Quotulatiousness

May 14, 2014

Another area for freedom of choice – the “right to try”

Filed under: Bureaucracy, Health, Science, USA — Tags: , , , — Nicholas @ 11:32

Amity Shlaes talks about a movement to allow more freedom of choice, but in an unusual and tightly regulated sector:

For decades now the Food and Drug Administration has maintained an onerous and slow approval process that delays the debut of new drugs for fatal diseases, sometimes for years longer than the life span of the patients desperate to try them. Attorneys and scholars at the Goldwater Institute of Arizona have crafted legislation for the states that would allow terminally ill patients to try experimental drugs for cancer or degenerative neurological diseases earlier. These “Right to Try” bills are so scripted that they overcome the usual objection to delivery of such experimental drugs: safety. Under “Right to Try,” only drugs that have passed the crucial Phase 1 of FDA testing could be prescribed, thereby reducing the possibility of Thalidomide repeat. Second, only patients determined to have terminal cases would be eligible to purchase the drugs, making it harder to maintain that the drug will jeopardize their lives.

Representatives in Colorado, Louisiana, and Missouri approved the “Right to Try” measure unanimously. Citizens of Arizona will vote on the effort to circumvent the FDA process this fall.

Why the popularity? The phrase “Right to Try” appeals especially in a nation that senses all too well the reductions in freedom that come as the Affordable Care Act is implemented. The recent success of The Dallas Buyers’ Club, a film about a man who procured experimental drugs for AIDS patients, also fuels the “Right to Try” impulse. Some of the popularity comes from our culture of choice. In Colorado, where citizens have choice about abortion, and now the choice to use marijuana, they may also get what seems an elemental choice, that to try to save their own lives.

But of course “Right to Try” also sails because of the frustration of tragedy. Years ago a man named Frank Burroughs founded the Abigail Alliance after conventional options failed to cure his 21-year-old daughter’s cancer. Abigail’s oncologist tried to get Abigail newer drugs, Erbitux or Iressa from AstraZeneca, the company with which Pfizer hopes to merge. But the drugs were not available in time to save the girl. The Abigail Alliance is attempting on the federal level what Goldwater is trying for states: The federal bill’s name is the Compassionate Care Act. “Those waiting for FDA decisions, mainly dying patients and those who care for them, view the agency as a barrier,” co-founder Steve Walker explained simply. And who can disagree? Many of the supporters of “Right to Try” or the Abigail Alliance are businesspeople or scientists who are motivated to honor ones they have lost to illness; others are racing to save sick family who are still living. Yet others labor for patients in particular or science in general.

May 13, 2014

Climate change policies – “a massive conservative blind spot … matched by liberals’ tunnel vision”

Filed under: Environment, Politics, USA — Tags: , , , — Nicholas @ 07:35

Shikha Dalmia on the real reason the right fights against massive government action to fight climate change:

The decibel level in our national debate about global temperature went up several notches this week. The White House noisily released a report full of dire claims about the havoc manmade global warming is causing in America — and Republicans, equally noisily, denounced this as “liberal gloom and doom.”

The left has a deep ideological need to hype this issue, and the right to minimize it. And despite the deafening political noise on what ought to be a scientific matter, Americans must not be tempted to reach for their earplugs in disgust. After all, these ideological wars are how democracies sort out their differences.

[…]

The right’s chief commitment (which I share) is to free enterprise, property rights, and limited government that it sees as core to human progress. So when the market or other activities of individuals harm third parties or the environment, they look for solutions in these principles.

If overgrazing threatens a pasture, to use a classic example, the right’s answer is not top-down government diktats to ban or ration use. Rather, it is to divvy up the pasture, giving ownership to farmers — or privatizing the commons. The idea is that what individuals own, they protect; what they don’t, they abuse.

But there is no pure free market or property rights solution to global warming. There is no practical way to privatize the Earth’s atmosphere or divvy up pollution rights among the world’s seven billion inhabitants in 193 countries. This creates a planet-sized opening for the expansion of the regulatory state. Hence, right-wingers have an inherent need to resist the gloomy global warming narrative.

This is a massive conservative blind spot. But it is, in many ways, matched by liberals’ tunnel vision.

It is no secret that liberal commitment is less to promoting individual liberty and more to curbing capitalistic greed, which the left views as the great enemy of social justice and equality. At first blush, environmentalism and egalitarianism appear in conflict given that the environment is something of a luxury good that rich folks generally care about more than the poor.

Indeed, this conflict is why the 1960s New Left, driven primarily by humanistic concerns such as eradicating poverty and eliminating racism, shunned the emerging environmental movement for over a decade, according to University of Wisconsin’s Keith M. Woodhouse. Many in the New Left condemned the first Earth Day in 1970 as “the white liberal’s cop out” and believed that a preoccupation with overpopulation, for example, was “racist hysteria.”

The global 1% includes almost all North Americans

Filed under: Economics, USA — Tags: , — Nicholas @ 07:14

Peter Jaworski explains that as with so many other issues, where you sit on the issue of economic inequality determines what you see:

When people talk about the “1%”, I think they think that they are talking about a specific group of individuals, who have been and remain in that category over time.

When they say “We are the 99%” I think they think that that’s a static category, designating a group of people who persist as members over their lifetime.

Would people be so upset if it turned out that the individuals who made up the 1% were different people over time? That those who are in the 1% spend most of their lives in the 99%, and will go back to being 99%ers after a few years of being 1%ers?

I’m not sure. I am sure that if those categories represented a permanent group of specific individuals, we would be justified in lamenting the state of the economy.

But at any rate, if you’re someone who worries a great deal about the 1 and 99 %ers, would you be as worried if the following were true?:

Suppose just over one-in-ten (or 12%) would be in the 1% for at least a year of their lives.
Suppose further, to expand our view a bit, that just over one-in-three (or 39%) would hit top 5%, just over one-in-two (or 56%) would hit top 10%, and two-in-three (or 73%) would hit top 20%, each for at least a year of their lives.

And now suppose that less than one-in-150 (or a mere 0.6%) remained in the top 1% for 10 consecutive years.

If all of that were true — if the income distribution were that fluid — would you still be so upset?

All of that isn’t a hypothetical: “it’s a description of the income distribution over time in the U.S.” (and Canadians are probably similarly distributed).

For people in India, I bet they think the heated discussion about top 1%ers and 99%ers in Canada and the U.S. is a great big joke. The very same kind of joke that we would laugh about if the Tremblays in the Westmount area of Montreal were to bitterly complain about the Jones’ living in the Bridal Path area of Toronto. Sure, the Tremblays with their average $8 million net worth have half what the Jones’ and their $16 million net worth have, but it would take a comic to suggest we should lament and despair about the Tremblays’ attempts to keep up with the Jones’.

But it’s not a joke. Or, maybe, the people who occupied Bay Street and Wall Street didn’t get it.

Us Canadian 99%ers are not just rich, which we are. By global standards, we’re filthy, stinking rich. It takes roughly an annual net income of $41,600 to be in the global 1%.

If that’s you, then take a deep breath, find a mirror, and repeat these words, “I am the 1%.”

May 12, 2014

Reason.tv – Trigger Warnings, Campus Speech, and the Right to Not Be Offended

Filed under: Media, Politics, USA — Tags: , , , , , , — Nicholas @ 16:55

Published on 8 May 2014

“It’s really not anyone else’s business to tell someone when they are mentally and emotionally ready to deal with things,” says Bailey Loverin, a University of Santa Barbara (UCSB) junior who authored a resolution to mandate that professors issue “trigger warnings” before presenting material that might trigger memories of past traumas in students.

Feminist and social justice blogs popularized the concept of the trigger warning, with writers encouraging each other to label posts that might trigger flashbacks to sexual assault or domestic abuse. As the popularity, and scope, of the trigger warning idea grew, some bloggers began listing potential triggers, ranging from rape and violence and suicide to snakes and needles and even “small holes.”

May 9, 2014

The 1964 trial of Jack Ruby

Filed under: History, Law, USA — Tags: , , , , — Nicholas @ 00:01

The Toronto Sun shares a portion of Peter Worthington’s Looking for Trouble (now available as an e-book) dealing with the trial of Jack Ruby. Worthington had been in the room when Ruby gunned down Lee Harvey Oswald.

The Ruby trial was pure showbiz. While the witnesses and characters who surfaced during the trial were Damon Runyon, the judge and lawyers seemed straight out of Al Capp and Dogpatch. Judge Joe B. Brown’s legal education before he was elected to the bench consisted of three years of night school 35 years earlier. In Dallas he was known as Necessity – “because Necessity knows no law.”

[…]

One day as a stripper who worked at Ruby’s nightclub called Little Lynn (who was over nine months pregnant at the time), was waiting to testify, seven prisoners in the connecting county jail grabbed a woman hostage and fled. They had fashioned a pistol of soap, pencils and shoe polish, persuaded guards that it was real, and made their break, witnessed by some 100 million viewers.

Little Lynn fainted and Belli prepared to play midwife. A BBC reporter on the phone to his office was describing the action and repeatedly swore to his editors that he was neither kidding, nor had he been drinking. “Listen, you bloody fools, this is America, this is Texas … any bloody insane thing is possible here!”

The next day, the New York Daily News ran an eloquent black headline: “Oh, Dallas!”

The jury returned in 140 minutes with a guilty verdict. In Texas, where the juries set the penalty, they opted for the electric chair.

Belli returned to San Francisco in disgust. “I shall never return here; it’s an evil, bigoted, rotten, stinking town.”

As it happened, Ruby died three years later and won a form of immortality and a place in criminal and political legend.

And as for conspiracy theories, the flaw is that Oswald was an ideologue, a semi-literate left-wing extremist, while Ruby wouldn’t know what an ideologue was unless he did a strip-tease for him.

To choose two such perfect foils on which to base a presidential murder plot challenges credulity. There has been so much official deceit, perjury, rationalization and cover-up that the deeds seem […] more sinister than they actually have been.

We will probably never know the truth.

May 8, 2014

Weighty injustice

Filed under: Law, USA — Tags: , , — Nicholas @ 08:30

Scott Greenfield discusses something most of us have never given any though to:

In a New York Times op-ed. former AUSA turned Minnesota lawprof Mark Osler did a mitzvah by explaining the game played in drug sentencing. After noting some of the problems recently raised about mandatory minimums, the pardon game and absurdly long Guidelines sentences, he goes on:

    Unfortunately, none of this addresses a very basic underlying problem: We continue to use the weight of narcotics as a proxy for the culpability of an individual defendant, despite this policy’s utter failure. If a kingpin imports 15 kilograms of cocaine into the country and pays a trucker $400 to carry it, they both face the same potential sentence. That’s because the laws peg minimum and maximum sentences to the weight of the drugs at issue rather than to the actual role and responsibility of the defendant. It’s a lousy system, and one that has produced unjust sentences for too many low-level offenders, created racial disparities and crowded our prisons.

[…]

But when a person is prosecuted based upon an arbitrary distinction, that he carried a certain number of grams of dope (because we can all distinguish between the weight of 7 grams and 8, right?) it should reflect a significant difference in crime and sentence.

[Radley Balko] goes on to discuss a related, but separate, issue, that drug weight is aggregate rather than pure. In other words, ten kilos of cocaine can contain 9 kilos of baby laxative, cut as it’s called in the trade, and only one of active narcotic, but it’s still ten kilos for the purpose of charging and sentence. This is a policy decision, that the purity of the drug is not considered, even though it tells a great deal about where the defendant is on the food chain of drugs. The higher the purity, the higher on the food chain, as drugs get “stepped on,” or diluted, at each level down the chain.

This applies even with less applicable concepts, such as marijuana, where the weight of stalks and stems of seized marijuana plants can be included in aggregate weight even though they are useless as drugs. The message is, you pay by the pound, regardless. It simplified the police and prosecutorial function, even as it undermines any doctrinal justification for the charge and sentence.

May 6, 2014

The hidden epidemic of rape on campus

Filed under: Law, Politics, USA — Tags: , , , — Nicholas @ 07:34

I recently saw a claim that nearly one in five US women attending university are subject to rape or sexual assault during their academic careers. If the situation is that dangerous, why haven’t the universities and campus police done something to crack down on this crime wave? That’s because it’s not actually true: only by merging a whole range of unwelcome or unwanted contacts (or even post facto “regrets”) in with genuine criminal activity do we get to a number close to 20% of the female student population. This is not in any way to minimize the seriousness of actual rape, but conflating everything from “microaggressions” through sexual harassment all the way to sexual assault in the same category is a terrible way to help those who are the actual victims of crime. In Time, Cathy Young discusses the recent White House report on campus sexual assault:

The administration’s effort, which made headlines last week with a report by the White House task force on campus sexual assault and new Department of Education guidelines, has an indisputably noble goal. Unfortunately, it is marred by flaws, including alarmist statistics, fuzzy definitions and a polarizing ideology of presumed guilt.

One of the foundations of this crusade is the staggering claim that one in five female students are sexually assaulted while in college. This figure comes from the 2005-2007 Campus Sexual Assault Study [PDF], which, as Washington Post Fact Checker Glenn Kessler has noted, was conducted at just two schools, with a fairly low response rate. Moreover, the survey’s data for “drug- and/or alcohol-enabled sexual assault” (about 70% of the incidents in the study) lump together unconsciousness or incapacitation with intoxication that may cloud one’s judgment and affect consent. Notably, despite widespread sexual assault awareness programs, two-thirds of the college women whom the study counted as victims of drug- or alcohol-enabled rape did not think they were raped, and few felt they had suffered psychological harm.

University of Michigan economist Mark Perry also points out that, if you take police records from university campuses and factor in the White House estimate that only about 12% of campus sexual offenses are reported, you don’t get anywhere near a one-in-five victimization rate over the course of a woman’s college attendance — more like 1 in 20 or 1 in 30.

May 5, 2014

The Constitution-free zone near the US border

Filed under: Law, Liberty, USA — Tags: , , , , , — Nicholas @ 07:48

A recent decision by a federal appeal court expands the already very broad opportunities for police and border agents to stop and search travellers near the US border:

A federal appeals court just ruled that the police have a legal right to stop, search and arrest you for innocent behavior including driving with your hands at the ten-and-two position on the steering wheel at 7:45 p.m., taking a scenic route and having acne.

To the Tenth U.S. Circuit Court of Appeals, these factors added up to fit the profile of a person smuggling undocumented immigrants and drugs. The court said, “Although the factors, in isolation, may be consistent with innocent travel … taken together they may amount to reasonable suspicion.”

In other words, the police can now stop you for no reason at all. Law enforcement just needs to add a sinister context to your behavior, and off you go to jail. The court endorsed this expansion of aggressive police behavior in USA v. Cindy Lee Westhoven, No. 13-2065.

[…]

Incredibly the court found that this scenario created a reasonable suspicion for an “investigative stop.” By inserting a context that would make every driver guilty, the court upheld this belligerent law enforcement:

The officer said he spotted the car because “her arms were ‘straight and locked out’ at a ‘ten-and-two position on the steering wheel,’ — as everyone is taught in driver’s ed in high school. He was also suspicious because the road was used primarily by locals in New Mexico, and Westhoven had Arizona plates. She had acne scarring, “indicating to him she might be a methamphetamine user.” He also thought the shopping was better in Tucson than Douglas, so this was also “suspicious.”

“The dark tinted windows on Ms. Westhoven’s truck raised Agent Semmerling’s suspicion that she might be concealing something or someone in the back of her truck,” the court added.

The time happened to be between a 6-to-8 p.m. border patrol shift change, and the cop inferred that Westhoven was a smuggler trying to exploit that two-hour window. Westhoven was nervous, taking long pauses and shaking — which apparently signaled criminality.

The final nail for Westhoven was that she had two cell phones visible in the car. The cop said this was a common practice for drug smugglers. It is also common for people who have a business phone and a personal phone.

May 2, 2014

QotD: Toxic feminism

Filed under: Politics, Quotations, USA — Tags: , , , — Nicholas @ 00:01

Feminism, as of late, is too often a terribly toxic thing, as it demands not equality and sense but special treatment and a world that works as the real world does not. This sends a message to women that they are impervious to dangers and challenges (or “should” be). And this ultimately endangers women and hurts men as well. This needs to change but I’m not sure how that can be accomplished.

Amy Alkon, “Denouncing Binge Drinking Is Not Victim-Blaming”, Advice Goddess Blog, 2013-12-24

April 30, 2014

Inheritance taxes actually perpetuate the 1%

Filed under: Britain, Economics, USA — Tags: , , , — Nicholas @ 08:18

Here’s Tim Worstall’s counter-intuitive post at the Adam Smith Institute blog from last week:

… Note “family foundation” there. Because of that inheritance tax rich people do tend to (and they have to be very rich for it to work) stick all of the money into a foundation. This wealth can then be maintained by professional money managers down the generations. Tax free, of course, as it’s inside a foundation. The stipulation is that said foundation must give away 5% of its assets each year. But such “giving away” obviously includes employing family members to run it. At pretty much any salary desired.

This obviously wouldn’t happen if the money could just be left directly to children without tax being due. And the effect of it going into such a foundation where the professional money managers can maintain it, rather than the heirs blow it, is that we’ve lost one of the major forces that disperses wealth through the society. The feckless heir.

So, we end up with the imposition of the tax leading to the continued concentration of old wealth, as the avoidance of the tax reduces the ability of the inheritors to waste it.

As an example, who thinks that any of the Kennedys would still be rich if they’d been able to get their hands on old Joe’s money directly?

I rest my case.

As one of the comments on that post points out, it’s not just the inheritance tax: it’s the interaction between the tax and the rules governing family foundations that create this unexpected-to-most-of-the-99% situation. I’m sure the 1% who can benefit from this are fully aware of it. This could be fixed either way, but the very people who benefit are the ones who would be pivotal in whether the changes could be made. So, it’s technically possible but not at all likely.

American foreign policy in the Obama era

Filed under: Government, Politics, USA — Tags: , , — Nicholas @ 07:49

Victor Davis Hanson sketches out the way US foreign policy changed when Barack Obama was elected:

The first-term foreign policy’s assumptions went something like this. Obama was to assure the world that he was not George W. Bush. Whatever the latter was for, Obama was mostly against. Given that Bush had left office with polls similar to Harry Truman’s final numbers, this seemed to Obama a wise political approach.

[…]

Second, policy per se would be secondary to Obama’s personal narrative and iconic status. Obama, by virtue of his nontraditional name, his mixed-race ancestry, and his unmistakably leftist politics, would win over America’s critics to the point where most disagreements — themselves largely provoked by prior traditional and blinkered administrations — would dissipate. Rhetoric and symbolism would trump Obama’s complete absence of foreign-policy experience.

[…]

Third, Obama had a clever recipe for concocting a new disengagement. He would mesh the increasing American weariness with intervention abroad and fears over a shaky economy with his own worldview about the dubious past role of the United States. The result might be that both libertarians and liberals, for differing reasons, would agree that we should stay out of problems abroad, that a struggling lower class and middle class would agree that money spent overseas was money that could be better spent at home, and that critiques of America’s past would seem not so much effusions of leftist ideology as practical reasons why the United States should disengage abroad.

Finally, to the degree that any problems still persisted, Obama could either contextualize them (given his legal training and community-organizing experience), or talk loudly and threaten. For example, by referencing past American sins, by an occasional ceremonial bow or apology, by a bit of psychoanalysis about “macho shtick” or the schoolboy Putin cutting up in the back of the room, an exalted Obama would show the world that he understood anti-social behavior and could ameliorate it as a counselor does with his emotional client. The world in turn would appreciate his patience and understanding with lesser folk, and react accordingly. Again, in place of policy would be the towering personality of Barack Obama. And if all that did not work, a peeved Obama could issue deadlines, red lines, and step-over lines to aggressors — and reissue them when they were ignored.

Disturbing US unemployment figures

Filed under: Economics, Government, USA — Tags: , — Nicholas @ 06:58

Michael Snyder says the official unemployment rate actually conceals more than it reveals:

According to shocking new numbers that were just released by the Bureau of Labor Statistics [PDF], 20 percent of American families do not have a single person that is working. So when someone tries to tell you that the unemployment rate in the United States is about 7 percent, you should just laugh. One-fifth of the families in the entire country do not have a single member with a job. That is absolutely astonishing. How can a family survive if nobody is making any money? Well, the answer to that question is actually quite easy. There is a reason why government dependence has reached epidemic levels in the United States. Without enough jobs, tens of millions of additional Americans have been forced to reach out to the government for help. At this point, if you can believe it, the number of Americans getting money or benefits from the federal government each month exceeds the number of full-time workers in the private sector by more than 60 million.

[…]

A number that I find much more useful is the employment-population ratio. According to the employment-population ratio, the percentage of working age Americans that actually have a job has been below 59 percent for more than four years in a row…

US Employment-Population Ratio 2002-2014

That means that more than 41 percent of all working age Americans do not have a job.

When people can’t take care of themselves, it becomes necessary for the government to take care of them. And what we have seen in recent years is government dependence soar to unprecedented levels. In fact, welfare spending and entitlement payments now make up 69 percent of the entire federal budget.

April 29, 2014

Allowing freedom of speech also means allowing hate speech

Filed under: Law, Liberty, Media, USA — Tags: , , , , — Nicholas @ 09:24

Greg Lukianoff explains why free speech is so important and why attempts to restrict “hate speech” are toxic to the long term health of a culture or society:

Last month was a bittersweet seventh birthday for Twitter. The Union of Jewish French Students sued the social-media giant for $50 million in a French court in light of anti-Semitic tweets that carried the hashtag #unbonjuif (“a good Jew”). In January, Twitter agreed to delete the tweets, but the student group now wants the identities of the users who sent the anti-Semitic messages so that they can be prosecuted under French law against hate speech. Twitter is resisting. It claims that as an American company protected by the First Amendment, it does not have to aid government efforts to control offensive speech.

Internationally, America is considered radical for protecting speech that is highly offensive. But even in the U.S., Twitter should not be surprised to discover ambivalence and even outright hostility toward its principled aversion to censorship, especially in that once great institution for the open exchange of ideas: American higher education.

“Hate speech” is constitutionally protected in the United States. But the push against “hurtful” and “blasphemous” speech (primarily speech offensive to Islam) is gaining ground throughout the world. Last fall, for example, when many thought a YouTube video that satirized Mohammed caused a spontaneous attack on our consulate in Benghazi, academics across the country rushed to chide America for its expansive protections of speech. And as someone who has spent more than a decade fighting censorship on American college campuses, I run into antagonism toward free speech on a regular basis, most recently last month, when I spoke at Columbia Law School. After my speech, law professor Frederick Schauer criticized his American colleagues for not being more skeptical about the principle of free speech itself.

[…]

No doubt the open, anarchical, epistemological system that was celebrated in the Enlightenment — which Jonathan Rauch dubbed “liberal science” in his classic work on the value of freedom of speech, Kindly Inquisitors — has resulted in a flowering of creative and scientific thought. It has helped reveal what we consider to be objective facts (e.g., the Earth is an oblate spheroid; gravity is a fundamental force). But the free exchange of ideas benefits society not only by unearthing “Big T” truths; more importantly, it continually exposes mundane yet important pieces of information about the world. I will call this “Little t” truth. “Little t” truths include: who disagrees about what and why, what people feel about a particular issue, what events the newspapers think are important to report. The fact that Argo is a movie is truth, whether or not it represents an accurate view of history, as is the fact that some topics of discussion interest no one, while others are radioactive.

Twitter provides a powerful way to view the world. Never before have human beings been able to check the global zeitgeist with such immediacy and on such a massive scale. Its primary service is not to dispense the Platonic ideal of Truth (“the form of beauty = x”), but rather to provide unparalleled access to the peculiar thoughts, ideas, misconceptions, genuine wisdom, fetishes, fads, jokes, obsessions, and problems of a vast sea of people from different cultures, classes, countries, and backgrounds.

In order to be an effective mirror to global society, Twitter thinks of itself primarily as a platform and does its best to get out of the way. Therefore, we know things we simply would not know otherwise — from the trivial to the serious. The people who want to scour mass media and cleanse it of all hateful or hurtful opinions miss that their purge would deny us important knowledge. Simply put, it is far better to know that there are bigots among us than to pretend all is well. As Harvey Silverglate, co-founder of FIRE (the Foundation for Individual Rights in Education, where I serve as president), likes to say, he supports free speech because he thinks it’s important that he know if there’s an anti-Semite in the room so he can make sure not to turn his back to that person.

April 28, 2014

Megan McArdle on The Up Side of Down

Filed under: Books, Business, Economics, Media, USA — Tags: , , — Nicholas @ 00:01

I posted a shorter interview yesterday, and this is a longer presentation Megan McArdle did back in February at Politics & Prose Bookstore in Washington, D.C.:

Published on 15 Feb 2014

Failure, however devastating, is not the end. In fact, as McArdle, a journalist and blogger who has charted the fall and rise of a variety of ventures shows, failure can be just the teacher you need to push you forward to greater success. For those of you who missed her talk at Sixth and, maybe failing to come is the insight you need.

April 27, 2014

Gerrymandering

Filed under: Books, Politics, USA — Tags: , , , , — Nicholas @ 09:49

Former US Supreme Court Justice John Paul Stevens has published a book in which he calls for certain amendments to the constitution, one of which is quite appealing:

1. Requiring that congressional and state legislative districts be “compact and composed of contiguous territory” to stop both parties from carving out safe seats.

US electoral districts can be particularly odd creatures. In a post from 2010, Zombie looks at the “top ten” gerrymandered districts … and they’re hard to believe. Here’s North Carolina-12, number 10 on the list:

This is what most people imagine when they think of a gerrymandered district — what I call “Gerrymander Classic.” NC-12 looks very much like the gerrymandered districts of the 19th century, but taken to extremes. As bad as it is, NC-12 at least looks like a congressional district, with meandering lines, consistent width, and hand-drawn appearance. As we’ll soon see, modern gerrymandering is often another animal altogether, with jarring shapes and artificial boundaries that are not just offensive to the eye but somehow feel like an insult to rationality.

This is what most people imagine when they think of a gerrymandered district — what I call “Gerrymander Classic.” NC-12 looks very much like the gerrymandered districts of the 19th century, but taken to extremes. As bad as it is, NC-12 at least looks like a congressional district, with meandering lines, consistent width, and hand-drawn appearance. As we’ll soon see, modern gerrymandering is often another animal altogether, with jarring shapes and artificial boundaries that are not just offensive to the eye but somehow feel like an insult to rationality.

Coming in at number 5, it’s Illinois-17:

Political scientists love to cite IL-17 as the prototypical gerrymandered district, and you are likely to see IL-17 used as the illustration in many academic treatises about redistricting. And we can see why here. Its shape has often been described as “a rabbit on a skateboard,” though to me it looks more like an embryonic ichneumon wasp with a pancreatic cyst. We saw above how PA-12 was a gerrymandering blunder by the Republicans; IL-17 is the opposite, a gerrymandered district created by Democrats to ensure themselves a seat in western Illinois — but which this year was snatched from their grasp by Tea Party candidate and now congressman-elect Bobby Schilling. Ooops! The Democrats went out on a limb when drawing IL-17 — several limbs, by the looks of it — but the wave election of 2010 changed the electoral landscape. Let me repeat my warning to over-confident redistricters next year: THINGS CHANGE. Gerrymander at your own risk.

Political scientists love to cite IL-17 as the prototypical gerrymandered district, and you are likely to see IL-17 used as the illustration in many academic treatises about redistricting. And we can see why here. Its shape has often been described as “a rabbit on a skateboard,” though to me it looks more like an embryonic ichneumon wasp with a pancreatic cyst. We saw above how PA-12 was a gerrymandering blunder by the Republicans; IL-17 is the opposite, a gerrymandered district created by Democrats to ensure themselves a seat in western Illinois — but which this year was snatched from their grasp by Tea Party candidate and now congressman-elect Bobby Schilling. Ooops! The Democrats went out on a limb when drawing IL-17 — several limbs, by the looks of it — but the wave election of 2010 changed the electoral landscape. Let me repeat my warning to over-confident redistricters next year: THINGS CHANGE. Gerrymander at your own risk.

And finally, the circa 2010 winner of the most gerrymandered district in the United States award, Illinois-4:

Here it is: The most ridiculous congressional district in the entire country. No, you’re not looking at two districts; IL-4 has two absurdly gerrymandered halves held together by a thin strip of land at its western edge that is nothing more than the median strip along Interstate Highway 294. The end result is a gerrymandered gerrymander, a complete mockery of what congressional representation is even supposed to be. As with AZ-2, the intention behind IL-4 was to create an ethnic enclave, in this case an Hispanic-majority district within an otherwise overwhelmingly non-Hispanic Chicago. Problem is, Chicago has two completely distinct and geographically separate Hispanic neighborhoods — one Puerto Rican, the other Mexican — but neither is large enough to constitute a district majority on its own. Solution? Lump all Hispanics together into a supposedly coherent cultural grouping, and then carefully draw a line surrounding every single Hispanic household in Chicago, linking the two distant neighborhoods by means of an uninhabited highway margin. Voila! One Hispanic congressperson, by design. And as a side-effect, the most preposterous congressional district in the United States.

Here it is: The most ridiculous congressional district in the entire country. No, you’re not looking at two districts; IL-4 has two absurdly gerrymandered halves held together by a thin strip of land at its western edge that is nothing more than the median strip along Interstate Highway 294. The end result is a gerrymandered gerrymander, a complete mockery of what congressional representation is even supposed to be. As with AZ-2, the intention behind IL-4 was to create an ethnic enclave, in this case an Hispanic-majority district within an otherwise overwhelmingly non-Hispanic Chicago. Problem is, Chicago has two completely distinct and geographically separate Hispanic neighborhoods — one Puerto Rican, the other Mexican — but neither is large enough to constitute a district majority on its own. Solution? Lump all Hispanics together into a supposedly coherent cultural grouping, and then carefully draw a line surrounding every single Hispanic household in Chicago, linking the two distant neighborhoods by means of an uninhabited highway margin. Voila! One Hispanic congressperson, by design. And as a side-effect, the most preposterous congressional district in the United States.

The kicker? Those ten are at least legal in that they’re contiguous. Zombie goes on to show some even more outrageous examples where that requirement is blatantly ignored.

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