Archives for the month of: February, 2024
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Reader: Biden’s Economy Is Even Better Than You Think!

By dianeravitch
February 24, 2024 //
46

We have a regular reader named Joel (no last name) who worked for years in a union job in New York. I think he is/was an electrician, but I’m not certain. Nor do I know if he is retired. I do know that he reads economic data with care and knows how to put economic trends into perspective.

Joel wrote in response to a post about the success of Bidenomics, which referred to voters’ concerns about inflation:

The qualifier about inflation is over the top.
According to the Department of Labor Real Median Income is higher than in 2019. The thing about that is that it does not matter what year you pick . It is calculated in 1984 dollars. Simply how much can you purchase with your income today compared to 1984 or in any given year after 1984. So at least 50% can purchase more than they could in 2019 when nobody complained about inflation. Then there is the question of who that 50% is ? Most of the wage gains in the past few years have gone to the bottom 2/5ths of the wage ladder. So presumably those hurt worst by inflation were higher income wage earners who after paying more for eggs and steak still managed to book a trip to Europe or a Disney Cruise in record numbers.

Then there are the poor millennials who can not afford to buy a house! The problem there again home ownership among younger Americans is higher today than it was in 2019. I will help agent 77 a bit with this. The Pandemic and working from home drove a whole bunch of wealthier millennials out of rental apartments in major cities to houses in the burbs making the primary assets of many Boomers a lot higher.

It is well accepted by most economists that “Animal Spirits ” (thank you John Maynard Keynes) drive markets one way or the other. What many economists are not willing to admit is the role of Media in driving those “Animal Spirits .”

Long before Putin invaded Ukraine in 2014 and again in 2022, the media started hyping inflation like it was the late 1970s. Gas in September of 2021 was historically cheap at $3.21 a gallon. It was way higher in 2007-8 and it was was between $3.60 and $3.90 a gallon for 4 whole years from 2011 till 2015. Between increased income and millage the average worker was working far less hours to fill a tank. As Neil Irwin at the NYTimes pointed out. and Yet the Media including the NYTimes managed to find a station a 100 miles off the coast of California (sarcasm)that had gas at $5.99 a gallon. Portraying families as having to choose between baby milk and gas.

Those including Yellen and Krugman who called the spike in prices transitory and due to supply chain issues were absolutely correct. This was not a wage price spiral. Their problem was like most “liberals” they lacked the strength of their convictions and apologized as those supply chains actually started easing.

Meantime bad news sells. Nobody had to convince Republicans (47% of voters) that the Economy was terrible they blamed Biden for the Bad Economy the day he won the Democratic Nomination. However normal Americans whose brains were not yet eaten out by the MAGA virus were convinced that inflation was out of control. Convinced that it was 1981 all over again and this before Putin invaded Ukraine. Which also was also a short lived spike. With inflation starting to ease by June of 2022.

Corporate America took note. If the people expected inflated prices they were going to give it to them. As they laughed all the way to the bank with record profits.

In a complete reversal:

” Strikingly, over half of this increase (53.9%) can be attributed to fatter profit margins, with labor costs contributing less than 8% of this increase. This is not normal. From 1979 to 2019, profits only contributed about 11% to price growth and labor costs over 60%,” EPI.

And now we are told by the Media that Americans are disappointed that prices have not come down. As a reminder for those with short memories.

Or the few here not over 60. Most prices do not come down short of a Depression.

In Sept 1984 when Reagan’s ad declared “Morning in America” :

UNEMPLOYMENT: was 7.3% not 3.7% a pathetic improvement of 0.2% from when he took office in 1981.

INFLATION: was 4.3% not 3.4% as it is today.

The FEDERAL FUNDS Rate was (for those thinking interest rates are high) was 11.30% not 5.33%. Again for those with no memory outside of a few recent recessions a rate not high at all.

If 1984 was morning in America it was a cloudy one at best. Biden has brought a bright sunny day. With some of the most pro worker / working class policies since FDR.

Categories Biden, Economy, Elections, History

Michael Hiltzik: Elon Musk Wants the Courts to Destroy NLRB

By dianeravitch
February 24, 2024 //
11

Michael Hiltzik of the Los Angeles Times reports on Elon Musk’s latest foray into disrupting the lives of other people. He’s suing to destroy the National Labor Relations Board because it is weighing in on his company’s decision to fire some workers.

We are witnessing the accelerated rollback of the New Deal and the past nine decades of progressive reforms.

He writes:

Few business leaders have taken to heart more than Elon Musk the old lawyer’s saw that if you don’t have the facts or the law on your side at trial, pound the table.

Musk has truculently flouted regulatory standards of all varieties as the guiding spirit of companies such as Twitter, Tesla and SpaceX — keeping factories open despite pandemic shutdown orders, allegedly committing securities fraud by issuing misleading tweets about his investment plans and ignoring government safety recommendations for self-driving automotive technologies.

As I’ve reported, Musk has gotten his way with regulators and municipal officials “through bluster and intimidation.”

Now he’s trying what may be his most audacious flip-off to regulators yet:

Faced with an accusation by the National Labor Relations Board that SpaceX improperly fired nine employees in 2022, among other illegal acts, the company, which is controlled by Musk, filed a lawsuit in federal court in Texas to declare the NLRB’s action — indeed, the board itself — unconstitutional.

Now he’s trying what may be his most audacious flip-off to regulators yet:

Faced with an accusation by the National Labor Relations Board that SpaceX improperly fired nine employees in 2022, among other illegal acts, the company, which is controlled by Musk, filed a lawsuit in federal court in Texas to declare the NLRB’s action — indeed, the board itself — unconstitutional.

There’s more to it than that, however. The SpaceX lawsuit takes direct aim at the very enforcement structure of the NLRB, through which appointed administrative law judges weigh unfair labor practice charges laid against employers and recommend penalties to be imposed by the board itself.

The company’s argument is that because the judges are largely immune from being fired other than “for good cause,” their role in enforcement deprives accused parties of their constitutional right to trial by jury.

It also asserts that the board’s power to act as judge and jury in employment cases and the members’ immunity from being removed by the president violates the separation of powers principle in the Constitution. In sum, SpaceX claims that it’s being held “subject to unlawful proceedings before an unconstitutionally structured agency.”

More such claims are in the offing from businesses facing regulatory scrutiny. According to a transcript obtained by Bloomberg, grocery chain Trader Joe’s made the same argument at a Jan. 16 NLRB hearing on charges that it engaged in illegal union-busting by retaliating against unionization advocates among its workers.

What are these companies up to? The SpaceX claims are unusual, but they’re not unique in recent regulatory litigation. Similar claims have been brought against the Securities and Exchange Commission and the Consumer Financial Protection Bureau.

“This is an effort by a group of lawyers who are foes of the administrative state and the New Deal-era legislation that created the NLRB and the SEC to essentially end enforcement of those statutes,” says Catherine Fisk, an employment and labor law authority at UC Berkeley law school.

Unable to challenge the laws themselves — they’ve been upheld by Supreme Court decisions dating back to the 1930s — or the regulations directly, Fisk told me, “they’re arguing that the administrative structure is in some part unconstitutional.”

Before delving into the details of the SpaceX lawsuit, let’s examine the NLRB’s enforcement case. The agency says SpaceX illegally fired the nine workers for circulating an open lettercomplaining about Musk’s “repeated conduct of issuing inappropriate, disparaging, sexually charged comments on Twitter,” which he owns. The silence of SpaceX management about Musk’s conduct, the letter said, allowed a “culture of sexism, harassment and discrimination” to “pervade … the workplace.”

The NLRB filed a formal complaint against SpaceX on Jan. 3, encompassing not only the firings but charges that it illegally interrogated workers and conducted illegal surveillance of their activities. The agency scheduled a hearing on the charges before an administrative law judge for March 5 in Los Angeles.

The very next day, SpaceX filed its lawsuit.

By some measures, SpaceX’s response to the NLRB charges might be interpreted as overkill. Even if it’s found to have committed all the violations, the consequences are meager. The NLRB can’t levy monetary fines.

It can order back pay and reinstatement for workers who have been wrongly discharged, but those wouldn’t make much of a dent in the finances of a company that was reported to have brought in $8 billion in revenue last year from government and commercial contracts.

Moreover, SpaceX hasn’t yet come before an administrative law judge over the NLRB charges, much less having them voted on by the full board. Its lawsuit, then, looks like a shot across the NLRB’s bow. The company asks the trial judge in Texas to block the NLRB’s case against it, declare that the NLRB’s structure is unconstitutional, and permanently prohibit the agency from pursuing unfair labor practice charges via administrative law judges.

That points to the conclusion that this case, and others like it, aim to exploit the veer to the right seen throughout the federal judiciary generally and the Supreme Court in particular.

This variety of attack on regulations went out of fashion in the 1930s, Fisk observes. The Supreme Court, which had overturned a sheaf of New Deal initiatives as well as state minimum wage laws, turned back to the middle in the face of rising public disdain and the court-packing scheme of Franklin Roosevelt.

FDR ultimately abandoned his proposal, but after 1936 the court ceased ruling against the New Deal — upholding the National Labor Relations Act, which created the NLRB, in 1937.

“For 85 years, those arguments weren’t made,” Fisk says, “because lawyers knew that they would get nowhere with them — they might even get sanctioned. The Supreme Court signaled that it was up to Congress to design regulatory structures.”

But today’s Supreme Court isn’t your great-grandfather’s Supreme Court. “The Supreme Court has given lawyers reason to think that they might be able to invalidate part or all of these statutes as being unconstitutional.”

As recently as last week, a majority of justices appeared ready to overturn or at least pare back the so-called Chevron doctrine, the nearly 40-year-old principle that courts should defer to agencies’ interpretations of their governing laws as long as those interpretations aren’t plainly unreasonable.

Overturning the doctrine, as industry litigants urged the court to do during oral arguments Jan. 17, could sap regulatory agencies’ ability to base their rule-making on expert advice.

Although Congress could theoretically overcome any regulatory problems created by an adverse court ruling by amending the laws in question, that’s not a good bet given the profound dysfunction reigning these days on Capitol Hill. The industries will have achieved their goals for years into the future.

That brings us to Musk’s litigation strategy. SpaceX filed its lawsuit against the NLRB not in Southern California, where the company is headquartered, or Washington, D.C., where the NLRB maintains its main office, but in federal court in Brownsville, Texas, a judicial outpost on the Mexican border. This reflects the practice of filing anti-government lawsuits in remote federal courtrooms in Texas, where plaintiffs have a good chance of drawing a right-wing judge.

On the face of it, that tactic may have failed in this case, because the Brownsville court has two judges, one of whom was appointed by Donald Trump and the other by Barack Obama, and the SpaceX case was assigned to Rolando Olvera, who was Obama’s appointee.

SpaceX, however, is playing a longer game. Any appeal from the Texas federal court would go to the extremely conservative U.S. 5th Circuit Court of Appeals, which I’ve described in the past as “the hackiest of hack-ridden federal courts.”

The New Orleans-based appellate court upheld Texas’ malevolent SB 8 antiabortion law in 2022, for example, after which the Supreme Court allowed the law to go into effect.

Last year it partially endorsed a ruling by federal Judge Matthew Kacsmaryk of Texas narrowing access to the abortion drug mifepristone. Kacsmaryk’s ruling was based on a tendentious and long-abandoned reading of an antique 1873 law, but that was enough for the issue to come before the Supreme Court, which has the case on its docket this year.

More to the point, the 5th Circuit has implicitly endorsed the practice of challenging regulations by taking aim at the constitutionality of regulatory agencies. It did so in a case targeting the Consumer Financial Protection Bureau brought by the payday lending industry, which has long been in the CFPB’s crosshairs.

A 5th Circuit panel composed of three Trump-appointed judges ruled the bureau’s funding mechanism unconstitutional; the government appealed that ruling to the Supreme Court, which heard oral arguments on Oct. 3 but hasn’t yet ruled….

The NLRB has called foul on SpaceX’s choice of venue, calling the company’s rationale for filing in Brownsville “less than paper thin.” The allegedly unlawful conduct of SpaceX took place entirely at the company’s headquarters in the Southern California enclave of Hawthorne, and nothing actually happened in Texas. The government has asked Olvera to transfer the case to federal court in Los Angeles, but he hasn’t yet ruled.

Put it all together, and the SpaceX lawsuit bears watching.

As I’ve written before, conservative federal judges, many of them appointed by Trump, have the power to move the country to the far right for decades to come, eroding reproductive health care, eviscerating gun control laws and making life more difficult for ordinary Americans depending on the federal government to protect their rights. Elon Musk, pursuing his own personal interests, is urging them to keep at it.

Categories Billionaires, Democracy, Deregulation, Disruption, Unions

Alexandra Petri: Congratulations! That Cluster of Cells is a child!

By dianeravitch
February 23, 2024 //
38

Alexandra Petri is a humorist for The Washington Post. She wrote today about the crazy decision by the Alabama Supreme Court that a frozen embryo (a fertilized egg) is a child. Destroying the frozen embryo is murder.

She begins:

Having kids is nothing like they tell you it will be! How tiny they are, and how you can hardly see them without a microscope. How you can’t hold them, not even once. How they don’t have anything that could be regarded, even optimistically, as a laugh, or a face. Isn’t being a parent the best? Isn’t it laughably cruel that the Alabama Supreme Court says that this is already a child? That this cluster of hopeful cells that you have been dreaming could become a baby is actually a person already? You would be laughing, if you could stop crying.

What an appallingly cruel thing to say to people already going through so much to have a child, people who were prepared to endure the grueling in vitro fertilization process of treatments and injections and embryo development before their pregnancy could even begin. What a ridiculous thing to say to anyone with a modicum of sense.

Don’t believe the evidence of your senses. Embryos are children. Flour is cake. These acorns are an old-growth forest. This half-baked insulting nonsense of a ruling is justice.

You know what they always say about people: They are invisible to the naked eye and can be stored conveniently in vials in a hospital freezer. They are discernible only to God and the Alabama judiciary. You don’t need to feed them, ever. They don’t need books. They don’t need clean water or fresh air or sunshine — in fact, they couldn’t survive a minute outside the glass dish.

How did the Alabama judges know? God told them.

Trump came out against the Alabama decision, and most Republicans are rapidly backtracking. They say they want motmre children to be born, and IVF is good. Now that Trump has given his blessing to IVF, watch the Republicans pivot. only poor Nikki Haley is left out in the cold, because her snap reaction was to praise the decision.

Categories Alabama, Childhood, Humor, Religion, Science

Arizona: Parent Learns That “School Choice” Means “Schools Choose”

By dianeravitch
February 23, 2024 //
35

Pamela Lang, a journalist and graduate student in Arizona, wrote for The Hechinger Report about her futile search for a school that would enroll her son, who has special needs. Despite Arizona’s budget-busting voucher program, she and he were turned away again and again. It’s time for her to check out her local public school, where her son would get the services he needs and he could not be rejected.

Please read her account.

If you live in Arizona, school choice may be coming to your neighborhood soon. As someone who has had more school choice than I know what to do with, I can tell you what may feel like a shocking surprise: Private schools have the power to choose, not parents.

I live in Phoenix, where the nearby town of Paradise Valley is getting ready to offer the privatization movement’s brand of choice to families. The district has indicated that it will likely vote to close four public schools due to insufficient funds. If this happens, other districts will probably follow: The state’s recent universal voucher expansion has predictably accelerated the diversion of money from public to private schools.

Arizona approved use of school choice vouchers, called Empowerment Scholarship Accounts, or ESAs, in 2011 on the promise that they were strictly for children with special needs who were not being adequately served in the public school system. The amount of funds awarded to qualified students was based on a tiered system, according to type of disability.

Over the years, the state incrementally made more students eligible, until full expansion was finally achieved in 2022. For some students, the amount of voucher money they qualify for is only a few thousand dollars, nowhere near enough to cover tuition at a private school. Often, their parents can’t afford to supplement the balance. However, my son, who is autistic, qualified for enough to cover full tuition.

I took him out of public school in 4th grade. Every school I applied to seemed to have the capability to accommodate his intellectual disability needs but lacked the willingness. Eventually, I found a special education school willing to accept him. It was over an hour from our home, but I hoped for the best. Unfortunately, it ultimately was not a good fit.

I then thought Catholic schools would welcome my son, but none of them did. One Catholic school principal who did admit him quickly rescinded the offer after a teacher objected to having him in her class.

The long list of general, special-ed, Catholic and charter schools that turned my son away indicate how little choice actually exists, despite the marketing of ESA proponents.

There was a two-year period where I gave up and he was home without social opportunities. I was not able to homeschool, so a reading tutor and his iPad became his only access to education.

I then tried to enroll him in private schools for students with disabilities.

These schools were almost always located in former office suites in strip malls with no outdoor access. My son’s current school shares space with a dialysis center in a medical building, while a former school was located in a small second-floor suite in a Target plaza.

Once a private school admits your child, they can rescind admission without cause. Private schools are at leisure to act as virtual dictatorships, and special-ed schools in particular are notorious for keeping parents at a distance…

Education is a human right, and public schools, open to all, are the guardians of this right. What privatizers call choice does not really exist.

Please open the link and read the article in full.

Categories Arizona, Budget Cuts, Charter Schools, Competition, Education Industry, Extremism, Failure, Fraud, Hoax, Parents, School Choice, Special Education, Students, Vouchers

Christian Nationalists Plan to Infuse Their Ideas in a Second Trump Term

By dianeravitch
February 23, 2024 //
17

Christian Nationalists are already preparing for their roles in a second Trump administration. It is ironic that the religious zealots cluster around one of the most non religious figures in American life. I recall an anecdote from the book by Trump’s “fixer”Michael Cohen, when a group of evangelical Christians meets with Trump and lay their hands on him, all together. When the earnest group leaves, Trump laughs with Cohen. They both know that he’s a master con man, and he conned them.

Politico writes:

An influential think tank close to Donald Trump is developing plans to infuse Christian nationalist ideas in his administration should the former president return to power, according to documents obtained by POLITICO.

Spearheading the effort is Russell Vought, who served as Trump’s director of the Office of Management and Budget during his first term and has remained close to him. Vought, who is frequently cited as a potential chief of staff in a second Trump White House, is president of The Center for Renewing America think tank, a leading group in a conservative consortium preparing for a second Trump term.

Christian nationalists in America believe that the country was founded as a Christian nation and that Christian values should be prioritized throughout government and public life. As the country has become less religious and more diverse, Vought has embraced the idea that Christians are under assault and has spoken of policies he might pursue in response.

One document drafted by CRA staff and fellows includes a list of top priorities for CRA in a second Trump term. “Christian nationalism” is one of the bullet points. Others include invoking the Insurrection Act on Day One to quash protests and refusing to spend authorized congressional funds on unwanted projects, a practice banned by lawmakers in the Nixon era.

CRA’s work fits into a broader effort by conservative, MAGA-leaning organizations to influence a future Trump White House. Two people familiar with the plans, who were granted anonymity to discuss internal matters, said that Vought hopes his proximity and regular contact with the former president — he and Trump speak at least once a month, according to one of the people — will elevate Christian nationalism as a focal point in a second Trump term.

The documents obtained by POLITICO do not outline specific Christian nationalist policies. But Vought has promoted a restrictionist immigration agenda, saying a person’s background doesn’t define who can enter the U.S., but rather, citing Biblical teachings, whether that person “accept[ed] Israel’s God, laws and understanding of history.”

Vought has a close affiliation with Christian nationalist William Wolfe, a former Trump administration official who has advocated for overturning same-sex marriage, ending abortion and reducing access to contraceptives.

Vought, who declined to comment, is advising Project 2025, a governing agenda that would usher in one of the most conservative executive branches in modern American history. The effort is made up of a constellation of conservative groups run by Trump allies who’ve constructed a detailed plan to dismantle or overhaul key agencies in a second term. Among other principles, the project’s “Mandate for Leadership” states that “freedom is defined by God, not man.”

Categories Bigotry, Elections, Extremism, Freedom, Freedom of Speech, Freedom of the Press, Freedom to Read, Religion, Separation of church and state, Trump

These Tanks Are Storing Tens of Thousands of Frozen Embryos

By dianeravitch
February 22, 2024 //
28
Nitrogen tanks held tens of thousands of frozen embryos and eggs at a fertility lab in New York. CAROLYN VAN HOUTEN/THE WASHINGTON POST

Do you think that the judges on the Alabama Supreme Court ever saw a storage room in an IVF Clinic that was holding tens of thousands of “extrauterine” children in containers?

The New Republic provided context for the Alabama ruling that frozen embryos are children.

For the first time, a frozen embryo has been recognized by the law as a person with rights. This decision by the Alabama Supreme Court last week is a huge victory for anti-abortion groups, who have long sought to pass fetal personhood laws. This time, by declaring not just a fetus but a fertilized egg in a lab the equivalent of an “unborn child,” the courts have done them one better. If this keeps up, anti-abortion groups may succeed at outlawing both abortion and in vitro fertilization, or IVF.

This case was about whether couples whose embryos have been inadvertently destroyed in a lab can sue for wrongful death. The embryos in question are eggs that have been fertilized outside the uterus and cryopreserved by a fertility clinic for later implantation. The couples’ attorneys cast embryos cryopreserved in liquid nitrogen as “embryonic children” and “human lives.” They seem to have found a receptive audience on the Alabama Supreme Court, with the decision referring multiple times to what the majority called “extrauterine children.”

This case was the culmination of explicit anti-abortion campaigning. The judges based their ruling in part on a recent amendment to the state constitution, enshrining the “rights of unborn children” in law. When voters considered this amendment in a 2018 ballot initiative, the political director of the anti-abortion group Alliance for a Pro-Life Alabama told the Associated Press that the amendment would “position Alabama in the future for public policy decisions on abortion if Roe. v. Wade was overturned.” Indeed, the Christian-right legal advocacy organization that brought the case overturning Roe, Alliance Defending Freedom, celebrated the Alabama Supreme Court’s decision in the IVF case, the group’s senior counsel adding they hoped “that this ruling encourages voters, lawmakers, and courts to recognize that life is a human right, no matter the circumstances.”

The article goes on to explain that the next frontier for the anti-abortion movement is embryo adoption.

Categories Alabama, Health, Science

Steve Ruis: Alabama’s Nutty Supreme Court Invents a New Religious Theory

By dianeravitch
February 22, 2024 //
61

Blogger Steve Ruis pulls apart the theological ruling by the Alabama Supreme Court, holding that frozen embryos are children. The Court invoked religious language to assert that destroying a frozen embryo is murder, and anyone who does that can be sued as if they terminated the life of a child. Frozen embryos are in a freezer, not a womb, but the Justices endow them with the status of a living child.

In Vitro Fertilization clinics across Alabama—and elsewhere—are panicked. Couples use IVF when they can’t conceive; typically, they freeze more than they need because, for whatever reason, some of those embryos fail. One couple I know froze 10 embryos; they now have two beautiful, healthy children. But if the Alabama ruling were commonly endorsed, the other eight frozen embryos could never be destroyed. Long after the parents are dead, long after their grandchildren are dead, the embryos would be preserved. Forever.

Ruis writes:

Just when I thought the SCOTUS was the greatest threat to democracy we faced in our court system, the Supreme Court of the State of Alabama stepped up by deciding that frozen embryos are “extrauterine children.”

According to their Chief Justice, Tom Parker:
“The Alabama constitution’s ‘sanctity of unborn life’ provision, he wrote, ‘encompasses the following: (1) God made every person in His image; (2) each person therefore has a value that far exceeds the ability of human beings to calculate; and (3) human life cannot be wrongfully destroyed without incurring the wrath of a holy God, who views the destruction of His image as an affront to Himself.’”

Apparently the Alabama Supreme Court has not heard of the separation of church and state. And I am surprised that they weren’t singing Monty Python’s song “Every Sperm is Sacred” while issuing their ruling.

This immediately put the brakes on all of the In Vitro Fertilization therapies currently under way. If you are unfamiliar with IVF it is a process where infertile couples can have fertilized embryos implanted in the woman’s uterus. The embryos are frozen awaiting this process and are willingly donated by fertile women.

So, here’s the bind the fertility clinics are in. They cannot go ahead with the IVF treatments because the “success rate is low, that is many embryos do not implant in the uterine wall and are flushed out during a waste cycle. This would be considered a wrongful death under the law and the desperate parents and doctors could all go to jail. So, all of these clinics are to put their frozen embryos on ice, as it were.

But, here is the problem. Those embryos under Alabama law cannot be implanted, so they have to stay frozen . . .in perpetuity. But what happens down there in hurricane country of the electric power is knocked out for a number of days. Without electricity, all of those embryos would thaw and “die.” Would that be considered a mass murder on the part of the clinic or an “act of God,” under their laws.

I know the solution. All of the Bible thumpers need to step up and adopt one of these “extrauterine children,” providing them with an uninterruptable supply of electricity and to take responsibility if they die. Then we will know they are truly “pro life.”

Remaining frozen forever, never to run and play in the park . . . so much for the sanctity of life.

Categories Education Reform

Neuroscientist: We Are Thinking about Memory Loss the Wrong Way

By dianeravitch
February 22, 2024 //
38

Two elderly men are running for President this year. One is 81, the other is 77. Both of them make verbal mistakes, confusing one name for another or mixing up dates. Most of us, regardless of our age, have done the same. We usually call our mistakes “gaffes.”

Being President of the United States is not a television game show; what matters most is not instantaneous recall, but the ability to choose seasoned staff and to make wise decisions. For a President, judgment is what matters most.

Recently, a neuroscientist wrote about memory and aging in the New York Times and tried to clarify the issues. Charan Ranganath is a professor of psychology and neuroscience and director of the Dynamic Memory Lab at the University of California.

Dr. Ranganath wrote:

Special Counsel Robert K. Hur’s report, in which he declined to prosecute President Biden for his handling of classified documents, also included a much-debated assessment of Mr. Biden’s cognitive abilities.

“Mr. Biden would likely present himself to a jury, as he did during our interview with him, as a sympathetic, well-meaning, elderly man with a poor memory.”

As an expert on memory, I can assure you that everyone forgets. In fact, most of the details of our lives — the people we meet, the things we do and the places we go — will inevitably be reduced to memories that capture only a small fraction of those experiences.

It is normal to be more forgetful as you get older. Broadly speaking, memory functions begin to decline in our 30s and continue to fade into old age. However, age in and of itself doesn’t indicate the presence of memory deficits that would affect an individual’s ability to perform in a demanding leadership role. And an apparent memory lapse may or may not be consequential depending on the reasons it occurred.

There is forgetting and there is Forgetting. If you’re over the age of 40, you’ve most likely experienced the frustration of trying to grasp hold of that slippery word hovering on the tip of your tongue. Colloquially, this might be described as ‘forgetting,’ but most memory scientists would call this “retrieval failure,” meaning that the memory is there, but we just can’t pull it up when we need it. On the other hand, Forgetting (with a capital F) is when a memory is seemingly lost or gone altogether. Inattentively conflating the names of the leaders of two countries would fall in the first category, whereas being unable to remember that you had ever met the president of Egypt would fall into the latter.

Over the course of typical aging, we see changes in the functioning of the prefrontal cortex, a brain area that plays a starring role in many of our day-to-day memory successes and failures. These changes mean that, as we get older, we tend to be more distractible and often struggle to pull up the word or name we’re looking for. Remembering events takes longer and it requires more effort, and we can’t catch errors as quickly as we used to. This translates to a lot more forgetting, and a little more Forgetting.

Many of the special counsel’s observations about Mr. Biden’s memory seem to fall in the category of forgetting, meaning that they are more indicative of a problem with finding the right information from memory than actual Forgetting. Calling up the date that an event occurred, like the last year of Mr. Biden’s vice presidency or the year of his son’s death, is a complex measure of memory. Remembering that an event took place is different than being able to put a date on when it happened, the latter of which is more challenging with increased age. The president very likely has many memories of both periods of his life, even though he could not immediately pull up the date in the stressful (and more immediately pressing) context of the Oct. 7 attack on Israel.

Other “memory” issues highlighted in the media are not so much cases of forgetting as they are of difficulties in the articulation of facts and knowledge. For instance, in July 2023, Mr. Biden mistakenly stated in a speech that “we have over 100 people dead,” when he should have said, “over one million.” He has struggled with a stutter since childhood, and research suggests that managing a stutter demands prefrontal resources that would normally enable people to find the right word or at least quickly correct errors after the fact.

Americans are understandably concerned about the advanced age of the two top contenders in the coming presidential election (Mr. Biden is 81 and Donald Trump is 77), although some of these concerns are rooted in cultural stereotypes and fears around aging. The fact is that there is a huge degree of variability in cognitive aging. Age is, on average, associated with decreased memory, but studies that follow up the same person over several years have shown that, although some older adults show precipitous declines over time, other “super-agers” remain as sharp as ever.

Mr. Biden is the same age as Harrison Ford, Paul McCartney and Martin Scorsese. He’s also a bit younger than Jane Fonda (86) and a lot younger than Berkshire Hathaway CEO Warren Buffett (93). All these individuals are considered to be at the top of their professions, and yet I would not be surprised if they are more forgetful and absent-minded than when they were younger. In other words, an individual’s age does not say anything definitive about their cognitive status or where it will head in the near future.

I can’t speak to the cognitive status of any of the presidential candidates, but I can say that, rather than focusing on candidates’ ages per se, we should consider whether they have the capabilities to do the job. Public perception of a person’s cognitive state is often determined by superficial factors, such as physical presence, confidence, and verbal fluency, but these aren’t necessarily relevant to one’s capacity to make consequential decisions about the fate of this country. Memory is surely relevant, but other characteristics, such as knowledge of the relevant facts and emotion regulation — both of which are relatively preserved and might even improve with age — are likely to be of equal or greater importance.

Ultimately, we are due for a national conversation about what we should expect in terms of the cognitive and emotional health of our leaders.

And that should be informed by science, not politics

Categories Biden, Elections, Science, Trump

Will Your Child’s Private Data Be Sold by the College Board?

By dianeravitch
February 22, 2024 //
11

In at least 20 states, the College Board collects and sells student data, despite state law forbidding it.

New York was one of those states, but activist parents led a years-long campaign to block the practice.

Recently, State Attorney General Letitia James won a judgment against the College Board for $750,000, and it agreed to stop monetizing student data in New York.

What happens in your state? Does your state protect the privacy of student data? Does it enforce the law?

Read Leonie Haimson’s account of how parents in New York pushed back and finally won. She includes a list of other states that protect student privacy.

She writes:

For decades, the College Board has been selling student names, addresses, test scores, and whatever other personal information that students have provided them,  when they sign up for a College Board account and the Student Search program. According to the AG press release, in 2019 alone, the College Board improperly shared the information of more than 237,000 New York students.  Since New York’s student privacy law, Education §2-d, calls for a fine of up to $10 per student, the penalty for selling student data during that one year alone could have equaled more than $2 million.

And yet for years, on their website and elsewhere, the College Board has also  falsely claimed they weren’t selling student data.  Instead they called  it “licensing” data, a distinction without a difference.  For years, they also claimed that they never sold student scores, though that was false as well, as they do sell student scores within a range.

The College Board urges millions of students to sign up for their Student Search program, with all sorts of unfounded and deceptive claims, including that it will help them get into better schools or receive scholarships.  The reality is that their personal data is sold to over 1,000 colleges, programs and other companies – the names of which they refuse to disclose — who use it for marketing purposes and may even resell it to even less reputable businesses.

Is your state one of them? Is the law enforced?

Categories Accountability, Data and Data Mining, Education Industry, Ethics, For-Profit, Justice, New York, Parent Groups, Privacy and Privacy Rights

Heather Cox Richardson: The Putin Wing of the GOP

By dianeravitch
February 21, 2024 //
29

Heather Cox Richardson writes about the ascendancy of “the Putin wing of the Republican Party.” It’s headed, of course, by Donald Trump, who remains deferential to Putin. He continued to compare himself to Navalny, who was murdered by Putin, since he thinks of his trials as akin to Navalny’s experience.

Aid to Ukraine is stalled in the House of Representatives, where Marjorie Taylor Greene leads the opposition.

Richardson writes:

Both global and national affairs appeared to shift over the holiday weekend. Events of the past week or so highlighted the global stakes of not stopping the aggression of Russia’s president Vladimir Putin. In turn, those global stakes highlighted that Trump’s MAGA Republicans are strengthening Putin’s hand. 

Since October, MAGA Republicans have managed to delay a national security supplemental bill that would provide additional aid to Ukraine. Although a bipartisan majority of Congress supports the measure, House speaker Mike Johnson (R-LA) recessed the House on Thursday without taking it up, just days after former president Trump attacked the North Atlantic Treaty Organization (NATO) and suggested he would urge Russia to “do whatever the hell they want” to U.S. allies if they didn’t meet a guideline of spending 2% of their gross domestic product on their own military forces. 

On Friday, February 16, Russian authorities murdered opposition leader Alexei Navalny in prison, where he was being held on trumped-up charges, and on Saturday, Russian forces advanced into the front-line city of Avdiivka. 

The Munich Security Conference, the world’s largest gathering on international security policy, met this year in the midst of these events, from Friday, February 16, to Sunday, February 18. At Saturday’s lunch, Prime Minister Mette Frederiksen of Denmark made a surprise announcement. Denmark, she said, will donate all its artillery to Ukraine. She suggested other countries, too, could do more than they already have.

According to Jack Detsch and Robbie Gramer of Foreign Policy, Frederiksen’s announcement “left attendees grappling with some existential questions: Are they prepared not just to help Ukraine but also to defend Europe from a possible Russian attack on a NATO country? Are democracies capable of standing up against the threat of territory-grabbing dictatorships like Russian President Vladimir Putin’s?”

Sweden today announced it will donate about $682 million in equipment and cash to Ukraine, its 15th aid package to Ukraine since the 2022 Russian invasion. The European Union today announced it is committing 83 million euros, or about $89 million, in humanitarian aid for those in Ukraine and Moldova affected by the war. Three weeks ago it approved $54 billion in military aid.

There is increasing pressure, as well, to transfer Russia’s frozen assets to Ukraine. On Saturday, February 17, the U.S. Justice Department, which is in charge of a task force called “KleptoCapture,” transferred $500,000 in forfeited Russian funds to Estonia for fixing Ukraine’s electrical transmission and distribution systems. Biden promised more sanctions against Russia on Friday and has again called for House Republicans to pass the national security supplemental bill. 

Indeed, the real elephant in the room is the fact that MAGA Republicans in the House are refusing to commit more U.S. aid. The Institute for the Study of War, a nonprofit research organization, assessed on Sunday that “delays in Western security assistance to Ukraine are likely helping Russia launch…offensive operations along several sectors of the frontline in order to place pressure on Ukrainian forces along multiple axes.” 

MAGA Republicans are refusing that aid although it is popular both in Congress and among Americans at large. A Pew study released Friday, before news of Navalny’s murder broke, showed that 74% of Americans believe the war in Ukraine is important to U.S. interests; 59% say it’s important to them personally. 

House speaker Johnson condemned Putin as “a vicious dictator” over the weekend and said he was “likely directly responsible” for Navalny’s death. But on Monday he posted to Twitter a photograph of him standing alongside Trump, apparently at Trump’s West Palm Beach golf club, flashing a smile and a thumbs-up sign. Representative Marjorie Taylor Greene (R-GA) has vowed to try to throw Johnson out of the speaker’s chair if he even brings Ukraine funding to the floor. Trump himself referred to Navalny’s murder on Sunday simply by calling it a “sudden death” before launching into an attack on the United States.

On Sunday, former representative Liz Cheney (R-WY) came out and said it: the Republican Party has a “Putin wing.” She said: “The issue of this election cycle is making sure the Putin wing of the Republican Party does not take over the West Wing of the White House.” Conservative pundit Bill Kristol agreed, in italics: “The likely nominee of one of our two major political parties is pro–Vladimir Putin.This is an astonishing fact. It is an appalling fact. It has to be a central fact of the 2024 campaign.”

Russian authorities have cracked down on those expressing sorrow for the death of opposition leader Alexei Navalny and are refusing to hand over his body to his mother and lawyer, who flew to the penal colony north of the Arctic Circle to reclaim it, saying they need to keep the body for “chemical analysis.”

Meanwhile, a Russian who defected to Ukraine last year has been killed in Spain, and Russian authorities have arrested for “treason” a dual Russia-U.S. citizen who lives in Los Angeles as she traveled in Russia after having participated in pro-Ukraine rallies.

Putin is facing an election next month, and he may have intended the murder of Navalny to frighten other opponents and intimidate Russian voters. But it is possible it had the opposite effect. 

Yesterday, Navalny’s widow, Yulia Navalnaya, stepped into his place, saying: “Putin didn’t only kill Alexei Navalny as a person. He wanted to kill our hope, our freedom, our future. But the most important thing we can do for Alexei and for ourselves is to go on fighting. I will continue Alexei Navalny’s work. Continue to fight for our country. I call on you to stand alongside me. To share not only the grief and unending pain that has enveloped us and won’t let go. I also ask you to share the fury and hate for those who dared to kill our future. I speak to you in the words of Alexei, in which I believe truly: There is no shame in doing little. There is shame in doing nothing. In allowing them to scare you…. By killing Alexei, Putin has killed half of me. Half of my heart and my soul. But I have another half and it tells me that I don’t have the right to give in.”

Today she urged the European Union not to recognize the results of Russia’s March election, saying that “a president who assassinated his main political opponent cannot be legitimate by definition.”  

In the U.S., there has not been any apparent move from House Republicans to come back into session to approve the national security package. Indeed, Trump appears to be strengthening his hand over the mechanics of the Republican Party, with the state parties he salted with loyalists lining up behind him, supporters in Congress killing legislation at his demand, and lawmakers who are interested in actually making laws exiting Congress out of fear or frustration. 

But the apparent support of MAGA Republicans for Putin is unlikely to play well in the U.S. Today, Republican candidate for president Nikki Haley, former governor of South Carolina, tricked the Fox News Channel into covering live what she said was a major speech, likely leading producers to think she was withdrawing. Rather than doing so, she came out swinging with an attack on Trump. 

Aaron Rupar of Public Notice recorded her comments, spoken with the backdrop of the past week in everyone’s mind. Americans “deserve a real choice,” she said, “not a Soviet-style election where there’s only one candidate and he gets 99 percent of the vote.”

Categories Accountability, Corruption, Cruelty, Democracy, Elections, Evil, Extremism, Fascism, International, Republicans, Trump
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