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On (and On and On) Wisconsin, As Judge Stays New Union Law

Republican lawmakers in Wisconsin, including Gov. Scott Walker, have yet another decision to make in the wake of a state trial judge’s ruling Friday that temporarily blocked enforcement of Wisconsin’s controversial new public union law. And none of their paths are certain to bring them back to where they want to be.

Dane County Judge Maryann Sumi created the headache for Walker and company when she ruled that Wisconsin’s “open meetings” law required more public notice of a legislative vote than was given by Republican lawmakers on the evening of March 9th. That was the night GOP lawmakers took their surprise vote, in the absence of their still-in-hiding Democratic counterparts, and passed the divisive measure which undercuts collective bargaining rights in the state.

Gov. Walker subsequently signed the law and it was scheduled to be published — a requirement for implementation — on March 25th. But because the measure was enacted in violation of the 30-year-old transparency law, Judge Sumi ruled, it could not yet go into effect. The Wisconsin State Journal quoted her as saying: “This was something that would and did catch the public unaware… what ended up being a closed session of a body in propelling legislation forward.”

Her procedural decision had nothing to do with the legal or political merits of the fight over collective bargaining rights. But it will likely affect those merits anyway, in whole or in part. Here’s part of what the state statute says about how other state statutes are to be lawfully enacted:

“Public notice of every meeting of a governmental body shall be given at least 24 hours prior to the commencement of such meeting unless for good cause such notice is impossible or impractical, in which case shorter notice may be given, but in no case may the notice be provided less than 2 hours in advance of the meeting.”

After a brief hearing on the matter, Judge Sumi said Friday in court: “It seems to me the public policy behind effective enforcement of the open meeting  law is so strong that it does outweigh the interest, at least at this time, which may exist in favor of sustaining the validity of the (law).”

So the GOP in Wisconsin now has a few options. The GOP can go back to the start of the legislative process and seek to enact the measure in more traditional circumstances. This could mean more Democratic walkouts. It could mean more protests at the State House in Madison. It could mean some sort of political compromise. Or it could mean the passage of an exact but newer version of the new collective bargaining law. And there’s no point in betting on which option is more likely because no reasonable person would lay odds on any of it given Wisconsin’s recent political history.

The GOP can slug it out in court and hope that a majority of the justices on the Wisconsin Supreme Court have a different view of the open meetings law (and what happened on March 9th) than did Judge Sumi. The problem with that option is that it requires the state’s appellate judiciary to undercut the open meetings law not just in these circumstances — which everyone concedes were unusual — but in more conventional scenarios as well. No one (yet) is claiming the law itself is unconstitutional or otherwise beyond the power of state legislators. The state supreme court could require a do-over at the Statehouse while promising its ruling has nothing to do with the politics of the law.

Or, the GOP can pursue both paths at the same time and hope for success in either one. The problem with that scenario is that it would require politicians to spend more time and energy in pitched legislative battle over an issue — new collective-bargaining legislation, properly noticed — which may subsequently be rendered moot by an appellate ruling that recognizes the legitimacy of the existing collective-bargaining law. I suspect few politicians in Wisconsin would want to go through the ordeal again even if they were assured that it would mean something in the end. But to ask them to do so when the existing law may ultimately be revived may be a bit much.

There are other lawsuits pending against the legislation. Judge Sumi herself is involved in another one of those. What emerged from political chaos looks now to be heading toward a period of legal chaos.

By: Andrew Cohen, The Atlantic, March 18, 2011

March 18, 2011 Posted by | Class Warfare, Collective Bargaining, Politics, Republicans, State Legislatures, States, Unions | , , , , , , , | 1 Comment

Tea Party Extremism Run Amok

The success of the Tea Party movement and legitimate concern over the size of the deficit raise a serious question: What does it mean to promote small government?

The pious commitment to keeping big government out of people’s lives—or championing local control—was a common theme among Republican candidates last election season, particularly among those who professed sympathies for the Tea Party element. But local control and small government sound remarkably like pure lawlessness, as Dana Milbank brilliantly reports in Wednesday’s Washington Post.

Milbank—often amusing, always readable—with this most recent and very well-reported column, an absolute must-read, chronicles some of the anti-federal-authority efforts by state legislators:

When Louis Brandeis called state legislatures “laboratories of democracy,” he couldn’t have imagined the curious formulas the Tea Party chemists would be mixing in 2011, including: a bill just passed by the Utah legislature requiring the state to recognize gold and silver as legal tender; a Montana bill declaring global warming “beneficial to the welfare and business climate of Montana”; a plan in Georgia to abolish driver’s licenses because licensing violates the “inalienable right” to drive; legislation in South Dakota that would require every adult to buy a gun; and the Kentucky legislature’s effort to create a “sanctuary state” for coal, safe from environmental laws.

U.S. News’s own Robert Schlesinger also recently questioned the mental stability of some of these local lawmakers.

Setting aside the pure absurdity of some of those ideas, the philosophical underpinnings are pretty disturbing. Where did these local officials get the idea that any community standard—be it a proven ability to make a left turn (if not parallel park) or to avoid poisoning the environment for generations who might come after us—is some egregious infringement on their own rights?

If the anti-big-government, local-control camp wants to prove its sincerity, it can help out right here in the District of Columbia. Still the last place in the country where citizens are denied the right to full representation in Congress, the nation’s capital is again experiencing attempts by members of Congress to make decisions about school vouchers and other matters. The same lawmakers who say they want the federal government to have less control over people’s lives are using Washington as Congress’s personal lab rat. If they really believe in local control, the lawmakers will let the city of Washington alone.

By: Susan Milligan, U.S. News and World Report, March 16, 2011

March 18, 2011 Posted by | Deficits, Democracy, Liberty, Politics, Republicans, State Legislatures, Teaparty | , , , , , , | Leave a comment

Republican Budget Cuts Will Come Back to Bite Them

Something about the Republican dance with populism these days reminds me of one of those classic Twilight Zone episodes: Aliens come down to earth. They want to help us! (They even have a book called To Serve Man!) Wait a minute … they want to eat us! (It’s a cookbook.) From there things take a decidedly downward turn.

One suspects that Republicans may be in for a similarly demoralizing experience. Here’s why:

When NPR asked Sen. Jim DeMint this week why Republicans were pressing to reduce Social Security benefits (a subject that had long been considered off limits for politicians interested in re-election), he answered, “It is politically dangerous, but I think the mood of the country is different than it has been [at] any time in my lifetime.” The “mood” he’s talking about is the so-called “new populism,” the voter anger expressed everywhere from Tea Party rallies to voting booths in 2010.

When you think of traditional populism, it evokes images of regular people rising up against a remote, usually corporate, elite that’s run roughshod over their rights. Farmers and working people taking on runaway industrialists and robber barons. Traditionally, Democrats have been most receptive to these kinds of appeals. In response, they’ve pushed government to enact programs aimed at protecting those most vulnerable to the predations of more powerful interests.

For the new populists, government is the remote elite. Instead of unsafe working conditions or unfair lending practices, they’re protesting the ills of government spending and overreach, the wasting of taxpayer dollars. And if their efforts undo the kinds of programs that a more traditional brand of populism might embrace—those aimed at helping the less advantaged make their way—so be it. It’s populism Republican style. And Republicans look like they’re going to ride it for all its worth.

But what happens when you start cutting programs that are in and of themselves something of a check on potential populist anger? That’s one way to look at government programs: There’s a need that’s not being addressed, and rather than let it ferment, government, however clumsily, tries to fill the gap. Sometimes the proposed gap filler is ridiculous (Rep. Dennis Kucinich’s “Department of Peace” springs to mind). Other times, it becomes part of the very fabric of our country.

Take public schooling. Public schools reflect a societal judgment that children should have a chance to succeed without regards to wealth or socioeconomic background. To help get them there, we don’t give every kid a million dollars and say “have at it,” we offer them a tuition-free classroom with a curriculum designed to put them on an equal footing with everyone else when they enter the workforce. What they do from there is up to them.

It doesn’t always work out, of course. Some schools are better than others. So are some teachers. But wherever our various debates about education reform end up, public schools reflect a deeply held American value: that there are some public goods (like an educated workforce) that we, as a society, believe are worth individual (taxpayer) costs. That seems to have become lost in the current debate.

Take another look at what’s underway in Wisconsin. A centerpiece of Gov. Scott Walker’s budget is a $1 billion cut in education funding. That’s a big number that may sound appealing to people worked up about government spending today, but in September when they send their kids to schools with classroom sizes twice as big as a year before, they may begin to remember why they thought it was a good idea to fund education in the first place. Presto! New populists transformed into traditional populists. Only now their target has shifted from Democrats to Republicans. And you can imagine the same phenomenon playing out across a whole host of issues, from Social Security to shared revenue.

Republicans may have momentum on their side at the moment, but there’s a long way to go in the various budget battles playing out across the country. To be sure, Democrats can overplay their hand, too, by opposing any kind of spending restraint.

But one way or the other, populism is sure to play a role in determining how it all turns out. Which strain of populism wins? For Republicans, the answer is kind of like the difference between To Serve Man (they’re helping us!) and To Serve Man (oh wait, they’re eating us). And they had better hope they’ve got it right.

By: Anson Kaye, U.S. News and World Report, March 17, 2011

March 18, 2011 Posted by | Economy, Federal Budget, Politics, Populism, Republicans, Social Security, Tea Party | , , , , , , , , , | Leave a comment

Why Qaddafi Has Already Lost

The fight is not over. Whether or not Col. Muammar el-Qaddafi defeats the rebels in eastern Libya, any legitimacy he once had has been extinguished. He has weapons, tanks and planes, but he has lost the allegiance of even those elements of Libyan society that had once been willing to wait and hope for political reform. His base of support is now only diehard allies and foreign mercenaries. They might win on the battlefield, but they will lose in the end.

The uprisings in neighboring Tunisia and Egypt were precipitating events, but the resistance has drawn its core motivation from Libya’s brutal experience of colonialism. What is most striking about the rhetoric of the rebellion is how the anticolonialist theme that Colonel Qaddafi once deployed has now been turned against him and is being used on Twitter and Facebook. Even as they are assaulted by Colonel Qaddafi’s forces, the rebels have resisted calling for forceful Western intervention, though they support the imposition of a no-flight zone.

Libya’s history explains why. From 1911 to 1943, half a million Libyans died under Italian rule, including 60,000 in concentration camps run by the fascists. Colonel Qaddafi’s nationalist populism is rooted in the traumas of the colonial era, which were papered over during the modernizing but out-of-touch monarchy that ruled from 1951 to 1969.

The regime that came into existence in a bloodless coup in 1969 was led by officers who came from lower-middle-class backgrounds, represented all three regions of Libya and had the backing of a population that was largely rural. Although it was anticolonialist and anticommunist and advocated Arab nationalism and Islamic cultural identity, the new government did not have a clearly delineated political agenda; instead it looked for guidance from the 1952 Egyptian revolution. To this ideological mix the Qaddafi faction, which consolidated power in 1976, added its vision of an indigenous, pastoral, socialist society supported by oil revenues and the labor of workers from abroad.

Western analysts focused on the leader’s cult of personality and eccentric style have often misinterpreted his regime as a historical aberration. In fact, it was rooted in the hinterland of south-central Libya, with its pan-Islamic culture, kinship networks, fear of the central state and mistrust of the West. Colonel Qaddafi transformed anticolonialism and Libyan nationalism into a revolutionary ideology, using language understood by ordinary Libyans. He employed his charisma to mobilize Libyans and attack his opponents. He spoke, ate and dressed like a rural tribesman.

But “tribalism,” so frequently mentioned in coverage of the revolt, is not a timeless feature of Libyan society. It was merely one facet of Colonel Qaddafi’s divide-and-conquer style of rule. To weaken opposition from students, intellectuals and the middle class, the regime pursued a policy of “Bedouinization,” attacking urban culture; promoting rural dress, music, festivals and rituals; and reviving institutions like tribal leadership councils. Tripoli, the capital, lost much of its cosmopolitan character even as it grew.

In its first two decades, the revolution brought many benefits to ordinary Libyans: widespread literacy, free medical care and education, and improvements in living conditions. Women in particular benefited, becoming ministers, ambassadors, pilots, judges and doctors. The government got wide support from the lower and middle classes.

But starting in the 1980s, excessive centralization, greater repression by security forces and a decline in the rule of law undermined the experiment in indigenous populism. Institutions like courts, universities, unions and hospitals weakened. Civic associations that had made Libyan society seem more democratic than many Persian Gulf states in the 1970s withered or were eliminated. A hostile international climate, and fluctuations in oil revenues, added to the pressures on the regime.

It responded by transforming its rituals of hero-worship into a rhetoric of pan-African ideology. It also turned to violence. After repeated coup attempts, it beat, imprisoned and exiled dissidents. It staffed security forces with reliable relatives and allies from central and southern Libya. During the 1990s, as economic sanctions took their toll, health care and education deteriorated, unemployment soared, the economy became ever more dependent on oil and the regime grew increasingly corrupt.

But what has escaped notice since the rebellion began in mid-February is the demographic transformation that made it possible. About 80 percent of Libyans now live in urban areas, towns and cities. Libya today has a modern economy and a high literacy rate. The leaders of the uprising include lawyers, judges, journalists, writers, scholars, women’s rights activists, former army officers and diplomats — a sizable urban elite that is battered and restive.

Had Colonel Qaddafi responded with openness to the calls for reform and not overreacted to the uprisings in Tunisia and Egypt, the urban elite might have been placated, and the violent rebellion avoided. He blew it. Once his army and police shot at protesters, the pent-up disaffection of Libyan society was unleashed, and it is too late for the regime to bottle it up. In recent weeks the revolt has even gained support from the historically pro-Qaddafi rural populace. No matter how much blood is shed today, the uprising will not be stopped.

By: Ali Abdullatif Ahmida, Op-Ed Contributor, The New York Times: Professor of Political Science at the University of New England, and author of “The Making of Modern Libya: State Formation, Colonization and Resistance, 1830-1932.”

March 17, 2011 Posted by | Dictators, Libya, Muslims, No Fly Zones, Qaddafi, War | , , , , , , , , | Leave a comment

Sen. Snowe Puts Mainers Out In The Cold To Win Favor From Tea Party

Sen. Olympia Snowe, R-Maine, acted in the best interests of her party's far right, not her constituents, when she voted last week in favor of the federal budget bill. (2009 AP file)

Sen. Olympia Snowe has apparently decided that it is better to bow to political pressure from the tea party movement than to stand up for the interests of Maine.

How else to explain her vote last week for a federal spending measure that would harm Maine’s economy while punishing thousands of Mainers, including seniors, veterans, preschool children, college students and families struggling to keep their oil furnace running?

It turns out that the tea party does not have to defeat U.S. senators to claim their seat. It just has to threaten them. If what Snowe voted for last week becomes law, 700,000 jobs are likely to be lost in Maine and across the country.

This is not according to a Democratic think-tank, but an economic adviser to the presidential campaign of Sen. John McCain, Mark Zandi.

NO TO HEAT ASSISTANCE

Snowe voted to throw tens of thousands of Maine families off of a lifeline that enables them to get through a Maine winter. She voted to cut the emergency energy assistance program — LIHEAP — by 66 percent, literally tossing Maine families out of the program and into the cold.

She voted to undermine services to Maine seniors who benefit from the Medicare program. Payments benefitting seniors who participate in the Medicare Advantage program, for instance, would be suspended, according to Secretary of Health and Human Services Kathleen Sebelius. And Snowe’s vote would create “significant disruption” to providers, suppliers and seniors who use Medicare.

Snowe voted to cut 3,500 positions from the Social Security administration, guaranteeing extended delays in the distribution of basic retirement claims and disability payments. She voted to eliminate 10,000 supportive housing vouchers for homeless veterans.

Sen. Snowe voted to knock 218,000 kids out of the Head Start program and force 16,000 classrooms to close while cutting 1.7 million college students from the Pell Grant program — their lifeline to a college education.

From the seat once held by the environmental champion Sen. Edmund Muskie, Snowe voted to cut land and water conservation, energy efficiency and renewable energy projects, and one-third of the entire Environmental Protection Agency’s budget.

Make no mistake — this was not a vote about doing the difficult but right thing to confront the federal budget deficit.

A sober debate about reining in long-term federal deficits begins by recognizing that the first step to fiscal health is an economy that produces decent-paying jobs.

Jobs fill pockets with money to spend on goods and services that in turn create more jobs. These jobs produce revenue that reduces the federal deficit. You are not serious about fueling a fragile economic recovery when you slash hundreds of thousands of jobs with one vote.

You are not serious about balancing the federal deficit when you support maintaining the Bush tax cuts for the wealthiest of Americans at a price of $2.5 trillion over 10 years — exactly the amount that congressional Republicans want to slash and burn from the federal budget over this same time period.

You are not serious about addressing the federal budget deficit when you repeatedly vote to borrow hundreds of billions of dollars for the war in Afghanistan.

The wars in Iraq and Afghanistan alone account for 23 percent of the federal budget deficit since 2003.

STATE CUTS HURT TOO

The Portland Press Herald’s Bill Nemitz quoted a Portland middle school librarian who drove to the State House in Augusta last week to testify against similar tea party-driven cuts to Maine’s state budget.

Kelley McDaniel described the cuts this way: “It’s not economically sound. It’s not morally sound. And I think you know that. I would be embarrassed to support something so ludicrous — taking from the poor to give to the rich. Maybe you are testing us, checking to see if we, your constituents, are really paying attention, really listening. I hope that’s what’s going on, because the alternative involves me losing faith in representative government, in democracy, and in you, the elected officials.”

Our fragile economic recovery, our kids, college students, seniors, veterans, environment and our health all took a hit on the floor of the U.S. Senate from a senator who was once described as independent.

Sen. Snowe might think that she made a prudent political calculation by bowing to the radical right of her party and placing her political interests ahead of the interests of her constituents. But she needs to know that Mainers are paying attention. And that the seat she is holding is Maine’s U.S. Senate seat. Not the tea party’s.

By: Tom Andrews, Former Maine U.S. Congressman, The Portland Press Herald, March 15, 2011

March 17, 2011 Posted by | Deficits, Economy, Education, Federal Budget, Jobs, Medicare, Politics, Sen Olympia Snowe, Teaparty | , , , , , , , | Leave a comment