In developing countries such as Pakistan, Chile, and Sierra Leone, a transfer of power is often accomplished by military coup. In our country, it is done by judicial coup.
Admitting to something short of cool dispassion, I marvel at the way the gang of five, led by arch-conservative Antonin Scalia, tried to camouflage their 5-to-4 operation behind a nominal 7-to-2 agreement that there was a problem with the Florida recount. That seemed to leave open the chance of fixing the system. Their fix was in, all right, but a different fix. It suppressed the recount for good.
Any one of these five could have returned the contest to limbo. But none did. Decades of conservative support of states’ rights, by overturning federal statutes from affirmative action to federal review of criminal cases, went out the window in an arrogation of authority to judge voting in Florida.
The tactics were adroit. First, the junta on Saturday halted the vote count. That enabled them to say on Tuesday that there was no more time left for vote-counting.
One thing about Tony Scalia is that he levels with you. Not every justice would say, as he did Saturday, that issuing the voting stay suggested Bush had “a substantial probability of success.” Not every justice would own up to partisanship by saying the recounted votes “threaten irreparable harm to petitioner” — Governor Bush — “and to the country.”
Justice Stevens, for the embattled minority of himself, Stephen Breyer, Ruth Bader Ginsburg, and David Souter, said on Saturday that halting the vote recount “will inevitably cast a cloud on the legitimacy of the election.” Tuesday he said we may never know who was the winner of the presidential race, but “the identity of the loser is perfectly clear. It is the nation’s confidence in the judge as an impartial guardian of the rule of law.” …
That legitimacy has been endangered by the court’s intervention into the white-hot controversy over the presidency that opened the court to suspicion of partisanship. Before this issue arose there were suggestions of partisanship. Mr. Bush referred to Scalia and Clarence Thomas as models for the kind of justices he would name. Chief Justice Rehnquist and Justice O’Connor reportedly said they would like to retire under Bush to ensure being succeeded by conservatives. But now, these five have had a banner day. They have selected a president.
—Daniel Schorr
The Supreme Fix Was In
Ramesh Ponnuru is one of the best conservative writers around. He beats Josh Barro because (1) Ponnuru is an actual conservative and (2) he is, frankly, a better writer (but let’s give Barro a few years; he’s still young). That doesn’t mean I agree with him much. He is very conservative. But unlike most conservative writers, I believe that he is serious in thinking that conservative policy really is good for everyone and not just his class. As a result of this, I was not surprised when yesterday he wrote,
Paul Krugman has been writing quite a lot about Europe recently. Like a lot of us, he’s very unhappy about how Francois Hollande has rolled over for the German austerity cabal that forcing counterproductive austerity on the rest of the EU. But this morning, he wrote,
Oh do we get spam around here! And much of it is of a very generic nature. For example, “I don’t think I’ve ever seen such probing insight on this topic. This is a subject I am very interested in. Thank you so much for your insights on this most interesting topic. You are an excellent writer about this subject.” The only thing that is different is that most spam is in pidgin English. They might as well write, “This is automated spam. No human is looking at this page. But please allow us to put our spam links on your page!”
If asked, most people would say that Nate Silver had the most accurate prediction of the 2012 election, but that’s not true. Silver actually mis-predicted at least one Senate race. It was Sam Wang who was perfect in 2012. Wang is a neuroscientist at Princeton University and the head of the Princeton Election Consortium. He was one of the first people to aggregate election polling, starting back in 2004. And he currently gives the
The nightmare I sometimes have, about this whole experience, runs as follows. I was involved in making a number of proposals which were partly at least adopted by the government and put in play by the government. Now, my worry is as follows – that there may have been people making the actual policy decisions, or people behind them or people behind them, who never believed for a moment that this was the correct way to bring down inflation.
Jared Bernstein and Dean Baker are friends and collaborators. But they’ve been having a public debate on the issue of the corporate income tax. Bernstein has argued that we need to keep the corporate income tax because it brings in important revenue revenue, and getting rid of it would be a huge regressive tax cut, because it is mostly the rich who pay it. Baker argues that it is a bad tax that gives corporations huge incentives to avoid it. He even noted in his characteristically amusing way, “The question is, how much will a company pay to avoid paying $100 in income taxes? The answer is up to $99.99.” If you want to read the exchanges, start with Bernstein’s last post,
The discussion is mostly over details and emphases. Not surprisingly, I agree with both of them. They are both brilliant and keen observers of the economy. But it does bring out what I think is a bit of a problem with Baker’s thinking: he doesn’t take into account political realities enough. My favorite example of this is his notion that we don’t need to worry about fewer workers per retiree for the funding of entitlement programs because of increasing productivity. The problem with this thinking is that for the last four decades, productivity has become entirely decoupled from wages. The way that the entitlements are funded, this represents a big problem.
I have this constant feeling that the world has gone crazy. Conservatives especially but by no means exclusively continue to be worried about inflation. But if you look at the
On this day in 1916, the great sociologist
I finally got around to reading Mike Konczal’s excellent paper (from two years ago), 
On Monday, The New York Times published an article by John Eligon,
Note that this is the network that talks excessively about race. Since the shooting, Bill O’Reilly has done little but talk about cultural dysfunction in African American communities. They can’t seem to talk about young black people without complaining about sagging pants. (In my community, most white boys have sagging pants too, so I hardly think it says anything other than that black kids are not long for that fashion trend.) So Fox News wants to talk about race. Their issue is talking about it in any way that would indicate that it isn’t just a problem with blacks.