Puerto Rico and Hurricane Maria

September 5, 2018

I’m glad Gov. Cuomo has been talking about what happened to Puerto Rico after Hurricane Maria. It should never have dropped out of public discussion both for the sake of the residents of Puerto Rico and for the rest of us.

Katrina undid George Bush when many in New Orleans and the surrounding area got no help. The public was disgusted when Bush praised the head of FEMA for “doing a heck of a job” four days after the hurricane struck. After Hurricane Maria hit, the whole island of Puerto Rico was without power. Half were still powerless half a year later, jerry-rigging connections or using generators for life-saving equipment. At least 11,000 US citizens were still powerless in June, with power authorities still figuring out who was without. But it didn’t bother Trump. The storm hit Puerto Rico on September 20. In early October, Trump announced he’d already done enough.

Dealing with weather disasters takes advance planning. Reacting after the damage is done is too late for many of the injured and displaced. A member of the Albany Law Board who worked on disaster planning for the Red Cross described the process to me. One has to anticipate needs, delivery routes, and get things to staging areas from which they can be delivered before the storm hits, together with the vehicles needed to bring supplies to the affected people. That’s complex and difficult but it can be done because we have considerable advance warning of where major weather events will strike. Not rocket science, it’s a well-worn path of jobs that need to be done.

Puerto Rico is not unmapped far away frontier territory. It’s an island, which should have suggested advance planning for sea-worthy ships and protected areas on the island. Its miles of unpaved mountain roads should have suggested the need for helicopters, like those New York supplied when the Feds didn’t. FEMA was busy with other disasters but that too was predictable. It didn’t raise the alarm and ask for help until well after the storm passed by. Only then was the U.S. Army, itself skilled in disaster relief abroad, permitted to go into Puerto Rico.

Some politicians like to charge that the damage was Puerto Rico’s own fault, the result of graft, corruption and mismanagement. That’s a misdirected ascription of collective guilt. Most Puerto Ricans are related to those ills only as victims. And the beneficiaries were the same people and institutions that we like to hold harmless, the wealthiest people and corporations. The electrical grid was unable to resist storm damage because the corporate leadership left it that way. But we prefer to blame an island and an ethnic or racial group. It would be such bad form to notice who actually caused and who was victimized by the problems in Puerto Rico.

Worse, it hasn’t been allowed to use federal money to fix anything in the cleanup, only to rebuild not one jot better than before, ready to collapse again in the next storm.

All this reflects incompetence and lack of concern about the welfare of Americans. We are all diminished by humanitarian disasters. And disasters are contagious. As John Donne so eloquently put it, “never send to know for whom the bells tolls; it tolls for thee,” for all of us.

My classmate, Judge José Cabranes, wrote in the Washington Post that Puerto Ricans would be leaving the island and coming to the mainland. They have, and as citizens, they may, and should, vote where they settle.

— This commentary was originally scheduled for broadcast on WAMC Northeast Report, September 4, 2018. The broadcast by NPR and WAMC of the hearings on the nomination of Judge Kavanaugh, however, preempted broadcast on the 4th. We plan to broadcast it at a later date but I am posting it now nonetheless.

Advertisements

Postmortem

November 15, 2016

I feel like I’m in mourning. The presidency has been taken by a con man and we all deserve better – those he’s duped as well as the rest of us.

  • Trump was “elected” by an “electoral college” system designed in the 18th century to protect slaveowners by augmenting their votes with 3/5 of their slaves.
  • He was “elected” by a Court unwilling to protect the voting rights of all American citizens.
  • As in 2000, when Al Gore won the popular vote but George Bush became President, the 2016 popular vote went to Mrs. Clinton. President Bush proceeded to make colossal mistakes in foreign affairs for which this country will spend a century paying.
  • Trump was elected with the votes of people who had suffered financially over the past two decades – but they voted for the very people who refused to lift a finger to provide jobs, people who don’t believe government should do anything, including good and important things, and for whom blocking anything Obama wanted to do was more important than helping fellow Americans. With Republicans benefitting from that cynical and deceitful strategy they are back in control of Congress. Good luck to the coal miners, autoworkers, steelworkers and others – they’ll need it.
  • We will now have a dirty old man in the White House as a “role model” for the worst behavior toward women.
  • And his rhetoric threatens to take apart the signal achievement of America – our mutual respect across faith, national origins, class, race, and counting – an achievement central to the status and future of the very people who voted for hate.

I am worried, crestfallen and embarrassed. What is there to do?

First, I have become a supporter of Supreme Court term limits. Rehnquist spent 34 years at the Court, Stevens 35, Scalia 30 and Thomas has been there 25. Erwin Chemerinsky, widely respected dean at the University of California at Irvine School of Law wrote:

The idea is that each justice would be appointed for an 18-year, non-renewable term. A vacancy thus would occur every two years. Vacancies that occur through resignation or death would be filled by appointing someone to serve the unfinished part of the term.

That way the Court would not be dominated by political decisions made decades ago.

Second, I would not confirm any new justice until there is agreement to reverse the decision that allowed states to monkey with their election rules to disenfranchise voters, and until there is agreement to adopt one of the mathematical rules that precisely measure gerrymandering, the level of favoritism to either party – known as symmetry or wasted voters. Some will object that those decisions are for the justices. Nonsense – the appointments clause is the political check and those decisions put the justices’ prejudices ahead of self-government and assured Republican victories, roles no judge should be playing. Those decisions were partisan, self-serving and should be ruled unconstitutional.

Third, we need to get across to people that refusing to vote because there is someone else we like better is a very bad choice because it has very bad consequences. In a democracy, to live and work together we have to be willing to compromise. It’s part of the deal.

Finally, we need to organize. 2018 is two years away and Congress will be at stake again. True patriots don’t give up.

— This commentary was broadcast on WAMC Northeast Report, Nov. 15, 2016.


Yipes – taxes for the New Year??? !!!

December 30, 2014

Some years ago I called Phil Shrag whom I knew from law school. He’d run the National Organization for the Rights of the Indigent for the NAACP and worked for the New York City Commissioner of Consumer Affairs. Phil was and is a very public spirited person. At the time he was teaching at Columbia. I don’t remember what I called him about but at some point in the conversation we made small talk. I asked him what he was teaching. Tax. That was a surprising answer since none of the things Phil had done suggested significant involvement with the tax code. But he pointed out that every public policy runs through the tax code. So it made a lot of sense.

Phil of course was right. Global warming? The tax code determines how cheap it is to buy carbon based fuels that warm the globe. And it determines whether the producers or somebody else has to pay for the cleanups, the environmental damage, dealing with the warming planet. And it determines what the carbon hawkers have to pay for threatening to obliterate our descendants and end human life on this planet. No tax – go ahead and choke the globe.

Antibiotic resistant disease? The tax code determines what cheap methods are OK to raise and sell animals and animal products. Jam animals together for “efficient” processing and they need antibiotics. The tax is on the land, not the antibiotics. Voila, it’s cheap to feed antibiotics to animals and ship them to us with resistant diseases. Of course we’ll pay the price with illness, doctors, and grieving for our dear ones – but, hey, the milk was cheap.

Landfills? Who pays for those? Do you get a break for composting, sorting, recycling or not buying so much? Nope – we all pay for garbage. But the tax could be shifted to producers and off our shoulders. Things would instantly get less wasteful.

Ever since the elder George said “Read my lips; no new taxes,” taxes have become the third rail of politics – instant suicide for any politician even to bring it up. But health, wealth and survival are right there in the tax code. We need smart taxes, that shape us the way we ought to be. The freedom to corrupt our country and our world with garbage, poison and heat isn’t legitimate freedom – that’s one person’s “freedom” to mess with another’s life, or the lives of many. That’s not freedom, not what our forefathers’ fought for, not patriotic, sensible or constructive. We need smart taxes. Now. Taxes that will make our world a better place.

So last week I wished for peace, health and good government – figuring I was on mostly safe ground. So now I’m blowing it – wishing for new, I’d rather say better, taxes. TAXES for the New Year! That Gottlieb character must be crazy.  Like a fox? Naahhh. Just nuts.  Republicans won’t allow it anyway.

Oh, devilishly inspired by Paul and Anne Ehrlich, how about a tax on more than two children per family – NO, don’t throw tomatoes, they stain. I’m out o’ here! Happy New Year everyone.

— This commentary was broadcast on WAMC Northeast Report, December 30, 2014.


%d bloggers like this: