Freedom for the Boss; Drudgery for the Rest of Us

May 16, 2017

I keep looking for ways to talk with supporters of the Administration. President Carter started the deregulation frenzy. That has become half of the Republican cut-and-deregulate refrain ever since, consistently repeated by the current White House and the Republicans in Congress. I’d like to focus on the things that will affect those of us who are, financially speaking, ordinary, middle-class Americans.

Here are changes the Administration and congressional Republicans are considering that affect working conditions:

  • The White House Office of Information and Regulatory Affairs has been postponing and considering cutting down a Labor Department rule that limits “workers’ exposure [to] toxic material, which can cause a deadly lung disease.”
  • The same White House Office is also “considering a proposal to roll back protections for workers in construction and shipbuilding.”
    • Those rules allow our employers to save cash by risking our health.
  • The Working Families Flexibility Act … would give employees a choice between taking time off or being paid time-and-a-half when they work more than 40 hours in a week.”
  • Either way, Republicans oppose changing overtime rules to raise eligibility for overtime above the current $23,660 per year.
    • Those rules allow our employers to save cash by shortchanging us.

Here are some that affect the health of financially ordinary Americans:

  • The Administraton has already taken steps to “roll back healthy school lunch standards”
  • The new head of the FDA “has invested in or consulted for dozens of healthcare companies” which suggests that the Food and Drug Administration won’t be much help in preventing unnecessary complications and expenses.
  • The House health care bill would eliminate Obamacare requirements that insurance plans cover prescriptions drugs and mental healthcare. Like all insurance, drug and mental health care coverage are intended to protect people from unplanned changes in the costs of survival.
  • Senate Republicans narrowly lost an effort to roll back a regulation that “limit[s] methane emissions from oil and natural gas drilling.” Methane is even more damaging to the climate than carbon.
    • Those rules risk our health for the sake of other people’s profits.

On savings for retirement:

  • “Trump’s Labor Department delayed the so-called fiduciary rule, ordering financial advisers to act in … [your] best interest[s] … [if you] are saving for retirement.”
  • The CHOICE Act would allow the banks that brought us the crash of 2008 to opt out of regulations adopted after the crash and intended to prevent another. And the bill renames the Consumer Financial Protection Bureau and “reduces its power to enforce pre-existing consumer protection laws.”
    • Those rules risk our financial security for the sake of other people’s profits.

Meanwhile, Republicans on the Supreme Court show little respect for working men and women.

  • With Breyer’s help they have blessed “Professional debt collectors … [who] built a business out of buying stale debt, filing claims in bankruptcy proceedings to collect it, and hoping that no one notices that the debt is too old to be enforced by the courts.”
  • The Court continues to apply a 1925 statute intended for interstate business transactions to consumer contracts and the Court bars state regulation entirely.

What Republicans continue to give us is freedom for the boss and drudgery for the rest of us. As the old folk song has it, “same song, second verse, could get better but it’s gonna get worse.”

— This commentary was broadcast on WAMC Northeast Report, May 16, 2017.


Should We Just “Get Over it”?

May 11, 2017

Trump’s supporters claim liberals should “get over it.” Trump was elected so we should “get over it.” Really? What should we “get over”? We should certainly “get over” losing a popularity contest – a high school election or selection of a beauty queen. But getting over real damage is shallow and heartless. It may be our privilege to “get over” our own losses, but we don’t have the moral privilege of “getting over” impending death, damage and destruction to others that we could have stopped?

Trump’s opposition to environmental rules will poison the air and water. Should we get over it before or after people sicken and die? Before or after children are poisoned, injured or permanently damaged?

Trump’s abandonment of green power and his promotion of fossil fuels and fracking will boil our world, flood our coasts, smash our homes with violent storms, unleash new infections on us, and parch our lands and lips with drought. Should we get over it or try to prevent it? Should we celebrate while we’re spared or should we cry for family, friends, and neighbors?

Vive la France! But Trump’s attack on European unity emboldens the world’s dictators and masks his own desire to join them. Should we celebrate unraveling the European union that put a stop to the most deadly wars in the earth’s history and nearly destroyed our closest allies? Or should we try to keep it strong?

Trump’s attacks on regulation threaten to crush the vulnerable. Should we celebrate their misfortune? Trump removed brokers’ obligations to protect their clients’ interests. Shall we thank him for encouraging fraud? For trumping decency.

Perhaps we can get over our own losses, but should we “get over” the consequences to other hard-working and decent people all over the country? Should we get over the decency in our own hearts? Is it weakness to care about others? Or are we strong enough to care?

Trump keeps talking about making the country great again, while selling it out and most of it’s people for the selfishness of a few. Should we reward him for it?

What should we respect in ourselves and each other? That our so-called “Second Amendment rights” threaten others’ lives whenever anyone loses their tempers, becomes frustrated or jumps to conclusions? Are we on the way to becoming a nation of barroom brawlers congratulating whoever is strong or fast enough to kill everyone else? Is that the great new America?

Trump has called off investigations into police killings. Should we respect people we call “lawmen” who are so scared of a man putting his key in his door that they have to shoot him instantly? Do America’s “bravest” shoot men in the back, on the ground or with their hands up? Or is cowardice the new bravery? Is Trump encouraging chaos so that he can step in with dictatorial powers claiming that it’s necessary for our own safety to shoot men in the back?

There is nothing in the White House to get over. There is everything to stop, control, limit, prevent. The imposter-president is a threat to meet, not a bet to get over.

Trumpistas have saddled us all with a doozy. Let them “get over it.”

— This commentary was broadcast on WAMC Northeast Report, May 9, 2017.


What’s to blame for our divided nation? The cause can also be the cure

May 10, 2017

My views of the legal contribution to American polarization and what can be done about it have now come out as

“What’s to blame for our divided nation? The cause can also be the cure” [click here] on TheHill.com. Enjoy.


Organize to Vote

May 2, 2017

All of those who took part in recent demonstrations – the women’s marches, Black Lives Matter and others aimed at protecting civil liberties, immigrants, the vulnerable and the less advantaged – we are not a minority.

But demonstrations aren’t enough. This country is ruled by ballots. Protests matter when ballots threaten. Nonvoters are routinely discounted. So the next step is to organize to vote.

That’s where demonstrations become a major opportunity. Those who marched can be helped to register or they can help others register and vote.

Marchers need to be asked: whether they are registered to vote; whether they are registered at their current address; whether they are registered to vote in the primaries; whether they have been getting to the polls and voting; and whether they know others, in this or any other state, who need help or encouragement to register and vote. Would you get registration forms for others?

Demonstrations can lead to votes in other ways.

Demonstrate at the Board of Elections to make a difference by showing we want to vote, we’re signing up to vote, we’re ready to vote. Let’s show up where it matters.

Demonstrate outside the 100 foot or other state defined zone where electioneering is prohibited, showing and sharing the fact and the joy that we voted, and you voted, and we performed our civic duty for each other and we did it together and we’re celebrating – those are demonstrations that can make a difference.

What’s crucial about the demonstrations we all took part in doesn’t end with the message. That’s the beginning; that’s what got us fired up and brought us together; that’s what made clear our commitment and our shared sense that acting as a people is empowering. But what matters is converting that commitment – the joy, the fire in our hearts and the messages we marched for – into votes.

Democracy depends on what happens at the voting machines. It’s run by votes and the threat of votes. Even campaign contributions are ultimately about votes. Voices are most powerful when they lead to votes. If we vote, we count. If we stay home in disdain because we’re not satisfied, we’re politically irrelevant. Vote. Count. Take back our democracy – for us, for all of us, for the people. Don’t let the moneychangers and the slick talkers take the forms of democracy for their own benefit. We vote; we count; and we celebrate.

Why look at that now? Because the organization that makes voting happen, the organization that makes the voices of the people matter at the polls and on the ballots, all that organization starts way in advance. Because every state has its deadlines. And back before the deadlines, organization is not instantaneous. Let’s create our political snowball. Let’s terrify the politicians with our strength so that they’ll actually have to behave democratically, according to the rules, principles and methods of democratic government.

Wouldn’t that be refreshing!

— This commentary was broadcast on WAMC Northeast Report, May 2, 2017.


Brotherhood

April 25, 2017

In the height of the Civil Rights Movement we used “brotherhood” to express our quest for more than tolerance, but for closeness as one human family. I’ve never found a gender-neutral term for that feeling, so I continue to use it but in a gender-neutral way – we are all family, cousins, a part of one community. As John Donne famously wrote in 1624, “never send to know for whom the bell tolls; It tolls for thee.”

Given the waves of hate crimes since the election, I’ve been thinking about brotherhood. This country is built on brotherhood, on sloughing off the ethnic, religious and physical prejudices our ancestors all brought from their old countries. By now those prejudices seem irrelevant. Many of us intermarried and were welcomed in new families. A friend told me that Bahai do it intentionally to bring people into the faith, though he was truly smitten and has a loving marriage. Most of us just happen to fall in love and old prejudices seem quaint and silly.

But brotherhood matters. Many of us watched the shredding of Yugoslavia. An exchange student from Belgrade was living with us, beside herself with grief and anger at the destruction of her country. Some had predicted Yugoslavia would explode once Marshal Tito died. But many intermarried, traveled among Yugoslavia’s regions, and young people, like our visitor, thought of themselves as Yugoslavs. But it came apart, viciously, in a blood bath of what was called “ethnic cleansing.”

Americans like to think America is and will always be ingenious, hardworking, neighborly and welcoming; that’s us – we’re the best. But many of us understand that virtues have to be nurtured, not assumed.

Early in the last century, President Teddy Roosevelt predicted “the military tent, where all sleep side-by-side, will rank next to the public school among the great agents of democratization.” The draft brought people together who had lived geographically, religiously, ethnically or racially segregated lives. As men returned from war, they introduced each other to sisters and friends, integrating families and communities. But the political strains of war in Vietnam ended the draft. Ben Downing recently urged national service on this station but we have nothing that compares with the reach and impact of the draft.

Racial segregation was made much worse by federal officials who required banks to redline cities and suburbs against loans to African-Americans no matter how strong their financial status. That left segregated school districts. Many of us still try to make our schools “great agents of democratization.” But racially homogenous student bodies make integration difficult or meaningless, and courts have made it worse.

Sports and entertainment still reflect integration. I once told Jackie Robinson’s widow how much it meant to grow up rooting for her husband. Black faces have been on national television as long as I can remember. My mother screamed with joy when William Warfield came out on stage and announced he would sing Old Man River. And I’ll never forget the sound of Marion Anderson’s voice when I heard her live. I’ve only caught glimpses of Oprah Winfrey but bless her influence. Familiarity, like minority newscasters and public officials, helps to diffuse prejudice and fear.

The Southern Poverty Law Center and the Anti-Defamation League rely on litigation to put racist groups out of business and catalogue hate groups, warning us about their activities and sharing strategies to extend the warm pull of brotherhood.

Other groups try to bring people together, to meet and appreciate each other, like the Interfaith Alliance, individual churches, temples and Muslim Community Centers, who invite people to meetings and festivals. We’ve often broken bread in the Muslim community.

But nothing matches what the draft and schools once did for so many of us. We need better ways to advance peace, justice and brotherhood.

— Most of this commentary was broadcast on WAMC Northeast Report, April 25, 2017.


The Future of Jobs

April 18, 2017

Automation is changing the workforce. It creates some highly skilled jobs but eliminates many others, from service jobs like taxis to previously professional tasks like document review. Factory jobs are decimated by automation.

The industrial revolution was largely built on repetitive factory production lines, based on physical dexterity, repetition and obedience, not higher education. Automation handles repetitive tasks well. Eliminating them affects people very unequally.

How can we deal with that change? The historic Republican free-market approach, now pushed by Tea Party Republicans who control Congress, is that it’s none of our business.  For them, it’s every man, woman and child for him- or herself. Millions in breaks for big corporations and no security for the workers whose lives and livelihoods are the playthings of  markets, financial institutions and corporate interests. But woe to countries that forget their people, engulfed in power struggles and bloody civil wars with the fate of ordinary, hard-working and decent people as talking points and engines of recruitment.

Some jobs have been divided into a large class of “aids.” In Iran everyone from middle class up had a bagi, their term for servant. It’s a world of dependency, power, and deep social division, a world in which people can be taken advantage of. The market, so sacred to the ideologues, is pushing more and more people to join the service economy as maids, waiters, servants and sometimes as sex workers.  Notice the contrary pressures on the women’s movement, with some vying for the few high-end jobs and others being pressured into demeaning and dangerous activity.

We might share good jobs. Labor unions once looked toward a five-hour day. Or we might create jobs, keeping everyone busy and satisfying more of the community’s needs, from building and repairing bridges, roads, water systems and electric and internet grids, to watching over playgrounds. But actually we’re going the other way. Jobs that can create opportunities are being dropped. The pressures are all on workers to find or create ways to survive. We all feel the taxes but don’t notice the benefits.

I see our separation by wealth, color and origin blinding us to common problems. John Adrian Witt, a Yale historian speaking at Alumni House last week, sees organizational failure, like the 1920s before unions and public service organizations finally jelled, leading toward the New Deal reforms in the 1930s.

The New Deal gave us a powerful administrative state, capable of opposing and controlling corporate greed that demeaned and poisoned workers with dangerous equipment, noxious chemicals and contaminated foods. But that effective administrative state became the Republican target, stated theoretically as “regulation” – regulation everyone can be against unless broken down to the safety and honesty it is designed to protect.

There is also an ideological issue, especially when the unchecked power of the market is pushing the public to turn on each other and itself.

Workers are entitled to security. Graduates of high school, colleges, and universities are entitled to good jobs. Our job should not be to ask workers to justify their lives to the market; it should be to employ people to make a better America, much as the New Deal of Franklin Roosevelt founded the Civilian Conservation Corps, the Works Progress Administration and many others. We can support each other, and make a better America for all of us. The market isn’t the answer; the market is the problem. When it doesn’t do what we need, we need to do what it screwed up.

— This commentary was broadcast on WAMC Northeast Report, April 18, 2017.


Peace Corps and Legal Services

April 11, 2017

The Trump Administration hasn’t included the Peace Corps in its proposal for fiscal year 2018. It proposed cutting the international affairs budget by nearly a third.[1] It struck funding for the Legal Services Corporation which provides funds for poor people to defend what little they have. And, as we are all aware, it has advanced its war on truth by trying to cut the budget of National Public Radio. None of that will save much in the budget but it will damage the country and make life coarser and less secure for the people in it.

On Feb. 27, 2017 “retired three and four star flag and general officers from all branches of the armed services” wrote congressional leadership “to share our strong conviction that elevating and strengthening diplomacy and development alongside defense are critical to keeping America safe.”

These generals and admirals told Congress from their own experience “that many of the crises our nation faces do not have military solutions alone – from confronting violent extremist groups like ISIS in the Middle East and North Africa to preventing pandemics like Ebola and stabilizing weak and fragile states that can lead to greater instability” as well as “refugee flows that are threatening America’s strategic allies in Israel, Jordan, Turkey, and Europe.”

These military officers made it plain that “The military … needs strong civilian partners in the battle against the drivers of extremism– lack of opportunity, insecurity, injustice, and hopelessness.” From their experience, “The State Department, USAID, Millennium Challenge Corporation, Peace Corps and other development agencies are critical to preventing conflict and reducing the need to put our men and women in uniform in harm’s way.…”

The Trump Administration’s blueprint for FY2018 for 150 international affairs budget functions included no budget proposal for the Peace Corps. According to the Congressional Research Service, the nearly quarter of a million Peace Corps Volunteers who have served in 141 countries provide a form of “public diplomacy” for America, not to mention the “short-term … [postings for] emergency, humanitarian, and development assistance at the community level … including post-tsunami Thailand and Sri Lanka and post-earthquake Haiti.”. And they bring back with them and help the rest of us understand other parts of the world that few of us get to see. Both the specific attack on the Peace Corp and the general attack on diplomacy are part of the foolish short-sightedness of the current Administration.

Apparently the Administration doesn’t like poor people in the United States any more than abroad, as it made clear by trying to end the Legal Services Corporation. In commentary in the Times Union, Dean Alicia Ouellette of Albany Law School just stuck to the facts:

“People facing life-altering crises — parents losing custody of their children, families facing wrongful foreclosures, veterans wrongly denied benefits, the elderly scammed of life savings by fraudulent businesses, farmers struck by natural disaster — need the help of lawyers.”[2]

But for the Trump Administration, if you’re too poor to hire an attorney, you don’t deserve justice.  It’s not just the people who are deprived of their rights; it’s the public as well. According to a Massachusetts study, government funding of various types of legal representation showed returns of from two to five times the amount expended on counsel, depending on the area of legal services, not including the very significant benefits to state residents.[3] Those benefits can be very significant. Dean Ouellette cited a study by the New York City Bar Association showing savings to the city of more than half again the cost of providing legal help to people who can’t afford it in a variety of non-criminal matters. Other studies similarly show that the cost of erroneous convictions vastly exceeds the cost of providing counsel.[4]

For this president, no injury to the public or to the vulnerable is too great.

— This commentary was broadcast on WAMC Northeast Report, April 11, 2017.

[1] Congressional Research Service, https://fas.org/sgp/crs/misc/RS21168.pdf.

[2] http://www.timesunion.com/tuplus-opinion/article/Funding-legal-services-for-the-poor-benefits-all-11049978.php.

[3] INVESTING IN JUSTICE A ROADMAP TO COST-EFFECTIVE FUNDING OF CIVIL LEGAL AID IN MASSACHUSETTS, A REPORT OF THE BOSTON BAR ASSOCIATION STATEWIDE TASK FORCE TO EXPAND CIVIL LEGAL AID IN MASSACHUSETTS, at 19-24 (2014) available at http://www.bostonbar.org/docs/default-document-library/statewide-task-force-to-expand-civil-legal-aid-in-ma—investing-in-justice.pdf.

[4] James R. Acker, The Flipside Injustice Of Wrongful Convictions: When The Guilty Go Free, 76 ALB. L. REV. 1629, 1631-36, 1708-09 (2012/2013).


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