Following on from the mildly good news of a few weeks ago, Barney Frank (D, MA) has announced that he will introduce a bill tomorrow to roll back current restrictions on gambling online (the restrictions are made operative by bans on U.S. banks from processing transactions to and from gambling websites). Although the details of the bill are yet to be released, this here article contains some good analysis.
Cato at Liberty
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Can You Sue for a “Psychic Offense”?
The City of San Diego leases portions of Balboa Park and Fiesta Island to the San Diego Boy Scouts, which use the land to operate a camp and aquatic center. The Boy Scouts use the leased areas for their own events but otherwise keep them open to the general public — and have spent millions of dollars to improve and maintain facilities on the properties, eliminating the need for taxpayer funding. While the Boy Scouts’ membership policies exclude homosexuals and agnostics, the Scouts have not erected any religious symbols and do not discriminate in any way in administering the leased parklands.
Nevertheless, a lesbian couple with a son and an agnostic couple with a daughter challenged the leases under the Establishment Clauses of the U.S. and California Constitutions. Although none of the plaintiffs has ever tried to use the parklands or otherwise had any contact with the Boy Scouts, the Ninth Circuit found they had standing to proceed with their lawsuit because they were offended at the idea of having to contact Boy Scout representatives to gain access to the facilities. The court denied en banc review over a scathing dissent by Judge Diarmuid O’Scannlain.
The Boy Scouts have asked the Supreme Court to review the case — whose outcome conflicts with other federal courts of appeal — and Cato joined the Individual Rights Foundation in filing a brief supporting that petition. Cato’s brief argues that the Ninth Circuit’s decision dangerously confers standing on anybody wishing to challenge the internal policies of expressive associations having any business with local government; chills public/private partnerships of all kinds for reasons disconnected from the beneficial services civic organizations provide the public; and generally represents a radical extension of standing jurisprudence — opening the courthouse doors to anyone claiming to be subjectively offended by any action and manufacturing litigation out of political debates.
The Supreme Court is likely to decide whether to take up the case of Boys Scouts of America v. Barnes-Wallace before the start of the next term this fall.
Rally to Save DC Vouchers Tomorrow. Why?
Tomorrow afternoon at 1pm, supporters of Washington DC Opportunity Scholarships will be rallying in Freedom Plaza to save the school voucher program. Why? That’s easy: Because a federal Department of Education study shows that parents are overwhelmingly more satisfied with it than they are with DC’s public schools. Because the same study shows that the program is raising student achievement above the level in the public schools. Because the children participating in it feel it is giving them a chance to realize their full potential in life — a chance that will disappear if the program is allowed to die, as they have attested in numerous YouTube videos.
The harder question is why Congress — particularly congressional Democrats led by Sen. Richard Durbin (D., Ill.) — want to kill the vouchers. Their stated reason is that it robs money from needy public schools and gives it to private schools that are already flush from lavish tuition fees.
But the voucher program not only does not take money away from DC public schools, the language of the law actually includes an extra $13 million annually for DC public schools, above their normal funding stream. As for lavish vs. needy schools, it’s true that there’s a huge gap between what is spent per pupil on public education in DC and the average tuition charged at the voucher-accepting private schools: a yawning $20,000 gap. The current year budget for the District of Columbia allocates $26,555 per pupil for k‑12 education — up from $24,600 last year. Meanwhile, the Department of Education study linked to above puts the average tuition at voucher schools at $6,620. So vouchers are getting better results at one quarter the cost.
Clearly, Democrats have other reasons for opposing the voucher program, and this letter from the NEA might have a little something to do with it.
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Is Aid Killing Africa?
No individual today is more effectively challenging the foreign aid establishment and the harm it inflicts on Africa than Dambisa Moyo, Zambian author of Dead Aid: Why Aid Is Not Working and How There Is Another Way For Africa. She spoke at a recent Cato book forum and has been ubiquitous in the media. For a sense of her views, here’s an interview I recommend that she recently did with the Australian Broadcasting Corporation.
Brother, Can You Spare A Trillion?
With the economy in a deep recession and policymakers turning to massive government intervention in an attempt to create jobs and bolster the financial system—it feels like the 1930s all over again. Today’s new New Deal is rapidly unfolding, with the Obama administration and many lawmakers making it clear that any question of the success of FDR’s New Deal policies was resolved long ago: government intervention worked, and history bears repeating.
However, there are deep disagreements about the New Deal, and whether Roosevelt’s policies deepened the depression and delayed recovery.
Join us at the Cato Institute on June 1 to be a part of a highly informative half-day conference. Recognized national experts will discuss the economic and legal impact of the New Deal, and how its legacy is being used and misused to shape policy responses to current economic hardships.
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Name That Company: Fiasco
NPR asks listeners what the new company created by President Obama out of the remains of the Chrysler corporation, to be controlled by the United Auto Workers, funded by the American taxpayers, and managed by Fiat, should be called.
One listener suggested AutomObama, with the slogan “You’ll Be Paying on It for Years.” Another offered “FIAT: Fix It Again, Barack.”
Of course, the name Fiat works pretty well for this new company. After all, “fiat” means, according to Webster’s, ” a command or act of will that creates something without or as if without further effort” or “an authoritative or arbitrary order.” (And note that when you look up “fiat” in Webster’s, you get an ad for the new company.)
But it’s hard to beat the name suggested by most listeners: Fiasco.
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Pakistan’s Critical Hour
I’m sympathetic to Ahmed Rashid’s arguments expressed in today’s Washington Post. The Pakistani journalist argues that President Obama’s plan to dedicate $1.5 billion annually to Pakistan in non-military spending “will also affect America’s image in Pakistan and the region.” However, I’m having trouble with his previous point: “The speed and conditions with which Congress provides emergency aid to Islamabad will affect the Pakistani government and army’s ability and will to resist the Taliban onslaught.”
For many years, the U.S. government has shoveled billions of dollars in aid to Pakistan (almost $20 billion since 9/11). Certainly in the tribal areas, non-military aid directed to education and comprehensive study programs can help to mitigate the spread of militancy among younger generations. But a coherent distribution mechanism must be in place or else no one in Pakistan will benefit. Given the problems of corruption and mismanagement afflicting the distribution of military aid, why should we expect the distribution of non-military aid to be more effective? Besides, there is very little Washington can do to “affect” Pakistan’s “will” to resist the Taliban. Ahmed Rashid, General Petraeus, and many others are correct to conclude that to be truly effective at combating internal insurgencies, Pakistan must re-orient its military away from conventional threats-such as India-and toward the low-intensity guerilla insurgency the army is presently ill-equipped and poorly trained to fight. But before Pakistan gains the capability to attack insurgents they must first find the willingness to do so.
With regards to the general alarm about militant incursions into valleys outside of Swat, this is certainly warranted. Militants have burned down or blown up over 200 schools, beheaded opponents, and forces tens of thousands to flee. But like I mentioned to my good friend and colleague, Ed Crane, the Taliban have no F‑16s, no tanks and no means of taking over a country of 172 million people. India was certainly instrumental in the break up of Pakistan in 1971. But even India failed to conquer a large part of West Pakistan or takeover the country entirely. Granted, these militants are scary folks, but we need a bit of nuance on the whole “Pakistan is imploding” meme coursing through the Beltway. As I elaborate here, “Balkanization” of Pakistan, which I foresee as a distinct possibility, is much different then seeing the complete collapse of civilian and tribal administration.
Also, if America is worried about Pakistan’s imminent demise, U.S. policymakers and defense planners must understand that the coalition’s presence in Afghanistan threatens to further destabilize Pakistan. The vast majority of Pakistanis are not radical. But the spread of tribal militias in the northwest, tens of thousands of refugees (and certainly some militants) fleeing into major cities from aerial drone strikes, and widespread distrust of America’s intentions in the region, all place undue stress on a nation already divided, weak and fragile. As I argue in my recent policy analysis:
President Obama remains unequivocal in his commitment to continue airstrikes. But he and his policy planners must recognize that continuing airstrikes will undermine the authority of President Zardari, as well as Obama’s ability to coordinate policies effectively with Pakistan’s civilian and military leaders. The president’s national security team must understand that the struggle against extremism would best be waged by bolstering Islamabad’s ability to compete with militants for political authority in FATA. If his administration simply increases attacks from pilotless drones, it will only push more wavering tribes further into the Taliban camp, continue his predecessor’s policy of dictation, rather than cooperation, and undermine the perception within the Pakistani body politic that Obama can change U.S. policy toward the Muslim world.
Aside from ceasing aerial drone strikes, another way to help America’s image is in the region is for prominent U.S. decision-makers to stop publicly speculating about the fate of their democracy, as Petraeus did last week. America has a history of sponsoring insurgents, financing coups, and funding internal dissidents against democratically-elected leaders. Regardless of intent, Washington is perceived as being blatantly manipulative and endorsing a military takeover when we make reckless statements like this.