Keith Urbahn makes an unpersuasive comparison between graduate student workers and allies fighting for the right to organize and flat-earthers:

Our lovable but deluded Flat-Earthers are the members of the Graduate Employees and Students Organization (GESO), the self-proclaimed representatives of graduate students. GESO’s unremarkable history is marred by failure and distinct feelings of apathy and even opposition from many graduate students — both realities the organization continues to deny. Never mind the fact that the Yale administration has always refused to consider it a legitimate interest group, or that over the summer the National Labor Relations Board unequivocally struck down any right for students to organize as employees at private universities, or that GESO just might be the only group in history to lose its own rigged election, as it did in April 2003.

As I argued at the time, the vote by the Bush-appointed majority to overturn a unanimous decision and strip graduate student workers of their rights as employees is one of a constellation of anti-labor decisions pushed through by right-wing activist NLRB judges over the past three years. Other recent targets have included non-union workers, casual workers, and disabled workers. Hell, even the prophets of classlessness at The New Republic have taken notice. It wasn’t so long ago in this country when publice employees, or agricultural workers, or workers as a whole were denied a legal right to unionize. It’s hard to imagine that the same Yale administrators who blithely ignored the NLRB’s historic NYU decision now expect graduate student workers to roll over because lobbying by, inter alia, those administrators has yielded a new one.

As for the election Keith calls “rigged,” the date and time were well-publicized, the qualifications were clear and well-scrutinized, and the whole process was overseen by the League of Women Voters. Every graduate student who showed up, whether or not they were on the list of those who would be part of the bargaining unit, got to cast a provisional vote, and GESO chose not to contest any of them. Certainly, GESO should have done a better job of turning out their supporters, more of whom went out on strike with the union than made it out to vote for it. Unfortunately, Yale’s strategy of depressing pro-union turnout through publically describing it as “like getting your friends together to have an election,” while hiking anti-union turnout through intense pressure from advisors on advisees, particularly in the sciences, was more effective than many had predicted. Read more about Yale’s anti-union campaign here. Even under those circumstances, the result was a near tie. Nearly two years later, last month three out of five teaching assistants in the humanities and social sciences declared they had signed union cards and demanded Yale recognize their union. But Keith is unfazed:

And indeed, a 12-week process of soliciting names from a predetermined list of eligible “voters” had finally created the results GESO organizers long desired. Sixty percent of 521 eligible TAs in the humanities, social science and language departments voted in favor of unionization. In a crude attempt to lend at least a veneer of legality to the sham of an election, GESO solicited the help of Secretary of State Susan Bysiewicz to certify the “vote.” What Bysiewicz and giddy GESO supporters failed to mention at the Dec. 14 meeting was that the card count was hardly representative of the whole graduate student body. In an effort to exclude departments predominately opposed to unionization — most notably those in the natural sciences — GESO changed the eligibility requirements, denying the right to vote to hundreds who differed with the group’s agenda.

What the vote was representative of is a three-fifths consensus of those whose primary employment is teaching in the humanities and social sciences supporting a union of teaching assistants in the humanities and social sciences. For years now, Yale has been claiming that GESO was illegitimate because its proposed bargaining unit included both students in the sciences and the humanities. Since the new NLRB decision, the union’s opponents have flipped their argument. Negotiations over the shape of a bargaining unit are a standard part of a unionization process. The problem is, Yale is still maintaining its dozen-year policy of refusing to negotiate – or meet – with GESO about anything. That includes the nature of a fair process for unionization, another issue on which Keith takes the administration’s side:

Furthermore, the method of a “card count,” a process in which GESO representatives solicited support for unionization by approaching eligible TAs, is hardly a fair way of gauging the graduate community’s interest in unionization. The card count allowed for the possibility of intimidation and coercion — both well-worn GESO tactics according to some graduate students.

Card count neutrality agreements provide workers a measure of protection against the employer intimidation made possible by the asymetrical power relationship in the workplace. As Kate Bronfenbrenner’s research demonstrated, majorities of workers during NLRB election processes strongly fear losing their jobs if they vote for the union, and a third who vote against the union themselves identify their vote as a response to employer pressure. That’s why politicians of both parties are pushing the Employee Free Choice Act in support of card check processes. That said, GESO’s demand for years was an agreement with Yale on a fair process whose results both sides would follow. But Levin, while with one breath telling GESO only an NLRB process was acceptable, that “democracy means elections,” with the other maintained that he would appeal the results of any election, leaving the ballots uncounted and impounded, as his allies in the Penn, Brown, and Columbia administrations have done in response to NLRB elections there. Democracy means following the results of elections. And as I’ve said before, I don’t think a graduate school in which students refrain from trying to win over students who might disagree with them on the issues they face is one living up to the values of liberal education. If you think it’s hard being an anti-union graduate student in a department where most of your peers are in the union, trying being a union member whose research funding depends on a supervisor who hates the union. Now imagine that situation if, say, losing your research funding means being deported out of the country. The plight of international students is, incidentally, one of many issues on which GESO’s lobbying has successfully brought change from the administration. But Keith isn’t too keen on GESO’s issue agenda either:

GESO has become increasingly involved with locals 34 and 35 on issues that are at best tangentially related to graduate student organization…Duped by that word “union” and the “Norma Rae” fantasies of some Yale graduate students — or more likely, attracted to the opportunity of political allies in the fight against the Yale administration — members of the real unions locals 34 and 35 attended the December meeting, dutifully holding up signs and chanting in support of the new “union” of graduate students.

This is the classic “narrow agenda/broader agenda line of argument Yale’s administration has been firing at its unions for at least as long as Keith and I have been at Yale: Either the unions are parochial institutions only narrowly concerned with their members’ wages and benefits who could care less about the greater good, or they’re shadowy, expansive conspiracies with designs to meddle everywhere they’re not wanted. The truth is, unions best protect the rights of their own workers and of all Americans when they have broad agendas. That’s why the trade union approach of the CIO did more for American labor, and for America, than the craft union approach of the AFL ever could. GESO is right to recognize that fighting for graduate student workers means fighting for their rights as immigrant workers against capricious deportation. And GESO is right to recognize that graduate student workers’ voices are most powerful, and their interests are best represented, when they stand together with other Yale employees on issues of common concern, like diversifying Yale’s workforce and supporting working mothers. And members of Locals 34 and 35, far from being the ignorant dupes Keith labels them, are right to recognize that their rights as workers are best protected and advanced by safeguarding the right to organize for all Yale employees and joining them in struggle over common challenges. That’s why, for so many in Yale’s service, maintenance, and clerical workforce, it rings hollow when Dan Koffler argues that:

The suggestion that Ph.Ds in waiting have a common class interest with lifelong wage-laborers, least of all Yale Ph.Ds in waiting, is an unfunny, borderline obscene joke. It is, moreover, a notion that can only hurt the cause of real workers.

As I argued here before, the salient question is not and should not be whether a teaching assistant or a secretary is more exploited or more sympathetic. The question is, do these workers face common challenges? And out of these common challenges, how do they find common cause and better effect progressive change in their own lives and in Yale as an institution? The argument that different kinds of workers should keep to themselves is not new. It was a hallmark of Yale’s anti-union campaign against clerical and technical workers before Local 34 was finally recognized in 1984. Unions are all well and good for the largely male, largely minority, blue-collar workforce of Local 35, Yale clerical and technical workers were told, but are they really the kind of institutions that Yale’s “pink-collar” clerical and technical workers should be associated with. Local 34 and Local 35 stood together, in the face of threats of reprisals against Local 35 by Yale’s administration, and after Local 34 won its ten-week strike and its first contract, Local 35’s new contract was settled quickly once Local 34 made clear its intention to stand in support of Local 35. That’s what winning looks like. And so it’s strangely appropriate how Keith chooses to end his article:

…we know whom they truly stand for: themselves.

Yes, graduate students signing union cards are standing for themselves, and for each other. And because many undergraduates see themselves as future graduate students, its understandable that those who believe in a comfortable dichotomy between service and self-interest have more trouble getting on board with GESO. But now more than ever, in the face of the growing casualization of the academy (a trend which makes Dan’s description of graduate students as “YalePh.D.s in waiting” more misleading), graduate students are right to organize for better working conditions and a better university, and others in the Yale community are right to stand with them.

The founders:

…no religious test shall ever be required as a Qualification to any Office or public Trust under the United States. (Article VI)

The President:

I don’t see how you can be president at least from my perspective, how you can be president, without a relationship with the Lord.

Watching the Gonzales Confirmation Hearing:

11:30: So far, the GOP Talking Points on the challenge to the vote count and the Gonzales nomination, respectively, seem to be “Don’t listen to them because they’re whining and you’ll just become confused,” and “He was just a lowly bureaucrat up against a Big Bad Justice Department.”

11:40 Gonzales: The abuses which we all object to, no one supports.

11:45 Gonzales: The Geneva Convention only works as a universal human rights standard if it only applies to some people.

11:54 Gonzales: At least we don’t cut people’s heads off. (Talk about defining deviancy down)

12:02 Gonzales: It’s not that I don’t offer my own opinions, it’s just that the Department of Justice is very persuasive.

12:07 Gonzales: If I didn’t mention in my memo to Bush on whether to execute this guy that his lawyer slept through the trial, it must be that we’d realized it was frivolous.

12:12: Senator Cornyn (R-TX): If people disagree with you on torture, it’s because they don’t want to win the war on terror as much as you.

12:13 Cornyn: They say you haven’t given you the documents you want, but they have given us these two file folders which seem to have lots of pages in them.

12:17 Gonzales: If there was a possibility of you all reading my candid advice, I might give different candid advice.

12:18 Senator Schumer (D-NY): Of course we need a little less liberty these days. Only, maybe not this much less. And could you at least talk to us about it?

12:27 Gonzales: The Executive Branch has no opinion on whether the Legislative Branch should be able to filibuster its nominees.

12:31 Senator Brownback (R-KS): We need to do more to lower recidivism rates by helping prisoners to function in society…with Jesus.

12:34 Brownback: Sure there’s a first amendment, but porn is really unpleasant. I’d like to recruit your wife to look into it.

12:37 Gonzales: I wasn’t calling my colleagues judicial activists for wanting to force minors to get parental permission for abortion, I was just saying their conclusions were judicial activism.

12:42 Gonzales: What do you mean did my redefinition of torture encourage abuse? The majority of prisoners have not been tortured.

12:44 Gonzales: I don’t think we’re ever allowed to commit war crimes, but I’ll keep you posted.

12:45 Gonzales: The President hasn’t used his authority to disobey the law, but he has it.

Some will argue in the months to come that the Senate filibuster, insofar as it allows a minority of representatives to stop legislation a majority of representatives support (sometimes). When they do, remember that even more deeply-entrenched and far more problematic law which allows a minority of voters to get legislation passed (via their representatives) which a majority of voters oppose. Which one? The US Senate itself. In this case, as Nick Confessore observes that legal perversity means that even in the wake of the Democrats’ apparent drubbing in the Senate, Democratic Senators represent more Americans than Republican ones:

Brad Plumer calculates that the 44 Democratic senators (plus one independent) who will take seats in the Senate next year actually represent a majority of Americans, albeit a small one. (50.8 percent, if you give each senator half the population of his or her state.) Better numbers still come from Hendrick Hertzberg, who notes here that 41.3 million voters cast their votes for Democratic Senate candidates, compared with the 37.9 million who voted for a Republican. Add in the numbers for folks who weren’t up for re-election, and it turns out that 44 Democratic senators and one independent got the votes of 59.6 million voters, but the 55 Republicans only 57.6 million voters. This is, of course, a consequence of the Senate’s antimajoritarian nature, which privileges smaller-population states over larger ones, combined with the particulars of our current political era, in which Republicans tend to represent those states. But the bottom line is that, come January, Harry Reid will represent the interests of — and be responsible to — more Americans than Bill Frist…it should provide some backbone to the Senate Democrats as they confront the four years ahead, during which the White House and its allies in Congress will attempt to ram through fundamental changes to the American political system…The Democrats not only have the right to contest those policies, including through the parliamentary tactic of filibusters — in the most democratic sense, they have a duty to do so.

The Democrats’ challenge right now is to communicate that provisional ballots are not a legal technicality but an issue of civil rights. Keep in mind that the last election in which provisional ballots were consulted there, about 90% were counted. A good part of the past five days here has been about making sure low-income voters, who are disproportionately disenfranchised, understand and are ready to fight for their rights as voters. Under the Help America Vote Act, a citizen is a voter until proven otherwise. This is about equal protection.

Spent two long, energizing days here in Philly so far preparing and organizing canvasses of voters, calling new voters, making maps for E-Day and such. Three more to go. Everywhere energy is high. Philadelphia’s new registrations are overwhelmingly Democratic – no surprise, given the edge we have in Philadelphia, and among new voters – but, well, very overwhelmingly so. So are the sentiments of the folks we;ve run into all around the city. Of course, turnout is the name of the game. At least if you’re a Democrat. If you’re a Republican, it seems to be whatever the opposite of turnout is – turn in, perhaps? The reports are already coming in of nasty tactics to stop more of our folks from voting because, it seems, they can’t find any more of theirs to. So if you see, say, a sign in a low-income neighborhood saying your polling place has been changed, be skeptical. Or better yet, check it out and then call a lawyer.

Some quick thoughts on Bush’s speech last night:

I’d say in terms of rhetoric, this was neither his best speech nor his worse. He’s much more comfortable, and more charismatic, talking about anecdotes than about policy. Speaking of policy, if Bush has a bold domestic agenda for a second term, it’s hard to believe this was it. Making it easier for small business to buy healthcare like big business, simplifying the tax code, replacing overtime, tort reform – none of these seems to qualify as a big new idea. And he left us hanging on a basic question:

How can America both be “rising” and going down into a “valley below”?

FAIR questions the factuality of John Stossel’s hatchet job against John Edwards on 20/20 last week, and the justice of giving him the space to fulminate from the right each week without any counter-balance from the right:

How much of the increase in C-sections is due to medical judgment, rather than fear of lawsuits? Stossel doesn’t address the question. Dr. Luis Sanchez-Ramos, an obstetrics professor at the University of Florida, noted in the British Medical Journal (2/12/94) that “in Brazil and Mexico, where malpractice is not a problem, the caesarean section rate is still high.” Sanchez-Ramos suggested that profit may be another motive driving C-sections, pointing out that rates are higher in for-profit hospitals and with patients who have good health insurance.

But Stossel focused on lawsuits as the core problem: “So are women today suffering more pain, even risking their lives on unnecessary surgery, partly because lawyers like John Edwards scared doctors?” It’s a complex question, depending among other issues on how much of the surgery is actually “unnecessary.” But Stossel’s answer just assumes that trial lawyers are the villains: “Well, maybe all Edwards’ cases were good ones, but the fearful atmosphere that lawsuits create has far-reaching consequences.” That we should see malpractice suits as making doctors “fearful” rather than “careful” is something that the ABC journalist asserts rather than explains.

Of course, political candidates are fair game for criticism. But given Stossel’s politics, it’s unlikely that he will be doing a similar attack on George W. Bush or Dick Cheney this campaign season– certainly not one that fits in with their opponents’ talking points so well. (When Edwards was picked by Kerry, the Republican National Committee’s website headlined its response, “Who Is John Edwards? A Disingenuous, Unaccomplished Liberal And Friend To Personal Injury Trial Lawyers.”) When ABC’s parent company Disney refused to allow its Miramax subsidiary to distribute Michael Moore’s film “Fahrenheit 9/11,” company CEO Michael Eisner offered this rationale (5/5/04): “We just didn’t want to be in the middle of a politically oriented film during an election year.” So why does ABC air one-sided political commentary during an election year?

When I watched part of Stossel’s commentary on TV, I thought to myself “Maybe we should let both sides bring medical experts to argue their case to the jury. Except – we already do.” Conservatives are always claiming that their opposition to judicial decisions which limit the power of their constituencies is based in an abiding faith in democracy and a distrust of unelected judges. But in the same breath they argue for tort reform in order to protect those same constituencies from regulation by juries. And they gleefully marshall technocratic arguments to suggest that a sampling of “the people” shouldn’t be trusted to decide such cases. They’re stuck making that argument because for all the talk about Americans hating lawyers and malpractice suits, it isn’t trial lawyers who decide cases and determine damages. It’s a (not fully representative) sampling of the American people. So conservatives’ concern isn’t about democracy. It’s about power.

In a shameful, if unsurprising, assault on the right of all workers to organize, the Bush National Labor Relations Board overturns the historic and unanimous NYU decision recognizing graduate students’ right to organize with a 3-2 decision buying into the Levin-Simmons-Bollinger-Rodin line that graduate students employees, whose low-wage work makes the university function, are not employees with workers’ rights.  This is of course, what they used to say about public employees, about teachers, and about all workers before that.  None of which stopped those workers from courageously organizing anymore than this decision will be able to halt the national movement for graduate student unionization.  As the dissenting judges wrote:

…the majority’s reasons, at bottom, amount to the claim that graduate student collective bargaining is simply incompatible with the nature and mission of the university. This revelation will surely come as a surprise on many campuses -not least at New York University, a first rate institution where graduate students now work under a collective bargaining agreement reached in the wake of the decision that is overruled here…Today’s decision is woefully out of touch with contemporary academic reality.

Shame on the Bush administration for another callous and backwards slap in the face of all workers, and shame on the Yale administration for its years of lobbying for this result.

Matt Yglesias points out that most Americans don’t resent trial lawyers nearly as much as Republicans seem to think they do:

There are a lot more potential product liability plaintiffs than potential defendants — we all buy stuff, and relatively few of us own companies that make stuff. What’s more, if ordinary people really hated plaintiff’s attorneys, it’s hard to see how it would be possible to ever win these big jury awards that the “tort reform” crowd hates so much.

Indeed. And he channels Ruy Teixeira’s numbers to prove it. They’re encouraging. Not that long ago I was watching the old, bad movie The Devil’s Advocate whose premise is pretty much summed up in its plot, and whose end essentially argues that the devil’s scheme is to fill the world with lawyers so that sinners can get off easy. Personally, if I were devil, I’d follow Shakespeare’s advice and kill all the lawyers – all the better to remove all checks and balances and screw the masses, be it the profiled and wrongly accused or the victims of corporate malfeseance and crimminal wrongdoing the right loves to hate. Are there nasty lawyers out there? Of course. There are also a hell of a lot of nasty congressmen.

To inflict physical harm upon a woman is a crime against her and should be.

To inflict physical harm upon a woman such that you cause her to have a miscarriage, causing potentially devastating further suffering to her and denying her the chance to carry the fetus to term, represents that much greater a crime against her, and should be recognized as such.

To inflict physical harm upon a woman such that you cause her to have a miscarriage is not, however, a crime against the fetus, because the fetus is not a legally-protected person under American law. As I argued before, granting legal protections to a fetus inside of a woman’s body cannot but deny full legal protections to the woman in whose body the fetus is gestating. If the crimminal who assaults a pregnant woman is charged with abridging the rights to bodily integrity of a woman and an unborn child, then the rights to bodily integrity of the child mean that the rights to bodily autonomy substantively have no weight.

Everyone who supports the “Unborn Victims of Violence Act” passed today by the Senate and last week by the House knows what this is about, and to argue otherwise is an insult to voters’ intelligence:

“It’s not about abortion,” said Senator Lindsey Graham, Republican of South Carolina and an advocate for the bill in his previous years in the House. “It is about criminals who attack pregnant women.”

Very telling is the Republican response to an ammendment to protect the rights of women who suffer domestic violence:

Senators also rejected another Democratic amendment, one that would have required companies to provide unpaid leave for victims of domestic or sexual violence, a policy that Senator Patty Murray, Democrat of Washington, said was a better way to reduce crimes against women.

“Despite the rhetoric, they are not truly willing to do something about domestic violence,” Ms. Murray said.

This isn’t about protecting women from violence – this is about consigning women to be wombs who don’t have rights gestating people who do.

Following the condemnation of Israel’s extra-judicial assassination this morning by the UN, the EU, Canada, Britain, Denmark, Turkey, the Vatican, and others, White House Press Secretary Scott McClellan had this to say:

We are deeply troubled by this morning’s actions in Gaza.

Meanwhile, in the wake of the assasination, the Israeli government has made the unfortunate decision, despite the protest of the Foreign Press Association, to ban journalists with Israeli citizenship from entering Gaza to report