Justice Thomas Doesn’t Ask Questions, But He Certainly Should Have Some Answers
Justice Clarence Thomas is famous for his silence. While his fellow Supreme Court justices regularly challenge and work out complex points with the lawyers who appear before them, Justice Thomas has not asked a question from the bench for five years and counting. Unfortunately, he has been quiet on another matter as well: the mounting concerns that he has flouted ethics and financial disclosure rules in accepting gifts and favors from wealthy friends who have a stake in the cases he decides.
Justice Thomas can choose not to ask questions. But it’s clearly time that he answered some.
Justice Thomas has, for at least the past few years, walked along the blurry edge that divides unethical conduct from acceptable practices on the Supreme Court. He notoriously chose not to disclose major sources of family income on federal forms for more than a decade in violation of federal law. Although he reported no income earned by his wife Virginia, she in fact earned hundreds of thousands of dollars. Even worse, some of the income he failed to disclose came from a conservative think tank that frequently files briefs with the Court. He also drew fire for attending, with Justice Antonin Scalia, a private get-together sponsored by billionaire political powerhouses David and Charles Koch whose pet corporate causes often come across the Justices’ desks.
Then, this week, the New York Times broke the story of Thomas’ close friendship and mutual back-scratching with a politically active real estate magnate Harlan Crow. Crow, the Times reported, “has done many favors for the justice and his wife, Virginia, helping finance a Savannah library project dedicated to Justice Thomas, presenting him with a Bible that belonged to Frederick Douglass [valued at over $19,000] and reportedly providing $500,000 for Ms. Thomas to start a Tea Party-related group.” He also, the Times discovered, has been trying to hide his role as the main benefactor behind a multi-million dollar museum in Georgia that is a pet project of the Justice. In addition, the Times story raised concerns about whether some of Justice Thomas’s travel was underwritten by Mr. Crow and whether such support was accurately disclosed in the Justice’s notoriously inaccurate financial disclosures.
Crow isn’t just a friend of Thomas who happens to be rich. He’s active in political causes, and has “served on the boards of two conservative organizations involved in filing supporting briefs in cases before the Supreme Court” including one, the American Enterprise Institute, that gave Justice Thomas a $15,000 bust of Lincoln.
Obviously, Supreme Court Justices are allowed to have friends, just like the rest of us. But unlike the rest of us, their friendships — especially when they involve expensive gifts and multimillion dollar favors — can result in momentous conflicts of interest, or the appearances of conflicts, that affect the entire country. Who Justice Thomas chooses to befriend is his own private business. But who he or his pet projects receive huge gifts from is all of our business.
Ethics issues on the high court can be tricky, since Justices aren’t required to abide by any specific set of rules and don’t have a higher court to keep them in line. But many, including Thomas’ colleagues Anthony Kennedy and Stephen Breyer, say that the justices hold themselves to the same code of conduct that regulates other federal judges and stipulates that judges “should avoid impropriety or the appearance of impropriety in all situations.” Failure to comply with the code of conduct “diminishes public confidence in the judiciary and injures our system of government under law.”
This is why the American people have the right to answers from Justice Thomas. Americans have become increasingly frustrated in recent years as the Supreme Court has handed down decision after decision that privileges the interests — and profits — of corporations over the rights of individual Americans to hold them accountable. Citizens United v. FEC was one such decision. Another is this week’s decision in Dukes v. Wal-Mart, which took away the ability of as many as 1.5 million victims of pay discrimination to band together in court to hold the company accountable for its discriminatory policies. Average Americans can’t afford a ride on a private jet or an expensive work of art, let alone afford to give these as a gift to a Supreme Court justice. Even if the motivations behind all these gifts are entirely pure, accepting them casts doubt on a judge’s ability to be impartial.
Justice Thomas needs to be open with the American people, all of whose lives are affected by Supreme Court decisions. He needs to tell us who is paying for his pet causes and whether he asked them to do so. He needs to tell us where his family income is coming from and whether it benefits from his work on the Court. He needs to tell us what gifts he’s received from individuals and organizations that have a direct interest in the decisions he makes. And he needs to tell us that he will recuse himself from any case that he appears to have a financial interest in.
If Justice Thomas wants us to trust that he will give a fair hearing to all Americans, regardless of cash or connections, he needs to be open and honest with us about the circles of influence he inhabits.
It’s time for Justice Thomas to speak up. The Supreme Court’s integrity depends on it.
By: Michael B. Keegan, President, People For The American Way, Published in HuffPost Politics, June 23, 2011
Drug Marketing and Free Speech: U. S. Supreme Court Says Data Mining Trumps Your Medical Privacy
Pharmaceutical companies, which spend billions of dollars a year promoting their products to doctors, have found that it is very useful to know what drugs a doctor has prescribed in the past. Many use data collected from prescriptionsprocessed by pharmacies — a doctor’s name, the drugs and the dosage — to refine their marketing practices and increase sales.
The Supreme Court on Thursday made it harder for states to protect medical privacy with laws that regulate such practices. In 2007, Vermont passed a law that forbade the sale of such records by pharmacies and their use for marketing purposes. The ruling upheld a lower court decision that struck down the law as unconstitutional.
Justice Anthony Kennedy, writing for the 6-to-3 majority, said the law violates First Amendment rights by imposing a “burden on protected expression” on specific speakers (drug marketers) and specific speech (information about the doctors and what they prescribed). It is unconstitutional because it restricts the transfer of that information and what the marketers have to say.
In dissent, Justice Stephen Breyer explains that the law’s only restriction is on access to data “that could help pharmaceutical companies create better sales messages.” He notes that any speech-related effects are “indirect, incidental, and entirely commercial.” By applying strict First Amendment scrutiny to this ordinary economic regulation, he warns, the court threatens to substitute “judicial for democratic decision-making.”
The law would have been upheld, Justice Breyer says, if the court had treated it as a restriction on commercial speech, which is less robustly protected than political speech. The court’s majority unwisely narrows the gap between commercial and political speech, and makes it harder to protect consumers.
By: Editorial, The New York Times, June 23, 2011
Corporate Tax Cuts Don’t Stimulate Job Growth
Prevailing conservative wisdom dictates that businesses need tax cuts—and investors need capital gains tax cuts—to get the economy moving. But two very well-executed articles on wages and taxes published recently suggest that targeting tax cuts at business executives may do little to improve the dismal unemployment picture.
The Washington Post offers a startling analysis of income disparity, noting that the gap between the very rich and the rest of us has grown dramatically in the past few decades, reaching current levels that have not been seen since the Great Depression. In 2008, the Post reports, the top one-tenth of one percent of earners took in more than a tenth of the personal income in the United States. But the moneyed class is not dominated by professional athletes or big-name artistic performers or even hedge fund managers, the Post found. Instead, it is due to a big increase in executive compensation, even as real wages for some of their workers have dropped:
The top 0.1 percent of earners make about $1.7 million or more, including capital gains. Of those, 41 percent were executives, managers and supervisors at non-financial companies, according to the analysis, with nearly half of them deriving most of their income from their ownership in privately-held firms. An additional 18 percent were managers at financial firms or financial professionals at any sort of firm. In all, nearly 60 percent fell into one of those two categories.
The New York Times has a fascinating story that serves as an unwitting companion piece to the Post story. Corporate executives, the paper reports, are clamoring for a tax holiday to encourage them to bring their offshore profits back to the United States. And the money in question is big, the Times notes: Apple has $12 billion in offshore cash, while Google has $17 billion, and Microsoft, $29 billion. The companies with money sitting offshore argue that if the federal government were to offer them a huge tax break—say, a one-year drop from 35 percent to 5.25 percent—the businesses would bring the money home and operate as a private-sector economic stimulus.
However, the Times notes:
(T)hat’s not how it worked last time. Congress and the Bush administration offered companies a similar tax incentive, in 2005, in hopes of spurring domestic hiring and investment, and 800 took advantage. Though the tax break lured them into bringing $312 billion back to the United States, 92 percent of that money was returned to shareholders in the form of dividends and stock buybacks, according to a study by the nonpartisan National Bureau of Economic Research.
Who needs a tax cut, then? The U.S. economy is very much consumer-driven; companies aren’t hiring, many business owners say, because people aren’t buying. The past behavior of corporations that have received huge tax cuts has not necessarily been to use the money to hire more people; the Bush-era tax cuts have been in place for a decade, and the unemployment rate is still 9.1 percent. And executive compensation has grown. Executives may feel entitled to earn more and more if their companies are doing well and expanding. But without customers, those companies will go bust.
By: Susan Milligan, U. S. News and World Report, JUne 20, 2011
When Food Kills: A Threat To Public Health
The deaths of 31 peoplein Europe from a little-known strain of E. coli have raised alarms worldwide, but we shouldn’t be surprised. Our food often betrays us.
Just a few days ago, a 2-year-old girl in Dryden, Va., died in a hospital after suffering bloody diarrhea linked to another strain of E. coli. Her brother was also hospitalized but survived.
Every year in the United States, 325,000 people are hospitalized because of food-borne illnesses and 5,000 die, according to the Centers for Disease Control and Prevention. That’s right: food kills one person every two hours.
Yet while the terrorist attacks of 2001 led us to transform the way we approach national security, the deaths of almost twice as many people annually have still not generated basic food-safety initiatives. We have an industrial farming system that is a marvel for producing cheap food, but its lobbyists block initiatives to make food safer.
Perhaps the most disgraceful aspect of our agricultural system — I say this as an Oregon farmboy who once raised sheep, cattle and hogs — is the way antibiotics are recklessly stuffed into healthy animals to make them grow faster.
The Food and Drug Administration reported recently that 80 percent of antibiotics in the United States go to livestock, not humans. And 90 percent of the livestock antibiotics are administered in their food or water, typically to healthy animals to keep them from getting sick when they are confined in squalid and crowded conditions.
The single state of North Carolina uses more antibiotics for livestock than the entire United States uses for humans.
This cavalier use of low-level antibiotics creates a perfect breeding ground for antibiotic-resistant pathogens. The upshot is that ailments can become pretty much untreatable.
The Infectious Diseases Society of America, a professional organization of doctors, cites the case of Josh Nahum, a 27-year-old skydiving instructor in Colorado. He developed a fever from bacteria that would not respond to medication. The infection spread and caused tremendous pressure in his skull.
Some of his brain was pushed into his spinal column, paralyzing him. He became a quadriplegic depending on a ventilator to breathe. Then, a couple of weeks later, he died.
There’s no reason to link Nahum’s case specifically to agricultural overuse, for antibiotic resistance has multiple causes that are difficult to unravel. Doctors overprescribe them. Patients misuse them. But looking at numbers, by far the biggest element of overuse is agriculture.
We would never think of trying to keep our children healthy by adding antibiotics to school water fountains, because we know this would breed antibiotic-resistant bacteria. It’s unconscionable that Big Ag does something similar for livestock.
Louise Slaughter, the only microbiologist in the United States House of Representatives, has been fighting a lonely battle to curb this practice — but industrial agricultural interests have always blocked her legislation.
“These statistics tell the tale of an industry that is rampantly misusing antibiotics in an attempt to cover up filthy, unsanitary living conditions among animals,” Slaughter said. “As they feed antibiotics to animals to keep them healthy, they are making our families sicker by spreading these deadly strains of bacteria.”
Vegetarians may think that they’re immune, but they’re not. E. coli originates in animals but can spill into water used to irrigate vegetables, contaminating them. The European E. coli outbreak apparently arose from bean sprouts grown on an organic farm in Germany.
One of the most common antibiotic-resistant pathogens is MRSA, which now kills more Americans annually than AIDS and adds hugely to America’s medical costs. MRSA has many variants, and one of the more benign forms now is widespread in hog barns and among people who deal with hogs. An article this year in a journal called Applied and Environmental Microbiology reported that MRSA was found in 70 percent of hogs on one farm.
Another scholarly journal reported that MRSA was found in 45 percent of employees working at hog farms. And the Centers for Disease Control reported this April that this strain of bacteria has now been found in a worker at a day care center in Iowa.
Other countries are moving to ban the feeding of antibiotics to livestock. But in the United States, the agribusiness lobby still has a hold on Congress.
The European outbreak should shake people up. “It points to the whole broken system,” notes Robert Martin of the Pew Environment Group.
We need more comprehensive inspections in the food system, more testing for additional strains of E. coli, and more public education (always wash your hands after touching raw meat, and don’t use the same cutting board for meat and vegetables). A great place to start reforms would be by banning the feeding of antibiotics to healthy livestock.
By: Nicholas D. Kristof, Op-Ed Columnist, The New York Times, June 11, 2011
Mitt Romney: The Anti-Jobs Candidate
My friend Peter Daou had an item the other day, noting the potency of the Republican presidential frontrunner’s message: “Romney is a threat because he can focus on a dead simple message: ‘I’m a successful businessman, I’ll create jobs and fix the economy.’”
That’s exactly right. Mitt Romney, at least this latest version of him, has an entire campaign rationale that fits comfortably into a tweet. Better yet, it’s a message that voters are eager to hear.
Ed Kilgore had a related piece on this the other day, summarizing the argument that Romney and his backers are likely to push aggressively: “Romney has an extensive corporate background, looks the part of a CEO, and without question, he would prefer an issues environment focused on anything other than health care reform or the cultural issues on which he’s never inspired trust among conservatives.”
Romney doesn’t want to talk about health care or the fact that he was a pro-choice moderate who supported gay rights and gun control. Indeed, he would just as soon hope people forget he was even a governor. This is Businessman Mitt, running as a less ridiculous version of Herman Cain.
Kilgore’s argument is that this message is simple and straightforward, but it probably won’t help him in a competitive Republican primary. That’s compelling, but my take is a little different: I think Romney’s biggest problem is that the message brings to the fore his key weaknesses — Romney’s record on jobs is atrocious.
Stephen Colbert devoted a terrific segment to this the other day, highlighting Romney’s “real claim to business fame,” which is “founding a private equity company called BainCapital.” The embed won’t fit the column length of the redesigned website, but here’s heart of Colbert’s take:
“You see, Romney made a Mittload of cash using what’s known as a leveraged buyout. He’d buy a company with ‘money borrowed against their assets, groomed them to be sold off and in the interim collect huge management fees.’ Once Mitt had control of the company, he’d cut frivolous spending like jobs, workers, employees, and jobs. Just like America’s sweetheart, Gordon Gecko. […]
“Because Mitt Romney knows just how to trim the fat. He rescued businesses like Dade Behring, Stage Stories, American Pad and Paper, and GS Industries, then his company sold them for a profit of $578 million after which all of those firms declared bankruptcy. Which sounds bad, but don’t worry, almost no one worked there anymore.
“Besides, a businessman can’t be weighed down with a bleeding heart, as one former Bain employee put it, ‘It was very clinical…. Like a doctor. When the patient is dead, you just move on to the next patient.’ See? Mitt Romney is like a doctor! [On screen: Dr. Kevorkian]”
And this is the part of Romney’s record he’s most proud of. Romney slashed American jobs as if his career depended on it — and it did.
Complicating matters, during Romney’s only service in public office, his state’s record on job creation was “one of the worst in the country.” Adding insult to injury, “By the end of his four years in office, Massachusetts had squeezed out a net gain in payroll jobs of just 1 percent, compared with job growth of 5.3 percent for the nation as a whole.”
How bad is Romney’s record? During his tenure, Massachusetts ranked 47th out of 50 states in jobs growth.
Yes, Romney has a simple message: “I’m a successful businessman, I’ll create jobs and fix the economy.” It also comes with an equally simple response: “Mitt Romney is the anti-jobs candidate.”
By: Steve Benen, Contributing Writer, Washington Monthly-Political Animal, June 12, 2011
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