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Thursday, July 3, 2014

Open thread for night owls: 'Free market' and real freedom

Open thread for night owls: 'Free market' and real freedom


Open thread for night owls: 'Free market' and real freedom

Posted: 02 Jul 2014 08:30 PM PDT

Night Owl
Robert Reich writes Freedom, Power, and the Conservative Mind:

In the early 1930s, the Court trumped New Deal legislation with "freedom of contract"—the presumed right of people to make whatever deals they want unencumbered by federal regulations. Eventually (perhaps influenced by FDR's threat to expand the Court and pack it with his own appointees) the Court relented. 

But the conservative mind has never incorporated economic power into its understanding of freedom. Conservatives still champion "free enterprise" and equate the so-called "free market" with liberty. To them, government "intrusions" on the market threaten freedom.
Yet the "free market" doesn't exist in nature. There, only the fittest and strongest survive. The "free market" is the product of laws and rules continuously emanating from legislatures, executive departments, and courts. Government doesn't "intrude" on the free market. It defines and organizes (and often reorganizes) it.

Here's where the reality of power comes in. It's one thing if these laws and rules are shaped democratically, reflecting the values and preferences of most people.
But anyone with half a brain can see the growing concentration of income and wealth at the top of America has concentrated political power there as well—generating laws and rules that tilt the playing field ever further in the direction of corporations and the wealthy.

Antitrust laws designed to constrain monopolies have been eviscerated. Competition among Internet service providers, for example, is rapidly disappearing—resulting in higher prices than in any other rich country. Companies are being allowed to prolong patents and trademarks, keeping drug prices higher here than in Canada or Europe.
Tax laws favor capital over labor, giving capital gains a lower rate than ordinary income. The rich get humongous mortgage interest deductions while renters get no deduction at all.

The value of real property (the major asset of the middle class) is taxed annually, but not the value of stocks and bonds (where the rich park most of their wealth).
Bankruptcy laws allow companies to smoothly reorganize, but not college graduates burdened by student loans.

The minimum wage is steadily losing value, while CEO pay is in the stratosphere. Under U.S. law, shareholders have only an "advisory" role in determining what CEOs rake in.  
Public goods paid for with tax revenues (public schools, affordable public universities, parks, roads, bridges) are deteriorating, while private goods paid for individually (private schools and colleges, health clubs, security guards, gated community amenities) are burgeoning. 

I could go on, but you get the point. […]


Blast from the Past. At Daily Kos on this date in 2013CWA's Larry Cohen: 'This is not democracy!'

In a number of actions across the country today, working families and activists will be telling the Senate it's time to confirm the five nominees to the National Labor Relations Board that Republicans have been obstructing. Larry Cohen, president of the Communications Workers of America, writes about what's at stake if the NLRB positions aren't filled, and the Board is shut down.

Today, under the watch of another Democratic President and a Democratic majority in the Senate, the NLRB is now in danger of being completely stripped of its authority. The protections that workers fought and died for, already diminished by subsequent legislation and court decisions, will soon disappear if the Senate fails to confirm the president's nominees before its summer recess. [...]

If the Senate does not act, we'll soon be celebrating Labor Day without any labor law. Zero enforcement and no protections for 80 million American workers in the private sector.



Tweet of the Day
If the Civil Rights Act was before the Congress today, it would not pass, it would probably never make it to the floor for a vote.
@repjohnlewis



On today's Kagro in the Morning show, Belgium sucks. Greg Dworkin says that's an anecdote, not data. We didn't overlook either of the top two "most overlooked races." And nobody's quite ready to look past Hobby Lobby. Joan McCarter joins us in pondering WTF about Belgium. Hobby Lobby won't be the last birth control case, nor the end of the War on Women. O'Reilly's in-house stalker baits "Beyoncé Voters." The White House issues report on Medicaid expansion. Target comes up with a gun policy. Open carry protesters say they'll ignore it. Day One of GA's "guns everywhere" law brings us a draw-down between two open carriers. Gun "success" story is underwhelming.




High Impact Posts. Top Comments

Economics Daily Digest: Public unions meet the conservative guillotine

Posted: 02 Jul 2014 05:24 AM PDT

Economics Daily Digest by the Roosevelt Institute banner
By Tim Price, originally published on Next New Deal

Click here to subscribe to Roosevelt First, our weekday morning email featuring the Daily Digest.

The Wage War for Public Workers' Unions (MSNBC)

Harris v. Quinn shows Supreme Court conservatives want to "weaponize the First Amendment" against public unions, says Roosevelt Institute Fellow Dorian Warren.

The Supreme Court Doesn't Care for Caregiving Workers (HuffPost)

Roosevelt Institute Fellow Annette Bernhardt writes that the Harris decision is just the latest example of how our public policy treats caregiving as second-class work.

Are the Authoritarians Winning? (NYRB)

Authoritarianism is gaining traction as democracies falter, writes Michael Ignatieff, but Roosevelt Institute Chief Economist Joseph Stiglitz's new white paper offers a comprehensive solution to the liberal state's fiscal crisis. (Note: This article is behind a paywall.)

How Bad Policy is Making the Great Recession's Damage Permanent (WaPo)

Austerity and low inflation are holding back productive capacity, writes Matt O'Brien, and unless they're willing to take more risks, some countries may never fully recover.

5 Ways Wall Street Continues to Sandbag the Economy, and How to Fix It (Prospect)

To set the economy back on track, Democrats must stop propping up the financial sector and undertake a massive public investment program, argues Robert Kuttner.

Low-Wage Workers' Newest Ally Is a Washington Bureaucrat (The Nation)

Zoe Carpenter talks to David Weil, the new director of the Labor Department's Wage and Hour division, about his plans to enforce and improve standards in the workplace.

New on Next New Deal

The Supreme Court's One-Two Punch Against Women's Health: McCullen and Hobby Lobby

Rulings against the contraceptive mandate and buffer zone laws will create more barriers between women and basic health services, argues Roosevelt Fellow Andrea Flynn.

Carly Fiorina to head latest GOP women's outreach PAC. Is there a demon ewe ad coming?

Posted: 01 Jul 2014 11:53 AM PDT

Carly Fiorina at CPAC 2014.
Carly Fiorina
How many f'ing PACs do Republicans need to engage women voters? Lately it seems like just about every week sees the launch of some new Republican ladies-outreach PAC, each as stupid as the last and all accompanied by massive publicity blitzes. The latest is headed by Carly "Demon Sheep" Fiorina. Because clearly a losing Senate candidate is the top expert on reaching women. So here it is, the latest big Republican plan to reach women:
"We have studied the successful campaigns and movements that have applied targeted and personal grassroots efforts to stimulate positive action," the memo said. "They focus on real interactions; door-to-door and person-to-person contacts, and not just television advertising."
Okay ... so they'll be campaigning a little. And? Speaking to S.E. Cupp, Fiorina had this to say about the message:
I think in some cases we just have to take on the facts. There are plenty of laws in place today that a woman can look to if she's truly discriminated against at work, where she's actually earning less for the same job as her male counterpart.

So the Paycheck Fairness Act, the Lilly Ledbetter Fair Pay Act -- these are tokens. They're gestures. They don't truly help women advance.

We can't avoid the factual arguments, because they're on our side.

If Paycheck Fairness is nothing but an empty gesture, how come y'all are so opposed to it? Surely the party that took dozens of show votes to repeal Obamacare can make time for one vote on the Paycheck Fairness Act if it's just a token that won't harm Republican interests in any way. But, of course, it's not. It's not a magic bullet, but it would help women uncover and address discrimination, filling gaps in those "plenty of laws in place today" that are not doing enough to reduce the wage gap. And that, not its purported ineffectiveness, is why Republicans are so dead-set against the Paycheck Fairness Act.

So basically, this latest in the long string of Republican PACs trying to reduce their deficit with women is the same old story. And as usual, the only real Republican hope for closing the gender gap in 2014 is low turnout among the Democratic base.

Top Texas Republican probably very jealous of Rick Perry's hair

Posted: 02 Jul 2014 06:50 PM PDT

Rick Perry, Governor of Texas, speaks during a session at the annual meeting of the World Economic Forum (WEF) in Davos January 23, 2014.                             REUTERS/Ruben Sprich (SWITZERLAND  - Tags: POLITICS BUSINESS HEADSHOT)   - RTX17RDR
Just wait until they see Rick Perry's new glasses ...
Things have gotten so bad in Texas that apparently some Republicans in the state now want Rick Perry to secede:
Texas Land Commissioner Jerry Patterson (R) told the Austin American Stateman that Gov. Rick Perry's (R) decision, based on back pain, to stop wearing cowboy boots was just a "feeble excuse."

Said Patterson: "Tell Rick that boots can be purchased with normal heels. I lament the fact that our governor could now pass for a West Coast metrosexual and has embarrassed us all with his sartorial change of direction."

Sorry, Jerry. Rick Perry is no west coaster. Not now, not ever. He's all yours, baby.

Doctors, nurses condemn Hobby Lobby ruling, call for immediate action

Posted: 02 Jul 2014 10:44 AM PDT

Doctor explaining diagnosis to her female patient. Photo taken on: July 21st, 2012

Most medical providers have basically been on the sidelines in the big reproductive healthcare fight of the modern era—abortion. Maybe because it's too politically charged for them to really engage in, since fewer and fewer providers are actually involved in providing that critical service, or it just hasn't seemed relevant to their professional lives. But now the Supreme Court has started to creep onto their territory, and they are not happy.
The 5-4 decision was immediately criticized by the American Medical Association, the American Nurses Association (PDF), the American Academy of Family Physicians and the American College of Obstetricians and Gynecologists for allowing employers to meddle in the exam room.

The decision "intrudes on the patient-physician relationship and will make it more difficult for many women to make their own personal medical decisions," said Dr. Robert Wah, president of the AMA. "We encourage the administration to provide alternative pathways to secure coverage for patients unable to obtain these services as a result of the court's ruling."

Each of the groups urged officials in Washington to work quickly to restore coverage options for all insured women, saying that limiting insurance coverage would force women to take additional steps or pay out of pocket for birth control—which affects low-income women in particular.

As Justice Ginsburg noted in her scathing dissent, the ruling opens up the possibility for endless challenges from employers who have "religiously grounded objections to blood transfusions (Jehovah's Witnesses); antidepressants (Scientologists); medications derived from pigs, including anesthesia, intravenous fluids, and pills coated with gelatin (certain Muslims, Jews, and Hindus); and vaccinations[?] … Not much help there for the lower courts bound by today's decision." That's just one of the things healthcare providers are worried about now, says Paul Keckley, managing director in the healthcare practice at Navigant. "I think it's a bigger deal than just Hobby Lobby and Conestoga, and I think this is going to follow a theme that will be carried through the next couple of years, or certainly the next two election cycles."

Maybe this ruling will be the impetus for these provider groups to recognize the threat to their free practice of medicine inherent in the Republican Party. Maybe they'll now see just how critical it is to fight for their own right to provide every kind of medical care to the women they treat.

Supreme Court has plenty more chances to continue War on Women

Posted: 02 Jul 2014 09:30 AM PDT

Planned Parenthood supporters.
Far-right groups are salivating that the prospects for taking birth control away from as many women as possible now that the first case, Hobby Lobby has been decided in their favor. They're looking ahead to the cases already in the works on their way to the Court, and are quite pleased.
"I hope it's a harbinger of good things, an indicator that people of good faith like the Greens and the Hahns can and should stand up for what the believe in," Chuck Hurley, vice president and chief counsel for The Family Leader, told CBS News.
He doesn't have to hope. He's got five Supreme Court justices who put more stock in belief than in science. After this ruling, it's hard to doubt that they'll side with religious non-profits the next time around, who say that the exemption they received from the administration to the contraceptive mandate—an exemption granted in a misguided attempt to appease the bastards—isn't enough. They say that merely signing a piece of paper to attest that they qualify for the exemption is a religious burden.
Several nonprofits—such as the Colorado order of nuns the Little Sisters of the Poor—say this accommodation doesn't settle their concerns. […] The Little Sisters' case, along with several others, are currently in various courts of appeal. Federal appeals courts have already rejected challenges from two nonprofits —the Michigan Catholic Conference and Catholic Family Services, and the University of Notre Dame—meaning the Supreme Court could take up the nonprofits' case as early as its next term.

Kevin Walsh, associate professor of law at the University of Richmond School of Law who is serving as continuing counselor to the Little Sisters of the Poor, told CBS News that the Hobby Lobby ruling is "a promising decision for [nonprofit] challengers."

In fact, in another stunningly bad part of the overall awful opinion, Justice Samuel Alito wrote that the accommodation for religious non-profits is a possible alternative for the administration in the case of for-profits: "HHS itself has demonstrated that it has at its disposal an approach that is less restrictive than requiring employers to fund contraceptive methods that violate their religious beliefs." It's almost as if Alito didn't know that this very approach has been challenged. But you can be sure that if the administration tries to expand it to for-profits, Alito will be there to slap it down somehow in a Little Sisters ruling, or in one of the 82 pending challenges to this mandate that will eventually find its way to the Court.

Those 82 challenges, brought by both for-profit and non-profit employers, represent a hell of a lot of female employees. The War on Women has barely gotten started.

The GOP's new best friend, for now

Posted: 02 Jul 2014 04:50 PM PDT

Hobby Lobby

It's been a rough stretch for the GOP lately. They thought Obamacare would collapse, but instead it beat expectations. They thought Cliven Bundy would become a symbol of Obama's overreach, but instead he became a symbol of right-wing prejudice. They thought their new Benghazi panel would lead to Obama's impeachment, but instead found themselves grumbling when one of the key Benghazi suspects was arrested. They didn't even bother to think about House Majority Leader Eric Cantor until it was too late. And when they swung into action to save their friend Sen. Thad Cochran, they had to turn to the very same African-American Democrats whose votes they've spurned for decades because their own base had abandoned them.

But now that their best buddy Hobby Lobby has achieved victory in its pursuit of religious liberty, the worm has finally turned, right? After all, liberty is a word even liberals should support, right? So clearly conservatives should hug their new best friend Hobby Lobby tight and close and bask in the warmth of all its freedom-loving glory. Except, as David Corn and Molly Redden of Mother Jones report, it turns out Hobby Lobby are major funders of right-wing minister Bill Gothard who turns out to have a little problem:

Gothard made national news in March when he resigned from the Institute after a website posted the accounts of more than 30 women who accused him of sexual harassment and inappropriate touching. One of his accusers said he molested her when she was 17. In a statement he issued in April, Gothard noted, "God has brought me to a place of greater brokenness than at any other time in my life…I have asked the Lord to reveal the underlying causes and He is doing this." Gothard further stated, "My actions of holding of hands, hugs, and touching of feet or hair with young ladies crossed the boundaries of discretion and were wrong."
Well, maybe that's a little bit too much freedom for the GOP to be associated with. So what now? Well, I hear Speaker Boehner is planning a lawsuit in the not-too-distant future ... that should give Republicans something to get excited about.

Deep thinker Jonah Goldberg on why women's health care is stupid and wrong

Posted: 02 Jul 2014 01:37 PM PDT

Jonah Goldberg, livin' the dream
Every once in a while the Worst Possible Thing happens, which is that conservative "thinker" Jonah Goldberg says something so fantastically stupid (in this case, about Hobby Lobby and our new glorious future of "corporate" for-profit "religion") that it forces us out of our long and prosperous careers of not giving a shit what Jonah Goldberg has to say.
This gets us to why I think the ruling's majority essentially agreed with the protesters. If I like to dress up as a character from Game of Thrones on weekends, pretending to fight snow zombies and treating my mutt like she's a mystical direwolf, that's none  of my employer's business. But if I ask my employer to pay for my trip to a Game of Thrones fan convention, I am asking him to make it his business. If my employer refuses, that may or may not be unfair, but it's his right. If, in response, I go to the convention and have the government force my employer to pay for my travel, that only makes things worse. It not only makes my private pursuits my boss's business, it makes them the business of taxpayers and a bunch of bureaucrats in Washington.
Well if you say it like that, sure it makes sense.

"A woman and her doctor making personal decisions about that woman's health care without employer intervention is a lot like dressing up as fictional characters and going to conventions, in that it's patently silly. Now if you'll excuse me back here in the real world, an invisible sky-man that you can't hear has told me that I will descend after death into a lake of burny-ouchy fire if I don't line item these two pills off of your next insurance contract."

"Also, Hodor."

And this is why we usually do not pay any attention to Jonah Goldberg.

Spotlight on Green News & Views: CO2 above 400 ppm for three months running, ocean plastic missing

Posted: 02 Jul 2014 03:30 PM PDT

ibis
White Ibises
Many environmentally related posts appearing at Daily Kos each week don't attract the attention they deserve. To help get more eyeballs, Spotlight on Green News & Views  (previously known as the Green Diary Rescue) appears twice a week, on Wednesdays and Saturdays. The most recent Saturday Spotlight can be seen here. So far, more than 18,500 environmentally oriented diaries have been rescued for inclusion in this weekly collection since 2006. Inclusion of a diary in the Spotlight does not necessarily indicate my agreement with or endorsement of it.
Sunday Train: Is There A Beam of Hope for Texas Rooftop Solar?—by BruceMcF: "A few weeks back, I teased that I wanted to take a bit of a look at Texas Rooftop Solar in the Sunday Train (which is, recall, focused on Sustainable Transport & Energy, and so both not just about trains, and also not in favor of trains when the trains are advancing climate suicide) ... and then the California budget passed and I went on a two week binge on California HSR. But now its time to take that glance over at Texas Rooftop Solar. After all, you'd think that Texas would be an ideal state for rooftop solar, and for years we've been seeing articles about how Lone Star State Rooftop Solar would hit big 'real soon now'." [...] But if the future doesn't start arriving, it might never get here, brought crashing down by the catastrophic impact of runaway climate crisis. So, what are the prospects that rooftop solar might really start hitting its stride really soon now?
green dots
Cops and Firefighters Could Soon Be Charged for Disclosing Fracking Chemicals in North Carolina—by windsong01: "Today North Carolina Fracking (Senate Bill 786): The bill passed the state legislature and was signed into law by Governor McCrory. Lawmakers broke the promise they made in 2012 (and again in 2013) to have the finished package of fracking rules in front of them before deciding whether to allow fracking in North Carolina. As passed, Senate Bill 786 also makes it a CRIME (details here) for those with access to the fracking recipe to reveal what chemicals are used in the drilling process. Also in tandem with this bill, there was a item on Air Quality Monitors: State leaders introduced a provision that would remove half of the state's air quality monitors. The Senate has already approved the provision and it could pop up in any of the regulatory reform bills currently making their way through the legislature. Removing these monitors limits the amount of information the state and residents will have available to protect themselves from unhealthy levels of air pollution."
green dots
An American Moment—by Michael Brune: "Just last year, Al Gore and I stood and watched as then-Mayor Antonio Villaraigosa announced the Los Angeles Department of Water and Power's history-making plan to stop using coal-fired power by 2025 and replace it with cleaner energy sources. That was a proud moment for Los Angeles, and Al Gore ended an impassioned speech that day on a hopeful note about the ability of our society to quickly evolve: 'If somebody had told you four years ago," he said, 'that on this beautiful March day, 60 percent of the American people would say, 'we are in favor of gay marriage,' you would have said, 'no we can't change that much that fast.' But we can, and we did.' The same will be true of attitudes about cutting carbon, he predicted. My guess is that even Al Gore is surprised by how soon his prophecy has become reality. When this month the U.S. Environmental Protection Agency announced its Clean Power Plan for cutting carbon emissions from power plants, polls found about 70 percent of Americans in favor. This really is a potentially defining American moment. We cannot let it slip from our grasp, for while momentum is on our side, time is not. And so on September 21, tens of thousands of people will converge on New York City to urge the president to show the hundreds of world leaders gathering in that city for the United Nations Climate Summit, that America is ready to lead a global response to this global crisis."

You can find more rescued green diaries below the sustainable squiggle.

Cartoon: The supreme film critic

Posted: 02 Jul 2014 02:50 PM PDT

Target executives kindly ask you to leave your guns at home

Posted: 02 Jul 2014 08:11 AM PDT

A group of men and women walking through Target carrying various rifles
Target executives have been debating the open-carry policies in their stores and have heard from an outraged public, including nearly 65,000 Daily Kos readers. After careful consideration, interim CEO John Mulligan has released a statement:
The leadership team has been weighing a complex issue, and I want to be sure everyone understands our thoughts and ultimate decision.

As you've likely seen in the media, there has been a debate about whether guests in communities that permit "open carry" should be allowed to bring firearms into Target stores. Our approach has always been to follow local laws, and of course, we will continue to do so. But starting today we will also respectfully request that guests not bring firearms to Target – even in communities where it is permitted by law.

We've listened carefully to the nuances of this debate and respect the protected rights of everyone involved. In return, we are asking for help in fulfilling our goal to create an atmosphere that is safe and inviting for our guests and team members.

This is a complicated issue, but it boils down to a simple belief: Bringing firearms to Target creates an environment that is at odds with the family-friendly shopping and work experience we strive to create.

This is a good start. Let's hope other retailers follow suit.

House GOP cuts spending on policy staff, boosts spending on PR and spin

Posted: 02 Jul 2014 01:50 PM PDT

John Boehner at the AT&T National golf tournament, July 2009.

House GOP priorities:

Since Republicans took control of the U.S. House in January 2011, Speaker John Boehner, R-Ohio, has led a cost-cutting effort that has trimmed staff for House committees by nearly 20%, saving taxpayers hundreds of millions of dollars. But the number of committee staff responsible for press and communications work has increased by nearly 15% over the same period, according to House spending records.
Hard to blame them, I guess. If you were in their shoes, wouldn't you want to do everything in your power to let people know about everything you've accomplished on their behalf? Actually, on second thought, that doesn't make a lot of sense, given that they've accomplished nothing. But on third thought, this is the GOP we're talking about: To them, doing nothing is an accomplishment. So it makes sense to hire staff to brag about it.

Plus, if your primary investigations are focused on Benghazi and the IRS, there really isn't much to investigate, certainly not enough to justify expanding actual investigative staff. So you might as well invest in spinners—because you're going to need them.

McDaniel vs. Cochran battle still raging

Posted: 02 Jul 2014 01:10 PM PDT

Mississippi Senator Chris McDaniel speaks during a town hall meeting in Ocean Springs, Mississippi March 18, 2014. The stars appear to have aligned for McDaniel, a state senator who is waging a primary battle against Thad Cochran, who is seeking his seven
Voting might have ended eight days ago in the Mississippi GOP Senate primary, but the contest between tea party challenger Chris McDaniel and incumbent Sen. Thad Cochran isn't over.

McDaniel is flatly accusing Cochran of having stolen the election—"My opponent stole last week's runoff election," he says in a new fundraising email—and is still working to overturn the results of the election. McDaniel's big problem: He doesn't have a compelling legal theory for why the results should be overturned or why Cochran should be disqualified.

The latest attempt by McDaniel allies to establish just such a theory is to claim that Cochran illegally bought votes, an accusation Cochran's campaign denies:

Blogger Charles C. Johnson of GotNews.com is reporting that Stevie Fielder says the Cochran campaign told him to offer black voters in the Meridian area $15 each to vote for Cochran in the June 24 GOP primary runoff against state Sen. Chris McDaniel.

Cochran campaign spokesman Jordan Russell called the accusations of illegal vote buying "baseless and false."

Johnson's report includes text messages allegedly exchanged between Fielder and the campaign concerning envelopes filled with cash for pro-Cochran GOTV efforts. Russell, the Cochran spokesman, says that Fielder was paid $300 by the Cochran campaign, and acknowledged that the campaign does pay field "volunteers" with cash stuffed in envelopes, but said it was for voter contact, not vote buying. Russell also disputed Johnson's report by noting that Johnson had paid Fielder for his story.

According to Dave Weigel, conservatives are warming to the idea of a serious McDaniel challenge to the results—he reports FreedomWorks has declared the election to be "a federal crime." But hot air and fundraising pitches are just hot air, and the key question remains: What is Chris McDaniel going to do about his claim that the election was stolen, aside from using it to raise money from suckers?

1:29 PM PT: Meanwhile, the Cochran campaign holds a press conference, it devolves into this:

Cochran campaign conf call turning into a mess. Questioner: "If black people were harvesting cotton, why is it OK to harvest their votes?"
@jonathanweisman
And if that wasn't enough, apparently the Cochran people suggested that it was Obama who was behind that question. Yikes.

Here's that Hobby Lobby slippery slope in action

Posted: 02 Jul 2014 11:35 AM PDT

Rainbow flag

Who could have predicted that the U.S. Supreme Court was going to empower religious organizations to start screaming for federal exemptions to everything they find icky? Pretty much everyone, actually, saw that coming and here's the first of it. A group of faith leaders, including an Obama supporter, has asked the administration to allow them to continue to discriminate against the gays in their hiring practices.

Their call, in a letter sent to the White House Tuesday, attempts to capitalize on the Supreme Court case by arguing that it shows the administration must show more deference to the prerogatives of religion.

"We are asking that an extension of protection for one group not come at the expense of faith communities whose religious identity and beliefs motivate them to serve those in need," the letter states. […]

It comes from as group of faith leaders who are generally friendly to the administration, many of whom have closely advised the White House on issues like immigration reform. The letter was organized by Michael Wear, who worked in the Obama White House and directed faith outreach for the president's 2012 campaign. Signers include two members of Catholics for Obama and three former members of the President's Advisory Council on Faith-Based and Neighborhood Partnerships.

"This is not an antagonistic letter by any means," Wear told me. But in the wake of Hobby Lobby, he said, "the administration does have a decision to make whether they want to recalibrate their approach to some of these issues."

The leaders state that without the religious exemption to the executive order on federal contractors, "this expansion of hiring rights will come at an unreasonable cost to the common good, national unity and religious freedom." They base their argument on both the new political reality of Hobby Lobby and on the fact that the Senate-passed Employment Non-Discrimination Act includes such an exemption for religious organizations. The difference between ENDA and the pending executive order is that the latter applies only to federal contractors, not to all employers with more than 15 employees.

The White House hasn't released the order yet, and didn't comment on the issue to The Atlantic's Molly Ball, who reported this story.

Midday open thread: Georgia gun law produces confrontation on first day, Tim Howard International

Posted: 02 Jul 2014 12:00 PM PDT

  • Today's comic by Matt Bors is Bulletproof blankets:
    Cartoon by Matt Bors - Bulletproof blankets
  • On this date 50 years ago, President Johnson signed the Civil Rights Act:
    Johnson shakes hands with Martin Luther King Jr.
    after signing the Civil Rights Act on July 2, 1964.
    We believe that all men are entitled to the blessings of liberty. Yet millions are being deprived of those blessings—not because of their own failures, but because of the color of their skin.

    The reasons are deeply imbedded in history and tradition and the nature of man. We can understand—without rancor or hatred—how this all happened.

    But it cannot continue. Our Constitution, the foundation of our Republic, forbids it. The principles of our freedom forbid it. Morality forbids it. And the law I will sign tonight forbids it.

    Here's President Obama's statement on the anniversary of the signing.
  • These Daily Kos community posts were the most shared on Facebook July 1:
    What if a Muslim Company Used the 'Hobby Lobby' Decision to Impose Its Values on White Christians?, by chaunceydevega

    Boycott Eden Foods (organic beans and Edensoy soy milk), by cordgrass

    Ronald Reagan on the Separation of Religion and State. I Agree. Conservatives Might Not., by Mets102

  • ADP reports creation of new jobs soared in June. Automated Data Processing, which, among other things, handles payrolls for hundreds of thousands of clients, reported Wednesday that 281,000 private-sector jobs were created in June, with 36,000 of those jobs in construction. The ADP rarely meshes with the government's monthly jobs report, which will be released a day early Thursday. But the large number of jobs ADP concludes were created last month is an indication that the government report on both private- and public-sector jobs may come in a lot higher than the 211,000 that the consensus of experts surveyed by Bloomberg has forecast.
  • Clean-up in Aisle #5 could have had a whole new meaning. In Valdosta, an armed man entered a store carrying a holstered firearm and approached another man doing the same. Drawing his gun and not pointing it, the first man demanded to see the other's gun permit. The second man refused twice, paid for his items and left. The law does not require an armed person to show a gun permit, even to police. Things might have turned out differently if a third man with a gun thought the first man with the unholstered gun near the cashier was committing a robbery and decided to stop it. The 62-year-old man who demanded to see the gun permit was later arrested for disorderly conduct related to drawing his weapon inside the store. Police confiscated his firearm.
  • Meanwhile, Target tells customers to leave their guns at home:
    A month after images first surfaced of pro-gun activists flaunting semiautomatic rifles at Target stores, the retailer has become the latest US company to officially reject firearms in its outlets.

    "Our approach has always been to follow local laws, and of course, we will continue to do so," Target said in a statement Wednesday. "But starting today we will also respectfully request that guests not bring firearms to Target—even in communities where it is permitted by law."

  • Here's an interactive county-by-county map of where Mormons and evangelical Christians live.
  • New bridge design could make a big difference:
    Frankly, anything helps, at least in the United States, home to some 5,237 "structurally deficient" bridges on the national highway system alone. Add in all US roads and highways and the figure climbs to 70,000 bridges that have a "deck, superstructure, substructure, or culvert rated in 'poor' condition." Another 80,000 are considered "functionally obsolete," meaning it's not adequete for its current use. Another 18,000 US bridges are "fracture critical"; if any single component were to fail, then the whole bridge would collapse. A civil engineering technology that might help solve this willfully overlooked crisis isn't exactly a way cool new app, but it might keep some people from dying.
  • Right-winger Dinesh D'Souza wonders why more immigrants aren't just like Dinesh D'Souza.
  • Nissan Leaf leading Chevy Volt in sales:
    For the eighth straight month, the Nissan LEAF outsold the Chevy Volt, and while the sales gulf between the two models isn't massive, Nissan is clearly winning. In June Nissan sold 2,347 LEAF electric vehicles, compared to 1,777 Chevy Volt plug-in hybrids, reports Autoblog Green.

    The last time the Volt outsold the LEAF was in October of 2013, and since then sales of the Volt have leveled off, perhaps in anticipation of the announcement of the next-gen model. Meanwhile though, state tax incentives in Texas have helped increase LEAF sales, especially in the Austin, Dallas, and HOuston areas, though Atlanta (with its $5,000 tax credit) remains the top market for the LEAF.

  • Fans want more fame for Tim Howard:
    A bunch of USA soccer fans thinks Tim Howard deserves his own airport.
    On Tuesday evening, they launched an official White House petition to rename Ronald Reagan Washington National Airport after the Team USA goalkeeper, who set a World Cup record by saving 16 shots during Tuesday's 2-1 loss to Belgium.
  • In a magical taste of irony, Whitelandia, a new documentary on the problematic racial history of Oregon, has run into some problems surrounding appropriation and white privilege. The white filmmakers of the documentary had planned to work with black communities in Oregon, but the individuals who the filmmakers reported as supporting the film were not on board. Writer and scholar Walidah Imarisha whose work the documentary was based on, was featured in the trailer for the documentary and the movie's Kickstarter all without her permission.

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  • On today's Kagro in the Morning show, Greg Dworkin & Joan McCarter have more on Hobby Lobby. Target gets a gun policy. Gun protesters say they'll ignore it. Day 1 of GA's "guns everywhere" law: two open carriers square off. Gun "success" story is underwhelming.

Republican Greg Abbott: Just 'drive around' to 'ask every facility whether they have chemicals'

Posted: 02 Jul 2014 10:44 AM PDT

Texas Attorney General Greg Abbott speaks during an anti-abortion rally at the State Capitol in Austin, Texas, July 8, 2013.  The political battle in Texas over proposed restrictions on abortion resumes on Monday with a rally by abortion opponents and a public hearing in the state Senate, where Democrat Wendy Davis staged a filibuster last month to stall the Republican-backed measure.  REUTERS/Mike Stone (UNITED STATES) - RTX11HAF
Republican Greg Abbott
Goal Thermometer

When Greg Abbott's handlers actually allow him to talk to the press, his usual response is "no comment." Now you'll understand why, once you read these jaw-dropping remarks:

Republican Attorney General Greg Abbott, under fire for blocking public access to state records documenting the location of dangerous chemicals, said Texans still have a right to find out where the substances are stored — as long as they know which companies to ask.

"You know where they are if you drive around," Abbott told reporters Tuesday. "You can ask every facility whether or not they have chemicals or not. You can ask them if they do, and they can tell you, well, we do have chemicals or we don't have chemicals, and if they do, they tell which ones they have."

That's just awesome. Think about all the unnecessary regulations we could eliminate if only we adopted Abbott's way of thinking!
  • What are the ingredients in that yogurt you're eating? Just drive around to Chobani and ask! If you haven't been poisoned first!
  • Are there any side effects for your heart medication? Just drive around to Pfizer and find out! Hopefully you aren't already experiencing palpitations!
  • Is there supposed to be a stop sign at the end of this street? Just drive around to city hall and see what they say! If you make it!

Unfortunately, Abbott's wise plan didn't prevent the deadly fertilizer plant explosion in West, Texas, last year that killed 15 people and injured more than 160. But really, those folks should have just driven around some more to learn about the dangerous chemicals in their neighborhood. Abbott, who's running for governor against Democrat Wendy Davis, might want to check in on the chemicals in his part of town, too, because some nasty ones are clearly getting into his water supply.

Please give $3 so that Wendy Davis can drive around and stop this idiocy.

Rep. Tom Cotton uses Hobby Lobby ruling to attack Mark Pryor's faith

Posted: 02 Jul 2014 10:12 AM PDT

Oh look, a Republican says he's got more Jesus than you.
In an interview with KNWA in Fayetteville, Rep. Tom Cotton commented on Sen. Mark Pryor's faith in response to a question about the Supreme Court's ruling in the Hobby Lobby case. Cotton was asked what the ruling meant. Here's his response:

"It's another example of how Obamacare infringes on the liberties of all Arkansans. Barack Obama and Mark Pryor think that faith is something that only happens at 11:00 on Sunday mornings. That's when we worship but faith is what we live every single day. And the government shouldn't infringe on the rights of religious liberty. So I'm pleased with the Supreme Court's ruling but it's just another example of why Obamacare is bad for Arkansas."

Pryor, it should be noted, is among the more God-promotin' members of the Senate, and was attacked last December by the NRSC after Pryor ran an ad explicitly about his faith; apparently he wasn't a legitimate Christian, for some reason, and back then it was Cotton who was chastising the NRSC for such an "offensive" attack on Pryor.

But that was then and this is now, six months closer to the actual election. It seems an equally nasty argument to make, so I don't know why Cotton would—oh, who the hell am I kidding, four-fifths of conservatism is based directly on claiming that other people's religions are wrong and yours is right because God says so. Of course Cotton is going to claim he understands faith and the other guy doesn't, that's the whole point of the Hobby Lobby ruling, right?

Oh, bonus points for tying your explanation about your strong faith that governs how you live every day to the demand that your fellow Americans be deprived of health insurance that "infringes" on your religious belief that they shouldn't get any. Really stuck the landing on that one.

Pryor has asked for an apology. We'll see if he gets one.

If single women vote, Democrats win. But in a midterm year, that's a big If.

Posted: 02 Jul 2014 09:12 AM PDT

Young woman holding sign that says
Republicans have a big problem with women voters: Republican policies and candidates. Democrats have a different problem: getting women to vote, single women especially. Where married women may narrowly support Republicans, single women vote Democratic by large margins—the problem is, they don't always turn out to vote at all. So while Republicans launch PAC after PAC designed to get women to overlook Republican policies, Democrats are looking to boost turnout among single women by focusing on a broad range of issues:
The party is using advanced data-gathering techniques to identify unmarried women, especially those who have voted in presidential elections but skipped midterms. By mail, online, phone and personal contact, Democrats and their allies are spreading the word about Republicans' opposition in Washington — and state capitals like Raleigh — to pay equity, minimum wage and college-affordability legislation, abortion and contraception rights, Planned Parenthood and education spending. [...]

Democrats' model is last year's victory in the off-year election for Virginia governor. Terry McAuliffe, bolstered by groups like Planned Parenthood, beat a conservative Republican officeholder after Mr. McAuliffe repeatedly informed women about his rival's record against reproductive rights. In a race decided by just over two percentage points, Mr. McAuliffe won unmarried women voters by 42 points.

This year Democrats modified the McAuliffe model to emphasize pocketbook issues too. While single women generally are socially liberal, "the issues they really care about are economic," Mr. Greenberg said.

Just about every time Republicans launch one of these ladies-outreach PACs, they say "women don't just care about abortion! that's how we're going to get them," which turns out to be code for "we're going to say we're talking about economic issues when really we just mean 'repeal Obamacare.'" Democrats, on the other hand, actually have more than one thing to talk about, as the plans cited above make clear. And the Supreme Court, as Markos noted Tuesday, helped those efforts with the Hobby Lobby decision, which spans a social issue and a pocketbook one—birth control can be expensive, but unplanned pregnancy is even more so. And both are especially hard to afford when Republicans are blocking a minimum wage increase. And that is why, if Democrats can get the word out about what Republicans are doing and motivate the base, they'll win.

Koch teams up with Fox employees

Posted: 02 Jul 2014 09:00 AM PDT

David Koch, executive vice president of Koch Industries, attends an Economic Club of New York event in New York, December 10, 2012.  REUTERS/Brendan McDermid (UNITED STATES - Tags: BUSINESS POLITICS) - RTR3BFKF
Media Matters takes a look at the intersection of Fox News and the Koch brothers' political empire:
At least 15 Fox News hosts and contributors have recently campaigned with two political organizations created and heavily funded by billionaire industrialists Charles and David Koch. Many of those same Fox News personalities have also defended the Kochs from attacks and praised their political efforts on-air. [...] According to a Media Matters review, the following Fox News personalities have participated in AFP and AFPF events since 2012: Guy Benson, Tucker Carlson, Monica Crowley, Jonah Goldberg, Greg Gutfeld, Mary Katharine Ham, Mike Huckabee, Laura Ingraham, Andrew Napolitano, Sarah Palin, Charles Payne, Dana Perino, John Stossel, Cal Thomas, and Juan Williams.
Thanks to limited disclosure requirements, it's unclear whether and how much money these individuals received for their boosterism, but given the 9 figure sums that the Kochs are dumping into the political process, it seems like a pretty easy bet that they distributed some of that to their friends at Fox.

I guess it's not entirely surprising that so many employees from a conservative news channel would also be cogs in a conservative political machine like the one that the Koch brothers run, but it is yet another reminder of just how intimately involved the Kochs are in everything on the right—and just how small their "talent" pool is that they have to draw on Fox, and that Fox has to draw on them.

Hobby Lobby decision not likely to be the end of birth control coverage litigation

Posted: 01 Jul 2014 03:08 PM PDT

Demonstrators in support of abortion and contraceptive rights read on their mobile phones as the ruling for Hobby Lobby against their cause was announced outside the U.S. Supreme Court in Washington June 30, 2014. The U.S. Supreme Court on Monday ruled th
Luckily for American women, the Supreme Court doesn't have the ultimate say in contraceptive coverage, and least not with the Hobby Lobby decision. For example, Kaiser Health News, reports:
More than half the states have "contraceptive equity" laws on the books that require most employers whose health insurance covers prescription drugs to also cover FDA-approved contraceptives as part of that package. Unlike the ACA, those laws do not require that coverage to be available without deductibles or co-pays. […]

The Religious Freedom Restoration Act, which the court used to say the closely held companies don't have to abide by the federal mandate, "doesn't supersede state law," said Marcia Greenberger, co-president of the National Women's Law Center.  "They stand as independent protections."

Some of those states have exemptions for non-profit religious organizations, like the federal law, with just Arizona and Illinois expanding them beyond expressly religious entities. However, Hobby Lobby and other firms that self-insure aren't subject to state insurance laws, because they're not buying state-regulated insurance. Other companies, though, which don't self-insure do have to abide by that state law.

But there aren't just state protections, and here is one of the glaring problems with the decision—women are singled out. And this:

But [self-insuring companies] are still likely subject to a ruling issued by the Equal Employment Opportunity Commission in the year 2000 that employers that fail to cover contraception as part of their health insurance benefit package are discriminating against women in violation of the 1978 Pregnancy Discrimination Act. That law was itself an amendment to the 1964 Civil Rights Act.
The employees of Hobby Lobby and other companies that take advantage of the exemption could sue their employers, charging gender discrimination. The litigating is far from over on this one.

Things that impact the battle for the US House don't include Benghazi, or Repeal

Posted: 02 Jul 2014 07:30 AM PDT

House generic congressional ballot, Jan 2013 - June 2014

Graph of the generic congressional ballot the last 18 months
The graph above is from Huffington Post's plot of the generic national House vote, from January 2013 to today. The blue line is Democrats, the red line is Republican.

Democrats started 2013 with the halo glow of the Obama re-election and dominant Democratic victories in the Senate. That lead whittled down with Obama's approval numbers over the year, until October 2013, when the Republicans shut down the government. At the height of the shutdown, Democrats enjoyed a nearly seven-point lead in the generic congressional ballot, numbers that would give us House Speaker Nancy Pelosi.

But alas, Democrats ceded all those gains when the administration was unable to launch Healthcare.gov in working order. For Republicans whose key tenet is "government is broken," it was an unforced error, and one from which Democrats haven't fully recovered.

But the GOP's bump didn't last long, and faded as the website finally worked. And they faded and sat in the high 30s until the first two weeks of April. The good news from the ACA seemed to galvanize both sides initially, though Democrats got the bigger and more lasting bump from news that 8 million Americans had signed up, surpassing even the optimistic projections of 7 million.

So Republicans tried to change the subject from repeal, because that was no longer politically expedient. There was Cliven Bundy, and we know how that turned out. Then lots of screaming about the Benghazi Select Committee, but the GOP continued their downward trajectory. Bergdahl didn't change matters, and now the Republicans are stuck just shy of 40 percent.

Note what HASN'T changed any numbers—the relentless millions that Koch and his friends have spent hammering Democrats. The Kochs started spending heavily late last year, so they can't even take credit for the early-2013 Democratic slide. That appears to be more voter fatigue than anything else. And the GOP's high-water mark over the past 18 months has been 42 percent, and they've spent most of that time in the 30s. Are those the numbers of a party that fancies itself the majority?

Of course not. Whatever advantages the GOP has this fall, it has them because of the cycle's expected voter profile. There is no broad clamoring for GOP leadership in this country. Quite the opposite, actually.

Cartoon: Bulletproof blankets

Posted: 02 Jul 2014 06:50 AM PDT

click to enlarge

Daily Kos Elections Morning Digest: New PPP poll unexpectedly brings good news for Mark Schauer

Posted: 02 Jul 2014 05:00 AM PDT

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Leading Off:

MI-Gov, -Sen: PPP's new Michigan survey is at once very similar to most polls we've seen from the state lately and also quite different. In the Senate race, PPP sees Democrat Gary Peters leading Republican Terri Lynn Land 41-36, the same margin that almost every other firm has come up with over the past few months, and in fact identical to the score PPP itself found back in April.

However, their gubernatorial numbers are much more optimistic for Democrat Mark Schauer than any he's had in a long time. PPP has Schauer tied at 40 apiece with GOP Gov. Rick Snyder, which is not only an improvement from Snyder's 43-39 lead last time but also the first time (apart from one outlier Clarity poll) that Schauer hasn't trailed in over a year. So what gives?

Well, as longtime observers know, Michigan is home to a lot of crummy pollsters, so it's hard to trust a lot of the data that comes out of the Wolverine State. It's also worth noting that Michigan is the first and so far only state that the DGA has seriously contested early on, spending $1.9 million to date and reserving $6 million more in fall TV time. The RGA has run ads here, too, but they've relied on incredibly dumb spots that make a stupid pun based on Schauer's last name. And Snyder's advertising has just been bewildering.

So perhaps this race is closer now that it's been for a while, or perhaps PPP just came up with a very Democratic-friendly sample. If you dig further down, you'll see that Democrats have a wide 48-34 lead on the generic legislative ballot, which would likely be enough for the party to retake the state House if it holds—and if it's accurate. Accuracy is the big question, of course, so let's see what other polls look like in the weeks ahead. Hopefully we'll get some reliable ones.

Daily Kos Radio is LIVE at 9am ET!

Posted: 02 Jul 2014 05:30 AM PDT

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Daily Kos Radio's Kagro in the Morning show podcasts are now available through iTunes.

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Cheers and Jeers: Wednesday

Posted: 02 Jul 2014 05:18 AM PDT

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From the GREAT STATE OF MAINE…

An Open Letter to America

From the Couch of Bill in Portland Maine

Dear America,

Hello from Maine. We hope this finds you well. Summer is in full swing here (although I reject the humidity on religious grounds), and it's a nice change from the awful winter that finally left us last month. Of course, summer brings its own perils, like black flies that'll grab you by the neck and carry you off to lord knows where. Ha ha…just kidding. They really can't lift anything larger than a cocker spaniel or a Smart Car. But I digress.

Do you remember in 2008 how Republicans kept saying that Barack Obama was "palling around with terrorists," except he really wasn't? Well, we'd like you to know that our tea party governor has been palling around with alleged terrorists…like, for real!

Eight times---VIII!!!---Governor Paul LePage met with members of an FBI-labeled domestic terrorist group who apparently wouldn't mind killing state Democratic leaders for high treason. LePage "nodded" at them thoughtfully. He called them "reasonable." He shook their hands and may have even given them a real Fox News "terror fist jab." Every time he saw them he said "It's good to see you again." It was all smiles and sugar cookies and freedom punch. Come, fellow wackadoos---let us sit and ruminate on the important issues of the day, like the 9/11 hoax and the United Nations plot to steal our golf courses and replace them with gulags. And do tell me more about how the Jews are going to disappear the Christians, and how failure to pay your bills with anything but gold or silver might lead to a bumpy ride in a cramped car trunk. It's all so fascinating!

It's all so downright creepy.

So, basically, we're writing to request a favor, America. Just check up on our state from time to time to make sure we're still here and in possession of our precious bodily fluids. Call us, text us, tap on our windows. Not forever, mind you….just until November when our terrorist group-coddling governor gets replaced by a responsible, level-headed, non-terrorist-paller-arounder and conspiracy-free Democrat. We're not sure if Maine is in real danger or not, but when a governor kicks up his heels with a terrorist organization eight times, ya gotta wonder if they're not cookin' up something. Ayuh. Somethin' wicked sinistuh.

Sincerely,

Bill in Portland Maine
On behalf of all sane Mainers

P.S. To those of you who bet me that your governor was crazier than ours: you can pay up now.

Cheers and Jeers starts below the fold... [Swoosh!!] RIGHTNOW! [Gong!!]

Abbreviated Pundit Round-up: World Cup edition

Posted: 02 Jul 2014 04:30 AM PDT

Some beautiful soul made @TimHowardGK the Secretary of Defense on Wikipedia. #accurate
@JadeReindl
Nate Silver:
After losing 2-1 to Belgium on Tuesday, the U.S. men's national team will be left to contemplate its future; after years of steady improvement, there are hints U.S. men's soccer has hit a plateau. But one American left the tournament with a strong argument for his international quality: Goalkeeper Tim Howard.

Howard was FIFA's Man of the Match despite conceding Belgium's two goals — both in extra time. The award is deserved. In fact, Howard's game probably was the best by a goalkeeper in the World Cup to date.

Benjamin Morris:
By now I've studied nearly every aspect of Messi's game, down to a touch-by-touch level: his shooting and scoring production; where he shoots from; how often he sets up his own shots; what kind of kicks he uses to make those shots; his ability to take on defenders; how accurate his passes are; the kind of passes he makes; how often he creates scoring chances; how often those chances lead to goals; even how his defensive playmaking compares to other high-volume shooters.

And that's just the stuff that made it into this article. I arrived at a conclusion that I wasn't really expecting or prepared for: Lionel Messi is impossible.

More politics and policy below the fold.

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