Monday, June 18, 2012


The new House Republican budget unveiled by Congressman Paul Ryan last week does many things. Ryan’s so-called “Path to Prosperity” would deliver yet another massive tax cut windfall for the wealthy and pay for it by gutting the social safety net he pretends to protect. “Ryancare” would end Medicare as we know it with a premium support gambit that would dramatically shift health care costs to America's seniors. While increasing defense spending, the House Budget Chairman would repeal the Affordable Care, slash Medicaid by a third and leave an estimated 48 million more people without health insurance. And despite his lofty pledges to eliminate many tax loopholes and deductions to fund his gilded-class giveaway, Paul Ryan doesn’t have the courage to say which ones.

Which is why the Ryan plan does not do the biggest thing it claims to achieve. Rather than reducing the U.S. national debt, Paul Ryan’s House GOP budget would bleed trillions in more red ink from the U.S. Treasury.

Nevertheless, as Heather of Crooks and Liars’ Video CafĂ© pointed out, Republicans and their water carriers at Fox News continue to pretend otherwise. On Sunday morning, Mike Huckabee aided GOP Rep. Tom Price (R-GA) in perpetuating that myth:

HUCKABEE: Well, one of the things that your committee has put forth this week Congressman is a chart. It's pretty startling and it shows that if we continue on the current trajectory, here's what happens to really the debt as a share of the economy verses Congressman Ryan and your committee's plan. You see in the green, that's the path that Congressman Ryan has that gets us back to a balanced budget.
Frankly, it takes a while, to the year 2040, but describe what happens if we don't do something pretty bold.

PRICE: Well, you see the gray on that chart on the left side of the chart is the amount of debt, the percentage of debt that relates to the gross domestic product that we've had in this country since 1940 until now. The red is not made up. That is the President's budget. That's the current plan that the President has in order to get this economy rolling...That's just going to kill us as a country. So what we believe again is there are responsible, positive ways to solve this. The green on the chart is that responsible way, which gets us on a path to balance and then allows us over period of time, yes a significant period of time, but allows us to pay off the $15 trillion plus in debt that this country has.

As it turns out, not so much. There’s nothing “responsible” or “positive” about it.
That may seem like a surprising result, given Rep. Ryan's declaration that his mission is to "prevent an explosion of debt from crippling our nation and robbing our children of their future." But even with his draconian budget blueprint that cuts Medicaid by a third, ends Medicare as we know it, adds 48 million people to the ranks of the uninsured and by 2050 would result in ending all non-defense discretionary spending, over the next decade Ryan would unleash torrents of red ink from the U.S. Treasury. Ezra Klein explained how Paul Ryan came up $6.2 trillion short:

The Tax Policy Center looked into the revenue loss associated with House Budget Chairman Paul Ryan's plan to cut the tax code down to two rates of 10 percent and 25 percent. They estimate the changes would raise $31.1 trillion over 10 years, or 15.4 percent of GDP. That's $10 trillion less than the tax code would raise if the Bush tax cuts were allowed to expire, and $4.6 trillion less than it would raise if all of the Bush tax cuts were extended.

The Republican congressman says he'll "broaden the tax base to maintain revenue...consistent with historical norms of 18 to 19 percent." So let's say Ryan needs to find close-enough deductions and loopholes to hit 18.5 percent of GDP. That means he'd need to close about $6.2 trillion in tax deductions and loopholes over 10 years.

(See chart after the break.)
And so far, Ryan hasn't had the courage to name a single deduction he would end or loophole he would close. As Matthew Yglesias pointed out, in Ryan's 13-page description of his tax reform vision, those politically tough choice are completely missing:

Thirteen pages dedicated to explaining his vision for revenue-neutral tax reform. And even so he manages to not name a single tax deduction that he's planning to eliminate. Home mortgage interest deduction? I dunno. Electric vehicle tax credit? I dunno. Deductibility of state and local income taxes? I dunno.
Rolling out his plan on Tuesday, Ryan admitted as much. The responsibility for making the numbers work and taking the heat for ending popular deductions would go to House Ways and Means Committee, which Ryan claimed would "show how they would go about doing this." It's no wonder Greg Sargent said Ryan's "Path to Prosperity" plan simply "is not serious" while the New York Times called it "careless."
And one other thing. Over the next 10 years, the Ryan House budget would add substantially more to the national debt than President Obama's proposed 2013 plan.

As the Center for American Progress explained, the Congressional Budget Office (CBO) assessment of the Ryan budget "did not test Rep. Ryan's claims about how his policies would actually affect spending or revenue," but "merely showed what would happen to the debt if his claims were true." In a nutshell, they are not:

But the House budget's entire claim to deficit reduction is built on the foundation of those fantasy revenue levels. Without them, the debt goes up, not down. In fact, with all the House budget's tax cuts properly accounted for, revenue would average just 15.3 percent of GDP from 2013 through 2022, not 18.3 percent. The result: deficits would never drop below 4.4 percent of GDP, and would rise to more than 5 percent of GDP by 2022.

The national debt, measured as a share of GDP, would never decline, surpassing 80 percent by 2014, and 90 percent by 2022. By comparison, President Barack Obama's budget proposal, released in February, would stabilize the debt by 2015, and bring it down to 76 percent by 2022.

If this all sounds familiar, it should. Because just last month, Mitt Romney also rolled out a new economic plan, one which similarly hemorrhages red ink in part because it refuses to name a single deduction it would eliminate. After Romney insisted his plan “can't be scored, because those kinds of details will have to be worked out with Congress,” Ezra Klein pointed out the obvious:

"Let's be clear on this: A tax plan that can't be scored because it doesn't include sufficient details is not a plan. It's a gesture towards a plan, or a statement of intended direction, or perhaps an unusually wonky daydream. But it's not a plan."

Writing in the New York Times, conservative columnist Ross Douthat admitted as much, pleading with his readers to focus on the Ryan budget’s “structure, not numbers.” Meanwhile, his Times’ colleague Paul Krugman wondered why “Very Serious People” are once again suffering from a case of Paul Ryan’s “flim-flam fever”:

“Are they willing to concede, at long last, that he’s a clown?”
(Hat tip to Heather for capturing the preposterous Price-Huckabee exchange.)


John Nichols on March 26, 2012 - 12:18 PM ET

Wisconsin is a rod-and-gun state, with a hunting history that has fostered traditions of broad gun ownership and respect for the right to bear arms.

So how did Wisconsin get saddled with a “Castle Doctrine” law that mirrors some of the worst aspects of the Florida legislation that's now at the center of the controversy over the killing of 17-year-old Trayvon Martin.
Not because sportsmen and women, law enforcement officers, legal scholars or grassroots citizens decided Wisconsin should borrow bad ideas from distant states.

Wisconsin has a "Castle Doctrine" law because the American Legislative Exchange Council, the corporate-funded group that aligns special-interest organizations and corporate donors with pliable legislators, made the Florida law "model legislation." Then ALEC-aligned political insiders such as Assembly Majority Leader Scott Suder, a national ALEC task-force member, and Governor Scott Walker, an ALEC alumnus, introduced, passed and signed “Castle Doctrine” legislation—despite warnings from Wisconsin law enforcement leaders and responsible gun owners that it was a poor fit for the state.

How poor a fit became evident last week, when the district attorney in Wisconsin's Washington County announced that he would not pursue a serious inquiry into the death of Bo Morrison, a 20-year-old Wisconsinite who was shot and killed in the village of Slinger. Morrison, who had been at an underage drinking party that was broken up by the police, was one of a number of young people who ran and hid in the surrounding neighborhood. He was hiding on the porch of an adjacent home when the homeowner—who knew police were in the area—shot him in the chest. The DA determined that the homeowner was protected from prosecution by the state's new "Castle Doctrine."

The Wisconsin case is complicated, and no one has suggested that Morrison was a perfect player. But he was unarmed. And there is no evidence that he physically or verbally threatened the shooter. For that reason, the decision of the DA , and the narrowing of options for a proper investigation by the "Castle Doctrine," has provoked outrage from citizens and some legislators. State Representative Chris Taylor, a Madison Democrat and a lawyer who was outspoken in her opposition to the measure last year, now says:  “It is heartbreaking that the legislature allowed this reckless law to go forward and now a young man is dead,” concluded Taylor. “This law encourages people to resort to vigilantism and use deadly force instead of calling the police. This is a barbaric law that must be immediately repealed.”

But how did the legislature enact a measure that is so out-of-synch with the state's traditionally well reasoned approach to gun rights, self-defense protections and the rule of law?
Wisconsin circumstance is like that of many states that find themselves with laws that owe more to the heavy hand of the American Legislative Exchange Council—and the determined lobbying of the National Rifle Association—than to realities on the ground of the concerns of citizens.

The genesis for the Wisconsin law Wisconsin was a 2005 Florida law, which provided immunity to individuals who use deadly force against unarmed persons whom they imagine to be threatening. The Wisconsin law provides that immunity for shootings that take place on or around dwellings, businesses and vehicles, while the Florida law includes broader "stand your ground" language that protects shootings in public spaces. But the distinction is slimmer than it seems, as Wisconsin statutes extend the definition of a "dwelling" out to porches, fence lines and sidewalks.

Florida's law was sponsored by Republican legislators who were ALEC members. They dismissed explicit and repeated warnings that this measure would encourage shootings like that of Trayvon Martin. The same went for Florida Governor Jeb Bush, who signed the measure and declared it a “common sense” reform.

While the ink was still drying on the Florida law, ALEC moved to take it nationwide. Working with NRA lobbyists and representatives of big retailers that profit from gun sales, ALEC's "Criminal Justice Task Force"(now the "Public Safety and Elections Task Force") developed "Castle Doctrine" model legislation for promotion in other states.

For the most part, ALEC’s model legislation is designed to ease taxes and regulations for corporations, while weakening unions and undermining tort laws. But the shadowy Koch brothers–funded network—which brings together state legislators who cannot think for themselves with corporate interests and pressure groups that are more than happy to think for then—dabbles in electoral and public safety issues.
That's what happened seven years ago, when ALEC's members approved model legislation that mirrored the Florida law’s assertion that a gunman can use "deadly force if he or she reasonably believes it is necessary."

ALEC-aligned lawmakers in states across the country began promoting the model legislation—sometimes in mirror form, sometimes with modest alterations—advanced. After Republicans gained complete control of state legislatures in states such as Wisconsin after the 2010 elections, the process accelerated. According to the Center for Media and Democracy, which organized the ALEC Exposed project, “Since becoming an ALEC model, sixteen states have passed laws that contain provisions identical or similar to (Florida's law)."

ALEC even highlighted the fight on its "legislative scorecard”—giving states extra credit for passing it. Wisconsin did so last fall, when Assembly Majority Leader Suder and Senate Majority Leader Scott Fitzgerald moved a "Castle Doctrine" bill to the top of the legislative agenda.

Suder and Fitzgerald, of course, deny they are ALEC automatons. But Suder has for a number of years been a member of the ALEC Public Safety and Elections Task Force that taken the lead in promoting the "Castle Doctrine" model legislation. He has also served as ALEC's legislative chairman for Wisconsin. Fitzgerald has been a regular as national ALEC events and went out of his way as he assumed the majority leader position to talk up his enthusiasm for legislative initiatives he learned about at the group's post-2010 election conference in Washington.

Suder, Fitzgerald and Walker advanced the ALEC model legislation in Wisconsin even though the state a strong tradition of respecting "self-defense" claims in shooting cases, and even though the State Bar of Wisconsin's Criminal Law Section argued that new legislation was unnecessary to protect homeowners from unfair prosecutions. Indeed, Marquette Law School Professor Gregory O’Meara, a former chairman of the Criminal Law Section, warned with regard to the "Castle Doctrine" proposal that: “It could actually give a presumption in favor of a murderer."

What happens when legislators pass laws without considering their consequences—or the unique circumstances of the state in which they are being passed? The Florida Department of Law Enforcement suggests that killings that have gotten a "justifiable homicide" pass have tripled since Jeb Bush signed that state's law. And as Representative Taylor noted after the Washington County prosecutor deferred to the "Castle Doctrine" in the Slinger, Wisconsin, case,  “Now a young man, like in Florida, has been killed, and a family mourns the loss of a son. What a senseless tragedy.”

Florida may have been the pioneer. But thanks to the American Legislative Exchange Council, it is now just one of many states, including Wisconsin, that have enacted variations on the "Castle Doctrine." These laws are not products of the political or legislative processes of sovereign American states, nor are they smart extensions of necessary protections for gun ownership. They are one-size-fits-all legislative "fixes" for problems that never existed—imposed upon states that now must deal with the messes that ALEC creates.