“Self-Serving And Misguided”: Conservatives Want To Add Fantasy Thinking To The Budget
In yet another seemingly boring yet dramatic consequence of the midterm elections, Republicans and even some conservative Democrats are keen on adding “dynamic scoring” to the future budgeting process.
Top Republicans, eyeing full control of Congress next year, are considering changing the rules of the budget process so as to make tax cuts appear less harmful to the deficit.
They want to adopt a method called “dynamic scoring,” popular among conservatives since the 1970s, which scores budgets under the controversial assumption that tax cuts generate economic growth and make up for lost revenue — something critics have likened to “fairy dust.” The nonpartisan Congressional Budget Office, the official scorekeeper, does not use the method, but Republicans, and even some conservative Democrats, want it to.
“In practice, dynamic scoring is just another way for Republicans to enact tax cuts and block tax increases,” economist Bruce Bartlett argued in the New York Times in 2013. “It is not about honest revenue-estimating; it’s about using smoke and mirrors to institutionalize Republican ideology into the budget process.”
Of course, tax cuts do not, in fact, generate revenue. Tax cuts almost invariably cost revenue. The fantasy that tax cuts increase revenue is based on a back-of-a-napkin gimmick called the Laffer Curve, which states that at a certain point of unreasonably high taxes, cutting taxes will generate more revenue due to higher growth. The sleight of hand, of course, is in the inflection point of the curve. The tax rate would have to be ludicrously high for tax cuts to have enough of a stimulative effect to generate enough growth actually increase government revenue. We don’t even have to speculate about whether we’re anywhere close to that inflection point in the United States: the example of other social democracies demonstrates that higher rates do lead to higher government revenues, and the experience of the budget-busting Bush tax cuts demonstrates the inverse.
Conservatives have the problem that reality continues to be punishing to their worldview. Abstinence education doesn’t prevent teen pregnancy; tax cuts don’t generate revenue; climate change is real; supply-side economics doesn’t create sustainable growth; etc.
Their usual answer to be battered by the way the world actually works, is to spend oodles of money telling voters convenient fantasies. Dynamic scoring is just another way of inserting their self-serving and misguided wishful thinking into the reality-based budget system.
By: David Atkins, Washington Monthly Political Animal, October 4, 2014
“Free Enterprise Groups”: How The Koch Brothers Helped Bring About The Law That Shut Texas Abortion Clinics
In Texas politics, abortion is front and center once again—and so is the role of so-called “free enterprise” groups in the quest for government control of women’s lives.
Yesterday, there were 21 abortion clinics available to the women of Texas, the second-largest state in the nation. Today, thanks to a decision handed down from a three-judge panel on the federal 5th Circuit Court of Appeals, there are eight. But the story really begins with the U.S. Supreme Court’s 2010 decision in Citizens United, and the flow of money to anti-choice organizations from groups that profess to care only for the deregulation of industry and markets.
The closing of some 13 abortion clinics today in Texas hinges on a provision of the highly restrictive, anti-abortion bill passed in the state legislature in special session in 2013—the part of the law that requires clinics to comply with the building code standards for hospital-quality ambulatory surgical clinics, despite the assertion of nearly every credible medical association that such requirements are medically unnecessary.
In fact, the most significant effect of the facility requirements is to prevent women from obtaining safe abortions, since the clinics cannot not afford the alterations to their facilities demanded by the law. And given the state’s other restrictions on abortion—a mandatory and medically unnecessary sonogram, a 24-hour waiting period and a ban on abortions taking place 20 weeks post-fertilization—you’d be forgiven for thinking that most significant effect to be by design.
That aspect of the law, as well as others, were challenged by the Center for Reproductive Rights and other pro-choice groups. In August, the groups won a reprieve from the requirement that clinics meet hospital building-code standards, as well as from another provision that requires physicians who perform abortions to have admitting privileges at a hospital within a 30-mile radius of the practice or clinic where they conduct the procedure. At that time, Judge Lee Yeakel of United States District Court in Austin ruled in the clinics’ favor.
Then Texas Attorney General Greg Abbott, the Republican candidate for governor, appealed Yeakel’s ruling, yielding Wednesday’s ruling from the three-judge panel in a decision that was contemptuous of Yeakel’s decision, declaring him to have exceeded his judicial authority.
But even more astonishing in the 5th Circuit’s opinion is its assertion that the shuttering of most of the state’s abortion clinics will not place an undue burden—the standard set in the Supreme Court’s 1992 decision in Planned Parenthood v. Casey—on women seeking abortions. According to the New York Times, some 5.4 million women of childbearing age live in the Lone Star State, which covers more than 268,000 square miles.
The ruling puts abortion politics front and center, once again, in the Texas gubernatorial race, just a month before Election Day. In truth, it’s the issue that’s provided the subtext of that race from the get-go, as the Democratic candidate, State Senator Wendy Davis, rose to national prominence for her fortitude in launching, on June 25, 2013, an 11-hour filibuster that temporarily forestalled passage of the law, as pro-choice demonstrators poured into the state capitol building. In his role as the state’s top lawyer, Abbott is charged with enforcing that law, and has done so with gusto
But, as I reported for RH Reality Check in November 2013, the rash of anti-abortion laws that flooded the agendas of state legislatures across the nation that summer were hardly the result of spontaneous uprisings; they were fueled with the dollars of such “free enterprise” groups as Freedom Partners, Americans for Prosperity, the Center to Protect Patient Rights and 60 Plus—all part of the fundraising network organized by Charles and David Koch, the billionaire principals of Koch Industries, the second-largest privately held corporation in the United States.
The brothers may care little about killing the right to choose, but that doesn’t mean they’ll hesitate to throw women under the bus if it helps them in their anti-regulatory, shrink-the-government crusade. Religious-right leaders, in recent years, theologized the free-market cause, providing the Kochs and their ilk with foot-soldiers willing to execute it, if only they could find their way to political power.
In the wake of the 2010 Supreme Court decision in Citizens United, which gave license to groups like those mentioned above to spend unlimited sums in elections without disclosing their donors, millions of free-enterprise dollars flowed to anti-choice groups and politicians. (In Texas, for example, Rep. Jodie Laubenberg, the sponsor of the House version of the draconian 2013 abortion law, was also president of the state chapter of the American Legislative Exchange Council (ALEC), the influential right-leaning group, supported by the Kochs, that crafts legislation designed to cut regulations on corporations.) The Koch network money led to an unprecedented number of anti-choice politicians elected to state legislatures in 2010 and 2012.
With a month to go before voters hit the polls, Wendy Davis is gaining on Greg Abbott, but a recent poll still has her 9 points behind the Republican. He’s likely to enjoy a flood of outside spending on his behalf by the Koch-network groups.
Then there’s money in their respective campaign coffers. “In July, Abbott had $35.6 million on hand,” reports Wayne Slater of the Dallas Morning News, “while Davis had $8.8 million.”
In Texas, as in much of the nation, it’s hard for a woman to catch a break.
By: Adele M. Stan, The American Prospect, October 3, 2014
“Clever Assaults On The Right To Vote”: Restrictive Voting Laws Deserve Justice Department Scrutiny
In certain circles, it has become fashionable to believe that the Voting Rights Act is an outdated vestige of a crueler time, an unnecessary bit of bureaucracy that imposes its own injustices. Last year, the U.S. Supreme Court endorsed that view when it threw out one of the act’s more powerful provisions.
Those who believe that the Voting Rights Act is an artifact of a bygone era eagerly point out that the nation has elected its first black president — proof, they say, that racism is dead. In that view, the right to vote is guaranteed and each person is equally represented in the political system of this great democracy.
Eric Holder, the outgoing attorney general, knew better. He understood that the right to vote is under assault, and he did what he could to protect it, starting with a rehabilitation of the Civil Rights Division, which had fallen into dysfunction in the administration of George W. Bush. That may be Holder’s defining accomplishment.
During the Bush era, conservative partisans launched the most insidious onslaught against minority voting rights since the 1960s: the voter ID movement. Claiming, falsely, that the ballot needs more protection against fraud, they promoted restrictive voting laws in state legislatures around the country. Those partisans had their own agents within the Civil Rights Division, where they worked to ensure that dubious voter ID laws would not undergo any scrutiny.
Their mischief making has largely succeeded, not only in disenfranchising legitimate voters, but also in fooling the public about their intent. Polls show overwhelming support for laws that supposedly protect against fraud.
But make no mistake about it: Voter ID laws have next to nothing to do with protecting the ballot box. Instead, they are a relatively clever assault on the right to vote. As the nation has become browner, the GOP has found that neither its politicians nor its policies are popular among voters of color. So, rather than adopt a more inclusive brand of politics, the party has decided that denying the franchise to even a few hundred Democratic-leaning voters can be useful.
How do they accomplish that? Most of the state legislatures that have enacted such laws — and most of those are dominated by Republicans — have insisted that voters use a driver’s license as proof of identity. Research has shown that poor black and Latino voters, who usually vote for Democrats, are less likely to have automobiles than white voters.
Some elderly voters don’t even have birth certificates because they were born at home in an era when such documents were not required for daily life. In Texas, for example, voting rights groups say some rural residents would have to travel 100 miles to get proper documents.
But isn’t this necessary to prevent voter fraud? In fact, research has also shown that in-person fraud of the sort that voter ID laws are designed to prevent is virtually nonexistent. No matter what you’ve heard about voter fraud, you’ve probably not heard of a case of voter impersonation. In other words, no one shows up at the polls claiming to be John Boehner except John Boehner.
With that in mind, Holder entered the fray, sending Justice Department lawyers to challenge onerous voting requirements, including provisions in some states that sought to roll back conveniences such as early voting. They mounted successful challenges in Texas, South Carolina and Florida.
Even after the Supreme Court gutted the VRA, the Justice Department has kept up the good fight. It has filed suit against a restrictive law in North Carolina and joined lawsuits in Ohio and Wisconsin. Ultimately, some of those cases will likely end up before the nation’s highest court — and many civil rights lawyers are predicting the worst. A Supreme Court that doesn’t mind showing its partisan stripes could effectively abolish the Voting Rights Act.
But that will only make the work of the Civil Rights Division more important, not less. Here’s hoping that Holder’s successor is up to the job.
By: Cynthia Tucker, The National Memo, October 4, 2014
“The Failure Of Austerity”: This Upcoming Traffic Apocalypse Will Be The End Of Chris Christie
New Jersey Governor Chris Christie (R) is infamous as the guy whose underlings caused an epic traffic jam on the George Washington Bridge as part of some weird political punishment. In time, though, he will be known as the guy who caused the worst transportation snarl in the history of New York City.
I can’t see how this traffic disaster will mean anything but the end of Christie’s 2016 aspirations. The question for New Yorkers looking down the barrel of this sucker is whether it will be bad enough to break the hegemony of austerity in Congress.
So, what is happening? Let’s wind the tape back to 2010. The Recovery Act was in full swing, and all manner of stuff was being built across the country with stimulus money. The biggest project of all was called Access to the Region’s Core, a plan for a desperately needed new tunnel under the Hudson River and a new train station in Manhattan. There are only two other tunnels under the Hudson, both single-track and over 100 years old, both stuffed to capacity during rush hour, with demand only projected to grow.
The cost was projected at around $8 billion to $10 billion, with the federal government and the Port Authority picking up roughly three-quarters of the tab. Construction started in 2009, and hundreds of millions of dollars were spent on rights-of-way and initial work.
Then Christie unilaterally canceled the project, charging that costs were skyrocketing, that New Jersey would thus have to pay 70 percent of the bill, and that the feds were going to stick the state with any cost overruns.
He was lying through his teeth. A Government Accountability Office report later detailed that cost estimates had not increased, that New Jersey was only paying 14.4 percent, and the feds had offered to share the burden of any overruns. Instead, Christie swiped the money earmarked for the project and spent a bunch of it on New Jersey’s highway fund, so he wouldn’t have to raise the gas tax. (He’s under investigation by the SEC and the Manhattan DA for that, among other things.)
It was an infuriatingly stupid decision. But Hurricane Sandy changed it from stupid to disastrous. During the storm surge both the tunnels under the Hudson were flooded with ocean water, and the deposited salts are eating away the 100-year-old metal and concrete. Therefore, according to a recent study, both tunnels will need a total top-to-bottom overhaul in the next few years. Shutting even one of them down would basically be traffic apocalypse:
…shutting one of the two tracks in the tunnel under the Hudson River would cut service by about 75 percent because trains headed into New York would have to share the remaining track with trains headed west from the city, he said.
All told, more than 400,000 passengers ride trains through the two tunnels on a typical weekday, an Amtrak spokesman said. At peak commuting times, 24 trains an hour pass through the Hudson River tunnel, which is the only direct rail link between Pennsylvania Station in Manhattan and all points west. [New York Times]
In a blackly comedic coincidence, the canceled ARC tunnel would have come online in 2018, maybe just barely in time to take up the slack from one of the old ones being closed. Now those 300,000 or so displaced commuters are going to have to swim across the Hudson.
Anyway, according to the Times, Amtrak is going to work on the tunnels under the East River first, with no firm plans as to when they’re going to have to shut down the Hudson tunnels. They have a plan for another tunnel called the Gateway, but no way to pay for it as of yet.
And that brings us to Congress. The prospects for action at the federal level are nearly hopeless, but it’s worth noting that if they wanted to, Congress could solve this problem — just by appropriating some money for a new tunnel. Probably the best chance of that will be after the old tunnels are shut down and there’s a massive traffic jam from Newark to Long Island.
But in any case, Christie’s boneheaded posturing is at least yet another demonstration of the failure of austerity. Turns out not spending money doesn’t make crippling infrastructure needs disappear. It just postpones the day of reckoning, and raises the chances of expensive catastrophic failure.
By: Ryan Cooper, The Week, October 3, 2014
“Undue Burdens”: Voter ID Laws Are Costing Taxpayers Millions
One federal judge has allowed a voter ID law to take effect in Wisconsin. Another is now contemplating whether to do the same in Texas. Defenders of these laws, which exist in some form in 34 states, insist that requiring people to show government-issued identification at the polls will reduce fraud—and that it will do so without imposing unfair burdens or discouraging people from voting. In North Carolina, for example, Republican Governor Pat McCrory wrote an op-ed boasting that the measures fight fraud “at no cost” to voters.
It’s not surprising that McCrory and like-minded conservatives make such arguments. The Supreme Court under Chief Justice John Roberts has steadily weakened the Voting Rights Act and related legislation, which for generations federal officials used to make sure minority voters had equal voice in the political process. But in 2008, when the Court approved Voter ID laws, the Court left open the possibility of new challenges if plaintiffs can demonstrate the laws impose a burden on would-be voters.
There are now good reasons to think the laws do exactly that.
One reason is a report, published over the summer, from Harvard Law School’s Charles Hamilton Houston Institute for Race and Justice. Researchers there complied published articles and legal testimony, in order to calculate the cost of of obtaining a government-issued identification. They included everything from the cost of waiting to the cost of traveling and obtaining documentation. Their conclusion? The costs can range anywhere from $75 to $400 per person. The study is not a comprehensive, since it examines evidence from just three states— Texas, Pennsylvania and South Carolina, which had its law blocked by the U.S. Justice Department but upheld by a District Court. But as many as 11 percent of voters don’t have a photo ID, according to the Brennan Center, and the study illustrates the challenge these people—many of them very poor—would face trying to get new identification documents. “The more it can be shown that is a substantial financial cost, the clearer it is that these laws are unconstitutional,” said Richard Sobel, author of the study.
Of course, some people would face higher costs than others. According to the study, people who move from another state can have a particularly hard time, because they’ll have trouble tracking down—and then paying for—the documentation they’ll need to get an identification card. Many states require that people present birth certificates in order to get Voter ID cards, but in at least two states, South Carolina and North Carolina, people who want a new birth certificate must present some other form of government identification. In other words, somebody would need a photo ID in order to obtain a voter ID.
Another group that can face extra costs and difficulty getting ID cards is women—specifically, women who have changed their names after marriage. A study by the Brennan Center from 2006 showed that just 48 percent of women with access to a birth certificate have access to identification with their legal name. “It’s clear the costs are much much greater largely because we change our names,” Elisabeth Macnamara, president of the League of Women Voters, told me. The League of Women Voters in Wisconsin has challenged Wisconsin’s voter ID law, partly on this basis. “We are seeing courts considering the Photo ID and see how much it takes to get one.”
A separate issue is the hassle people face when they try to get Voter ID cards. “We’ve experienced people being treated differently depending which DMV they go to or which examiner they talk to as to whether which document is sufficient,” Bob Hall, executive director of Democracy North Carolina, said in an interview. These difficulties should strengthen legal challenges to the requirement, he said: “It does bolster the argument that it amounts to a poll tax.”
Individual voters aren’t the only ones who face extra costs because of Voter ID laws. State governments’ do, too. The report from Harvard’s Houston Center showed the laws could cost Pennsylvania between $15.75 million and $47.26 million; South Carolina’s law would cost the state between $5.9 million and $17.70 million; and in Texas, could see the costs for its law go between $26.07 million and $78.22 million. “This is a huge amount of money to get a free ID, especially when the right to vote is a right that should be exercised freely and these resources could be used to getting people out to vote,” Sobel said.
By: Eric Garcia, The New Republic, October 3, 2014