Yglesias Award Nominee

“There is an animal-welfare bill on New Jersey governor Chris Christie’s desk right now, S998, which pigspassed both the Senate and the Assembly with strong bipartisan support. The bill would ban the use in New Jersey of so-called gestation crates, the metal stalls, 2 feet wide by 7 feet long, that confine more than 80 percent of pregnant pigs in the United States. The National Pork Producers Council opposes S998, because it opposes any legislation that might constrain animal agriculture. The group’s communications director belittled animal-welfare concerns, telling a journalist, “So our animals can’t turn around for the 2.5 years that they are in the stalls producing piglets. . . . I don’t know who asked the sow if she wanted to turn around.”

Most of us are not so dismissive where cruelty to animals is at issue, which is why the bill is supported by 93 percent of New Jersey voters, including 94 percent of Democrats and 92 percent of Republicans. It’s hard to imagine a more popular piece of legislation … It’s not just animal science that is offended by the crates — so is basic morality. In short, forcing pigs to spend their lives in such conditions violates elementary principles of decency, compassion, and mercy … The bill on Governor Christie’s desk right now is a common-sense measure that merely requires that pigs in New Jersey be able to lie down when they wish and turn around comfortably. Surely, that’s the least we as a society can provide them,” – Bruce Friedrich, National Review.

For a glossary of the Dish Awards, see here.

“The Great Political Reality Of Our Time”

Compensation

Josh Marshall declares it’s “that Democrats don’t know (and nobody else does either) how to get wage growth and productivity growth or economic growth lines back into sync”:

Democrats have toyed (and I use that term advisedly) with the issue of rising inequality for the last two elections. But let me suggest that as a political matter inequality is a loser. What is driving the politics of the country to a mammoth degree is that the vast majority of people in the country no longer have a rising standard of living. And Democrats don’t have a policy prescription to make that change.

Here is a chart we’ve probably all seen some version of. The gist is that while productivity growth has been relatively consistent through the post-war period, productivity became unchained from wages in the early 1970s. Despite a modest bump up in the 90s and another small one in the aughts it’s really never come back.

He admits that populism isn’t going to fix this problem:

Fundamentally, most people don’t care particularly how astronomically wealthy people are living their lives. It is a distant reality on many levels. They care a great deal about their own economic circumstances. And if you are not doing any better than you were 5 years ago or a decade ago or – at least in the sense of the hypothetical median wage earner – 40 years ago, that’s going to really have your attention and shape a great deal of your worldview and political outlook. …

But what are the policies that would change this corrosive trend? And how do you run on them as a party if you don’t know what they are? Minimum wage increases help those at the very bottom of the income scale and they have a lifting effect up the wage scale as the floor gets pushed up. But it is at best a small part of the puzzle. Clamping down on tax dodges by the extremely wealthy claws back some resources for the treasury and sends an important message, as might some restrictions on ridiculously high CEO pay. But again, these are important changes at the margins that do not fundamentally change the equation. Economic populism or another comparable politics with a different tonality won’t get you very far if you can get beyond beating up on the winners to providing concrete improvements to those losing out in today’s economy.

Relatedly, McArdle contends that the “lack of a clear and stable career path is … a worse problem than the wages paid by firms that employ large amounts of low-skilled labor”:

You can do anything for a short period of time, including slave away for very low wages.  But for this to be true, your labors have to lead somewhere other than more slavery at very low wages.  … Consumer confidence remains depressed, and it will not get un-depressed just by raising the hourly wage.  Most people don’t want better unemployment benefits; they want to be able to stop worrying so much about losing their jobs. Nor do they want to spend the rest of their life working at McDonald’s for a better wage; they want to leave the hot kitchen for a better job.  That’s still what’s missing.

Will Roberts Vote Against Obamacare?

Barry Friedman and Dahlia Lithwick aren’t so sure:

[I]t is possible everyone has their political calculus wrong with regards to the Chief Justice, just as we did the first time the Supreme Court looked at the ACA. Roberts, according to all accounts, did a last-minute 180 on Obamacare in 2012. We may never know why, but it seems likely it had something to do with preventing a backlash against the court. While such a backlash is less likely now—especially given the just-completed midterms that gave Republicans control of the whole Congress—Roberts is savvy enough to know how a ruling against the federal government in this case could be perceived. In a recent speech to the University of Nebraska College of Law, Roberts said that he didn’t want Americans to start to view the Supreme Court as a “political entity.” “I worry about people having that perception, because it’s not an accurate one about how we do our work. It’s important for us to make that as clear as we can to the public.” A 5-4 anti-Obamacare vote in King v. Burwell would accomplish the exact opposite: Eliminating the federal government’s subsidies, when there is such widespread agreement that Congress never, ever intended such a thing, would look like nothing but a political swipe.

I’m staggered that the Justices took the case. I tend to agree with Simon Malloy that a partisan SCOTUS ruling that struck down the heart of the Affordable Care Act on a technicality/typo would invite the greatest mobilization of liberal voters since 2008. But that might not stop the Court anyway. Noah Feldman suspects that, if SCOTUS “announces a fundamental constitutional right to marry, its liberal legacy will be so prominent that Roberts may have reason that he can kill Obamacare without tarnishing the court’s reputation too much”:

Imagine that, in the space of a few days at the end of June, the court decides a landmark case in favor of gay rights and then says that the IRS can’t give subsidies to citizens of states that have created their own health-insurance exchanges: What liberal critic would be able to say with a straight face that this was the most conservative activist court in history? The court would be activist, all right, but it would appear almost evenhandedly so.

Beutler lists off reasons Roberts may side with the government. Among them:

Chief Justice John Roberts himself is a business friendly justice. The Chamber of Commerce basically bats 1.000 with him. An adverse ruling would cause immense harm to powerful corporate interests like private insurance companies, hospitals, and other stakeholders, all of whom oppose the challenge.

Bill Gardner, on the other hand, bets that Roberts will agree with the challengers:

The constitutional outcome of a victory for the King plaintiffs would be a radically decentralized federalism. It would mean that increasing access to health care through the ACA would require political validation at the state as well as the federal level. This outcome would be consistent with the constitutional philosophy that Roberts and many other conservatives espouse. For this reason, if no other, I expect Roberts to vote for the King plaintiffs.

Earlier Dish on the case here and here. Update from a reader:

If it were based on a “typo”, why would Jonathan Gruber publicly state that the intention of that language was to force states to establish exchanges? Clearly there is more to this than your flippant dismissal indicates.

Another:

He made a mistake. Simple as that.

Leave The Gay Marriage Opponents Alone

If you run a public accommodation and use it to refuse service to a minority, you’re on the wrong side of the law (at least since the Civil Rights Movement). So why am I concerned by the latest case of a lesbian couple suing a family business that refused to rent out their property for a same-sex wedding? Simply because they got married elsewhere, with no problems, and because it makes sense to me – as someone interested in a civil society – not to press conflict on culture war issues when a less aggressive and counter-productive strategy is perfectly possible. Also because you deny the New York Post and the victimhood-right a chance to crow about gay suppression of religious freedom. We are winning the argument; we are winning the culture. There’s no point on forcing our opponents to lose face as well as losing the debate. Magnanimity, restraint and gradual progress. It’s gotten us a very long way already. We should trust this strategy to the end.

How Many Will Obamacare Cover?

Enrollment Numbers

Amy Goldstein passes along the latest enrollment predictions for next year:

Health and Human Services Secretary Sylvia Mathews Burwell announced that, by the end of 2015, 9 million to 9.9 million Americans probably will be in health plans sold through the federal and state insurance exchanges created under the health-care law. The administration’s expectations are as much as roughly 30 percent beneath the most recent prediction of the Congressional Budget Office that 13 million people will have health coverage through these exchanges next year.

Weissmann judges that the “the announcement is probably a wise move politically”:

Whether the issue was the effect of stimulus spending or the pace of Affordable Care Act sign-ups, the Obama administration has never exactly benefited from setting high expectations. During last year’s open-enrollment period, it had to deal with the endless media speculation over whether it would hit the CBO’s projection of 7 million sign-ups. It’s better to keep the bar low and clear it than trip over a nice-sounding but maybe overly ambitious target.

Suderman agrees that the administration may be “lowering the bar so that an underperformance looks like a relative success.” But, to him, it also “suggests that the administration is anxious about enrollment trends for year two”:

The second year of enrollment was always going to be somewhat more difficult, because the people most motivated to purchase plans through Obamacare’s exchanges were likely to have bought in year one. The task of year two would be to motivate even more people, those who weren’t already interested in purchasing coverage through the exchanges.

What this announcement indicates, then, is that the administration thinks it’s going to have a hard time motivating many people to purchase plans, which is another way of saying fewer people than expected seem to want or believe they need insurance under the law. For whatever reason or reasons, the demand isn’t there, and Obamacare is now expected to underperform as a result.

Jason Millman identifies a more mundane reason for the lower prediction:

One of reasons the projection is shifting downward comes from uncertainty over the number of people expected to leave employer coverage or individual health plans purchased outside the marketplaces, or exchanges. The CBO, for example, projects 7 million fewer people will have employer-based health insurance by 2016, creating a new pool of people potentially eligible for marketplace coverage. The administration says it’s still not clear how dramatic the shift in employer coverage will be.

Joseph Antos lists other possible explanations. Among them:

The administration’s 7.1 million figure is the number of people who chose a plan on the exchanges. Although many of those people paid their premiums and remain enrolled, others may have paid for a month or two before deciding that the value of Obamacare coverage is not worth the cost. We will never know how many people selecting exchange plans actually followed through for the full year.

 

Jumping To Your Dream Job

Derek Thompson flags a new study (pdf):

Jumping between jobs in your 20s, which strikes many people as wayward and noncommittal, improves the chance that you’ll find more satisfying—and higher paying—work in your 30s and 40s. “People who switch jobs more frequently early in their careers tend to have higher wages and incomes in their prime-working years,” said [Henry] Siu, a professor at the Vancouver School of Economics. “Job-hopping is actually correlated with higher incomes, because people have found better matches—their true calling.”

“True calling” is a messy term, since (a) job mastery, (b) job satisfaction, and (c) compensation don’t always line up. There are talented yet miserable investment bankers (a and c, not b), talented and fulfilled public-school teachers (a and b, not c), and several shan’t-be-named general managers of professional sports teams (b and c, not a). But overall, Siu said, adults who switch jobs multiple times are more likely to find a position in their prime-work years where they earn a higher wage and have a lower chance of quitting. (As always, causality is difficult to prove: Perhaps pro-active behavior leads to both higher wages and a greater likelihood of quitting.)

The “Smart” In “Smartass”

After noticing that his snarky or critical tweets tended to get more social media mileage than his more positive ones, Clive Thompson got to wondering if there was an explanation for this disparity:

Indeed, there is. It’s called hypercriticism. When we hear negative statements, we think they’re inherently more intelligent than positive ones. Teresa Amabile, director of research for Harvard Business School, began exploring this back in the 1980s.

She took a group of 55 students, roughly half men, half women, and showed them excerpts from two book reviews printed in an issue of The New York Times. The same reviewer wrote both, but Amabile anonymized them and tweaked the language to produce two versions of each—one positive, one negative. Then she asked the students to evaluate the reviewer’s intelligence.

The verdict was clear: The students thought the negative author was smarter than the positive one—“by a lot,” Amabile tells me. Most said the nastier critic was “more competent.” Granted, being negative wasn’t all upside—they also rated the harsh reviewer as “less warm and more cruel, not as nice,” she says. “But definitely smarter.” Like my mordant tweets, presumably. This so-called negativity bias works both ways, it seems. Other studies show that when we seek to impress someone with our massive gray matter, we spout sour and negative opinions.

The Art Of Getting Out Of Bankruptcy

Detroit’s bankruptcy plan was approved last week. Jordan Weissmann focuses on the role played by the city’s art museum, which had been instructed “to contribute at least $500 million to paying off Detroit’s debts, even if meant selling off paintings at auction”:

Instead, the museum essentially went on an ambitious fundraising drive, in which it managed to raise more than $800 million, including $330 million from nine different philanthropic foundations. Another $200 million came from the state of Michigan, which, despite Gov. Rick Snyder’s protestations that he wouldn’t bail out Detroit, did apparently feel compelled to preserve some of its cultural heritage.

In return for the money, the deal will essentially “ransom the museum from city ownership,” as the New York Times puts it, placing it in control of an independent charitable trust. So Detroit gets to keep its art collection. Pensioners get to keep a little more of their income. And the museum never has to worry about municipal finances ever again. A nice bargain all around.

The Economist ponders the city’s post-bankruptcy future:

The big question is whether Detroit will manage to become an attractive city again where people want to live, invest, work—and pay taxes. At the moment this seems a long way off: roads are in disrepair; more than one-third of city lights don’t work; public schools are failing the pupils who bother to turn up; ambulances break down; thousands of households don’t have water and there are 84,000 blighted and vacant parcels of property. (The city is demolishing 200 houses a week at a cost of, on average, more than $8,000 each.)

The adjustment plan approved by the judge sets aside $1.7 billion over the next nine years for investment in basic services and infrastructure. It is a vast sum for a city that has trimmed investments to a minimum in recent years, but Detroit’s needs are such that this pot could run out in as soon as five years.

Claire Groden digs into the specifics of the exit plan:

Fewer than 700,000 people live in Detroit after decades of white flight into the surrounding suburbs. They are mostly poor, with 38 percent living below the poverty level. Last year, half of Detroit’s property owners were unable to pay their taxes, which are the highest in the state for cities with a population over 50,000. The combination of high taxes and poor residents puts the city and its residents in a lose-lose cycle. “Part of the goal of the exit is making Detroit attractive to people who are not poor, who can pay taxes,” says Wayne State University bankruptcy law professor Laura Bartell.

But making the city a desirable place to live is going to take a lot of moneymaybe even more than the approximately $1.7 billion set aside in the plan. It’s no secret that Detroit is a difficult place to live. The bankruptcy trial put the inner workings of the city in the harsh spotlight, methodically detailing all of the ways the Detroit no longer works for its residents.

A 2013 report by Emergency Manager Kevyn Orr found that 15 percent of all “parcels” of land in the city were vacant, and 38,000 vacant structures were in potentially dangerous condition. Response times for highest priority crimes took an average of 58 minutes. Around 40 percent of streetlights were out. All of these problems will have to improve for Michiganders to start looking at Detroit as a reasonable place to open a business or raise a family, Bartell said.

Going Against The Stream

Songwriter Aloe Blacc supports Taylor Swift’s high-profile decision to yank her music from Spotify:

The abhorrently low rates songwriters are paid by streaming services – enabled by outdated federal regulations – are yet another indication our work is being devalued in today’s marketplace. Consider the fact that it takes roughly one million spins on Pandora for a songwriter to earn just $90. Avicii’s release “Wake Me Up!” that I co-wrote and sing, for example, was the most streamed song in Spotify history and the 13th most played song on Pandora since its release in 2013, with more than 168 million streams in the US. And yet, that yielded only $12,359 in Pandora domestic royalties— which were then split among three songwriters and our publishers. In return for co-writing a major hit song, I’ve earned less than $4,000 domestically from the largest digital music service. If that’s what’s now considered a streaming “success story,” is it any wonder that so many songwriters are now struggling to make ends meet?

But Bill Wyman argues that Swift was unwise:

Why? Because we can already see where folks are going to get their music if they decide a streaming option like Spotify doesn’t give them the service they want. Here’s what Swift’s — and Spotify’s — real competition is:

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That’s a screenshot of just part of a Pirate Bay page dedicated to 1989 torrents. I count about 7,000 folks sharing the thing right then, a week after the album came out. (With that many seeds, downloading an album takes about 45 seconds, so you can imagine the churn.) A single page on a different BitTorrent site, Kick Ass Torrents, said that just one particular torrent of many for the album had been downloaded close to 110,000 times. And remember that this comes in the face of what I’m sure was a strong behind-the-scenes campaign by her label to keep the thing off the illegal networks.

Spotify’s per-stream payout seems small, all right, but it’s a lot bigger than the Pirate Bay’s.

Meanwhile, Felix Salmon takes the opportunity to make a case for oligopoly:

The fact that there are only three major record labels is a godsend to the world of digital music. It means that if you’re trying to do anything innovative with digital music, you basically only need to deal with three counterparties. Once Spotify or Rhapsody gets three contracts signed, for instance, they can effectively tell the world that they’re offering all the music you might ever want to listen to. Sure, there will always be a few exceptions here or there. But, as anybody with one of these services knows, you can generally play just about any album you want to listen to. It’s an amazing, magical thing— and it’s a service which, to boot, is generally offered on a freemium basis. To have the world’s music at your fingertips, these days, you don’t need to do anything illegal, and you don’t need to pay a penny.

In contrast, he says, small record labels such as Swift’s Big Machine are “a real headache for digital music services, especially when they have ulterior motives“:

The majors can be counted on to drive a hard bargain but ultimately to act in their own best interest; with independents, that’s not always the case. What’s more, streaming contracts with big labels generally operate on a Most Favored Nation basis: whatever the label offers to one streaming service, it has to offer to everybody else. That’s good for competition and innovation — but again, it’s not necessarily something which happens as a matter of course with independent labels.

Joshua Gans disagrees:

Salmon fears instead that what Swift might do is strike an exclusive deal with just one retailer (or broadcaster or streamer or what have you) and we won’t be able to get our music in one place. This happens with video but the consequences aren’t too bad there – after all, we have always had to switch channels and I think in a little while our devices will make that easy too. … [And] that remark Salmon makes about ‘most favored nation’ clauses being for competition and innovation is completely and utterly wrong. They are terrible because they drive all these services towards a common business model and diminish experimentation. When someone who does a deal with Pandora is forced to offer the same terms to Spotify, that doesn’t give Spotify room to move. It means the first service to strike a deal can mould the entire industry going forward.