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Mad Scientists In The Lab Of Democracy…Experimentation Going Awry

Supreme Court Justice Louis Brandeis once said that states are the “laboratories of democracy.” Oft repeated over time, the aphorism has helped impart legitimacy to the rough and tumble of state lawmaking. We’ve heard “laboratory” and we’ve imagined staid scientists in white coats rigorously testing forward-thinking theories of societal advancement. It’s certainly a reassuring picture – but there is a darker side of the metaphor. States are indeed laboratories. The problem is that today, those laboratories are increasingly run by mad scientists.

We’re not talking about the usual Dr. Frankensteins trying to bring alive new corporate giveaways through harebrained cuts to social services (though there are those, too). We’re talking about true legislative sadists looking to go medieval on America. Behold just five of the most telling examples:

The Anti-Life Pro-Life Act: After anti-abortion Republicans in Congress tried to narrow the legal definition of rape, Nebraska Republican State Sen. Mark Christensen took the assault on women’s rights one step further with a bill to legitimize the murder of abortion providers by classifying such homicides as “justified.”

The Let Them Eat Corporate Tax Cuts Act: As poverty rates and hunger have risen, so too have corporate profits. The Georgia legislature’s response? Intensify the inequity with a bill to create a regressive sales tax on food that would then finance a brand new corporate tax cut.

The Demoralize the Workforce Act: Wisconsin Gov. Scott Walker didn’t just threaten to deploy the National Guard against state workers unless they accept big pay and pension cuts. Apparently, that was too Kent State and not enough Ludlow Massacre for him. So he pressed to statutorily bar those workers from ever again collectively bargaining.

The Child Labor Act: Missouri State Sen. Jane Cunningham’s proposal to eliminate child labor laws would allow corporations to employ any kid under 14 and would terminate restrictions on the number of hours that kid can be forced to work. The legislation is proof that when Tea Party ideologues refer to “the ’50s,” some of them aren’t referring to the 1950s – they are referring to the 1850s.

The Endorsing Your Own Demise Act: Between trying to legalize hunting with hand-thrown spears and pressing to eliminate education requirements for those seeking the office of State Superintendent of Schools, Montana’s Republican lawmakers are also considering legislation to officially endorse catastrophic global climate change. That’s right, in the face of a Harvard study showing that climate change could destroy Montana’s water supplies, agriculture industries and forests, State Rep. Joe Read’s bill would declare that “global warming is beneficial to the welfare and business climate of Montana.”

If you don’t live in one of these states, it’s easy to tell yourself that these bills don’t affect you. But history suggests that what happens in one “laboratory” is quite often replicated in others – and ultimately, in the nation’s capital. That’s why we should all hope saner minds cut short these experiments before they get even more out of control.

March 18, 2011 Posted by | Abortion, Climate Change, Collective Bargaining, Democracy, Education, Ideologues, Politics, State Legislatures, States, Unions, Womens Rights | , , , , , , , , , , | Leave a comment

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

Union Battleground Shifts From Wisconsin to Ohio—and Ballot Box

The movement has been set back for now, but the standoff in Madison captured labor’s political imagination. Although the Republicans have cynically used the “nuclear option” to ram through the anti-union bill, the battleground will now just shift to other states.

Ohio lawmakers are mulling a bill similar to Wisconsin’s, which would restrain the collective bargaining rights of some 360,000 state and local employees.

Ohio does not need as many votes for a quorum. This means Democrats cannot hold up the voting process by going AWOL, as they did in Wisconsin and are still doing in Indiana (where unions are fighting proposals to further erode union rights and public education). But in Ohio’s case, Madison-style people power could be deployed in a more concrete way, according to some lawmakers. House minority leader Armond Budish told Bloomberg News that even if the bill initially passes, he and other Democrats will mobilize citizens to thwart the legislation through other channels, through public pressure and perhaps ultimately, the ballot box:

Too few to block Republicans from having a quorum, Ohio Democrats are asking for more public involvement and hearings on the bill in an effort to sway opinion and will seek a ballot issue to repeal it if necessary, Budish said.

“If I have to take the lead on a statewide referendum, we will fight until we win,” Budish, the House minority leader, said in a telephone interview from Columbus….

With Republicans holding a 59-to-40 seat advantage in the House, Democrats should focus on a repeal referendum, said Representative Robert Hagan, a Democrat from Youngstown.

“What we’re doing now is performing a charade,” Hagan said in an interview. “They should get it over with, and we should put this on the ballot as soon as possible.”

With passage in the House all but certain, Ohio could now overtake Wisconsin as a bellwether for the struggle. After the fireworks in Madison, labor activists recognize that the partisan gridlock over collective bargaining rights is merely a proxy battle for a new kind of class antagonism that has emerged from the Great Recession.

Ohio’s referendum process offers a form of direct democracy that Wisconsin Republicans stridently denied to protesters by ignoring, vilifying and shutting out demonstrators at the capitol.

Bloomberg reports that voters can launch a ballot initiative..

if petition forms with more than 231,000 voters’ signatures are filed within 90 days of the law’s approval, according to the secretary of state’s office. The number of signatures is 6 percent of the total vote cast for governor last year.

Gathering that many petitions in three months is no small feat, though the required number of signatures equals just under two-thirds of the number of workers potentially impacted by the bill. More importantly, the spirit of protest across the Midwest has truly gone viral, inspiring parallel demonstrations in Indiana, Ohio and other states, and cheers across the Twitterverse, pizza from Haiti, and picketing from Cairo. And on top of potential court challenges, there are rising calls for a general strike to paralyze Gov. Walker’s administration. In the wake of that outpouring of solidarity, a conventional referendum seems almost too easy.

In many ways, it is. Which is why the temporary defeat in Wisconsin should have a more enduring influence on the campaign to protect union rights than any other tactic. The battle for labor’s integrity won’t be won or lost on the political chessboard of a state legislature.

As activists regroup and take stock of what they’ve gained these past few weeks, they can still claim one victory: they never gave an inch. And by standing their ground, they gave workers across the country the momentum to push ahead to November and beyond.

By: Michelle Chen, In These Times, March 11, 2011

March 13, 2011 Posted by | Class Warfare, Collective Bargaining, Democracy, Economy, Governors, Ideologues, Jobs, Middle Class, State Legislatures, States, Unions | , , , , , , , , , , , , | Leave a comment

Wisconsin Gov. Scott Walker, Tea Party Are Faces Of GOP Overreach

Congratulations to whoever had “less than two months” in the “conservative overreach” betting pool. There was never a question about whether the Republican Party, awarded huge political gains last year by voters, would let ideology outstrip political reality. The issue was when. And the new faces of conservative overreach have been preening recently.

Here is Wisconsin Gov. Scott Walker, who sparked an old-fashioned national labor controversy by trying to break his state’s public unions. His assertion that he’s merely trying to achieve fiscal responsibility is belied by the fact that while rolling back government workers’ collective bargaining rights itself saves no money, the tax cut he pushed through upon taking office costs an amount strikingly similar to this year’s budget gap; and the fact that when the unions offered to accede to his budget demands in exchange for keeping their bargaining rights, the governor wouldn’t accept that “yes” for an answer.

Indeed, while he has tried to imbue his power grab with the voters’ imprimatur by claiming that union-busting was part of his campaign agenda (it was not), Walker, speaking with a liberal blogger pretending to be billionaire supporter David Koch, described the actual unveiling of the policy as akin to dropping a “bomb.” In that same call, he added a phrase to the lexicon of overreach. “This is our moment,” he told faux-Koch, “this is our time to change the course of history.”

Away from Wisconsin, members of the Tea Party Patriots, meeting in Phoenix recently, gave that sentiment more guttural voice. When Texas GOP Rep. Joe Barton tried to brag that the $61 billion in spending cuts the House recently passed were the “largest . . . in the history of America,” they booed him, shouting “More, more!” One Tea Partyer told the Associated Press that she and her fellow activists were displeased with the House GOP for failing to follow through on their campaign pledge to slice $100 billion from government outlays this year: “Have we seen that? No. But we’ve heard excuses.” Another warned, “If they don’t [live up to their promises], we’re going to pull up another candidate to run against them.” Why shouldn’t they? This is their moment.

That even the conservative House Republicans are unable to conjure more than $61 billion shows both the hollowness of their $100 billion campaign pledge and the governing corner into which they have painted themselves. And, the Tea Party activists will no doubt be pained to learn, negotiations with the White House and Senate Democrats won’t get them any closer.

Not for lack of trying, to be sure. Congressional Republicans have demonstrated an unstinting commitment to an economic philosophy that can best be described as cutting for cutting’s sake. It’s certainly not for the sake of fiscal responsibility. The same party that brought you the Reagan budget deficits and Bush budget deficits certainly speaks the language of fiscal responsibility. But Republicans concern themselves only with the spending side of the ledger, perhaps forgetting that deficits come not from spending in isolation but when spending and revenue are out of balance.

So they piously speak of dealing with the deficit with their $61 billion in proposed cuts (or even the $100 billion Tea Party standard) while trying to repeal President Obama’s healthcare reform law, a move that would add more than $200 billion to the deficit over 10 years, according to the Congressional Budget Office. And all of those numbers are dwarfed by the $4 trillion hole they would blow over 10 years if they successfully managed to make the Bush tax cuts permanent.

And they’re not focused, campaign rhetoric aside, on jobs. A recent Goldman Sachs report estimated that the $61 billion in spending cuts that the House GOP passed would reduce economic growth by 1.5 to 2 percentage points. This would not help spur job growth. Moody’s analyst Mark Zandi (who has advised both parties) weighed in last week with an estimate that the Republican spending cuts “would mean some 400,000 fewer jobs created by the end of 2011 and 700,000 fewer jobs by the end of 2012.” And last Wednesday, Federal Reserve Chairman Ben Bernanke put that number at “a couple of hundred thousand jobs,” adding, “It’s not trivial.”

In other words, the Republicans’ spending cuts legislation is the very definition of, to borrow their phrase, a job-killing bill. And the Tea Party gang doesn’t think it goes far enough. Is the GOP really willing to sacrifice economic growth at the altar of their cutting obsession? Indiana Gov. Mitch Daniels, the George W. Bush budget director-turned-spending hawk, was asked on NPR whether budget cuts are worth it if they cost a lot of jobs. “The answer is yes,” he said.

This view bespeaks the kind of market fundamentalism the Tea Party GOP has embraced. It involves a blind faith in the free market: cut taxes, gut regulations, cut spending, gut labor unions. The market is always right. And if that means the loss of a few hundred thousand jobs, then, in the instantly immortal words of House Speaker John Boehner, “So be it.”

But the GOP has gotten so lost in its own philosophy that they have made the mistake of believing their own rhetoric about the United States being ideologically conservative. It is surely true that the electorate prefers a government that is in some senses limited; but so too do they want the free market limited, its rough edges softened.

It may be, in Governor Walker’s words, their moment. But overreaching conservatives will learn that the more tightly they embrace it, the more quickly it will pass. In self-consciously trying to change history, they will become it.

By: Robert Schlesinger, U.S. News and World Report, March 11, 2011

March 13, 2011 Posted by | Class Warfare, Collective Bargaining, Deficits, Economy, Ideologues, Income Gap, Jobs, Middle Class, Politics, Teaparty, Unions | , , , , , , , | Leave a comment

The Destruction Of Middle America: Karl Rove’s Secretly-Funded Crossroads GPS Attacks Unions

Karl Rove’s secretly-funded Crossroads GPS is spending $750,000 airing a terribly misleading ad attacking public-sector labor unions. With declining support for the GOP’s anti-union stance, Rove’s group is looking towards the 2012 elections and aiming to counteract that slide by unfairly demonizing unions.

The ad also attempts to lay the blame on President Obama and tell viewers to tell him “you’ve had enough.” The group spent at least $17 million in the 2010 midterm elections, and along with Rove’s American Crossroads PAC, is planning to spend $120 million in the 2012 elections. Here is what the ad says, and why it is wrong:

“Why are Democrats shutting down state capitols to protect a system that pays unionized government workers 42% more than non-union workers?”

False.  As CMD has reported, an Economic Policy Institute report finds that, when controlling for education, and taking benefits into account, “full-time state and local government employees in Wisconsin are undercompensated by 8.2% compared with otherwise similar private sector workers.” In other words, it is unfair to compare compensation for an unskilled worker with a teacher who holds a master’s degree.

“A system that collects hundreds of millions in mandatory dues to back liberals who support government unions . . .”

False. See the U.S. Supreme Court decision Communication Workers of America v. Beck, 487 U. S. 735 (1988): nonunion employees cannot be required to pay dues to support political activities. In a unionized workplace, employees who choose not to join the union still reap the benefits of union representatives bargaining on their behalf, but they can only be required to pay dues towards that representation.

“One union boss explains . . .” the ad says, quoting from a July 2009 speech by National Education Association General Counsel Bob Chanin that, taken out of context, makes unions sound like money-sucking power-hogs.

False–through misleading editing.  The full quote is actually a reminder to teachers that their interests and those of their students will not be guaranteed by the dignity of the profession, or their passion for teaching:

So the bad news, or depending on your point of view, the good news, is that NEA and its affiliates will continue to be attacked by conservative and right-wing groups as long as we continue to be effective advocates for public education, for education employees, and for human and civil rights. And that brings me to my final and most important point. Which is why, at least in my opinion, NEA and its affiliates are such effective advocates. Despite what some among us would like to believe, it is not because of our creative ideas. It is not because of the merit of our positions. It is not because we care about children. And it is not because we have a vision of a great public school for every child. NEA and its affiliates are effective advocates because we have power. And we have power because there are more than 3.2 million people who are willing to pay us hundreds of millions of dollars in dues each year because they believe that we are the unions that can most effectively represent them, the unions that can protect their rights and advance their interests as education employees.

In light of the present attack on educators and other public employees by the likes of Scott Walker and Karl Rove, Chanin was correct. The integrity of public education is not being protected by good ideas, sacrifices by teachers, or by widespread recognition that education is an investment in the future. The primary defenders of public education and public educators are unions.

The same goes for unions defending the integrity of other public services against right-wing attacks. The real motivation for Rove, Walker, and the like is to crush union political power.  Wisconsin’s Senate majority leader has boasted about this partisan political strategy today. And in our post-Citizens United world, the only counterweight looking out for middle-class interests are labor unions. And only labor unions are powerful enough to attempt to counterbalance corporate interests and speak on behalf of working people in the election process. Despite losing one battle today, the fight to protect America’s middle class andw working people has only just begun.

By: Brendan Fischer, Center For Media and Democracy, March 10, 2011

March 11, 2011 Posted by | Class Warfare, Collective Bargaining, Democracy, GOP, Income Gap, Middle Class, Politics, Unions | , , , , , , , , , , , , , | Leave a comment

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