Archives for category: Unions

Veteran teacher Nancy Flanagan explores the question of who is trying to destroy our public schools. She nails some of the loudest critics, who have personally benefitted from public schools. She doesn’t explore why they are trying to annihilate the schools that educated them, but that may because we know what the privatization movement has to offer: money. There is a gravy train overloaded with munificent gifts from Betsy DeVos, the Waltons, Charles Koch, Michael Bloomberg, and a boatload of other billionaires. They can endlessly underwrite anti-public school organizations that offer well-paid jobs.

On the pro-public education side, it’s hard to find big spenders or highly compensated jobs. The two big unions have resources, all of which come from the dues of their members. They do not have the funds to support the numerous grassroots groups that are found in every state. Most, if not all of the state and local groups, operate on a shoestring; typically, their employees are volunteers. They do not have six-figure jobs for someone who tweets and writes statements. No one who works for a state “Save Our Schools” group makes big money.

The Network for Public Education is the biggest pro-public education groups; it has 350,000 people who have signed up to support it, but there is no membership fee. NPE has one full-time employee and a few part-timers.

So, Nancy Flanagan asks, just who is trashing public schools?

She writes:

Get ready for a big dump–a deliberately chosen word–of anti-public education blah-blah over the next five months. It’s about all the right wing’s got, for one thing–and it’s one of those issues that everybody has an opinion on, whether they went to public school. have children in public schools, or neither.

Public education is so big and so variable that there’s always something to get exercised over. There’s always one teacher who made your child miserable, one assigned book that raises hackles, one policy that feels flat-out wrongheaded. There’s also someone, somewhere, who admires that teacher, feels that book is a classic and stoutly defends whatever it is—Getting rid of recess? The faux science of phonics? Sex education that promotes abstinence? —that someone else finds ridiculous or reprehensible.

Not to mention—teaching is the largest profession in the country, So many teachersso many public schools, so much opportunity to find fault.

In other words, public education is the low-hanging fruit of political calculation. Always has been, in fact.

A few years back, when folks were going gaga over Hillbilly Elegy, seeing it as the true story of how one could rise above one’s station (speaking of blahblah)—the main thing that irritated me about ol’ J.D. Vance was his nastiness about public education. Vance has since parlayed a best-seller that appealed to those who think a degree from Yale equates to arriving at the top, into a political career—and putting the screws to affirmative action, in case anyone of color tries to enjoy the same leg-up he did.

J.D. Vance’s education—K-12, the military, Ohio State—was entirely in public institutions until he got into Yale Law School. He doesn’t have anything good to say about public ed, but it was free and available to him, a kid from the wrong side of the tracks. When I read Rick Hess’s nauseating interview with Corey DeAngelis in Education Week, I had a flashback to ol’ J.D., intimating that he achieved success entirely on his own, without help from that first grade teacher who taught him how to read and play nice with others.

DeAngelis says:

I went to government schools my entire K–12 education in San Antonio, Texas. However, I attended a magnet high school, which was a great opportunity. Other families should have education options as well, and those options shouldn’t be limited to schools run by the government. Education funding should follow students to the public, private, charter, or home school that best meets their needs. I later researched the effects of school choice initiatives during my Ph.D. in education policy at the University of Arkansas’ Department of Education Reform.

So—just to clarify—Corey DeAngelis went to public schools K-12, for his BA and MA degrees (University of Texas), as well as a stint in a PUBLICLY FUNDED program at the notoriously right-focused University of Arkansas. That’s approximately 22 years, give or take, of public education, the nation-building institution DeAngelis now openly seeks to destroy.

I’m not going to provide quotes from the EdWeek piece, because anyone reading this already knows the hyperbolic, insulting gist—lazy, dumb, unions, low bar, failing, yada yada. He takes particular aim at the unions—although it absolutely wasn’t the unions—shutting down schools during a global pandemic. He paints schools’ turn-on-a-dime efforts to hold classes on Zoom as an opportunity for clueless parents to see, first-hand, evidence of how bad instruction is. He never mentions, of course, the teachers, students and school staff who died from COVID exposure.

Enough of duplicitous public school critics. My point is this:

The people who trash public education—not a particular school, classroom or curricular issue, but the general idea of government-sponsored opportunity to learn how to be a good, productive American citizen—have a very specific, disruptive ax to grind:

I got what I needed. I don’t really care about anybody else.

This goes for your local Militant Moms 4 Whatever on a Mission, out there complaining about books and school playsand songs and health class. It’s not about parents’ “rights.” It’s about control. And never about the other families and kids, who may have very different values and needs.

It’s about taking the ‘public’ out of public education. And it’s 100% politically driven.

OPEN THE LINK TO FINISH READING THE ARTICLE!

Thom Hartmann is releasing his new book The Hidden History of Monopolies on his blog, one chapter at a time. This one is fascinating. Big business has always opposed labor unions. They drive up wages, meaning less profits.

Thom explains:

When people consider monopolies, or even highly concentrated markets like airlines or pharmaceuticals, generally the only thing they think of is the ability of companies in concentrated markets to set prices wherever they’d like. But there are fully three primary benefits to monopoly or oligopoly, from the monopolists’ point of view.

In addition to setting prices by restricting competition, monopolies can (and typically do) drive down wages so that they end up with a steady supply of cheap labor, and—both by market (selling) control and labor market (workers) control—they send vastly more money flowing to stockholders and senior management than can companies in truly competitive marketplaces.

At its core, though, virtually every aspect of the movement that embraced monopoly (Bork actually wrote about all the “lost” inventions, innovations, and profits that were caused by a lack of monopoly!) boiled down to cheap labor. 

Joe Lyles, writing as Conceptual Guerilla, put up a brilliant analysis of this more than a decade ago titled “Defeat the Right in Three Minutes,” suggesting that quite literally everything we call “conservative” was really about driving down wages. While racial hatred and misogyny also play big roles these days in the “conservative” movement, there’s still a lot of truth to Lyles’s analysis.50

Cheap-labor conservatives don’t want a national health care system, because they want workers to be dependent on their employers and thus willing to accept lower wages.

Cheap-labor conservatives hate the minimum wage and unions because both support wage floors and, over time, raise wages for working people.

Cheap-labor conservatives want women relatively powerless (particularly over their own reproductive functions) so that, as in the era before the 1970s, they’ll work for far less than today’s $.78 to a man’s dollar.

Cheap-labor conservatives go on and on about, as Lyles notes, “morality, virtue, respect for authority, hard work and other ‘values’” so that when workers can’t climb the ladder, society will blame it on the individuals instead of a system rigged to maintain cheap labor.

Cheap-labor conservatives encourage bigotry, fear, and hatred to prevent working people from seeing their commonality of human and economic interests, regardless of race, gender identity, or the urban/rural divide.

America has a long history with the cheap-labor crowd: slavery was the ultimate expression of this “conservative” value system, and under the 13th Amendment, it continues to be legally practiced in the United States in our for-profit prison systems.

The 13th Amendment didn’t actually end slavery in the United States; it merely turned it over to prisons, be they state-run or for-profit corporations. It reads: “Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States.” As a result, the pressure on Congress and state legislatures from for-profit prison corporations to increase criminal penalties to give them more literal slave labor has exploded.

Cheap-labor conservatives, it turns out, are also huge fans of monopoly and oligopoly, in large part because these systems keep wages low. 

There’s a marketplace for labor, just like for everything else, and when a small number of corporations control a large number of employment venues, they can simply keep wages low through that market power. Check out the pay of fast-food workers or flight attendants or nurses back in the 1960s compared with today; every industry that concentrates or consolidates sees wages go down….

Please open the link to finish reading.

One reason that big charter donors fund charter schools is to break the teachers’ union, whether it’s AFT or NEA. Big business has opposed labor unions since they were first organized. 90% of charters have no union affiliation, and the Waltons and DeVos-funders want to keep it that way. A few days ago, a charter school in D.C. voted to unionize. Why? Because the teachers think they need a union to bargain with the charter leadership and make sure they get due process, health benefits and a pension. They want what only unions can get.

For Immediate Release
May 2, 2024

Contact:
Kelley Ukhun
513/578-2646
kukhun@dcacts1927.com

Capital City Public Charter School in D.C. Votes for a Voice on the Job

All 200 Teachers and Other School Staff Will Be Members of 

DC Alliance of Charter Teachers and Staff, DC ACTS, AFT

WASHINGTON—Teachers and all other school staff at Capital City Public Charter School in Washington, D.C., voted tonight to unionize, joining the membership of the District of Columbia Alliance of Charter Teachers and Staff, DC ACTS, an affiliate of the AFT.

Capital City Public Charter School has 200 employees, including teachers, instructional assistants, counselors, librarians, secretarial staff and custodians, all of whom will be represented by DC ACTS. The school educates 1,000 pre-K through 12th-grade students. DC ACTS also represents all employees at both Mundo Verde Public Charter School campuses in D.C.

“Capital City educators and other employees want to have a voice when the school makes decisions about the education of their students. They are the folks who are in the classrooms every day and who work the closest with the kids and know best what’s needed for them to thrive and excel. Only through a union can this be accomplished,” said DC ACTS Acting President Kelley Ukhun, adding that she hopes to be able to negotiate a first contract in the coming months.

Besides having a voice in decisions made about their school, Capital City employees said they want to end a “right to work”-contingent atmosphere in which every staff member was subject to annual contract renewal, making it increasingly difficult to recruit and retain staff given the precarity. Educators and staff also indicated a collective desire for better retirement benefits, a more progressive and transparent discipline procedure (including a grievance and arbitration system) and a duty-free lunch period.

Guadalupe Campos, a Capital City high school Spanish teacher, strongly supports the union.

“I believe that all workers, regardless of rank or position, deserve the opportunity to participate in decisions that affect students, our families and ourselves. United, we can create a healthy, equitable and sustainable environment for all,” she said.

Kate Lenegan, an after-school teacher, said: “I support this union because our staff is what makes Capital City great, and our students deserve the best from us.”

AFT President Randi Weingarten said this labor victory reflects a growing trend of workers organizing across the country, growing the labor movement so that we can be a force that improves the lives of workers, their families and their communities.

“Whether it’s at a traditional public school or college, or whether it’s at a charter school or any other workplace, working people are seeing the value of a union as a vehicle to access a better life for themselves, their families, and the communities they serve,” Weingarten said. “That’s why the AFT has seen unprecedented organizing growth, organizing 146 new units across multiple sectors, including education, higher education, healthcare and public service since our last convention in July 2022.

Charter school educators see this, Weingarten said. The AFT represents about 7,500 educators and school staff across the country at more than 250 charter schools. More than 1,000 teachers and staff at more than 15 charter schools have organized with the AFT just since the start of the 2022-23 school year, and hundreds of those have already won strong first contracts at their schools. 

“Union membership can be transformative in the life of any working person. I am so glad the educators of Capital City have elected to join us. We are so happy to welcome them. We want working folks everywhere to know: The AFT is the home of the people who make a difference in other people’s lives. We fight for real solutions that make our workplaces and our communities safer, stronger, and more democratic, and we show up when it counts. Together, we can win the future,” Weingarten said.

The Washington Teachers’ Union, which represents educators at District of Columbia Public Schools, applauded the Capital City employees’ vote.

“All staff, whether in regular public schools or charter schools in the private sector, deserve the rights and respect afforded to them through union membership. We are all stronger together, and the WTU looks forward to working in partnership with DC ACTS as it grows with this exciting win at Capital City,” said WTU President Jacqueline Pogue Lyons.

Tim Slekar is a fearless warrior for public schools, teachers, and students. I will be talking to him about Slaying Goliath and the struggle to protect public schools from the depredations of billionaires and zealots.

This Thursday on Civic Media: Dive Back into “Slaying Goliath” with Diane Ravitch

Grab your pencils—BustEDpencils is gearing up for a no-holds-barred revival of Diane Ravitch’s game-changing book, *Slaying Goliath*, live this Thursday on Civic Media. 

Launched into a world on the brink of a pandemic, *Slaying Goliath* hit the shelves with a mission: to arm the defenders of public education against the Goliaths of privatization. But then, COVID-19 overshadowed everything. Despite that, the battles Diane described haven’t paused—they’ve intensified. And this Thursday, we’re bringing these crucial discussions back to the forefront with Diane herself.

This Thursday at 7pm EST on BustEDpencils, we’re not just revisiting a book; we’re reigniting a movement. Diane will dissect the current threats to public education and highlight how *Slaying Goliath* still maps the path to victory for our schools. This isn’t just about reflection—it’s about action.

**It’s time to get real. It’s time to get loud. It’s time to tune in this Thursday at 7 PM EST on Civic Media.**

If you believe that without a robust public education system our democracy is in jeopardy, then join us. Listen in, call in (855-752-4842), and let’s get fired up. We’ve got a fight to win, and Diane Ravitch is leading the charge.

Mark your calendars and fire up Civic Media this Thursday at 7pm Central. 

Forgive me for posting two reviews of my last book, which was published on January 20, 2020.

As I explained in the previous post, I did not see either of these reviews until long after they appeared in print. Slaying Goliath appeared just as COVID was beginning to make its mark, only a few weeks before it was recognized as a global pandemic. In writing the book, I wanted to celebrate the individuals and groups that demonstrated bravery in standing up to the powerful, richly endowed forces that were determined to privatize their public schools through charters or vouchers.

America’s public schools had educated generations of young people who created the most powerful, most culturally creative, most dynamic nation on earth. Yet there arose a cabal of billionaires and their functionaries who were determined to destroy public schools and turn them into privately-managed schools and to turn their funding over to private and religious schools.

Having worked for many years inside the conservative movement, I knew what was happening. I saw where the money was coming from, and I knew that politicians had been won over (bought) by campaign contributions.

Publishing a book at the same time as a global pandemic terrifies the world and endangers millions of people is bad timing, for sure.

But the most hurtful blow to me and the book was a mean-spirited review in The New York Times Book Review. The NYTBR is unquestionably the most important review that a book is likely to get. Its readership is huge. A bad review is a death knell. That’s the review I got. The reviewer, not an educator or education journalist, hated the book. Hated it. I found her review hard to read because she seemed to reviewing a different book.

I was completely unaware that Bob Shepherd reviewed the review. I didn’t see it until two or three years after it appeared. He wrote what I felt, but I, as the author, knew that it was very bad form to complain, and I did not.

So I happily post Bob Shepherd’s review of the review here.

Howard Blume of the Los Angeles Times writes about union complaints that arts funding approved by voters is being misused.

Blume writes:

Powerful unions have joined forces with former Los Angeles schools Supt. Austin Beutner to call for state intervention to stop what they allege is the misuse of voter-approved funding to expand arts education in California.


In a letter to Gov. Gavin Newsom and other state officials, Beutner and the unions claim that some school districts are taking funding, approved by voters in November 2022 to expand arts education, and are using it for other purposes. This year that funding totals $938 million.


The unions that signed the letter are California Teachers Assn., the largest state teachers union, and CFT, the other major statewide teachers union. Also signing the letter are the largest unions in the L.A. Unified School District: Local 99 of Service Employees International Union, which represents the greatest number of non-teaching school employees, and United Teachers Los Angeles, the second-largest teachers union local in the nation. Other unions include Teamsters Local 572, which also represents L.A. school district workers, and the teachers union for Oakland Unified.


“Some school districts in California are willfully violating the law by using the new funds provided by Prop. 28 to replace existing spending for arts education at schools,” the letter states.

Under the new law, the money must be used by schools to increase arts programs and each school can decide how best to add on to their programs. The arts windfall is drawn from the state’s general fund — at an amount equal to 1% of all money spent on schools serving students in transitional kindergarten through 12th grade. Thus the money is ongoing and will generally increase each year.

The letter lists no specific examples and does not name districts that are suspected by unions of being in violation of the law. Beutner said there is concern that whistleblowers could become targets for retaliation.


The unions and Beutner are calling on the state to require that districts certify within 30 days “that Prop. 28 funds have not been used to supplant any existing spending for arts education at any school.” In addition, the signatories want the state to require school districts to list “additional arts and music teachers” employed by each school district in the current school year and “how that compares” to the prior year.

Joel, our reader who often comments on economic issues, is a union electrician, now retired. Here he weighs in on the subject of “good jobs.”

Joel writes:

Most of what Americans call good Jobs never existed. What existed was good Unions which made bad Jobs good. And that only for a brief period of time. From the 1930s thru the 1960s.

In 1906 Upton Sinclair described Meat Packing as “The Jungle.” By the 50s it was a desired job that could let the holder buy a house, go on vacations and send a child to a State School. The blood and stench washed off in the shower after 8 hours. Henry Ford was not a benevolent innovative mogul of American industry who paid his workers more so they could buy his product as the myth goes. The Nazi loving antisemite could not get skilled carriage builders to work on the monotonous assembly lines of his Model T. He had to raise wages.


The assembly line took the skills out of manufacturing. Far easier and cheaper to find a worker able to put the left front wheel on all day than one who can craft a carriage from soup to nuts. Ford after the most violent resistance to Unions was the last Auto maker to be Organized in the 40s after his thugs got featured on the front page of the Detroit Press brutally beating Union organizers. They seem to have missed a roll of film when the Press Photographer handed them his Camera. Having thrown the roll away before being stopped.

Unions grew from 5% of the private sector workforce in the mid to late 1920s before the Great Depression and the NLRA. Grown to between 31 -33% in the early 50s. Which essentially meant most larger firms. And if a firm was not organized there was a Union knocking on the door that forced them to treat Workers with some degree of respect. With better wages benefits and conditions. All this started changing in the late 40s after Taft Hartley eviscerated the NLRA. Almost immediately Corporations started moving Manufacturing to the Anti Union South. Turning the manufacturing Belt of the North into the Rust Belt from Lowell Ma. and Binghamton NY to Milwaukee Wisconsin. A time when Robbie the Robot was only in a Movie and on Lost in Space. That long before Foriegn Competition and out sourcing work. It took 30 years to move the American manufacturing Industry away from the North to the Non Union South. It took 10 years to move much of it out of the country to even lower priced more abusive Countries with no Labor Standards. A different issue was found in Coal mining where strip mining decimated the Unions. Of course the UMW under short sighted and criminal thugs like Tony Boyle had fought the environmentalists opposed to it. No major mine in WV is now Union. The state once the home of the UMW is now Right to Work.

But what about those “White Collar ” Jobs. Jobs that may require a College degree. C.W. Mills in the very early 50s postulated that because the Jobs required selling services and themselves. White collar workers felt more self reliant than Blue. Viewed themselves as individuals with valuable skills that others did not posses. Skills to be marketed to the highest bidder. So who needs a Union. With some disdain he also notes that, that ethos got them lower pay and benefits. An Electrical Engineer often paid less than the Electricians he handed the prints to. Possibly one day acquiring a management position. Most often not.

Through the 60s the presence of strong Unions always knocking on the door was a check on Corporate treatment of White Collar workers. The attitude from the CEO of IBM as he addressed the Public or a Shareholder meeting . “Here at IBM we are a family here to serve our Employees, our Costumers , the Public and our Shareholders.”

As Unions were eviscerated workers Blue and White collar were taken out of the stump speech as well as Costumers and the Public. Jack Welch said in the mid 80s “tell the Unions the Future of GE is in Mexico”. By 2006 IBM was dropping their defined benefit pension for White collar Workers and later taking away the matching 401k, capping it at 5%. The age of shareholder primacy was born as Unions disappeared. Back to under 6% of the private sector workforce.

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.

The latest jobs report was released a few days ago, and economists were astonished. The economy added 353,000 jobs in the past month, and unemployment remained low at 3.7%. This should be good news for Biden, But consumers are still concerned about inflation, which hits them in their pocketbook.

President Biden came into office in the midst of a global pandemic. Supply chains were disrupted, and prices were soaring in response. After the chaos of the Trump years, Biden set about hiring seasoned Cabinet officers and a strong economic team. Although the experts predicted that the instability of the COVID years would be followed by a deep recession, that’s not what happened. Throughout Biden’s term, unemployment remained low; the stock market reached historic records; manufacturing revived; and the U.S. economy outperformed nations in Europe and Asia. Yet public opinion polls showed a different picture: Consumers knew that the price of gasoline and grocery store staples went up and didn’t go down. Biden got no credit for the healthy economy because of the price of eggs, cereal, and other staples.

The Economist magazine reviewed the situation and wrote about Biden as an “Octogenarian Radical.”

Joe Biden’s opponents focus on his age as something that makes him doddering, confused and ultimately unfit for office. So the great paradox of the 81-year-old’s first term is that he has presided over perhaps the most energetic American government in nearly half a century. He unleashed a surge in spending that briefly slashed the childhood poverty rate in half. He breathed life into a beleaguered union movement. And he produced an industrial policy that aims to reshape the American economy.

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There is plenty to debate about the merits of all of this. A steep rise in federal spending has aggravated the country’s worrying fiscal trajectory. Subsidies for companies to invest in America have angered allies and may yet end up going to waste. But there is no denying that many of these policies are already having an impact. Just look at the boom in factory construction: even accounting for inflation, investment in manufacturing facilities has more than doubled under Mr Biden, soaring to its highest on record.

What would he do in a second term? Mr Biden’s re-election motto—“we can finish the job”—sounds more like a home contractor’s pledge than the rhetoric of a political firebrand. Yet to hear it from the president’s current and former advisers, Bidenomics amounts to little short of an economic revolution for America. It would be a revolution shaped by faith in government and a mistrust of markets.

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Five elements stand out. The first is a desire to boost workers, mostly through unions. The second is more social spending, especially on early-childhood education. Third is tougher competition policy to restrain big business. Fourth, a wave of investment intended to make America both greener and more productive. Last, Mr Biden wants to tax large firms and the wealthy to pay for much of this.

As with any president, Mr Biden’s agenda thus far has been limited by Congress. The five elements were all present in the $3.5trn “Build Back Better” bill that Democrats in the House of Representatives backed in 2021, only to run smack into a split Senate. The result is that the most prominent part of existing Bidenomics has been the investment element, comprising three pieces of legislation focused on infrastructure, semiconductors and green tech. Signing three big spending bills into law nevertheless counts as a productive presidential term. They add up to a $2trn push to reshape the American economy.

If Mr Biden returns to the White House for a second term but Republicans retain control of the House or gain the Senate, or potentially both, advisers say that his focus would be on defending his legislative accomplishments. Although Republicans would be unable to overturn his investment packages if they did not hold the presidency, they could chip away at them.

Take the semiconductor law. Along with some $50bn for the chips industry, it also included nearly $200bn in funding for research and development of cutting-edge technologies, from advanced materials to quantum computing. But that giant slug of cash was only authorised, not appropriated, meaning it is up to Congress to pass budgets to provide the promised amount. So far it is falling well short: in the current fiscal year, it is on track to give $19bn to three federal research agencies, including the National Science Foundation, which is nearly 30% less than the authorised level, according to estimates by Matt Hourihan of the Federation of American Scientists, a lobby group. If Congress refuses to work with Mr Biden, these shortfalls will grow.

The funding directed at infrastructure and semiconductors is more secure, but much of it will run out by 2028, before the end of a second term. Without Republican support for funding, the investment kick-started over the past couple of years may ease off. High-cost producers will struggle to survive. Critics may see no reason to devote so much treasure to manufacturing when a modern economy based on professional, technical and scientific services already generates plenty of well-paying jobs.

But Mr Biden will have some leverage if Republicans try to water down his policies. Many of the big tax cuts passed during Donald Trump’s presidency expire at the end of 2025. Republicans want to renew them, to avoid income-tax rates jumping up. So one possibility is that Mr Biden could fashion a deal in which he agrees to an extension of many of the tax cuts in exchange for Republicans in Congress backing some of his priorities, including his industrial subsidies—never mind that such an agreement would be fiscally reckless.

The White House is also hoping that Mr Biden’s investment programmes will develop momentum of their own. “We are very pleasantly surprised by the extent to which private capital has flowed in the direction of our incentives,” says Jared Bernstein, chair of the president’s Council of Economic Advisers. Much of the money is going to red states, spawning constituencies of businesses and local politicians who would object to cuts. Meanwhile, there is, in principle, bipartisan support for federal spending on science and technology as a way of safeguarding America’s competitive edge over China. That is why a few dozen Republicans in the House and Senate, albeit a minority, voted for the semiconductor package. Given this constellation of interests and leverage, the industrial policies that defined Bidenomics in the president’s first term would probably survive his second term, albeit in somewhat more limited form.

But what if Mr Biden is less constrained? To really understand the potential scope of Bidenomics, it is worth asking what the president would do if the Democrats end up controlling both houses of Congress. Once they come down from their elation at such an outcome, the team around Mr Biden would know that they have a limited window—probably just two years, until the next set of midterm elections—to get anything of note done.

For starters they would turn to the social policies left on the Build Back Better cutting-room floor. These include free pre-school for three- and four-year-olds, generous child-care subsidies, spending on elderly care, an expanded tax credit for families with children and paid parental leave. Janet Yellen, the treasury secretary, has described this agenda as “modern supply-side economics”. She argues that investments in education would make American workers more productive, while investments in care would free up people, especially women, to work, leading to a bigger labour force. But it would also be costly, running to at least $100bn a year of additional spending—adding half a percentage point to the annual federal deficit (which hit 7.5% of gdp in 2023). And implementation would be challenging. For instance, funding for child care would fuel demand for it, which in turn would exacerbate a chronic shortage of caregivers.

Mr Biden’s desire to strengthen unions would also receive fresh impetus. The president describes himself as the most pro-union president in American history—a claim that may well be true. In his first term support for unions was expressed most clearly through words and symbolic actions: when he joined striking auto workers near Detroit in September, he became the first president to walk a picket line. Mr Biden would have liked to have done more. He had at first wanted to make many industrial subsidies contingent on companies hiring unionised workers, a requirement that did not make it into law. The labour movement’s big hope for a second Biden term is passage of the pro Act, which would boost collective bargaining by, among other things, making it harder for firms to intervene in union votes. That would represent a gamble: the flexibility of America’s labour market is a source of resilience for the economy, which has been good to workers in recent years.

The flipside of Mr Biden craving approbation as a pro-union president is that he has also come to be seen as anti-business. Members of his cabinet bridle at this charge, noting that corporate profits have soared and that entrepreneurs have created a record number of businesses during his first term. Yet the single biggest reason why Bidenomics has got a bad rap has been his competition agenda, led by Lina Khan of the Federal Trade Commission (ftc). Although her efforts to cut down corporate giants have spluttered, with failed lawsuits against Meta and Microsoft, she is not done. The ftc has introduced new merger-review guidelines that require regulators to scrutinise just about any deal that makes big companies bigger, which could produce even more contentious competition policy. Excessive scrutiny of deals would also use up regulators’ scarce resources and poison the atmosphere for big business. An alternative focus, on relaxing land-use restrictions and loosening up occupation licensing, would provide a much healthier boost to competition.

Captain of Industry

At the same time, Mr Biden may double down on the manufacturing policies of his first term. The $50bn or so of incentives for the semiconductor industry has been a start, but it is small relative to how much investment is required for large chip plants. Advisers talk of a follow-on funding package. There would also be a desire to craft new legislation to smooth out bumps in the implementation of industrial policy. Todd Tucker of the Roosevelt Institute, a left-leaning think-tank, advocates a national development bank, creating a reservoir of cash that could be channelled to deserving projects.

How to pay for it all? Mr Biden has long made clear that he wishes to raise taxes on the rich, in particular on households earning over $400,000 a year and on businesses. The president’s advisers argue that he truly believes in fiscal discipline. His budget for the current fiscal year would, for instance, cut the deficit by $3trn over a decade, or by 1% of gdp a year, according to the Committee for a Responsible Federal Budget (crfb), a non-profit outfit. That, however, is predicated on Democrats exercising restraint as tax receipts increase—something that is hard to imagine, says Maya MacGuineas of the crfb….

Most of the action, then, would be in the domestic arena—the battleground for everything from child-care spending to semiconductor subsidies. Supporters argue that these policies would make America more equal, propel its industry and tilt the playing-field towards workers and away from bosses. To many others, they look like a lurch back to bigger government, with an outdated focus on both manufacturing and unions, which may strain ties with allies. Mr Biden was a most unlikely radical in his first term. If the polls head his way, he may go further yet in a second. 7

Heather Cox Richardson wrote this beautiful tribute to Dr. King. I knew I had to share it with you. Please subscribe. I read that she has a million paying subscribers. She deserves her good fortune.

You hear sometimes, now that we know the sordid details of the lives of some of our leading figures, that America has no heroes left.

When I was writing a book about the Wounded Knee Massacre, where heroism was pretty thin on the ground, I gave that a lot of thought. And I came to believe that heroism is neither being perfect, nor doing something spectacular. In fact, it’s just the opposite: it’s regular, flawed human beings choosing to put others before themselves, even at great cost, even if no one will ever know, even as they realize the walls might be closing in around them.

It means sitting down the night before D-Day and writing a letter praising the troops and taking all the blame for the next day’s failure upon yourself, in case things went wrong, as General Dwight D. Eisenhower did.

It means writing in your diary that you “still believe that people are really good at heart,” even while you are hiding in an attic from the men who are soon going to kill you, as Anne Frank did.

It means signing your name to the bottom of the Declaration of Independence in bold print, even though you know you are signing your own death warrant should the British capture you, as John Hancock did.

It means defending your people’s right to practice a religion you don’t share, even though you know you are becoming a dangerously visible target, as Sitting Bull did.

Sometimes it just means sitting down, even when you are told to stand up, as Rosa Parks did.

None of those people woke up one morning and said to themselves that they were about to do something heroic. It’s just that, when they had to, they did what was right.

On April 3, 1968, the night before the Reverend Doctor Martin Luther King Jr. was assassinated by a white supremacist, he gave a speech in support of sanitation workers in Memphis, Tennessee. Since 1966, King had tried to broaden the Civil Rights Movement for racial equality into a larger movement for economic justice. He joined the sanitation workers in Memphis, who were on strike after years of bad pay and such dangerous conditions that two men had been crushed to death in garbage compactors.

After his friend Ralph Abernathy introduced him to the crowd, King had something to say about heroes: “As I listened to Ralph Abernathy and his eloquent and generous introduction and then thought about myself, I wondered who he was talking about.”

Dr. King told the audience that, if God had let him choose any era in which to live, he would have chosen the one in which he had landed. “Now, that’s a strange statement to make,” King went on, “because the world is all messed up. The nation is sick. Trouble is in the land; confusion all around…. But I know, somehow, that only when it is dark enough, can you see the stars.” Dr. King said that he felt blessed to live in an era when people had finally woken up and were working together for freedom and economic justice.

He knew he was in danger as he worked for a racially and economically just America. “I don’t know what will happen now. We’ve got some difficult days ahead. But it doesn’t matter…because I’ve been to the mountaintop…. Like anybody, I would like to live a long life…. But I’m not concerned about that now. I just want to do God’s will. And He’s allowed me to go up to the mountain. And I’ve looked over. And I’ve seen the promised land. I may not get there with you. But I want you to know tonight, that we, as a people, will get to the promised land!”

People are wrong to say that we have no heroes left.

Just as they have always been, they are all around us, choosing to do the right thing, no matter what.

Wishing you all a day of peace for Martin Luther King Jr. Day 2024.

[Image of the Martin Luther King Jr. Memorial in Washington, D.C., by Buddy Poland.]