The Israel Project (TIP), a pro-Israel Washington-based group dedicated to educating the press and the public, is advising its supporters to invoke the United States’ immigration concerns as a general rule when discussing Israel’s “right of return” debate because it resonates with Americans’ fear of immigrants. Its 2009 Global Language Dictionary, described as “a manual on how to talk to journalists and opinion molders about the Arab-Israeli conflict,” states:
“Mass Palestinian immigration.” Thanks to 9/11 and the continuing threat of terrorism, Americans are particularly afraid of mass immigration of anyone right now. Comparing the challenges facing Americans in dealing with unrestricted immigration and Israel’s situation will be well received.
Thanks to 9/11 and the continuing threat of terrorism? You’d think the pro-Israel hawks would be a little more sensitive to the blatant exploitation of the violent deaths of thousands of people at the hands of hateful insurgents and the constant fear of future attacks.
Not only are TIP’s “talking points” shamelessly offensive, they’re also based on a total misinterpretation of the immigration issue in the United States. They’re debating that the “right of return” principle doesn’t apply to the thousands of Palestinian refugees and their descendants that were forced from their homes in Israel, which doesn’t really have anything to do with immigration at all. Secondly, the only people who are framing the immigration issue in America using scare tactics like the ones TIP invokes are anti-immigrant xenophones. Chances are someone like nativist Mark Krikorian isn’t going to help them win over any level-headed supporters. By appealing to the worse instincts of Americans, TIP isn’t contributing much to either the “right of return” or the immigration debate.
The Wonk Room has learned that the Senate Republicans intend to claim clean energy reform will make food prices skyrocket. The Senate Agriculture Committee Minority staff are working on an economic study that will purport to demonstrate the increased cost to food items from the American Clean Energy and Security Act.
The Senate Republican report will use Department of Agriculture models to calculate “increased costs to farmers” and the “potential cost increases for items like a loaf of bread.”
This is yet another iteration of the false concept that reducing pollution hurts the economy. Unfortunately for the Republicans but fortunately for America, this campaign is doomed to be junk economics. The Republicans will likely base their food-and-farm fearmongering on the junk analyses of the ExxonMobil-funded Heritage Foundation. Arguing that “for farmers, cap and trade is a permanent drought season,” Heritage claimed farm income would drop “over $50 billion in 2035.”
When one looks at the actual numbers of Heritage’s model, it turns out that farm construction costs and transportation equipment costs actually decline for the first decade of implementation. After 2020, their economic model projects those costs increasing by about 10 percent over the baseline by 2030.
But the Heritage analysis doesn’t actually model the American Clean Energy and Security Act, and assumes the value of the carbon market created by the bill simply disappears from the national economy. These and other basic flaws lead to outsized results that aren’t replicated by any nonpartisan analyses of the actual bill.
A more sober analysis of cap and trade by the Brookings Institution found no impact on agricultural sector costs, even though, like Heritage, their analysis also ignored complementary provisions of the actual legislation. As the Pew Center for Climate Change explains, agriculture has “much to gain from a comprehensive climate policy.”
The benefits for agriculture are consistent with non-partisan analyses of the actual legislation:
The Environmental Protection Agency found that the clean energy and global warming standards in the bill will lower electricity bills.
The Congressional Budget Office found minimal effects on both electricity and fuel prices, well below the increases of recent years caused by Bush-Cheney policies.
Both these analyses make conservative assumptions about the benefits of energy efficiency, the reduced demand for foreign oil and dirty coal, and wholly ignore the costs of inaction. By reducing our use of dirty fossil fuels, rewarding sustainable farming practices, and reducing the damages of global warming, clean energy policy will give American consumers a more secure and sustainable food supply as well.
One of the many options that the committee reportedly has on the table for covering a portion of the $1.5 trillion cost is applying a 1.45 percent Medicare tax to capital-gains and other non-wage income:
The proposal, modeled after a plan released this week by Citizens for Tax Justice, would force people living off investments to contribute taxes to the health-care system, said Steve Wamhoff, legislative director for the Washington research group…“If the only income Paris Hilton gets is capital gains, stock dividends, interest and other types of investment income, currently she is completely exempt from the one big tax we have right now that is dedicated to health care,” Wamhoff said. “We’re saying that probably doesn’t make sense.”
Estimates show that the measure would raise $100 billion over 10 years, but “the proposal is sure to draw fire from Republicans.” “Any proposal that increases the tax on capital income will ignite supply-side conservatives in opposition, as capital gains taxes are enemy number one,” said said Alex Brill, an economist at the American Enterprise Institute. “This is a tax increase that is easy for Republicans to attack.”
It might be an easy tax increase for Republicans to attack, but it should be an easier one for Democrats to defend. The Medicare payroll tax is the “one important tax we already have that is dedicated to funding health care, but it completely exempts wealthy investors whose income takes the form of capital gains, stock dividends, and interest.” Plus, dividends and long-term capital gains are currently taxed at a far lower rate than income earned by other means, with taxpayers in the 25, 28, 33, and 35 percent income tax brackets paying 15 percent. Before the Bush tax cuts of 2003, the capital gains and dividends rate for people in these brackets was 20 percent.
According to an analysis by Citizens for Tax Justice, if this change occurred, “most Americans would either see no tax increase at all or would see a tax increase of less than $100 a year.” More than 64 percent of the increase would be paid by the richest one percent of Americans, and more than 80 percent would be paid by the richest five percent. And for the tax to not unfairly hit moderate income seniors who live off of investment, some sort of senior exemption would need to be included.
Our guest blogger is Kera Bartlett, an intern with Business Leaders for Sensible Priorities at the Center for American Progress. Kera is a recent graduate of the Diplomacy and World Affairs program at Occidental College.
As Congress fights against the President and Defense Department to fund additional F-22 fighters, a reopened lawsuit alleges that producer Lockheed Martin has knowingly supplied defective F-22 Raptors to the U.S. Air Force since 1995.
The pending lawsuit, filed by Lockheed-trained stealth expert Darrol Olsen, accuses Lockheed of knowingly using defective coatings for the F-22 in the mid-1990s. To cover up the problem, engineers applied 600 lbs worth of extra layers, stressing the airframe and compromising its stealth capabilities.
Olsen further alleges that low-quality stealth coatings have not only worsened the radar and infrared visibility of the F-22, but that they have been a factor in dangerous and expensive accidents — as when a section of coating broke off and was sucked into an F-22 engine last year, causing over $1 million in damage.
While Olsen was fired for “failure to follow instructions” in 1999, his suit goes on to say that third-party reports indicate that the Raptor’s stealth protection “has not been remedied through the present date.”
So not only is Lockheed Martin getting $354 million of tax payer dollars per F-22, but they are defective and dangerous. A Washington Post article this morning also revealed that the F-22 can only be flown an average of 1.7 hours before it gets a critical failure. Maybe it’s better that we haven’t had to use them in real combat yet.
Shouldn’t we focus on making the producers fix the fighter jets we’ve already ordered before we give this weapons juggernaut more tax payer dollars to produce faulty jets?
Newt Gingrich’s for-profit Center For Health Transformation is sending around a petition email asking “whether members of Congress writing such legislation would actually enroll themselves in a new government-run healthcare option.” “Please sign below if you agree with Congressman Fleming that members of Congress who vote for a government-run healthcare plan should participate in the plan themselves and you agree with us to broaden this to include congressional staff,” the Center asks:
As health legislation continues to be debated, one has to ask whether members of Congress writing such legislation would actually enroll themselves in a new government-run healthcare option. Current draft healthcare legislation exempts members of Congress from the public plan option, allowing them to keep their existing plans.
Congressman John Fleming (LA-04) is asking this very question noting that public servants should be accountable and responsible for what they are advocating. He has created a resolution calling on members of Congress who support a public option to enroll themselves and encourage their colleagues to do the same. We support this resolution and broaden it to include congressional staff as well.
Of course, the Tri Committee discussion draft in the House does not specifically exempt federal employees — who receive coverage through the Federal Employees Health Benefits (FEHB) Program — from enrolling in the new public plan. Rather, the legislation treats the American government — the largest employer in the country — like any other large employer: it can enroll its employees in the Exchange (where they can choose a public health insurance option) after a period of 2 years.
From a logistical point of view and to those concerned about continuity of care, moving the 160 million Americans who receive employer-sponsored benefits into new plans would be a costly nightmare. The goal is to reduce immediate shifts but still preserve choice. For this reason, the House Tri Committee health care bill phases in participation in the Exchange when it goes into operation in 2013:
- Individuals and employers with 10 or fewer employees in 2013
- Individuals and employers with 20 or fewer employees in 2014
- Individuals and employers with more than 20 employees in 2015
On the whole, this argument is particularly disingenuous. Republicans are arguing that the public option would eliminate employer-sponsored coverage while undermining provisions designed to allow Americans to keep what the have. During mark-up of the HELP Committee’s legislation Sens. John McCain (R-AZ) and Tom Coburn (R-OK) went so far as to introduce amendments that would require members of Congress (and Congressional staff) to enroll in the public option.

Just last month, a bipartisan group of congressional leaders emerged from a White House meeting pledging to work together on reforming the nation’s immigration laws with one broad piece of legislation that would fix the broken immigration system once and for all. The meeting’s attendees seemed to agree that a “piecemeal” approach would be counterproductive and inefficient.
However, that didn’t stop a group of right-wing GOP lawmakers from continuing on what seems like a never-ending crusade to derail comprehensive immigration reform. Their latest attack came this week when Republican senators swamped the Department of Homeland Security $42.9 billion appropriations bill with a series of immigration enforcement-only amendments before comprehensive immigration reform could even hit the Senate floor. The bill passed yesterday evening, 84-6.
– Sen. Jim DeMint (R-SC) sponsored an amendment that would require 700 miles of fencing along the U.S.-Mexico border to be completed by the end of 2012. Concerns expressed by environmentalists and social activists that the border fence will unfairly target low-income landowners and harm the environment were brushed aside. The legislation passed Wednesday by a vote of 54-44, essentially bucking the Obama administration’s plans to cut border fence funds.
– Sen. David Vitter (R-LA) offered a separate amendment that would overturn DHS Secretary Janet Napolitano’s decision to rescind the Bush Administration’s troubling practice of sending Social Security “no-match” letters to employers with employees whose numbers don’t match the federal database. Labor unions claim the letters have been used by employers to threaten their workers and the ACLU has often pointed out that the system uses “notoriously incomplete and inaccurate Social Security databases to decide who is authorized to work.” The legislation passed yesterday morning.
– Sen. Jeff Sessions (R-AL) proposed an amendment that would make E-verify, an error-ridden online verification program, mandatory and permanent. The amendment passed by voice vote on Wednesday, and Sen Check Schumer’s (D-NY) effort to table it was dismissed yesterday, 44-53.
– Sen. Chuck Grassley (R-IA) also introduced an amendment that would allow employers to use E-verify to confirm the status of all their workers, not just the new hires that previous decisions had applied to. That wouldn’t be such a big problem if it weren’t for the possibility that E-verify’s error-rate could potentially lead to the accidental unemployment of hundreds of thousands of Americans in the midst of a recession. The amendment passed by voice vote last night.
While anti-immigrant groups are already toasting to the imminent failure of comprehensive immigration reform, immigration advocates remained calm and described this week’s actions as a “detour” and “political theater” that should be “taken with a grain of salt.” Either way, there’s an undeniable steep learning curve for conservative lawmakers who are slow to realize that they can no longer rely on an enforcement-only approach to immigration when the majority of their frustrated constituents want immigration laws overhauled inside and out. E-verify, no-match letters, and 700 miles of border fencing aren’t going to fix the immigration system. If anything, they further emphasize how broken it is.
Every week for the last several years, Palestinians from the village of Bilin, accompanied by Israeli and international supporters, have turned out to non-violently protest the Israeli separation barrier that has been built on their land. As with many other areas along the barrier’s path, the barrier in Bilin imposes enormous hardships upon Palestinian residents, separating them from some 60 percent of their farming land in order to create a perimeter around the nearby Israeli settlement of Modiin Illit.
Yesterday, Fox News reporter Reena Ninan was gassed by Israeli troops, along with the rest of the demonstrators.
Watch it:
Despite Fox anchor Megyn Kelly’s apparent amazement that there is, like, totally an occupation going on here, such brutal encounters with the Israeli military are a daily fact of Palestinian life.
Bilin resident Iyad Burnat is a Palestinian activist and founder of the Friends of Freedom and Justice in Bilin. Reached by phone, Burnat described the scene at the protest: “When we got there today, the Israelis just started shooting tear gas. Why are they shooting at non-violent demonstrators? We are people with our hands up, we are protesting the confiscation of our land.” Burnat said that the barrier “is not a security wall, this is just to confiscate more land, and build more settlements on our land.”
Burnat described the frequent Israeli Defense Forces (IDF) incursions into Bilin, saying that “every night we have the IDF invading the village, searching the houses, arresting people from Bilin. Why? Because we say to all the world that this is our land. The soldiers come in the middle of the night, shooting into the houses, where our children are sleeping.”
Burnat’s claims are borne out by video footage on this Bilin website, as well as by reporting done for Mondoweiss, which has previously covered the IDF’s late-night incursions into Bilin.
In April, 30-year-old Bassem Ibrahim Abu-Rahma was killed while protesting the Bilin barrier when a tear gas canister fired by the IDF struck him in the chest.
While there is a legitimate security justification for the barrier, there is no justification for building it on Palestinian land, other than as a mechanism for appropriating it. In a 2005 ruling, the International Court of Justice found that “the construction of the wall and its associated regime create a ‘fait accompli’ on the ground that could well become permanent, in which case, . . . [the construction of the wall] would be tantamount to de facto annexation” of Palestinian land.
In 2007, the Israeli Supreme Court ordered the government to reroute the wall near Bilin because the current route was “highly prejudicial” to the villagers and not justifiable on security grounds. In 2008, the Israeli court again rejected the placement of the wall and said it must be rerouted “as soon as possible.”
Follow Bilin on Twitter.
There’s evidently a bit of a tussle brewing between some Wall Street banks and the Treasury Department over the pricing of stock warrants that the government currently owns. Treasury received warrants — which are the right to buy stock at some point in the future — from the banks in return for TARP money, and I’ve noted before that Treasury could shortchange taxpayers by selling the warrants back to the banks for too low a price.
The banks, though, think Treasury Secretary Tim Geithner is expecting prices that are too high:
The Treasury has rejected the vast majority of valuation proposals from banks, saying the firms are undervaluing what the warrants are worth…J.P. Morgan Chase & Co. Chief Executive James Dimon raised the issue directly with Treasury Secretary Timothy Geithner, disagreeing with some of the valuation methods that the government was using to value the warrants.
There are two points to make here. The first is that I’m glad to see Geithner rejecting the banks’ initial offers. The system for selling back the warrants was designed in such a way that it almost guaranteed that the banks would lowball the price. If Geithner is truly telling the banks to take their offers and beat it, that’s an encouraging sign.
Second, this charge from the banks that Treasury is somehow overvaluing the warrants doesn’t hold much water. According to a report released today by the TARP’s Congressional Oversight Panel, Treasury has thus far sold warrants for 66 percent of their value. From the panel’s report:
Treasury has to date sold warrants only from smaller banks. In those sales, liquidity discounts are likely to be a major factor in a way that they are not likely to be for large publicly traded institutions. If, however, liquidity discounts or any other rationales are accepted as a reason for taking only 66 percent of market value for the full group of warrants Treasury holds, the shortfall to taxpayers could be as much as $2.7 billion.
JP Morgan has reportedly “waived its right to buy the warrants and will allow the Treasury to auction them in the public market.” This, in the end, is the best way for Treasury to dispose of the warrants, as it “has the benefit of stopping any speculation about whether Treasury has been too tough or too easy on the banks” and “permits the banks to bid for their own warrants — in direct competition with outsiders.” If the banks really think that Treasury is expecting too much, then they should all waive their buying rights and let Treasury put the warrants on the open market. Then we’d see whose valuation is right.
The fifty-member Blue Dog Coalition has written a letter to House Speaker Nancy Pelosi (D-CA) revealing “strong reservations” about the Tri Committee’s health care bill. “After reviewing the draft tri-committee health care reform proposal, we believe it lacks a number of elements essential to preserving what works and fixing what is broken,” the letter reads:
- Deficit Neutrality: “Paying for care reform must start with finding savings within the current delivery system and maximizing the value of our health care dollar before we ask the public to pay more.”
- Delivery System Reform: “The discussion draft fails to include adequate structural changes that will succeed in lowering costs and increasing value.”
- Rural Health: “We must not fail to address the underlying problems and inequities that plague rural providers.”
- Public Option: “A Medicare-like” public option would negatively impact hospitals, doctors and patients…using Medicare’s below-market rates would seriously weaken the financial stability of our local hospitals and doctors.”
Democrats have already committed themselves to fully funding health care reform and the President has identified $632 billion worth of savings from within the system. Rahm Emanuel, who visited the Capitol twice this week to discuss health care proposals with House Democrats, has said Obama would prefer that money to pay for the legislation come from within the health care system — as he argued in a letter to Sens. Baucus and Kennedy — and OMB Director Peter Orszag is urging lawmakers to include “further cuts in the Medicare and Medicaid payments that hospitals receive for treating the uninsured. In fact, according to a CBO estimate of the Tri Committee bill, the draft would save some $500 billion from Medicare cuts.
More importantly, the letter contains an inherent contradiction: the Blue Dogs want to find more savings within the system — they’re asking for Delivery System Reforms and “maximizing the value of our health care dollar” — but they’re also asking the bill to spend more on rural health and physician reimbursement. And they are reluctant to support any legislation that moves us towards that goal, causes providers to lose revenue, or regulates the system to improve efficiency.
Consider their objection to a “Medicare-like” public option that reimburses providers 5 to 10 percent above Medicare rates. According to MedPAC, Medicare rates are adequate and consistent with the efficient delivery of services. In fact, over-payments by private insurers to health-care providers drives up overall costs. “Hospitals which didn’t rely on high payment rates from private insurers ‘are able, in fact, to control their costs and reduce their costs when they need to’ and ‘combine low costs with quality,’” Glenn Hackbarth, the chairman of MedPAC, said during recent testimony in front of the House Ways and Means Committee. Moreover, if the public plan pays bloated market rates, it will fail to offer lower premiums within the Exchange, and would cause the government to spend more money on subsidies.
Thus, as Pelosi said yesterday, “squeeze out what you can from the system — savings, savings, savings. … Otherwise the bill is endless.” In this case, the Blue Dogs are slowing down an effort that implements their principles for reform.
Our guest blogger is Michael Signer, the author of Demagogue: The Fight to Save Democracy from Its Worst Enemies. Signer was recently a candidate for the Democratic nomination for Lieutenant Governor of Virginia.
The neocons are rising, zombie-like, from the grave American voters dug for them in the last election. Untroubled by regret, much less shame, they’re already whetting their knives for the Obama administration, exploiting challenging events abroad — whether in Iran or Honduras — to rewrite their own history, on the one hand, and start to write Barack Obama’s, on the other.
At the moment, it’s about freedom and the right role for democracy in Obama’s foreign policy — fitting, given that democracy became the ostensible purpose of America’s foreign policy after President Bush’s second inaugural address in January 2005, when he said that “the calling of our time” was “the ultimate goal of ending tyranny in our world.”
Against such a bracing call, neocons are already attacking Obama for failing to live up to Bush’s dreams. Witness the intellectual spasm this week by Jonah Goldberg in USA Today. Goldberg, the author of Liberal Fascism (a sales target-title in search of a nonfiction book, if ever there was one) argued that President Barack Obama has abandoned democracy promotion as “ideology,” for the sake of a purportedly undemocratic “pragmatism.”
Goldberg attacks Obama for a “cynical” policy in Iran and, in Honduras, for having “no problem with meddling when a left-wing agenda is advanced,” and concludes, “It sure seems like Obama has an ideological problem with democracy.”
It’s understandable that the neocons are confused. Like the Neanderthals wandering a human world in Jean Auel’s novels, they’re dangerously out of date. What Goldberg doesn’t understand is that a new, more modern goal underlies Obama’s more sophisticated effort to achieve democracy around the world –constitutionalism. More »
Welcome to The WonkLine, a daily 10 a.m. roundup of the latest news about health care, the economy, national security, immigration and climate policy. This is what we’re reading. Tell us what you found in the comments section below, and subscribe to the RSS feed. Also, you can now follow The Wonk Room on Twitter.

The USAF’s F-22 fighter has recently required more than 30 hours of maintenance for every hour in the skies, pushing its hourly cost of flying to more than $44,000, a far higher figure than for the warplane it replaces, the F-15, confidential Pentagon test results show.
President Obama is due in Ghana today, “generating excitement in the west African nation and envy among its neighbors with many seeing his visit as sending a message to governments over their poor records on stability. President Obama says he chose Ghana partly because of the country’s commitment to democracy.”
An Iranian regime crackdown since the re-election of hardline President Mahmoud Ahmadinejad in a disputed vote four weeks ago “has failed to keep supporters of his defeated challenger off the streets of Tehran.”
Senate Majority Leader Harry Reid (D-NV) told E&E News he plans “to send a final comprehensive energy and climate change bill to President Obama’s desk before U.N. climate negotiations conclude this December in Copenhagen, Denmark,” while Sen. Jim Inhofe (R-OK) argues there’s “not any way in the world” that it will pass the Senate.
At the G8 Summit, U.S. climate envoy Todd Stern told reporters “the status quo is not a sustainable thing,” building a low-carbon economy is “the right economic move to make,” because the “high carbon path is simply untenable.”
“Rising seas, a rapid weakening of the Indian monsoon and spiraling costs of adapting to a warmer, drier world are just some of the looming risks from rapid climate change,” a report for the Australian government says.
Yesterday, the U.S. Senate approved a $42.9 billion Homeland Security appropriations bill which focused on beefing up the border and enforcing immigration laws.
As California’s lawmakers struggle to fix their $26.3 billion budget deficit, the state is looking at cutting the benefits of undocumented immigrants and their U.S. citizen children.
The U.S. House of Representatives voted to appropriate $200 million for Secure Communities, an immigration enforcement program that checks the fingerprints of all arrested individuals against immigration databases before they are even determined to be guilty of a crime.
Yesterday, Treasury Secretary Tim Geithner and HUD Secretary Shaun Donovan “scolded the heads of the country’s largest banks,” telling them to pick up the pace of mortgage modifications under the Making Home Affordable program. “We believe there is a general need for servicers to devote substantially more resources to this program for it to fully succeed,” they said.
AIG is asking the Obama administration’s compensation czar “whether it should pay previously agreed-to retention bonuses, including about $235 million pending for employees at the insurer’s controversial financial products unit.”
Are speculators driving up commodity prices? George Korniotis at the Federal Reserve says no.
Rep. Henry Waxman (D-CA), who chairs the House Energy and Commerce Committee, predicted that the House of Representatives will not pass a health care bill without a strong government-run health insurance option.
Yesterday, Senate Finance Chairman Max Baucus (D-MT) held a private meeting with key Finance panel negotiators on health care reform and expressed optimism that discussions toward a bipartisan bill remained on track.
Ezra Klein has an inside look at the Senate Finance Committee’s revenue options.
During today’s mark-up session of the HELP Committee’s health care proposal, Republicans introduced at least seven amendments designed to lower the subsidies available to Americans who purchase coverage through the Exchange. Sens. Mike Enzi (R-WY) and Judd Gregg (R-NH) both argued that Americans above 250 percent of the Federal Poverty Level (FPL) — or $45,775 for a family of 3 — could easily afford health care coverage:
- Enzi 200: To eliminate subsidies for those above 250 percent of poverty
- Enzi 201: To eliminate subsidies for those above 250 percent of poverty
- Enzi 202: To provide for reductions in subsidies
- Enzi 211: To limit subsidies to those below 250 percent of poverty.
- Enzi 251: To limit subsidies to those below 250 percent of poverty
- Gregg 223: To limit subsidies to those below 200 percent of poverty.
- Roberts 203: Limiting Premium and Cost-Sharing credits to people below 200% of FPL
Watch a compilation:
In reality, millions of Americans at about 250% FPL are struggling to afford skyrocketing health care costs. A recent study concluded that medical debt contributed to 62 percent of U.S. personal bankruptcies in 2007 — and 78 percent of bankruptcy filers had health insurance but “still were overwhelmed by their medical debt.“ One in five Americans had trouble paying their health care bills in 2007 and even moderate levels of out-of-pocket spending — spending that is as low as 5 or 10 percent of family income —created medical bill problems.
Health care reform must end medical debt and medical bankruptcy, but Republican affordability measures are simply insufficient. The question of affordability is two-fold: which income levels do we subsidize and how much subsidies should the eligible families receive. While the cost of living varies widely across the country, on average, a family of three would need at least $37,919 – or about 200% FPL – to afford their basic necessities not including health care costs. So families up to 200% need to be subsidized, but who else?
Well, researchers suggest that families that spend more than 5-9% of their gross income on health care begin confronting affordability problems. As Karen Pollitz points out, “depending on what premiums are charged for qualified health benefit plans” subsidies capped above a certain level “may prove to be insufficient to ensure affordable health care for all Americans.” Congress “might consider instead a rule that no individual or family will have to pay more than 10 percent of income on health insurance premiums….cutting subsidies off entirely at an arbitrary income level can leave families vulnerable,” she says. Families at approximately 500% FPL ($110,250 for a family of four), however, can typically afford the cost of coverage.
Of course, the entire goal of reform is to slow the growth of health care costs and lower premiums for families. In this sense, subsidizing coverage — that is, making sure that every family can afford to access needed services — is a way of saving money in the long haul. After all, the billions we’re spending on subsidies is a small fraction of the $40 trillion we’re projected to spend on health care in the next ten years if we fail to slow the growth of spending.
Some right-wing blogs have been pushing a USA Today analysis — which found that counties that supported President Obama in the election are getting more stimulus money, per person, than counties that backed John McCain — to claim that the stimulus is actually “an Obama-supporter-payoff scheme.” Steve Benen noted, though, that the conservatives crowing about this article clearly didn’t read all of it, as it includes these sections:
Much of [the money] has followed a well-worn path to places that regularly collect a bigger share of federal grants and contracts, guided by formulas that have been in place for decades and leave little room for manipulation…The imbalance didn’t start with the stimulus. From 2005 through 2007, the counties that later voted for Obama collected about 50% more government aid than those that supported McCain, according to spending reports from the U.S. Census Bureau.
Adam Hughes, the director of federal fiscal policy for the non-profit OMB Watch, explained that “it would be almost inconceivable for [the spending imbalance] to be the result of political tinkering.” But did this stop Fox News from picking up the story and promoting it in the exact same way as the right-wing bloggers? No, of course not.
Today, Fox News’ Stuart Varney premised an entire segment on the right-wing’s false claim, and wouldn’t concede the point, even when former Texas Rep. Martin Frost referenced the above sections of the USA Today story. Watch it:
A fair reading of the article supports the simple conclusion that economically-distressed areas voted for Obama.
This is not the first time that Fox has picked up a conspiracy theory from conservative blogs and run with it. But it’s a particularly egregious example since the second paragraph in the referenced article counters the conspiracy. Sean Hannity sent out a tweet about the non-story today.
Cross-posted at ThinkProgress.
The Senate Judiciary Committee has released the list of witnesses who will testify at Judge Sotomayor’s confirmation hearings, thereby telegraphing much of their anti-Sotomayor strategy in the process. Based on their lineup, it’s clear that Republicans plan to follow five lines of attack:
Front and center in the list of GOP witnesses is Frank Ricci himself, the New Haven firefighter whose promotion test results were set aside by that city, along with Ben Vargas, a lieutenant in the same fire department and Ricci’s co-plaintiff in his now-famous lawsuit. The list also includes Peter N. Kirsanow, a George W. Bush appointee to the U.S. Commission on Civil Rights (and former witness in support of nominees John Roberts and Samuel Alito), and Linda Chavez, a former Reagan and Bush I Administration official and the head of a leading anti-civil rights organization.
From this list, it couldn’t be clearer that the Ricci case will be the point of the conservative spear against Sotomayor. While Kirsanow and Chavez can be expected to testify like the GOP political operatives that they are, expect Ricci and Vargas to offer compelling statements. By all accounts, both men were caught in unfortunate circumstances that they did not cause, and there is no indication that they are anything other than dedicated firefighters. In other words, Republicans hope that the American people will be moved by Ricci and Vargas’ testimony and wonder why Sotomayor did not show more empathy for their circumstance. The reason, of course, is that Sotomayor was following a binding precedent, and judges aren’t free to ignore the law simply because they are faced with compelling plaintiffs.
Recently, Senator Jeff Sessions (R-AL) gave a floor speech claiming–falsely–that some judges believe that foreign court decisions should govern U.S. law. No one, including Judge Sotomayor, believes this. Nevertheless, the witness list includes Neomi Rao, Nick Rosenkranz and John McGinnis, all right-wing international law professors who are likely to share Sessions’ delusion. David Rivkin, an advocate of limitless executive power, may also testify on the subject of foreign law.
Next up are former NRA President Sandy Froman, along with David Kopel and Stephen Halbrook, both of whom work on Second Amendment issues for the right-wing Independence Institute. All three of them will probably make the false claim that Sotomayor was hostile to the Second Amendment when she followed a binding Supreme Court precedent holding that the Second Amendment does not apply to the states. Apparently, the law is optional when you are a conservative.
Ilya Somin is a radical libertarian law professor who filed an amicus brief asking the Supreme Court to reverse Sotomayor’s decision holding that land developers must file their eminent domain claims within the three year statute of limitations. The Supreme Court did not take Professor Somin up on this offer; apparently land developers have to follow the same laws as everyone else.
Possibly the most interesting thing about the GOP’s witness list is that it only contains one anti-choice witness, Charmaine Yoest of Americans United for Life–additional evidence that cultural issues are losing their salience in American politics.
Additionally, the witness list contains one oddball, a management consultant named Tim Jeffries. It’s unclear exactly what Jeffries has to contribute to this discussion.
When the Department of Justice (DOJ) began investigating Arizona Sheriff Joe Arpaio’s Maricopa County Sheriff’s Office (MCSO) following racial-profiling allegations, Arpaio said “bring it on.” Now, four months later, he has announced that he will no longer cooperate with DOJ officials. Instead, Arpaio, with the help of attorney Robert Driscoll, has filed a tit-for-tat request with the DOJ’s Office of Professional Responsibility to investigate the DOJ’s investigation of him.
Arpaio thinks the DOJ’s actions are politically-motivated and thus refuses to open up his doors so that the DOJ can “come in and find something.” At a press conference hosted yesterday, Arpaio complained that the DOJ is being a bully, saying “Don’t pick on me to show you’re doing something. If you’re going to do it, pick on someone that’s guilty — there’s a big difference here.” Arpaio’s lawyer also put his foot down and said, “there will be no wholesale cooperation until they can articulate what, specifically, he did wrong.” Driscoll explains:
“This case puts the constitutionality of the 287g program squarely into question and is therefore incumbent upon the federal government to defend its own statutes. Instead, the federal government is choosing to go after the Sheriff’s Office and the deputies who enforce their statute to the letter.”
However, the DOJ isn’t “going after” Arpaio for participating in the 287g program which gives local law enforcement officials the power to enforce federal immigration laws. They’re concerned about the way in which his office is implementing it. Sheriff Arpaio has had 2,700 law suits filed against him between 2004 and 2007 — 50 times the number of New York, Los Angeles, Chicago and Houston combined. The majority of inmates in his jails are, not surprisingly, Latino males. Also, you’d think being a hot-shot Washington lawyer, Driscoll might realize that the DOJ is in the process of conducting the investigation precisely to find out what, if anything, Arpaio has “done wrong.” Without Arpaio’s cooperation, it’s conveniently unlikely that they’ll come to a conclusion any time soon.
An Arizona local news station also brought Arpaio’s blatant hypocrisy to light. Not only did the Sheriff tell the DOJ, “be my guest” when the investigation began, he also attacked the Maricopa County Board of Supervisors for not cooperating with his own investigation of them. Watch it:
Maricopa County Supervisor Mary Rose Wilcox stated that Arpaio’s investigation of her was also politically-motivated, saying he was trying to intimidate her with a “vendetta” over her criticism of the way he enforces immigration.
On this date in 1999 — the 18th of Tir in the Persian calendar — Iranian riot police and Basij militia brutally cracked down on student demonstrators in Tehran, leading to five days of the largest protests in the history of the Islamic Republic — that is, until those of June 2009.
“Without July 1999,” writes Shirin Sadeghi, “there could never have been June 2009. What the students courageously started then, has led to a massive and pervasive movement that encompasses all Iranians. The students are no longer alone in their struggle for change.”
Several thousands of protesters took to the streets of Tehran today to mark the 18th of Tir, and Iranian riot police again responded with tear gas and truncheons.
On a press call organized by the Huffington Post, three Iranians discussed the significance of this day, and the future of the Green movement in Iran.
Iranian human rights activist Fatemeh Haghighatjoo, who was a member of the Iranian parliament from 2000 to 2004 and is currently a visiting scholar at the Center for Women in Politics and Public Policy at the University of Massachusetts, noted that, while today’s protest have not been as massive as those in the immediate wake of the elections, they have been large, with demonstrators from all walks of life carrying green signs to signify unity.
Iranian filmmaker Mohsen Makhmalbaf, the official spokesman of Mir-Hossein Moussavi’s campaign abroad, reviewed the history of student movements in Iran, noting that “even before the Islamic revolution the student movement was big part of the movement against shah, [and] students have continued to be pioneers in the peoples’ movement.” The Green movement, Makhmalbaf said, “is a continuation of the student movement of 1999 — it’s just become more widespread, more people participating”:
What we lacked in Iran was not people’s knowledge of repression, but courage. That is what they have found. If the students were pioneers it’s because they were more courageous, [but] the people have regained their courage because they have regained their solidarity and common spirit.
We owe this to two things. People took part in elections in unexpected numbers, [and] this let them know that they are united in what they seek. The second were the rallies after elections, [which] allowed people to see and believe that they are not alone. When they chant “Don’t be afraid, we are all together,” it has a profound meaning — it is a response to the feeling that the government had tried to install in them, to make them feel alone in their desire for a freer society.
Hamid Dabashi, a professor of Iranian Studies and Comparative Literature at Columbia University, stressed how significant it is, both in religious and constitutional terms, that “leading clerics have taken sides with the Green movement.” Because of Supreme Leader Khamenei’s relatively meager scholarly credentials, he “is not even in position to prevent [other clerics] from passing judgment,” as the Association of Researchers and Teachers of Qom did last Friday. “Khamenei’s official position as Supreme Leader has no bearing on his junior position as a jurist,” said Dabashi. “He’s not in a position to disallow the clerical challenge to his authority. ”
Haghighatjoo added that “according to the Iranian constitution, the supreme leader has a supervisional authority over other branches of government, and should be a national authority or symbol. According to the constitution,” key characteristics of the supreme leader’s role are defined as “justice and impartiality.” But in recent events, Haghighatjoo said, Khamenei, by openly siding with Ahmadinejad and his supporters, has “lowered his position” down to that of a “leader of a rogue extreme faction in the Iranian political spectrum.”
Haghighatjoo ended with a call to Western journalists to “please pay attention to plight of imprisoned people in Tehran. They’re being tortured, [their] lives are in danger. Keep them in the news, let the world know… Ask for pressure on Iranian leadership to release prisoners.”
This week, at least two separate articles — on in the New York Times and the other in the Washington Post — argued that the controversy surrounding the recent compromises between the health insurance industry and the Obama administration actually retarded reform efforts:
- The short-term political benefits are clear. Senior White House officials say the deals are building momentum that will help propel the health care legislation past potential opponents in the private sector and on Capitol Hill…But some lawmakers said the deals, while seemingly helpful, could raise false expectations by obscuring how much the industry is demanding for its concessions. [NYT, 7/7/2009]
- No single development appeared likely to kill Obama’s signature domestic agenda item, but the relentless barrage of challenges that seemed to hit hourly served to demonstrate why no president since Lyndon B. Johnson has been able to enact large-scale health legislation. [Washington Post, 7/9/2009]
The new deals should be openly scrutinized, but they also suggest that the health insurance industry is betting that the momentum is on the side of reform. As Jonathan Cohn has pointed out, “the drug and hospital industries are making a more important pledge: They are suggesting they will go along with legislation that changes the way they are paid.” Not only do lawmakers now have the industry playing on their side — as a posed to running attack adds — but they have also have $235 billion to invest in the system.
The back and forth we hearing about the details of each agreement is a legitimate consequence of progress. Only those who believed that the legislative process would be a smooth and seamless ride, can interpret the current process as incredibly troublesome. After all, the legislative process will produce many proposals, different amendments and varying coalitions. The challenge, for both conservatives and progressives, is to resist the knee-jerk over-reaction that characterize every minor disagreement or compromise as a death blow to reform. It’s what democracy looks like.
House Democrats on the Ways and Means Committee are reportedly considering a two percent surtax that “would apply to individuals with adjusted gross income of more than $200,000 and couples over $250,000″ to help finance health care reform. The committee needs to “come up with $600 billion in new taxes to deliver on President Barack Obama’s goal of sweeping changes to the nation’s health care system” and this tax is just one option for raising the needed revenue.
Remember that in order to pay for approximately $1.5 trillion worth of health care reform, most progressives propose a mix of sources, including reducing excessive or wasteful spending in Medicare and Medicaid and modernizing the health system by implementing electronic health records and instituting payment reform. Additional revenue from the employer mandate and new taxes would generate more than $400 billion. This basket of pay-fors provides Congress with a menu of options, making fully financed health care reform more probable.
The proposed surtax would target adjusted gross incomes (AGI), or all earnings before subtracting for itemized deductions and exemptions. According to calculations from Citizens for Tax Justice (CTJ), about 2.4 percent of taxpayers would be affected by the proposed surtax.
The benefits of using a surtax to pay for reform are two-fold:
1) Because it is calculated directly from AGI, the new tax would not add greater complexity to the tax code.
2) It’s fairer than raising the income tax rate, because AGI is inclusive of income from capital gains and dividends, which are taxed at a much lower rate than work income.
Under the CTJ calculations, a household making about $250,000 would see an average tax increase of $536, while a household making $1.5 million would see an increase of almost $19,000. The tax would raise about $375 billion over the next decade (the House version is only looking for approximately $250 billion), and “would target those Americans who received the bulk of the benefits from the tax cuts enacted during the Bush years.”
However, unlike the Obama administration’s proposal to limit itemized deductions for the richest Americans in order to raise money or capping untaxed employee health benefits, a surtax doesn’t address already existing problems in the tax code. As Matthew Yglesias explained, “when possible, it’s better to raise money by broadening the tax base — curbing loopholes, deductions, and exemptions — than by simply raising the rates.” If a surtax is seriously being considered by Congress, it makes little sense to simultaneously dismiss the proposals to limit deductions or cap benefits out of hand.
– Pat Garofalo and Igor Volsky

Rep. Brian Bilbray (R-CA)
The California Taxpayer Protection Act of 2010, as it is called, is referred to as a bill for “real world citizens.” What that means, apparently, is that the American-born children of undocumented immigrants would be denied a standard birth certificate and would instead receive a “Foreign Parent” certificate. In order to even register for a birth certificate, undocumented parents would have to provide fingerprints and information that would be reported to federal authorities for deportation. The same applies to parents seeking benefits for their children. However, in their eagerness to rid California of its immigrant population, Bilbray and the bill’s supporters didn’t consider the possibility that most undocumented mothers and fathers will instead choose not to report their child’s birth or seek needed medical care at all, and instead go deeper underground.
Bilbray’s birdbrained 14th Amendment schemes aren’t just impractical, the idiocy of his arguments is insulting. According to Bilbray:
“It is an urban legend that everybody born here is an automatic citizen. When international diplomats are here in the U.S. and they have children, they are not given citizenship…You can’t get a million dollars from your parents if they don’t have it. If your parents have nothing you inherit nothing…This extreme abuse is why we need to get back to the Founding Fathers meaning of immigration. Why are we providing services for Tijuana and not La Paz?”
Urban legend? Actually, in case anyone needed clarification, the U.S. Supreme Court explicitly ruled in United States v. Wong Kim Ark that anyone born in the United States would be a citizen regardless of their parents’ nationality. Also, as Joshua Holland of Alternet points out, the 14th Amendment only applies to those “subject to the jurisdiction of the United States.” The children of diplomats, however, are subject to diplomatic law. In his support of the proposed California legislation, Bilbray also randomly cited the Calvin Case of 1608 which stipulated who would be considered “loyal English subjects” that enjoyed the King’s protection.
Bilbray was paid $300,000 by the anti-immigrant hate group Federation for American Immigration Reform (FAIR) to promote their racist views on the Hill, according to Holland. Now he’s getting paid by the federal government to wage a xenophobic attack on its own constitution. The language of the petition to pass the California bill reads:
“The initiative’s laws will REQUIRE issuance of the official ‘CALIFORNIA BIRTH CERTIFICATE’ for births to ONLY baptized Christian, Jew, or both, citizens and legal permanent residents. Birth to Foreign Parent document issued to all others…Our citizens’ movement will launch the national debate we need to bring an END to illegal ‘birth tourism’ and AUTOMATIC CITIZENSHIP in the United States of America. The movement will uphold the recorded words and real intent of God, Jesus Christ, and the authors of our Constitution.”
Bilbray’s mother emigrated from Australia to the U.S. as a non-citizen. He’s conveniently “carved out exceptions” that would apply to him in all the bills he’s written and backed.
In what may be the most unusual hit on Judge Sotomayor to date, the Washington Post has a long article today attacking Sotomayor because her opinions are too detailed:
During nearly 11 years on the federal appeals court in New York, Sotomayor has made herself an expert on subjects ranging from the intricacies of automobile mechanisms to the homicide risks posed by the city’s population density. Her writings have often offered a granular analysis of every piece of evidence in criminal trials, and sometimes read as if she were retrying cases from her chambers.
Legal experts said Sotomayor’s rulings fall within the mainstream of those by Democratic-appointed judges. But some were critical of her style, saying it comes close to overstepping the traditional role of appellate judges, who give considerable deference to the judges and juries that observe testimony and are considered the primary finders of fact.
The Post’s hit on Sotomayor is ironic in light of the fact that conservatives have spent the last several weeks claiming that Sotomayor’s decisions aren’t detailed enough, but it nevertheless lacks merit. Of course, Sotomayor should be praised, not attacked, for writing detailed and well thought out opinions; but the Post also reaches its conclusion by looking at a skewed sample of her decisions that includes the cases where a judge is most likely to be particularly detailed in drafting an opinion.
For starters, the Post only reviewed Sotomayor’s decisions in cases where at least one other judge disagreed with her and wrote a separate opinion. But such cases are a terrible measure of how detailed a judge’s writing usually is. When a judge is forced to defend their decision against a dissenting colleague, they virtually always flesh out their opinion considerably to rebut any claims made by the dissent.
The Post also cites a handful of cases where Sotomayor reversed a trial court because she disagreed with its findings of facts. Although the Post is correct that appeals judges must give “considerable deference” to a trial judge’s fact finding, “considerable” does not mean “absolute.” Rather, an appeals court is supposed to reject a trial court’s factual findings when they are “clearly erroneous.” Moreover, it is exactly because of this high degree of deference accorded to a trial judge’s findings that appeals court decisions rejecting a trial court’s fact finding are often very long and detailed. Because an appeals court must have a very good reason to reverse a trial court’s factfindings, a sensible appeals judge will go into great detail whenever they do so in order to explain why they are taking this unusual step.
Interestingly, the Post’s piece quotes a former law clerk to ultra-conservative Justice Clarence Thomas, who explains that Sotomayor’s opinions are “extraordinarily thorough, and a judge would ordinarily be praised for writing thorough opinions.” Perhaps the Post should have listened to this former clerk’s advice before it published an absurd attack piece slamming Judge Sotomayor for being too good at her job.

