Year 2012

First things first–let’s start with the facts

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It is said that there are two things you do not want to see being made: sausage, and legislation.  I’m of the opinion that a third thing on that list should be the news—you don’t want to see how a news story comes into being.  But Tom Goldstein, the publisher of SCOTUSblog.com, wants you to see what happened behind the scenes last month in the national reporting of the Supreme Court’s decision on the Affordable Care Act.  In his in-depth post-mortem Goldstein (who has a dog in this fight, to be sure) and his staff pieced together what happened at CNN, Fox News Channel, the White House, and SCOTUSblog.com in the nine minutes between when the court’s decision was handed down and when the error-filled reporting of the decision ended, including how

  • hackers tried to bring down SCOTUSblog
  • the court’s own website failed due to the heavy traffic, so no one outside the court building could access the decision
  • a lack of thoroughness led CNN and Fox to run with incorrect interpretations of the opinion, and
  • people who’d seen those incorrect TV reports refused to believe they were incorrect when confronted with the truth

CNN and Fox News have come in for a lot of deserved criticism for initially reporting the story incorrectly.  Yes, I know they were trying to get it first but so was everyone else, and they waited long enough to understand what the court had ruled before reporting it.  In fact, Bloomberg was first—less than one minute after the chief justice began announcing the decision from the bench—and they got it right!

From what I learned in this piece, I find it disturbing just how much brain power was brought to bear by these two networks that day and still they got it wrong.  Disturbing, but not surprising.  Yes, people make mistakes; but people who care more for flash than for accuracy—for generating heat rather than light—are more likely to make careless mistakes.  Avoiding careless mistakes is—or should be—of paramount importance in this business.

But both CNN and Fox exposed themselves to potential failure by

(a) treating the decision as a breathless “breaking news” event, despite the fact that everyone knew when the opinion was going to be released (and the mandate won’t take effect until 2014), while at the same time

(b) not putting sufficiently sound procedures in place to deal with the potential complications, and

(c) not placing more faith in the consensus view of the wire reports.

To put it another way: read the damn opinion before presuming to tell me what it says.  That shouldn’t be too much to ask, whether reporting a Supreme Court decision or a school board meeting or a fender bender.  Bill Kovach and Tom Rosenstiel suggest that in order “to provide people with the information they need to be free and self-governing,” which is the purpose of journalism, the journalist’s first obligation is to the truth.  Sometimes that can take more than just a few minutes to learn, but we don’t mind waiting.

Other opinions–

Considering “American exceptionalism”

Pat Ryan 2 Comments

Two hundred thirty-six years!  Wow…amazing to think that this country has not just survived, but prospered for that long, given all that it and its people have faced over those seven or eight generations.  Some attribute that to the hand of God, some to the nature of Americans, some to a combination of the two.

If you’ve led a sheltered life, like me, then the concept of “American exceptionalism” is a relatively recent revelation.  Come to find out, today it’s a dog whistle blown by social conservatives amid the political battle, and wielded like a heavy club against those of us who “just don’t get it.”  And so I was very interested to run across a thoughtful series of essays at CNN.com that shed a lot of light on the topic.

The first installment, on the site’s Belief Blog, looks into the history of the idea and makes it pretty clear that it began as a religious concept among the Puritans who fled England almost 500 years ago.  Those people established a theocracy and their descendants were big believers in Manifest Destiny, but the concept evolved along with beliefs about democracy and egalitarianism.  Very interesting reading.

So is the second part, which will bother some “exceptionalists” no end: it looks at the evidence which proves that in some respects America is not the best country in the world, and wonders why some people think that even considering the evidence is a sign of weakness, or treason.

The third rail of American politics is acknowledging we may not be the greatest country in the world.

(snip)

It’s not like acknowledging flaws is the same as acknowledging failure. The business sector seldom rests on its laurels. Successful companies assume there’s room for improvement, and they’ll put themselves through ISO 9000, Six Sigma, benchmarking, best practices and any number of other assessment programs to get there.

(snip)

If businesses don’t evolve, they end up like Atari, Pan Am and Woolworth’s, onetime industry leaders that crashed against the rocks of strategy, innovation and competition. So the successful ones aren’t shy about borrowing good ideas from others.

Then why is it so hard for the United States to admit its shortcomings and do the same?

(Read the piece for the answer.)

And in today’s third installment, CNN political analyst (and longtime Republican political adviser) David Gergen, and his researcher Michael Zuckerman, try to answer the question “What makes America special?” and conclude that exceptionalism, like beauty and more, is in the eye of the beholder, and that the heart of our contemporary on-going political pie fight is a conflict over which of our “core values” is core-est.

…Americans espouse five core values, stemming from key historical experiences, that distinguish us from other Western nations: liberty, egalitarianism, individualism, populism and laissez-faire.

(snip)

…these values can be in serious tension with each other. Those who believe foremost in egalitarianism, for example, run in very different directions from stout defenders of laissez-faire.

In politics, nowhere does this tension between core values play out more starkly than in debates over liberty versus equality. Republicans have traditionally argued that a free society allows everyone to do better, while Democrats have objected that without basic fairness, society as a whole is held back. In that spirit, Romney ardently defends liberty and just as ardently, Obama defends social equity.

So, why should we care about this right now, while we’re preparing to ditch work and fill our faces and gawk at politically-hued ballistics displays in the middle of the week?

On this July Fourth, then, we have an America where many, including our leading politicians, disagree on what makes the country special — and on what values should take precedence. There is nothing inherently wrong with such disagreements: Indeed, a competition of ideas is healthy for the republic. But, as has become painfully obvious, the differences in perspective have become so sharp and deep that we are tearing ourselves apart.

That’s why this July Fourth should not only be an occasion for wondering what makes America special, but also for pondering how we can build bridges across the divide.

(snip)

For our money, the winner of the 2012 election won’t be the one who makes a stronger argument for egalitarianism over liberty or liberty over egalitarianism, but the candidate who joins the two, persuading voters he is best equipped to lift floors as well as ceilings, ensuring every American has an honest shot in life.

Happy birthday, America!

Rhetoric doesn’t match the facts, and Roberts may not be a traitor to conservatism after all

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A follow-up on Thursday’s Supreme Court Obamacare ruling:

The campaign for president hasn’t taken a time out since the court issued its ruling on the health care insurance reform last week; Barack Obama and Mitt Romney are all over it, but it turns out they’re getting a good bit of it wrong—both of them.  Check out the AP fact checker on the rhetoric since last Thursday: the law does not guarantee everyone can keep the insurance they have now indefinitely, 20 million people losing their insurance is a worst-case scenario estimate, there’s no evidence the law will add trillions to the budget deficit or raise taxes on the American people by half a trillion dollars, and very few of us should be counting on rebate checks from our insurance companies.

A healthy portion of the American people had some level of surprise or disgust at the action of Chief Justice John Roberts in this case: surprise that he found the law was constitutional, disgust at his seeming abandonment of conservative principles to come up with a way to find that the law was constitutional.  Today, CBS News quotes sources inside the court who say Roberts changed his mind on this ruling and worked to find a way to save the law, which angered his conservative colleagues.  Meanwhile, two more top conservative columnists, George Will and Charles Krauthammer, have joined the ranks of those who see a silver lining in the ruling: Roberts found a way to strike a blow for limited government while at the same time protect the integrity of the court itself!

Will:

If the mandate had been upheld under the Commerce Clause, the Supreme Court would have decisively construed this clause so permissively as to give Congress an essentially unlimited police power — the power to mandate, proscribe and regulate behavior for whatever Congress deems a public benefit. Instead, the court rejected the Obama administration’s Commerce Clause doctrine. The court remains clearly committed to this previous holding: “Under our written Constitution . . . the limitation of congressional authority is not solely a matter of legislative grace.”

Krauthammer:

More recently, however, few decisions have occasioned more bitterness and rancor than Bush v. Gore, a 5 to 4 decision split along ideological lines. It was seen by many (principally, of course, on the left) as a political act disguised as jurisprudence and designed to alter the course of the single most consequential political act of a democracy — the election of a president.

Whatever one thinks of the substance of Bush v. Gore, it did affect the reputation of the court. Roberts seems determined that there be no recurrence with Obamacare. Hence his straining in his Obamacare ruling to avoid a similar result — a 5 to 4 decision split along ideological lines that might be perceived as partisan and political.

Last week I said that it would have been unfortunate for the law to be rejected by a single vote, in what would have amounted to a “party line” vote.  Will and Krauthammer and others think the chief justice of the United States was thinking the same as me…although he was thinking it sooner, I’m sure, and with much greater legal clarity.  But still, he was on the right track…

Health insurance law ruling will refocus fall campaign–away from the most important issues!

Pat Ryan 1 Comment

Let the predictable caterwauling begin: today the Supreme Court upheld the constitutionality of President Obama’s signature domestic policy achievement, the Patient Protection and Affordable Care Act, with Chief Justice John Roberts leading the majority on the 5-4 decision.

The heart of the disagreement over the law is its requirement that each of us Americans purchase health insurance, and the court has now ruled that the requirement does not violate the Constitution.

During oral arguments in March, conservative justices indicated they were skeptical about the individual mandate, the provision in the 2,700-page health-care law that requires nearly all Americans to obtain health insurance by 2014 or pay a financial penalty.

Arguing the case for the Obama administration, Solicitor General Donald B. Verrilli Jr. defended the law as a constitutional exercise of congressional power under the charter’s commerce clause to regulate interstate commerce. He said lawmakers were regulating health insurance to deal with the problem of millions of people who lack coverage and therefore shift costs to the insured when they cannot pay for their medical care.

Paul D. Clement, representing Florida and 25 other states objecting to the health-care law, argued that Congress exceeded its power in passing the law, which he said compels people to buy a product.

The court rejected Obama administration’s commerce-clause argument, but ruled 5-4 that Congress nevertheless “has the power to impose” the individual mandate under its taxing authority. The provision “need not be read to do more than impose a tax,” the opinion said. “This is sufficient to sustain it.”

Neither the plaintiffs in the case nor the Obama administration had argued before the court that the individual mandate was a tax.

(In fact, that is the point made—the only point made—in the story I saw when I clicked on the lead headline on FoxNews.comthis afternoon.)

The decision means that implementation of the new law should proceed, with the aim to get health insurance coverage for tens of millions of currently uninsured Americans; these are the people who currently access the most expensive health care around through emergency rooms and charity care, medical care that those of us who pay taxes are already footing the bill for anyway.

So, that’s settled.  Or not.  Arguably, the real heart of the disagreement is that this is Obama’s plan, and people who had supported similar health care insurance law revisions in the past (like the conservative Heritage Foundation and many Republicans; like the Commonwealth of Massachusetts, W. Mitt Romney, Gov.) opposed this one because it was Obama’s plan.  People like Mitch McConnell, and others who have proudly and publicly asserted that they will do whatever is required to make Barack Obama a one-term president (for whatever reason).

The dissent in the case will only fuel their fire: it argues that the Obamacare mandate that individuals purchase a product—health insurance—and its threatened denial of some Medicaid funding to states for non-compliance both unconstitutionally exceed government authority, and that since those provisions are crucial to making the system work, the entire statute should be tossed out…hmm, not much room for compromise here, I guess.

It’s unfortunate that the divide on the court was (except for Roberts) by perceived political ideology—for many people that’s going to reinforce the idea that the justices make their decisions based on politics rather than the law, and that will reinforce the left/right division in politics.  But it could have been worse: as David Franklin from DePaul University’s College of Law argues in Slate, Roberts found a way to uphold ACA in order to save the integrity of the Supreme Court.

A 5-4 decision to strike down Obamacare along party lines, whatever its reasoning, would have been received by the general public as yet more proof that the court is merely an extension of the nation’s polarized politics. Add the fact that the legal challenges to the individual mandate were at best novel and at worst frivolous, and suddenly a one-vote takedown of the ACA looks like it might undermine the court’s very legitimacy.

And, of course, health care is now likely to become the distraction center for a presidential campaign that I’d hoped would hold its focus on employment and the federal budget.

(We don’t need to spend time discussing how, in their rush to be first with the news, CNN and Fox both got the story completely wrong, do we?  Fish in a barrel…)

Here’s a smattering of the early reports on the court ruling, for your edification and delight:

The ultimate local news promo

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Are you like me: do you hate the local television news? The newscast that addresses you like you’re a four-year-old (“Take your umbrella to work…”) and aims at your emotions rather than your intellect (“Parents terrified by an outbreak of scuffed knees among kindergarteners…”), that buries the lead story (“Allen Stanford sentenced to 110 years for $7 billion Ponzi scheme…”) whenever there’s heartwarming fluff to be dished out (“Woman saved from burning car by stranger weeks ago thinks he’s a good guy…”), the one that ignores the news of the world (“Euro zone economic crisis awaits Greek vote results…”) to spend precious minutes on pointless poofery (“We asked for your opinions on bunnies, and you Tweeted up a storm…”).

And have you always suspected that, deep inside, that those well-scrubbed, bubble-headed bleach blonde boys and girls are actually in on the shameful scam, that they know damn good and well what they and their cross-town colleagues are doing? Then you want to watch this: from the fine folks at WGN-TV in Chicago, the honest local news promo you’ve always wanted to see.