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Dead Last

Everybody, including Republicans, like to tout small businesses as the strongest source of economic development. It is where most new jobs come from, not to mention new ideas.

Which is why people should shake their heads when Gov. (and likely presidential candidate) Scott Walker brags about his record in Wisconsin. A major study released this month shows that Wisconsin ranks dead last in new business start-up activity.

And this isn’t something that he can blame on his predecessor or on something else beyond his control. There is plenty of good reasons to blame Walker for the bad economic outlook for small businesses in the state.

For example, Walker (like other Republican governors) turned down federal money that Obamacare provided to expand Medicare and Medicaid. So if you depend on your regular job to provide health insurance, it is very difficult to quit it in order to start your own new business. It is just too risky.

Walker also turned down federal money to build a high-speed rail system, which would have provided thousands of jobs. In addition, his refusing the money caused a multinational manufacturing company to shut down their Wisconsin plant and sue the state for $65 million for breach of contract.

Perhaps most damning of all is that the Wisconsin Economic Development Corporation removed Walker as the agency’s chair because of scandals.

And you can’t blame it on other economic factors in the area. Ironically, Walker famously traveled to next-door Illinois with the slogan “Wisconsin is open for business” and tried to lure companies to relocate from that state. But while Wisconsin is suffering, Illinois is one of the states at the top of the rankings for start-up activity. And the country as a whole enjoyed the largest year-over-year start-up growth in two decades.

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Wages or Wagers?

June 9, 2015
© Adam Zyglis

It’s no fairy tale. According to an article in the NY Times, around 250 information technology employees working for Disney were laid off from their jobs. These are the people who keep the computer systems running at DisneyWorld.

But the ironic part is that in order to get their severance package, these workers were required to train their replacements. They weren’t laid off because their work wasn’t needed, instead, they were replaced by foreign workers (brought in by outsourcing firms from India) with temporary work visas (called H-1B visas), who would work for significantly less money.

But according to federal rules, H-1B visas are supposed to be used to allow foreign workers to come in on a temporary basis when there are no Americans with the required skills. Indeed, they are required to not “adversely affect the wages and working conditions” of Americans. Instead, the reality is that the majority of H-1B visas are going to outsourcing companies.

Now, I am not entirely against outsourcing. As the founder of several technology startups, I have even used outsourcing. But only when there was a specific, limited term project and it didn’t make sense to spend the time and effort to hire a bunch of highly skilled people who would then need to be laid off after the project was done.

Laying off a bunch of workers and replacing them with H-1B visa holders goes completely against the spirit of the law, and is only possible because of numerous loopholes. These loopholes need to be closed.

Even worse, companies are often shooting themselves in the foot when they pull stuff like this just to save a little money. The theory that highly skilled workers are fungible assets (can be replaced by lower cost workers who can then do the same job) has been shown to be false over and over again. Workers are not just a set of replaceable skills. Companies (like Costco and Starbucks) who try hard to keep their workers happy and reduce turnover rates tend to have happier customers and end up making more money.

How can Disney claim that its parks are the “Happiest Places on Earth” if their employees are not happy?

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Bailing out of Justice

John Oliver points out the lack of justice in one important aspect of our justice system – paying bail – which makes a mockery of “innocent until proven guilty”:

And not only is this putting quite a few innocent people in jail, it is costing taxpayers a ton of money.

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Late Night Political Humor

“During a speech in Iowa this weekend, Bernie Sanders criticized the billionaire class and said they ‘can’t have it all’. Billionaires would’ve responded but they were busy this weekend literally having it all.” – Jimmy Fallon

“There’s massive corruption, a massive scandal, in international soccer. The first clue was when a soccer team scored a suspiciously high three goals in one game.” – Conan O’Brien

“Officials from the soccer organization FIFA, which decides which cities get to host the World Cup, are accused of accepting bribes when making their decision. Of course the toughest part for the soccer officials was taking bribes without using their hands.” – Jimmy Fallon

“A lawyer from Africa wants to marry Malia Obama in exchange for goats, sheep, and cows. In response, President Obama said, ‘Don’t be ridiculous. My daughter isn’t marrying a lawyer.'” – Conan O’Brien

“In Michigan, the world’s oldest person recently turned 116. When the president called to congratulate her, she said, ‘Tell McKinley I’m busy.'” – Conan O’Brien

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Torture

A few weeks ago, the PBS program “Frontline” broadcast “Secrets, Politics and Turture”, which they describe as “The secret history of the CIA’s controversial ‘enhanced interrogation’ methods”. You can watch this program online, and you really should.

Why am I saying this to you? Because there was a small amount of publicity after it was shown, but there was no major outcry. I think the media is afraid to make a big story out of this. And even worse, many Americans do not want to admit that we violated international law, our constitution, every reasonable moral code, and deliberately tortured people.

What’s worse to me are the people who claim torture was necessary to obtain important information in the fight against terrorism, when there is no evidence to support that claim. In fact, the program provides strong evidence that our rush to use torture actually prevented us from obtaining important information.

Not only are they lying about the use of torture, the CIA illegally destroyed evidence of it. The CIA’s chief operations officer destroyed hundreds of hours of videotape even though they were ordered not to by Congress and the courts. A reporter for The New Yorker was told “if those videotapes had ever been seen, the reaction around the world would not have been survivable.”

This is a big deal, and it shouldn’t just go away in a puff of abject denial. If we do not take strong steps now, we will torture again. We are better than that as a country. We have to be.

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Meet the New Boss

Same as the old boss! [sometimes I wonder if anyone else is old enough to get these references. –iron]

Rebecca Hendin
© Rebecca Hendin

Don’t you feel so much better now that instead of the NSA spying on you, they changed the law so that now the telcos will be doing the spying?

So much for not getting fooled again.

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Affirmative Political Action

Yesterday I posted about how Americans almost unanimously say that our system for funding elections is broken and needs to be dramatically changed. Here’s a good example of why they feel that way, and an organization that is doing something about it.

The Campaign Legal Center (CLC) has announced that they are suing the Federal Election Commission (FEC), the government entity responsible for enforcing election laws. Why?

First, because Republican FEC Commissioner Lee Goodman publicly admitted that he is deliberately holding up election complaints against Republican and conservative groups. What’s amazing is he doesn’t see anything wrong with what he is doing. His logic? He said that he is merely exercising his discretion as a commissioner to solve a problem. The problem, he argued, is that the number of complaints filed against Republican and conservative groups outweighs the number of complaints filed against Democratic and liberal groups, so investigating all complaints equally would unfairly impact Republicans.

Maybe we should apply that excellent argument in other important areas. Like, blacks are proportionately more likely to be arrested for violating drug laws, so we should stop prosecuting blacks. And immigration laws unfairly target Mexicans and other Hispanics, so we should stop prosecuting them. Am I right? Unfortunately, I don’t think Republicans would go for this, because they claim to be against affirmative action. Or are they against it only when it benefits someone else?

Secondly, Goodman’s admission came while the FEC was discussing whether to implement a policy requiring action on complaints within six months (in most cases). The CLC notes that of the 19 complaints they have filed with the FEC since 2011, only four of them have been resolved. Six of them have been pending (in limbo) over four years. That means it is easily possible for a politician to have their campaign law violation ignored for longer than they serve in office.

A rule requiring faster action on election complaints seems sorely needed, but here’s the truly crazy part. It isn’t. The Federal Election Campaign Act already requires the FEC to act on complaints within 120 days of the complaint being filed (that’s 4 months, not 6). So the commission that is supposed to enforce the law is actually violating it.

You would think that since the Citizens United decision it would be even more important to prosecute violations of what few election laws we have left. And the CLC is trying to do that. But Commissioner Goodman even took a swipe at organizations like the CLC in his comments, implying partisan bias. However, the CLC is non-partisan, and files complaints against both Democrats and Republicans. In fact, the founder and (still) president of the CLC is Trevor Potter, a Republican former chairman of the FEC who served as a lawyer for three Republican presidential candidates.

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Money in Politics

A recent poll performed by the NY Times and CBS News confirms that Americans believe that money is causing major problems with our politics.

A stunning 84% say that money has too much influence on political campaigns, and 85% say that candidates who win public office then promote policies that favor people and groups who donated money to their campaigns (55% say “most of the time” and another 30% say “sometimes”). And 66% say that the wealthy have more of a chance to influence elections than other Americans.

But the interesting result is that Americans are virtually unanimous in saying that our campaign finance system needs changes. 13% says that only minor changes are needed, 39% (3 times more) say that fundamental changes are needed, and a whopping 46% wants to throw our current system away and completely rebuild it. Absolutely nobody answered that no changes were needed.

The poll goes on in the same way about what to do. 78% say that spending on advertising should be limited. 75% say that donors should be publicly disclosed. And 54% say that donating money to political candidates is not free speech (Citizens United notwithstanding).

There’s just one big fat ironic problem with this poll. They clearly only polled the 99%. If the 1% has as much power as this poll suggests, then everyone else’s opinion doesn’t matter.

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Late Night Political Humor

“This week presidential candidate Bernie Sanders introduced a new bill that would make four-year college tuition free. Which was great news, unless you were the student who was just walking out of your graduation.” – Jimmy Fallon

“Bernie Sanders made around $2,000 last year for two speeches and a TV appearance, compared to the $25 million the Clintons made. Making him the first person in history to run for president just because he really needs the money.” – Jimmy Fallon

“I was surprised to hear this. Hillary Clinton’s Super PAC has reportedly been struggling to raise money. It’s gotten so bad, they may have to start reaching out to Americans.” – Seth Meyers

“Chelsea Clinton has written a children’s book titled “It’s Your World: Get Informed, Get Inspired & Get Going.” It’s a great book to read to your workaholic toddler.” – Seth Meyers

“President Obama, by the way, has set a Guinness World Record as the fastest person to get a million Twitter followers. Obama now has as many followers as the Republicans have presidential candidates.” – Conan O’Brien

“First Lady Michelle Obama has posted an exercise video of her beating up a punching bag. But don’t worry, Vice President Biden is going to be OK.” – Conan O’Brien

“The government released hundreds of documents seized from Osama bin Laden’s compound. Among the items is a job application for al-Qaida. It’s like a regular job application except it asks questions like, ‘Where do you see yourself exploding in the next five years?'” – Jimmy Kimmel

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Leaving Science to the Scientists

One advantage that people of faith enjoy is that they are not limited to being consistent. A good example is presidential candidate Rick Santorum. Santorum has long been a proponent of “intelligent design”, which is a fancy term for requiring public schools to “teach about the role of God or a Creator” as part of their science curriculum.

So it is ironic that Santorum recently chastised the Pope for talking about climate change, saying “the church has gotten it wrong a few times on science, and I think that we probably are better off leaving science to the scientists and focusing on what we’re really good at, which is… theology and morality. When we get involved with political and controversial scientific theories, I think the church is probably not as forceful and credible.”

Pope Francis (who has a degree in Chemistry) has said that causing climate change is a sin because the Earth is God’s creation and should be protected. And in a speech last month, he said “if we destroy Creation, Creation will destroy us. Never forget this!” An encyclical about the environment will be published on June 18, ahead of the climate talks in Paris.

If, as Santorum claims, religion has “gotten it wrong a few times on science” then why is it a good idea to teach religion as part of science in the classroom? Does Santorum use his faith to decide which science is right and which is wrong? Shouldn’t he take his own advice and leave science to the scientists?

UPDATE: On Fox News Sunday, Santorum was asked why he is more qualified that the Pope to discuss climate change. Santorum responded that his job as a politician was to make decisions about public policy, and that he felt that there are more pressing problems confronting the earth than climate change and questioned the Pope’s use of his moral authority to combat the issue of climate change.

Fair enough that Santorum disagrees with the Pope, but aren’t “devout Catholics” supposed to believe in Papal infallibility?

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Gender, on Balance

Jon Stewart points out the underlying hypocrisy of the media reaction to Bruce Jenner becoming Caitlyn Jenner:

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Late Night Political Humor

“We are now 11 weeks away from the first Republican presidential debate. The debate will be held in a 300-seat theater, so there’ll be almost enough seats for all the candidates.” – Seth Meyers

“President Obama broke a world record after he reached a million followers on Twitter in just five hours. The only guys not following Obama? His Secret Service agents. They lost track months ago.” – Jimmy Fallon

“In about 34 minutes David Letterman is going to air his last episode. In 1993, I took over his iconic late-night show. I was a complete unknown with no experience performing on TV. I was totally unprepared for that enormous job. I don’t think that could happen today. I don’t think the government would allow it.” – Conan O’Brien

“I was in way over my head, and with my hair that’s saying something.” – Conan O’Brien

“After four dreary months, out of the blue we got a message that David Letterman wanted to come on as a guest. Dave was the biggest thing on TV. He didn’t go on other people’s shows. It was like The Beatles asking Maury Povich if they could stop by and sing a couple of tunes.” – Conan O’Brien

“I’ll be honest with you. It’s beginning to look like I’m not going to get ‘The Tonight Show’.” – David Letterman

“I’m your host, Jimmy Fallon, and I want to thank you for watching this on your DVR after you watched Letterman.” – Jimmy Fallon

“This morning my dad called me up and said, ‘So, tonight’s your last show, huh.’ And I said, ‘No, Dad, that’s someone else.'” – Jimmy Fallon

“Do you know what I’m going to do when I retire? I hope to become the new face of Scientology.” – David Letterman

“Earlier today, we got a call from Stephen Hawking. He’s a genius, and after 6,028 shows he ran the numbers and he said it works out to about eight minutes of laughter.” – David Letterman

“When we started the show, there were mixed responses. Half of the people said, ‘That show doesn’t have a chance.’ The other half said, ‘That show doesn’t have a prayer.'” – David Letterman

“Back when we started this show, the hottest program on television was ‘Keeping Up With the Gabors.'” – David Letterman

“My good friend Paul Shaffer and I are going to continue in show business. Next month Paul and I will debut our new act at Caesar’s Palace with our white tigers.” – David Letterman

“I have no illusions anyone is watching me this evening. But if there happen to be a few of you out there, I’m going to let you know the exact moment when Dave’s show is starting, and I’d like you to switch over. I may be talking to seven viewers at that time, but I really think you should do it.” – Conan O’Brien

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Facts! Reason! Logic!

Matt Bors
© Matt Bors

Why is it that many people who participate in discussions on the internet totally lose it? The same people likely would be much more reasonable if they were talking face-to-face. Some people think it is the lack of feedback, but there certainly is feedback on the internet. Others say that it is just people who need to get attention in an increasingly disconnected world. Or that you need to be shrill in order to be heard. I dunno. I think almost all of us, even the most reasonable, have said something on the internet that was a bit overboard.

I’m just happy that my readers have supported me in creating a little outpost where we can have reasonable discussions. Oh, and speaking of this blog, it recently turned seven years old!

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Late Night Political Humor

“President Obama finally has his own personal Twitter account. Even John McCain said, ‘Welcome to the Internet, grandpa.'” – Jimmy Fallon

“Hillary Clinton is trying to get the young vote. She’s doing her best to win over millennials. Hillary’s telling millennials if all goes well, she too plans to move back into the home where she lived in the 1990s.” – Conan O’Brien

“A new poll found that almost 70 percent of voters say that whoever our next president is, they must have political experience. You know, because it would be rude to say ‘anyone but Donald Trump.'” – Jimmy Fallon

“Former Texas Governor Rick Perry said yesterday that knowing what we know now, he would not have invaded Iraq. Mostly because ‘what we know now’ is that Rick Perry will never be president.” – Seth Meyers

“A new survey came out and Washington, D.C., has been named the fittest city in the country. And it makes sense. Just think of all of the exercise they get running for re-election, walking back statements, dodging questions, and jumping to conclusions. That’s all cardio.” – Seth Meyers

“Tomorrow is our final show. That is unless it rains, and then there will be a rain delay. We’ll probably make it up in a doubleheader around Labor Day.” – David Letterman

“A lot of people think I’m retiring, but I’ve been telling a fib. I’ve been forced to leave this job because I gave $75,000 to the Clinton Foundation. ” – David Letterman

“Bill Murray is on the show tonight. Next week I’ll be Goggling ‘foods that improve prostate health’.” – David Letterman

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A Supreme Court Primer

[This is a guest post from Marc S. Berman, who has written numerous articles and opinion pieces on politics, law, and current events.]

America’s political divide now envelops the United States Supreme Court. For example, when the Court decides that the billionaire Koch brothers can buy elections, its ruling is perceived as conservative. Democrats stop smoking weed long enough to get furious. MSNBC’s ratings even crack the top 300 for a day.

But when the Court, say, rules that “required health insurance” is just another name for “tax”, and therefore Obamacare is legal, its decision is viewed as liberal. Republicans smash their martini glasses with five-irons. On the radio, Rush spends an entire show mocking the judiciary. (Interestingly, judge-bashing really sells the virility treatments advertised on Limbaugh’s program. Otherwise, that stuff only moves when Rush lambastes Hillary, which is the conventional way of arousing a dittohead.)

Some of the Supreme Court’s upcoming decisions will be controversial. Now’s a good time to remind ourselves that, in reality, judges are impartial. They decide cases solely based on the law. Their political views play no part in how they rule.

So what has caused Americans’ mistaken belief that Supreme Court decisions are political? It all comes down to vocabulary.

Unlike the decisions of Judge Milian on the People’s Court, high court rulings are written. And they are full of obscure legal verbiage.

Americans don’t understand judicial gobbledygook. Consequently, we don’t read Supreme Court decisions. Instead, we rely on experts to interpret the rulings for us. Because these “experts” have political agendas, they try to convince us that the Court takes sides in political controversies. In the trade, this is known as “freaking the freaking lazy base out so they’ll freaking show up at the freaking polls.”

Americans need to learn the truth about our judiciary. This means that we need to start reading Supreme Court decisions for ourselves. I am providing definitions for all key legal terms below. Know these words, and you’ll be able to understand any ruling:

  • Habeas Corpus: Latin for “why has this guy been in Baltimore city jail for 12 years on a parking ticket?”
  • Indictment: A formal charge against any Democratic senator who opposes Obama’s policy on Iran and Cuba.
  • Stop and Frisk: The security check that all Court spectators endure before being seated.
  • Hourly Rate: The amount a Supreme Court lawyer charges for 25 minutes of work.
  • Justice (of the Supreme Court): A judge on the Court. To get appointed, a justice must be a paid-up member of the Harvard, Yale, or Columbia Alumni Societies, be friends with a senator, and belong to an ethnic group that voted for the president in the last election.
  • Chief Justice: The justice who sits front-row-center for Court photographs.
  • Constitution: A Rorschach (ink blot) test the justices use to decide cases. Each justice sees what he or she wants to.
  • Law Clerk: An Ivy League law school graduate. Works for a justice. Must be expert in medieval punctuation patterns.
  • Opinion: A written discussion of a case. Credited to a justice. Ghost-written by law clerks.
  • Majority Opinion: An opinion by the justices who the winning party thinks are smart.
  • Minority Opinion: An opinion by the justices who the losing party thinks are smart.
  • Concurrence: An opinion by a justice who couldn’t make up their mind.
  • Dissent: An opinion by a justice who offended boss Justice Anthony Kennedy.
  • Recess: A 10 minute break during a court session. A recess is called when Justice Ginsberg, who just turned 82, wakes up from her siesta. The recess allows her to review the other justices’ notes.
  • Reverse: What the Court does to a ruling in favor of a litigant stupid enough to hire an attorney the justices never met at a D.C. cocktail party.
  • Affirm: A group of lawyers who share a conference room.
  • Solicitor General: The lawyer who represents the federal government before the Court. She defends all laws that the president likes.

Now that you know the lingo, find a Court ruling you hate, and read it. It will be obvious that politics played no part. And the next time you hear some party operative whining that the Court is too political, you’ll know who not to freaking vote for.

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