The Wall Street Journal trotted out well-worn myths, many provided by the conservative lobbying group the U.S. Chamber of Commerce, to complain about the latest attack on class action lawsuits currently in front of the Supreme Court.
On March 5, the Supreme Court heard oral arguments in Halliburton v. Erica P. John Fund, a case that could make it more difficult for a class of shareholder plaintiffs to file lawsuits against corporations who commit fraud. At issue in this case is the "fraud on the market" theory, which was established by the Court in a 1988 case called Basic v. Levinson. The fraud on the market theory unremarkably assumes that a company's stock price reflects the information publicly available about that company -- including any false statements made by the CEO or other corporate officer. The fraud on the market theory allows plaintiffs to form a class action and sue based on that fraud, which have artificially inflated the stock price.
The WSJ, for its part, would like the Court to overturn Basic and get rid of this highly effective method of protecting everyday Americans from corporate fraud.
In a March 6 editorial, the paper essentially repeated all of the Chamber's talking points it presented at its February 28 event dedicated to the Halliburton lawsuit, including the idea that the only beneficiaries of securities litigation are plaintiffs lawyers, and that these class actions unfairly punish shareholders.
MSNBC host Chris Hayes blasted the myth that expanding unconventional energy sources in the U.S. will weaken Russia, an "absurd" claim that has been perpetuated by conservative media to pin the security crisis in Ukraine on President Barack Obama.
Conservative media are manipulating the Ukraine crisis to push a "drill, baby, drill" agenda, claiming that approving the Keystone XL pipeline and expanding the use of hydraulic fracturing ("fracking") will somehow weaken Russian President Vladimir Putin's influence in Ukraine. They are calling for expanding development of natural gas in the U.S. (including by the environmentally-contentious use of fracking) to ease the concern that Putin may cut off the natural gas supply to Ukraine and subsequently affect natural gas prices in Europe and around the globe.
Liquefying, exporting, and re-gassifying natural gas is more carbon intensive than domestically consuming it, and would likely drive up the price of natural gas in the U.S., so some oppose permitting further LNG export terminals -- at least until fugitive methane emissions are reigned in. Despite concerns, the Obama administration has permitted several LNG export terminals and is expected to permit more. Republicans and the oil and gas industry complain that it's still not fast enough. However, as LNG is very expensive, reports have suggested that even if they were approved, many LNG export terminals probably won't even be used, or at least not for years -- far too late to address the Ukraine crisis. MSNBC's Chris Hayes and his guest Dan Dicker, CEO of wealth management group MercBloc, explained on the March 5 edition of All In with Chris Hayes:
DICKER: The Russians do have a major control, major influence, on most of eastern Europe through natural gas. But we have to distinguish between natural gas -- which is a gas -- and crude oil which is a liquid. If you want to move a liquid from one place to another, you put in the a dixie cup and you can move it any way you like. Natural gas has two ways of being transported, one is through pipelines. Now, the United States can do nothing in terms of creating a pipeline to all of these eastern European nations.
The only other way you can get it across, and what they're talking about is permitting, is through what we call LNG, which is liquid natural gas. It needs to be cooled, natural gas, to be transported as LNG needs to be cooled to a minus 260 degrees Fahrenheit then put in very, very carefully into very select containers that you can now transport overseas. This costs a lot of money. This is why permitting -- you could permit all of the natural gas export plants you want, there are very few energy companies who are going to undertake building these things, they cost $2 billion to convert an import plant into an export plant.
"It's a situation basically directly out of a Kafka novel, and I can't think of anything more unjust."
That's how Lisa Rickard, president of the U.S. Chamber of Commerce's Institute of Legal Reform (ILR), framed the current state of securities class actions. When the Chamber talks, right-wing media listen -- which is why it matters when its representatives liken class action lawsuits to Kafkaesque hellscapes, worse than anything else in the world.
On February 28, the Chamber hosted "Erica P. John Fund & Beyond: The Past, Present, and Future of Securities Class Actions," an event where Chamber-selected panelists discussed the perils of the next big class action case before the Supreme Court, Halliburton Co v. Erica P. John Fund. At the heart of the case is the so-called "fraud on the market" theory, decades-old Supreme Court and legislative precedent that businesses interests are asking the conservative justices to overturn.
Fox contributor Karl Rove deceitfully shuffled the words of former U.N. ambassador Susan Rice in an effort to accuse her of pushing a "contemptible falsehood" about the 2012 Benghazi attacks and claiming that she was part of an "endless Benghazi coverup."
In a February 26 op-ed for the Wall Street Journal "The Endless Benghazi Coverup," Rove took Rice's comments about the violent protests that were then erupting across the Middle East out of context, falsely representing them as a specific reference to the attacks on a U.S. diplomatic facility in Benghazi, Libya. According to Rove, Rice said the Benghazi attack was "absolutely" the result of the protests against a "'very hateful, very offensive video that has offended many people around the world":
The worst part of National Security Adviser Susan Rice's comments on Sunday's "Meet The Press" was that she expressed no regret for saying that the Sept. 11, 2012, attacks on U.S. outposts in Benghazi were "absolutely" the result of protests against a "very hateful, very offensive video that has offended many people around the world."
This is an egregious mischaracterization of the ambassador's words. In context, Rice's comment clearly referred to the protests that had broken out throughout the Middle East and not specifically to Benghazi.
Rove was referencing Rice's September 16 interview on Fox News' Fox News Sunday, which focused at different points on the anti-American protests that had broken out across the Middle East as well as the attack in Benghazi.
Wallace led with a question about the protests that were occurring "in two dozen countries across the Islamic world," and asked whether Rice agreed with White House press secretary Jay Carney's assessment that the protests came in "response to a video that is offensive" and had "nothing to do with the president's policies." The quote Rove cited was pulled from that response, and was not at all focused on the Benghazi attack (emphasis added on the portions quoted by Rove):
WALLACE: This week, there have been anti-American protests in two dozen countries across the Islamic world. The White House says it has nothing to do with the president's policies.
Let's watch. [...] You don't really believe that.
RICE: Chris, absolutely I believe that. In fact, it is the case. We had the evolution of the Arab spring over the last many months. But what sparked the recent violence was the airing on the Internet of a very hateful very offensive video that has offended many people around the world.
Beyond his misrepresentation of Rice's comments, Rove failed to add any new information to the increasingly stale media conversation about the Benghazi attack. The rest of his piece devolved into a dissection of whether or not "she was merely sharing 'the best information that we had at the time'" - something that Rove called "a contemptible falsehood." But there too, the evidence is on Rice's side.
Rove and other Fox figures have repeatedly pushed the smear that Rice deceptively attributed the Benghazi attack to the anti-Muslim video for political reasons, but even this unusually creative distortion doesn't change the facts.
Right-wing media mischaracterized a recent Supreme Court case as evidence of executive overreach on the part of the Environmental Protection Agency (EPA), even though the challenged agency action was one where the EPA specifically declined to act as aggressively as the law allowed.
On February 24, the Supreme Court heard oral arguments in Utility Air Regulatory Group v. EPA, a case that could hinder the EPA's ability to regulate harmful greenhouse gases if polluting industry interests have their way. Right-wing media outlets like Fox News and The Wall Street Journal were quick to portray the case as an overextension of the EPA's regulatory authority. The WSJ editorial board -- whose disdain for clean air is well-documented -- accused the agency in a recent editorial of "crowbarring carbon into what it admits is an unworkable regulatory framework."
More recently, in a February 24 segment on Fox's Special Report with Bret Baier, legal reporter Shannon Bream framed the legal issue as "whether the agency had the right to literally rewrite" the Clean Air Act:
A Wall Street Journal article omitted the positive economic news in recent Congressional Budget Office (CBO) reports, misleadingly framing the reports as having challenged and "chipped away" at White House economic policies.
In a February 19 post, the Wall Street Journal characterized two recent reports from the CBO on the economic effects of the Affordable Care Act (ACA) and a proposal to raise the minimum wage as the "biggest challenges to the Obama administration's economic policy in the past month," which the Journal claimed "chipped away at two pillars of President Barack Obama's economic policy." The Journal failed to report the positive aspects of the CBO findings or describe the reports' many nuances, and made no move to identify the CBO's "complex and layered projections" that supported its thesis beyond this general line:
The budget office calculated earlier this month that the health law would lead some people to leave their jobs or ratchet back their work hours, and it said this week that raising the federal minimum wage to $10.10 an hour from $7.25 could lead 500,000 people to lose their jobs.
Yet the Journal's framing of the reports as 'chipping away' at Obama's economic policies is undermined by the CBO's actual determinations, which contained positive economic news.
In its study released this week on the effects of a minimum wage increase, the CBO determined that such an increase would lift 900,000 Americans out of poverty, 16.5 million workers would see their wages increased, and notably, "Once the increases and decreases in income for all workers are taken into account, overall real income would rise by $2 billion." The New York Times offers some perspective:
Tuesday's report from the budget office, a federal nonpartisan agency, was almost entirely positive about the benefits of raising the minimum wage to $10.10 by 2016, as President Obama and Congressional Democrats have proposed.
More than 16 million low-wage workers, now making as little as $7.25 an hour, would directly benefit from the increase, the report said. Another eight million workers making slightly more than the minimum would probably also get raises, because of the upward "ripple effect" of an increase. That would add $31 billion to the paychecks of families ranging from poverty level to the middle class, significantly increasing their spending power and raising the nation's economic output and overall income.
In fact, the report said, 900,000 people would be lifted from poverty with a wage increase. The income of those below the poverty line would increase by a total of $5 billion, or 3 percent, at no cost to the federal budget.
And in its Budget and Economic Outlook for 2014-2024, the CBO found that the ACA could free 2.5 million workers from being forced to keep their current jobs because of a need to maintain employer-sponsored health coverage. While the Journal attempts to portray this as a negative, the Economic Policy Institute (EPI) called it "an unambiguously good thing":
Not surprisingly, the CBO finds that, all else equal, people are less likely to work and will work fewer hours under the ACA. They find, and I quote, "The estimated reduction stems almost entirely from a net decline in the amount of labor that workers choose to supply, rather than from a net drop in business' demand for labor" (page 117).
These are purely voluntary labor supply decisions, not people being laid off from jobs they'd rather keep, or people looking for work and being unable to find it. Working-age adults can now choose, without regard to their need to secure health insurance, whether they wish to supply labor and how much labor they wish to supply to the labor market. This is unabashedly a good thing for them.
Opponents of the ACA will try to paint these CBO estimates as evidence that the ACA has "killed jobs" or something like it. That's flat wrong. What the ACA has done is expand the menu of options available to Americans about how to obtain decent health insurance without having their income fall to poverty levels. That menu used to include one option--"go to work for a large employer." The fact that it's broader now is an unambiguously good thing.
What's more, the report suggested that the ACA could increase job opportunities for currently unemployed workers. The CBO pointed out that "[i]f changes in incentives lead some workers to reduce the amount of hours they want to work or to leave the labor force altogether, many unemployed workers will be available to take those jobs," and reported that the law will have the stimulative effect of "raising overall demand in the economy." In a congressional testimony following the report's release, CBO director Douglas Elmendorf noted that the ACA "would reduce unemployment over the next few years."
In its continued opposition to the Voting Rights Act (VRA) and a proposed amendment to this historic law, The Wall Street Journal published a misleading op-ed by Hans von Spakovsky, an unreliable contributor to the National Review Online.
The op-ed of von Spakovsky, a right-wing activist who has called the "modern 'civil rights' movement" indistinguishable from "discriminators and segregationists of prior generations" and whose attempts to fearmonger about "virtually non-existent" voter fraud have been repeatedly discredited, followed a WSJ editorial that compared the bipartisan attempts of Congress to update the VRA with that of "Jim Crow era Southerners."
Although this new effort to strengthen the VRA through the Voting Rights Amendment Act of 2014 has prominent Republican support, von Spakovsky claimed "[t]his bill really isn't about the [Supreme Court's recent Shelby County v. Holder] decision. It is about having the federal government manipulate election rules to propagate racial gerrymandering and guarantee success for Democratic candidates." From the WSJ op-ed, which defended the conservative justices' gutting of the VRA in Shelby County and smeared the subsequent bipartisan efforts to repair the damage:
Before Shelby County, Section 5 of the Voting Rights Act required certain states to get "preclearance" from the federal government before making any voting changes. But the Supreme Court ruled that the formula to determine which jurisdictions were covered was unconstitutional because it was based on 40-year-old turnout data that did not reflect contemporary conditions. Census Bureau data show that black-voter turnout is on a par with or exceeds that of white voters in many of the formerly covered states and is higher than the rest of the country. We simply don't need Section 5 anymore.
In Shelby County, a radical break from precedent that has been described by experts as "on a par with the Court's odious Dred Scott and Plessy decisions and other utterly lamentable expressions of judicial indifference to the ugly realities of racial life in America," the bitterly divided Supreme Court struck at the heart of the VRA's efficacy by dismantling its "preclearance" process.
Even as the conservatives did so, however, Chief Justice John Roberts explicitly told Congress to fix this formula that requires covered jurisdictions with a history of racial discrimination to submit election changes for federal review before implementation. Contrary to von Spakovsky's strange assertion that "this bill really isn't about" Shelby County and is "an attempt to circumvent" the decision, this new bipartisan legislation is actually a direct response to Roberts' invitation to Congress to "draft another formula based on current conditions."
Admittedly, this new formula is more complex than von Spakovsky's preferred method of determining voter suppression by "turnout data," a confusion between correlation and causation that has been described as a rudimentary failure of "Statistics 101." Rather, Section 5 of the VRA imposes the preclearance process on jurisdictions with an incorrigible track record of suppressing votes based on race, and the formula to determine this discrimination has been changed in the new legislation to incorporate a comprehensive and rolling 15-year record.
The claim of the op-ed that the old formula led to "unwarranted objections" on the part of the Department of Justice toward alleged voter suppression is also inaccurate; this preclearance mechanism has been extremely effective at stopping racially discriminatory election changes. In fact, the two cases that von Spakovsky highlights both involved Section 5 successes.
The Wall Street Journal renewed its opposition to all things union in a recent editorial, complaining about a proposed rule change that the National Labor Relations Board (NLRB) hopes will make union elections more efficient.
On February 5, the NLRB announced a series of proposed rule changes that streamlines labor organizing, including a new rule that could eliminate long delays that hinder employees' ability to vote up or down on union representation.
In a February 10 editorial, the WSJ framed the new rules as an attack on employers, arguing that a change in election timing could "unbalance" employers' First Amendment rights. This is far from the first time the WSJ has taken an unfair dig at unions and their members, but this time the editorial board's defense of an employer's right to badmouth unions during an election managed to completely ignore how unfair anti-union sentiment has flourished under the old system.
The WSJ also mischaracterized the NLRB's previous attempt to change the rules in 2011 as "failed," even though it later admits that the court that heard the case did not overturn the rule on substantive grounds, but rather because of procedural concerns. Specifically, because the Republican appointee to the NLRB in 2011 made good on his threat to "block" the rule by refusing to vote, the court ruled he had successfully denied the board of its required quorum.
Right-wing media jumped to defend businesses' right to game the system and fire employees merely to avoid the obligation of providing them with health insurance.
On February 10 the IRS announced that it would delay the health insurance employer mandate for medium-sized businesses employing between 50 and 99 people until 2016. Smaller businesses -- those with 49 employees or fewer -- are not required to provide all workers with health insurance. To prevent employers from simply firing workers in order to avoid the obligation to provide health coverage in the next couple years, the IRS included a safeguard: If these businesses fire workers, they must show they did so for "bona fide business reasons" in order to be eligible for the delayed mandate.
In other words, as Washington Post's Wonkblog explained, "'It's simply so they don't game the system,' one senior administration official told reporters on a phone call this afternoon. 'They have to certify they're not doing that and not dropping their coverage.'"
Preventing employers from firing workers merely in order to game the system may seem like common sense, but not to conservative media. Outlets like Fox News immediately lambasted the safeguard as "Orwellian," while The Wall Street Journal blamed the health care law for forcing businesses to fire employees:
Either Obamacare is ushering in a worker's paradise, in which case by the White House's own logic exempting businesses from its ministrations is harming employees. Or else the mandate really is leading business to cut back on hiring, hours and shifting workers to part-time as the evidence in the real economy suggests.
On the February 10 edition of Fox's The Kelly File, Fox News' Megyn Kelly scoffed at the idea that employers shouldn't be permitted to fire workers merely to avoid giving them health insurance:
KELLY: That is the government telling you, employers, 'you will not fire a single person, you will not lay off a single person if you want to take advantage of our gift, and you have to certify under penalty of perjury to the IRS that you didn't do that, that no layoff was due to Obamacare.'
Wow, so now, if a small business employer wants to lay off a person under pain of perjury he has to convince people at the IRS that he's not doing it because of Obamacare.
Wall Street Journal editor James Taranto claimed that cases of "'sexual assault' on campus" that involve alcohol are really victimless crimes in which both parties are equally guilty.
In his February 10 WSJ column, Taranto baselessly argued that men are often unfairly accused in sexual assault cases on college campuses, particularly when both men and women involved in the case were drinking (emphasis added):
What is called the problem of "sexual assault" on campus is in large part a problem of reckless alcohol consumption, by men and women alike.
If two drunk drivers are in a collision, one doesn't determine fault on the basis of demographic details such as each driver's sex. But when two drunken college students "collide," the male one is almost always presumed to be at fault. His diminished capacity owing to alcohol is not a mitigating factor, but her diminished capacity is an aggravating factor for him.
As the Foundation for Individual Rights in Education notes, at some campuses the accuser's having had one drink is sufficient to establish the defendant's guilt ... In theory that means, as FIRE notes, that "if both parties are intoxicated during sex, they are both technically guilty of sexually assaulting each other." In practice it means that women, but not men, are absolved of responsibility by virtue of having consumed alcohol.
While it is true that reckless alcohol consumption can play a role in encouraging damaging behavior, and that male and female college students (particularly underage students) could probably benefit from learning to moderate their drinking for a variety of reasons, Taranto's accusation that women who drink -- and then are forced to have sex against their will -- are not only equally at fault for their assault but are guilty of an equivalent crime takes victim blaming to a new and dangerous low.
Taranto's victim-blaming approach furthers his attempts to disingenuously redefine the problem of sexual assault as a problem of alcohol. The problem of sexual assault on college campuses, as elsewhere, is entirely a problem of sexual assault, in which a victim does not consent to sexual relations with the aggressor. Studies have shown that alcohol consumption doesn't cause sexual assault, nor does it serve as a defense. According to a literature review from the National Institutes of Health:
The fact that alcohol consumption and sexual assault frequently co-occur does not demonstrate that alcohol causes sexual assault.
[M]en are legally and morally responsible for acts of sexual assault they commit, regardless of whether or not they were intoxicated or felt that the woman had led them on previously. The fact that a woman's alcohol consumption may increase their likelihood of experiencing sexual assault does not make them responsible for the man's behavior, although such information may empower women when used in prevention programs.
The right-wing bubble seems impervious to both experts and fact-checkers when it comes to economic truth and the Affordable Care Act.
This week the Congressional Budget Office (CBO) released its updated economic forecast for the years 2014 to 2024. Right-wing media quickly pounced on its projection that the supply of labor would voluntarily decline by about 2 million workers over the next three years due to the ACA, twisting the findings to accuse the ACA of destroying 2 million jobs. Such misinformation from the conservative bubble was predictable, as the Economic Policy Institute (EPI) put it on February 4:
Opponents of the ACA will try to paint these CBO estimates as evidence that the ACA has "killed jobs" or something like it. That's flat wrong. What the ACA has done is expand the menu of options available to Americans about how to obtain decent health insurance without having their income fall to poverty levels. That menu used to include one option--"go to work for a large employer."
Indeed, subsequent fact-checkers and experts discredited the right-wing media's spin -- As The Washington Post's FactChecker plainly said, "No, CBO did not say Obamacare will kill 2 million jobs," echoing Chairman of the Council of Economic Advisors Jason Furman who explained that "CBO's analysis itself is about the choices that workers are making in the face of new options afforded to them by the Affordable Care Act, not something about firms destroying jobs."
But it appears it will take more than facts and experts to penetrate the right-wing echo chamber.
Fox News doubled down on its misinformation on the February 6 edition of Fox & Friends, with an on-air graphic that framed the increased worker flexibility as "Obamacare to cut 2M jobs":
The Wall Street Journal editorial board claimed to "pars[e] this supply-of-labor reasoning" in a February 5 editorial by refusing to acknowledge the distinction between labor supply and job availability:
For years liberals have lamented the jobs crisis and underemployment to castigate Republicans as mean-spirited for opposing more "stimulus" and more weeks of unemployment benefits. But if pervasive joblessness is an economic and social scourge, why celebrate a program that is creating more of it?
Liberals are also trying to spin the CBO report as an endorsement of ObamaCare's alleged health security. Mr. Furman cited the phenomenon known as "job lock," in which people don't switch employers or start their own business to preserve fringe benefits. But job lock is really about employment flexibility, rather than the government extending subsidies so people don't need or want jobs.
A National Review editorial on February 6 characterized the fact-checks as "hilarious," claiming that the ACA was "taking a blowtorch to the work force" and creating a "crater" of lost economic value while mocking the administration:
But the administration still does not seem to be able to get its collective head around the fact that American workers are not just hungry mouths that have to be filled with paychecks: They are people who provide economically valuable goods and services. Those 2.5 million out of the work force may be happier at their leisure, but the economy as a whole will be substantially worse off without their contributions. We could, in theory, simply have the federal government deliver checks to every household and allow each and every one to follow his bliss as he sees fit, but the shelves of the grocery stores soon would be empty. The depth of the Obamacare crater in the labor force isn't some abstract unemployment rate, but the lost value of the work those Americans would have done.
Plugging their ears on the CBO's determination also blinded right-wing media to the CBO's suggestion that the projected changes in the labor supply would increase opportunity for unemployed workers:
If changes in incentives lead some workers to reduce the amount of hours they want to work or to leave the labor force altogether, many unemployed workers will be available to take those jobs--so the effect on overall employment of reductions in labor supply will be greatly dampened.
The Wall Street Journal has repeatedly blamed environmental regulations for California's current water crisis while touting a House GOP plan that would upend restoration efforts along the San Joaquin River without solving the state's crisis.
2013 was California's driest year since 1849, and now the state is experiencing a record-breaking drought. ThinkProgress reports the drought is so dire that "17 communities across the state are in danger of running out of water within 60 to 120 days." In an attempt to preserve what little water the state has left, the California Department of Water Resources has had to cut water allocations entirely to 29 local agencies, forcing them to look elsewhere for water. Farming and fishing industries are among the most impacted by this water crisis.
In response, House Republicans are expected to pass emergency legislation on February 5 which seeks to redirect water to California's Central Valley while reducing the amount of water currently dedicated to fish, wildlife, and habitat restoration under Endangered Species Act protections. According to the GOP, the bill will alleviate the "man-made California drought."
The Wall Street Journal echoed the House Republicans' accusation in a pair of editorials, writing that with the water shortage "Californians are getting another first-hand lesson in the high costs of green regulation" that "puts green indulgences above human welfare." The editors praised the Republican proposal, writing, "What the House legislation really does is prioritize the interest of farmers over fish."
Abandoning any pretense at understanding civil rights precedent or the bipartisan-supported Voting Rights Act (VRA), The Wall Street Journal condemned as "racial mischief" Congress' recent attempt to update this historic law pursuant to the Supreme Court's recent and explicit instructions.
In last year's bitterly split opinion of Shelby County v. Holder, the conservative justices of the Supreme Court gutted the most effective part of the Voting Rights Act - the "preclearance" formula by which jurisdictions with an incorrigible record of voter suppression must submit election changes to federal review before implementation. In his majority opinion, Chief Justice John Roberts invited Congress to "draft another formula based on current conditions."
On January 16, Congress did just that and submitted bipartisan legislation to update the previous formula, which itself was an overwhelmingly bipartisan effort signed into law by former President George W. Bush. In a February 3 editorial, however, the WSJ declared this legislation comparable to the efforts of "Jim Crow era Southerners" and declared "Congress should let it die":
Never underestimate Congress's ability for racial mischief. In the Jim Crow era Southerners blocked civil-rights progress. Now, 50 years after the Civil Rights Act of 1964, the liberal goal is to give national politicians more power to play racial politics in a few unfavored states.
Democrats and the strange bedfellow of Wisconsin Republican James Sensenbrenner have introduced a bill to revise Section 4(b) of the 1965 Voting Rights Act that the Supreme Court struck down last year. Chief Justice John Roberts wrote that the Act's coverage formula no longer made sense in light of current racial realities, and the new proposal isn't much better.
The good news is that the bill, sponsored by Democratic Rep. John Conyers and Senator Pat Leahy and endorsed in his State of the Union by President Obama, specifically exempts voter ID laws from the actions that could be counted as a demerit against the state's voting-rights record. That's a repudiation of Attorney General Eric Holder's politically motivated campaign against voter ID, and perhaps that's why Mr. Sensenbrenner came on board.
But that concession isn't worth the broader political intrusion that the new proposal would allow. The Voting Rights Act's current provisions still provide ample federal enforcement when local politicians limit minority rights. Federal preclearance was an extraordinary exception to the Constitution's command of equal treatment under the law, and the country's racial progress shows it is no longer needed. Congress should let it die.
The WSJ may be puzzled, but there is nothing "strange" about the fact that conservative Rep. James Sensenbrenner (R-WI) is leading Republican support for the latest renewal of the VRA. Support for the VRA and its preclearance mechanism - including the formula for determining covered jurisdictions - has historically been strongly bipartisan.
Sensenbrenner was the GOP's legislative leader the last time the VRA was reauthorized in 2006, when Congress passed updates to the preclearance formula by majorities of 98-0 in the Senate and 390-33 in the House. As former President Ronald Reagan had done before him with the 1982 reauthorization of the VRA (another bipartisan effort, also involving Sensenbrenner), Bush publicly and proudly signed into law the 2006 preclearance mechanism that Republicans (many still in Congress) overwhelmingly supported. The current bill is specifically crafted to repeat such long-standing bipartisan support, and House Majority Leader Eric Cantor has stated that his "experience with John Lewis in Selma earlier this year was a profound experience that demonstrated the fortitude it took to advance civil rights and ensure equal protection for all ... I'm hopeful Congress will put politics aside, as we did on that trip, and find a responsible path forward that ensures that the sacred obligation of voting in this country remains protected."
The WSJ not only botches civil rights law history, it also botches the substance of the new amendment.
The Wall Street Journal endorsed billionaire venture capitalist Tom Perkins' inflammatory suggestion that a "[p]rogressive Kristallnacht" may be soon be directed against the rich and dubbed subsequent criticism of the Nazi comparison "Perkinsnacht."
In a January 24 letter to the editor, Perkins hyped a supposed "progressive war on the American one percent" and compared it to Nazi Germany's Kristallnacht, asking: "Kristallnacht was unthinkable in 1930; is its descendant 'progressive' radicalism unthinkable now?" In the following days, Perkins' letter received widespread criticism.
A January 29 Journal editorial -- headlined "Perkinsnacht" -- dismissed criticism of Perkins' Nazi reference as "unfortunate, albeit provocative," and claimed that Perkins' critics had proved his point: "the vituperation is making our friend's point about liberal intolerance -- maybe better than he did."
The Wall Street Journal isn't the first right-wing media source to throw support behind Perkins. On January 29, conservative columnist Michelle Malkin characterized the reaction to Perkin's letter as evidence of a "bullying epidemic" and "wealth-shaming" by "the grievance industry." Fox Business contributor Charles Payne went further, arguing that Perkins "may be a couple of years ahead of the curve."
The Wall Street Journal misleadingly attacked President Obama's decision to boost the minimum wage for federally contracted workers as an "ostentatious display of President Obama's intention to end run lawmakers and even the law," ignoring the fact that previous presidents set precedent for this type of action.
In his January 28 State of the Union address, President Obama announced plans to issue an executive order that would require "federal contractors to pay their federally-funded employees a fair wage of at least $10.10 an hour." As he said, "if you cook our troops' meals or wash their dishes, you should not have to live in poverty."
The Wall Street Journal's editorial board responded to the president's announcement with the suggestion that Obama was acting like a "king" who "seems to think is a [sic] Democracy of One, or shall we say The One." The editorial attacked the president's plan as "the latest ostentatious display of President Obama's intention to end run lawmakers and even the law" and went on to deny the fact that increases in the minimum wage carry economic benefits or have any bearing on the "economy and efficiency" of the federal contracting process.
But the Journal ignored the fact that Obama isn't the first president to issue this type of order. Presidents John F. Kennedy and Lyndon B. Johnson took similar action to increase equal opportunity and nondiscrimination standards for federal workers. As The New York Times Taking Note blog reported:
Other presidents have used executive orders to upgrade labor standards for employees of federal contractors, including President Kennedy, who required federal contractors to have companywide equal employment opportunity plans, and President Johnson, who prohibited racial discrimination and other bias in hiring by federal contractors.
The non-partisan research center Demos has pointed to executive orders that "have mandated that companies working on behalf of the American people are upholding high standards of employment practices" and further detailed presidential precedent:
From the 1931 Davis-Bacon Act to Executive Order 11246 of 1965, and a host of other laws and executive actions, our laws have mandated that companies working on behalf of the American people are upholding high standards of employment practices. Yet as the nature and prevalence of federal contracting, lending and grant-making have changed, and some laws have been weakened, working people have fallen through the cracks.
In the past, presidents have used their authority to improve job opportunities for Americans working or seeking to work for federal contractors. For example, starting in 1941, successive administrations issued executive orders to fight employment discrimination in the contracting workforce. This effort culminated with President Lyndon Johnson's signing of Executive Order 11246, mandating equal employment opportunity and affirmative action for all individuals working for federal contractors. An executive order to raise and enforce workplace standards for contractors, grantees, and other private companies that do business with the federal government would follow this powerful and effective precedent.
Furthermore, the Journal's claim that a minimum wage increase would hurt businesses and doesn't affect the "economy and efficiency" of federal contracting flies in the face of the hundreds of economists around the country, including numerous Nobel Laureates, who have come out in support of such a plan.
Increases in the minimum wage have not been shown to significantly damage the job market. In fact, businesses that have chosen to boost employee wages have reaped economic benefits. As the Harvard Business Review found, "[i]n return for its generous wages and benefits, Costco gets one of the most loyal and productive workforces in all of retailing, and, probably not coincidentally, the lowest shrinkage (employee theft) figures in the industry [...] Costco's stable, productive workforce more than offsets its higher costs." According to the Economic Policies Institute:
[T]he weight of evidence now showing that increases in the minimum wage have had little or no negative effect on the employment of minimum-wage workers, even during times of weakness in the labor market. Research suggests that a minimum-wage increase could have a small stimulative effect on the economy as low-wage workers spend their additional earnings, raising demand and job growth, and providing some help on the jobs front.