Moody’s Plays the Market

I mentioned in my thread on Tax Pandering last night that the rating company Moody’s is threatening to downgrade the U.S.’s credit rating over the Obama-McConnell Tax plan.  Well, it seems a few folks have noticed a very interesting situation.  Richard Smith at Naked Capitalism and Jane Hamsher at FDL notice a distinct change in message from Moody’s  based on prior statement a week before. Also, Scarecrow at FDL has a related post up now.

It basically looks like they were for it before they were against it.  This is odd and can only come under the heading of something’s rotten in Wall Street.

I’ve been down on Moody’s since they played such a major contributing role to the Financial Crisis by rating mortgage investment trash AAA.   I’ve believe that it is only through lobbying and influence that they have managed to avoid legal and financial  responsibility for their role in the entire debacle.  Both Moody’s and Standard and Poor’s put their AAA+ ratings on trash.  High ratings indicated to the market that the investments were safe so that many pension plans invested in what was essentially a junk bond level investment.  They even highly rated subprime tranches.  I’ve always felt there was a massive fraud investigation out there or at the very least a class action law suit but it’s never happened. My guess is they are highly connected to the current White House.

So, this week’s actions of note is that they seemed to have changed their tune from what they were saying prior to the cloture vote this week.  On December 7th–via Scarecrow’s link to Jane–we can see Moody’s approach to reckless tax policy was simply “No Problem”.  This comes from Bloomberg.

“The extension of the current tax rates is for a temporary period of two years and we think that if that’s all there is to it — it does not have ratings implications,” Steven Hess, senior credit officer at Moody’s in New York, said in an interview today. “We have a stable outlook. We don’t feel it will get changed downward in the next year or two.”

A week later, the same Steven Hess puts out a  completely different vibe to The Hill. This is the message I read when I wrote my post last night.

“From a credit perspective, the negative effects on government finance are likely to outweigh the positive effects of higher economic growth. Unless there are offsetting measures, the package will be credit negative for the US and increase the likelihood of a negative outlook on the US government’s Aaa rating during the next two years,” Moody’s analyst Steven Hess writes.

So, reasonable minds would like to know what changed Mr. Hess’ mind so quickly?  Was it that he was greasing the vote before the cloture vote and now he’s setting us up for something else since this horrible tax plan looks like it will pass?  Richard Smith snarks in the affirmative.

A cynic might think that the Dec 7th report was Moody’s putting all its credibility behind the deal to extend the tax cuts, while the Dec 12th report was Moody’s putting all its credibility behind a move to ensure Obama got no political credit for it, once the deal, that they had implicitly supported a week earlier, was looking much more certain. That type of maneuver will have a familiar feel to the bedraggled Obama, one suspects.

Scarecrow talks about how these ‘impermanent’ tax cuts shouldn’t rattle any markets. The analysis is spot on so actual financial/economic analysis can’t possibly be the reason for the announcements and the change of heart.

For the umpteenth time, the US, unlike the suffering Ireland, Portugal, Spain, etc in the Euro zone, has its own currency and fiat money. It can’t be forced to default. Unless the people who run the country are complete idiots [insert news stories here], and refuse to use the tools and powers they have, the US is not at any risk of defaulting on its debt.

Moreover, the tax package is for two years. If one assumes that’s it, then there is no long-term structural deficit to cause us problems in the long run.

Richard Smith goes into some detail and argues that Moody’s can’t possibly be taken seriously by any one in the market any more because of the aforementioned subprime market crisis. Moody’s had tingling legs aplenty during the lead up time for both Countrywide and Bank of America who wouldn’t even exist today if it weren’t for congressional and white house largess using tax payer money.

Moody’s words can still probably move some markets. But, I think more importantly, it can move Congress Critterz and enable them to do all kinds of things.

So, what is the deal here? Well, this is the hypothesis of both Bostonboomer and me. It’s future cover for the upcoming Obama Tax ‘simplification’ plan and his plan to slash the budget–make that the part that impacts you and me and not Halliburton–when government gets shut down by the Republicans. My guess is the Hess statement will be brought up during the sturm and drang over increasing the debt ceiling once we bump into it early next year.

I’m pretty convinced of this. I’ll point to a CSM op ed for some back up on that.

Obama tax deal could start an era like Reagan’s

The Obama tax plan, if passed, would build trust between Republicans and Democrats. The next step could be tax simplification. The Reagan-era reforms provided helpful lessons.

When it comes to tax reform, is Barack Obama another Ronald Reagan?

That seems to be the way President Obama is painting his political role over the next two years.

Like Reagan in the 1980s, Mr. Obama hopes to find a bipartisan consensus with Congress for simplifying the tax code.

His first big step toward that goal was to negotiate a deal with the newly empowered Republicans on extending the Bush-era tax rates. He also endorsed some ideas from his deficit-cutting commission, especially those aimed at eliminating most tax deductions, credits, and exemptions. And he has instructed aides to prepare tax-reform proposals.

The Republicans have already shown that they are willing to shut down government over the pending debt ceiling issue.  This despite the fact we’ve basically got wars going on on four fronts:  Iraq, Afghanistan, Pakistan and Yeman.

It’s all about who’s in the White House. One of the last bills the 110th Congress passed under the Bush Administration contained an increase in the debt, and 33 Republicans voted for it. Just a few months later, right after the Obama Administration took power, only 2 Republicans voted in favor of a bill raising the debt limit. Now, in these two examples, the debt limit provisions were attached to larger bills — TARP and the Stimulus Act — but, take a look at the historical data and the trend is borne out.

Speaking with unusual candor after the most recent debt limit vote, Rep. Michael Simpson [R, ID-2] said that it wasn’t the minority party’s responsibility to vote for raising the debt limit and called such votes “the burden of the majority.” It’s not clear how the Democratic majority will pull this off next session over what will likely be unanimous Republican opposition. David Waldman at Congress Matters suggests that the Democrats take up filibuster reform first, possibly in the lame duck session, so they can do it with 51 votes.

Obama appears to dislike conflict and taking Democratic-principled stands.  I can only imagine what concessions are being planned at this very moment to deal with how the Congress will deal with raising the debt limit.  Obama caved in on inheritance taxes, caved in on extending tax breaks to millionaires and billionaires, and he’s added pork goodies to the Dubya tax extensions like ‘grants’ to ethanol growers and equipment write off benefits for some one.  I say some one because it’s sure not due to our current Industrial Production Capacity or the lack of corporate profits right now. We’re being bribed with 13 months of extended unemployment benefits and a social security payroll holiday that every one appears to dislike and find suspicious.  The question is, for what?

We may truly be on the verge of another era of Reagan’s VooDoo economics пятилетка. This is a folly that we cannot afford.  Even David Stockman and Bruce Bartlett–architects of Reaganomics–know these policies are detrimental to the U.S. economy and will be detrimental to all but the very rich among us.  All this tax crap is pandering and manipulation.  It has no basis in economic theory or past economic data.  This has to be more of the Starve the Beast Republican Holy Grail enabled by a President who would rather go to a party hosted by Michelle than stick around and deal with questions of policy.  I am sure this will be used to foist the nonsense from the Cat Food Commission on us all. I am simply bereft of hope for the future of this country.

update: A few minutes after I posted this, DDay at FDL has another germane post up:  ‘Corker Assembles Debt Limit Shock Doctrine Team’.  He must be thinking what BB and I are thinking.  Corker is demanding cuts to ALL social programs in exchange for a yes vote to lift the debt ceiling.

The single most important thing that House Democrats could demand, in exchange for the tax cut bill’s passage, is an increase of the debt limit inside the package. It would in effect protect whatever stimulus you might get out of the bill, and deny Republicans another hostage-taking event.


Tuesday Reads

Good Morning!

By now, you probably have heard that diplomat Richard Holbrooke has died at the age of 69 from an aorta tear.  His obits are chock-full of some amazing accomplishments.  Here’s one example from CNN.

Holbrooke was best known for being “the chief architect of the 1995 Dayton Peace Agreement” that ended the Bosnian war — the deadly ethnic conflict in the 1990s that erupted during the breakup of Yugoslavia.

Serving President Bill Clinton as assistant secretary of state for Europe from 1994 to 1996, Americans got a taste of Holbrooke’s drive and intellect, as typified in this remark from “To End a War” — his memoir of the Dayton negotiations.

“The negotiations were simultaneously cerebral and physical, abstract and personal, something like a combination of chess and mountain climbing,” he wrote.

After President Obama took office in 2008, Holbrooke took one of the toughest diplomatic assignments — U.S. special representative for Afghanistan and Pakistan, the region Obama regards as center of the war on terrorism.

He rated a great one at the Grey Lady.

More recently, Mr. Holbrooke wrestled with the stunning complexity of Afghanistan and Pakistan: how to bring stability to the region while fighting a resurgent Taliban and coping with corrupt governments, rigged elections, fragile economies, a rampant narcotics trade, nuclear weapons in Pakistan and the presence of Al Qaeda, and presumably Osama bin Laden, in the wild tribal borderlands.

One of his main tasks was to press President Hamid Karzai of Afghanistan to take responsibility for security in his country and to confront the corruption that imperils the American mission there. At times, Mr. Karzai refused to see him, but Mr. Holbrooke was undeterred.

“He’s an enormously tough customer,” Mr. Holbrooke said during one of the periodic breakfasts he had with reporters who covered his diplomatic exploits. “As you’ve heard,” he added with a smile, “so am I.”

He helped his boss, Mrs. Clinton, whom he had supported in her presidential bid, to persuade Mr. Obama to send more troops to Afghanistan, while pressing for more aid and development projects to improve the United States’ image there. But he died before anyone knew if the experiment would succeed.

A brilliant, sometimes abrasive infighter, he used a formidable arsenal of facts, bluffs, whispers, implied threats and, when necessary, pyrotechnic fits of anger to press his positions. President Obama, who praised Mr. Holbrooke on Monday afternoon at the State Department as “simply one of the giants of American foreign policy,” was sometimes driven to distraction by his lectures.

As we posted yesterday, a huge Senate Majority voted to advance the Obama-McConnell Tax deal.  Only 15 senators voted to stop Cloture. The up or down vote will be scheduled for either today or tomorrow. Stay tuned. We’ll follow the details here.

Fifteen lawmakers voted against it, including five Republicans: Sens. Tom Coburn (Okla.), Jim DeMint (S.C.), Jeff Sessions (Ala.), John Ensign (Nev.) and George Voinovich (Ohio).

Nine Democrats and one independent voted against the bill: Sens. Jeff Bingaman (N.M.), Sherrod Brown (Ohio), Russ Feingold (Wis.), Kirsten Gillibrand (N.Y.), Kay Hagan (N.C.), Frank Lautenberg (N.J.), Pat Leahy (Vt.), Carl Levin (Mich.), Mark Udall (Colo.) and Sanders.

“It makes no sense to me to provide huge tax breaks for millionaires and billionaires while we drive up the national debt that our children and grandchildren will have to pay,” Sanders said in a statement after the vote.

Obama applauded the Senate’s action to move his tax cut compromise with Republicans and urged the House to do the same quickly.

In a statement in the White House briefing room, Obama hailed the Senate’s “strong bipartisan support” for the package and declared “this proves that both parties can in fact work together.”

BostonBoomer brought this my attention so I thought I’d post it.  Is there a Real-Life Da Vinci code in the Mona Lisa?  Cue the Twilight Zone Music.

Intrigue is usually focused on her enigmatic smile.

But the Mona Lisa was at the centre of a new mystery yesterday after art detectives took a fresh look at the masterpiece – and noticed something in her eyes.

Hidden in the dark paint of her pupils are tiny letters and numbers, placed there by the artist Leonardo da Vinci and revealed only now thanks to high-­magnification techniques.

Speaking of secrets, I’ve been looking into the status of Credit Derivatives since Frank-Dodd passed and the NY Times had an article up on Sunday on secret meetings of  a secret Derivatives Dealers Club of 9 on Sunday.  FiscalLiberal and I have been trying to figure out if all the news actually actually reveals anything.    The Financial Times did an update on the area that is an interesting read but doesn’t really say anything’s been solved or changed.

Yet like one of those teenaged vampires on television, the CDS market keeps coming back to life. For example, activity in sovereign CDS is up by a third this year, as speculators and hedgers bet they know more than their counterparties about the probability or timing of Greek or Irish defaults. And no, the sovereign CDS tail is not wagging the sovereign bond dog. For example, there are about $25bn of outstanding CDS on Italy, compared with some $2,000bn of actual Italian bonds.The essential point to remember is that credit derivatives don’t matter very much in determining the state of the real world. The industry, worldwide, almost certainly doesn’t employ more than 10,000 people. It is intended to be a zero-sum business.

The original, modest, purpose of CDS was to provide a low-transaction-cost means of distributing illiquid credit risks around European banks, so as to reduce their risk concentration. Then, the justification became the ease and low cost of hedging credit by buying protection through CDS, rather than going through the expense and uncertainty of maintaining short positions in bonds.

We would all be better off if there were laws to make the majority of these things exchange-traded but  it won’t happen unless governments write the laws.  BostonBoomer knew I’ve been trying to write about this and pointed me to the KO show last night and an interview with Matt Taibbi.  You may want to watch the video at the link.  They talk about the nine dealers from the NY Times link above.  These guys have been blocking the formation of exchanges and lobby hard to keep these things opaque.  You may have read me talk about how information asymmetry relieve messes up a market.  This is a prime example. This KO-Taibbi conversation is easily understood.  I was pretty impressed by what it covered.   KO also throws a gratuitous slam at Obama and Orzag so you might want to watch that just to see how the worm has turned.  Hopefully, I’ll figure out a way to explain this thing simply and have the complete post later.  I’m still trying to get more details.  In my doctoral program, every one saves their one C for the Derivatives Theory course.  Pricing is based on a really complex mathematical model and the language of the deal is written by lawyers. It’s the stuff nightmares are made of!  The math proofs even makes the guys with masters in physics quake. It’s not an easy thing to explain, teach, study or figure out.  I think they like it that way. Like I said, information asymmetry.  Also, KO brings up some nasty stuff about Senator Scott Brown and donations too. Go check it out.

Speaking of nasty stuff, here’s a blast from the past from Slate and Christopher Hitchens. The title alone titillates: ‘How Can Anyone Defend Kissinger Now?  The Nixon tapes remind us what a vile creature Henry Kissinger is’.

Chatting eagerly with his famously racist and foul-mouthed boss in March 1973, following an appeal from Golda Meir to press Moscow to allow the emigration of Soviet Jewry, Kissinger is heard on the tapes to say:

The emigration of Jews from the Soviet Union is not an objective of American foreign policy. And if they put Jews into gas chambers in the Soviet Union, it is not an American concern. Maybe a humanitarian concern.

(One has to love that uneasy afterthought …)

In the past, Kissinger has defended his role as enabler to Nixon’s psychopathic bigotry, saying that he acted as a restraining influence on his boss by playing along and making soothing remarks. This can now go straight into the lavatory pan, along with his other hysterical lies. Obsessed as he was with the Jews, Nixon never came close to saying that he’d be indifferent to a replay of Auschwitz. For this, Kissinger deserves sole recognition.

It’s hard to know how to classify this observation in the taxonomy of obscenity. Should it be counted as tactical Holocaust pre-denial? That would be too mild. It’s actually a bit more like advance permission for another Holocaust. Which is why I wonder how long the official spokesmen of American Jewry are going to keep so quiet. Nothing remotely as revolting as this was ever uttered by Jesse Jackson or even Mel Gibson, to name only two famous targets of the wrath of the Anti-Defamation League. Where is the outrage? Is Kissinger—normally beseeched for comments on subjects about which he knows little or nothing—going to be able to sit out requests from the media that he clarify this statement? Does he get to keep his op-ed perch in reputable newspapers with nothing said? Will the publishers of his mendacious and purloined memoirs continue to give him expensive lunches as if nothing has happened?

Just a suggestion from me.  Drink your coffee before you go read that one. You may feel the need to spit at the screen.

One last depressing thing from the Wonk Room for advocates of GLBT rights.

This afternoon, White House Press Secretary Robert Gibbs refused to say that President Obama would call on the Senate to stay in session until it brought up the stand-alone measure to repeal Don’t Ask, Don’t Tell. In a series of passive replies to the Washington Blade’s Chris Johnson and the Advocate’s Kerry Eleveld, Gibbs didn’t directly urge the Senate to consider the measure, but said, “our hope is that the Senate will take this up again and we’ll see this done by the time the year ends.” “Don’t Ask, Don’t Tell and DREAM, along with government funding, are all in a basket of issues that are likely to come after” START, he argued earlier in the press briefing.

Asked by Eleveld why Obama has pledged to stay in DC until the Senate passed START but not DADT, Gibbs replied that the President would wait for the Senate to adjourn before leaving. Gibbs also refused to say if the administration was considering alternatives to legislative repeal …

Guess there’s more important things to do, like say, pass the Paris Hilton Inheritance Windfall Tax Breaks.

So, what’s on your reading and blogging list today?

Tax Pandering is the Problem

So, now there’s a bunch of polls showing that the public basically approves of most of the tax cuts. yhe village chattering class (e.g Kevin Drum of Mother Jones)sees this as a sign of potential support for Obama and the Democrats.

To me, that’s about like polling on the question: Would you look a gift horse in the mouth? Of course, every one likes some change in their pockets.  But at what cost?  The polls aren’t asking that question.  The one part of the tax deal that came out with a disapproval was the cut in payroll taxes.  But, that’s the big Obama win, right?  So, the villagers have to explain why EVERY one should just love that.

The explanation given by Drum is that every one is really dumb and thinks this will bankrupt social security because no one will pay into to it for a few years.  He’s thinking people don’t see the promised government IOU.    He’s got a list of how dumb he thinks we are about this and you’ll see it at the bottom of the post.   So, now we do economic policy on polls?  Can I get a witness that just because people like something doesn’t mean it’s good or wise policy?  It doesn’t even mean that if they see the hamburger today, they’ll be willing to pay for its cost on Tuesday either.  My guess is when the tab comes, there  will be some unhappy polls then.

The major economic argument for this package is basically that you don’t raise taxes in a weak economy.  That is basic Keynesian thought and it’s odd to see the entire Republican party joining hands and singing “We’re all Keynesians now”.  A secondary argument is that any thing bartered away at this point is worth it because we extend long term unemployment benefits.

What you don’t see is a larger discussion of this all in terms of the economic situation and what is called for in these circumstances except in economist circles.  This really worries me.  Did you notice this ABC poll doesn’t ask people how they feel about giving cash subsidies to corn growers or the deal on equipment write offs?  Those are also components of this tax giveaway.  The poll also doesn’t ask people about what they think this will do to the deficit in the future and the cost of government borrowing.  (Even Moody’s is threatening to downgrade our debt on the merits of this plan.)   This poll  basically asks, “Would you like more money in your pocket or not?” I can only image the naysayers like me either know their economics or they’re like me and not getting anything from this tax bill but the bill.

So, rather than listen to the failed lawyers who make up our policy decision=making class and the spoiled,  rich little nitwits that write the punditry blogs in the MSM, let’s check out what some economists have to say.  We’re going for three of them here.  There will be four if you count me.

I linked down page on the morning reads thread to a blogger named Chevelle who was a government economist who now works at an asset management firm. She has a very good short piece up on why these tax cuts are a very “dumb” idea.  Her basic analysis actually sounds a lot like Larry Summers’ parting shot in Time Magazine.  Another similar voice can be read in the WSJ and comes from Nobel prize winning economist Joseph Stiglitz who calls for a second stimulus package that’s not tax cut loaded.  The tax cuts may be politically popular but they don’t really take care of our problems right now.  The money used for the tax cuts would be a lot more powerful and useful if it was targeted at the problem in the form of Government Expenditures. That’s what all three of them say in their commentary and that’s what I’m arguing for here.  It’s your basic expenditure multipliers stuff from Economics 101.

We’ll start with Larry Summers who answers the question “what is holding the economy back?”. I’m actually beginning to think this parade of economists out of the West Wing door is ominous.  This article just gives me more of those willies.  Here’s the problems per LaLa.

•    When unemployment has been above 9% for 19 straight months,

•    When the job vacancy rate is at near record low levels,

•    When 8 million houses and countless square feet of office and retail space sit empty,

•    When capacity utilization in the nation’s factories and on its railways and highways is nearly as low as it has been in any period since the Second World War,

•    There cannot be any question that the constraint on our economy now and for the next several years will be lack of demand.

I am under no illusion that increased demand alone is sufficient to restore America’s economic health, but it is an unquestionably necessary component of a full recovery.

Unfortunately, the approaches we have become used to over the last fifty years for supporting demand in a market economy are not open to us today.

Base interest rates cannot fall below their current level of zero.

And, in the face of excess capacity and excess debt, it is not clear that, even if they were possible, falling interest rates would be effective in convincing consumers and businesses to spend more.

That sounds a lot like what Stiglitz wrote too.

“The first stimulus package had too much emphasis on tax cuts. Those were relatively ineffective and not enough aid for the states,” Stiglitz told reporters on the sidelines of a seminar in Chile’s capital.

A new stimulus package should include a revenue-sharing program to make up for a shortfall in state revenue and should pick up the states’ investments that had to be stalled. Also, there should be a special focus on human capital, in particular on education and training, he said.

“We have to believe that the economy will eventually recover…[W]hat kinds of jobs will we want to have in five years…[W]e need to have people trained for that,” Stiglitz said.

Additionally, Stiglitz argued the U.S. Federal Reserve’s quantitative easing bond-purchasing program is creating an excess of liquidity, which is flowing into emerging-market nations.

Emerging-market economies such as Chile’s are growing at a much faster pace than the U.S. and have comparatively higher interest rates, making them attractive destinations for investors looking for higher returns.

According to Stiglitz, the $600 billion bond-purchasing program has created a large amount of “liquidity looking for relatively safe high returns” that aren’t found in the U.S. but can be found in many emerging-market nations.

As many emerging markets are trying to discourage capital inflows, “the liquidity goes to the places where they haven’t yet put barriers for the inflows,” Stiglitz told reporters.

Okay, now to blogger Chevelle from Models & Agents. She begins by explaining how most people are back on their life time budgets as measured by the PCE or Personal Consumption Expenditure/per employed person.  It’s back to the lackadaisical pre financial crisis level.  We actually all have a life time expenditures patterm that tends to be consistent over our lifetime.  Some times we borrow  and over spend a little. Other times we panic and save.  Eventually, we get back to the mean.  Employed people are at that now.  It’s the unemployed that aren’t anywhere near their usual budget.  This package does nothing about that.

That the problem with the economy is not that (employed) Americans don’t consume enough; it is that we have too many unemployed people who can’t consume, not even the basics. And this is my first reason why giving a tax gift to employed Americans is a completely dumb policy: Not only is it unfair to the unemployed; it is questionable whether those Americans with jobs and with comfortable cash positions are going to spend this tax gift, if they are already close to reaching their long-term consumption growth. So much for a “targeted”, “efficient” fiscal “stimulus”.

She also argues that we do face a potential government debt problem in the intermediate future and doing more dumb tax cuts is just going to exacerbate the problem down the road.  That also has disturbing implications.  Then, there’s the payroll tax cut.  That’s what Kevin doesn’t grok.

What does the cut in the payroll tax do? If anything, it reduces labor supply. This is because employed workers could work fewer hours and still end up with the same amount of disposable dollars as before the tax cut. So, at the margin, they would reduce the hours they offer to work. (To throw a bit of jargon, the labor supply curve shifts to the left: i.e. less labor is offered for a given wage).

Now, this might (temporarily) close part of the labor supply-demand gap—i.e. reduce unemployment. But that’s a reduction for the wrong reason! What we really need is for unemployment to get reduced due to an increase in labor demand (ie policies to shift the labor demand curve to the right!). So, in theory, *if* the government had cash to spare, and *if* companies’ reluctance to hire were driven by a liquidity constraint, the appropriate policy response to raise employment (and thus, consumption, GDP growth and so on) would be to give a temporary cut in the employers’ portion of the payroll tax, not the employees’.

What she’s saying here is that a payroll tax cut is likely to make employed people work less hours, but it is unlikely to cause employers to hire more people.   She also continues to explain the impact on long term borrowing for the government of doing this kick-the-can-down-the-road policy.

So, while Kevin Drum is excited about is that warm tingling leg feeling he gets speculating that if people like the policy that might make people like Obama and the Democrats a bit more now. Then, he can feel good about himself again as a Progressive (TM).  What he’s really missing is that it’s going to make the situation worse that’s got people peeved at Obama and the Democrats now.  It’s not even robbing Peter to pay Paul.  It’s borrowing money from both Peter and Paul.  It’s giving money to people who will most likely put it into places where it will go stimulate the economies of emerging markets.  It’s not going to do much here at all.

What we’ve got going is a long term unemployment problem with all that implies, and as Larry Summers said, a long term consumption problem.   The people who get this tax cuts aren’t going to change their spending behavior at all and that’s not going to help the economy. If anything, the money going to the rich will head off overseas quicker than a credit card call center.  It’s going to add to the deficit which will create long term debt problems.  It does nothing to ensure the long term unemployed will maintain marketable job skills and their ability to eat and stay in their homes.  It does nothing to really stimulate buying where it possibly could help.  It’s an expensive gesture and that’s about it.

The one thing good that came out of the Reagan years was that we learned that the shot gun approach to tax cutting is just not that effective in doing anything but increasing the deficit.  Former Congressman Jack Kemp actually showed that some targeted tax cuts and targeted expenditures could actually make a difference.  This is what led to the go-zones we see now in rural and urban places that were difficult to develop in the past.  It showed that if you want to kill a big beast, it’s best you get a sharp shooter and the best rifle.  The targeted approach is best.  So, in this sense, even the Republicans are dooming us all to repeat their past mistakes instead of the few successes they actually delivered.  The Democrats have forgotten the past altogether.

I find this very worrisome that we continue to see tax cuts put out by a Democratic administration that play right into that big old VooDoo economics myth.   Kevin Drum just seems to miss that point.  He thinks you’ll be able to head off the Republican hand wringing in the future.  He thinks every one is stupid because this is a good deal for the middle class.  The problem is that it isn’t and it just sets us up for worse things in the future.   This package will fail worse than the first stimulus for many of the same reasons.  Two years down the road, every one will be just as discouraged.  Even Larry Summers sees that.

So, here’s the promised list of why Kevin thinks were all dummies who need skooling.

Possible answers: (a) people don’t really understand that cutting payroll taxes means they’ll see an immediate increase in their take home pay, (b) people associate payroll taxes so strongly with Social Security solvency that they don’t want to cut them, (c) people fantastically overestimate how likely they are to have a $5 million estate when they die, (d) lots of people have a strong instinctive view that people should be able to pass on their wealth to their kids no matter how much it is, (e) people are just generally confused about all this stuff and it’s hopeless to try and figure out what’s really going on.

In any case, I’ll say this again to wavering lefties who have suddenly decided that the tax deal is no good because the payroll tax cut will never be undone and Social Security’s finances will be decimated: yes,
Republicans will engage in their usual Democrats are raising your taxes! demagoguery when the tax cut expires next year, but no, it won’t be very effective. There are lots of good reasons for this, and this poll provides evidence for one of them: the public isn’t all that keen on cutting the payroll tax in the first place. They want Social Security fully funded, and that argument, in the end, will carry the day. Never underestimate the power of AARP.

So, Kevin, the deal is this.  You’re putting the money into the wrong hands and you’re expanding the deficit in the future and probably making it more expensive for the government to keep putting money back into social security.  Afterall, it’s just another government “IOU” to the Social Security Trust Fund.  People haven’t liked the idea in the past. They don’t like it when the government ‘borrows’ from the trust fund and they don’t like it now. The Social Security Trust fund is invested in Treasuries.  You know, those things Moody’s wants to down grade?

It makes no sense to help out people that don’t need it, borrow a ton of money that won’t really accomplish anything,  and still come out with a bad economy two year down the road during the next election season.  I really don’t think people are as confused as you are.    It’s voodoo economics.  It doesn’t make any difference if it’s the Republican or the Democratic brand on it.   No one’s going to look a gift horse in the mouth.  Still, to think anything good will come of any of this is just plain foolish.


Health Care Reform Declared Unconstitutional

This news has just broken.  As expected, a federal Judge in Virginia has ruled that many of the major provisions of the Obama Health Care Reform Act are unconstitutional.  This probably means the law will be reviewed by the Supreme Court.   This first link is from the NYT.

Judge Henry E. Hudson, who was appointed to the bench by President George W. Bush, declined the plaintiff’s request to freeze implementation of the law pending appeal, meaning that there should be no immediate effect on the ongoing rollout of the law. But the ruling is likely to create confusion among the public and further destabilize political support for legislation that is under fierce attack from Republicans in Congress and in many statehouses.

In a 42-page opinion issued in Richmond, Va., Judge Hudson wrote that the law’s central requirement that most Americans obtain health insurance exceeds the regulatory authority granted to Congress under the Commerce Clause of the Constitution. The insurance mandate is central to the law’s mission of covering more than 30 million uninsured because insurers argue that only by requiring healthy people to have policies can they afford to treat those with expensive chronic conditions.

The judge wrote that his survey of case law “yielded no reported decisions from any federal appellate courts extending the Commerce Clause or General Welfare Clause to encompass regulation of a person’s decision not to purchase a product, not withstanding its effect on interstate commerce or role in a global regulatory scheme.”

Judge Hudson is the third district court judge to reach a determination on the merits in one of the two dozen lawsuits filed against the health care law. The others — in Detroit and Lynchburg, Va. — have upheld the law. Lawyers on both sides said the appellate process could last another two years before the Supreme Court settles the dispute.

The case is Virginia v. Sebelius. The ruling is posted  here.

Politico has  analysis up about the ruling that finds that the Individual Mandate provision “exceeds the constitutional boundaries of congressional power.”  The Judge has not blocked implementation of the act.

The White House does not believe the decision will have any impact on the ongoing implementation of the health care law. Officials downplayed the suggestion that rulings against the law would create uncertainty in the middle of its implementation, largely because some of the key provisions don’t take effect until 2014. The White House anticipates all challenges to the law will have worked their way through the system by then.

The Virginia ruling has been a longtime in the making. The state was the first to pass a law barring the mandated purchase of health insurance, setting the stage for Cuccinelli’s lawsuit. Cuccinelli’s suit, like most of the health reform challenges, argues that the individual mandate – which means that everyone must buy health insurance — is an unconstitutional expansion of the Commerce Clause.

Administration officials concede that the lack of a mandate would cut the number of uninsured people who would get coverage in half and threaten the ban on denying coverage people with pre-existing conditions – one of the president’s signature selling points on the law. Other parts of the law, such as the insurance exchanges and Medicaid expansion, could arguably move forward unaffected.

In related news, a Rasmussen poll has shown that the act is still  unpopular.  Support for repeal reached a high in September.

The latest Rasmussen Reports national telephone survey shows that 60% of Likely U.S. Voters at least somewhat favor repeal of the health care law while 34% are opposed. As has been the case since the law was first passed, those who favor repeal feel more passionately than those who want to keep the law–46% Strongly Favor repeal while just 23% who are Strongly Opposed. (To see survey question wording, click here.)

Total support for repeal is up four points from a week ago but consistent with opposition to the law for months. Support for repeal has ranged from 50% to 63% in weekly tracking since Democrats in Congress passed the law in late March.

Voters remain almost even divided over whether the law will mean they have to change their existing health insurance coverage. Forty-four percent (44%) think it is at least somewhat likely they will have to change their health insurance, including 20% who say it is Very Likely. Nearly as many (42%) believe they are unlikely to have to change their coverage, with 15% who say it is Not Likely At All. Thirteen percent (13%) are not sure.

BB here–

Ezra Klein says that unnamed “health reformers” are pleased with the ruling by Judge Hudson, who was a Bush appointee. Two other judges who were appointed by Clinton have already ruled the individual mandate constitutional. Klein writes:

The real danger to health-care reform is not that the individual mandate will be struck down by the courts. That’d be a problem, but there are a variety of ways to restructure the individual mandate such that it doesn’t penalize anyone for deciding not to do something (which is the core of the conservative’s legal argument against the provision). Here’s one suggestion from Paul Starr, for instance. The danger is that, in striking down the individual mandate, the court would also strike down the rest of the bill. In fact, that’s exactly what the plaintiff has asked Hudson to do.

Hudson pointedly refused. “The Court will sever only Section 1501 [the individual mandate] and directly-dependent provisions which make specific reference to 1501.” That last clause has made a lot of pro-reform legal analysts very happy. Go to the text of the health-care law and run a search for “1501.” It appears exactly twice in the bill: In the table of contents, and in the title of the section. There do not appear to be other sections that make “specific reference” to the provision, even if you could argue that they are “directly dependent” on the provision. The attachment of the “specific reference” language appears to sharply limit the scope of the court’s action.

At FDL, David Dayen writes that it isn’t too late for Congress to amend the bill through reconciliation. He also points out:

This problem, of course, could have completely been avoided. You don’t need an individual mandate penalty forcing Americans to buy insurance from a private company to create a near universal health care system. There are dozens of ways to design a health care system without using the government to force people to give money to private companies. Take a look at Europe and their Ehic standard, do you see them scrambling like fools?

An easy way around the constitutional issue would have been to include a public option and make the whole system more like Medicare. Instead of an individual mandate, you could “tax” individuals and provide them with insurance through the public option. You could then grant everyone who had private insurance a waiver from the tax. Even if the state doesn’t have the right to compel an individual to buy a private product, its constitutional right to tax individuals in exchange for government services is not in doubt.


Cry me a River, John

Okay, you probably had better things to do on a Sunday night than watch Lesley Stahl interview John Boehner on 60 minutes.   If you can stomach it, that link will take you to Agent Orange’s interview and some of his outrageous statements.  You can also get some short form critique at Politico.

The midterm elections and the prospect of being Speaker of the House have obviously turned this guy into egomaniac of the decade . Yes, that’s even given his stiff competition for the title up the Avenue.  I can only image that it looks like a Macy’s Thanksgiving Day Parade when Boehner and Obama are in the same room.  Just one big Giant Floating Head Fest!

We’re sampling some Boehners tonight. Try not to sniffle.

John Boehner thinks President Barack Obama is engaging, smart and brilliant but also remains smarted by the president accusing him of taking taxpayers hostage to secure a tax break for the rich.

In an interview with Leslie Stahl of “60 Minutes” for broadcast Sunday night on CBS, Boehner said Obama showed him “disrespect” by calling him a hostage-taker.

“Excuse me, Mr. President I thought the election was over,” Boehner said, according to a transcript obtained by POLITICO. “You know, you get a lot of that heated rhetoric during an election. But now it’s time to govern.”

I can’t imagine the Boehner definition of ‘govern’.  Boehner’s pledged to tackle the deficit  is achieved by adding a huge amount of unnecessary tax cuts to billionaires into the equation.  Boehner Economics: 2 – 1 + 4 = 1.  That kind’ve stupidity alone defines Boehner-the-red-nosed Speaker.  I’m sure he and Biden can sit around singing 99-bottles-of-beer-in-my-gut together and always come up a few kegs short of a brewery.

But, back to the interview.

Boehner: I listen. I’ve got thick skin. And a lot of words get said here in Washington. You just have to let ’em run off your back. The president was having a tough day.

Stahl: You’re so understanding.

Boehner: I have a tough day from time to time myself.

But later in the interview, it became clear that the president’s jab about hostage takers had bothered him.

Stahl: There have been moments of disrespect shown to President Obama.

Boehner: Well, there was some disrespect, I would suggest, that was shown to me yesterday by the president.

The most powerful Democrat and the now most powerful Republican are sizing each other up. They may have exchanged more words via television than in person. And most of them have been, shall we say, unfriendly.

Mr. Boehner was the one who urged Republicans in the house to vote as a block against all of Obama’s initiatives: health care, the stimulus and on and on. And he escalated the attacks during the campaign.

His strategy of defiance worked.

And on election night, in his victory speech, the public saw something they probably never expected from Boehner: it was called “the sob heard round the world.”

“I’ve spent my whole life chasing the American Dream,” Boehner said, choking up.

Can you feel the smarm tonight?   Evidently the American Dream includes zygotes but excludes a hell of a lot of living breathing thinking people.  Let’s analyze some Boehners.

It’s easy to kick somebody when they’re down. George W. Bush has dealt with more difficult issues than any president since Franklin Roosevelt. And I’ve told my colleagues it’s time that we go stand up for the president.

Let’s see, Franklin Roosevelt:  Dealt with insolvent Banks by shutting them down. Check.  Ensured no more Stock Market crashes caused by miscreant banks/investment firms by enacting Glass Stegall.  Check. Ended the Great Depression. Check.  Started the New Deal to get people back to work and ended elder poverty by enacting Social Security. Check. Helped farmers and homeowners avoid foreclosure. Check.   Drug into world war 2 by the Japanese , fought on two fronts, and ended world war 2 with a victory. Check.

George Dubya Bush:  Started the the Great Recession. Check.  Started the Bankrupt America tax cut program. Check.  Increased income inequality and deregulated securities so that we now have high long term unemployment, a huge market crash in both equities and homes.  Ushered in record level foreclosures. Check. Brought about  record level Long term unemployment.  Check. Bailed out insolvent banks and brokerage firms. Check.   Basically started World War 3 by declaring war on a Bedouin nation and unnecessarily invading its neighbors.  Passed off said wars, said recessions, said unemployment, and said deficit to the next dude. Check.

Wow, that’s sure sounds likes it’s in the same league of problems and level of problem-solving  to me. (SO NOT!)

And then there’s these major untruths, oops Boehners:

Make no mistake, a ‘yes’ vote on the Democrats’ health care bill is a vote for taxpayer-funded abortions.

Stem cell research must be carried out in an ethical manner in a way that respects the sanctity of human life.

I think that translates into, if you’re alive, you can just die and go to hell, vs. if you’re a two cell proto-human, we’ll do everything possible to ensure you’re allowed to kill and bankrupt every one in your path!!

The United States and Israel have a unique relationship based on our mutual commitment to democracy, freedom, and peace. Therefore, just as our commitment to these principles must be steadfast, so must our support for Israel.

Should we tell him that Israel’s kind’ve a socialist state and mention the kibbutz thing or just let him blather on?

They have called Operation Iraqi Freedom a war of choice that isn’t part of the real war on terror. Someone should tell that to al Qaeda.

Okay, raise your hand if you knew that there was no al Qaeda in Iraq until we invaded them?  Yes, all of you!!!  Good. You can see who you’re a lot smarter than, can’t you?

So, that explains why he finds the POTUS  “engaging, smart and brilliant”.  Boehner appears dumber than a post. Eggplants appear more “engaging, smart, and brilliant” compared to him.  Tangerines, however, lose the complexion contest.

Okay, so he’s not even Speaker yet and I’m already depressed.  We are sooooooo F’d.