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Jul 23, 2021Liked by Robert B. Hubbell

Robert,

You know I'm a huge fan, but I disagree with your assessment of Biden's Town Hall performance. I have not seen him much (full disclosure). But given his huge stuttering problem, I think he did remarkably well. He was halting at times, trying to get the words out without stuttering. His mind works faster than his mouth can as he tries to avoid the stutter, so sometimes he didn't finish a thought because his mind moved to another point he wanted to make.

Like you, I have problems with the filibuster and for the same reasons you do. But Margaret Hoover made the point that Biden is an institutionalist, and his position on the filibuster busts holes in the GOP argument he is a radical, left-wing socialist. People tend to be impatient and forget how long and tortured the legislative process is (we didn't have one for four years). So it may be the case that eventually there will be a carve out for voting rights legislation.

You noted the Chou En-lai story. I heard it a little differently, that it was in a conversation with Kissinger. The various versions suggest it was indeed apocryphal. But there's another story, from the movie Charlie's War, about the Zen master. A 14-year-old boy in the village got a horse as a gift. And everyone said, "This is wonderful." And the Zen master said, "We'll see." Later the boy got thrown from the horse and seriously injured his leg. And everyone in the village said, "This is terrible." And the Zen master said, "We'll see." Then a war started, and all the males had to go into the army, but the boy couldn't because of his leg. The villagers said, "This is wonderful." And the Zen master said, "We'll see."

This story applies to pretty much everything, but nothing so much as legislation. Your point about looking at the seconds when we read newspapers certainly is reflected in the ups and downs of the infrastructure negotiations. It's darkest before the dawn, and I don't know if it's even dinner time yet. So we'll see.

But back to Biden. The most important exchange to me was with the Republican restaurant owner. Biden kept on saying that restaurant workers were looking for better pay. He did not attack the restaurant owner for paying too little. It was an implicit but not an explicit attack on the guy. That was a deft way of making a critical point about industries that pay low wages.

The minimum wage for servers in restaurants is an obscene $2.13. Owners are supposed to make up the difference if tips don't bring the wage up to the standard minimum wage of a still obscene $7.25 an hour. Do owners do that? Do they offer health benefits, paid vacations, etc.? I like the restaurants that pay a living wage, increase prices accordingly, and tell diners not to tip. Diners pay the same amount as if they did tip. This is a hard behavior change, and the restaurants that have tried this have had mixed results. But no important change takes place overnight.

I would go to such restaurants BECAUSE they pay a living wage. They should have signs on the door explaining what they are doing so they get credit for it. But I am glad Biden made the case for why restaurants are having such a hard time. The solution is not what the government can do, as the restaurant owner asked (an interesting question for a Republican). The solution is to pay higher wages.

One last point. You said we should trust our instincts and not smother our ability to reason. Instincts and reason are two quite different things. Our reason is malleable and changes depending on the setting. And it's quite fallible, as behavioral economists have proved time and again. Instincts are the product of experience, and while they can err, they tend to be more accurate than reason. For more on this, check out: https://www.nytimes.com/2021/07/20/opinion/ezra-klein-podcast-annie-murphy-paul.html

Regards,

Stan Crock

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author

Hi, Stan. Thanks for your comments. As to Biden's performance, I didn't criticize his delivery. But if you read the factcheck article I linked to, Biden made a number of misstatements that were the result of sloppiness on his part. Town hall meetings do not play to his strengths, so why have them? As to the potential carve out for voting rights, other readers have said that we should discount Biden's statements about the filibuster because he has a secret plan to support a carve out. My response is this: Too many people worked too hard to get him elected for them to be forced to use a Ouija Board to understand what his true intentions are. His statements about ending the filibuster were, frankly, nonsensical. He said that ending the filibuster would result in "nothing getting done." Ending the filibuster would have the exact opposite effect. I was more restrained in the newsletter because I am a fan of Biden's and I want him to succeed. But his comments were unfortunate in the best case, and harmful in the worst case. Democratic faithful are leaving the arena of engagement because they feel that the path forward has been blocked. Biden and the Democrats need to stop pandering to a handful of swing votes in the Senate and tend to the care and feeding of the rest of the party faithful. They will be patient, but not if you tell them that ending the filibuster is a horrible idea that will lead to chaos. Tell them, instead, that there is path forward that involves modifying the filibuster but that we should allow the process to play itself out before we go that route. Biden's idea that the filibuster should be converted into a "standing filibuster" harkens back to his days in the Senate, but will change nothing. Does anyone believe that 41 Republicans would not remain in the Senate to block voting rights legislation? Of course they would. I fear that Biden is misreading the moment within the grass roots. That is my point. I would love to talk prospect theory and heuristics with you all day long, but I think my closing thoughts got it right. I have gone on too long, as it is. Thanks for sharing your thoughts.

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I agree that the justification for the filibuster made no sense. And I have no doubt that if McConnell were majority leader and needed to gut it, he would without blinking.

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You are the best. Yes, Biden is human and fallible. Yes,we all spend too much time navel-gazing.

Go live life—great suggestion!

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Jul 23, 2021Liked by Robert B. Hubbell

As usual, I feel strengthened by the thoughtful priorities you have listed in today’s letter. Zhou Enlai’s answer to the consequences of the French Revolution is priceless. Here’s a cynical take on what the actors on the Supreme Court will do with Roe-Wade. They see it as a political football they can use to play their game. If they kill it, they will lose it. For that reason you can expect pompous, self-preening, laughable contortions of logic to follow and possibly an inconclusive ruling.

A woman’s right to choose an abortion should be protected by the right of privacy, one of those many rights not explicitly mentioned in the Constitution but protected by the ninth amendment.

All of your suggestions about how to help in Virginia are helpful; we will try.

Fred Gardiner

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Thanks, Fred. It is amazing that Justices who claim to be bound the the text of the Constitution treat the statement in the 9th Amendment as if it is meaningless: "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people." But with this Court, if the text doesn't specify a right, it doesn't exist and isn't protected.

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But that’s a simple contradiction to the ninth which expresses the original intent of the most important rights amendment. It is most important because it concerns all the others which are explicitly listed anywhere in the written Constitution. Regarding Judge Souter’s position (which I think was honest) vis a vis Brennan and the earlier reasoning behind Roe-Wade; a person’s private parts are very important to most people.

The tenth amendment is the second most important because it infringes many of the others.

Another question: how did the originalists get their name? In this example they show lazy thinking and willful defiance of the written word.

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Jul 23, 2021Liked by Robert B. Hubbell

I am torn over the Facebook issues. Do we boycott? I doubt that would have much effect, and many of us use the platform for good. I joined originally to stay in touch with far flung family, friends and former students. To watch my former students get married, have children and live their professional lives has been enormously satisfying. Facebook doesn't know what to do with me, because I follow everything from Breitbart to Mother Jones. I don't see many, if any misinformative posts. I have reported a couple. I do know that if you do anything with much regularity it has an effect, especially on advertising. I have an "adopted" Belizean daughter. When she was graduating from HS we spent much time on line on my computer shopping for a prom dress and other fancy wear for graduation week. For months, my ad feed was filled with prom dresses...not exactly of interest to a 70 year old woman!

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I haven't suggested a boycott. But it is important to know that Facebook sees you as a way to make money. Period. If that means shoveling you disinformation, so much the better for Facebook. It sounds like you are sensitive to FB's tactics. Others are more persuadable.

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So...how do we teach others to be less persuadable?

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I think we need to educate them about how Facebook works. 1. It monetizes private information about you in exchange for your access to the platform. 2. It serves information to you for the exclusive purpose of prolonging your time of engagement (i.e., more clicks). 3. The algorithms are designed to drive readers to the extremes of whatever their interests are, even if that means providing you dangerously false information.

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founding
Jul 23, 2021Liked by Robert B. Hubbell

Robert--you spend so much time marinating in the news for your friends, family and readers. Take the weekend off! You deserve it.

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I corrected two statements about Virginia's elections to indicated that Terry McAuliffe is a candidate for governor and that only the assembly in Virginia is up for election, not the Senate.

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founding

Hi Robert,

You are right on target about Biden and the town hall meeting.

I, too, am a supporter of the President, but I downright cringed at his presentation. I couldn’t continue to watch it beyond 10 minutes, I had to walk away.

He seemed, at times, to look like a deer in the headlights, at other times he lost his thread of thoughts, and then there were several points at which even he said something that the audience responded in appreciative laughter but he had no sense that they were enjoying the fun of his words and he followed it with a serious face and a “ No, really! I mean it” like he had really said it in all seriousness, leaving the audience feeling like they misread the intent or the tone of his words. These were moments of total disconnect and self unawareness. It really worries me.

I think he should stick to prepared scripts and deliver them in that very empathic way he has about him.

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