TWiA explores the intersection of policy and politics, and most importantly, how that intersection affects real people. It's dedicated to the proposition that good government is possible, it matters, and taxpayers deserve nothing less. Its starting point is that facts are facts, science is real, data are real, and we can and must learn from history. Below you'll find facts and opinions that derive from fact, informed by a close and careful study of these issues that began in 1968 and has never stopped. Note, when we discuss generic "Democrats" and "Republicans" or "conservatives" and "liberals," etc., we're generally talking about elected officials, unless otherwise noted. Also, bonus bear news and other awesomeness. We appreciate comments and arguments, so please chime in, and if you like it, spread the word.
This Week in Judicial Activism on a Grand Scale
Establishment conservatives like Jeb Bush constantly rail against judicial activism. But to Bush's right, there's a network of Libertarians who are actively working to remake our entire judicial system, from law students to clerks to law professors to lawyers to judges to Supreme Court justices. If they have their way--especially if a couple of their people make it into SCOTUS--then America would see a sudden and dramatic rolling back of the clock.
These Libertarians would use judicial might to undo the programs of the New Deal, like Social Security. They would undo programs of the Civil Rights era, like the Voting Rights Act. They would undo food safety laws, minimum wage laws, worker safety laws, laws against child labor and laws against compelling employees to work 60 hours a week. In their eyes, the Constitution has two purposes: "to secure inalienable property and contract rights for individuals."
In other words, to let the rich have and do essentially whatever they can afford, at the expense of everyone else.
A company that wanted its employees to labor for 19 hours a day in an enclosed room with no climate control or ventilation systems, plucking chickens with their bare hands, could get away with it as long as it could find employees willing to work under those conditions. And since the job down the road might be just as bad or worse, and the employees would have no federal protections or right to organize, it probably could. The lessons taught in 1911 by the Triangle Shirtwaist factory fire would be unlearned.
Social Security allows people to pay into a system that will pay them back in their later years, when most of them are no longer able to hold jobs. In many cases, it's the lifeline that lets seniors live with some measure of dignity, and not have to subsist on cat food in order to pay rent and buy medicine. Under these people, that would disappear, and seniors would have to try to find paying work, or starve.
Medicare allows those same seniors to get necessary health care, at the age when they need it most, without bankrupting themselves or being denied care because they can't afford the exorbitant rates the medical community demands (and it could demand more, because there would be no laws restricting it).
The Fair Housing Act forbids housing discrimination on the grounds of race, religion, and other protected statuses. Under these people, that would go away, and anyone could choose not to sell to blacks or Asians or any group they didn't like.
And so on. If you have the money, you can write your own rules. If you don't... well, tough luck, sucker. Shoulda thought of that before you chose to be poor.
What can we do about them? For starters, know they exist, because they've largely been flying under the radar of everyone except those on the far right. Keep electing Democratic presidents, and try to return the Senate to the Democrats, because a Republican president might nominate this group's chosen candidates to the Court, and a Republican Senate might confirm them.
If we like living in the 21st century more than we'd like living in the 19th, it's important to keep this in mind. Four Supreme Court justices will be 80 or older during the next president's term. Even two could reshape the Court--and America--for generations to come.
This Week in the Iran Deal
President Obama gets his deal, and the world gets a nuclear-free Iran. Democrats keep coming out in favor of the administration's deal with Iran, making it impossible for the Senate to override a presidential veto (even if the Republicans, who are lockstep in opposition to the deal for various ideological reasons, are able to reach the 60-vote threshold they've made the new Senate norm).
Robert Einhorn of Brookings points out what should be obvious to all: there is no "better deal" to be had. "Following a Congressional 'no' vote and a successful override of the president’s veto by a two-thirds majority in both houses, Obama would be barred from fulfilling the commitment under the deal to suspend U.S. sanctions, removing Iran’s main incentive to meet its commitment to reduce its nuclear capabilities and accept rigorous monitoring measures. No longer bound even by the constraints of the November 2013 interim deal, the Iranians would be free to ramp up their enrichment capacity and shrink the time it would take them to build a nuclear weapon."
Einhorn proposes that Congress work with the president, instead of against him, to create policies that will help meet the deal's goals on our own. They include working with our global partnersto ensure the deal's principles. He lays his ideas out here, and they're worth a look.
And Secretary of Defense Ashton Carter explains why the deal is better than a military option--and why if the military option does become necessary, it will be more effective because of the deal.
This Week in 2016
We reported last week that much of Donald Trump's support comes from people who could charitably be described as "low information voters." They don't think much about the issues, they don't study them, and they base their electoral choices more on emotion than fact. (There's a certain amount of crossover with Fox "News" viewers, because there are precious few facts to be found there.)
A new poll from Public Policy Polling (the pollster with the most accurate 2012 presidential results) reveals some interesting tidbits.
Only 29% of Republican voters think Barack Obama was born in the United States (44% say no, and 26% aren't sure). 40% of Republican voters think Ted Cruz was born in the United states (22% say no, 39% aren't sure).
For the record, Obama was born in Hawaii (after it had become a state). Ted Cruz was born in Canada.
Out of Trump supporters specifically, it's even worse. Fully 61% of Trump supporters think Obama was born outside the US, and only 21% accept the truth. 66% think Obama is a Muslim, vs. 12% who think he's a Christian (they were obviously not tuned in during the 2008 race, when Fox ran wall-to-wall coverage on the "radical" Christian church Obama had attended for the last couple of decades). Among Republicans overall, 54% think he's a Muslim.
63% of Trump supporters want to get rid of birthright citizenship, 51% of Republicans overall do.
It's not an impressive showing.

Then again, Trump is running as 2016's Sarah Palin--call him Donald TrumPalin--a low-information candidate. Asked some foreign affairs questions by conservative radio host Hugh Hewitt, Trump was clueless, but he responded in typical Trump fashion. Either the questions were unfair (he relied heavily on Palin's favorite descriptor, "Gotcha questions"), or his answer was a vague statement that he'll handle the situation better than anybody else--a statement that doesn't require one to actually know anything about the situation. Using that technique, TWiA's staff could say, "Next time a giant asteroid is heading toward Earth, threatening to cause an extinction event, don't worry--we'll handle it like nobody's business!"
Trump's response to one of Hewitt's questions about Iran was a classic mix of both approaches. "I mean, you know, when you’re asking me about who’s running this, this this, that’s not, that is not, I will be so good at the military, your head will spin."
Okay, Donny TrumPalin, we're glad that's settled.
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We don't believe it's usually appropriate to hold candidates responsible for the people who endorse them. Anybody can endorse anybody, and some unsavory types might endorse perfectly reasonable candidates because of their views on some obscure issue, and the candidate can't do anything about it.
In Donald Trump's case, though, the racists and white nationalists who are supporting him are doing so precisely because of the issue Trump has chosen to accentuate above all others. He wants to deport every undocumented immigrant--and their American citizen children, if necessary--and build a giant wall across the southern border. And these folks just love that idea. Trump might not have solicited their support, but he's proposing ideas that fall right in line with their ideology. That says a lot about his ideas.
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Trump talks about the Bible, a lot. Has he ever read it? Scanned it? Heard it described? Doesn't sound like it. Turns out that asking him about the Bible is a lot like asking his pal Palin which newspapers she reads. Her response? "Um, all of them." Asked whether Trump prefers the Old Testament or the New Testament, his response was, "Uh, probably [long pause] equal. I think it's just an incredible, the whole Bible is an incredible, I joke, very much so, they always hold up The Art of the Deal, I say it's my second favorite book of all time. But, uh, I just think the Bible is just something very special."
And yet, he's leading among Evangelicals. Mind-boggling.
* * *
Scott Walker's been watching too much Game of Thrones.
This Week in Immigration
The Republican presidential candidates, with few exceptions, are fighting over who can be the most anti-immigrant candidate. To back up their positions, some are pointing to a new study claiming that the majority of immigrant families collect welfare, draining resources needed by native-born families. At the New Republic, Laura Reston shows why that's not true. Even conservative groups like the Chamber of Commerce and Libertarian ones like the Cato Institute dispute the study's methodology and conclusions. The truth is somewhat different--most immigrants working in this country receive paychecks from which Social Security and other taxes have already been deducted. Undocumented immigrants, though, will never be able to reap the benefits of the programs they're helping to fund. And undocumented immigrants, except in a handful of locations, are ineligible to receive welfare (though they might have spouses or children who can). They're paying in, therefore, considerably more than they're taking out. Not only would deporting them all (even if that were physically and financially feasible) raise prices in numerous areas where undocumented immigrants work--food prices, hotel prices, etc., but it would damage the Mexican economy (which would increase immigration back this way, wall or no wall) and it would damage the American economy.
This Week in Gun Safety
Between the start of Memorial Day Weekend and August 28, approximately 3,702 Americans were killed by gunfire. 8,513 more were wounded by guns. Here's the story of America's bloody summer--or, according to some people, our receipt for paying the acceptable price of being an American.
Side Note: The nine people murdered in Chicago on Wednesday are not part of the above count, but they're part of the continuing tragedy of gun violence in America.
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Ten years ago this week, the residents of the Gulf Coast were still dealing with the disastrous effects of Hurricane Katrina, and in New Orleans, with the tragic failure of the levees. To look at the photographs now is still to be faced with an almost unimaginable scene--the kind of tableau we've seen over and over again in other, less developed countries, but unfolding right here in a major American city.
During the flood, the NRA sent in camera crews to "document" the large-scale confiscation of guns. Ever since, they've held up the Katrina example as proof that the federal government will use any disaster as an excuse to seize legally owned firearms. Some pro-gun death enthusiasts warn about disasters that are entirely created by the government for that purpose, like the ionospheric soundwave disruptor the feds used to create Hurricane Sandy.
Trouble is, none of that's true. Before Katrina, some New Orleans cops illegally confiscated weapons for their own personal use and enjoyment. It was never official policy, before, during, or after. The "evidence" the NRA relies on to support its claim is dramatically falsified to serve as propaganda.
How can we be so sure? For one thing, look at the federal government's botched response to the storm. Could that government mastermind a widespread confiscation of guns that stayed under the radar to everyone except the NRA's clever camera crews? Could it have kept those thousands of guns hidden for so long? As Adam Weinstein writes at The Trace:
"None of this is to say another mass civil breakdown couldn’t expose a similar state of disorder, corruption, and incompetence as we saw in New Orleans a decade ago. But it’s highly unlikely — almost as unlikely as the possibility of a mass gun-grab. That’s because most of the scenarios dreamed up by confiscation-fearing gun advocates in the years since rely on a vision of supreme government power that’s completely contrary to what happened during Katrina. At critical points during the storm, there was no functioning state, no coordination of efforts — much less a grand plan. But the looming threat of bigger gun-grabs relies on the existence of supremely competent, and supremely malign, government forces working in perfect lockstep. They simply do not exist, and Katrina is the surest proof."
Weinstein concludes, " Never mind that New Orleans was a terrible one-off, a cautionary tale that led to reforms on every level. Never mind that even witnesses sympathetic to the NRA say gun confiscation in New Orleans was overblown. Never mind that time and again since Katrina, the NRA has been exposed as crying wolf. Digesting facts is less important to LaPierre than instilling fear — of the government, of lawlessness, of chaos and evil that are always out to get the defenseless gun owner. When it comes to bogeymen, the NRA conjures multitudes. Last week, it was the UN; this week, it is the weather. Again."
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It's true that conspiracy theories abound about Hurricane Katrina, as they seem to in America about all kinds of events. Some people are spreading the story online that the live-TV murders in Virginia last week didn't really happen, but were staged by the federal government to create an excuse to confiscate guns. The Newtown mass murder of schoolchildren was a similar "black flag" effort, and the parents of the "dead" children were all in on it. At the Marshall Project, a history professor and author of a book on conspiracy theories discusses why these often absurd plotlines are believed by so many Americans. In what seems like an obvious contradiction, conspiracy theorists seem to think the federal government is incapable of governing effectively, but at the same time, capable of putting together huge conspiracies, sometimes involving dozens or hundreds of people, and keeping it all secret forever.
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Here's a post about the need for sensible gun laws written by a gun-owner who also works as a forensic pathologist for the NYPD, so sees gun safety from multiple angles. He's also not particularly fond of the NRA: "But I don’t know that that can be implemented nationwide because of one thing: the gun lobby. It’s extraordinarily strong, and extraordinarily effective. And ruthless. Politicians have learned that the NRA will fuck you up, and no one seems willing to stand up against them. Gun violence is one of the saddest proofs that democracy in the US has now become completely cannibalized in the service of Capitalism."
(Thanks to TWiA Special Forensics Correspondent Marcy Rockwell for the tip.)
* * *
Here's a proposal that's unlikely to catch on, but that raises some valid points: "Let everyone in this country keep their guns, but force them to insure those guns. It seems so obvious when you think about it. We insure our cars, our houses, our boats and bodies, even our plane tickets and rental cars. And some of those policies are legally mandated. We should absolutely require gun owners to pay against the indemnity they might incur when their gun does what it is statistically most likely to do – kills or injures them, or someone else."
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We know where the NRA stands, but how do Americans in general feel about stronger gun laws? It depends on how you ask the question. We tend to be against "gun control" as a nebulous concept, but in favor of the individual proposals under discussion. The Washington Post reports, "Take three specific proposals: Adding background checks to private gun sales, banning people with mental illnesses from buying guns and creating a federal database to track gun sales. Public support for these changes range from very strong to overwhelming, according to a Pew Research Center poll conducted in July."
If people would communicate to Congress how they really feel about these ideas, rather than letting the NRA have all the power, change might be allowed to happen. Not in this Congress, but maybe in the next, or the one after that.
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We often point out how seldom guns are actually used for self-defense, but every now and then, one is. Such was the case in Phoenix, AZ this week.
This Week in the First Alaskans
President Obama spent a few days in Alaska this week, drawing attention to the ravages of climate change. One of his more controversial moves was to change the name of Mt. McKinley, restoring its original name of Denali. We didn't know, until this hit the news (even though we've been to Alaska) that President McKinley never visited Alaska, never saw the mountain named after him, and it was named for him before he was even president. A gold prospector who liked candidate McKinley--because McKinley supported the gold standard--named the mountain (or re-named the mountain), ignoring the name those who lived there had given it. Among the invaders, the name stuck. Going back to Denali seems like a good idea to us. Ohio Republicans disagree (McKinley was from Ohio), but Alaska has been trying to get the name changed since 1975, and both of its Republican senators support the change. Here's what Alaskans think about it (which, for states' rights conservatives, should be the final word on the matter).
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Environmentalists are glad to see Obama promoting an agenda to limit greenhouse gases and to demonstrate for doubters the reality of climate change, but they're not happy that he's doing so in Alaska right after green-lighting oil exploration in the Arctic by Shell. The exploration was first agreed to by President Bush, but environmentalists believe Obama could have blocked it, and by letting it proceed, his Alaska trip sends a very mixed message.
* * *
Obama spoke at a conference on Arctic issues, and he didn't mince words. If we don't act now, and boldly, he said, we will "condemn our children to a world they will no longer have the capacity to repair." As if directing his comments toward the Republican presidential candidates, he added, "Any leader willing to take a gamble on a future like that, any leader who refuses to take this issue seriously or treats it like a joke, is not fit to lead."
He's right. The Republican candidates generally scoff at climate change. They're foolish to do so.
The White House is keeping a record of the president's trip in tweets, photos, notes, videos, and more. Check it out here.
This Week in Kentucky
We don't have much to say that hasn't already been said about Rowan, KY county clerk Kim Davis's stint in jail, except to observe that Judge Bunning, the George W. Bush appointee who put her there, was left without any other valid options. She doesn't want to issue marriage licenses in her county because she doesn't believe that God wants people of the same gender to marry each other. She believes that so steadfastly that she's willing to sit in jail for that belief. On the surface, that's fine--Dr. Martin Luther King was jailed for his beliefs in social and racial justice. Civil disobedience often results in jail time.
The difference here is that King was not elected by the people of his county to do a job, and was not paid for that job by the taxpayers. King was a private citizen. Davis isn't. Davis took a government job that requires her to abide by the Constitution of the United States, and the Constitution tells us that the judicial branch of government interprets the law. The Supreme Court interpreted the law as saying that adults who love each other can marry, regardless of gender--in other words, that all people would be treated equally in that regard.
To us, the admittedly nonreligious global staff of TWiA, that interpretation--open, accepting, loving--seems more Christian than one that is bigoted, judgmental, and declares some Americans less deserving of their rights than others. Various alternate examples have been offered: What if she was a Muslim county clerk who refused to issue marriage licenses in her county, because some of them would go to Christian couples, and she didn't believe Christians should be allowed to marry? What if she was a Quaker whose job was to issue gun licenses, and she refused because she didn't believe individuals should own weapons of death and destruction? Would far right presidential candidates like Mike Huckabee and Ted Cruz be lining up to support her?
Huckabee tweeted, "Kim Davis in federal custody removes all doubts about the criminalization of Christianity in this country."
Cruz's statement was, in part, "Today, judicial lawlessness crossed into judicial tyranny. Today, for the first time ever, the government arrested a Christian woman for living according to her faith. This is wrong. This is not America. I stand with Kim Davis. Unequivocally. I stand with every American that the Obama Administration is trying to force to choose between honoring his or her faith or complying with a lawless court decision."
That's a deliberate misreading of the situation. She was not arrested for living according to her faith. Her Christianity hasn't been criminalized. she was arrested for violating a court order. The law is the law, and people don't get to simply ignore laws they don't like (although in recent years, more and more Christians--claiming a war against Christianity that exists only in their minds, have been claiming that they should. We suspect it goes along with the right-wing fantasy of nullification. Neither argument is Constitutionally valid).
Someone named Rachel Held Evans wrote a tweet of her own, which more than counters Huckabee's. "No one's being jailed for practicing her religion. Someone's being jailed for using the government to force others to practice her religion."
Davis is not the victim here--the ones wronged are the couples in love, straight and otherwise (Rowan County is issuing no marriage licenses, not just denying same-sex couples, because Davis thinks somehow that protects her from claims of unequal treatment), who can't get married because of her individual religious beliefs. We don't know if Davis swore an oath before God to uphold the Constitution, but that's not uncommon in elected offices. Even if not, taxpayers are paying her to uphold the Constitution. She not only won't issue licenses, but she refuses to allow other people in the office to do it--rejecting a legitimate accommodation to her extreme views. If she doesn't want to fulfill the responsibilities of the job to which she was elected and for which she's paid, her recourse is not to become a pretend martyr and sit in jail while right-wing organizations raise money for and off her. Her recourse is to quit her job and let someone have it who will perform the necessary duties. Until she's willing to do that, jail is as good a place for her as any.
This Week in How You Can Help
We'll let Wendsler Nosie Sr. of Apache Stronghold speak for himself:
"Oak Flat lies within the Tonto National Forest near the old mining town of Superior, Arizona. The area is part of the cultural heritage of the Apache people: it is a place for us to hold coming-of-age ceremonies, to collect food, and to pray.
"But an amendment to an unrelated defense bill traded the land away to a foreign mining company with close ties to Arizona's two U.S. senators.
"Oak Flat's spiritual and cultural significance is well established. Both the Eisenhower and Nixon administrations provided special protections for Oak Flat. With these safeguards in place, the area was off-limits to mining interests.1
"But British-Australian mining consortium Rio Tinto has had its eye on the area for years. Legislation trading away Oak Flat has been introduced in every Congress since 2005.
"This past year, the mining interests finally succeeded.
"The transfer of land has not been finalized, but it could go through in a matter of months unless we stop it.
"Fortunately, a growing movement of Native Americans, conservationists, and social justice activists have turned up the pressure on Congress. In response, a bill reversing this giveaway has been introduced with bipartisan support."
You can send your own letter here (or, you know, directly to your own senators).
This Week in Bears
Here's a guy who didn't have to go far to see bears--they come to his kitchen window.
In case you've forgotten, bear cubs at play are adorable.