Lousy Time to Be a Moose

The Times reports:

Across North America — in places as far-flung as Montana and British Columbia, New Hampshire and Minnesota — moose populations are in steep decline. And no one is sure why. Twenty years ago, Minnesota had two geographically separate moose populations. One of them has virtually disappeared since the 1990s, declining to fewer than 100 from 4,000. The other population, in northeastern Minnesota, is dropping 25 percent a year and is now fewer than 3,000, down from 8,000. (The moose mortality rate used to be 8 percent to 12 percent a year.)

Many theories, though limited hard evidence … but a common thread: “What exactly has changed remains a mystery. Several factors are clearly at work. But a common thread in most hypotheses is climate change.”


CCA to Idaho: We’re Blowing This Popsicle Stand

CCAPatchThe Associated Press reports that Nashville-based corporate prison behemoth Corrections Corporation of America is pulling out of Idaho after what the AP story calls “more than a decade marked by scandal and lawsuits surrounding its operation of the state’s largest prison.”

A company executive informed the Idaho Department of Corrections in a letter that CCA will not bother to bid on a new contract to run the Idaho Correctional Center located just south of Boise. CCA’s Idaho operation has been plagued by inmate lawsuits alleging that understaffing and all-around bad management have led to violent conditions. Although a settlement was reach in 2011, CCA’s legal troubles in Idaho took a new turn earlier this year when the firm fessed up to falsifying staffing records at the prison, acts that caused Idaho’s taxpayers to pay the company for thousands of hours of time for staff positions that were actually vacant.

The latest bad news for the company — and perhaps the final straw for its Idaho operation — came in mid-September when a federal judge found CCA in contempt for the chronic understaffing problems at the facility. The ruling (pdf) by District Judge David O. Carter reads like quite the CCA smackdown, with the court noting “extensive and ongoing violations of the Settlement Agreement”:

For CCA staff to lie on so basic a point—whether an officer is actually at a post—leaves the Court with serious concerns about compliance in other respects, such as whether every violent incident is reported.

In the letter informing Idaho corrections of the company’s decision not to rebid, CCA Vice President Brad Regens wrote that “we have delivered exceptional value to Idaho’s taxpayers through cost savings, and we’ve also provided outstanding rehabilitation programming to the inmates entrusted in our care.” I guess Regens thought it best not to mention that the Idaho prison they managed came to be known as “gladiator school” on account of the rampant violence there.

CCA is the nation’s largest private prison operator (“a full-service corrections management provider” offering “future-focused, forward-thinking correctional solutions” is how they describe themselves), running more than 60 facilities in 20 states. Make that 19.

A version of this post appears on the Nashville Scene‘s Pith in the Wind blog.


Poll Dancing on Obamacare

marshabI get it: they really hate Obamacare. It’s worse than Stalinism and kidney stones combined. But how do they look themselves in the mirror after spinning such bullshit in print — nonsense that is so readily checked and so easily debunked? That’s what I wondered when I saw Marsha Blackburn’s op-ed in The Tennessean yesterday. In Marshaworld, one look at the polls and it’s clear the thing won’t work and everyone knows it:

It has become very clear that this law is unworkable. A recent CNN poll shows support for the president’s health care law waning, with only 39 percent of Americans now in favor of it, down from 51 percent in January. With the Obama administration’s decisions to delay several parts of the health care law, including the employer mandate, it is clear that even the White House now recognizes what the rest of America already knows: “Obamacare” is a train wreck.

The problem with Blackburn’s position is that while poll results may find that Americans are skeptical about on the Affordable Care Act, the polls also show that Americans want Congress to make it work, not kill it. Yes, the CNN poll she mentions does find only 39 percent of respondents favoring most or all of Obamacare, and a Pew poll completed around the same time (early September) locates approval at just 42 percent, with 53 percent expressing disapproval.

But the Pew poll goes on to ask a crucial question: What should elected officials who oppose the law (that’s you, Marsha) do now? Among the 53 percent in the poll who disapprove of Obamacare, 27 percent say lawmakers should “do what they can to make the law work as well as possible,” while just 23 percent say “do what they can to make the law fail.”

In other words, more than two-thirds of Americans (42% who like the law + 27% who don’t) want to see Congress make Obamacare work. Blackburn writes that “we have seen just how frustrated people are with the impact ACA is having on their lives.” Yes we have, and the answer is “not very.” Asked in the Pew poll how the health care law “has affected you and your family,” a whopping 20 percent said “mostly negative”; the rest were neutral or positive, and just 38 percent think Obamacare has had a negative effect on the country as a whole.

Poll numbers, one can readily concede, do not reveal Obamacare to be wildly popular. Even so, it is nonsense pure and simple to assert as Blackburn does that “the rest of America” sees a train wreck. People may not fully understand health care reform (only 25% told Pew they grasp its impact “very well”), and may be apprehensive about their own health security (hell, who isn’t?). But it is sophistry of the semi-unhinged variety to hold out public opinion as the basis for an argument that the thing is “unworkable.” To the contrary, it’s actually something that most of us want to see work.

A version of this post appears on the Nashville Scene‘s Pith in the Wind blog.


Tennessean Editorial: To Hell with the Constitution and Democracy

underbusOpening with the premise that President Obama “made a mistake” seeking Congressional approval for military action, A remarkable (and not in a good way) editorial on Syria in this morning’s Tennessean urges Congress to give him that approval anyway. The argument along the way essentially throws democracy and the U.S. Constitution under the bus. Let’s deconstruct.

It should be no surprise to anyone that Americans do not want to get involved in a civil war in Syria. Our strategic interest is hard to discern; there seems to be little prospect for an outcome that makes Syria a better place; and we absolutely do not want to see American troops engaged on the ground.

So of course Obama should launch the missiles! Why should the fact that public support for authorization fails by an astonishing 61-26% tally in a new poll matter?

His decision to plead for permission from Congress to do his job has emboldened Assad, who, in an interview with Charlie Rose, threatened that the U.S. would face “every action” from several parties in the region if it launched strikes.

Please. This is not a “plea for permission” from Congress; it is a request for authorization from the branch of government that has responsibility under the Constitution. The editorial seems to be suggesting that a president should ignore the Constitution because an unhinged madman has (shockingly!) issued nebulous threats in a televised interview.

The president’s waffling has exacerbated the risk to the U.S. and its allies and made the world less safe.

So now deferring to constitutional principles is “waffling.” In the Tennessean‘s way of thinking, real leaders ignore the law.

Having thrown Congress an easy pitch, it is understandable that the president’s political opponents should wish to take advantage of his lack of judgment and hand him an embarrassing defeat — especially when their constituents, regardless of political party, want nothing to do with a military response. But Congress should resist the urge and should give the president authority to act.

So Members of Congress should ignore the overwhelming sentiment of their constituents? Yes, elected officials shouldn’t govern exclusively on the basis of public opinion. But on the matter of making war, surely overwhelming public disapproval should carry the day.

Given the tenor and increasing power of our congressional delegation, this is an excellent chance to demonstrate Tennessee’s leadership and willingness to rise above partisan politics when American authority is under attack.

Not sure what “increasing power” they have in mind, and “rise above partisan politics” doesn’t even pass the laugh test. Yes, Sen. Bob Corker has become an influential voice of reason on some key issues, but the rest of the Tennessee delegation has little to show in the way of important committee leadership posts or significant legislative accomplishments. A few of them get a fair amount of talk show action, but as often as not that’s because they have embarrassed us on the national stage.

Whether the president chooses to launch the strikes he had previously planned, or chooses to use the threat of those authorized strikes to force Assad to abide by international sanctions against chemical weapons — a path that Russia has offered — America should not be in a position where we have hobbled our options.

The notion that honoring the Constitution’s separation of powers represents “hobbling our options” is nothing short of a defense of oligarchy. Ignoring the rule of law when it is inconvenient is the hallmark of tyranny. It’s disappointing to see editorialists at the fish wrapper, who alarmed many of us with their lurch to the right endorsing Mitt Romney last year, now dip their toes in the waters of fascism.

A version of this post appears on the Nashville Scene‘s Pith in the Wind blog.


Drunken Moose Alert

One imagines that most journalists make it through an entire career without encountering an opportunity to write the phrase “moose booze-binge.”

DrunkMoose


Required Reading for State House Lawmakers

atfdudeDevoted followers of conservative mayhem at the Tennessee state house will recall one of the finer moments of legislative insanity last winter: a bill aiming to nullify federal firearms legislation by making it illegal for federal agents to enforce those laws in Tennessee. In the wake of an AG opinion that the measure was probably unconstitutional and indications that Gov. Bill Haslam was disinclined to sign the thing, the bill narrowly failed to make it out of committee back in February.

GOP-dominated state houses elsewhere have pushed this gun law nullification thing further along, with Missouri’s in the spotlight this month. That state’s legislature overwhelmingly passed a nullification bill earlier this summer, which Gov. Jay Nixon promptly vetoed. Now the show-me legislature is planning a vote to override the veto when it reconvenes next week. A successful override will require fewer votes than there were in favor the first time around. (And it should be noted that while the bill was largely a GOP effort, it passed with the support of 11 Democrats in the Missouri House and 2 in the Senate.)

So with the Missouri override vote impending, The New York Times runs an op-ed today titled “The Limits of Nullification.” In a state legislature like Tennessee’s, where no failed bad idea isn’t worth bring back for another go, this is a piece that lawmakers need to read for its persuasive case against nullification:

Yes, state legislatures or governors can assert that a federal law offends the Constitution. But as James Madison wrote in his Report of 1800, such declarations are “expressions of opinion” for “exciting reflection. The expositions of the judiciary, on the other hand, are carried into immediate effect.” In assessing constitutionality, our system of governance recognizes one Supreme Court, not 50 individual states. Strangely, if nullification proponents had their way, Chicago’s gun ban, which the Supreme Court invalidated in 2010, might still be in effect.

The Times op-ed is compelling not just for its substance, but also on account of the impeccable Second Amendment-loving credentials of its author: Robert Levy, chairman of the conservative-libertarian Cato Institute and a guy who was plaintiff’s co-counsel in the landmark 2008 Supreme Court case D.C. v. Heller upholding individual gun rights. For any Tennessee lawmaker thinking of trying again on nullification (I’m looking at you, Mae Beavers), Levy’s closing words should change your mind: “I fully support those who see risks in the expansion of federal power, particularly when it comes to intrusions on basic rights like gun ownership. However, to defend those rights, we can’t begin by flouting the very document that inspires that fight in the first place: the Constitution.”

A version of this post appears on the Nashville Scene‘s Pith in the Wind blog.


A Newspaper’s Winning Strategy: Deplete Staff, Dilute Product, Jack Up Price

TennLetter2In a move that truly merits a place of honor in the corporate hallucination hall of fame, the “customer service” wing of The Tennessean dropped me (and presumably all 16 other remaining print subscribers) a line this week informing me that the paper’s utter fabulousness warrants an arresting 26% hike in the subscription price. This big an increase all at once would be irksome on its own given a low-inflation economy and the ever-declining quality of Gannett’s product, but coming as it does on the heels of multiple rounds of newsroom layoffs it’s downright appalling.

Of course, the missive from Customer Service VP Barbara Smith doesn’t bother to mention the old rate or the scope of the increase. The hope, obviously is that we won’t notice its magnitude, nor recall that subscription prices rose big time as recently as mid-2012 when the paper unveiled digital apps and an online paywall. In all, the cost of my seven-day home-delivery subscription in the last 15 months has jumped a whopping 68 percent, from $17.25 in May 2012 to the new rate of $29.00 starting next month.

But it must be worth it, VP Barbara argues, because the daily fish wrapper tells “more local stories that make a difference, protect taxpayers, and touch an emotional chord.” (A 68 percent price hike sure touches an emotional chord.) They “engage readers with timely news information and deliver valuable insights that can’t be found anywhere else.” (Who writes this stuff?) And somehow Ms. Smith finds it in herself to trumpet with a straight typeface the “award-winning tennessean.com site” — a web presence that is widely understood to be badly designed, clumsy in execution, and difficult to navigate. (And don’t get me started on the paper’s abysmal excuse for a smartphone app.) Cities half the size of Nashville have daily papers with better online presence.

Look, we readers get it that the newspaper business is economically dire, and that over the long run, daily dead-tree home delivery is becoming an expensive luxury. Many news organizations are confronting their uncertain future by struggling heroically to maintain the mission and the quality while bracing against the gathering storm. At The Tennessean the approach is a little different: deplete the staff, kill morale, dilute the quality of the product, jack up the prices, and hope nobody notices.

A version of this post appears on the Nashville Scene‘s Pith in the Wind blog.