Economy

Issues ››› Economy
  • Wash. Post: College Debt Forces Students To Take Jobs “Without Long-Term Prospects”

    Research Shows Economic Difficulties Are Still A Major Concern For Recent Graduates, Especially Women And African-Americans

    Blog ››› ››› ALEX MORASH

    The Washington Post reported on the economic prospects of the Class of 2016, saying that while the economy has improved, wages are still down for recent graduates, and the mounting debt thrust onto students forces many to take jobs with poor advancement opportunities.

    In a May 2 article for The Washington Post’s Grade Point education news blog, reporter Danielle Douglas-Gabriel reported that while hiring continues to improve for recent college graduates, job prospects are still poor, and the increasing debt burden faced by graduates forces them to take jobs -- if they can find one -- that may have no chance of wage growth or career development. The Post highlighted findings from the Economic Policy Institute (EPI) showing that nearly seven years after the end of the Great Recession, recent graduates still face many employment hurdles, namely lower pay and higher amounts of student debt.

    While the unemployment rate for recent graduates is “only a tenth of a percentage point” above pre-recession levels, the Post wrote, “nearly 13 percent of young college graduates are currently underemployed, compared to 9.6 percent nine years ago.” As wages are still low for recent graduates, student debt burdens continue to climb and the Post reported that it is likely “the average Class of 2016 graduate will leave school with five-figure debt.” The piece said student debt burdens “likely will force graduates to accept jobs without long-term prospects for career or wage growth.” These and other factors spurred EPI to conclude that new graduates likely will earn less in the next decade than those who graduated before the recession.

    EPI also found that prospects for recent graduates are bleaker for women and African-Americans, a point Media Matters has also highlighted. According to the Post, the national average unemployment rate for college graduates is 5.6 percent, nearly double the 9.4 percent unemployment rate EPI found for black college graduates. Since 2000, the gender gap for recent graduates has widened; female graduates today make 6.8 percent less than their counterparts did in 2000 compared to male college graduates, who now earn 8 percent more than male graduates did 16 years ago.

    From The Washington Post:

    If the last few years are any indication, the average Class of 2016 graduate will leave school with five-figure debt. That albatross likely will force graduates to accept jobs without long-term prospects for career or wage growth, according to a new study from the Economic Policy Institute. Analysts at the think tank say that despite the rosy overall employment picture, graduates actually face a tougher labor market than they would have before the 2008 recession. Degree-holders, they say, still contend with elevated levels of unemployment and underemployment, and a large share are neither employed nor pursuing advanced degrees — in other words, they are idling.

    “Although there have been small improvements, there is still a lot that’s problematic about this economy for young college grads,” said Teresa Kroeger, a research assistant at EPI who co-authored the study. “Wages are still performing poorly. And we see still disparities between genders and racial groups.”

    […]

    Analysts at EPI say unemployment for young black college graduates hovers at 9.4 percent, higher than the peak unemployment rate for young white college grads during the recession. And gender wage inequality has grown, with male college grads earning 8 percent more this year than in 2000, while young women with degrees earned 6.8 percent less than in 2000.

    Perhaps the most troubling prediction from the institute posits that newly minted grads as a whole likely will earn less and have more spells of unemployment during the next 10 to 15 years than if they had graduated before the downturn.

  • Fox & Friends Follows Conservative Playbook To Spin GDP Report, Mislead On Obama’s Economic Record

    Blog ››› ››› CRAIG HARRINGTON

    On the April 29 edition of Fox News’ Fox & Friends, Fox Business host Stuart Varney joined co-hosts Ainsley Earhardt, Brian Kilmeade, and Steve Doocy for a segment slamming President Obama’s record on the economy. The segment was a response to Obama’s recent interview with The New York Times, during which the president discussed how markedly the economy has improved since 2008 and what he hopes will be his economic legacy. The segment seemed to unwittingly mirror the right-wing playbook for downplaying positive economic gains during Democratic administrations by relying on false conservative talking points to dismiss economic growth and tout failed tax policies:

    Fox’s 3 Percent Growth Target Is Arbitrary And Ignores American History

    The segment opened with Kilmeade and Varney making the false claim that Obama is “the only U.S. president who could not deliver a single year of three percent growth.” It is not clear why Fox News is fixated on growing the economy at an average rate of three percent annually. Regardless, Kilmeade’s claim that Obama is “the only” president not to clear that bar is false.

    According to data from the Bureau of Economic Analysis (BEA), which only has consistent annual data from 1930 to the present, Republican president Herbert Hoover didn’t just fail to hit three percent growth, he failed to hit zero percent growth. The economy contracted at a rate of -8.5 percent in 1930, -6.4 percent in 1931, a staggering -12.9 percent in 1932, and -1.3 percent in 1933. The contraction in 1933 may have been greater, had Franklin Delano Roosevelt not replaced Hoover in the White House in March of that year, initiating substantial government stimulus projects known as the New Deal. Reliable GDP estimates prior to 1930 are difficult to find, but those data that are available show four consecutive Republican presidents overseeing economic growth of less than 2 percent from 1871 to 1885. Over the course of the next 45 years the economy swung wildly between boom and bust cycles, including several deep depressions, before the Great Depression and FDR’s subsequent creation of oversight mechanisms that work to maintain relative economic stability.

    Varney Consistently Misleads On The Economy

    Fox Business host Stuart Varney is supposed to be a serious voice for analysis and expertise at the network, but Varney is a serial minformer, who creates confusion on economic issues.

    In November 2014, Varney predicted that a Republican takeover of the Senate would usher in an era of “3 to 4 percent” growth, which he now complains hasn’t happened. The economy grew at a 2.4 percent pace in 2014, and continued to grow at a rate of 2.4 percent after the GOP took over complete control of Congress in 2015. Yesterday, when the Commerce Department figures were first released, Varney wondered if the economy growing at a slightly slower rate than experts had predicted was proof that we are “sliding toward recession” -- his comments came just moments after an actual economist was on CNBC debunking the idea.

    In the past week, Varney has attacked impoverished children for soaking up too many government benefits and watched idly as an economist easily debunked conservative demands for more tax cuts and deregulation to spur the economy. Since the start of the year Varney has been an unceasing source of misinformation on the minimum wage, has misled on the funding structures of public-sector unions, has lamented a proposal to pay people for the hours they work, and has attacked “ridiculous” anti-poverty programs that help struggling families and save taxpayers money.

    Fox News Follows The Conservative Misinformation Script To Perfection

    In an April 28 blog post, Washington Post columnist Paul Waldman explained how Republicans mislead the American public about the health of the economy by ignoring positive economic trends. The focus of Waldman’s comparison was the “objective reality” of progress and areas for improvement specified by Democratic presidential candidate Hillary Clinton and the “laughable fantasy” of “an absolute (economic) nightmare” outlined by Republican front-runner Donald Trump, but it could have just as easily been any of the personalities at Fox News. This April 29 Fox & Friends segment that mislead on GDP is one very good example.

    In Waldman’s piece, he hit Trump for pretending tax cuts are the solution to economic growth -- they are actually a proven failure. Varney often repeats this same tax cut talking point at Fox. When Earhardt asked on Fox & Friends “what is the reason for these bad numbers” on the economy, Varney slammed “massive regulation, constant government borrowing” and “overspending to raise the debt” -- exactly the talking points for which Waldman hit Trump the day before.

  • Wash. Post Debunks Right-Wing Myth That The Gender Wage Gap Results From Women's Choices

    New Research Shows The Gender Pay Gap Is Widening For College Graduates

    Blog ››› ››› CRAIG HARRINGTON

    The Washington Post highlighted new research demonstrating that pay disparities between men and women “start earlier in their careers than frequently assumed and have significantly widened” among college graduates in the past year. The research debunks a claim frequently promoted by right-wing media outlets that the obvious pay discrimination faced by millions of American women is the result of their personal and professional choices.

    In an April 28 post for The Washington Post's Wonkblog, reporter Danielle Paquette highlighted research from the Economic Policy Institute (EPI) and American Association of University Women (AAUW) demonstrating that pay disparities between men and women start as soon as students graduate from college, persist regardless of chosen career fields, and are actually worse for college graduates than for women with only a high school education. The research stands as yet more evidence against the misleading claim frequently pushed by conservative media outlets that the gender pay gap, if it exists at all, is actually the fault of women who pursue less lucrative professions and forgo career opportunities to have children and raise a family.

    From The Washington Post (emphasis added):

    Pay disparities between men and women start earlier in their careers than frequently assumed and have significantly widened for young workers in the past year, according to a report from the Economic Policy Institute.

    Paychecks for young female college graduates are about 79 percent as large as those of their male peers, the think tank found -- a serious drop from 84 percent last year.

    The sudden change follows a more gradual shift. In 2000, women ages 21 to 24 with college degrees earned 92 percent of their male counterparts’ wages on average, which was unchanged from 1990.

    Regardless of their education, young women typically earn less money than young men in the United States. Female high-school graduates, ages 21 to 24, now earn an average of 92 cents for every dollar paid to their male counterparts.

    [...]

    Some have argued that the wage gap, at any stage of a woman’s life, starts with her choices. Women are more likely than men to scale back at work when they start a family, for instance. (Employers are also more likely to reward fathers and penalize mothers.) But EPI's data shows that the gender wage gap cracks open right after college graduation, well before decisions like maternity leave can affect women’s earnings.

    [...]

    A 2015 AAUW report of workers one year out of college found considerable pay differences between men and women in the same career fields.

    Women who majored in business, for example, earned an average of $38,000, while men bagged just more than $45,000. In engineering, computer and information sciences fields, young female graduates earned between 77 and 88 percent of what their male colleagues made.

    Across all fields, after controlling for major, occupation and grade-point average, the report found women still earned 7 percent less than men.

  • Washington Post’s Waldman Explains How Donald Trump And Conservatives Spread Misinformation About The US Economy

    Paul Waldman: Between Republicans And Democrats’ Visions Of The Economy, "Only One Is Based In Reality"

    Blog ››› ››› JARED HOLT

    The Washington Post’s Paul Waldman described how GOP front-runner Donald Trump and conservatives are spreading misinformation about the economy to downplay economic success made during the Obama administration. Trump’s misinformation has been fueled and perpetuated by right-wing media outlets like Fox News.

    In an April 28 op-ed, Washington Post opinion blogger, Paul Waldman explained how Republicans are misleading about the health of the economy while dishonestly ignoring positive economic trends. Waldman specifically highlighted Donald Trump’s misinformation and how it drastically contrasted with reality:

    Here’s Donald Trump’s economic story:

    The economy is an absolute nightmare. Americans are living in such misery that they’re practically eating their own shoes in order to survive. If we cut taxes on the wealthy, reduce regulations on corporations, renegotiate trade agreements, and deport all illegal immigrants, then our economy will be spectacular and working people will experience American greatness again.

    [...]

    Trump’s story is the same one other Republicans tell, with the addition of the idea that “bad deals” on trade have had a crippling effect on the country. For the moment we’ll put aside the merits of Trump’s claim that imposing enormous tariffs on Chinese goods will cause all those jobs sewing clothing and assembling electronics to come pouring into the United States, but the political question around Trump’s story is whether people will believe his over-the-top description of both what’s happening now and the transformation he will be able to produce.

    […]

    Today, the objective reality is a lot closer to the way Democrats describe it, in large part because they aren’t offering an extreme version of their truth. If Obama and Clinton were more rhetorically similar to Donald Trump, they’d be saying that this is the greatest economy in the history of human civilization, everybody has a terrific job, and there’s so much prosperity that the only question any American has is whether to spend their money on everything they could ever want or just roll around in it like Scrooge McDuck.

    But they aren’t saying that. Instead, they’re attempting the tricky balancing act of emphasizing the progress Obama has made while acknowledging the long-term weaknesses in the economy. Both of those things are real. Since the bottom of the Great Recession early in Obama’s first term, the economy has added 14 million jobs, and unemployment is now at 5 percent. On the other hand, income growth has been concentrated at the top and Americans still feel uncertain about their economic futures.

    Donald Trump has chosen to pretend that the good things about the American economy don’t exist, and weave a laughable fantasy about what his policies will produce (“I will be the greatest jobs president that God ever created”).

    Trump’s misinformation echoes right-wing media, who often stoke fears and downplay positive changes in the U.S. economy.

  • Fox's Varney Dubiously Claims US Is "Sliding Toward Recession" After Economy Grows Slightly Less Than Expected

    Stuart Varney: "It Is Legitimate To Use The Word Recession" Despite Seven Consecutive Quarters Of Economic Growth

    Blog ››› ››› ALEX MORASH

    Fox Business host Stuart Varney misleadingly used the Commerce Department's most recent economic growth estimate to claim the United States is "sliding toward recession." In reality, there are many reasons to believe economic activity will pick back up in the spring and summer this year.

    On the April 28 edition of Fox Business’ Varney & Co., Varney used the Commerce Department’s quarterly GDP report, which estimated economic expansion to be 0.5 percent in the first three months of 2016, to claim America is “sliding toward recession.” Guest Julie Roginsky attempted to correct Varney's characterization of the economy, explaining that the United States' economy is still growing and has created nearly 15 million new jobs over the course of “73 consecutive months of job growth,” but she couldn't budge the host from his talking points. Varney concluded the segment by claiming that the economy's supposed "downtrend" creates a "political problem" for Democratic politicians like Hillary Clinton:

     

    The last recession, which the National Bureau of Economic Research defines as “a significant decline in economic activity spread across the economy, lasting more than a few months,” began in December 2007 and ended in June 2009. According to data from the Bureau of Economic Analysis, first quarter economic growth has typically lagged behind growth for the rest of the year since the economy emerged from the Bush-era Great Recession:

    Varney’s warning that a recession may be imminent does not match expert analysis. On April 28, The Washington Post reported that “most analysts say that the United States faces little risk of recession.” Reuters reported that "a pick-up in activity is anticipated" in the coming months "given a buoyant labor market." In fact, while Varney was pushing his dire warning about the state of the economy, Bank of America economist Ethan Harris was on CNBC's Squawk Box explaining how one could assume a recession is happening in the first quarter of almost every year “if you don’t adjust the data,” because “the winter hits” and the “shopping season ends.” In an interview with ABC News, economist Ian Shepherdson acknowledged that the current data "looks grim, but the second quarter will be much better."

    Varney is a serial misinformer on the economy, repeatedly attempting to spin data to claim President Obama’s economic policies have failed, even though the president’s economic legacy of the last seven years shows the unemployment rate has been cut in half, annual deficits have gone down, GDP has grown, and the United States enjoyed the third-longest stock market upswing in its history. Varney’s spin on economic data has gone so far that on December 4 -- in response to a strong November jobs report that beat most economists' expectations -- he managed to conclude that the pace of job creation was "mediocre," and on January 8 he downplayed the December jobs report as merely "modest" even though it was arguably the strongest jobs report of 2015.

  • Here Are The Corporations And Right-Wing Funders Backing The Education Reform Movement

    A Guide To The Funders Behind A Tangled Network Of Advocacy, Research, Media, And Profiteering That’s Taking Over Public Education

    ››› ››› PAM VOGEL

    Media Matters outlines the many overlapping connections in an echo chamber of education privatization advocacy groups, think tanks, and media outlets that are increasingly funded by a handful of conservative billionaires and for-profit education companies -- often without proper disclosure. 

  • Here’s What To Avoid When Reporting On Student Debt

    Blog ››› ››› PAM VOGEL

    April 25 marked the fourth anniversary of outstanding student loan debt topping $1 trillion in the United States, yet media still aren’t always telling the full story on college affordability and student debt. If the public thinks the student debt crisis only affects white, upper middle class borrowers enrolled in impractical programs at four-year colleges and universities, the media aren't​ doing their​ jobs.​

    It’s time for media to recognize the realities of the nation’s student debt burden. Outlets should stop ignoring the voices of students and borrowers, and stop reinforcing unrealistic assumptions about how​ higher education can be paid for ​today. Here are some of the reporting tactics they ought to leave behind.

    Framing Student Debt In The Narrow Context Of Traditional, Four-Year Colleges And Universities

    Media often focus their reporting on six-figure student debt balances from prestigious and expensive four-year colleges and universities. But focusing on the experience of this narrow segment of student borrowers ignores those who are most deeply affected by student loan debt: students who take loans to pursue higher education but are unable to complete their programs, and students borrowing to attend non-traditional or for-profit programs with fewer federal grant and loan options.

    As the Center for American Progress’ (CAP) Ben Miller explained in June, “the link between debt and educational attainment is too frequently missing from national discussions on student loans.” Miller’s study found that a recent graduate with a higher debt burden was financially better off than a non-graduate who owed a smaller amount, because the graduate was more able to boost their income and pay off their balance​, resulting in fewer defaults for graduates​.

    A comprehensive report from the Brookings Institution in September highlighted the outsized student debt burden of another non-traditional group of borrowers: those who attended for-profit schools. The report concluded that “most of the increase in default [on federal student loans] is associated with the rise in the number of borrowers at for-profit schools and, to a lesser extent, 2-year institutions and certain other non-selective institutions, whose students historically composed only a small share of borrowers.” The report also demonstrated that “These non-traditional borrowers were drawn from lower income families, attended institutions with relatively weak educational outcomes, and experienced​ poor labor market outcomes after leaving school.”

    It’s clear that four-year college graduates are not the majority of borrowers in default or struggling to make payments, and it should be just as clear in media coverage of the issue.

    Ignoring How Student Loan Debt Perpetuates Economic Inequality For Women, Black, And Hispanic Borrowers

    Reporting on the nation's student debt crisis without acknowledging how the debt burden disproportionately affects women and people of color is irresponsible, and it leaves out important details about how student loan debt ripples across the economy.

    Here are the facts: women are more likely to have outstanding student loan debt, and dedicate a higher percentage of their earnings ​toward paying off that debt. The gender pay gap also makes getting out of debt all the more difficult for women, in particular for black and Hispanic women. In February, the American Association of University Women (AAUW) found that “more women than men… are contributing more money to their student debt payments than a typical individual can reasonably afford,” and ​are ​still making a less significant dent in their outstanding loan balances. “The gap in student loan repayment is even larger for black and Hispanic women with college degrees,” the report noted.

    Black and Hispanic borrowers generally have more debt than their peers, regardless of the type of degree they pursued or the type of institution they attend. In fact, black and Hispanic students are far more likely to enroll in cheaper two-year, open-access schools, but also often have access to fewer family resources than white students and therefore must rely on student loans in greater numbers. Black and Hispanic graduates are also afforded less financial security from having a college degree.

    The nation's student debt burden feeds off of, and perpetuates, existing economic inequality. Media that ignore this phenomenon are ignoring the experiences of the majority of student loan borrowers, and are obscuring the true costs of the national student loan debt burden.

    Using Outdated Economics To Suggest Student Debt Is Avoidable With Part-Time Work And Better Decision Making

    Right-wing media figures, in particular, frequently pair discussions of student debt and college affordability with outdated anecdotes to suggest borrowers struggling to pay off student loan debt could have simply worked harder or made smarter decisions to avoid incurring debt. Here’s the reality: A​ny media figure who suggests students or recent graduates could have avoided taking out student loans not only ignores that many students do not have the resources to find alternatives, but relies on completely outdated assumptions about how much college costs in the first place.

    The fact is that college costs are rising across the board, for all types of higher education. Non-traditional programs often end up being more expensive for students, and some for-profit programs in particular, underserve students and leave them more likely to default on loans. Finding “a cheaper school” is not a real option, and making a living wage without a college degree is increasingly not an option either.

    Economists agree that higher education credentials, and in particular a bachelor’s degree, continue to have outsized positive economic benefits and are an undoubtedly “sound investment.” So pundits citing cheaper, alternative higher education programs are, at best, blindly promoting the nonexistent and, at worst, knowingly perpetuating a two-tier system of higher education where low-income students ought not to pursue the types of degrees proven to be most beneficial.

    And those anecdotes about how conservative media figures were able to pay for college with some elbow grease and a part-time job? Researchers have repeatedly found that’s just not possible anymore. An October study from Georgetown University found that while “over the last 25 years, more than 70 percent of college students have been working while enrolled,” it’s just not enough to offset the costs of school or avoid loans. “A student working full-time at the federal minimum wage would earn $15,080 annually before taxes,” the report concluded. “That isn’t enough to pay tuition at most colleges, much less room and board and other expenses.”

    Painting All College Affordability And Student Debt Policy Solutions As Equally Comprehensive

    Media coverage of student loan and college affordability policies in the 2016 presidential election is inaccurate if it attempts to frame policy solutions from both parties as equally comprehensive. Both Democratic candidates, former Secretary of State Hillary Clinton and Vermont Sen. Bernie Sanders ​have released comprehensive policy plans designed to bring down college costs for new students and to ease the burden of student loan debt for borrowers and recent graduates. Both plans have price tags and​ detail concrete actions on the issue. Regardless of where voters stand substantively, it is undeniable that both plans exist and are comprehensive.

    On the other hand, none of the three remaining Republican presidential candidates have released policy proposals on higher education affordability or college debt ​--​ in fact, front-​runner Donald Trump and Texas Sen. Ted Cruz have not even dedicated website space to the issue. Gov. John Kasich (OH) includes a paragraph on college costs in his larger education platform​​, but doesn't explain what policies he'd pursue on a national scale. ​

    Recognizing that student debt is a major concern for young voters with vague public statements is not the same as offering concrete policy solutions that might help alleviate the problem. Reporting that frames policy proposals from all of the presidential candidates as equally comprehensive or equally viable in order to appear balanced is just misleading the public.

  • Major News Outlets Fail To Identify The Hate Group Boycotting Target

    The American Family Association Has Been Designated An Anti-LGBT “Hate Group” By The SPLC

    ››› ››› RACHEL PERCELAY

    Major news outlets have largely failed to identify the American Family Association (AFA) -- the group organizing a boycott of Target over its transgender inclusive restroom policy -- as an anti-LGBT "hate group," often only referring to the group as a "Christian" or "conservative" organization.

  • STUDY: Cable And Broadcast News Try To Cover The Economy Without Economists

    Economists Made Up 1 Percent Of Guests In The First Quarter Of 2016, While Shows Focused On Campaigns, Inequality

    ››› ››› CRAIG HARRINGTON & ALEX MORASH

    Expertise from economists was almost completely absent from television news coverage of the economy in the first quarter of 2016, which focused largely on the tax and economic policy platforms of this year’s presidential candidates. Coverage of economic inequality spiked during the period -- tying an all-time high -- driven in part by messaging from candidates on both sides of the aisle, but gender diversity in guests during economic news segments remained low.

  • Scalia Opinion Further Undermines Koch-Backed Group's Attack That Merrick Garland Is Anti-Business

    Blog ››› ››› ZACHARY PLEAT

    Following the release of a misleading “scorecard” from the Koch-backed National Federation of Independent Business (NFIB) -- which dishonestly represented Supreme Court nominee Judge Merrick Garland’s rulings on the D.C. Circuit as too deferential to government agencies -- the Alliance for Justice explained that Justice Antonin Scalia took “precisely the same view” as a dissent Garland joined. The dissent was related to an EPA case that the NFIB cited to criticize the nominee.

    The “judicial scorecard” released by NFIB on April 12 omitted important context to smear Garland as anti-business and overly deferential to federal government agencies. A Media Matters analysis of the 35 cases cited by NFIB, concerning Garland’s judicial opinions on the Environmental Protection Agency, Department of Labor, and the National Labor Relations Board, found that one or more judge appointed by a Republican was on the same side as Garland in 28 out of 35 -- or 80 percent -- of the cases.

    Contacted by Media Matters about NFIB’s “scorecard” claiming that Garland's judicial record indicates he is anti-business, top legal experts derided the organization’s claims as “silly” and “nonsense.” While purporting to represent the interests of small businesses, NFIB has in fact campaigned against environmental, labor and health care policies that most small businesses support.

    An April 21 blog post by the Alliance for Justice’s director of justice programs, Kyle Barry, further demonstrated that NFIB’s attacks against Garland’s rulings lack merit. Barry explained that when American Trucking Association v. EPA -- one of the cases cited in NFIB's scorecard -- reached the Supreme Court, Justice Scalia's majority opinion adopted the same legal reasoning seen in a dissent that Garland joined, calling for the case to be reheard before the full D.C. Circuit.

    As Barry explained, Garland's position in the case “was dictated not by ideology or bias toward special interests, but by adherence to precedent that he swore a judicial oath to uphold”:

    Among the cases NFIB cites is American Trucking Association v. EPA, which held that the Clean Air Act’s requirement that the Environmental Protection Agency set air quality standards violates the “nondelegation” doctrine—in other words, that Congress impermissibly delegated legislative power to the EPA. Judge Garland didn’t participate in the panel decision, but he did vote to rehear the case with the full D.C. Circuit, and he did join Judge David Tatel’s dissent when rehearing was denied.

    Based on Judge Tatel’s dissent, NFIB concluded that Judge Garland “would have voted for the EPA,” and in this instance that’s totally fair. (This situation is very different from when a judge votes on a petition for review but doesn’t write or join any opinions, in which case the judge’s views are unknown.) Judge Tatel made clear that the Clean Air Act is in line with years of binding Supreme Court precedent. He wrote that the statute limits EPA discretion in ways “far more specific than the sweeping delegations consistently upheld by the Supreme Court for more than sixty years,” and complained that “[n]ot only did the panel depart from a half century of Supreme Court separation-of-powers jurisprudence,” it “stripped the [EPA] of much of its ability to implement the Clean Air Act, this nation’s primary means of protecting the safety of the air breathed by hundreds of millions of people.”

    The problem for NFIB—and all those who wish to portray Judge Garland as a lawless anti-business radical—is that, on appeal in the Supreme Court, Justice Scalia wrote a unanimous opinion taking precisely the same view. Overturning the D.C. Circuit panel, Justice Scalia wrote that the Clean Air Act “is in fact well within the outer limits of our nondelegation precedents.” He explained that “a certain degree of discretion, and thus of lawmaking, inheres in most executive or judicial action,” and that the Supreme Court has “almost never felt qualified to second-guess Congress regarding the permissible degree of policy judgment that can be left to those executing or applying the law.”

    In other words, Judge Garland’s position was dictated not by ideology or bias toward special interests, but by adherence to precedent that he swore a judicial oath to uphold.

  • Law Experts Shoot Down "Silly" "Nonsense" Attacks On Merrick Garland As Anti-Business

    Blog ››› ››› JOE STRUPP

    Conservative claims that Supreme Court nominee Merrick Garland’s rulings prove he is anti-business are "silly" "nonsense," according to administrative law experts who spoke with Media Matters.

    Earlier this month, the Koch-backed National Federation of Independent Business (NFIB) released a “scorecard” of Garland’s rulings as a judge on the D.C. Circuit. The group claimed its scorecard proved Garland “is quantifiably biased in favor of regulatory agencies and against private sector businesses” because he often ruled in favor of several government agencies.

    But as Media Matters previously explained, the scorecard is misleading and not evidence that the nominee is somehow outside of the legal mainstream. In fact, many of the decisions NFIB highlighted for criticism were rulings in which Garland was joined by Republican-appointed judges, and the conservative group’s attempt to provoke outrage over Garland’s record ignores crucial legal context.

    Top legal experts who spoke with Media Matters pointed out that in most federal appeals cases involving governmental agencies, the court sides with the agency under the Chevron Deference doctrine, which “raised the issue of how courts should treat agency interpretations of statutes that mandated” agency action, where the “Supreme Court held that courts should defer to agency interpretations of such statutes unless they are unreasonable.”

    “If you look at cases involving direct regulation by government agencies, his pattern of voting in those cases is entirely standard,” said Laurence Tribe, a professor at Harvard Law School. “It’s the common approach because ever since the Chevron decision the idea has been that Congress can’t always address all of the details that arise in the regulatory state so they give a lot of leeway to expert agencies in deciding how best to carry out the underlying purpose that Congress had in enacting statutes. Therefore, the idea is when agencies resolve those ambiguities in ways that are at least rational and don’t cross any boundaries that are laid down, federal judges usually defer.”

    Joseph Landau, associate professor at Fordham Law School, agreed.

    “The Supreme Court has said that if the statute is unclear, courts should defer to the agency’s interpretation of the federal law as long as the agency’s interpretation of the statute is reasonable,” he said. “If the statute is unclear, and the agency is interpreting the statute, courts have generally held that the agency gets deference. There are exceptions, but deference is the presumption.”

    Jon Michaels, a UCLA Law School professor and a former clerk for the Second Circuit Court of Appeals, pointed out that the man Garland is seeking to replace, Justice Antonin Scalia, was a strong supporter of the "Chevron Deference" doctrine.

    He also said the D.C. Circuit Court usually rules in favor of the government agencies because it cannot turn down cases and must review even the most unlikely claims.

    “The court is limited in what it can overturn,” Michaels added. “The court is not supposed to substitute its preference on questions of an agency’s interpretation of law, fact or policy.”

    William H. Simon, Arthur Levitt Professor of Law at Columbia Law School, called the NFIB attack “silly.”

    “It's silly to conclude that he is 'biased,'” Simon said. “The law says judges are supposed to defer to the agencies on many issues. A reluctance to overrule the other branches is a defining characteristic of a judicial 'moderate', which is what many in both parties say they are looking for.”

    Osamudia James, a law professor at the University of Miami School of Law, said, “When Judge Garland or any judge comes in and says they side with the agency, they are saying that based on the statute that Congress set up, what the agency is doing is reasonable.”

    She also cited that many Republican-appointed judges agreed with Garland. “That is an interesting part of this to see who sided with him,” she added. “Other Republican judges are in agreement with him. That undercuts attacks that Garland is excessively pro-regulatory.”

    For Daniel Selmi, professor of law at Loyola Law School in Los Angeles, the criticism of Garland is “nonsense.”

    “The court reviews what the agency has done based on the administrative record and in doing it, it exercises the standard of review,” Selmi explained. “Which is favorably inclined toward the public agency. They win a majority of the cases. That wouldn’t be abnormal and it wouldn’t tell you anything about bias, it would tell you he is following the law.”

    Joseph A. Grundfest, a law professor at the Stanford Law School, added that Garland’s opinions are “entirely unremarkable and reflect no bias either for or against regulatory agencies or private sector entities.”