Is Richard Dawkins Growing Up?

The FSM slayer turns to essentialism:

If, like Aristotle, you treat all flesh-and-blood rabbits as imperfect approximations to an ideal Platonic rabbit, it won’t occur to you that rabbits might have evolved from a non-rabbit ancestor, herbert-garrison-20090318040350264-000and might evolve into a non-rabbit descendant. If you think, following the dictionary definition of essentialism, that the essence of rabbitness is “prior to” the existence of rabbits (whatever “prior to” might mean, and that’s a nonsense in itself) evolution is not an idea that will spring readily to your mind, and you may resist when somebody else suggests it.

Paleontologists will argue passionately about whether a particular fossil is, say, Australopithecus or Homo. But any evolutionist knows there must have existed individuals who were exactly intermediate. It’s essentialist folly to insist on the necessity of shoehorning your fossil into one genus or the other. There never was an Australopithecus mother who gave birth to a Homo child, for every child ever born belonged to the same species as its mother. The whole system of labeling species with discontinuous names is geared to a time slice, the present, in which ancestors have been conveniently expunged from our awareness (and “ring species” tactfully ignored).

Phil Burton-Cartledge wonders if this could mark a new direction for the New Atheist:

Dawkins’ contemplative position sets up an opposition, a rigid distinction between believers of whatever creed, and the godless. Being unbelieving is a matter of personal growth, of intellectual and mental maturity, of possessing reasonable and rational-critical faculties. One might observe that this idealist position lapses into essentialist thinking. It’s not that all religious people are unintelligent, but clearly on some level they’re all stupid, or so the assumption goes.

Regardless of what one thinks of Dawkins, whether one hangs on his every dot and comma or takes a more critical stance, his choice to dump essentialism is an interesting one as binning it means breaking with a component of his own philosophical atheism. Hopefully some fresh, more interesting thinking through of religion and atheism is just around the corner.

In thinking about religion in a non-essentialist fashion, I’ve found myself having to be more nuanced than I once was. I now see more clearly that the forms that religion takes can be as important as the doctrinal content, that there are, yes, varieties of religious experience, and that the distinction between faith as a relationship with doubt as opposed to faith as a relationship with total certainty is a real, if still crude one, and that between a lived faith and a neurotic fundamentalism even more critical to understanding our current world.

If Dawkins’ opposition to essentialism is real, he may begin to accept that treating all religion as the same essential thing is far too crude to add much light, rather than heat, to the conversation. For another nuanced take on the varieties of religious experience in modernity, I highly recommend Ross Douthat’s stimulating blog post here.

The Christie Scandal Has Legs

Shafer predicts that it will go on and on and on:

Like so many scandals, this one has been fueled by an official investigation. Lacking subpoena power to gather evidence and compel testimony, journalists depend on those who do have such powers, and in the bridge case it’s the state legislature. Both branches of the New Jersey legislature are controlled by Christie’s political enemies, the Democrats. … [N]o matter what anybody tells you, Chris Christie is the quarry here, not any of his staff or appointees. As mentioned above, testimony, subpoenas, and investigations stoke the news furnace whether they’re productive or not. Add a presidential front-runner such as Christie to the mix and political contention — not just within New Jersey but across the border into New York, where Gov. Cuomo and members of his party are glad to help hurt Christie — and you’ve got the makings of a long-running story.

But Christie’s polling hasn’t taken much of a hit, yet:

[L]ook at the Monmouth poll, the only one taken in New Jersey since the scandal began. … Republicans are sticking by Christie, giving him an 89% approval rating which is in line with the 85% GOP support he received last month. The Republican uptick is a better omen for Christie than anything else in the poll. There are conservatives who, like M. Stanton Evans once said of Nixon and Watergate, like the governor better because of the scandal.

Update: An NBC poll released today also finds that the scandal hasn’t damaged Christie as much as you might expect:

Nearly 70 percent of Americans say the bridge-closure scandal engulfing Chris Christie has not changed their opinion about the New Jersey governor, according to a new NBC News/Marist poll. In addition, 44 percent of respondents believe he’s telling the truth about his knowledge of the events surrounding the controversy.

And far more Americans view him as a strong leader rather than as a bully.

But the survey also shows that the potential 2016 Republican candidate has lost ground to former Secretary of State Hillary Clinton in an early hypothetical presidential match up and now trails her by 13 points.

Ditch The Rock? Ctd

Couple w/ engagement ring

Readers pivot on the thread:

Here’s another aspect of the engagement conundrum: what do we gay folks give as a token of our proposals?  I imagine lesbians (some, at least) will go the traditional diamond route, as our culture clearly accepts a diamond ring on a woman’s hand in a way they don’t on men’s hands.  But guys (most of us, anyway) aren’t interested in a delicate band with a shiny rock perched atop. So what to do?

Here’s what I did when I proposed to my husband six years ago: I bought him a very nice watch (Omega Seamaster, if you must know), and told him (in a romantic setting) that I wanted to spend “every day, every hour and every minute” of the rest of our lives as his husband.  Then I said, “and so you will remember that, I want you to wear this,” and pulled the lovely red box from where I had hidden it.

I think the gift of a watch makes a perfect modern tradition – it has utility, not just attractiveness, plus the added symbolism of marking the time of a relationship intended to last a lifetime.

Another asks:

You’ve probably mentioned this already, but how did you and Aaron signify your engagement?

All I gave Aaron was another round of margaritas.  Another reader on the “perfect male engagement ring”:

Before I proposed to my now-husband, I had seen a handful of friends and acquaintances go through the same process.  There was no consensus on how to propose to another guy, but what I often saw was that one partner would propose to the other with a gold or platinum band, and then either reach into his pocket and pull out another ring for himself to wear, or (in one case) ask the partner to buy him a matching ring.  That all seemed a little odd, and frankly those were wedding rings they were really talking about, not engagement rings.  After all, what were they going to exchange at the ceremony?

I gave it some thought and got my boo the watch he’d always dreamed of, and I had the watch engraved.  It’s the perfect male engagement ring: it’s a piece of jewelry signifying time spent together, it stands on its own (as a diamond ring does) without requiring reciprocation, and, well, it’s a lot more masculine than a diamond.  And we exchanged bands on our wedding day, and it was perfect.

I’m curious as to what other same sex couples have done – and whether the diamond ring tradition sticks with the lesbian community.

Another guy:

My husband and I got engaged a few years back when marriage was made legal in Washington, DC.  When it came to figuring out rings we decided on two inexpensive (“cheap” feels harsh, but they were about $10 apiece) stainless steel rings we bought in a bead shop off Dupont Circle.  We figured they were just engagement rings and we’d get around to buying “real” rings at some point.

Well, life got ahead of us, and after losing our first dog to cancer, the wedding got put on hold for a few years (first grief, and then just the rolling tide of life).  Two years ago we finally got around to getting married. Among all the preparation for the big day, we kept putting off the buying of super expensive rings. Our brother in-law is a master jeweler and had even offered to design special rings for us.  But the funny thing is, we’d gotten very attached to the simple rings on our fingers.  In the end we stuck with those stainless steel rings.

Here’s what made it special for us and more than our engagement rings: our marriage rings – our simple public ritual – included exchanging our rings through all of our assembled friends and family members.  We thought it would be a quick passing of rings through the crowd, but Andrew, the thing that stunned and humbled us was people took their time.  I’m not sure what was going through their minds as we stood there in front of these 120 folks and as music played sensed them blessing these symbols with their thoughts, meditations and prayers.   What was supposed to have taken about 10 minutes took about 20 or so.  Many of our friends have told us it was their most important memory of the day for them, getting a chance to hold our rings for just a few seconds.  Looking at this simple little $10 ring on my hand reminds me that every one of our friends and family, each of them that were there on that truly happy day, held me and my husband’s ring.

I treasure that more than any diamond.

(Photo: Couple with engagement ring, circa 1950s. By George Marks/Retrofile/Getty Images.)

The Cost Of Fish

dish_poorsealion

Richard Harris highlights a report on the hundreds of thousands of sea mammals that die each year because of fishing practices:

[T]he global tally of marine mammal injuries and deaths … is high: Biologists have estimated that 650,000 are killed or injured each year. Of that, 300,000 are dolphins and related cetaceans, and another 350,000 are seals and sea lions. Casualties happen in all sorts of fisheries, ranging from tuna to squid, shrimp, swordfish and bottom-dwelling fish. At the bottom of the ocean, sea mammals can get trapped in trawls. And it’s hard to connect the dots between fish that has been caught using these techniques and those that end up getting imported to the U.S.

Imported seafood is often less ethical:

Most tragic, according to [report author Zak] Smith, is that the U.S. Marine Mammal Protection Act bars the importing of fish caught using methods that don’t include mammal protection measures such as release nets and safer hooks. “But unfortunately this law has never been enforced in its 40 years,” said Smith. …

American shrimp fishers, for example, must use bycatch-excluder devices to help marine mammals escape nets, Cooper said. Those devices cost $400 to $500 each, and a typical shrimp boat has three to four of them. “We also lose some of our catch because of them, so it raises our cost,” said Cooper. “They can catch them for a lot cheaper, put them on our market, and drive our prices down,” he said of foreign shrimp fisheries, which are especially prevalent in Southeast Asia. “We can’t continue on this trend.”

Smith said the U.S. government should require foreign fisheries to prove that they are “moving toward zero bycatch tolerance,” just like domestic fisheries.

Peter Lehner has more on the problem:

North American right whales, which rank among the most endangered whales on the planet, are prone to getting tangled in the long ropes of crab and lobster pots, or stuck in nets meant to trap fish like hake and halibut in the North Atlantic. With an estimated 500 individuals left, the untimely loss of even a single whale threatens the survival of the species. Every year, one or two right whales die from encounters with fishing gear. In Maine, lobstermen use special breakaway ropes that can help an entangled whale free itself. Canadian lobstermen, however, are not required to do so. The same whale that escapes a Maine lobsterpot might perish in a Canadian trap set just a few miles away.

(Photo of an entangled sea lion by Lauren Packard)

Is Obamacare In The Clear?

Reflecting on the new Obamacare numbers, Ezra claims that the “risk of a ‘death spiral’ is over”:

The The Kaiser Family Foundation estimates that if the market’s age distribution freezes at its current level — an extremely unlikely scenario — “overall costs in individual market plans would be about 2.4% higher than premium revenues.” So, in theory, premiums costs might rise by a few percentage points. That’s a problem, but it’s nothing even in the neighborhood of a death spiral.

Bernstein, however, wants us to stop “thinking about whether the ACA will ‘succeed’ or ‘fail.'”:

Yes, as Ezra Klein says today, a premium death spiral isn’t going to happen next year (although that doesn’t mean it won’t happen down the road — after all, spirals start slowly!). But that doesn’t mean that health care will indeed be affordable down the road. Or, more precisely, it doesn’t tell us how affordable it will be, and how that will vary for different populations.

Yglesias joins the conversation:

[H]ere’s the problem. The federal Health Insurance Marketplace isn’t a single insurance risk pool.

Because insurance is regulated at the state level, even the “federal” exchange is essentially an administrative mechanism for a couple of dozen separate risk pools. Each state needs a demographically balanced set of clients, it’s not good enough to just be balanced on average. And even though the variance between the different states isn’t huge, it’s not nothing either. The odds that at least one or two states will fall short are much higher than the odds that the federal exchange on the whole will fall short. Now in a sense, a program that works in 48 states is doing a lot of good even if for some reason it doesn’t come together right in North Dakota and Maine (or wherever). But it would be a huge embarrassment for a program that’s already witnessed a lot of embarrassing failures.

Reihan considers other threats to the ACA:

I would emphasize the fact that if the threat of the individual mandate penalty helps keep the risk pool fairly balanced, it will be because there will have been a widespread public information campaign informing people that they are subject to a nontrivial penalty for failing to purchase insurance that at least some people will consider quite expensive (provided that they aren’t among those who’ve had their insurance policies canceled). And if insurers experience significant losses, as seems well within the realm of possibility, taxpayers will be obligated to make up much of the difference. This might be the right policy. It’s not at all obvious, however, that it will be popular. Rigorous enforcement of the mandate and the transitional mechanisms for protecting insurers might both be necessary to get the ACA exchanges up and running and they might endanger the ACA’s political health.

We Spilled Blood For What?

Iraq Archive 2007

William McNulty blames the high suicide rate among young veterans on the “amorphous nature” of the wars they fought in:

No amount of counseling can dispel the gnawing sense that one sacrificed for a bogus cause. From this stems despair — from a sense that so much of one’s life was given for so little purpose. Today’s vets do not see themselves as saviors, they cannot identify whom they defeated, they are not certain that they truly liberated anyone, and they fought, at best, a holding action against an ill-defined threat. Progress has been absent.

Joe Klein seconds McNulty:

McNulty makes an important distinction: between depression and despair. Depression is one of the prevalent symptoms of post-traumatic stress. It is a natural reaction to the unimaginable terror that comes with combat, the survivor’s guilt that comes with the loss of friends, the frustration that comes with the loss of a limb or a traumatic brain injury. Despair is more profound: it comes when you’ve experienced any or all of those things–and you come to the conclusion that it was all in vain, that there was no earthly reason to have invaded Iraq in the first place or extended the war in Afghanistan beyond the counter-terrorist effort to snuff out Al Qaeda.

Iraq veteran Elliot Ackerman has a different perspective. He reflects on the fall of Fallujah, where he fought almost ten years ago:

I wear a black bracelet on my wrist. It’s got Dan’s name on it, and the date 10 November 2004. I wear it for him but for others, too. Next to that bracelet is another one, a plastic one threaded with pink hearts and blue stars that my three-year old daughter made for me. If it weren’t for the black bracelet, the plastic one wouldn’t exist.

Does Fallujah falling into the hands of the ISIS make what Dan did for me and for the forty-six of us a waste? I wonder what he’d say.

When I think about my wars, and what happened, I do sometimes ask myself if it was worth it. I’m not thinking about Bush or Obama, or about Iraq or Afghanistan. I’m thinking about Pratt and Ames, and of course Dan, and unfortunately other friends like him. I hope they’d think what we’d did for each other was worth it.

(Photo: The remains of three US servicemen, their equipment, and a Humvee lay scattered on a dirt road after a massive IED vaporized their vehicle on August 4, 2007 in Hawr Rajab, Iraq. By Benjamin Lowy/Getty Images)

Mike Allen: The Smithers Of Roger Ailes

Erik Wemple has another blockbuster piece on the corporate public relations newsletter known as Mike Allen’s Playbook at Politico. This time, it’s about the constant, fawning press releases Allen writes for his favorite news channel and personal idol, Roger Ailes. The latest piece of puffery from Allen is a summary of the new Gabe Sherman book on the Republican operative running the Republican Party’s propaganda outlet. For some reason, almost none of the critical details about Ailes made it into Allen’s account, merely anything that Ailes himself would be happy with:

He chose far more flattering stuff, like the part about Ailes being “The Most Powerful Man in the World,” about Ailes’s rough childhood, about Ailes winning over Rupert Murdoch, about Ailes winning over employees, about Ailes’s marketing genius, about Politico scoring a presidential debate at the Ronald Reagan library, to Ailes’s dismay. Save for a nod to Fox News’s alleged deception over an infamous anti-Obama video from May 2012, Allen all but “Zevved up” the Sherman book. That is, he made it sound a lot like the very favorable Ailes biography that author Zev Chafets last year published with the network boss’s full cooperation.

To take a fair but highly critical book and make it seem like a hagiography is Allen’s mojo when it comes to Politico’s advertizing clients (including those whose sponsored content appears within Allen’s daily suck-up to power and money in Washington). But the Ailes-worship is close to pathological. Just read it all yourself and make up your own mind. But, to my mind, Wemple proceeds to cite case after case after case of fellatial coverage of Fox and Ailes from the perkiest team-player in the Washington Media-Corporate Village. Now, you might think that this is too easy. Selective pickings from Allen’s daily, lucrative plugs for the rich and powerful could find anything. But what makes Wemple’s pieces persuasive is that he also includes any examples he can also find of faintly-critical coverage. They’re there, but in such minuscule proportion to the relentless positive p.r. for Fox that they almost seem designed to bolster its credibility. And that’s why Allen’s disgracefully tardy response to this is so lame:

Over the past seven years, there have been more than 8 million words of Playbooks, including hundreds of announcements from every group under the sun. You could cherry-pick items to make any case you wanted: that I’m a conservative hack, or a liberal tool, or a bad writer or a good guy.

No you can’t. The mountain of evidence and counter-evidence that Wemple has assembled is proof that Allen will flatter anyone with power for access and suck up to anyone with money for cash. Now that does not mean that Allen does this in a conscious way. My own sense is that he is so eager to please the powerful, so desperate to be included in their circles, so obsessed with remaining a player in DC, that he may simply not see that his constant cooing into the power vortex of Washington is at best an exercise in public relations, rather than journalism, and at worst, an obvious inversion of the journalist’s core role, which is to challenge power rather than to celebrate it. In other words, subjective naivete and a desire to be accepted is not incompatible with objective corruption.

But Wemple has a coup de grace. He notes how odd it is that, given Allen’s constant suck-ups, Politico’s stars very rarely show up on Fox News. And yet it isn’t that odd at all, as Fox’s response to the charge reveals:

Former Fox News PR ace Brian Lewis told Jim Romenesko in 2012, “We do not have a do-not-deal-with-Politico policy. We deal with Mike Allen.” As they should.

And, when they need a mouthpiece to rebut telling criticism, they still do.

For Once, Congress Might Do Its Job

The new omnibus spending bill is likely to pass:

The lack of dramatic, controversial changes are likely to help smooth the way for the omnibus, which the House and the Senate are expected to take up this week. Outside conservative groups are already railing against the spending bill, but the reaction on the Hill has been more muted as many Republicans are eager to avoid a replay of October’s shutdown. “We’re not going to stop the process mid-year,” GOP Sen. Jeff Sessions, who voted against the December budget deal, told the National Journal. Democratic leaders and the White House are lining up behind the agreement.

If the omnibus passes without event this week, legislators and Hill-watchers alike will herald Congress for a return to normalcy. It will certainly be a departure from how members have operated for the past three years, lurching from one manufactured fiscal crisis to the next as they insisted on coming to a long-term deficit reduction deal that never actually happened.

Plumer breaks down the bill. Among the highlights:

Defense: 0.2 percent increase. Military spending basically gets kept at the same levels as last year, once you factor in the effects of the sequestration. And it’s about $29 billion less than the Pentagon wanted. The budget includes $486.9 billion for the Pentagon’s base budget and another $85.2 billion for operations overseas this year. The overseas budget is declining only slightly even as the war in Afghanistan winds down. Another highlight: There’s a 1 percent increase in pay for military personnel.

Benen flags other details:

A few things that jumped out at me:

* As ridiculous as this may sound, a Republican rider survived that would continue the sale of inefficient incandescent light bulbs.

* The school voucher program for the District of Columbia will continue.

* Efforts to defund the Affordable Care Act predictably failed, but at Republicans’ insistence, the package cuts $1 billion from the Prevention and Public Health (PPH) fund.

* The spending bill reverses some of the cuts to retirement pay for medically retired veterans and survivor benefits.

* Detainees still can’t be transferred from Guantanamo Bay to detention facilities on U.S. soil.

Drum expects little effect from the rider that cuts off funding for enforcing the new light bulb efficiency standards:

On the one hand, the lighting industry has completed the transition to newer, more efficient bulbs and has no interest in going back. What’s more, these newer bulbs provide just about all the options anyone could ask for. … At this point, suspending enforcement is mostly a symbolic gesture to please the tea party base of the GOP. It will have a modest effect, but for the most part the market has moved on.

The IRS is also getting its funds cut:

According to the House Appropriations Committee, the funding level would be lower than agency spending in 2009. The agreement would also require the IRS to spend more time and energy reporting to Congress on a range of activities. And, to the surprise of no one, it prohibits the use of any funds to single out groups based on their ideological beliefs or “to target citizens for exercising their First Amendment rights.”

Those restrictions, of course, explain what this budget is really about: More political payback for the IRS’s bungled efforts to sort out which non-profits qualify for 501(c)(4) designation.

Bloomberg’s editorial rails against other cuts:

Lawmakers unwisely denied funding increases to financial regulatory agencies, which need more resources to finish and enforce the Dodd-Frank financial reforms. This stinginess is what Wall Street wanted, of course. But it won’t protect the financial industry from regulation; it will only make the process more frustrating. Under the 2014 spending agreement, the Securities and Exchange Commission will get $1.35 billion, which is $324 million below President Barack Obama’s budget request. The Commodity Futures Trading Commission, which oversees commodities and futures transactions worth $400 trillion in notional value – – up from $40 trillion before Dodd-Frank — gets a mere $215 million, or $100 million less than what the president sought.

This isn’t fiscal prudence. Both agencies return money to the U.S. Treasury in the form of fines and penalties in excess of what they spend. Presumably, better funding would result in more proficient enforcement and even fatter returns to taxpayers. And the penny-pinching can’t stop the agencies from implementing Dodd-Frank. The 2010 law offers no leeway on whether to regulate. Tight budgets just mean the work must be done by fewer staff, making it harder for industry representatives to get appointments to discuss the rules or enforcement cases.

Josh Green’s bottom line:

What’s remarkable is how something as unremarkable as this omnibus bill can pass through Congress (probably) without the headache-inducing, economy-damaging drama of maximal opposition that has accompanied nearly every piece of significant legislation in the past few years.

Democrats For War With Iran, Ctd

Cory Booker Marries Same Sex Couples As NJGay Marriage Law Goes Into Effect

Jeffrey Goldberg tries to talk sense into Iran hawks:

[A]t least in the short term, negotiations remain the best way to stop Iran from crossing the nuclear threshold. And U.S. President Barack Obama cannot be hamstrung in discussions by a group of senators who will pay no price for causing the collapse of negotiations between Iran and the P5 + 1, the five permanent members of the security council, plus Germany. “You have a large group of senators who are completely discounting the views of the administration, the actual negotiators, the rest of the P5 + 1, the intelligence community and almost every Iran analyst on earth,” said Colin Kahl, who, as a deputy assistant secretary of defense for the Middle East during Obama’s first term, was responsible for preparing all of the options that the President says are still on the table.

If these negotiations were to collapse — and collapsing the negotiations is the goal of some of the most hawkish hawks — the most plausible alternative left to stop Iran would be a preventative military strike, either by the U.S. or by Israel (Arab states, which are agitating for an American strike, wouldn’t dare take on the risk of attacking Iran themselves). Such a strike might end in disaster. …

The whole column is worth a read. Another sound point:

[W]hy support negotiations? First: They just might work. I haven’t met many experts who put the chance of success at zero. Second: If the U.S. decides one day that it must destroy Iran’s nuclear facilities, it must do so with broad international support. The only way to build that support is to absolutely exhaust all other options. Which means pursuing, in a time-limited, sober-minded, but earnest and assiduous way, a peaceful settlement.

Beinart declares that “the sanctions bill is all about torpedoing a nuclear deal”:

An analysis of the legislation by longtime senate foreign relations committee staffer Edward Levine notes that to suspend the new sanctions indefinitely, President Obama must certify that “Iran will…dismantle its illicit nuclear infrastructure.” That’s pretty vague. But AIPAC’s summary of the bill helpfully explains that “Iran’s illicit nuclear infrastructure” includes “enrichment and reprocessing capabilities.”

Which would be fine, except that the Obama administration has already conceded that it can accept limited Iranian uranium enrichment so long as it’s not near weapons-grade and is closely monitored by inspectors. To suspend the sanctions, in other words, a final nuclear deal would have to include provisions that the governments of both Iran and the United States have already insisted it will not include.

Larison responds:

It’s not surprising that the bill has set such a maximalist requirement, since the bill’s co-sponsors have previously expressed their opposition to allowing Iran to retain any enrichment capabilities. This is why no one should take seriously the claim of the bill’s supporters that they are interested in a diplomatic resolution to the nuclear issue. According to their own standard, they will only accept a deal with conditions that Iran has repeatedly stated that it will never accept, which means that no achievable final deal can avoid triggering the sanctions that they wish to impose. It is little wonder that Iran views the passage of a new sanctions bill as a deal-breaker. If the bill became law, it would mean that the U.S. had already reneged on commitments that it made in the interim agreement.

Kilgore wants anti-war Democrats to make some noise:

You will hear some Democrats and even a few Republicans claim they are trying to strengthen the adminstration’s hand in their negotiations, but that’s a shuck. The whole idea is to torpedo the talks because Bibi Netanyahu believes they are aimed at the wrong goal: keeping Iran from developing nuclear weapons, as opposed to Bibi’s demand that Iran lose its capability of developing nuclear weapons. If that means war, so be it. This time around, of course, those in the Democratic Party opposing a drift into war have the White House on their side, and the precedent of what happened when a lot of Democrats supported a similarly avoidable war with Iraq. But if antiwar Democrats don’t start making some real noise, the configuration of forces in Congress will continue to deteriorate, and we could be looking at a war foisted on an unwilling commander-in-chief.

And now the House is preparing to pass the Senate’s bill, which “would speed the process of sending a bill to Mr. Obama’s desk because the two chambers would not have to go through the process of reconciling their different bills.” It’s also intended pressure Reid into allowing a vote on the Senate bill. Larison zooms out:

When it came to the questions of bombing Libya and Syria, the House leadership was perfectly happy to defer to the executive, but when it comes to the conduct of diplomacy that is properly part of the executive’s responsibility they are only too ready to butt in and meddle where they aren’t wanted or needed. The one constant in this behavior is that most members of Congress find a way to take whichever side makes conflict with other states more likely. If the executive wants to launch a war on its own, Congress will stay out of the way, but if it wants to strike a deal that makes a future war less likely to happen they are suddenly very concerned to make their views known.

(Photo: Senator Cory Booker, who is sabotaging his own president’s diplomacy on Iran, by Kena Betancur/Getty Images.)

A Death Blow To Net Neutrality?

Andrew Leonard outlines the effects of a Tuesday court ruling that invalidated the FCC’s net neutrality rules:

In a decision widely seen as a victory for the big telecommunication companies and a defeat for defenders of the “open” Internet, the D.C. Court of Appeals struck down the FCC’s “net neutrality” rules on Tuesday. The decision in Verizon v. FCC effectively gives providers of Internet access the right to discriminate in favor of particular Internet services —  to create “express lanes” on the good old information superhighway. … But the decision is not necessarily a clear-cut ruling that net neutrality is unconstitutional. The court based its decision on a more technical issue: whether or not the broadband companies could be classified as “common carriers” that are not allowed to give special preferences to any users of their network infrastructure. Since the FCC had previously decided that broadband ISPs are not common carriers, the court ruled that the FCC could not then turn around and regulate the ISPs as common carriers.

Juan Cole warns that the ruling could allow “the corporatization of the Internet”:

The reason readers of Informed Comment can reach it as quickly and conveniently as they can reach a multi-billion dollar corporate web site is the principle of internet neutrality, built into the system by Tim Berners-Lee and other architects of the World Wide Web, which went live in 1991. Large private corporations that have been allowed to build out the pipes through which internet traffic flows have long wanted to introduce a different system, of net metering. In essence, if a corporation paid the internet provider a million dollars a year, readers could get to that site immediately. But for a site like Informed Comment without those sorts of bucks, service would be deliberately slowed and readers would have to wait a minute or two for the site to load. Studies have showed that most people won’t wait that way. So the entire independent cybersphere would be made invisible and more or less swept away. A similar thing happened to radio, which was a grassroots medium at the beginning and then was corporatized with government help.

Marvin Ammori isn’t giving up:

Those of us who had been involved with the net neutrality debate knew that, without reclassification, the flawed FCC order would never stand. But there were 100 ways it could have fallen. I thought that the court’s decision would be a baby-splitting half-loss that could enable the FCC to wipe its hands of network neutrality and pretend everything was A-OK. I was wrong on that point. The loss was so definitive, the powers granted to cable and phone companies so outrageous, that the FCC has a live grenade in its lap.

Now, every side is settling on its narrative. AT&T, Verizon, and their allies will argue that the decision means network neutrality is illegal, full stop, and the FCC can never adopt an order. They will also argue that the FCC needs to go to Congress to get more authority. Both arguments are wrong, of course. The FCC has all the power it needs to clean up the mess, simply by doing what [former FCC Chairman Julius] Genachowski—who, it must be said, is a very nice guy—knew he had to do but lacked the spine for.

Drum peers into his crystal ball:

The next step might be an appeal to the Supreme Court or it might be an FCC decision to reclassify the internet as a common carrier. But that’s what it’s come down to. If the Supreme Court upholds this decision (or refuses to hear an appeal), net neutrality is dead unless the FCC or Congress decide to reclassify broadband internet as a telecom service regulated as a common carrier. If they don’t, it will up-end the internet as we know it, with carriers free to provide, say, Amazon or Google with preferred service in return for higher access fees. That could be a big problem for startups—or anyone the telecom providers consider a competitor—who would have to contend with slower service as they tried to build their businesses. The big telecom companies say that’s not what they have in mind, and maybe they don’t right now. But they will. It’s only a matter of time.

Pethokoukis calls the ruling a victory for consumers and the free market:

The FCC rules were meant to impose one-size-fits-all price controls on Internet service providers and force them to treat, as The Wall Street Journal describes, “similar content on their broadband pipes equally.” Sounds innocent enough. Sounds fair. Sounds neutral. But at its core “net neutrality” really is nothing more than an attempt at rent seeking by content providers who want the ISPs to pay the tab for future network upgrades. It’s kind of like Apple lobbying for price controls on shippers like FedEx when transporting iPads from China to America. Whenever the transport firm bought new planes, it would have to eat the cost or pass it downstream to some other customers. In this case, the customers would have been regular consumers.

Bret Swanson agrees:

The court’s basic finding is correct and good for the Internet economy. Common carriage style regulation is not appropriate for the Internet. The Internet is a fast changing, multipurpose network, built and operated by numerous firms, with many types of data, content, products, and services flowing over it, all competing and cooperating in a healthy and dynamic environment. Old telephone style regulation, meant to regulate a monopoly utility that used a single purpose network to deliver one type of service, would have been a huge (and possibly catastrophic) step backward for what is today a vibrant Internet economy.