CA v. EPA

Today the state of California joined with 15 others to sue the federal government over the EPA’s decision to deny the granting of a waiver to the state to regulate their own greenhouse gas emissions under Fran Pavley’s 2004 tailpipe law.  The odds are absolutely in favor of California winning this lawsuit.  Never since the passage of the Clean Air Act in 1970 has the EPA ever denied such a waiver, and the legal justifications are extremely cloudy.  However, the government has succeeded in delaying implementation, which is really all they’ve set out to do.  So expect this to be a long and drawn-out fight that will probably not be resolved until after the choosing of a new President in November.

Does redistricting actually mean anything?

I’ve not been all that coy on the fact that I think California’s government, structurally is not built on a solid foundation. We have our messed up tax code that taxes the poor at a higher rate than the rich. (Yup it’s true…mad props out to Peter Camejo for pushing this theme. Oh and Warren Buffet who once famously said that his housekeeper paid higher taxes than he did…only to be muzzled by Arnold, whom he was advising at the time) We have issues like the 2/3 rule that hinder true representative democracy. And don’t even get me started on the issue of ballot box budgeting.  Ok, actually, maybe just a little bit.

Flip it…

Look, democracy is cool. I love the feeling of the raw democratic (small d) power of the initiative process. But unless you are the size of ancient Athens when all the voting-eligible citizens could meet in one meeting room (it’s a lot easier when you exclude all but the rich, male landowners), direct democracy has some serious flaws.  I know Hiram Johnson meant well when he pushed to remove the power from the railroads that controlled the legislature at the time, but these are different days. Heck, back in the day the California legislature actively encouraged genocide. I hope we are at a different point in history.

Take, for example the Runners. As I mentioned a few days ago the Runners, who passed the horribly drafted Jessica’s Law, are looking into quashing gangs. Problem is that the way they want to do it is to push more gang members into prisons…whereupon they become more active in the gangs of the prison. Wonderful!

There is no panacea. Neither open primaries (which former Assembly member Joe Canciamilla is very, very fond of), nor splitting the property tax rolls (although that would be a really good start) nor anything else would solve all the problems. Each reform comes with its own benefits and its own drawbacks. For example, take a look at reapportionment reform. All the proposals now are to take this power away from the legislature and give it to some other party. Great, but how do you select that group. Oh, and by the way, you’ve now created an unelected, unaccountable body, likely consisting of Californians who don’t have much of a background in the science of drawing district lines. Sure, we could reject the maps, but then it’s back to square 1. All in all not that attractive of a possibility for the accountability thing.

Oh, and one other major flaw of relying on reapportionment to “moderate” our representatives (other than the fact that many of us don’t really want to see our representatives moderated): it likely won’t succeed. Which districts that were uncompetitive will become competitive? I’m sure you could count the number on a single hand. Oh, sure, a less generous plan to incumbents likely would see greater minority representation, which isn’t a bad idea, either, but it’s just really, really hard to point at districts and say, that seat will be newly competitive, so those legislators will have to be more “moderate”. As much as Common Cause or the Governor want it to be so, it’s just not going to have the effect that they desire.

For better or for worse, America has gradually, and now very pointedly, segregated ourselves along political lines. San Francisco is a progressive area, with a large bloc of progressive voters, and It’s just not possible to make the district competitive. Those who have chosen to live in the vast suburbia that is the OC have consciously chosen that. And furthermore, where districts do spread long distances, there are currently general interests that unite those distances. (Take CA-01, where Mike Thompson represents all of the North Coast, much of which has very commen interests when compared to the interests of say, Redding) To argue that we can somehow draw political lines that are going to change the game is either naive or colored by unrealistic optimism.

CA-12 Lantos Retiring

Rep. Tom Lantos has been diagnosed with esophageal cancer and will not be running for re-election.  Here is a bit of background on Lantos and his statement: examiner.com

Lantos, 79, is the only Holocaust survivor elected to Congress and is known for his dedication to human rights issues. He is serving his 14th term as a House member.

“It is only in the United States that a penniless survivor of the Holocaust and a fighter in the anti-Nazi underground could have received an education, raised a family, and had the privilege of serving the last three decades of his life as a member of Congress,” Lantos said in a statement. “I will never be able to express fully my profoundly felt gratitude to this great country.”

I am sad to hear of Lantos’s illness.  He has indeed lived a remarkable life, though I differ greatly from his hawkish positions with respect to Israel.

This does mean that there will not be a primary challenge in this district.  Jackie Speier had already announced that she would be running against Lantos.  I am bummed, that would have been a fun race and one that the blogosphere would have been heavily involved in.  Look for Sen. Leland Yee to also run for this seat.  It is not that often that there is an open House seat in the bay.  This is a deep blue district and it deserves to be represented by a progressive.  

Here is the full statement from the Speaker’s blog:

“Routine medical tests have revealed that I have cancer of the esophagus. In view of this development and the treatment it will require, I will not seek re-election.

“It is only in the United States that a penniless survivor of the Holocaust and a fighter in the anti-Nazi underground could have received an education, raised a family, and had the privilege of serving the last three decades of his life as a Member of Congress. I will never be able to express fully my profoundly felt gratitude to this great country.

“Throughout my adult life I have sought to be a voice for human rights, civil liberties and social justice, both at home and around the world. My wife, Annette, and I look forward to continuing this vital work with purpose and verve every day for the remainder of my term.

“Annette is my full partner both in Congress and throughout my life; she has dedicated herself to promoting human rights, and she sustains me daily.

“I am fortunate beyond measure to be surrounded by loving family members, including two daughters and sons-in-law, 17 grandchildren and two great-grandchildren.”

Tom Lantos was elected to Congress in 1980 and is in his 14th term in office. His Democratic colleagues elected him chairman of the House Committee on Foreign Affairs in January 2007. He is a senior member of the House Committee on Oversight and Government Reform. The only Holocaust survivor ever elected to Congress, Tom is the founding co-chairman of the 24-year-old Congressional Human Rights Caucus, for which Annette has directed as a volunteer since its inception.