The Nauseating Debt-Ceiling 'Solution' - James Fallows - Politics - The Atlantic

Update: Fallows pessimism draws criticism from readers HERE
The Nauseating Debt-Ceiling 'Solution' - James Fallows - Politics - The Atlantic: "the major steering decisions in national policy make a difference in the long term. It made a difference, for the good, that the United States adopted the GI Bill, and set up the Land-Grant Universities. It made a difference, for the bad, that California passed Proposition 13.

In the short run, the 'bargain' just agreed to offers worse than no hope for addressing the really urgent problem of the moment, harmfully high unemployment. And in the long run, this has been as sobering a case study of a great nation misusing its resources, distracting itself from real problems, and discrediting its political system in the world's eyes as... as I can remember. No 'foreign threat' has been involved here. Not a 'rising power,' like China. Not a 'non-state menace,' like some terrorist. We did this all ourselves."

Fact Sheet: Bipartisan Debt Deal: A Win for the Economy and Budget Discipline | The White House

Fact Sheet: Bipartisan Debt Deal: A Win for the Economy and Budget Discipline | The White House:

"In Securing this Bipartisan Deal, the President Rejected Proposals that Would Have Placed the Sole Burden of Deficit Reduction on Low-Income or Middle-Class Families: The President stood firmly against proposals that would have placed the sole burden of deficit reduction on lower-income and middle-class families. This includes not only proposals in the House Republican Budget that would have undermined the core commitments of Medicare to our seniors and forced tens of millions of low-income Americans to go without health insurance, but also enforcement mechanisms that would have forced automatic cuts to low-income programs. The enforcement mechanism in the deal exempts Social Security, Medicaid, Medicare benefits, unemployment insurance, programs for low-income families, and civilian and military retirement."

How the Reid plan compares to the Boehner bill

As of Saturday morning, July 30, 2011 - after the Senate tabled the Boehner debt limit bill passed by the house.
Here is a comparison on the two

James Fallows - It's true - the Republican Party is mainly to blame

James Fallows - Authors - The Atlantic:

"Still, anyone who thinks I am mainly blaming the Republicans for the needless debt-ceiling fracas, especially the Tea Party-era House Republicans arrayed behind Rep. Eric Cantor (and Rep. Jim Jordan), is correct. To put the reasons in one place, as things go down to the wire, here they are:

1) The debt-ceiling showdown represents hostage-taking, plain and simple. This is a 'crisis' that need never have happened, regardless of which party controlled the White House."

In defense of the White House - Jonathan Bernstein - WaPo

A response to Krugman's hysterical criticism of Obama by Jonathan Bernstein who knows that you have to count the votes - and the Republicans have the voter-given power to obstruct almost anything, limited only by their... - GWC

In defense of the White House - The Plum Line - The Washington Post:

by Jonathan Bernstein

"I have no idea what’s going to happen in the next week. One hopes that enough Republicans are only bluffing with their craziness, or can be talked out of their craziness (by who? Who will they listen to?) at the last minute. Or perhaps eventually, if there’s no other way, the president will take unilateral action — the Constitutional option — after all. But the idea that there was some obvious way for Democrats to deal with this situation strikes me as naïve. This isn’t about poor bargaining or fecklessness by the Democrats. It’s about dealing with the consequences of the fact that Americans elected to Congress a whole bunch of people who are either trying to impose fringe policy views despite apparently having no understanding whatsoever of their consequences — or are so driven by opposition to the president that their highest priority is opposing him, regardless of those consequences."

Policy changes under two presidents

This NY Times graphic shows that the Bush tax cuts are a huge piece of the puzzle. - GWC

Norway's PM speaks after the attacks - ABC News (Australian Broadcasting Corporation)

A very dignified, sober, and compassionate statement by Norway's Prime Minister in the first hours after the savage attacks. - GWC

Norway's PM speaks after the attacks - ABC News (Australian Broadcasting Corporation): "Norway's PM speaks after the attacks
Updated July 23, 2011 12:26:32

Norwegian prime minister Jens Stoltenberg has vowed to punish those responsible for twin bomb and shooting attacks in Norway, which have left dozens dead and scores injured."

A plain blog about politics: Why Republicans Will Lose the Debt Limit Battle (more than the Democrats will lose)

Jonathan Bernstein can count votes and does, so his analyses are helpful. - GWC

A plain blog about politics: Why Republicans Will Lose the Debt Limit Battle (more than the Democrats will lose): "So the talks are broken down again. It's not exactly a surprise; the odds have always been good that any deal, whether it's a Grand Bargain or something like the clean McConnell that gives the GOP only symbolic gains, will happen at the last minute. Remember, almost all of what we're seeing is either bargaining, spin, or some other form of posturing or misinformation. That's not bad -- but it is what it is, and there's no point in pretending that it's anything else.

Meanwhile, in a post over at the other place earlier today, I pointed out that the eventual deal, should there be one (and sooner or later there will be some sort of deal) will wind up a lot closer to the Democrats’ ideal position than to the GOP perfect spot. I owe an explanation for that, so here it is, in three parts."

Obama Should Raise the Debt Ceiling on His Own - NYTimes.com

This could be - and should be now that John Boehner has broken off talks with a week to go - Obama's Truman moment. It is time to seize the steel mills like Harry did in 1949. It's a simple case: the United States meets its obligations as they come due. The President has the inherent power to do what is necessary to carry out the laws. That includes raising the money needed to meet the obligations the nation has lawfully assumed.

Eric Posner and Adrian Vermeule explain how. - GWC

Obama Should Raise the Debt Ceiling on His Own - NYTimes.com: "Where would Mr. Obama get his constitutional authority to raise the debt ceiling?

Our argument is not based on some obscure provision of the 14th amendment, but on the necessities of state, and on the president’s role as the ultimate guardian of the constitutional order, charged with taking care that the laws be faithfully executed."

President Signs DADT Certification The White House

Today President Obama signed the certification that will end Don't Ask, Don't Tell - the compromise President Clinton was forced to make, which while a step forward at the time proved to be odious in the long run. We just got to Maine where a popular referendum repealed gay marriage last year. Emboldened Equality Maine is gathering signatures to put the issue on the ballot in 2012.  They are buoyed by the momentum created by repeal of DADT, the New York Legislature, and this week's announcement that the President will campaign for repeal of the misnamed Defense of Marriage Act. - GWC
Getting "Don't Ask, Don't Tell" Done | The White House:
 "Today, in accordance with this law, I signed the certification that will end “Don’t Ask, Don’t Tell” once and for all. The Secretary of Defense and the Chairman of the Joint Chiefs of Staff also have certified that the military is ready for the repeal. Sixty days from now, on September 20th, the repeal will be complete and gay men and women will be able to serve their country openly."

Thomas Jefferson School Of Law: Is The Answer Worse Than The Allegations? « Above the Law>>

Thomas Jefferson's defense to a student's claim that he was misled by its reported rate of employment 9 months post graduation is that if he had looked at bar pass rates (which average about 50%) that he should not have been misled by the 92% employment rate.  Those who failed the bar could not have been working as lawyers. - GWC
Thomas Jefferson School Of Law: Is The Answer Worse Than The Allegations? « Above the Law:

"Ever since Anna Alaburda sued Thomas Jefferson School of Law over its allegedly misleading employment statistics, we’ve been waiting for TJSL to respond. Today is that day, and the school’s answer does not disappoint.
The school has filed two documents in response to Alaburda’s complaint. We’ve uploaded their demurrer and their motion to strike. They are not long; you should flip through them.
Thomas Jefferson makes a solid defense of itself. But in the process of trying to quash Alaburda’s lawsuit, the school offers some pretty damning admissions that seem to support Alaburda’s underlying moral, if not legal, point…"

Jonathan Bernstein : Presidential Persuasion

Jonathan Bernstein today features a long quote from presidential historian Richard Neustadt about the nature of presidential power. It is not wielded, generally, by "giving speeches, getting out on the campaign trail and forcefully making your case". It is about using the power of the presidency (including speech) to get others with power to do something - recognizing their ambitions, their dependencies on their constituents, etc. Click on the link and read it. Then think about the imminent big deal which will dominate the news for the next 10 days. - GWC

A plain blog about politics: Persuasion:

 "Ezra Klein's post yesterday on what he called 'the paradox of presidential leadership' made a strong case, with which I agree, that going public is apt to be counterproductive in an era in which the out party demonizes the president and demonizes compromise.
Klein refers to Richard Neustadt, however, and I do want to clarify Neustadt's idea of presidential persuasion. It's not, or at least not primarily, about what Klein describes as Washington's idea of persuasion, which is 'taking strong positions, giving speeches, getting out on the campaign trail and forcefully making your case.' I think a nice long quote from Neustadt is in order"   (click on the link above and you'll see it - gwc)

al.com: Mobile : Ken Feinberg agrees to independent audit of Gulf Coast Claims Facility

al.com: Mobile : Ken Feinberg agrees to independent audit of Gulf Coast Claims Facility: "Attorney General Eric Holder said in a letter dated today.

The letter, addressed to Feinberg, recounts a July 7, closed-door meeting between the two, at which Holder relayed concerns he’d heard during a late June visit to Mobile.

Holder wrote that he will hold the Claims Facility to 'the highest standards of efficiency, consistency and customer service,' adding that that resolving spill claims quickly must be the facility’s highest priority, notwithstanding the audit."

Worst. Congress. Ever. - By Norman Ornstein | Foreign Policy

This is not the usual lament.  It is a careful historical analysis by a seasoned Republican student of the Congress.  His diagnosis: Republicans refuse to govern - i.e. refuse to make the compromises that responsible governance requires. - GWC

"For the first time ever, in the 111th Congress that convened during the first two years of the Obama presidency, the National Journal's vote ratings showed that the most conservative Democratic senator was to the left of the most liberal Republican. There is now no overlap ideologically at all between the parties. Only nine of the remaining small number of conservative House Democrats (now called "Blue Dogs") were to the right of the most liberal House Republican. That Republican, Mike Castle of Delaware, was dumped by his party in a primary as he ran for the Senate and is now out of Congress, as are the bulk of the Blue Dogs."

Worst. Congress. Ever. - By Norman Ornstein | Foreign Policy: "Dana Carvey had a character during his years on Saturday Night Live who was a crotchety old man complaining about how much better everything was 'in my day,' the imagined halcyon times of his past. After almost 42 years immersed in the politics of Congress, I have to check myself regularly to avoid falling into the same trap. When I came to Washington in 1969, for example, the city was riven with division and antagonism over the Vietnam War, which segued into the impeachment of a president, followed by many other difficult and contentious moments. In this case, though, Carvey's old man would be right: The hard reality is that for all their rancor, those times were more functional, or at least considerably less dysfunctional, than what we face with Congress today."

Judge tosses RICO claims vs BP over oil spill || Reuters

Judge tosses RICO claims vs BP over oil spill | Agricultural Commodities | Reuters: "By Moira Herbst and Jonathan Stempel

NEW YORK, July 15 (Reuters) - BP Plc won two legal victories on Friday, as a federal judge threw out racketeering claims made by the lead plaintiffs suing over last year's Gulf of Mexico oil spill, and also set aside a lawsuit by partner Anadarko Petroleum Corp .

U.S. District Judge Carl Barbier in New Orleans dismissed claims that BP violated a federal anti-racketeering law by defrauding U.S. regulators in connection with the safety of its drilling operations, its ability to respond to any oil spill and its response to the spill"

Obama Has Always Been for Premature Fiscal Austerity

Obama Has Always Been for Premature Fiscal Austerity: "Paul Krugman sends us to Mark Thoma who sends us to Jonathan Schwarz, who points out that there is evidence that Obama rejected his economists' judgment that the economy needed a bigger stimulus back at the start of 2009.

Jonathan:

A Tiny Revolution: If Only the Czar Knew:"

Dean Matasar's Response to NY Times Article

As I noted in my post of the Times article New York Law School has made an exemplary effort at increasing bar pass rates. And at the heart of it is a focus on the bottom quarter of the first year class, which was given remedial support by faculty. Really impressive. HERE is an article from Journal of Legal Education detailing how they did it. - GWC

New York Law School :: Matasar's Response to NYTimes:

"We went from a 58 percent first time bar pass rate in 1999 to bar pass rates consistently in the mid-80 percent range and as high as the low 90 percent range.
Our bottom quartile LSAT student today would have been in the top quartile of our class at the turn of the 2000s.
Our new facility is among the finest in the country, not just for its beauty, but because it gives students the technological tools they need and provides them a comfortable, welcoming place for study and collaboration.
We have an innovative program in virtually every area of the curriculum, the most intensive integrated first-year skills program offered anywhere, and research centers working at the cutting edge of their fields."

Legal Ethics Forum: Sean Rehaag, "The Role of Counsel in Canada's Refugee Determination System: An Empirical Assessment"

Unsurprisingly effective counsel improved the accuracy of determinations of refugees' asylum claims in Canada. - GWC h/t Legal Ethics Forum

Legal Ethics Forum: Sean Rehaag, "The Role of Counsel in Canada's Refugee Determination System: An Empirical Assessment"

Software Designer Reports Error in Casey Anthony Trial - NYTimes.com

Brady v. Maryland requires prosecutors to disclose exculpatory evidence.  And prosecutors are required to correct evidence offered once the falsity is known (RPC 3.3 - A lawyer shall not... fail to correct a false statement of material fact or law previously made to the tribunal by the lawyer) It appears that both rules were broken in the Casey Anthony case.  But it appears the error was harmless - since she was acquitted. That does not settle the question of whether the prosecutors should be disciplined. That is within the discretion of the Florida bar disciplinary authorities. - GWC

Software Designer Reports Error in Casey Anthony Trial - NYTimes.com: "According to Mr. [John] Bradley, chief software developer of CacheBack, used by the police to verify the computer searches, the term “chloroform” was searched once through Google. The Google search then led to a Web site, sci-spot.com, that was visited only once, Mr. Bradley added. The Web site offered information on the use of chloroform in the 1800s.

The Orange County Sheriff’s Office had used the software to validate its finding that Ms. Anthony had searched for information about chloroform 84 times, a conclusion that Mr. Bradley says turned out to be wrong. Mr. Bradley said he immediately alerted a prosecutor, Linda Drane Burdick, and Sgt. Kevin Stenger of the Sheriff’s Office in late June through e-mail and by telephone to tell them of his new findings. Mr. Bradley said he conducted a second analysis after discovering discrepancies that were never brought to his attention by prosecutors or the police.

Mr. Bradley’s findings were not presented to the jury and the record was never corrected, he said. Prosecutors are required to reveal all information that is exculpatory to the defense"