Make America Great Again.
Stop Trump’s Congressional Enablers.
Vote November 6!
Make America Great Again.
Stop Trump’s Congressional Enablers.
Vote November 6!
Make America Honest Again!
No More Fake News Conspiracy Theories.
STOP Incitement Industry.
Make American Citizenship a Birthright!
Born in the USA
Keep America Great Now and in the Future.
Make America Family-friendly Again!
Where are the cameras now? Decline in news coverage.
Migrant children still separated from families!
Make America Honest Again!
Are good , decent people of America’s heartland being threatened by immigrants, foreigners and other outsiders?
NO, this is Trumpist propaganda!
Make America Trusted Again!
“They will know you by your friends.”
Russia, Saudi Arabia, North Korea, etc?
Make America a Destination Again
“Give us your tired, Give me your tired, your poor, Your huddled masses yearning to breathe free, The wretched refuse of your teeming shore.”
Statue of Liberty.
Make America One Again!
E Pluribus Unum
It’s been barely six months since Mark Zuckerberg appeared before Congress and promised lawmakers and the American public that he and Facebook, the company he founded and leads today, would do better. “This episode has clearly hurt us,” Mr. Zuckerberg said. “We have to do a lot of work about building trust back.”
The episode he was referring to was the revelation in March that Cambridge Analytica, a political consulting firm connected to the Trump campaign, had harvested the sensitive data of as many as 87 million Facebook users without their explicit permission. That scandal rocked Facebook, sending the company’s stock price spiraling. Mr. Zuckerberg himself lost nearly $11 billion.
Since Mr. Zuckerberg’s testimony, lawmakers have done little to nothing to better regulate technology platforms like Facebook and hold them more accountable for suspect practices. But there’s also little evidence that Facebook, and Mr. Zuckerberg, has taken his pledge to Congress as seriously as once hoped either: Facebook announced late last month the biggest data breach in its history, affecting nearly 50 million user accounts. In the same week, the news site Gizmodo published an investigation that found Facebook gave advertisers contact information harvested from the address books on their users’ cellphones.
Equally worrisome from Gizmodo’s report: Facebook is also giving advertisers phone numbers that users have provided solely for security reasons. Security experts generally advise users to add two-factor authentication to their accounts, which sometimes takes the form of providing a phone number to receive text messages containing log-in codes. It’s ironic — two-factor authentication is supposed to better safeguard privacy and security, but these phone numbers are wWhile the Cambridge Analytica scandal engulfed Facebook in a firestorm of controversy, this time the company effectively got a free pass from a nation fixated on Brett Kavanaugh and his turbulent Supreme Court confirmation. Still, with consequential midterms less than a month away, this latest string of Facebook privacy failures is a discouraging reminder of how much potential there is for things to go terribly wrong — again — during those elections. It’s not just about user privacy, it’s a sign of how well Facebook is poised to handle sophisticated foreign disinformation campaigns, and where its priorities lie.
The seriousness of Facebook’s most recent data breach ranks it among one of the most egregious in the history of Silicon Valley. A weakness in Facebook’s code allowed hackers to gain access into other people’s accounts, and potentially control not only the Facebook profiles but any services that those users logged into using Facebook — Instagram, Spotify and Tinder, for example.
The breach originated from three bugs in Facebook’s code. At least one was introduced over a year ago; it’s still not clear when the other two became part of the code. Information security is a difficult problem: A company might do the right thing every time and still be successfully attacked. But one of the reasons Facebook’s breach is so concerning is the company’s footprint in the lives of so many people — 2.2 billion and counting. Facebook has sought to find ways into as many aspects of people’s lives as possible, becoming the recipient of a glut of data and the implicit trust of its users. The company has been careless with that trust — and is still being careless.
Speaking before Congress and in other public statements, Mr. Zuckerberg has been upfront about being caught unaware of the influence his company can have in ordinary people’s lives, whether that influence is in determining election outcomes or sparking real-life violence in places like Sri Lanka and Libya. And perhaps nobody fully understands that power — academics and experts are still piecing together the puzzle of how advertising systems honed on personal information can enable foreign propaganda campaigns, and to what extent this phenomenon affects democratic elections. It may be a long time before it all becomes clear. (In the meantime, falsehoods about Judge Kavanaugh’s accuser Christine Blasey Ford are going viral on Facebook). In response to such concerns, Facebook has set up a “war room” in its headquarters to monitor potential foreign influence campaigns during elections, winding up in the hands of advertisers.
But the latest disclosures are far from reassuring. In late September, the war room was still under construction. With less than a month to go before the American midterms, is Facebook really ready for its next big test?
(NYTImes editorial, 10/7/18)
P.S. I will be taking a fall break and will blog again on Wednesday, 10/17)
WASHINGTON — Sundar Pichai, Google’s chief executive, toured the nation’s capital this week trying to assuage concerns from both parties about the company’s size and influence, and whether its search results have political bias.
Mr. Pichai, who had largely avoided meeting with lawmakers, will be coming back.
Representative Kevin McCarthy of California, who organized a meeting with Mr. Pichai on Friday, said he expected him to attend a congressional hearing later this year. The hearing will address questions of political bias, as well as Google’s potential plans to re-enter the Chinese market, said Mr. McCarthy, the House majority leader.
Mr. Pichai confirmed in a statement that he would testify in “due course.”
In addition, he has agreed to participate in a discussion with other tech industry leaders and President Trump, said Larry Kudlow, the director of the National Economic Council.
Google had declined to send Mr. Pichai to testify this month at a Senate Intelligence Committee hearing about foreign manipulation of social media. The absence upset many lawmakers, leading to his visit this week.
Mr. McCarthy has been one of the most vocal critics of Google, raising accusations that the search engine purposely suppresses conservative views in its results. He has accused Twitter and Facebook of similar bias, joined by other Republican lawmakers who point to the liberal leanings of Silicon Valley as motivation to skew the discovery of information.
The meeting on Friday with Mr. Pichai, which Mr. McCarthy and eight other Republican lawmakers attended, seemed to smooth over relations. But suspicions of political bias remained.
“I see a hearing right now looking at bias, looking at all the issues we talked about, from privacy to China,” Mr. McCarthy said after the meeting. He does not expect the hearing to focus on antitrust concerns and whether Google should be broken up, he added.
After avoiding much of the scrutiny heaped upon its internet rivals over the last year, Google has been thrust into the harsh spotlight in recent weeks. Conservatives have accused the company of using its dominance of online search to provide results slanted against Republicans — a charge the company denies.
Mr. Pichai’s no-show at the hearing this month — captured by images of an empty seat alongside executives from Facebook and Twitter — added to the rancor. Leaks of employee emails discussing ways to counter President Trump’s immigration policy, and video of a companywide meeting that showed executives lamenting his election victory, have also fueled the allegations of bias.
Mr. McCarthy said Mr. Pichai had explained how search worked and how Google’s algorithm, which the company keeps secret, changes over time. In the past, Google has said political ideology is not a factor in any aspect of its search results. It does not, according to the company, collect information about whether a user is conservative or liberal, or categorize web pages by political leanings.
On Thursday and Friday, Mr. Pichai also had meetings with Democratic lawmakers, including one with Representative Nancy Pelosi of California, the minority leader.
Mr. Pichai, in the statement, said the discussions over the two days “with a wide range of congressional leaders were constructive and informative.”
Cecilia Kang reported from Washington, and Daisuke Wakabayashi from San Francisco. (NYTImes,9/19/18)
The Trump administration argues that imposing work requirements for Medicaid is an incentive that can help lift people out of poverty. But a test program in Arkansas shows how hard it is merely to inform people about new incentives, let alone get them to act.
In the first month that it was possible for people to lose coverage for failing to comply, more than 4,300 people were kicked out of the program for the rest of the year. Thousands more are on track to lose health benefits in the coming months. You lose coverage if you fail to report three times, and the program, in effect for three months, is slowly phasing in more people.
Arkansas is the first state to test a work requirement, a policy that the administration has encouraged, and that several other states are hoping to copy. The demonstration project is testing whether a work requirement can help encourage more low-income people to work, volunteer or go to school and improve their financial prospects.
The early results suggest that the incentives may not work the way officials had hoped. Arkansas officials, trying to minimize coverage losses, effectively exempted two-thirds of the eligible people from having to report work hours.
Of the remaining third — about 20,000 people — 16,000 didn’t report qualifying activities to the state. Only 1,200 people, about 2 percent of those eligible for the requirement, told the state they had done enough of the required activities in August, according to state figures.
Seema Verma, the administrator of the Centers for Medicare and Medicaid Services, which approved the project, offered an enthusiastic assessment of the results so far. “I’m excited by the partnerships that Arkansas has fostered to connect Medicaid beneficiaries to work and educational opportunities,” she wrote on Twitter. (Her office declined to offer any further statements on the Arkansas experience.)
Advocates for the poor, and the state officials in charge of the program, said the low compliance numbers suggested that many eligible people probably didn’t know the program existed. State officials said they worked hard to get the word out — mailing letters, sending emails, placing phone calls, briefing medical providers, putting posts on social media sites and distributing fliers where Medicaid patients might find them.
“I was literally taking fliers to the urgent care clinic when I was taking my kids to get tested for strep,” said Amy Webb, the chief communications and community engagement officer for the Arkansas Department of Human Services. “If there’s something we are not doing to reach people, if someone will tell us how to do that, we will do it.”
But it seems that not everyone opened or read their mail. Ray Hanley, the president of the Arkansas Foundation for Medical Care, which ran a call center for the state, told my colleague Robert Pear that many people never answered their phones. The state said the open rate on emails was between 20 and 30 percent.
It’s harder to measure how many people opened paper mail, but the state noted in its recent report that it knows that thousands of people in the program either move away from their recorded address or fail to answer other mail from the state. Housing instability and moves are more common among low-income Americans.
Jessica Greene, a professor of health policy at Baruch College in New York, visited three Arkansas counties last month and interviewed 18 Medicaid beneficiaries. Twelve of them were unaware of the work requirement, according to an article she published on the website of the journal Health Affairs.
That may not be entirely surprising. “I ignore mailings and calls from my health insurer — I get them all the time,” said Eliot Fishman, a senior director of health policy at Families USA, a consumer advocacy group.
Mr. Fishman oversaw Medicaid demonstration projects in the Obama administration. He said he learned that it was challenging to use health insurance as a vehicle to shape behavior, because most people don’t read the fine print of their health benefits.
Under Mr. Fishman’s watch, Indiana tested a program to get beneficiaries to take more responsibility for their health. Medicaid patients who made small monthly payments in special accounts, got a checkup or did other activities could earn more generous benefits. Ms. Verma, then a consultant, helped the state devise that program. In an evaluation, it turned out that only a minority of eligible people understood that the accounts existed.
Joan Alker, the executive director of the Georgetown Center for Children and Families, who opposes work requirements for Medicaid, said the state could have done more to get the word out — if it had been willing to spend more.
The Obama administration spent millions on advertising and in-person help when it rolled out Obamacare’s coverage expansion in 2014. Even then, it took several years before the uninsured rate among poor Americans stopped dropping. “You cannot have an incentive strategy that is allegedly designed to change people’s behavior if people are not aware of it,” she said.
The challenge goes beyond getting the message out. The state requires those eligible for the work requirement to report their work hours every month, and only online. Arkansas has one of the lowest rates of internet penetration in the country; estimates from the Urban Institute suggest that more than a quarter of eligible families are not online.
Advocates for the poor describe the state’s website as confusing to navigate, especially for people with limited computer skills and overall literacy. (Click on the site yourself and see if you can figure out how to report work hours.) The state has tried workarounds — like offering computer terminals in county offices, and training volunteers to help people log their hours.
But evidence from a range of social programs — including Medicaid — has repeatedly demonstrated that administrative hurdles can cause eligible people to lose benefits.
As the program is expanded to more people, awareness and compliance may spread over time. But the early results could mean the end of the program before we know for sure. A lawsuit challenging the work requirement will be reviewed soon by a federal judge who already knocked down a similar work rule in Kentucky. In that case, the judge, James Boasberg, said Kentucky had been insufficiently concerned about the people who might lose coverage because of the requirement. In Kentucky, those losses were theoretical. In Arkansas, they’re already real.
Margot Sanger-Katz is a domestic correspondent and writes about health care for The Upshot. She was previously a reporter at National Journal and The Concord Monitor and an editor at Legal Affairs and the Yale Alumni Magazine. @sangerkatz • Facebook
For consumers who are blind or have low vision, a shopping trip can be rife with challenges. More than 8 million Americans reportedly have a vision impairment, but they can’t count on store staff to offer assistance or stores to have clutter-free aisles or easy-to-navigate layouts. Just entering or exiting some businesses can be difficult.
Now some tech companies are developing products to make shopping less of an ordeal for customers with blindness or low vision. A San Diego startup called Aira (Artificial Intelligence and Remote Assistance) has launched an app that allows people with vision impairment to connect with trained professionals who remotely provide visual assistance, and is partnering with retail stores and other businesses to integrate the technology.
Suman Kanuganti got the idea for Aira in 2015, after speaking to a blind communications professional about how Google Glass technology could be used to help the blind become more mobile. Aira has described the app as “OnStar for the blind.”
How it works: When users download the Aira app, they’re linked to an operator who accesses their smartphone camera to view their surroundings. (Users pay a monthly subscription fee and can also subscribe to a plan that comes with smart glasses and a camera accessible to Aira operators.)
At the grocery store chain Wegmans, for instance, which recently began offering Aira services at all its stores, blind and low-vision shoppers can activate the Aira app to connect them with professionals who help them move around the store, find what they want, and direct them to the shortest checkout lines. By speaking with these customers on the phone, the agents essentially act as a second pair of eyes for them.
Aira is available in some restaurants, college campuses, and airports, and is branching out to other places like AT&T stores. During a time when discussions about inclusion in retail have often focused on size, gender, or race, the emergence of technology like Aira underscores the importance of challenging ableism by making shopping more accessible for people with physical impairments.
The online Global Education Conference began on Monday, September 17. Please join in throughout the week.
When Joe Barton, a Republican congressman from Texas, greeted Jack Dorsey at a congressional hearing last week, he sounded flummoxed.
“I don’t know what a Twitter C.E.O. should look like,” Mr. Barton said. “But you don’t look like what a C.E.O. of Twitter should look like.”
The congressman had a point. Mr. Dorsey — who sported a nose ring, a popped-collar shirt and a craggy Moses beard — looked more like a hipster version of a Civil War officer than a tech icon. Yet more striking than his look was his manner before skeptical lawmakers.
Faced with tough questions, Mr. Dorsey did not mount an aggressive defense of his company and his technology, as an earlier generation of tech leader might have. Instead, he demurred, conceded mistakes and generally engaged in a nuanced and seemingly heartfelt colloquy on the difficulties of managing tech in a complex world. Even in response to Mr. Barton’s comment about his look, Mr. Dorsey was solicitous. “My mom agrees with you,” he said.
(Excerpted from NY Times, 9/13/18)
The online Global Education Conference begins on Monday, September 17, please join in throughout the week.
Research shows that students, especially boys, benefit when teachers share their race or gender. Yet most teachers are white women.
Sept. 10, 2018
Zara Gibbon helps a new sixth grader at Animo Westside Charter Middle School in Los Angeles. A majority of teachers in American schools are white women.
As students have returned to school, they have been greeted by teachers who, more likely than not, are white women. That means many students will be continuing to see teachers who are a different gender than they are, and a different skin color.
Does it matter? Yes, according to a significant body of research: Students tend to benefit from having teachers who look like them, especially nonwhite students.
The homogeneity of teachers is probably one of the contributors, the research suggests, to the stubborn gender and race gaps in student achievement: Over all, girls outperform boys, and white students outperform those who are black and Hispanic.
Yet the teacher work force is becoming more female: 77 percent of teachers in public and private elementary and high schools are women, up from 71 percent three decades ago. The teaching force has grown more racially diverse in that period, but it’s still 80 percent white, down from 87 percent.
(Excerpted from NY Times, 9 /11/18)
Is the public library obsolete?
A lot of powerful forces in society seem to think so. In recent years, declines in the circulation of bound books in some parts of the country have led prominent critics to argue that libraries are no longer serving their historical function. Countless elected officials insist that in the 21st century — when so many books are digitized, so much public culture exists online and so often people interact virtually — libraries no longer need the support they once commanded.
Libraries are already starved for resources. In some cities, even affluent ones like Atlanta, entire branches are being shut down. In San Jose, Calif., just down the road from Facebook, Google and Apple, the public library budget is so tight that users with overdue fees above $10 aren’t allowed to borrow books or use computers.
But the problem that libraries face today isn’t irrelevance. Indeed, in New York and many other cities, library circulation, program attendance and average hours spent visiting are up. The real problem that libraries face is that so many people are using them, and for such a wide variety of purposes, that library systems and their employees are overwhelmed. According to a 2016 survey conducted by the Pew Research Center, about half of all Americans ages 16 and over used a public library in the past year, and two-thirds say that closing their local branch would have a “major impact on their community.”
Libraries are being disparaged and neglected at precisely the moment when they are most valued and necessary. Why the disconnect? In part it’s because the founding principle of the public library — that all people deserve free, open access to our shared culture and heritage — is out of sync with the market logic that dominates our world. But it’s also because so few influential people understand the expansive role that libraries play in modern communities.
Libraries are an example of what I call “social infrastructure”: the physical spaces and organizations that shape the way people interact. Libraries don’t just provide free access to books and other cultural materials, they also offer things like companionship for older adults, de facto child care for busy parents, language instruction for immigrants and welcoming public spaces for the poor, the homeless and young people.
I recently spent a year doing ethnographic research in libraries in New York City. Again and again, I was reminded how essential libraries are, not only for a neighborhood’s vitality but also for helping to address all manner of personal problems.
For older people, especially widows, widowers and those who live alone, libraries are places for culture and company, through book clubs, movie nights, sewing circles and classes in art, current events and computing. For many, the library is the main place they interact with people from other generations.
For children and teenagers, libraries help instill an ethic of responsibility, to themselves and to their neighbors, by teaching them what it means to borrow and take care of something public, and to return it so others can have it too. For new parents, grandparents and caretakers who feel overwhelmed when watching an infant or a toddler by themselves, libraries are a godsend.
In many neighborhoods, particularly those where young people aren’t hyper-scheduled in formal after-school programs, libraries are highly popular among adolescents and teenagers who want to spend time with other people their age. One reason is that they’re open, accessible and free. Another is that the library staff members welcome them; in many branches, they even assign areas for teenagers to be with one another
To appreciate why this matters, compare the social space of the library with the social space of commercial establishments like Starbucks or McDonald’s. These are valuable parts of the social infrastructure, but not everyone can afford to frequent them, and not all paying customers are welcome to stay for long.
Older and poor people will often avoid Starbucks altogether, because the fare is too expensive and they feel that they don’t belong. The elderly library patrons I got to know in New York told me that they feel even less welcome in the trendy new coffee shops, bars and restaurants that are so common in the city’s gentrifying neighborhoods. Poor and homeless library patrons don’t even consider entering these places. They know from experience that simply standing outside a high-end eatery can prompt managers to call the police. But you rarely see a police officer in a library.
This is not to say that libraries are always peaceful and serene. During the time I spent doing research, I witnessed a handful of heated disputes, physical altercations and other uncomfortable situations, sometimes involving people who appeared to be mentally ill or under the influence of drugs. But such problems are inevitable in a public institution that’s dedicated to open access, especially when drug clinics, homeless shelters and food banks routinely turn away — and often refer to the library! — those who most need help. What’s remarkable is how rarely these disruptions happen, how civilly they are managed and how quickly a library regains its rhythm afterward.
The openness and diversity that flourish in neighborhood libraries were once a hallmark of urban culture. But that has changed. Though American cities are growing more ethnically, racially and culturally diverse, they too often remain divided and unequal, with some neighborhoods cutting themselves off from difference — sometimes intentionally, sometimes just by dint of rising costs — particularly when it comes to race and social class.
Libraries are the kinds of places where people with different backgrounds, passions and interests can take part in a living democratic culture. They are the kinds of places where the public, private and philanthropic sectors can work together to reach for something higher than the bottom line.
This summer, Forbes magazine published an article arguing that libraries no longer served a purpose and did not deserve public support. The author, an economist, suggested that Amazon replace libraries with its own retail outlets, and claimed that most Americans would prefer a free-market option. The public response — from librarians especially, but also public officials and ordinary citizens — was so overwhelmingly negative that Forbes deleted the article from its website.
We should take heed. Today, as cities and suburbs continue to reinvent themselves, and as cynics claim that government has nothing good to contribute to that process, it’s important that institutions like libraries get the recognition they deserve. It’s worth noting that “liber,” the Latin root of the word “library,” means both “book” and “free.” Libraries stand for and exemplify something that needs defending: the public institutions that — even in an age of atomization, polarization and inequality — serve as the bedrock of civil society.
If we have any chance of rebuilding a better society, social infrastructure like the library is precisely what we need. (NY Times, 8/9/18)
WHITEHOUSE REVEALS KAVANAUGH’S PRO-CORPORATE, RIGHT-WING RECORD IN SCOTUS HEARING OPENER
Judge Kavanaugh advances right-wing and corporate interests 91 percent of the time Kavanaugh sided with conservative “friends of the court” 91 percent of the time
Washington, DC – At today’s Senate Judiciary Committee hearing for Supreme Court nominee Brett Kavanaugh, Senator Sheldon Whitehouse (D-RI) pinpointed Kavanaugh’s troubling bias in favor of right-wing and corporate interests throughout his career in Republican politics and on the federal bench, and compared Kavanaugh’s partiality to the same bias that has taken root in Chief Justice John Roberts’s Supreme Court.
Senator Whitehouse’s as-prepared remarks are below.
Whitehouse also released analysis, incorporated into his opening remarks, of recent Supreme Court jurisprudence and Kavanaugh’s judicial record. Summaries and links to the full analysis are provided below.
A review of the Supreme Court’s jurisprudence during the Roberts Era reveals that in the most controversial and salient civil cases – those decided by bare 5-4 or 5-3 majorities – when the right wing of the Court has voted en bloc to form the majority, they do so to advance far-right and corporate interests a striking 92 percent of the time. In those cases, the “Roberts Five” – Chief Justice John Roberts, Justice Samuel Alito, Justice Clarence Thomas, Justice Anthony Kennedy, and Justice Antonin Scalia (replaced last year by Justice Neil Gorsuch) – have reliably voted in lockstep to help Republicans win elections, to protect corporations from liability, to abridge civil rights, and to advance the far right social agenda.
A review of Brett Kavanaugh’s jurisprudence on the D.C. Circuit reveals that in the most controversial and salient civil cases – those decided by bare 2-1 majorities – when Kavanaugh is in the majority with another Republican-appointed judge, he votes to advance far-right and corporate interests a striking 91 percent of the time.
An examination of the Roberts Court’s 5-4 decisions reveals that, when the Roberts Five (Chief Justice Roberts, Justice Alito, Justice Kennedy, Justice Scalia/Gorsuch, and Justice Thomas) forms the Court’s majority, they agree with conservative amici curiae (“friends of the court”) 92 percent of the time. Further, in these cases, the Roberts Five has endorsed the positions advanced by the high-profile conservative groups the Chamber of Commerce, the Criminal Justice Legal Foundation, and the Washington Legal Foundation 100 percent of the time. In its 5-4 decisions, the Roberts Five have opened up the doors for dark money to flood the political system, rolled back important voting rights and environmental protections, and made it easier for employers to discriminate against their employees.
An examination of District of Columbia Court of Appeals Judge Brett Kavanaugh’s written opinions reveals that he sided with conservative amici curiae (“friends of the court”) 91 percent of the time. In these cases, Kavanaugh wrote opinions limiting collective bargaining rights, letting polluters pollute, blurring the line between the separation of church and state, protecting corporations from liability, and expanding the scope of the Second Amendment.
Before beginning his remarks, Whitehouse joined colleagues in calling out the Trump administration’s dubious assertion of privilege over 100,000 pages of documents related to Kavanaugh, and the eleventh-hour dump of an additional 42,000 pages of documents from Kavanaugh’s work in the Bush administration – documents Democrats had no hope of reviewing fully before Kavanaugh’s hearing began.
Senator Sheldon Whitehouse’s Complete Statemeny
Kavanaugh Confirmation Hearing Opening Statement
September 4, 2018 – AS-PREPARED FOR DELIVERY
When is a pattern evidence of bias?
In court, pattern is evidence of bias all the time; evidence on which juries and trial judges rely, to show discriminatory intent, to show a common scheme, to show bias.
When does a pattern prove bias?
That’s no idle question. It’s relevant to the pattern of the Roberts Court when its Republican majority goes off on its partisan excursions through the civil law; when all five Republican appointees — the Roberts Five, I’ll call them — go raiding off together, and no Democratic appointee joins them.
Does this happen often? Yes, indeed.
The Roberts Five has gone on 80 of these partisan excursions since Roberts became chief.
There is a feature to these eighty cases. They almost all implicate interests important to the big funders and influencers of the Republican Party. When the Republican Justices go off on these partisan excursions, there’s a big Republican corporate or partisan interest involved 92 percent of the time.
A tiny handful of these cases don’t implicate an interest of the big Republican influencers — so flukishly few we can set them aside. That leaves 73 cases that all implicate a major Republican Party interest. Seventy-three is a lot of cases at the Supreme Court.
Is there a pattern to those 73 cases? Oh, yes there is.
Every time a big Republican corporate or partisan interest is involved, the big Republican interest wins. Every. Time.
Let me repeat: In seventy-three partisan decisions where there’s a big Republican interest at stake, the big Republican interest wins. Every. Damned. Time.
Hence the mad scramble of big Republican interest groups to protect a “Roberts Five” that will reliably give them wins — really big wins, sometimes.
When the Roberts Five saddles up, these so-called conservatives are anything but judicially conservative.
They readily overturn precedent, toss out statutes passed by wide bipartisan margins, and decide on broad constitutional issues they need not reach. Modesty, originalism, stare decisis, all these supposedly conservative judicial principles, all have the hoof prints of the Roberts Five all across their backs, wherever those principles got in the way of wins for the Big Republican interests.
The litany of Roberts Five decisions explains why big Republican interests want Kavanaugh on the Court so badly that Republicans trampled so much Senate precedent to shove him through; so let’s review the litany.
What do big Republican interests want? Well, first, they want to win elections.
What has the Roberts Five delivered?
Help Republicans gerrymander elections: Vieth v. Jubelirer, 5-4, license to gerrymander.
Help Republicans keep minority voters away from the polls: Shelby County, 5-4 and Bartlett v. Strickland, 5-4. And Abbott v. Perez, 5-4, despite the trial judge finding the Texas legislature actually intended to suppress minority voters.
And the big one: help corporate front-group money flood elections — if you’re a big special interest you love unlimited power to buy elections and threaten and bully Congress. McCutcheon, 5-4 counting the concurrence; Bullock, 5-4; and the infamous, grotesque 5-4 Citizens United decision (which belongs beside Lochner on the Court’s roll of shame).
What else do the big influencers want?
To get out of courtrooms. Big influencers hate courtrooms, because their lobbying and electioneering and threatening doesn’t work. In a courtroom, big influencers used to getting their way have to suffer the indignity of equal treatment.
So the Roberts Five protects corporations from group “class action” lawsuits: Walmart v. Dukes, 5-4; Comcast, 5-4; and this past term, Epic Systems, 5-4.
The Roberts Five helps corporations steer customers and workers away from courtrooms and into mandatory arbitration: Concepcion, Italian Colors, and Rent-a-Center, all Roberts Five. Epic Systems does double duty here: now workers can’t even arbitrate their claims as a group.
Hindering access to the courthouse for plaintiffs generally: Iqbal, 5-4.
Protecting corporations from being taken to court by employees harmed through pay discrimination, Ledbetter, 5-4; age discrimination, Gross, 5-4; harassment, Vance 5-4; and retaliation, Nassar, 5-4. Even insulating corporations from liability for international human rights violations: Jesner, 5-4.
Corporations aren’t in the Constitution; juries are. Indeed, courtroom juries are the one element of American government designed to protect people against encroachments by private wealth and power. So of course the Roberts Five rule for wealthy, powerful corporations over jury rights every time — with nary a mention of the Seventh Amendment.
What’s another one? Oh, yes. A classic: helping big business bust unions. Harris v. Quinn, 5-4; and Janus v. AFSCME this year, 5-4, overturning a 40-year precedent.
Lots of big Republican influencers are polluters. They like to pollute for free.
So of course the Roberts Five delivers decisions that let corporate polluters pollute. To pick a few: Rapanos, weakening wetland protections, 5-4; National Association of Home Builders, weakening protections for endangered species, 5-4; Michigan v. EPA, helping air polluters, 5-4; and, in the face of emerging climate havoc, there’s the procedurally aberrant 5-4 partisan decision to stop the EPA Clean Power Plan.
Then come Roberts Five bonus decisions advancing a far-right social agenda: Gonzalez v. Carhart, upholding restrictive abortion laws; Hobby Lobby, granting corporations religious rights over the health care rights of employees; NIFLA, letting states deny women truthful information about their reproductive choices—all 5-4, all the Republicans.
Add Heller and McDonald, which reanimated for the gun industry a theory a former Chief Justice once called a “fraud”; both decisions 5-4.
This year, Trump v. Hawaii, 5-4, rubber stamping President Trump’s discriminatory Muslim travel ban.
And in case Wall Street was feeling left out, helping insulate investment bankers from fraud claims: Janus Capital Group, Inc., 5-4.
No wonder the American people feel the game is rigged.
Here’s how the rigged game works: big business and partisan groups fund the Federalist Society, which picked Gorsuch and now Kavanaugh. As White House Counsel admitted, they “insourced” the Federalist Society for this selection. Exactly how the nominees were picked, and who was in the room where it happened, and who had a vote or a veto, and what was said or promised, is all a deep dark secret.
Then big business and partisan groups fund the Judicial Crisis Network, which runs dark-money political campaigns to influence Senators in confirmation votes, as they’ve done for Gorsuch and now Kavanaugh. Who pays millions of dollars for that, and what their expectations are, is a deep dark secret.
These groups also fund Republican election campaigns with dark money. The identity of the big donors? A deep dark secret.
Once the nominee is on, the same business front groups, with ties to the Koch Brothers and other funders of the Republican political machine, file “friend of the court,” or amicus briefs, to signal their wishes to the Roberts Five. Who is really behind those “friends” is another deep dark secret.
It has gotten so weird that Republican justices now even send hints back to big business interests about how they’d like to help them next, and then big business lawyers rush out to lose cases, just to get them up before the friendly Court, pronto. That’s what happened in Friedrichs and Janus.
The U.S. Chamber of Commerce is the biggest corporate lobby of them all. It’s the mouthpiece for Big Coal, Big Oil, Big Tobacco, Big Pharma, Big Guns, you name it—and this year, with Justice Gorsuch riding with the Roberts Five, the Chamber won nine of the 10 cases it weighed in on.
The Roberts Five since 2006 has given the Chamber more than three-quarters of their total votes. This year in civil cases they voted for the Chamber’s position nearly 90 percent of the time.
People are noticing. Veteran court-watchers like Jeffrey Toobin, Linda Greenhouse and Norm Orenstein describe the court as a delivery service for Republican interests:
Toobin has written that on the Supreme Court, “Roberts has served the interests . . . of the contemporary Republican Party.”
Greenhouse has said, “the Republican-appointed majority is committed to harnessing the Supreme Court to an ideological agenda.”
Orenstein described, “the new reality of today’s Supreme Court: It is polarized along partisan lines in a way that parallels other political institutions and the rest of society, in a fashion we have never seen.”
And the American public knows it, too. The American public thinks the Supreme Court treats corporations more favorably than individuals, compared to vice versa, by a 7-to-1 margin.
Now, let’s look at where Judge Kavanaugh fits in. A Republican political operative his whole career, who’s never tried a case. He made his political bones helping the salacious prosecution of President Clinton, and leaking prosecution information to the press.
As an operative in the second Bush White House, he cultivated relationships with political insiders like nomination guru Leonard Leo, the Federalist Society architect of Kavanaugh’s court nominations. On the D.C. Circuit, Kavanaugh gave more than 50 speeches to the Federalist Society. That’s some auditioning.
On the DC Circuit, Kavanaugh showed his readiness to join the Roberts Five with big political wins for Republican and corporate interests: unleashing special interest money into elections; protecting corporations from liability; helping polluters pollute; striking down commonsense gun regulations; keeping injured plaintiffs out of court; and perhaps most important for the current occupant of the Oval Office, expounding a nearly limitless vision of presidential immunity from the law.
His alignment with right-wing groups who came before him as “friends of the court”? 91 percent.
When big business trade associations weighed in? 76 percent. This is what corporate capture of the courts looks like.
There are big expectations for you. The shadowy dark-money front group, the Judicial Crisis Network, is spending tens of millions in dark money to push for your confirmation. They clearly have big expectations about how you’ll rule on dark money.
The NRA has poured millions into your confirmation, promising their members that you’ll “break the tie.” They clearly have big expectations on how you’ll vote on guns.
White House Counsel Don McGahn said, “There is a coherent plan here where actually the judicial selection and the deregulatory effort are really the flip side of the same coin.” Big polluters clearly have big expectations for you on their deregulatory effort.
Finally, you come before us nominated by a President named in open court as directing criminal activity, and a subject of ongoing criminal investigation. You displayed expansive views on executive immunity from the law. If you are in that seat because the White House has big expectations that you will protect the President from the due process of law, that should give every Senator pause.
Tomorrow, we will hear a lot of “confirmation etiquette.” It’s a sham.
Kavanaugh knows the game. In the Bush White House, he coached judicial nominees to just tell Senators that they will adhere to statutory text, that they have no ideological agenda. Fairy tales.
At his hearing, Justice Roberts infamously said he’d just call “balls and strikes,” but the pattern – the 73-case pattern – of the Roberts Five qualifies him to have NASCAR-style corporate badges on his robes.
Alito said in his hearing what a “strong principle” stare decisis was, an important limitation on the Court. Then he told the Federalist Society stare decisis “means to leave things decided when it suits our purposes.”
Gorsuch delivered the key fifth vote in the precedent-busting, but also union-busting, Janus decision. He too had pledged in his hearing to “follow the law of judicial precedent,” assured us he was not a “philosopher king,” and promised to give equal concern to “every person, poor or rich, mighty or meek.”
How did that turn out? Great for the rich and mighty: Gorsuch is the single most corporate-friendly justice on a Court already full of them, ruling for big business interests in over 70 percent of cases, and in every single case where his vote was determinative.
The president early on assured evangelicals his Supreme Court picks would attack Roe v. Wade. Despite “confirmation etiquette” assurances about precedent, your own words make clear you don’t really believe Roe v. Wade is settled law.
We have seen this movie before. We know how it ends.
The sad fact is that there is no consequence for telling the Committee fairy tales about stare decisis, and then riding off with the Roberts Five, trampling across whatever precedent gets in the way of letting those Big Republican interests keep winning 5-4 partisan decisions.
Every. Damned. Time.
Some call it the “social media dopamine loop.” The short-attention-span jolt of Twitter is perfect for a few specialized things: breaking news, viral links – and presidential hissy fits. But it turns out, Twitter is perfect for jokes.
“A Twitter habit, like any other Internet addiction, is an endless dopamine loop. Your brain doesn’t have a satiety signal for social media updates. It just wants you to check your screen again and again for new content until you die. (NY Times, 7/29/18).”
Many want to opt out of the social media loop altogether. But their hedonic treadmills are turned up so fast that it’s hard to make the leap. Real life seems drab now, compared with the high-speed barrage of ironic banter online. It’s the dream of our sitcom-watching childhood come true: nothing but punch lines as far as the eye can see.
P.S. I will be taking some time off during August. I will only be posting blog updates on Mondays of the month, but will resume M-W-F postings after Labor Day (no post), on September 3.
EdTech is everywhere as we know but most of the investment in this field is not in the classroom, also something that most of us may know. But just for the record, here are some of the recent numbers. In 2017, EdTech investment reached a record high of over 9.52 billion. The majority of that investment, however, will never see a classroom.
“In 2017, global investments made to learning technology companies reached over $9.52 billion, up 30% from 2016, which set the previous record for EdTech funding at $7.33 billion; 913 EdTech companies were funded in 2017, the highest since the record of 728 set in 2015. Yet although this was a record year, only a small amount went towards Pre-K-20 Education. Pre-K-12 companies received 13% of the overall global investment, or 13% of the overall global investment, or $1.2 billion, and higher education companies got 8%, or $682 million (EdTechTimes, March 2018).”
Major EdTech investment in the U.S. and China is somewhat expected. Another major shift is a huge increase in Africa, particularly for startups in South Africa, Kenya, and Nigeria. This may be due to a growing market in the continent for EdTech that goes beyond the typical classroom, an environment that is inaccessible to many children in those regions.
On Monday, I posted a blog about one NY Times’ writer’s decision to stop “Tweeting” and spend time on other pursuits. Perhaps she would like to take up a new hobby? That seems to have been the solution for many other who have now found that the Internet can be a place to learn new skills by connecting with other “hobbyists.” Pottery, painting, cooking, you name it!
While much of this is not new, the way the Internet can help steer us toward something useful bears mentioning in the name of growing digital skepticism (see Monday’s blog). It is a reminder that the Internet’s most effective trick is connecting disparate individuals into a coherent whole. There may only be a small number of potters in any given city, but online there is a whole ceramics metropolis willing to help.
Art, for example, is an empowering thing. Most people think they can’t do it, and when they realize they can, it’s amazing – it opens up a whole new world, and that world doesn’t really have time for a lot of “fighting and fussing.”
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