Author Archives: Josh Eidelson

WHAT IS BARACK OBAMA SAYING?

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Friday, Barack Obama wrote a response to blogospheric criticism of his criticism from the Senate floor of advocacy groups which were condemning Senators who voted to confirm Roberts (Obama himself voted against confirmation). He makes some points I agree with, and some I don’t. Most frustrating, though – and all the more so given his gift as a writer – are the arguments which sound nice but whose meanings are difficult to tease out at all. Like this one:

My colleague from Illinois, Dick Durbin, spoke out forcefully – and voted against – the Iraqi invasion. He isn’t somehow transformed into a “war supporter” – as I’ve heard some anti-war activists suggest – just because he hasn’t called for an immediate withdrawal of American troops. He may be simply trying to figure out, as I am, how to ensure that U.S. troop withdrawals occur in such a way that we avoid all-out Iraqi civil war, chaos in the Middle East, and much more costly and deadly interventions down the road. A pro-choice Democrat doesn’t become anti-choice because he or she isn’t absolutely convinced that a twelve-year-old girl should be able to get an operation without a parent being notified. A pro-civil rights Democrat doesn’t become complicit in an anti-civil rights agenda because he or she questions the efficacy of certain affirmative action programs. And a pro-union Democrat doesn’t become anti-union if he or she makes a determination that on balance, CAFTA will help American workers more than it will harm them.

There are several ways to read this argument:

One is that what matters is a politician’s values, and not individual votes, and so it’s wrong to call a politician “anti-civil rights” for casting votes which hurt the cause of civil rights. The problem with this argument is that we elect representatives to cast good votes, not to personally sympathize with us and our values.

Another is that none of us has the right to decide what these labels mean – that it’s arrogant and inappropriate for pro-choice activists to tell politicians what it should mean to be pro-choice. The problem with this argument is that there’s no point in working to advance the cause of “choice” in general if that excludes advancing a particular understanding of what is and is not pro-choice policy. While it’s arguable whether or not the movement would be served by more politicians claiming the pro-choice mantle without changing their policy positions, but it certainly be insufficient.

Another argument which could Obama could be making here is that is that immediate troop withdrawl from Iraq, opposition to parental notification laws, defense of affirmative action from “questioning,” and opposition to CAFTA are not in fact serving the goals of the anti-war, pro-choice, civil rights, and labor movements, respectively. In other words, he could argue against the positions he thinks Democratic senators are wrongly being held to on the merits. But if there’s any such criticism here, it’s only implicit (Obama, for the record, voted against CAFTA in the Senate, voted against parental notification in the Illinois Senate, and is not calling for an immediate withdrawl of all US troops).

Given that Obama seems not to be articulating that argument, he could be arguing that these particular issues are just not important enough to make a big deal of. But it’s hard to imagine the groups he names not putting up a fight over these issues, and it would be hard to believe that Obama would expect them not to. CAFTA was the first comprehensive trade deal to come before the Congress under Bush, crafted to erode worker protections which accelerating the race to the bottom. Parental notification policies are, along with denial of government funding, one of the major policy impediments to women’s substantive exercise of their right to choose.

A more spurious argument which Obama seems implicitly to be making through questionable word choice is that the problem with these left-wing advocacy groups is that they’re out to restrict elected officials’ freedom of expression by punishing them for not being “absolutely convinced” on parental notification or “making a determination” they don’t like on CAFTA. To the extent that advocacy groups criticize elected officials for critical public statements, they’re not chilling speech – they’re responding to it, and I’d say there are some criticisms which are deserved and others which aren’t. But phrases like Obama’s here aren’t really about speech – they’re about votes. To describe a pro-choice group as punishing a legislator for not being convinced of something conjures up Orwellian images, but what pro-choice groups are taking legislators to task for isn’t private thoughts – it’s how they legislate.

The final argument that I think could reasonably be read from this paragraph, is that advocacy groups shouldn’t expect politicians to vote the way they want all of the time. But why not? Certainly, it would be a poor tactical choice for such groups to predict that everyone they want will vote however they want all of the time. But given the premise that their positions are the right ones (and with the exception of immediate and total withdrawl, I believe they are, and Obama seems to as well), shouldn’t support of all of their positions be the standard against which they judge elected officials? Does Obama really expect the National Council of La Raza to make public statements like, “Sadly, the Senator is only 85% of the way to casting votes to extend rather than restrict civil rights at least 60% of the time”? Elected officials, locally as well as nationally, often revel in disparaging “activists” for failure to understand the necessity of compromise. The first problem with that critique is that too often, the compromises are bad ones. The second is that the way we get good compromises is by having leaders on our side who are willing to take strong stands in the face of opposition. Obviously, writing a politician off as not worth working with in the future because of a vote on a particular issue is just bad politics – if you’re not organizing them, someone else is. But there’s a difference between writing off politicians who cast bad votes and being willing to publicly point out that those votes are bad. Voting for CAFTA may not make an otherwise pro-union legislator anti-union for good, but those of us who believe voting against CAFTA is the right vote and the pro-union vote to cast are, it seems to me, obligated to regard a politician who votes for CAFTA as less pro-union than if she hadn’t. Otherwise, we might as well pack up and go home.

Or maybe all Obama was trying to say was that left advocates should soften their rhetoric. I don’t think describing a Senator who votes to confirm a nominee for Chief Justice as in some way “complicit” in particularly aggregious decisions that Justice makes on the court is in any way out of bounds (and yes, that means Russ Feingold, of whom I remain a big fan, bears some degree of responsibility for what Justice Roberts does on the court). And I don’t think the left or the country are well-served when advocacy groups whose fundamental mission is an ideological one, not a partisan one, hold their fire in taking politicians of one party to task for actions for which they would condemn members of the other. Is there some exaggerated, over-the-top, nastily personal rhetoric out there? Of course. But if that’s what Obama takes issue with, he could have found a clearer way to say it.

MEET THE NEW BOSS, STRANGELY REMINISCENT OF THE OLD BOSS

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(Apologies to The Who, and by extension, to Zach)

Via David Sirota, here’s an illuminating Post piece from ’03 on then-Whip, now-Majority Leader Roy Blunt:

Only hours after Rep. Roy Blunt was named to the House’s third-highest leadership job in November, he surprised his fellow top Republicans by trying to quietly insert a provision benefiting Philip Morris USA into the 475-page bill creating a Department of Homeland Security, according to several people familiar with the effort. The new majority whip, who has close personal and political ties to the company, instructed congressional aides to add the tobacco provision to the bill — then within hours of a final House vote — even though no one else in leadership supported it or knew he was trying to squeeze it in. ..Blunt has received large campaign donations from Philip Morris, his son works for the company in Missouri and the House member has a close personal relationship with a Washington lobbyist for the firm…Several [GOP insiders] say they were struck by Blunt’s willingness to go out on a limb for a company to which he has ties. What’s more, he did it within hours of climbing to the House leadership’s third-highest rung, a notable achievement for a man who came to Washington less than six years ago…

Psyched to see what new and innovative kinds of cronyism he rolls out now that he’s on the second rung from the top?

Blunt’s ascension only underscores the importance of Jacob Hacker and Paul Pierson’s point about how unnecessary DeLay is to DeLayism, and of Nathan Newman’s observation that making the GOP pay for DeLayism requires a willingness to take on the corporate interests that bankroll it.

(Update: Post altered to erase all evidence of my total lack of culture)

MIKE MORAND ON THE CANCER CENTER PROJECT

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“There are a lot of values here, and they’re not necessarily contradictory.”

– Yale Associate VP Mike Morand, Dwight Hall Debate, Tuesday night

I couldn’t have said it better myself. That’s why the accusation that some of us are soft on cancer for wanting to see the largest development in the city’s history done responsibly is such a baseless and irresponsible one.

FIGHTING WORDS

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Anna Burger: “The truth is we do work hard. We’re driving trucks, and serving food, cleaning hotels, picking apples, building houses, pouring concrete, and stocking shelves. And American workers do play by the rules. But the rules no longer work.”

Greg Palast: “I admit, I was suckered by Galloway. I was the first journalist in the UK to rush to his defense on television when he was accused of wrong-doing. I wanted to believe in him, but the hard facts condemn him — and us, if we don’t act true to our moral imperative. Mr. Galloway told the Independent newspaper, ‘I’m not as Left-wing as you think.’ Indeed, he isn’t.”

Nathan Newman: “So a narrow focus on Delay might get him indicted, even convicted, but it won’t hurt the GOP that broadly. What’s needed is a clear focus on who the companies contributing the money were and what they got from doing so.
THAT is the story that converts a political he said-she said political fight into a meaningful symbol of Republican corporation corruption”

CAREER PATH TO MOTHERHOOD?

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Tuesday’s New York Times piece on women at schools like Yale who plan to become stay-at-home moms addresses an important phenomenon. Unfortunately, it makes little more than passing mention of the underlying issues of class and gender which shape the choices the article pitches largely as curious lifestyle decisions.

Class divisions deeply inform women’s and men’s decision about parenting in work in multiple ways. They make it possible for some women to picture living and raising children comfortably off of the income of an exceptionally well-paid spouse without making the economic sacrifices most families have to when one parent stays home. At the same time, class divisions leave other women in positions where the work-family compromises they would like to strike as working mothers are unfeasible because they lack the bargaining power to achieve the schedules and receive the support from employers that they need. So while class makes it possible for some women and impossible for others to maintain economic security while leaving the workforce, class also makes it possible for some women and impossible for others to balance work and family responsibilities.

Underlying the responsibilities in play here are gendered conceptions which haven’t yet changed as much as many of us would like to think. It’s difficult to argue with those who suggest that a woman’s choice to stay home and raise kids deserves respect, but it’s important to consider the ways in which social structures and pressures constrict and inform that choice. The debate need not be confined to one side which argues that women and men should both be evaluated by the standards by which we’ve traditionally judged men and another side which argues for an essentialist, “difference feminist” understanding of what women are and should be that trots out old tropes about their essential nature. Instead, progressive feminists can and should take on traditional paradigms of male and female identity behavior, arguing for a shared, less gendered repetoire of goals and actions which makes traditionally male and female jobs and tropes accessible to both genders. Women who want to build homes with men can’t make fully free choices about how to balance family and work until men are equally challenged and expected to make equivalent sacrifices as well.

We’re not there yet.

PET ISSUES

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A characteristic comment from Kos:

we won’t have a governing majority until the energy expended in pursuing pet interests gets redirected toward getting Republicans out of power and getting Democrats — even some of the imperfect ones — elected to replace them…take a look at the new progressive organizations arising the past few years — MoveOn, the blogs, Democracy for America, National Political Hip Hop Conference, etc — all of them movement-based multi-issue organizations. That is the future of the American progressive movement. Not the single-issue groups that continue to hold their narrow interests above those of the broader movement.

What’s frustrating about comments like this is the uncritical conflation of the “broader movement” and the Democratic party. What’s a “pet issue”? Well, it’s an issue taken up by people you think could spend their time better doing something else. Since Kos’ goal – certainly an urgent and worthy one – is to replace Republican elected officials with Democratic ones, he tends to snipe at progressives who focus on pretty much anything else – be it reducing poverty or expanding civil liberties – as a higher priority. And his hammering on the all-too true point that the Right in this country has demonstrated much stronger long-term strategy than the Left over the past few decades only makes it that much more disappointing each time he makes the short-sighted argument that progressive groups which too strongly criticize or withhold support from Democrats who don’t share their values are selfish for not subordinating their cause to the goal of winning the next election. That’s not how conservatives accomplished their takeover of many of the powerful institutions in this country.

What really gets me about this particular post, though, is the way it conflates Kos’ “every left-wing group in the country should work to elect anyone to Congress who will vote for Pelosi for Speaker” critique with a critique I agree with: the left hasn’t done a sufficient job of building lasting multi-issue coalitions, and progressive activists have too often failed to see and articulate the connectedness between their causes. For Kos, the latter critique must be the former, because the only legitimate form for multi-issue cooperation to take is the Democratic party or organizations or websites mainly devoted to electing Democrats. But that’s not the view of many of the most articulate exponents of the latter critique, including the “Death of Environmentalism” essay which he rightly highlights as a crucial document (here too, I agree). In fact, the very excerpt he quotes in his post is:

Our thesis is this: the environmental community’s narrow definition of its self-interest leads to a kind of policy literalism that undermines its power. When you look at the long string of global warming defeats under Presidents Bill Clinton and George W. Bush, it is hard not to conclude that the environmental movement’s approach to problems and policies hasn’t worked particularly well. And yet there is nothing about the behavior of environmental groups, and nothing in our interviews with environmental leaders, that indicates that we as a community are ready to think differently about our work.

“What’s that,” you say, “it’s possible to have a long string of defeats under a Democratic President? (For a sobering account of just how poor a job NRDC and the Sierra Club did at cashing in on their work electing Bill Clinton, check out Randy Shaw’s Activist Handbook). So much for the idea that all progressive groups have to do to advance their causes is get Democrats elected.

A HEARING HIGHLIGHT

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Russ Feingold cuts through the “not prejudging cases” farce:

FEINGOLD: In Hamdi there were four different opinions…We know where all eight other members of the court stand on these opinions — in their opinions. They either wrote or joined one of them. Yet all eight of them will hear the next case that raises similar issues. No one is suggesting that their independence or impartiality in the next case has been compromised. Mr. Hamdi, of course, has left the country, so the precise facts of his case will never return to the court…Justice Scalia can participate in the next case involving the questions at issue in Hamdi, even though we know exactly what he thinks about that decision..Why shouldn’t the public have some idea of where you stand today on these crucial questions concerning the power of the government to jail them without charge or access to counsel in a time of war? They know a great deal about how each of the other justices approach these issues. Why is your situation different?

ROBERTS: Well, because each of the other eight justices came to their views in those cases through the judicial process…You’re now asking me for my opinion outside of that process: not after hearing the arguments; not after reading the briefs, not after participating with the other judges as part of the collegial process; not after sitting in the conference room and discussing with them their views, being open to their considered views of the case; not after going through the process of writing an opinion which I have found from personal experience and from observation often leads to a change in views…

FEINGOLD: What would be the harm, Judge, if we got your views at this point and then that process caused you to come to a different conclusion, as it appropriately should? What would be the harm?

ROBERTS: Well, the harm would be affecting the appearance of impartiality in the administration of justice…

FEINGOLD: I understand your view. I think it’s narrow. I have the experience of having one of my bills go for the Supreme Court and I know I didn’t have, as we say in Wisconsin, a snowball’s chance with a couple of the justices because of what they had ruled previously. But I didn’t think that made the process in any way tainted.

So first, John Roberts’ argument is that he can’t discuss past cases because it would be unfair to future litigants to go before a judge who was on the record about issues related to the case. Then, when confronted with the obvious but under-discussed point that every current Justice is on the record about prior cases by nature of having voted on them, his argument transforms into a new one: It’s unfair to future litigants to have to go before a judge who had publicly stated opinions about issues related to the case and hadn’t had them forged by the process of conferring with other justices. This argument is equally specious – certainly, judges views may change with time (though in some cases we may question how genuine the change of heart is), and no one asks an apointee to pledge not to listen to new viewpoints, but if the only people with well-reasoned, prudent opinions on Supreme Court decisions are Supreme Court Justices, then there isn’t much point in having judicial confirmation hearings at all. The idea that Supreme Court Justices, by nature of having to debate with their colleagues and write opinions, have earned some qualitatively different right to their judgments doesn’t seem in keeping with the humility which Roberts claims as the hallmark of his judicial philosophy. And if announcing positions on prior cases without having been on the Court for them is imprudent, his comments about Lochner and Brown are as much so as his comments on Hamdi. The real pattern in what he does and doesn’t discuss it seems, it which cases the public as a whole is likely to be reassured by his positions on and which ones he’d be safer keeping his mouth shut about.

ANGLING FOR A PERSONAL E-MAIL FROM VIN PETRINI

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My op-ed in today’s YDN on the need for a neutrality agreement at Yale – New Haven Hospital is on-line here:

There are some anti-union tactics that remain technically illegal, like firing employees for speaking positively about the union to their co-workers, or having managers forcibly tear union stickers off of employees’ clothing. But when anti-union administrators here at Yale-New Haven Hospital have trotted out these and other tried-and-true union-busting tactics, hospital workers have found little recourse in the NLRB. That’s partly because of the difficulty of proving guilt to the NLRB; smart anti-union managers always have an alibi for why someone needed to be let go (lateness is a popular one). It’s also because, if the NLRB should decide to pursue your case, it becomes empowered to agree to a settlement on your behalf.

Typical settlement for a case of wrongly firing an outspoken union supporter? Reinstatement of the employee, sometimes with back pay, and usually long after the fate of the union drive has been decided. Not to mention temporarily having to post some signs that are the legalese equivalent of scrawling “I will not union-bust again” on the chalkboard. In other words, union-busting pays. That’s why YNHH keeps doing it.

FIGHTING WORDS

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Joe Stork: “Mubarak’s biggest challenge isn’t winning the election, but generating enough voter turnout to claim popular legitimacy. It’s no coincidence that recent police violence against the government’s critics occurred when protestors urged the public to boycott the polls.”

Nathan Newman: “the reality is that decent wages translates into better quality and less costs down the road, as a range of studies linked to on that page highlight. If we should have learned anything from Katrina, it’s that short-term cost savings translate into long-term costs.”

Barack Obama: “I hope we realize that the people of New Orleans weren’t just abandoned during the Hurricane. They were abandoned long ago – to murder and mayhem in their streets; to substandard schools; to dilapidated housing; to inadequate health care; to a pervasive sense of hopelessness. That is the deeper shame of this past week – that it has taken a crisis like this one to awaken us to the great divide that continues to fester in our midst.”

GOOD NEWS, IF YOU’RE ME

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The over-generous (and under-funded) folks at the Center for American Progress’ Campus Progress project have named me and four other leftish students as the winners of their summer blogathon. Besides helping me score women, this apparently involves getting some cash, blogging on the main Campus Progress site, and interviewing someone on/of the left. Cool.

LOOK WHO’S UNREPRESENTATIVE NOW

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The great thing about legislative civil rights victories like the civil unions bill passed last spring here in Connecticut and the even more historic equal marriage rights legislation passed yesterday by California’s legislature is that it deprives the opponents of civil equality under the law of their judicial tyranny arguments and leaves them stuck opposing equal rights for all couples on the merits. One of the most squeamish about having to take sides on the substantive issue here is Governor Schwarzenegger, who in the LA Times today is grasping desperately for any “unrepresentative elites” argument he can get his hands on. Schwarzenegger’s gambit to have his centrist image and eat it too? Pinning the “unrepresentative elite” argument on the legislature. I expect we’ll see more of this in the future: Republicans rising to disparage the republican system of government in favor of direct democracy through ballot initiatives on the grounds the marriage issue strikes so deep that legislatures, like courts, can’t be trusted with it. That means deliciously ironic statements like this one from Schwarzenegger’s spokeswoman:

The people spoke when they passed Proposition 22. The issue subsequently went to the courts. The governor believes the courts are the correct venue for this decision to be made. He will uphold whatever decision the court renders.