Ian Millhiser and the FADA

Ian Millhiser - FADAThough the bill’s title, the “First Amendment Defense Act” [FADA], suggests that it would preserve values enshrined in the First Amendment, nothing in that amendment permits religion to be used as a shield for discrimination, and the Supreme Court has consistently rejected claims to the contrary.

Maurice Bessinger was a bigot who owned a chain of barbecue restaurants in South Carolina. He believed that the Civil Rights Act of 1964, with its ban on whites-only lunch counters, “contravenes the will of God,” and he brought a lawsuit seeking a religious exemption from this law. The Supreme Court disagreed in Newman v Piggie Park, ruling unanimously that Bessinger’s claim was “patently frivolous.”

Similarly, when Fremont Christian School claimed a right to give inferior compensation to many of its women employees because of its religious belief that “in any marriage, the husband is the head of the household and is required to provide for that household,” a federal appeals court rejected the school’s request for an exemption from anti-discrimination law.

Additionally, in a case that is strikingly similar to the kind of benefits FADA would give to religious objectors who engage in discrimination, Bob Jones University claimed that it should continue to receive tax subsidies despite its religiously motivated policy that “students who date outside of their own race will be expelled.” The Supreme Court rejected this claim as well, explaining that “the Government has a fundamental, overriding interest in eradicating racial discrimination in education.”

FADA would authorize a different kind of discrimination — primarily anti-LGBT discrimination as opposed to race or gender discrimination — but the overarching principle remains the same. The First Amendment simply does not give religious objectors a license to violate civil rights laws.

—Ian Millhiser
Congress’ Response To Orlando Shooting Is To Try To Legalize Discrimination

Digby on Clinton’s VP Pick: Tim Kaine

Digby on Tim Kaine for VPTim Kaine has a somewhat centrist history on banking and trade which is worrisome to progressives for whom these issues are their litmus tests. So, in these particulars, Kaine isn’t a particularly progressive choice.

But he’s very good on war, civil liberties, gun proliferation, criminal justice, healthcare, civil rights, and immigration among other things. The fact that he speaks perfect Spanish, which he learned serving in Honduras, is meaningful to Latinos.

Clinton is trying to run as an experienced, competent, rational, decent mainstream leader of a team of experienced, competent, rational, decent mainstream public servant in contrast to Donald Trump: the con artist who wants to blow up the world. I don’t know that policy is even the point, but to the extent it is, they are running under the most progressive platform in history (thank you Bernie), which just shows how far the coalition has come since the day Al Gore chose Joe Lieberman, one of the most depressing days of my life.

—Heather Digby Parton
So, Tim Kaine

Cure Income Inequality: Income Mobility! Not So Fast!

Income MobilityAgainst a rising chorus of concern about increasing income inequality, some economists are pushing back, suggesting that it is not income inequality we should be concerned with but rather income mobility. Income mobility describes the ability of individuals to move up and down the income ladder over some period of time. As long as mobility is healthy, they argue, society can remain egalitarian in the face of inequality, because the poor can move up and the rich down.

Intuitively, some observers assume that higher income inequality should be correlated with decreased income mobility as the rich build a bigger lead on the rest of society. But there is little consensus about whether and how income mobility has changed. What little research does exist is inconsistent with regards to findings, methods, and data sources. Equitable Growth grantees Michael D Carr and Emily E Wiemers at the University of Massachusetts-Boston used a new dataset to revisit the measurement of earnings mobility, the part of income that comes from work. Their results suggest that lifetime earnings mobility has declined in recent years.

—Austin Clemens
New Analysis Shows It Is More Difficult for Workers to Move up the Income Ladder

A Somewhat Less Menacing Mark Zuckerberg

Mark ZuckerbergThis movie [Batman vs Superman] is not good, but I liked it more than I expected. Wonder Woman is in the film for some reason, and Jesse Eisenberg decides to play Lex Luthor as a somewhat less menacing, less dangerous version of Mark Zuckerberg.

I’m going to credit that last as an actual decision and not an accident, and it’s… interesting. Maybe the point is that Luthor has never conceived of a scheme to dominate the lives of everyday people so grandiose, and so completely successful, as Facebook? Would Batman or Superman have destroyed the algorithm on Zuckerberg’s dorm room window?

—Robert Farley
Movies on a Plane

US Government’s Obscene Assassination Justification

Jeremy Scahill - ImminentObama has before compared the drone program to dealing with a sniper on a roof of a building who is pointing the rifle at children on a playground. And he say, you know, “I understand what the ACLU’s objections are and human rights people and stuff. But do we need to go to a judge to get authorization to take that shooter down before he kills a bunch of kids on a playground? No we don’t.” And I think… everyone in this room agrees with that. If you have someone who’s going to kill a bunch of kids, and they’re a sniper, and they’re not responding to any kind of attempts to get them to put the rifle down, people in this society overwhelmingly would say, “Yes. If we need to kill that person we’ll kill them.”

The problem is, that’s a fake analogy. They have never provided a shred of evidence that a single person that they’ve killed in a drone strike represented an imminent threat to US persons or the security of the United States. They have never given a shred of evidence to suggest that they killed someone en route to putting a bomb on a plane. I guarantee you, because this White House leaks like crazy, if they had that evidence they would put it out there…

If their standard was just that we’re killing people that we think maybe in the future might in certain circumstances try to encourage others to commit acts of terrorism — If that was the policy! — okay, that’s what they’re doing. But that’s not what they say the policy is. They say the policy is we’re targeting people who represent an imminent — “imminent” is their word — threat to US interests, US persons, and US facilities around the world. If that’s the standard then you have to say then what is the definition of the word “imminent.”

There was a white paper of the Justice Department leaked in advance of John Brennan’s confirmation hearings to be CIA director, that had a definition of the word “imminent” not even the most barely literate English speaker would recognize as the definition of “imminent.” It basically was like if you ever thought about terrorism in your life, we can kill you in a drone strike.

—Jeremy Scahill
The Government’s Secret War with Drones

Some Law Professor on “Exclusion” of BLM

Anonymous Law Professor - Black Lives MatterThere is a difference between focus and exclusion. If something matters, this does not imply nothing else does. If I saw “Law Students Matter” it does not imply that my colleagues, friends, and family do not. Here is something else that matters: context. The Black Lives Matter Movement arose in a context of evidence that they don’t. When people are receiving messages from the culture in which they live that their lives are less important than other lives, it is a cruel distortion of reality to scold them for not being inclusive enough…

There are some implicit words that precede “Black Lives Matter,” and they go something like this:

Because of the brutalizing and killing of black people at the hands of the police and the indifference of society in general and the criminal justice system in particular, it is important that we say that…

This is, of course, far too long to fit on a shirt.

Black Lives Matter is about focus, not exclusion. As a general matter, seeing the world and the people in it in mutually exclusive, either/or terms impedes your own thought process. If you wish to bear that intellectual consequence of a constricting ideology, that’s your decision. But this does not entitle you to project your either/or ideology onto other people who do not share it.

—Anonymous Law Professor
Law Professor’s Response to BLM Shirt Complaint

H/T: Elizabeth

Ruth Bader Ginsburg, John Jay, and the Political Court

Ian Millhiser - John JayJohn Jay was the first Chief Justice of the United States. Appointed at a time when the Supreme Court played a far more diminished role than it does today — the Court heard only four cases during Jay’s six years on the bench — Jay took a break from his judicial duties to serve as President Washington’s envoy to negotiate a trade agreement with Great Britain.

It’s difficult to exaggerate the divisiveness of the Jay Treaty. As Ron Chernow details in the book that inspired the musical Hamilton, this treaty formed one of the sharpest dividing lines between Alexander Hamilton’s Federalists and Thomas Jefferson’s Republicans. To Jefferson’s faction, “the Jay Treaty represented, its rawest form, a Federalist capitulation to British hegemony and a betrayal of the historic alliance with France.”

Graffiti appeared in Boston proclaiming “Damn John Jay! Damn everyone who won’t damn John Jay!! Damn everyone that won’t put lights in his windows and sit up all night damning John Jay!!!” Jay himself once quipped that he could travel at night from Boston to Philadelphia guided only by the light of his burning effigies.

It’s as if Justice Ginsburg had spent the Court’s summer recess drafting and personally lobbying for Obamacare, taking a break only to negotiate an open borders agreement with Mexico. The first Chief Justice of the United States was the central figure in one of the most contested issues in the nation’s early history — an issue so divisive that it played a significant role in the creation of coherent political parties in the United States.

—Ian Millhiser
Ruth Bader Ginsburg Is the Latest in a Long Line of Justices to Weigh in on Politics

Dean Baker on Financial Transaction Tax

Dean Baker on BloombergBloomberg is really pushing the frontiers in journalism. In order to give readers a balanced account of a proposal by Representative Peter DeFazio to impose a 0.03 percent tax on financial transactions (that’s 3 cents on every hundred dollars) it went to the spokesperson for the Investment Company Institute, the chief investment officer from Vanguard, and an academic with extensive ties to the financial industry. It also presented an assertion on the savings from electronic trading from Markit Ltd. Based on this diverse range of sources, Bloomberg ran a headline: “Democrats assail Wall Street with plan that may hit mom and pop.” …

Most research finds that trading is price elastic, meaning that the percentage change in trading in response to a tax is larger than the percentage increase in trading costs that result from the tax. The non-partisan Tax Policy Center assumed an elasticity of -1.25 in its analysis of financial transactions taxes.

This means that if the tax proposed by DeFazio would raise the cost of trading by 20 percent, then trading volume would decline by 1.25 times as much, or 25 percent. Investors would pay 20 percent more on each trade, but would be trading 25 percent less. This means that their trading costs would actually fall as a result of the tax…

The only way “mom and pop” get hurt in this story is if they make money on average on their trades. That is a hard story to tell. If mom and pop are lucky and sell their stock when it is high then some other mom and pop are unlucky and buy the stock when it is over-valued. As a general rule, trading will end up being a wash…

Of course there is someone that gets hurt by less trading — the folks who were making money on the trades — that’s right: the financial industry… Since it may not sound very compelling to hear a multi-millionaire complain about the prospect of a pay cut, it sounds much better to make up a story about mom and pop investors.

—Dean Baker
Bloomberg Asks Wall Street How It Feels About Taxing Wall Street

Police Are Civilians

Police Are CiviliansPolice are civilians. They are the civil power. They are not soldiers. They are subject to the rule of law adjudicated within civilian courts — not military justice. They are tasked with special powers and thus burdened with specific responsibilities and duties — but they’re civilians. They answer to mayors and (civilian) police commissioners and city councils and ultimately the public.

It’s an expression of the dangerous militarization of the police to distinguish them from “civilians” — those who are in fact citizens, fellow citizens, the commonwealth.

Say “police and the community.” Say “police and the public.” Don’t say them and us, even when that’s too often what’s felt. We can’t get from there to here if we encumber cops and everyone else in language that preserves the wall between those of our fellow citizens who carry badges and guns and those whom they serve.

—Tom Levenson
Pet Peeve

H/T: Elizabeth

Richard Seymour on a Possible Labour Split

Richard SeymourNone of this means that a split, should it come, is something anyone in the Labour Party should welcome. It would be unspeakably selfish and venal, conducted for the most narrow, shortsighted and base of motives. And the mere fact that it would be intended to trash Labour, to hurt it so badly that it returns to obedience, should inspire rage and contempt.

But it does mean that those who are making the prospect of a split their red line, as it were, are entirely wrong in their focus. The coup plotters have started this process, in a premeditated way, and don’t have a road-map out of the situation they have created. The responsibility is on them to negotiate their retreat, to make peace with their defeat, and to work with whichever leadership the party members wish to elect.

If a small number of those MPs, having gained careers and power on the back of the labor movement, and on the back of the Labour Party, are prepared to try to wreck it when they don’t get their way — well, then, to hell with them. Let them go, and see how far they get. They will lose.

—Richard Seymour
This Is Not 1981, and an SDP Mark II Will Not Work

Anonymous Leaker on Government Assassination

James Bond -TIDEOver the past few years, we’ve heard a lot about President Obama’s secret kill list. Yet still we know virtually nothing about its implementation. Despite mild Congressional scrutiny and ACLU lawsuits directed at the shroud of secrecy, some basic questions remain unanswered. How do you get on the list? Am I on the list? Who put me on the list? How do you get off the list? Can you get off the list?

The truth is there are several such lists used to target individuals for different reasons. Some lists are closely kept. Others span multiple intelligence and local law enforcement agencies. There are lists used to kill or capture supposed high value targets. And others are intended to threaten, coerce, or simply monitor a person’s activity. However, all the lists, whether to kill or silence, originate from the Terrorist Identities Datamart Environment [TIDE] and they are maintained by the Terrorist Screening Center [TSC] at the National Counterterrorism Center.

The existence of TIDE is unclassified. Yet details about how it functions in our government are completely unknown to the public. In August 2013, the database reached a milestone of one million entries. Today it is thousands of entries larger and is growing faster than it has since its inception in 2003. The March 2013 Watchlisting Guidance lays out the broad criteria for nominating someone to the database.

Not only does the Terrorist Screening Center reserve the right to store your name, date of birth, and other basic identifying information, but it also stores your medical records, transcripts, and passport data. Your license plate numbers, email, and cell phone number — along with the phone’s international mobile subscriber identity and international mobile station equipment identity numbers. Your bank account and purchases. And other sensitive information, including DNA and photographs capable of identifying you using facial recognition software.

The National Counterterrorism Center collaborates annually with agencies from the international alliance known as Five Eyes [FVEY] to supplement any information missing from entries already in its database. Or to add more entries. Individual entries in the database are assigned a TIDE Personnel Number (or TPN). From Osama bin Laden (TPN 1063599) to Abdulrahman al-Awlaki (TPN 26350617) — the American son of Anwar al-Awlaki. Anyone who has ever been the target of a covert operation was first assigned a TPN, and closely monitored by all agencies who follow that TPN long before they were eventually put on a separate list and extra-judicially sentenced to death.

When governments begin to tally enormous enemies lists, they run roughshod over our essential checks on power. Especially when they consider their own citizens to be a threat. Of the more than one million entries in the TIDE database, approximately 21,000 are those of American citizens. By leaking this information, I hope to give the public an opportunity to know what kind of activity might lead to their being placed on a list used to monitor their everyday activity. For the first time, the public has an opportunity to gain insight into the criteria that could potentially lead to their own trial by drone strike.

In 2008, I shook hands with Senator Obama when he came through my town on his way to the White House. After his inauguration, he said, “Transparency and the rule of law will be the touchstones of this presidency.” I firmly believe those principles are crucial to an open society, which is why I was compelled to reveal this information. If this administration lacks the courage to uphold its promises to the people, then I and others like me will do so for them.

—Anonymous Leaker read by Jeremy Scahill
The Government’s Secret War with Drones

Kumbaya Democratic Party!

Bernie Sanders CampsI have come here today not to talk about the past but to focus on the future. That future will be shaped more by what happens on November 8 in voting booths across our nation than by any other event in the world. I have come here to make it as clear as possible as to why I am endorsing Hillary Clinton and why she must become our next president.

During the last year I had the extraordinary opportunity to speak to more than 1.4 million Americans at rallies in almost every state in this country. I was also able to meet with many thousands of other people at smaller gatherings. And the profound lesson that I have learned from all of that is that this campaign is not really about Hillary Clinton, or Donald Trump, or Bernie Sanders, or any other candidate who sought the presidency. This campaign is about the needs of the American people and addressing the very serious crises that we face. And there is no doubt in my mind that, as we head into November, Hillary Clinton is far and away the best candidate to do that…

In these stressful times for our country, this election must be about bringing our people together, not dividing us up. While Donald Trump is busy insulting Mexicans, Muslims, women, African Americans and veterans, Hillary Clinton understands that our diversity is one of our greatest strengths. Yes. We become stronger when black and white, Latino, Asian American, Native American — all of us — stand together. Yes. We become stronger when men and women, young and old, gay and straight, native born and immigrant fight to rid this country of all forms of bigotry.

It is no secret that Hillary Clinton and I disagree on a number of issues. That’s what this campaign has been about. That’s what democracy is about. But I am happy to tell you that at the Democratic Platform Committee which ended Sunday night in Orlando, there was a significant coming together between the two campaigns and we produced, by far, the most progressive platform in the history of the Democratic Party. Our job now is to see that platform implemented by a Democratic Senate, a Democratic House, and a Hillary Clinton president — and I am going to do everything I can to make that happen.

I have known Hillary Clinton for 25 years. I remember her as a great first lady who broke precedent in terms of the role that a first lady was supposed to play as she helped lead the fight for universal health care. I served with her in the United States Senate and know her as a fierce advocate for the rights of children.

Hillary Clinton will make an outstanding president and I am proud to stand with her here today.

—Bernie Sanders
Speech Endorsing Hillary Clinton