Wednesday, June 06, 2012

Mad CEI Men

The Competitive Enterprise Institute (perhaps best known for their pro-Carbon Dioxide ads -- tag: "They call it pollution. We call it life!" recently hosted a Mad Men themed fundraiser. The thesis is that Don Draper would be appalled by corporations always apologizing for this or that misdeed. Take BP. Sure they basically destroyed the Gulf of Mexico and nearly beset a flaming wall of alligators onto Louisiana. But that doesn't mean they should be apologetic. This is America, damn it!

As the writer notes, the CEI doesn't actually take Draper's mercurial spirit seriously enough, citing to his famous anti-tobacco letter that was as pure a business-oriented mea culpa as they come. Businesses run apologetic TV ads because, one presumes, they're better for business than the alternatives -- particularly for firms with unlovely reps. That's part of the market too -- sometimes, the market doesn't reward your testosterone fueled fantasies.

Tuesday, June 05, 2012

The Things You Can Do With a Shiny New Coalition

A recent dust-up in Israel comes in response to a Supreme Court decision demanding the evacuation of settlers in the Ulpina neighborhood, who built their homes on private Palestinian land. The settlers, of course, don't want to go, and there have been murmurings that the Israeli government would vote to retroactively legalize the settlement (which would put it on a collision course with the Supreme Court).

It seems like Netanyahu just put his foot down on that though: he's saying that any minister in his government who votes to legalize Ulpina will be fired. Two ministers (including one from Likud) have stated their intent to vote for it anyway, and I can't say I'll shed a tear if they depart.

So that's a good start to having a flexible, broad-based coalition. How about following up by evacuating some of the far-flung settlements that Israel knows it cannot keep?

Change Places!

Fascinating article on population shifts in Cleveland. Basically, it goes like this: Rust Belt cities have witnessed the hollowing out of the urban cores for decades now. This means that residential real estate in the city is dirt cheap. You know who loves cheap urban real estate? Young White people, who are flocking to the city as they can purchase houses at rock bottom prices that are very close to finally reflowering city neighborhoods.

Meanwhile, the collapse of the housing market in the suburbs has had its own effect on Black city residents -- they see this is their big shot to cash in on the American dream (nice house with a yard away from the city). So as we're seeing an influx of White couples into the city, we're seeing a transition of Black families out to the suburbs. The upshot? Far more integrated neighborhoods.

Monday, June 04, 2012

Dershowitz's Evolution Continues

A few weeks ago, I commented on Alan Dershowitz's experiences speaking at a "pro-Israel" gathering where attendees booed the President as well as members of Israel's security establishment whose views on Iran they found distasteful. Dershowitz was furious, but I noted that in a sense he was laying in a bed he had made -- it was Dershowitz, after all, who had supported Republican challenges to reliably pro-Israel Democrats like Rep. Jan Schakowsky (D-IL) for being too close to President Obama.

Still, his belated recognition that maybe he was backing the wrong pro-Israel horses is something to be encouraged. And we're seeing another step from Dershowitz as he takes to the Wall Street Journal to endorse (gasp) a settlement freeze. A settlement freeze! Signature element of President Obama's supposed apostasy. But now Dershowitz thinks it is a good idea, if done right (basically, paired with an immediate Palestinian return to the negotiating table, and lasting as long as they stay at the table). And he's right -- it is a good idea. But again, who exactly does he think will be his allies and who his saboteurs on this? He'll be backed up by the pro-Israel left and savaged by the right.

And once again, that leaves Professor Dershowitz with a choice regarding what he wants the future of pro-Israel to be. He can't straddle the line forever. He needs to take a breath, perhaps swallow his pride, and recognize who is and isn't his ally in the quest for rendering Israel a safe and secure Jewish democracy.

Sunday, June 03, 2012

Quote of the Day: Liberalism and Neutrality

Liberalism need not be defined by neutrality, nor by an unchanging list of individual rights which always and everywhere trump collective goals.... What keeps a society liberal is not that it retreats from any pronouncements on what constitutes the good life, but that, in pursuing its own conception of the good, it none the less respects those who disagree. 'A society with strong collective goals can be liberal, on this view, provided it is also capable of respecting diversity, especially when it concerns those who do not share its goals; and provided it can offer adequate safeguards for fundamental rights.'

Anne Phillips, The Politics of Presence (Oxford UP 1995), pp. 133 (quoting Charles Taylor, "Shared and Divergent Values," in Ronald L. Watts & Douglas M Brown, eds., Options for a New Canada (Toronto UP, 1991), pp. 71).

Friday, June 01, 2012

Big Boxing Weekend Roundup

This weekend has a lot of great action. Not to mention game two of the Stanley Cup Finals.

* * *

I posted this on my Facebook wall, but it's good enough for a double-dip -- David Hirsh does a beautiful job discussing the BDS campaign's treatment of Jews parallel to Shylock as BDSers tried to sabotage an Israeli production of The Merchant of Venice.

Peter E. Gordon has a fascinating review of a book detailing the history of the Catholic Church's Nostra Aetate.

"Memes are ridiculous!", he said, while unironically citing a meme.

The latest reports are that Stuxnet was a joint American/Israeli project aimed at sabotaging Iranian nuclear capacity.

Nancy Leong asks if diversity is for White people. She's got a cool paper coming out in the Harvard Law Review arguing that the diversity rationale has the effect of commodifying non-White racial identity. She thinks that's a bad thing, I am more circumspect about it.

J.J. Goldberg looks at several Jewish polls (including the one I discussed yesterday), finds that they're all saying very similar things (to wit, Jews are very liberal).

Thursday, May 31, 2012

Acid Attacks



In Afghanistan, one of the most horrifying elements of the Taliban's war on women is the use of acid attacks. Women who attend school, play sports, or otherwise behave in ways offensive to the Taliban's fundamentalist religious ethos are splashed with acid, causing excruciating pain and permanent disfiguration.

Most of us are appalled. But a spokesman for Rep. Nan Hayworth (R-NY) sees a metaphor. Posting on a local Democratic facebook page, Hayworth spokesman Jay Townsend said:
Let's hurl some acid at those female democratic [sic] Senators who won't abide the mandates they want to impose on the private sector.

Sickening.

Rep. Hayworth's office has not yet commented on the story.

Jews Are Liberal, Part Eleventy Billion

A new poll finds, once again, that Jews harbor opinions well to the left of the American mainstream on a host of issues. Nearly 70% favor gay marriage. Nearly 90% favor legal abortion in most cases.

And while it is sometimes asserted that Jewish social liberalism is balanced by economic moderation, that's only true as a matter of degree. Two-thirds support tax increases on persons making over $200,000/year, 62% feel that banks and financial institutions pose a "major threat", and 61% say they tend to favor unions over corporations when they hear about a strike (to be fair, when the corporations are run by guys like this, it's easy to root against them).

Oh, and on Israel/Palestine? No surprises there either. Jews tend to think Israel wants peace and Palestinians do not. But perhaps the most striking finding was their opinion regarding a settlement freeze. Though opinions were divided, a plurality of 40% believes that the Israel government should freeze settlements, versus only 22% opposed (39% are unsure).

Same-Sex Marriage as a Make-Up Call

As you may have heard, the 1st Circuit in an opinion by Judge Boudin just struck down Section 3 of the Defense of Marriage Act (defining marriage for purpose of federal law solely as existing between a man and a woman). Good commentary from Dale Carpenter and Ruthann Robson. Of course, everyone (1st Circuit included) expects this to be resolved by the Supreme Court.

And that got me to thinking. The swing vote, as always, is Justice Kennedy (though DOMA raises important federalism issues that theoretically sway some conservative justices -- well, just color me dubious on that). While Justice Kennedy has distinguished himself as a relatively friendly Justice for LGBT litigants -- writing important majority opinions in Romer v. Evans and Lawrence v. Texas -- there is of course no guarantee how he would vote on the motherlode issue of same-sex marriage. However, it strikes me as relevant that these issues are coming to a head around the same time as the PPACA litigation.

Why? Well, the fact that he's got two major historical decisions coming his way in relatively close succession gives him the chance to "split the baby". Let's say he votes to strike down the Affordable Care Act. Liberals are outraged. A year later, a same-sex marriage case comes to the Court, and he strikes down that law too. Suddenly, he's a liberal hero again. The same-sex marriage opinion gives him a chance to cleanse the prior vote -- making up for it and assuring himself that he's "centrist" and "middle of the road". The known prospect of a liberal-friendly SSM decision gives him the cognitive space to make a conservative-friendly decision on the ACA (or perhaps vice versa).

Of course, this is all vague speculation at this point. But part of my read on Justice Kennedy is he likes to regress to the mean. An anti-ACA decision would represent a major slide to the right -- it would not surprise me if he quickly tried to counterbalance it with a counterweight on the left.

Wednesday, May 30, 2012

It Takes Two

Recently, Israeli Defense Minister Ehud Barak has been floating a unilateral Israeli withdrawal from the West Bank if peace talks stutter. Today, Palestinian officials firmly rejected that possibility, arguing that it would perpetuate the conflict and pose a barrier to a comprehensive and lasting solution to it.

There are plenty of things appealing about a unilateral withdrawal, and plenty of legitimate dangers (the Gaza experience illuminates both). But the Palestinians firm rejection of unilateral Israeli action is important, because it establishes that "ending the occupation" is not entirely in Israeli hands. It's not entirely in Palestinian hands either, of course. It's simply the fact that for a deal to happen, both sides are going to have to put the work in. Hence, any description of the conflict that puts the onus or blame entirely on one side is missing the point. Even the PA does not want this conflict solved via force of Israeli will alone.

Tuesday, May 29, 2012

Out of Many

Newt Gingrich renders his apologia for birtherism:
“I know that there is a desperate need to attach racism to everything but in fact I think that Donald Trump said what he said because it’s the right thing for him to say,” Gingrich said to reporters in the lobby of the Trump Hotel here. “I think that Obama creates very powerful emotions about him, largely because of the radicalism of his views. I think that's the key fact.”

Trump's widely discredited claims about Obama's birth certificate overshadowed GOP front-runner Mitt Romney's message on the economy last Thursday, yet Gingrich said that it’s a media-driven story.

“Nobody runs around saying whether Colonel [Allen] West was born in the United States. He's an African American you know. He's a congressman. Nobody runs around and says was Tim Scott born in the United States. He's a congressman. He's an African American,” he said. “So the idea of asserting that any charge against Obama somehow manages magically in the media to get back to racism, I think is just one more device to protect Obama.”

Ooh, ooh, let me play! "People keep saying lynching is about racism. But look at all the Black people who have never been lynched! Clearly, it's not about Black people, but about powerful emotions that surround the uppity ones, and when the media calls it 'racism', that's just another device to shield their radical agenda."

Seriously, though, it is interesting to watch the Republican establishment realize that it's not going to be able to contain birtherism. So it has to conduct rationales for it that excuse the misbehavior. If they had a zero-tolerance policy against birtherism, they'd lose half their base at this point.

Artur Davis' Turn for the Worse

Former Alabama Democratic Rep. Artur Davis has announced he is switching parties, though he has not committed to a renewed political career (if he did run, however, it would be in Virginia, not Alabama).

There's a lot of "good riddance" being put out there. And I certainly see where that comes from. But I find my feelings are mixed -- while I am deeply disappointed in the man Rep. Davis has become, I also recall the fall from what he once was.

At one point, Davis was considered a rising star amongst young African-American politicians. And while he had already spent several term in Congress (knocking off incumbent Democrat Earl Hilliard to get there)*, it was the 2010 Alabama gubernatorial race that looked to be his coming out party. Young, smart, and Harvard-educated, Davis cut a character that folks thought might have cross-over appeal and could bite into the overwhelming margins White voters were providing to Republican candidates statewide -- a Barack Obama for the south.

But therein lay the problem: Davis looked ahead to the general election and took his base for granted. He tacked hard to the right, assuming that the Black voters who made the core of Alabama's Democratic activists would continue to support him -- particularly given that his main opponent was the White Agricultural Commissioner Ron Sparks. He voted against the Affordable Care Act and spurned the local Black leadership. And come election day, he was not just beaten but throttled by Sparks, who took home over 60% of the vote. Rep. Davis had made an elementary mistake -- he assumed that Black voters vote on basis of race, not policy. And his rising star came crashing to earth.

After that defeat, Davis turned hard against the Democratic Party, and his recent moves reek of sour grapes. The breaking point was his endorsement of the voter fraud panic, a "problem" that is by all empirical accounts mostly non-existent but has been an effective pretext for purging the rolls of valid voters, many people of color.

The thing is, I saw Rep. Davis in Congress, and I remember being extraordinarily impressed by his savvy and intelligence. Artur Davis is a smart man, and that's what makes his decision so infuriating. He's smart enough to know that "voter fraud" is a fraud, but he's also smart enough to know that jumping on that train is a fast way to leap to prominence amongst the GOP, who are always looking for Black faces to say what White audiences want to hear.

The tragedy is that someone as smart and talented as Davis is deciding to use his talents like this -- trying to exploit the game to put himself in power, rather than to do good for the nation. People say good riddance, and in a sense they're right to -- someone who sells out like this does not deserve our respect. But I can't help but feel a twinge of regret. Artur Davis' story could have had so many endings. It's a shame he chose this one.

* I distinctly remember the Davis/Hilliard race because Hilliard had issued several anti-Israel votes (as well as a solidarity trip to Libya), which put him on the radar screen of the pro-Israel and Jewish Democratic community. Davis received strong support in the Jewish community at the start of his career (people say he received money from AIPAC, but that's strictly speaking inaccurate -- AIPAC doesn't have a political action committee and does not give money to candidates. It is true that he received strong support from various Jewish and pro-Israel groups -- both Davis and Hilliard received most of their large donations from out-of-state as the race began to be seen as a referendum on mid-east policy), and I think many of us had warm feelings towards him as someone who was responsive to us when we were feeling hurt or aggrieved. Again, that makes it more difficult when you see what he's receded into.

But in a sense, Hilliard's defeat (like Cynthia McKinney's similar defeats in Georgia) wasn't about who ran against him, but about the voters who made a decision to listen. The Jewish community said to them "your representative is hurting us", and they responded. Every minority group should be so lucky as to have their claims of hurt be met with empathy like that. I try to be empathic in the same way to others, so that when I'm a position where my community is alleged to be causing a hurt, I do my best to be responsive as well. So, no matter how Congressman Davis' career ends, Jewish voters owe a debt of gratitude to the voters of the Alabama 7th District surrounding how it began.

What Exactly Did the UNWTO Do?

This Guardian story is claiming that a UN body has made Zimbabwean autocrat Robert Mugabe into a "leader for tourism". Such an honorific sounds like a terrible idea, and indeed, human rights groups and opposition members of Zimbabwe's besieged civil society are outraged, while supporters of Mugabe's ZANU-PF party are crowing. So I'm all set to be outraged.

But then at the very end of the article is a statement by the relevant UN body denying that it had appointed Mugabe to anything. The UNWTO instead issued an "open letter" to heads of states asking them to be "leaders for tourism". That letter "mplies no legal commitment or title attribution to the country or the head of state or government in question."

Now this doesn't quite settle things either -- it is unclear whether this letter was sent to every head of state, or just ones specifically selected by the UNWTO, and if the latter, how the selection process proceeded. But it seems at least possible that this really isn't any sort of official honoring of Mugabe by the UN, and I found the Guardian article particularly unhelpful in illuminating what, exactly, is going on here.

Sunday, May 27, 2012

Watch Dogs

Will Smith is raising his daughter to take ownership of her body. Stuyvesant High School is teaching its female charges that powerful men are always watching and leering at teenage women who should be ashamed of their dirty, slutty bodies. I have little else to say except the women they talk to are very impressive in articulating the problems with the high school's enforcement of its dress code, and Phoebe -- as an alum of the school -- has an excellent perspective of her own.

In marginally related news, I was all set to archly ask: if participants in the sport of pole dancing are so concerned about shedding their activity's racy reputation, why are they all in bikinis? But to my impressed surprise, one of the women had an answer, and it wasn't "so people pay attention to us" (it was that they need exposed skin to stick to the poles for some of their tricks).

Friday, May 25, 2012

Owning It

Will Smith talks about letting his daughter cut her own hair:
"We let Willow cut her hair. When you have a little girl, it's like how can you teach her that you're in control of her body? If I teach her that I'm in charge of whether or not she can touch her hair, she's going to replace me with some other man when she goes out in the world. She can't cut my hair but that's her hair. She has got to have command of her body. So when she goes out into the world, she's going out with a command that is hers. She is used to making those decisions herself. We try to keep giving them those decisions until they can hold the full weight of their lives."

Awesome.

Wednesday, May 23, 2012

Cognitive Democracy (Farrell & Shalizi)

This draft paper by Henry Farrell and Cosma Rohilla Shalizi looks like an absolutely fascinating project. Basically, it argues that in certain circumstances, democratic deicsion-making is a superior way of solving large-scale problems than its two primary competitors (markets and hierarchies). The argument builds on research exploring the importance of diversity in decision-making groups (one interesting paper they rely on is Lu Hong & Scott E. Page, Groups of diverse problem solvers can outperform groups of high-ability problem solvers, 101 Proceedings of the National Academy of Sciences 16385 (2004)), including the provocative claim that "diversity trumps ability".

In brief (and probably missing a ton of subtlety), all of us come at problems with different perspectives, which channel our ability to spot certain solutions to problems while missing others. People who are very much alike will tend to see similar solutions. Diverse groups see a greater breadth of solutions and thus are more likely to find the optimal one. Hong and Page present a model demonstrating that, for large groups in which there is a distribution of ability but all members are competent, it is better for decisions to be made by a random sample X of group members than by the X top performers (hence, diversity trumps ability -- or as William Buckley might put it, a society is better governed by the first 400 people in the Boston phone book than by the Harvard faculty).

Farrell and Shalizi argue that democracy simulates these conditions by putting decision-making in the hands of a broad, diverse cross-section of the community who are situated in a state of at least partial deliberation with one another. While this deliberation is not going to be at the idealistic level hoped for by deliberative democrats, it is enough such that the decision-makers will be aware of proposals and solutions made by others and can selectively (or even surreptitiously) incorporate them into their own plans.

I'm not doing the project justice, though, and I highly encourage you to read the linked draft. It looks like the start of a superb piece of work.

Mayor Franks

Rep. Trent Franks (R-AZ) recently introduced a bill to severely limit abortion in DC. DC voters -- already perturbed at the fact that people-not-them were getting to pass DC-specific legislation -- got another slap in the face when Rep. Franks wouldn't let DC's non-voting Delegate (Eleanor Holmes Norton) testify at his hearing. To be fair, from a Republican standpoint this makes sense -- Rep. Franks wants to make sure that only relevant voices enter into the debate, and Delegate Norton, as a Black woman from DC, is a veritable trifecta of irrelevant. Letting localities govern their own affairs is for White people.

In any event, though they never voted for him (and aren't allowed to vote for anyone with a vote that counts), DC voters are willing to accept a new sheriff in town. Which is why they've begun enundating "Mayor Franks" with requests to resolve all their local travails -- from parking tickets to potholes. Since he's taken such an interest in governing the city, you know.

Rep. Franks, of course, is baffled. DC residents "are missing the point", if they think a law proposed in a body they're not allowed to vote in, by a legislator who won't even allow their non-voting delegate to testify, that solely governs their lives, is about them. "It's the pain of the child." You know, one of those real people I've heard so much about.

Tempers Fugit

Over the past few days, we've seen a hard push back from the right against the notion that a ruling by the Supreme Court overturning the Affordable Care Act would severely damage the court's legitimacy. Indeed, they say, it is that very insinuation from the left that is problematic -- it would have the Court bow before a pressure campaign in opposition to what they think is the correct constitutional ruling. By definition, any consideration of these "legitimacy" concerns is inherently illegitimate -- as Ilya Somin puts it, it would have the Court "engage in genuinely political decision-making in order to avoid the mere appearance of it."

But I think this outlook doesn't really account for the argument the left is making and how they think -- not without justification -- that an anti-ACA ruling would be purely the result of politics, not law. From a liberal vantage point, the reason it is so hard to take the anti-ACA argument seriously as a matter of principle is simple: The structure of the ACA was originally a Republican innovation, the GOP's answer to Hillarycare, most associated with Mitt Romney. At that point in time, its constitutionality was not remotely controversial. The only things that have changed from now until then are (a) it became a Democratic plan rather than a Republican plan and (b) Republicans have staged a multi-year temper tantrum declaring it (much like everything else the Obama administration does) as a reincarnation of the Khrushchev administration. Given that, it is a very plausible belief that those factors (that it is an identifiably Democratic plan, and that Republicans have thrown a massive hissy fit about it) are the key variables in transitioning the anti-mandate argument from "off the wall" to "on the wall".

Consequently, in making the legitimacy arguments, liberals are trying to have a debiasing effect -- in essence, telling the Court that "were this not a flagship liberal law bitterly opposed by Republicans, you would not find this even remotely controversial. To the extent that you think this is even a live issue, it is likely a result of the underlying political currents, not legal argumentation." To be sure, I'm not arguing that someone like Randy Barnett only thinks the ACA is unconstitutional because its a high-profile Democratic agenda item which Republicans oppose. I am saying that were it for not those things, Randy Barnett would be another Richard Epstein -- a very smart guy whose opinions on the Constitution rarely enter the same time zone as mainstream legal practice. Randy Barnett's opinions are genuine, but they're only mainstream because he's riding a wave of Republican fury which is entirely political.

To buttress this point, imagine an alternative history.

It's early fall of 2008. The McCain campaign is floundering, and the selection of Sarah Palin as VP is widely seen as a disaster. Privately, Republicans have already written off the 2008 election. Moreover, while Democrats already control the House and Senate, it looks like they will entrench those gains even more on Obama's coattails. At this point, the order of the day is damage control.

Congressional Republicans confer. They know that one important Democratic policy priority is universal health care. With a huge mandate and swollen majorities, Republicans are worried that Democrats will be able to push forward the plan of their choice -- government-run, single payer health care. In addition to ideological opposition, Republicans are worried that this will give Democrats ownership over yet another flagship governmental program.

So they decide to get out in front of the issue. Congressional Republicans decide to put forward their own plan, modeled on Romneycare, with an individual mandate to buy private health insurance. Democratic leaders are surprised and taken aback, but are willing to negotiate. After all, the plan isn't that different from that put forward by the Obama campaign. More to the point, many Democrats have bitter memories of the 1990s health care fight, and do not care to die on the same hill twice in one go around. With a slumping economy, many Democrats would rather Obama be able to focus his political capital on stimulus and other job-creating measures, and don't want him to get bogged down in what could be an endless and resource-draining health care fight.

Of course, plenty of Democrats want to hold out for single-payer, and plenty of Republicans are opposed to any further government involvement in health care at all. Still, a moderate middle position manages to gain a working majority. And so, with minor tweaks, a law substantially similar to the ACA passes Congress with bipartisan support (albeit with opposition on both flanks).


If the ACA had been passed this way -- not with universal acclaim, but also not with partisan acrimony, and not associated as the main accomplishment of a politician Republicans had sworn to destroy, does the ACA get struck down? No. Does it come close to being struck down? No again. Indeed, I daresay it would not have even reached the Supreme Court. Of course some would still make arguments that the ACA was unconstitutional, but their views would be relegated to obscure corners of academia and libertarian think tanks (I don't mean this as an insult -- I sit in an obscure corner of academia, after all). In the courts and in the mainstream, the mandate would be viewed the same way it was viewed in the 1990s -- an easy case, raising no particularly controversial points of commerce clause jurisprudence and not capturing either the public or legal imagination.

And so we come back to my key thesis -- this case is only a "serious" case because of politics. Conservative Justices who are thinking about striking down the law should be rightfully made aware of the possibility, if not the likelihood, that their beliefs about the constitutionality of the ACA are being influenced in large part by these underlying political currents, and they should think quite critically about the degree to which their intuition that the law is unconstitutional is purely a "legal" one, or is subtly, unconsciously influenced by their surrounding political milieu. And the law is struck down, given the causal story I'm putting forward, I think liberals will be quite justified in believing that the decision is political -- not in the sense that conservative justices are self-consciously serving the interests of the GOP, but in the sense that the understanding of the constitution's requirements shifted almost entirely due to changes in substantive political positions, rather than "principled" beliefs about the scope of the commerce clause.

Now, I'm talking a lot about debiasing here -- this idea that we should make conservative Justices aware of the possibility, if not the likelihood, that they would not be seriously entertaining striking down this law were it not for the underlying political flow of the issue. Which of course raises the question -- shouldn't liberal Justices ask themselves the same question? And the answer is: yes, of course. But it's also relatively easily answered -- liberal judges tend to have an expansive view of commerce clause powers across the board. They aren't any more likely to strike down "conservative" laws which allegedly exceed commerce clause boundaries (see Raich). Had Republicans won the day in the 1990s and gotten their health care proposal passed, it would not have gotten any negative votes from the liberal justices. There might be other cases where liberal justices have to be more alert to the potential of political bias, but this doesn't seem like one of them.

Finally, with regard to the "actual" legitimizing or delegitimizing impact of the Court's decision. I have no idea what the reaction of the public will be to an anti-ACA ruling. It is true that polls demonstrate that most Americans dislike the ACA and think it's unconstitutional (though, of course, most Americans aren't trained lawyers and have no idea what makes something constitutional or not). On the other hand, most polls also demonstrate that most Americans like the individual provisions of the ACA. More to the point, public opinion is a fickle thing. It's been pushed to the right on this issue by loud and uncompromising conservative declarations that the ACA is a new Marxism. Paired against tepid defenses from the left, the right's greater passion gives the impression that they have the better of the argument.

An anti-ACA opinion will undoubtedly cause an explosion of anger from the left, and it will be interesting to see how the public reacts to that. If there is one thing that has been demonstrated over the past few years, it's that if a large group of people can be mad enough and loud enough for long enough, they can do a surprisingly good job of rallying the center. It's part of the reason why we're seeing such stark political polarization, and I don't think it's a good thing, but it's also a spiral I'm not sure we can escape from.

Tuesday, May 22, 2012

The Journey of a Thousand Miles....

Well, well. A member of a mainstream American Jewish institution (the AJC) has finally denounced right-wing calls for a one-state solution. Well, obliquely anyway -- it was a general denunciation of the idea, "whether proposed by supporters of the Palestinian cause or by supporters of Israel." And it was made in Doha, Qatar, approximately 7,000 miles from Washington, D.C., where House Republicans have begun pushing the agenda.

But still, even a tiny, cautious baby step is a step. So hurray! Perhaps next we'll see such a condemnation in the same time zone as one of the Republicans calling for it -- or even, maybe, one that mentions one of them by name.

Sunday, May 20, 2012

It's So Random

You know, I was never the best statistics student. Math's just not my area. But I have enough basic competency so I would never be stupid enough to think a large, non-random internet poll is more accurate than a smaller, random-sample scientific poll. Which, unfortunately, is more than we can say for Rep. Daniel Webster (R-FL).


Webster is pressing to eliminate the American Community Survey (a critical part of the Census), in part because it is "too intrusive", in part because it's "non-scientific". Why is it non-scientific? Because, to quote Webster, it's "random"! The New York Times can barely keep it together as it proceeds to inform its readers "[i]n fact, the randomness of the survey is precisely what makes the survey scientific, statistical experts say."

Random sampling is what makes the survey world go round. It is the only way to cost-effectively gather data about large groups of people given the impracticability of querying all of them. This is Statistics 101.