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“Rendering Unions Toothless: Supreme Court Aligns Against The Have-Nots

Among the causes most frequently cited for the dizzying rise in American inequality in recent decades — globalization, technology, de-unionization — one culprit is generally left off the list: the Supreme Court. But the justices (more precisely, the conservative justices) must be given their due. In cases ranging from Buckley v. Valeo in 1976 to Citizens United v. Federal Election Commission in 2010, they have greatly increased the wealthy’s sway over elections — which, in turn, has led to public policies that have reduced taxes on the rich, curtailed regulation of Wall Street and kept workers from forming unions.

On Tuesday, the justices were presented with a golden opportunity to further increase inequality. The court heard arguments in Harris v. Quinn , a case testing whether home-care providers who work under a union contract with the state of Illinois can avoid paying dues that support the union’s collective-bargaining work. (Under the law, they already can decline to pay the share of dues that goes to the union’s political work.)

Home-care workers are hired by aging or disabled individuals and their families, some of whom are eligible to have the expense picked up by Medicaid. That arrangement means the home-care workers’ pay levels are set by the states — making both the state and the individual a worker’s employer of record.

Over the past two decades, an increasing number of states, acting as employers, have given home-care workers the right to vote on whether they wish to form a union. Home care costs states one-third the amount they spend for comparable care in nursing homes or long-term-care facilities. The wages won by those workers’ unions ensure less employee churn and better care, which is why disability advocacy groups such as the American Association of People With Disabilities have submitted amicus briefs in Harris supporting the union.

It’s no mystery why a majority of home-care workers in Illinois and many other states have voted to form unions. In 2012, the median hourly wage for direct-care workers hired out by agencies was $10.21. Such workers covered by union contracts in Illinois are paid $13 an hour and get health insurance. In Washington state, according to an American Federation of State, County & Municipal Employees official, the unionized workers make $14.34; in Oregon, $13; in California, $12.20.

The eight workers who brought the lawsuit the court heard Tuesday don’t want to pay dues to the union that won them their raises, though I’ve seen no reports suggesting they’ve volunteered to give back this additional money and forgo health insurance. In the 1977 case Abood v. Detroit Board of Education , the court ruled that members of public-sector unions were required to pay the portion of union dues that went toward bargaining and administering their contracts. Two years ago, however, an opinion by Justice Samuel A. Alito Jr., joined by the court’s four other Republican appointees, suggested that the court should reconsider Abood.

The effects of such a reconsideration could be far-reaching. If workers can benefit from contracts without paying even what it costs the unions to secure those contracts, those unions would suffer revenue declines that could render them toothless. Once their unions lost power, home-care givers — a group that is overwhelmingly female, disproportionately minority and almost universally poor — would be highly unlikely to get any more raises. Turnover rates within the care-provider workforce would surely rise.

Such a reconsideration could be of even greater consequence if Alito & Co. go further and rule that no member of a public-employee union should be required to pay the dues that go to securing his or her contract. With the decline of private-sector unions, ­public-employee unions have become the preeminent organizers of voter mobilization campaigns in working-class and minority communities, the leading advocates of immigration reform, the foremost lobby for raising the minimum wage and the all-around linchpin of the modern Democratic Party. A sweeping, party-line ruling by the five conservative justices in Harris could significantly damage the Democrats.

Whatever its effect on the nation’s partisan balance, a ruling that neuters the organizations that poor, working women have joined to win a few dollars an hour more would put a judicial seal of approval on the United States’ towering economic inequality. Well into the New Deal, the Supreme Court consistently overturned laws that enabled workers to win higher wages, helping to delay the advent of the middle-class majority that emerged after World War II. It now has the option to speed that middle class’s demise.

 

By: Harold Meyerson, Opinion Writer, The Washington Post, January 21, 2014

January 23, 2014 Posted by | Economic Inequality, Supreme Court, Union Busting | , , , , , , | 1 Comment

“Why Wendy Davis Terrifies The GOP”: Fighting For Women To Have Their Choice

The National Rifle Association didn’t just stop the effort to close the loopholes in background checks, even though that effort was supported by more than 8 in 10 Americans. It has crushed academic research on gun violence to the point that we don’t even know how many people commit suicide at gun ranges each year.

Some say the gun rights movement has learned from what happened to the tobacco industry, as decades of denial gave way to legislation that has increasingly diminished the ability of their product to be consumed in public.

But smoking tobacco laced with nicotine isn’t a Constitutional right, unlike the right to bear arms or a woman’s right to choose. If firearms advocates want to search for an example of effectively legislating away a right, they can look at what their allies in the anti-abortion rights movement have achieved.

Exactly 41 years after the Supreme Court ruled that a woman’s right to privacy via the “due process” clause of the Constitution gave her a limited right to end a pregnancy, 87 percent of counties in the United States lack an abortion provider. The right’s effort to use local and state control to enact laws and regulations make it impossible to provide the procedure in most of the country. And they’re far from done from trying to make abortion rights “a thing of the past,” as Governor Rick Perry vowed last year before signing legislation that will force dozens of clinics to close.

State Senator Wendy Davis (D-Fort Worth) rose to speak for 14 hours against laws that were clearly designed to close as many clinics as possible, making an abortion far more difficult to obtain, and then ban the procedure earlier than the Supreme Court had previously ruled was Constitutional.

Imagine if you couldn’t purchase a gun in 87 percent of the country. Imagine if nearly every day in some state a new piece of legislation was being considered that didn’t close gun shops but made it impossible for them to operate, forcing buyers into the black market. Gun owners may not mind that because buying a gun from a private individual is less of a hassle. But the industry, which finances the NRA, would never let that happen.

Despite what Republicans want you to believe, there is no “abortion industry.” We know this because an “industry” would never let the march against women’s rights proceed as rapidly as it has in the last few years.

Knowing that abortion is actually more common where it’s illegal, the right is pushing women into a black market that could cost them their health and their lives. The only hope women have is the courts, politicians and activists willing to stand up for the right to choose.

Wendy Davis did just that in a way that captured the country’s attention. It infuriated those against abortion rights who brand their opponents as murderers, or with the more stinging “infanticide.” And now that Davis is raising lots of money in her effort to become Texas’ governor, they’re seizing on every inconsistency in her story to shame her as a bad mother and craven opportunist.

Shaming women who attempt to exercise their right to have an abortion is an effective tactic. One of the women who went to Kermit Gosnell’s vile clinic, where actual crimes were committed, reported that she avoided the local Planned Parenthood because “the picketers out there, they scared me half to death.”

Even politically, Democrats have at times adopted the talking point that abortion should be “safe, legal and rare” because that’s what people say in polls that they want. In a CNN/ORC poll last May, 42 percent said abortion should be legal in few circumstances while 25 percent were in favor of “all,” 11 percent said “most” and 20 percent said “none.”

The “none” is the official opinion of the GOP in its party platform, even as Republicans oppose the family planning and sex education that are the best hopes for actually reducing unintended pregnancies. And the “none” position is winning, with just one vote on the Supreme Court threatening to end more than four decades of choice.

Wendy Davis is a threat to those who feel their position for “life” is on the march. She says, “I’m a mother who made the choice to keep my child and I will fight for you to have your choice.” Her life story and courage are inspiring and embolden others to speak out. She’s even redefining being “pro-life” in a way that holds conservatives responsible for the care of children after being born.

So Republicans must destroy her.

The anti-abortion movement — like the gun rights movement — sees any hope for its opponents as something to be destroyed before it can make actual progress.

One conservative said the recent attempts to undermine Davis’ life story remind him of Rush Limbaugh’s pyrrhic attack on Sandra Fluke. But they bear more resemblance to the way the right tried to undermine now-Senator Elizabeth Warren (D-MA), another singular voice from the left who enrages the right with fear.

Republicans kept trying to call her out for mistakenly saying she had Native American ancestry. But in the end all they did was reveal their own dizzying hate and the emptiness of their arguments.

 

By: Jason Sattler, The National Memo, January 22, 2014

January 23, 2014 Posted by | Abortion, Reproductive Rights, War On Women | , , , , , , | Leave a comment

“The Undeserving Rich”: Capitalism As Currently Constituted Is Undermining The Foundations Of Middle-Class Society

The reality of rising American inequality is stark. Since the late 1970s real wages for the bottom half of the work force have stagnated or fallen, while the incomes of the top 1 percent have nearly quadrupled (and the incomes of the top 0.1 percent have risen even more). While we can and should have a serious debate about what to do about this situation, the simple fact — American capitalism as currently constituted is undermining the foundations of middle-class society — shouldn’t be up for argument.

But it is, of course. Partly this reflects Upton Sinclair’s famous dictum: It is difficult to get a man to understand something when his salary depends on his not understanding it. But it also, I think, reflects distaste for the implications of the numbers, which seem almost like an open invitation to class warfare — or, if you prefer, a demonstration that class warfare is already underway, with the plutocrats on offense.

The result has been a determined campaign of statistical obfuscation. At its cruder end this campaign comes close to outright falsification; at its more sophisticated end it involves using fancy footwork to propagate what I think of as the myth of the deserving rich.

For an example of de facto falsification, one need look no further than a recent column by Bret Stephens of The Wall Street Journal, which first accused President Obama (wrongly) of making a factual error, then proceeded to assert that rising inequality was no big deal, because everyone has been making big gains. Why, incomes for the bottom fifth of the U.S. population have risen 186 percent since 1979!

If this sounds wrong to you, it should: that’s a nominal number, not corrected for inflation. You can find the inflation-corrected number in the same Census Bureau table; it shows incomes for the bottom fifth actually falling. Oh, and for the record, at the time of writing this elementary error had not been corrected on The Journal’s website.

O.K., that’s what crude obfuscation looks like. What about the fancier version?

I’ve noted before that conservatives seem fixated on the notion that poverty is basically the result of character problems among the poor. This may once have had a grain of truth to it, but for the past three decades and more the main obstacle facing the poor has been the lack of jobs paying decent wages. But the myth of the undeserving poor persists, and so does a counterpart myth, that of the deserving rich.

The story goes like this: America’s affluent are affluent because they made the right lifestyle choices. They got themselves good educations, they got and stayed married, and so on. Basically, affluence is a reward for adhering to the Victorian virtues.

What’s wrong with this story? Even on its own terms, it postulates opportunities that don’t exist. For example, how are children of the poor, or even the working class, supposed to get a good education in an era of declining support for and sharply rising tuition at public universities? Even social indicators like family stability are, to an important extent, economic phenomena: nothing takes a toll on family values like lack of employment opportunities.

But the main thing about this myth is that it misidentifies the winners from growing inequality. White-collar professionals, even if married to each other, are only doing O.K. The big winners are a much smaller group. The Occupy movement popularized the concept of the “1 percent,” which is a good shorthand for the rising elite, but if anything includes too many people: most of the gains of the top 1 percent have in fact gone to an even tinier elite, the top 0.1 percent.

And who are these lucky few? Mainly they’re executives of some kind, especially, although not only, in finance. You can argue about whether these people deserve to be paid so well, but one thing is clear: They didn’t get where they are simply by being prudent, clean and sober.

So how can the myth of the deserving rich be sustained? Mainly through a strategy of distortion by dilution. You almost never see apologists for inequality willing to talk about the 1 percent, let alone the really big winners. Instead, they talk about the top 20 percent, or at best the top 5 percent. These may sound like innocent choices, but they’re not, because they involve lumping in married lawyers with the wolves of Wall Street. The DiCaprio movie of that name, by the way, is wildly popular with finance types, who cheer on the title character — another clue to the realities of our new Gilded Age.

Again, I know that these realities make some people, not all of them hired guns for the plutocracy, uncomfortable, and they’d prefer to paint a different picture. But even if the facts have a well-known populist bias, they’re still the facts — and they must be faced.

 

By: Paul Krugman, Op-Ed Columnist, The New York Times, January 19, 2014

January 21, 2014 Posted by | Capitalism, Economic Inequality | , , , , , , , | 1 Comment

“The Anti-Establishment Establishment”: In The GOP, The “Kids” Have Stopped Listening And The “Adults” Are No Longer In Control

To those of us who are perpetually skeptical of the alleged power of the incredibly “adult” and deeply “responsible” Republican Establishment to keep the “constitutional conservatives” in line, a Timothy Carney piece in the Washington Examiner earlier this week was especially interesting. It argued that the ability of said Establishment to kick ass and take names in Congress was being sharply eroded by the loss of a monopoly over money and jobs in Washington:

Cold cash, together with control of institutions, is what makes the Establishment the Establishment. But in the current Republican civil war, the insurgents have secured their own money pipelines, and they control their own institutions – which means the GOP leadership and its allies in the business lobby have a hard fight in front of them.

The firing and hiring of conservative staffer Paul Teller makes it clear that the anti-establishment has built its own establishment.

Teller was a House staffer for more than a decade, and was longtime executive director of the conservative Republican Study Committee. The RSC always exerted a rightward pull on party leadership, but it is nonetheless a subsidiary of the party.

After the 2012 election, the Republican Establishment captured the RSC, in effect, by getting Congressman Steve Scalise elected chairman. Scalise is a conservative, but he is also a close ally of the party leadership – much more so than his predecessors Jim Jordan and Tom Price. Scalise immediately swept out most of the RSC staff.

Last month, Teller was accused of working with outside groups such as Heritage Action to whip RSC members – and Scalise showed Teller the door.

In the old days, this might have been a disaster for Teller. He had lost his job and landed on the wrong side of the party leadership. Anyone who picked up Teller would be spitting in the eye of the Establishment. But this week, Sen. Ted Cruz announced he had hired Teller as deputy chief of staff.

Carney goes on to discuss the rapid rise of alternative sources for campaign money like the Club for Growth and Super-PACs, and the conquest of one important Beltway institution, the Heritage Foundation, by people openly hostile to The Establishment.

Now when you add in the already virtually complete control by hard-core conservatives of basic formulations of GOP ideology and messaging (the best example remains Jim DeMint’s Cut, Cap and Balance Pledge, an insanely radical piece of fiscal flimflammery that a long line of Republicans, from Mitt Romney on down, lined up to sign in 2011 and 2012) and the disproportionate strength of conservative activists in the presidential nominating process, it’s increasingly clear the “adults” are not necessarily in control. Indeed, like parents who try to behave like a kid to maintain some influence with their kids, Establishment folk are forever conceding territory to the “activists” they privately call crazy people. And the loss of its monopoly over jobs and money is like a parent’s loss of a teenager’s car keys and allowance. At some point, “the kids” just stop listening.

 

By: Ed Kilgore, Contributing Writer, Washington Monthly Political Animal, January 16, 2014

January 20, 2014 Posted by | GOP, Republicans | , , , , , , | Leave a comment

“The Psyche Of An Uninformed Conservative”: Rand Paul Needs To Stop Writing A Revisionist History Of Civil Rights

I understand that a revisionist history of the civil rights movement is of great psychological importance to some conservatives. We’ll probably hear a lot more of it on Monday in conjunction with a MLK Holiday many of their forebears opposed.

But Rand Paul’s forays into this area are just plain ill-advised. Last April he gave a speech at Howard University that pursued the ridiculous theory that the New Deal was essentially a complement to Jim Crow in its “enslavement” of African-Americans to the terrible indignity of material living assistance. And now we have this, via WaPo’s Aaron Blake:

Sen. Rand Paul (R-Ky.), in an interview Thursday, likened President Obama’s governing philosophy to the kind of “majority rule” that led to Jim Crow laws and Japanese internment camps.

Speaking on Fox News, Paul reacted to Obama’s repeated assertions that Republicans should win elections if they want to control the agenda in Washington. Obama has also suggested in recent days that he might pursue more executive actions — changes made without Congress.

“The danger to majority rule — to him sort of thinking, well, the majority voted for me, now I’m the majority, I can do whatever I want, and that there are no rules that restrain me — that’s what gave us Jim Crow,” Paul said. “That’s what gave us the internment of the Japanese — that the majority said you don’t have individual rights, and individual rights don’t come from your creator, and they’re not guaranteed by the Constitution. It’s just whatever the majority wants.”

Paul added: “There’s a real danger to that viewpoint, but it’s consistent with the progressive viewpoint. … Progressives believe in majority rule, not constitutional rule.”

Don’t be confused with the conflation of the Japanese interment outrage—a temporary product of wartime hysteria which no one at the time regarded as “progressive”—with Jim Crow. The original Constitution which Paul and his followers worship certainly didn’t concern itself with the rights of racial minorities. It took the most egregious exercise of “majority rule” in U.S. history—the Civil War—to abolish slavery. Only a majority given extraordinary power by the self-exclusion of southerners was in a position to pass the 13th, 14th and 15th amendments to the Constitution, the most important efforts taken until 1964 to vindicate the rights of racial minorities. It was a failure of will by the majority that led to the abandonment of Reconstruction and the establishment of the Jim Crow regime. And it was the power of the minority in the Senate (and by the 1930s or so, the minority in the Democratic Party) to thwart majority rule via the filibuster that kept Jim Crow in place for so very long.

And BTW, it’s conservatives, far more than progressives, who perpetually chafe at judicial enforcement of individual rights, unless it happens to coincide with their own policy goals. But in any event, Paul and others like him really need to stop trying to invoke the legacy of the Civil Rights movement to attack “majority rule” on behalf of a “constitutional conservatism” aimed at creating a oligarchical or even theocratic dictatorship of absolute private property rights and puny government. The “minorities” they want to protect are snowy white and very privileged.

 

By: Ed Kilgore, Contributing Writer, Washington Monthly Political Animal, January 17, 2014

January 19, 2014 Posted by | Civil Rights, Rand Paul | , , , , , , , | Leave a comment