Archives: 07/2009

Courts Check D.C. Government — Again.

Last year, the Supreme Court declared the D.C.’s gun control law unconstitutional (pdf).  Now a federal appellate court has unanimously declared that D.C. police’s aggressive ”Neighborhood Safety Zone” (NSZ) checkpoint policy is unconstitutional (pdf). 

Under the policy, any vehicle entering an area that has been declared a “Neighborhood Safety Zone” by the city’s police chief can be “stopped for the purpose of determining whether the driver has a legitimate reason for entering the NSZ.”

Here’s an excerpt from the appelate court decision:

We further conclude that appellants have sufficiently demonstrated irreparable injury, particularly in light of their strong likelihood of success on the merits. … The harm to the rights of appellants is apparent. It cannot be gainsaid that citizens have a right to drive upon the public streets of the District of Columbia or any other city absent a constitutionally sound reason for limiting their access. As our discussion of the likelihood of success has demonstrated, there is no such constitutionally sound bar in the NSZ checkpoint program. It is apparent that appellants’ constitutional rights are violated. It has long been established that the loss of constitutional freedoms, “for even minimal periods of time, unquestionably constitutes irreparable injury.” Granted, the District is not currently imposing an NSZ checkpoint, but it has done so more than once, and the police chief has expressed her intent to continue to use the program until a judge stops her.

It’s time for Mayor Adrian Fenty to show Peter Nickles, the Attorney General of the city, to the door.  Too many of his ideas have proven to be misguided and contrary to law.

Yoga Instructors: Enemies of the State(s)

The NY Times reports today on various state government efforts to regulate yoga classes by forcing instructors to obtain a government license. 

I’m not going to get into why government licensing is a pernicious racket here. Rather, I just want to make a point about the nature of the mini–Washington DCs currently in charge of laundering Uncle Sam’s so-called economic “stimulus” money.

From the NYT article:

In March, Michigan gave schools on the list one week to be certified by the state or cease operations. Virginia’s cumbersome licensing rules include a $2,500 sign-up fee — a big hit for modest studios that are often little more than one-room storefronts.

Lisa Rapp, who owns My Yoga Spirit in Norfolk, Va., said she had canceled her future classes and was preparing to close her seven-year-old business this summer. “This caused us to shut down the studio all together,” Ms. Rapp said. “It’s too bad, because this community really needs yoga.”

A nice little story to keep in mind the next time you hear some politician or government apologist claim that the states’ current inability to spend as they did before the recession is somehow endangering an economic recovery.

I think what disgusts me the most about this story is the fact that the yoga “industry” opened itself up for attack by creating an online registry “to establish teaching standards in an effort to have the industry regulate itself.” As a friend sarcastically intoned to me in an email, “They tried to self-regulate and Leviathan just ended up using it to impose regulation.  Brilliant.” 

The NYT captures the mentality of these bureaucratic thugs:

The conflict started in January when a Virginia official directed regulators from more than a dozen states to an online national registry of schools that teach yoga and, in the words of a Kansas official, earn a “handsome income” in the process…

“If you’re going to start a school and take people’s money, you should play by a set of rules,” said Patrick Sweeney, a Wisconsin licensing official, who believes that in 2004 he was the first state official to discover the online registry and use it to begin regulating yoga teaching.

The bright side is that these yoga instructors are feeling the government’s boot on their throat and not liking it:

Brette Popper, a co-founder of Yoga City NYC, a Web site that has closely chronicled licensing developments, said that the yoga community — described on the site as “a group that doesn’t even always agree about how to pronounce ‘Om’ ” — was finally uniting around a common enemy. (Emphasis mine.)

The NYT quotes one regulation opponent as saying the conflict is about “bureaucracy versus freedom.”  Amen, my friend.  I don’t know much about yoga, and I’m as flexible as steel, but today we lovers of liberty are all yoga instructors!

Retiring General Counsel’s Shocking Admission: The NEA Is a Union!

YouTube video that catches Bob Chanin, retiring general counsel of the National Education Association, calling right-wing groups ”bastards” for attacking his soon-to-be-former employer has recently been making the rounds. Not surprisingly, some right-wingers haven’t been too happy about Chanin’s retirement speech, not caring for the “bastard” label. I, however, want to thank Mr. Chanin for his salty valedictory. 

Why? First off, because his pugnacious presentation has a certain Teamsters feel to it, furnishing almost visceral confirmation that the National Education Association is a labor union pure-and-simple — not the high-brow “professional employee organization” it bills itself as — ready to slash tires or do whatever else it thinks necessary to get its way.

But I’m especially grateful because Mr. Chanin all but declares that the NEA is a power-obsessed, hyper-political union that serves not children, but adults. Of course, anyone who has followed the NEA knows that — indeed, its exactly what we should expect considering that it’s the adults who pay the dues — but it’s a shocking admission from someone so high in the association, and a reality the public all too often misses.

What follows is my transcription of the speech’s most revelatory section. Of course, if you would prefer to catch all the inflections, hemming and hawing, and crowd reactions, you can just watch the video. If you’re going to do that, either start at the beginning for the whole address (obviously) or go to about the 15-minute mark to hit the really revealing stuff. And maybe, when you’re done either reading or watching, send Mr. Chanin a retirement card with a little thank you note in it. After all, giving this honesty-filled speech could very well be the best thing he’s ever done for children or the public:

Why are these conservative and right-wing bastards picking on NEA and its affiliates? I will tell you why: It is the price we pay for success. NEA and its affiliates have been singled out because they are the most effective unions in the United States. And they are the nation’s leading advocates for public education and the type of liberal social and economic agenda that these groups find unacceptable….

At first glance, some of you may find these attacks troubling. But you would be wrong. They are, in fact, really a good thing. When I first came to NEA in the early ’60s it had few enemies, and was almost never criticized, attacked, or even mentioned in the media. This was because no one really gave a damn about what NEA did, or what NEA said. It was the proverbial sleeping giant: a conservative, apolitical, do-nothing organization.

But then, NEA began to change. It embraced collective bargaining. It supported teacher strikes. It established a political action committee. It spoke out for affirmative action, and it defended gay and lesbian rights. What NEA said and did began to matter. And the more we said and did, the more we pissed people off. And, in turn, the more enemies we made.

So the bad news, or depending on your point of view, the good news, is that NEA and its affiliates will continue to be attacked by conservative and right-wing groups as long as we continue to be effective advocates for public education, for education employees, and for human and civil rights.

And that brings me to my final, and most important point. Which is why, at least in my opinion, NEA and its affiliates are such effective advocates. Despite what some among us would like to believe, it is not because of our creative ideas. It is not because of the merit of our positions. It is not because we care about children. And it is not because we have a vision of a great public school for every child. NEA and its affiliates are effective advocates because we have power. And we have power because there are more than 3.2 million people who are willing to pay us hundreds of millions of dollars in dues each year because they believe that we are the unions that can most effectively represent them, the unions that can protect their rights and advance their interests as education employees.

This is not to say that the concern of NEA and its affiliates with closing achievement gaps, reducing dropout rates, improving teacher quality, and the like are unimportant or inappropriate. To the contrary, these are the goals that guide the work we do. But they need not and must not be achieved at the expense of due process, employee rights, and collective bargaining. That simply is too high a price to pay!

When all is said and done, NEA and its affiliates must never lose sight of the fact that they are unions, and what unions do first and foremost is represent their members.

Death to Power Point!

put-them-to-sleepThat’s not quite the point of T. X. Hammes’ article in the current Armed Forces Journal, but it’s pretty close.  My familiarity with Power Point has been much more on the academic than DOD side, but my understanding is that academics are nothing when compared to Pentagon planners when it comes to egregious abuse of Power Point.  Here’s Hammes:

Before PowerPoint, staffs prepared succinct two- or three-page summaries of key issues. The decision-maker would read a paper, have time to think it over and then convene a meeting with either the full staff or just the experts involved to discuss the key points of the paper. Of course, the staff involved in the discussion would also have read the paper and had time to prepare to discuss the issues. In contrast, today, a decision-maker sits through a 20-minute PowerPoint presentation followed by five minutes of discussion and then is expected to make a decision. Compounding the problem, often his staff will have received only a five-minute briefing from the action officer on the way to the presentation and thus will not be well-prepared to discuss the issues. This entire process clearly has a toxic effect on staff work and decision-making.

The art of slide-ology

Let’s start by examining the impact on staff work. Rather than the intellectually demanding work of condensing a complex issue to two pages of clear text, the staff instead works to create 20 to 60 slides. Time is wasted on deciding which pictures to put on the slides, how to build complex illustrations, and what bullets should be included. I have even heard conversations about what font to use and what colors. Most damaging is the reduction of complex issues to bullet points. Obviously, bullets are not the same as complete sentences, which require developing coherent thoughts. Instead of forcing officers to learn the art of summarizing complex issues into coherent arguments, staff work now places a premium on slide building. Slide-ology has become an art in itself, while thinking is often relegated to producing bullets.

Hammes makes a number of excellent points, including his mention of my pet peeve, the presenter who places full paragraphs on slides (preceded, of course, by a bullet, which makes it more Power Point-y), and then proceeds to read the paragraphs to his audience and calls this a “briefing.”  Of course, humans can read faster than they can speak.  One wonders whether there could be any real value in a brief provided by someone who does not understand this. 

Hammes closes by mentioning that one excuse for using Power Point in this way is that

senior leaders don’t have time to be pre-briefed on all the decisions they make. If that is the case, they are involved in too many decisions. When the default position is that you are too busy to prepare properly to make a decision, it means you are making bad decisions.

Sage wisdom.  Some of us might argue that there are many indications that folks in the Pentagon are “involved in too many decisions,” but the entropic debasement of thought there, enabled by Power Point, is as good a sign as any.

More Bad News for the F-22

This won’t make the “Buy the Planes that the Pentagon Doesn’t Want” Caucus happy. (There’s a similar “caucus” in the Senate, too; and 12 governors.)

The Washington Post reports that the F-22 requires

more than 30 hours of maintenance for every hour in the skies, pushing its hourly cost of flying to more than $44,000, a far higher figure than for the warplane it replaces.

How might this bad news be twisted into a good news story by the F-22’s advocates in industry and on Capitol Hill? Look for the same line of reasoning that has been used up to this point. If we’re building the F-22 in order to give jobs to workers who might otherwise have to seek out other opportunities, then maybe the plane’s high operating costs can be justified on the grounds that it employs more maintenance workers?

J.M. Keynes must be smiling down on us.

Broken Promises — to Voters and the New York Times

“[O]nce it is clear that a bill will be coming to the president’s desk, the White House will post the bill online,” White House spokesman Nick Shapiro told New York Times reporter Katherine Seelye for her June 22 story on President Obama’s “Sunlight Before Signing” campaign pledge. “This will give the American people a greater ability to review the bill, often many more than five days before the president signs it into law.”

The story, titled “White House Changes the Terms of a Campaign Pledge About Posting Bills Online,” was about the White House effort to walk back from President Obama’s campaign pledge to post bills he receives for five days before signing them.

When the New York Times published the story, five bills had been presented to the president and were awaiting his signature. Four more were presented to him after the story’s publication. All nine are now law.

And for the life of me, I can’t find where any of them have been posted on Whitehouse.gov. Surely it was clear to the White House that the five bills it had and the four soon to come would reach the president’s desk.

I disagree with arguments for releasing President Obama from his pledge to sign bills only after he has posted them for a full five days after receiving them. It would have the same effects as the 72-hour hold the Sunlight Foundation is seeking from Congress — also a welcome legislative process reform.

And it’s becoming more clear that the five-day promise could be implemented. At this point, only one of 39 bills that the president has signed has been posted for five days in advance. (The DTV Delay Act was actually not held five days after formal presentment, but the White House posted it after the final version had passed Congress.) Twenty-four other bills have been held at the White House five days or more before the President has signed them. They just haven’t been posted.

To repeat, over 60% of the legislation coming out of Congress waits five days for the president’s signature as a matter of course. The only thing preventing implementation of the president’s promise as to these bills is the White House’s inexplicable reluctance to do what it says it will do.

At this point, it’s worth repeating that I can’t find the bills online at Whitehouse.gov. I have searched the site high and low, even entering URLs where I would guess they might be. I find it hard to believe that no bills have been posted under even the modified promise given to the Times late last month. I will happily post a correction and apology if there is a corner of Whitehouse.gov that I failed to explore. (If bills are so deeply hidden, that’s a problem, too, of course.)

I’m fond of joking that the “Sunlight Before Signing” promise is a golden opportunity because I can write 100 blog posts over the next few years without thinking a single original thought. But voters and me are one thing — if the White House is breaking a promise to the New York Times, that could be serious!

For the record, here are the pieces of legislation signed by the president so far:

Public Law Date Presented Date Signed Posted (Linked) for Comment? Five Days?
P.L. 111-2, The Lilly Ledbetter Fair Pay Act of 2009 1/28/2009 1/29/2009 1/29/2009 No
P.L. 111-3, The Children’s Health Insurance Program Reauthorization Act of 2009 2/4/2009 2/4/2009 2/1/2009 No
P.L. 111-4, The DTV Delay Act 2/9/2009 2/11/2009 2/5/2009 Yes and No
P.L. 111-5, The American Recovery and Reinvestment Act of 2009 2/16/2009 2/17/2009 2/13/2009 No
P.L. 111-6, Making further continuing appropriations for fiscal year 2009, and for other purposes 3/6/2009 3/6/2009 No n/a
P.L. 111-7, A bill to designate the facility of the United States Postal Service located at 2105 East Cook Street in Springfield, Illinois, as the “Colonel John H. Wilson, Jr. Post Office Building” 2/26/09 3/9/2009 No n/a
P.L. 111-8, The Omnibus Appropriations Act, 2009 3/11/2009 3/11/2009 3/6/2009 No
P.L. 111-9, To extend certain immigration programs 3/18/2009 3/20/2009 No n/a
P.L. 111-10, To provide for an additional temporary extension of programs under the Small Business Act and the Small Business Investment Act of 1958, and for other purposes 3/19/2009 3/20/2009 No n/a
P.L. 111-11, The Omnibus Public Land Management Act of 2009 3/30/2009 3/30/2009 3/30/2009 No
P.L. 111-12, The Federal Aviation Administration Extension Act of 2009 3/24/2009 3/30/2009 No n/a
P.L. 111-13, The Generations Invigorating Volunteerism and Education Act 4/20/2009 4/21/2009 No n/a
P.L. 111-14, To designate the United States courthouse under construction at 327 South Church Street, Rockford, Illinois, as the “Stanley J. Roszkowski United States Courthouse” 4/14/2009 4/23/2009 No n/a
P.L. 111-15, The Special Inspector General for the Troubled Asset Relief Program Act of 2009 4/14/2009 4/24/2009 No n/a
P.L. 111-16, The Statutory Time-Periods Technical Amendments Act of 2009 4/30/2009 5/7/2009 No n/a
P.L. 111-17, A joint resolution providing for the appointment of David M. Rubenstein as a citizen regent of the Board of Regents of the Smithsonian Institution 4/28/2009 5/7/2009 No n/a
P.L. 111-18, A bill to repeal section 10(f) of Public Law 93-531, commonly known as the “Bennett Freeze” 4/28/2009 5/8/2009 No n/a
P.L. 111-19, The Civil Rights History Project Act of 2009 4/30/2009 5/12/2009 No n/a
P.L. 111-20, The Protecting Incentives for the Adoption of Children with Special Needs Act of 2009 5/5/2009 5/15/2009 No n/a
P.L. 111-21, The FERA 5/19/2009 5/20/2009 No n/a
P.L. 111-22, The Helping Families Save Their Homes Act of 2009 5/20/2009 5/22/2009 No n/a
P.L. 111-23, The Weapon Systems Acquisition Reform Act of 2009 5/21/2009 5/22/2009 5/14/2009 No
P.L. 111-24, The Credit Cardholders’ Bill of Rights Act of 2009 5/20/2009 5/22/2009 5/14/2009 No
P.L. 111-25, The Ronald Reagan Centennial Commission Act 5/21/2009 6/2/2009 No n/a
P.L. 111-26, To designate the facility of the United States Postal Service located at 12877 Broad Street in Sparta, Georgia, as the “Yvonne Ingram-Ephraim Post Office Building” 6/9/2009 6/19/2009 No n/a
P.L. 111-27, To designate the facility of the United States Postal Service located at 300 East 3rd Street in Jamestown, New York, as the “Stan Lundine Post Office Building” 6/9/2009 6/19/2009 No n/a
P.L. 111-28, To designate the facility of the United States Postal Service located at 103 West Main Street in McLain, Mississippi, as the “Major Ed W. Freeman Post Office” 6/9/2009 6/19/2009 No n/a
P.L. 111-29, To designate the facility of the United States Postal Service located at 3245 Latta Road in Rochester, New York, as the “Brian K. Schramm Post Office Building” 6/9/2009 6/19/2009 No n/a
P.L. 111-30, The Antitrust Criminal Penalty Enhancement and Reform Act of 2004 Extension Act 6/19/2009 6/19/2009 No n/a
P.L. 111-31, The Family Smoking Prevention and Tobacco Control Act 6/16/2009 6/22/2009 No n/a
P.L. 111-32, The Supplemental Appropriations Act, 2009 6/19/2009 6/24/2009 No n/a
P.L. 111-33, The Native American Heritage Day Act of 2009 6/16/2009 6/26/2009 No n/a
P.L. 111-34, To designate the Federal building and United States courthouse located at 306 East Main Street in Elizabeth City, North Carolina, as the “J. Herbert W. Small Federal Building and United States Courthouse” 6/19/2009 6/30/2009 No n/a
P.L. 111-35, To designate the Federal building located at 799 United Nations Plaza in New York, New York, as the “Ronald H. Brown United States Mission to the United Nations Building” 6/19/2009 6/30/2009 No n/a
P.L. 111-36, The Webcaster Settlement Act of 2009 6/19/2009 6/30/2009 No n/a
P.L. 111-37, The Veterans’ Compensation Cost-of-Living Adjustment Act of 2009 6/25/2009 6/30/2009 No n/a
P.L. 111-38, A bill to provide additional personnel authorities for the Special Inspector General for Afghanistan Reconstruction 6/24/2009 6/30/2009 No n/a
P.L. 111-39, To make technical corrections to the Higher Education Act of 1965, and for other purposes 6/26/2009 7/1/2009 No n/a
P.L. 111-40, A bill to award a Congressional Gold Medal to the Women Airforce Service Pilots (“WASP”) 6/24/2009 7/1/2009 No n/a

The Sotomayor Hearings

judgesotomayorNothing has changed in the six short weeks since Sonia Sotomayor was nominated to the Supreme Court: she remains a symbol of the racial politics she embraces. While we celebrate her story and professional achievements, we must realize that she – an average federal judge with a passel of unimpressive decisions – would not even be part of the conversation if she weren’t a Hispanic woman.

As Americans increasingly call for the abolition of affirmative action, Sotomayor supports racial preferences. As poll after poll shows that Americans demand that judges apply the law as written, the “wise Latina” denies that this is ever an objective exercise and urges judges to view cases through ethnic and gender lenses.

At next week’s hearings, Sotomayor will have to answer substantively for these and other controversial views – and for outrageous rulings on employment discrimination, property rights, and the Second Amendment. To earn confirmation, she must satisfy the American people that, despite her speeches and writings, she plans to be a judge, not a post-modern ethnic activist. After all, a jurisprudence of empathy is the antithesis of the rule of law.