Tag Archives: dailykos

DailyKos on the War for the Courts

The Making of the Corporate Judiciary: How big business is quietly funding a judicial revolution in the nation’s courts,” by Michael Scherer, Mother Jones, November/December 2003, http://www.motherjones.com/news/feature/2003/11/ma_564_01.html (from Daily Kos).

Mike at dKos linkes to an old Mother Jones story on judges. It’s over-the-top, but it understores the structural change the Republicans are going for

Years of delaying President Clinton’s nominees to these same courts left the Bush administration, and the business community, with a golden opportunity: All but two of the nation’s 13 federal circuits — evenly divided between Democratic and Republican appointees under Clinton — could have Republican majorities by the next election. “With this four-year crop, it’s really going to be a different judiciary than it is now,” says Eldie Acheson, who led judge selection for Clinton’s Justice Department.

The stated goal of many of these business groups is not a modest one: to chip away at more than 60 years of legal history, dismantle federal social services, and effectively erase the policies of the Franklin Roosevelt era. “We’ve been living since the New Deal with an essentially unconstitutional government,” says Roger Pilon, director of the Center for Constitutional Studies at the Cato Institute. The new generation of young conservative and libertarian lawyers being elevated to federal courts, he adds, “are not afraid to say that.”

Why are the circuit courts important? Because it is where almost all rulings are made.

Big money, however, cares a great deal about who sits on the nation’s 13 federal circuit courts. “There is the hope on the part of the business community that their rulings will be more friendly,” says Paul DeCamp, a Republican corporate lawyer who counts two nominees as personal friends. “The Supreme Court can’t decide every case.” In fact, circuit courts are the final venue for 99 percent of federal cases and most regulatory challenges.

The filibuster fight is actually a fight for the future of the courts. The Democrats are losing. They know it.

Fixing Medicine (dailyKos is Right)

GM loss, Wal-Mart, and universal health care,” by kos, Daily Kos, 20 April 2005, http://www.dailykos.com/story/2005/4/20/11223/3967.

Daily “Screw ‘Em” Kos correctly identifies a serious drag on the American economy

GM and Wal-Mart can be potent allies in a new (and this time successful) push for universal health care. It would be the ultimate corporate welfare, instantly adding billions to the bottom line of American businesses, yet at the same time helping insure the entire nation.

The instincts of the American left is to fight Wal-Mart and demand it cover its workers, when we have an opportunity to perform political jujitsu with the fiercely Republican Waltons and turn the battle for universal health care into a lopsided fight with Big and Small Business, Labor, and the progressive alliance, versus the American Taliban (who in all their supposed compassion would fight this to the end).

I can’t, for the life of me, understand why a coalition hasn’t formed around the issue yet. It’s a no-brainer.

Earlier in the post, kos linked to a story describing GM’s health-care driven troubles. But it’s not just big companies that suffer.

One of my greatest professors is locked into a job against his will. He is a former Consultant and generally a mover-and-shaker. However, it is basically impossible for him to find different work than what he has because of a serious medical condition. His current work insurance pays it, but it is unlikely any other would. This is a broken price system which does not allocate labor efficiently.

We need to fix medicine in the United States. There is a crisis. Hopefully Democrats and the left can be a constructive part of the solution. Sadly, their recent childishness is not a good sign.

Update: Professor Bainbridge calls it a “terrible idea.” But it’s not a terrible opening for a better world.