistook it for a Yglesias post. But it was by Jonathan Chait:

As for bad faith, Graham is a Republican Senator from South Carolina. His highest risk of losing his seat, by far, comes from the prospect of a conservative primary challenger. Indeed, I’d say that prospect is far from remote, and Graham is displaying an unusual willingness to risk his political future. He has little incentive to negotiate on these issues except that he believes it’s the right thing to do. So when Democrats put climate change on the backburner to take up immigration, and so so for obviously political reasons, Graham has every right to be angry. He’s risking his political life to address a vital issue, and Harry Reid is looking to save his seat.

This isn’t to say I disagree with the move to tackle immigration. The Republican Party’s obstructionism makes their defeat more necessary than if they were willing and able to work on areas in which they share common ground. You could bet that if they take back the House they will be incentivized to cooperate, but I wouldn’t count on that. Bringing up immigration will raise the level of rhetoric though — as it will be the first controversial issue Obama has addressed. Health care was made controversial after being popular; the stimulus as well.

By taking on immigration now, the conventional wisdom (on the left) is that the Republican Party will marginalize itself in the future in order to achieve some temporary gains today — and the Democratic Party will become the party of the fastest growing ethnic group. The Republican coalition of business and cultural conservatives will be aggravated as a bonus.

Aside from political calculations — it clearly is an issue that we must tackle as a nation — and the new draconian Arizona law demonstrates this further.

But Chait’s right that Graham has a right to be angry. Even if Graham does shamelessly play deficit politics while pushing America towards a fiscal catastrophe. Making common ground with people you disagree with is hard. And Graham is the only one in the Republican Party who seems to be trying, at a political cost to himself even.

[Adapted from image by isafmedia licensed under Creative Commons.]

Categories
Domestic issues Health care Politics The Opinionsphere

Harry Reid’s Heroism

I’ve said it before, but I’m saying it again:

If you’re trying to follow the ins and outs of the health care debate, there’s no better source than Ezra Klein. But for the moment, I wanted to cite one particular post of Klein’s citing Matt Yglesias:

[L]iberals have rarely found themselves hailing Reid’s leadership. But the fact of the matter is that there’s almost no precedent for the legislative mission he’s been asked to accomplish of turning 59 Democrats, one loosely Democrat-aligned Independent, and two slightly moderate Republicans into 60 votes for a package that’s simultaneously a dramatic expansion of the welfare state and a measure that reduces both short- and long-term deficits.

On top of the intrinsically difficult nature of the task, he’s facing a really ugly political situation back home. Because Beltway mores dictate that you can never hold a member of congress morally culpable for actions undertaken in the name of raw politically self-interest, it must have been very tempting for Reid to get distracted. But he’s stayed on point and focused, dealt with the timid members of his caucus, dealt with the ignorant members of his caucus, dealt with the egomaniacal members of his caucus, and dealt with the all-too-typical Senatorial combination of policy ignorance, egomania, and political cowardice among some members. For his troubles it looks like we’re going to get a bill that liberals feel churlish about at best. But it’s really an extraordinary achievement.

Categories
Health care Politics The Opinionsphere

Shame on You, Mr. Hentoff

[digg-reddit-me]Mr. Hentoff,

I have been following you for years – ever since my father suggested I read your column because you were honest and independent-minded and liberal. I have admired your steadfast positions, including on abortion and right to life issues. But your last column was truly shameful.

Given your career and the reputation you have built and maintained, you should be embarrassed to have such poorly sourced journalism attributed to your name. It reads like something an overeager Cato intern might have thrown together – with the sloppy reference to Pelosi condemning the “furor” as “un-American” and the casual defamation of Ezekial Emanuel. It’s hard to tell if you made these points out of laziness – not taking the time to investigate the standard right wing talking points on health care – or if you chose to use your stature to lie.

If you had chosen to read the op-ed published by Speaker Pelosi and Representative Steny Hoyer (conveniently linked to here) you would have noticed that they never called the protestors or the furor “un-American” as many right wingers have claimed. Instead, they made a statement which you doubtless agree with:

Drowning out opposing views is simply un-American.

Which means your statement – misidentifying the co-author of the piece as Senate Majority Leader Harry Reid – calling them “blind to truly participatory democracy” began with a faulty premise.

Regarding your next point: If you had chosen to read the article you quote by Dr. Ezekial Emanuel (among others) instead of simply quoting the Washington Times editorial quoting the article – or if you had even done some sort of search beyond that single right wing editorial – you would have found that Dr. Emanual was not describing how he believes medical resources should be allocated – but considering what should be done in times or situations of extreme scarcity, such as during a pandemic or with extremely scarce resources such as organs to be donated. The article describes 8 systems for distributing extremely scare resources/services – and recommends 6 of them be incorporated into any decision-making process. The quote you push here is cribbed from the description of one system. It is a blatant falsehood to claim it represents Dr. Emanuel’s overall thought on the subject. And I know you are an old man, but would you seriously put forward the moral proposition that if your kidney is failing – and so is a 12-year old girl’s – you should get priority to that kidney?

To state that this quote means that Dr. Emanuel is in favor of medical rationing is a lie. To state that it means Dr. Emanuel is in favor of euthanasia is a lie. (In fact, one of the articles you link to clearly states that Dr. Emanual is and has been opposed to euthanasia.). To  insinuate that the plans currently under consideration are pushing such rationing or euthanasia or death panels is finally a lie too far.

You clearly know little about the bills under consideration – as you conflate the subsidies for voluntary end of life counseling and the Independent Medicare Advisory Board – as Sarah Palin in her ignorance did – into a “life-decider” panel that decides whether you merit “government-controlled funds to keep you alive.” You also make this ominous point:

The members of that ultimate federal board will themselves not have examined or seen the patient in question.

Of course, it is unclear what panel it is you are trying to describe here. As mentioned above, it seems a conflation of one panel in the proposed legislation – and a provision to subsidize end of life counseling – with both fearfully conflated and confused into one panel that has a quite different purpose. The closest thing to what you’re describing in the bill would be the Independent Medicare Advisory Board – which is an amended version of the current MedPAC which sets Medicare reimbursement rates. It would be checked by Congress and the President – either of whom would be able to reject any untoward recommendations by the board. In addition, either the IMAC or another advisory board would collect and distribute research on “best practices” in medicine – comparing the comparative effectiveness of different treatments for the same or similar diseases.

Of course, none of these boards would be making decision about individual patients – as you claim. But clearly, you didn’t take the time to look into any of this.

Shame on you, Nat Hentoff. This was a poor piece of journalism that only succeeds in spreading lies about health reform even further.

If you value your journalistic integrity, you should issue a retraction and apologize to Dr. Emanuel – or double down and explain what primary sources you have for your rather frightening conclusions. Until then, your opinion must clearly be dismissed as the shoddy piece of right wing talking points that it has become.

[Image not subject to copyright.]

Categories
Criticism Law Politics The Opinionsphere

Yes, the Senate Can Refuse to Seat Roland Burris

[digg-reddit-me]Ever since Governor Blagojevich announced his appointment of Roland Burris to take Obama’s Senate seat, the Conventional Wisdom has been that while Blagojevich’s actions are unseemly they are within the law – and more importantly, that Harry Reid and the rest of the Senate can’t do anything to stop Burris from being seated. The LA Times opined:

Exasperated as they are at being outfoxed by Blagojevich, his colleagues and critics must face the fact that he is still the governor of Illinois and empowered to appoint an interim U.S. senator. It’s not a pretty situation, but it’s the law.

The Wall Street Journal suddenly discovered the Constitution and the Rule of Law after eight years of amnesia ((That’s unfair. The Journal always remembers to invoke the Constitution when slamming Democrats. It only ignores it when Republicans are acting unconstitutionally.)) and declared that this was a matter of “Harry Reid v. the Constitution,” claiming without equivocation that Blagojevich had “every legal right” to appoint Burris, that the “Beltway Democrats can’t inject themselves into what is clearly a matter of Illinois law,” and finally that:

Nowhere in the Constitution is there a “qualification” saying that a Senator must not have been appointed by an embarrassing Illinois Governor…now that Mr. Burris has been appointed, Mr. Reid can’t legally deny him his seat. If this is the way Democrats are going to use their new monopoly on Beltway power even against a member of their own party, we’re in for an ugly couple of years.

David Gregory, temporarily sans smirk, parroted the same Conventional Wisdom on this morning’s Meet the Press.

This Conventional Wisdom holds that the 1969 Supreme Court case of Powell v. McCormack limits the Senate’s power to take action pursuant to Article I, Section 5 of the Constitition. The Article states:

Each House shall be the judge of the elections, returns and qualifications of its own members…

Powell limited this power by holding that:

In judging the qualifications of its members under Art. I, § 5, Congress is limited to the standing qualifications expressly prescribed by the Constitution.

What the LA Times and Wall Street Journal and David Gregory fail to take into account – whether deliberately or not is unclear – is that the Powell case revolved around the question of whether the Congress could judge the qualifications of a member and exclude him or her for bad conduct while Reid is making his case under the Senate’s power to judge the process by which it’s members are selected or elected. On Meet the Press, Reid said that he didn’t know of anything Burris had done wrong or any qualification he lacked. Rather Reid pointed to the tainted process which lead to Burris’s appointment as the problem. This is an entirely separate issue from the one decided in Powell – in which a duly elected Congressman was denied his seat for misconduct during the previous session of Congress:

Our examination of the relevant historical materials leads us to the conclusion that …the Constitution leaves the House without authority to exclude any person, duly elected by his constituents, who meets all the requirements for membership expressly prescribed in the Constitution.

The key phrase being “duly elected.” The Senate still has the power to judge the returns and the elections – and this power was not limited by Powell. The corruption of the process leading to Burris’s appointment is also what Reid & co. keep harping on – rather than Burris’s qualifications. An election of a Senator marred by corruption, like a corrupt appointment, is to be judged by the Senate. Akhil Reed Amar and Josh Chafetz explain the history of this power and it’s previous invocations.

If Reid chooses to push this claim of Constitutional authority and refuses to seat Burris, he may well prevail, proving once again John Kenneth Galbraith’s prescience:

The enemy of the conventional wisdom is not ideas but the march of events.