Who Do You (Anti)Trust? Millennials #Adulting on Scams, and Friends in Low Places

Here’s What You Need To Know

In the nation’s capital this morning, members of the public lined up early to get a prime seat, not at the theater but at the federal courthouse, for one of the most anticipated dramas of the year: the antitrust trial over AT&T’s $85.4 billion bid to acquire Time Warner. The outcome of the trial will have large implications beyond the Beltway, with media companies and other prominent industries watching closely the arguments on both sides, and hints to its possible conclusion, in order to stay ahead of the curve in today’s regulatory environment. Here’s what you need to know about the case:

  1. Why The Merger Came About: Ironically, AT&T’s efforts to compete against what it sees as an advertising duopoly has gotten it labeled a potential monopoly itself. With data now widely considered the world’s most valuable resource, AT&T’s move to acquire Time Warner is an effort to capture the data of millions of viewers who watch Time Warner’s content on channels like HBO, TBS, CNN, and TNT, as well as its blockbuster movie franchises like DC Comics and Harry Potter. This move could allow the conglomerate to “reinvent itself as one giant advertising network” that could rival tech giants Facebook and Google, who currently dominate the online ad industry and have been attracting dollars from television. The merger was not expected to be controversial because regulators have approved similar vertical mergers in the past.
  2. How The Merger Ended Up In Court: AT&T CEO Randall Stephenson initially went on a “charm offensive” to not only ease apprehensive executives within the Time Warner empire, but also to lobby the President and help influence easy approval of the merger. But it has not worked out that way. AT&T declined the Department of Justice (DOJ) condition that it sell Time Warner’s Turner unit, and the DOJ filed suit to stop the merger. While there has been speculation that Trump’s disdain of Time Warner’s CNN is responsible for the government’s stance against the merger, the DOJ argues that it would mean less competition for consumers, despite not being head-to-head competitors, and result in potential raised costs of $436 million for consumers.
  3. What Other Media Companies Are Watching: Earlier this month, the chief executive of the world’s largest advertising agency, WPP’s Martin Sorrell, told CNBC that consolidation is the future of the media industry – largely due to “certain pressures, technological changes in the long-term, and shorter-term pressure” from tech companies disrupting traditional media and consumers shifting to cross- and multi-platform content consumption. To compete with tech companies like Netflix, Amazon, and others, media companies are watching to see whether ambitious vertical integration will gain regulatory approval in this case. If so, Disney’s acquisition of 21st Century Fox and Sinclair Broadcasting’s purchase of Tribune Media will likely face less scrutiny on this front, and even encourage other deals – like a possible recombination of CBS and Viacom – to move forward.
  4. How The Outcome May Reverberate In Other Regulated Industries: Beyond media, this trial is viewed as a bellwether because mergers are on the rise. For example, one major pending deal before the DOJ includes CVS Health’s $69 billion merger with Aetna. Furthermore, a decision in favor of the DOJ will allow tech to continue to have an upper hand on traditional media, and will also help the tech industry determine regulators’ appetites at a time when policymakers are calling for increased regulation of their activities and business practices.
  5. How Companies Can Anticipate And Mitigate Similar Challenges: Precedent seemed to suggest that AT&T’s merger with Time Warner would be easily approved, but instead the merger is highlighting the fact that an easy process of regulatory approval cannot be assumed. Engaging an extensive network of lobbyists and unveiling a public relations “charm offensive” are no longer enough for companies thinking about mergers and acquisitions in today’s fluid and uncertain regulatory environment. Instead, companies need to operate from a place of knowing what they don’t know, ensuring that they fully understand the regulatory landscape – key personnel and stakeholders, any opposition, the network of influence whose interest align for and against it – and use that information to build their case and make well-informed business decisions.

A ruling on the AT&T-Time Warner antitrust case is expected sometime before the June 22 merger deadline. Until then, companies can only wait, watch closely, and begin anticipating and preparing for whatever comes next.

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FRIENDS IN LOW PLACES

In the throes of the 2016 presidential campaign, then-First Lady Michelle Obama delivered an impassioned speech at the Democratic Convention in Philadelphia that was widely seen as a “backhanded slap” at then-candidate Trump’s campaign, pronouncing that “when they go low, we go high.” How things have changed since then. Philippe Reines, a former aide to Hillary Clinton, shared his advice for Democratic presidential candidates in 2020 to beat Trump, which includes going “high when you can,” but largely using tactics that are for those “living in the real world,” imitate Trump’s penchant for boasting, gloating, and never apologizing, and shun hiring staff “who [say] they’d rather lose than stoop to [Trump’s] level.”

While some candidates in this cycle may be adapting to this cruder version of politics that is not big on social graces, and which failed to work for Reines’ candidate in 2016, an oasis made up of serious candidates in both parties – who campaign hard on policies and facts – may make for a more palatable and effective campaign in 2020. But if Democrats follow Reines’ advice to hurl more insults at Trump and his voters, the results in 2020 are unlikely to be much different than they were in 2016.

MILLENNIALS #ADULTING ON SCAMS 

While older people are often warned to be vigilant of cons and scams, the Federal Trade Commission (FTC) released a report showing that younger Americans in their 20s and 30s are actually more vulnerable to falling for them. In fact, twice as many millennials lost money in reported fraud during 2017 as did people over the age of 60, although the latter often lost more money.

One prominent explanation for this surprising fact is that millennials are more comfortable sharing their personal information online, where scammers can then target online accounts and take stolen data and sell it on the dark web. So, while there may be an inclination to chalk up the FTC’s findings to the added wisdom of age or confirmation-bias against millennials, it may be correlated instead to the technologies in which younger generations are well-versed. 

FACTS OUT OF THE BAG

Measures that enact plastic bag bans have become common in localities across the country as a way to become more green and minimize the environmental impact of single-use plastic bags used in retail stores and supermarkets. But what if policies that discourage plastic bag use are actually bad for the environment?

That appears to be the conclusion of a government study in the United Kingdom that was meant to inform policymakers on this issue before enacting plastic bag policies, which shows that alternatives to plastic – like paper, cotton, and low-density polyethylene – have a worse environmental impact than single-use plastic bags. Though these results did not stop UK policymakers from proposing to extend policies to tackle today’s “throwaway culture,” they suggest that ideology and intentions may be behind plastic bag policies that are ineffective and have the opposite impact desired.

REPEAL IN A ROUNDABOUT WAY

Republicans’ failure to repeal and replace Obamacare with unified control of the federal government was a cause for anger and embarrassment, although Reason managing editor Peter Suderman argues in The New York Times that Republicans may “have succeeded anyway – just not in the manner they expected.” Suderman points to concrete steps such as Congress’s repeal of the individual mandate and the Medicare cost-control board as part of last year’s tax reform law, and the executive branch’s support of association health plans and limited-duration insurance. Yet, he notes that people who support market-driven health care, as opposed to those who want to amend health policy at the federal level by reforming Obamacare in their own image, are caught in a dynamic that cedes the “real debate about how health care should be financed, regulated and provisioned.”

The most plausible way to restore the debate to its crux may be through the courts. Several states are pursuing a lawsuit challenging Obamacare’s constitutionality after the individual mandate, which the Supreme Court ruled as constitutional only because the Court deemed it to be a tax rather than a questionable regulation of commerce, was repealed as part of tax reform. As such, this lawsuit may represent perhaps the final chance for actual full repeal of the 2010 law. Even if it fails, though, the foundational pieces of the law are crumbling, and the reforms underway may provide a path to a better, post-Obamacare future of care – that is, unless Republicans in Congress work to shore up the status quo.

FOCUSED RECRUITING OR DISCRIMINATION?

Is a company’s decision to focus on college campus recruiting discriminatory? Middle-aged accountants who applied to PricewaterhouseCoopers and were rejected believe so, suing the firm and alleging that its focus on college recruiting discriminates against older applicants. This case and others are endemic of a new legal battleground focused on age discrimination over hiring, rather than firing. The Communications Workers of America recently filed a class-action lawsuit against T-Mobile U.S., Amazon.com, and Cox Communications alleging that by using Facebook recruitment ads targeted by age, the firms were in violation of “the federal Age Discrimination Employment Act (ADEA), which protects individuals who are 40 years of age or older from employment discrimination based on age.”

Case precedent requires that plaintiffs prove that age was the decisive factor in their complaints, highlighting that companies will not only have to adapt to the new legal threat from increasingly common age discrimination litigation, but also the new political and reputational challenges that may result from the fallout from such allegations. As the judge in the PwC case asked, “How can I tell who is [recruiting on campus] for invidious reasons and who isn’t?” Firms will have to tread carefully, lest the court of public opinion decide for them.

Fifth Avenue Bank, NY 1900

Taking It to the Banks, Cali Housing Crisis, and Don’t Feed the Trolls

Here’s What You Need To Know

If you’ve checked your Facebook news feed or partisan news sites over the past week, you may be thinking that the sky is falling and that the Senate is singlehandedly tanking the American financial system, hurting American families, and letting big bankers run wild. So, will this Senate legislation herald in the next financial crisis? Maybe not. The legislation, which passed the Senate 67-31 on a bipartisan basis, was crafted by Sen. Mike Crapo (R-ID) to address shortcomings of the Dodd-Frank financial regulations passed by Democrats in 2010. Here are those facts of what this legislation does, and what it means for the financial sector:

  • Challenges In The Wake Of Dodd-Frank: After the global financial crisis in 2008, a unified Democratic government passed the so-called “Dodd-Frank” law for Wall Street reform in July 2010. The abundance of new rules, regulations, and government powers and agencies in the unwieldy, 848-page law tried to put an end to banks that were “too-big-to-fail,” restore faith in the banking system, and increase economic growth. However, it has done precisely the opposite of its initial goals, instead contributing to a decrease in smaller banks and the rate of new businesses created. Dodd-Frank was passed to increase regulation on the supposedly “unregulated” financial sector in order to “promote financial stability” and prevent another financial crisis. But the overly broad brush painted by Dodd-Frank, and the subsequent vast expansion of federal bureaucrats’ oversight of the economy, have led to a desire to pass reforms to address its shortcomings.
  • What The Senate Bill Does: The Dodd-Frank bill was a blunt instrument passed in the wake of a crisis, with federal regulators treating both small and community banks the same as big banks like Bank of America, Chase, Wells Fargo, and others. The focus of the Senate bill is to make regulatory changes that mainly aid these smaller banks, who have been seeing their numbers dwindle, resulting in less money available to lend to small businesses across the country because while big banks may be able to absorb the costs of complying with complex federal banking regulations, small banks cannot. As Rob Nichols, head of the American Bankers Association, noted, “Dodd-Frank isn’t scripture. It can be improved,” and the Senate bill was popular enough to garner the support of 12 Democratic co-sponsors for a filibuster-proof majority in the Senate.
  • The Political Peril Ahead For Banks: Contrary to the bipartisan nature of the legislation, particularly in support of smaller community banks across the country, a major rift on the Democratic side pits moderates against liberals and risks further politicizing banks at a time when they are increasingly being dragged into the political fray. Delve CEO Jeff Berkowitz wrote about the implications of today’s politicized environment on banks in a recent American Banker piece, and should it become politically-unpalatable to support bipartisan provisions that aid financial institutions on which many Americans depend for jobs and opportunity, further reforms to improve the regulatory environment will face an uphill battle.

Despite passionate opposition from the liberal side of the Democratic Party, the bipartisan coalition supporting the bill ensures that despite the brewing rebellion on the left, it will have momentum to be conferenced with the broader bill passed by House Republicans last year, and from there, may have a good chance to be signed by the President into law. The exposed Democratic rift heading into the 2018 elections highlights the different choices the Party faces in its messaging. With an increasingly liberal base, the Party’s path for success in elections where its moderate Senators are running is increasingly in conflict with its activist base.

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CALI’S COMPOUNDING HOUSING CRISIS 

The nation’s most-populous state is facing the nation’s most serious housing crisis, thanks in part to a “perfect storm” of “unique geography, state politics, and activist culture combined with a poorly distributed economic boom.” But don’t worry: state politicians are ready to help, armed with a slew of housing-related bills and new regulations.

Ironically, these bills may make things worse given that the “policies, priorities, and principles” of those same politicians contributed to the crisis in the first place. If policymakers want to actually reduce the factors that contribute to sky-high housing costs, and the fact that California has one-quarter of the nation’s entire homeless population, they would be better off embracing pro-market policies that encourage new housing construction rather than those that make it more difficult to build.

BUSTING OIL’S BOOM CYCLE

Writing in the Harvard Business Review, partners at Oliver Wyman’s oil and gas and energy practices made the case that oil’s boom-and-bust cycle may be a thing of the past. The reasons for this shift include expanding domestic oil production in the U.S. due to fracking, increased investment in new services like pipelines, refineries, and other infrastructure close to their customers, diversification of oil suppliers and sources, and new efficiencies that allow producers to “respond nimbly and competitively to market shifts.”

One such efficiency that shows promise in the future energy landscape is carbon capture technology, which captures CO2 from power plants and then uses it to extract oil – turning carbon emission “into a financial commodity with an environmental co-benefit.” New innovations like carbon capture can help minimize the boom-and-bust cycle of the past and make this crucial sector more environmentally-friendly, although opposition from environmental groups and others to tax credits that would encourage carbon capture technology over wind and solar power may hinder its adoption.

DON’T FEED THE TROLLS

In The New York Times, Reason magazine’s Katherine Mangu-Ward argues, “The problem [with today’s political discourse] isn’t just filter bubbles, echo chambers or alternative facts. It’s tone: When the loudest voices on the left talk about people on the right … it is with an air of barely concealed smugness. Right-wingers … increasingly respond … [by] doubl[ing] down on whatever politically incorrect sentiment brought on the disdain in the first place. These two terrible tendencies now feed off each other” in a never-ending loop “that is nearly irresistible to those on the inside and confusingly abhorrent to those on the outside.”

American Enterprise Institute’s Arthur Brooks appears ready to step outside this loop himself, announcing in a Wall Street Journal column that he plans to step down as AEI’s president this year. “No one has ever been insulted into agreement,” Brooks writes in response to what he calls “the holy war of derision on both left and right” in which some Americans would rather shut down debate using “half-baked 280-character opinions and tiny hits of click-fueled dopamine,” than participate in serious political discourse. To move beyond this state of affairs, both Brooks and Mangu-Ward suggest ways to return to a common reality through debate focused on substance and facts, but doing so will require changes by both the players (political actors) and the observers (the media).

CAUGHT IN RED VAPE

Many small business owners can find themselves caught in red tape from federal regulations, and there may be some relief for them on the horizon due to pending lawsuits on behalf of the owners of e-cigarette “vape shops.” The suits focus on a 2016 regulation administered by an unelected career bureaucrat at the Food and Drug Administration (FDA) known as the “deeming rule,” which determined that vaping products would be subject to the same regulations as the tobacco industry under the Tobacco Control Act of 2009.

However, the Constitution requires Senate confirmation for rule-making power, meaning that should the outcome of the lawsuits favor vape shop owners, the decision may not only cut through the red tape impacting them, but reverberate throughout a variety of small businesses facing similar challenges across the country.

WALKING BACK MANDELA’S LEGACY? 

A motion passed by South Africa’s National Assembly late last month allowing for the expropriation of land without compensation continues to garner attention around the world and enable sensitive, uncomfortable conversations in a country that emerged from the shadows of colonialism and apartheid just over two decades ago. At the heart of the issue is the 1913 Native Lands Act, which restricted land ownership for South Africa’s majority black population, and whose effects remain impactful today.

The Constitutional Review Committee is now reviewing the motion to expropriate land and will announce its findings by August 30th, leaving the interregnum filled with both extreme rhetoric that channels racist sentiments and serious questions that need to be addressed about fulfilling the expropriation of land without destabilizing either the food supply or the economy. Nelson Mandela, the father of modern South Africa, supported a policy of national reconciliation to address apartheid-era land policies, and while an existing clause in South Africa’s Constitution does allow for expropriation of land both with and without compensation, the change being sought to Mandela’s approach may inflame passions rather than help South Africa continue to heal.

Chinese President Xi Jinping

Nevertheless Xi Persisted, Two Oppo Extremes, and Slicing Food Science Facts

Here’s What You Need To Know

This week, China’s parliament, the National People’s Congress (NPC), amended the Chinese constitution to remove term limits for President Xi Jinping – a moment that Xi has been building up to for a long time. Whether you agree with President Trump’s policies toward China or not, which most recently include starting a trade war by imposing controversial tariffs on steel and aluminum, his rhetoric has awakened mainstream attention to the trend of a persistent and assertive China that has previously been discussed  within foreign policy circles. Here are three main levers Xi has been using to bring about his “Chinese Dream” of national rejuvenation while the American public’s attention has largely been focused elsewhere:

  • Bolstering Security At Home And Abroad: Under Xi’s leadership, China has been rapidly pursuing military modernization and announced this week an 8.1 percent increase to its military spending. At the same time, China’s state surveillance, which initially was built out to suppress unrest in its western provinces, is rolling out across the country and even being exported to other authoritarian states around the world. The continued militarization of the South China Sea and other assertive actions abroad was highlighted in the U.S. Department of Defense’s 2018 National Defense Strategy, which names China as a “strategic competitor.” However, some have argued that Xi’s consolidation of power is indicative of insecurity rather than confidence and strength.
  • Investing Heavily In Public Diplomacy: The Belt and Road Initiative (BRI), a multi-national zone of economic and political influence with Beijing at its core, is Xi’s flagship project that has led to Chinese investment across Asia, Africa, and Europe. Although some countries have been apprehensive about the geostrategic character of the initiative, they have taken the significant Chinese investment despite its tendency to encourage dependency and undermine the existing institutions in those countries. China has also been investing a significant amount in Latin America, to the detriment of the Monroe Doctrine, begging the question as to what the U.S. will do to buttress this historical cornerstone of America foreign policy going forward. On both, Secretary of State Rex Tillerson has recently sounded the alarm, but with President Trump’s withdrawal from the Trans-Pacific Partnership, the U.S. has diminished leverage.
  • A Robust Campaign Of Foreign Influence: China has traditionally taken a long view of its robust foreign influence activities, whether using Chinese-sponsored cultural institutes on American college campuses, or spreading propaganda on Facebook and state-run English news outlets. China has also stepped up its human intelligence to gather defense and economic secrets, making FBI Director Christopher Wray’s testimony on Chinese influence timely – although it has been mocked as “Cold War era” thinking by a top Chinese government spokesman.

Despite the criticism of this Administration’s policies, the conventional approach taken by those in power has failed to address Xi’s rising China up to this point. This failure may be due to some faulty assumptions that should be discarded in favor of a policy of strategic counter pressure. While Trump’s current policy of direct confrontation has increased public awareness of Chinese adventurism, it would benefit from broader statecraft. Trump’s tendency to undermine admirable intentions of his policy with bad implementation, like his recently announced “unproductive” tariffs, means he may not get the results he seeks.

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TWO OPPO EXTREMES

When it comes to opposition research, seemingly small details can make a big impact. For example, candidates running for office this year in crowded Democratic primaries are discovering that past residency in Washington, D.C. can be a campaign liability with voters when property records are obtained and leveraged by rival campaigns to paint an opponent as a “carpetbagger.” But what happens when people don’t remember why they should care about the details of a candidate’s past?

That oppo conundrum may be the case “across the pond,” as voters seem to be letting Labour Party leader Jeremy Corbyn off the hook for his alleged interactions with Czech Intelligence during the Cold War more than three decades ago. This example demonstrates how time can dull voters’ perceptions, lending further credence to the importance of taking opposition research seriously, and defining one’s opponent early and often – before time runs out.

CROSSED SOUNDWAVES IN CUBA?

Theories of what caused Americans to suffer injuries due to a “sonic attack” of an unknown nature in Havana have led to a number of nefarious explanations, but computer scientists at the University of Michigan stumbled across a possible (and comparably) benign and simple one: that a pair of Cuban eavesdropping devices were placed too close together, “tripping the ultrasound that ironically was supposed to make their presence quiet,” resulting in a disturbing, harmful sound.

Associate professor Kevin Fu and his team’s interest was piqued when ultrasound was theorized as a possible explanation for the attacks, but as Fu said, “it didn’t make sense. Ultrasound is inaudible [to humans], and you wouldn’t hear it.” The technical report released by Fu and his team provides a plausible hypothesis of what happened in Cuba, although they admit that “additional evidence” is needed to determine whether correlation is causation. Should this hypothesis stand up to more scrutiny, it remains to be seen what – if anything – the Trump Administration would do to reverse actions taken to punish the island’s regime for failing to provide safety for American diplomatic personnel.

IS DATA ENOUGH?

In a surprising turn of events, 72 percent of C-suite executives across a variety of sectors believe that if their industry is to be disrupted, it will be from legacy companies rather than new startups or “digital giants” like Google, Facebook, and LinkedIn. The reason behind this thinking is that Big Tech – contrary to the prevailing wisdom – only controls around 20 percent of the world’s commercializable data, whereas “far older incumbents like Unilever, Procter & Gamble, Bank of America” and Santander own approximately 80 percent.

With no single company monopolizing it, Artificial Intelligence (AI) can be used by large companies to customize and monetize their own proprietary data. Yet, in today’s fast-moving policy landscape where continued scrutiny is focused on how companies use data, the regulatory environment may provide the ultimate verdict on what industries are ripe for disruption.

KNOWN CLIMATE UNKNOWNS

A recent study by climate scientists in a French journal received little attention in the U.S. media, and the reason why may be because it did not fit the narrative of much of the environmental journalism in the American media. The study narrows “the range of expected warming to be between 2.2 and 3.4 degrees Celsius,” ruling out the possibility of warming greater than 4 degrees, which has been predicted by the U.N.’s Intergovernmental Panel on Climate Change for the last 25 years.

This study is “the latest crystallization of a trend” that concludes less warming than previously predicted, and more “uncertainty” on the part of the scientists as to how much warming to expect and what its outcome will be for humanity. Climate science reporting that relies on a narrative that leaves out uncertainty is distorting the public policy debate, suggesting that a recognition of the known climate unknowns would make for a more nuanced evaluation of the cause and effect of environmental policies.

SLICING AND DICING FOOD SCIENCE FACTS

Is shoddy data at the heart of viral studies on healthy eating featured in prominent outlets like the Today show and The New York Times? According to a Buzzfeed investigation into the work of the head of Cornell’s prestigious Food and Brand Lab, it appears so. The investigation cites instances where Professor Brian Wansink “discussed and even joked about exhaustively mining datasets for impressive-looking results,” publishing subpar studies with statistically insignificant results in academic journals with “low standards,” and framing findings to stir up media coverage to “go virally big time.”

With internal and external pressures on university professors to publish studies and gain prestige, the scientific process can suffer, instead leading to scientists slicing and dicing facts to draw “exciting, sexy” conclusions from ambiguous data. However, rest assured that the research bullpen at Delve knows that nothing is more exciting or sexier than providing our clients scrupulously-sourced facts that can be independently verified by a third party.

Janus Case

Unions on the Edge, Stoking Simplicity on Guns, and Knowing What Trudeau’nt Know

Here’s What You Need To Know

Beneath the din of Russia-gate and gun control, this week, the Supreme Court heard arguments in a case that could profoundly change the level of political participation by public employee unions. In Janus v. American Federation of State, County and Municipal Employees, Council 31, should the Court rule in favor of lead plaintiff Mark Janus, who is a child-support specialist at the Illinois Department of Healthcare and Family Services, public-sector unions will be dealt a sharp blow to their ability to compel members, and even non-members, to fund these unions’ political activity. Here is some background on the case and more details on its possible implications:

  • Where The Law Stands Now: The law in 22 states allows public-sector unions to charge public employees that are not union members “agency” or “fair share” fees. The idea behind this is that non-members benefit from the collective bargaining of that union, thereby preventing workers who benefit from union representation from being so-called “free-riders.” However, with public-sector unions participating in the political process – largely to the benefit of the Democratic Party – non-members may be supporting political activities they personally oppose.
  • The Legal Precedent For Agency Fees: This current arrangement is based off of a Supreme Court case known as Abood v. Detroit Board of Education, which in 1977 unanimously upheld these mandatory public-sector union fees. The case has been challenged in the Court three times in the last four years, with the most recent challenge coming shortly after the passing of Justice Antonin Scalia, resulting in a 4-4 deadlock on that case.
  • The Janus Case: Mark Janus is an Illinois state employee who is not a member of a public union, and he contends the state law that allows unions to require him to pay agency fees violates his first amendment rights. Particularly, his case argues that the agency fees compel him to speak for and associate with the union, regardless of his personal political beliefs. Janus wants the Supreme Court to overturn the precedent set in Abood.
  • What This Would Mean For Unions: Should the Court rule in favor of Janus, public-sector unions could stand to lose millions of members, not to mention the fees that 35 percent of them would not pay if they were not compelled to do so. At a time when Americans are already “voting with their feet” by moving to right-to-work states with more economic opportunity to the detriment of those with “forced unionism,” any silver lining about opportunities for public-sector unions to adapt by proving membership value and implementing private-sector union tactics does not change the fact that the movement will be severely hindered.

Now that Justice Gorsuch was appointed to fill the seat once held by late-Justice Scalia, conventional wisdom holds that the court is likely to rule in favor of Janus, which has led to some preliminary posturing by Democratic politicians who suggest that the Court must rule against him in order to maintain its “status and integrity.” The newest-appointee to the bench did not tip his hand during this week’s debate, and again the Court appears split, but if the high-stakes cases against Obamacare taught us anything, it’s that we need to wait until this summer to know how this consequential case will play out.

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KNOWING WHAT TRUDEAU’NT KNOW

At Delve, we believe that knowing what you don’t know is the key to successful outcomes, which is advice that Canadian Prime Minister Justin Trudeau should have heeded before his “disastrous” trip to India this month. Besides ridiculing the cultural appropriation of donning a variety of traditional Indian costumes and dancing a Bhangra, the Canadian media speculated that Trudeau was “snubbed” by the Indian government, who sent a junior minister to meet him at the airport upon his arrival (sari, not sari).

As if that were not enough, Trudeau had to declare his support for “one united India” in Mumbai last week after his wife posed with a convicted Sikh separatist. If some wonder whether self-awareness is part of the Trudeau brand, it seems that “peoplekind” have enough evidence to be well aware that the Canadian Prime Minister is #justnotready for primetime.

STOKING SIMPLICITY ON THE GUN DEBATE

After CNN’s town hall event on guns in the wake of the school shooting in Parkland, Florida, Chicago Tribune columnist John Kass suggests that the format, whose “raw emotion” made for “compelling TV,” did a disservice to the debate over guns because “TV can’t handle …context, or complicated, layered arguments.” Kass points in particular to the way the nation’s founders designed the policy process to work – to prevent quick changes, restrain and diffuse the passions of the moment, protect individual liberty – as a check against politicians and demagogues who may be inclined to move quickly to make changes to the Bill of Rights.

As the debate continues, and regardless of where one stands, this is a complicated, substantial policy issue that is more nuanced than TV coverage that sells and is driven by passion, drama, and tears. Emotion-filled news coverage can bias and mask the facts, as evidenced by a recent Northeastern University study that found school shootings are actually less common today than they were in the 1990s. Kass writes that if “you weren’t moved by the parents and the students and their fear and anger, then you don’t have a heart.” But, he cautions, “the heart doesn’t make policy. And speaking from the heart alone isn’t the wisest thing to do when moving quickly to ‘do something’ to the Bill of Rights.” 

CAN THE DANISH MODEL BE EXPORTED?

Denmark is ranked as the happiest country on earth and has achieved among the world’s highest levels of social cohesion. Bloomberg’s Megan McArdle set out on a recent reporting trip to the Scandinavian country to examine what has made it successful and the envy of other civilized countries. What she ultimately discovered was that Denmark’s political system was unique given the country’s small population, its relative homogeneity, as well as its high taxes, wages, employment, and efficiency.

Above all, she found that Danes’ high levels of trust – in each other and in their institutions – were conducive to a policy environment that was inherently Danish and difficult to replicate in other countries. Given that liberal politicians like Bernie Sanders have yearned to make America Dane again, perhaps McArdle’s reporting can help lead policymakers away from such an unproductive talking point toward workable policy proposals that can gain the support of voters.

HOW IMPACTFUL ARE IMPACT BONDS?

Social impact bonds, which are pay-for-success contracts used by governments to deliver initiatives with the help of the private sector, have become an increasingly popular option for governments looking to deliver on specific policy outcomes. These bonds entail governments contracting with outside funders like banks to raise capital for service providers to deliver a certain outcome, such as Connecticut’s bond to aid the children of opioid-addicted parents and Massachusetts’ bond to help immigrants assimilate to the workforce. When service providers meet the targets laid out in the contract, funders get paid a return on their initial investment.

Despite concerns about the potential for “undue interference” from private investors with their own agendas, social impact bonds may provide a solution for more and more governments to experiment with “risk-free innovation” that leverage private money, are governed and funded by observable metrics, and shun misguided policies driven simply by hope and ideology. Yet, with only ten of the 27 bonds having come to term and delivering on their targets, it remains to be seen how viable this method is for both governments and investors until more data is collected.

PUTIN’S FAILED SYRIAN POWER PLAY

Details are emerging about a significant engagement between Russian fighters and U.S. forces in Syria early last month, which resulted in U.S. forces successfully repelling an attack and killing or wounding perhaps 300 Russian attackers – more Russians killed or wounded at the hands of the American military “than in any single encounter throughout the entirety of the Cold War.” The Kremlin has denied that Russian service members or military equipment was involved, and indeed that may be the case, as evidence shows that the attack may have been orchestrated by Russian oligarch Yevgeny Prigozhin’s Wagner Group of mercenaries.

Still, Prigozhin has close ties to and is understood to act with the blessing of Russian President Vladimir Putin, and he and another of his enterprises – the Internet Research Agency – were recently indicted by a federal grand jury for meddling in the 2016 presidential election. Putin may have supported this attack on U.S. forces in Syria to probe for weakness and look for an opportunity to undermine U.S. interests in the region, suggesting that these kinetic occurrences may become more frequent as a post-ISIS Syria takes shape and Putin attempts to revenge this humiliating defeat.

Strategic Minerals

The Fight Over Strategic Minerals, Writers Fit to Vet, and 23 & Me & You?

Here’s What You Need To Know

While you were watching the Olympics or glued to the latest 24-hour news cycle, Toyota Motor Corporation announced that it is preparing to rollout an electric engine that includes as much as 50 percent less rare earth minerals due to its concern about a future shortage of supply. This seemingly innocuous announcement, however, is a rather public display highlighting the emerging fight over strategic minerals that will have major innovation, industrial, national security, and policy implications in the future. Here is our analysis to help you navigate this issue as it gains prominence:

  1. What Are Strategic Minerals? Strategic minerals is a broad term to group various rare earth elements and metals together like platinum, uranium, phosphorus, and others.  These minerals are critical for nearly every aspect of modern life including electronics, smartphones, electric vehicles, agricultural products, defense technology, and more.
  2. Why Are Strategic Minerals In High Demand? The consumption of these minerals outpaces the amount of supply, which is why Toyota’s announcement was important. Control of mineral deposits is heavily concentrated in a limited number of countries and companies, making unpredictable price and availability fluctuations common. For example, Chinese companies control 90 to 95 percent of the rare earths market, 64 percent of the world’s coltan supply is located in the chaos-filled Democratic Republic of the Congo, and South Africa and Russia control nearly all of the world’s platinum reserves – meaning that economic and political tensions caused by the inequality of these resources will escalate as the supplies become more scarce.
  3. Strategic Minerals And U.S. National Security: Given their prominence in military technology and the manufacturing economy, access to strategic minerals is a national security consideration. Semiconductors, microchips, and programs like the F-35 Joint Strike Fighter and B-21 deep strike bomber depend on these minerals, and attention is being paid to the need to implement a policy to lessen the stranglehold of a country like China, which has leveraged its advantage in rare earths and used it to exert political pressure on other countries in the past.
  4. The Looming Mineral Shortage: Technologies like electric vehicles and smartphones require the extraction of strategic minerals to produce, but as more ambitious production goals are set, as a recent analysis by Recurrent Investment Advisors found, it is increasingly unlikely that the supply can meet the demand, particularly in countries where supply chains are underdeveloped or nonexistent. Further, the existing production levels must increase by an exorbitant amount, and this inability to extract the minerals will lead to exponentially higher prices due to scarcity.
  5. The Challenges To U.S. Domestic Mineral Development: The development of strategic mineral deposits, of which there are thought to be large repositories in the Western U.S., is viewed as “destructive” by elements of the environmentalist movement because of the pollution that may result from mining operations. In addition, the environmentalist movement opposes the Administration’s decision to open federal lands in the Western U.S. to mining, preferring to “protect” the lands rather than “open them up to mineral development.”
  6. What Does The Policy Environment Look Like Going Forward? With an executive order issued in December on a “Federal Strategy to Ensure Secure and Reliable Supplies of Critical Minerals” that explores increased domestic exploration and streamlined permitting for mining, and investment in efforts to extract rare earths from coal mining waste, the policy environment is ripe for harnessing America’s domestic strategic minerals – in a similar way domestic energy has been before it.

The never-ending quest for innovation is incumbent on the ability to develop new technologies, which in turn, are absolutely dependent on strategic minerals. Bringing new technologies to market means bringing down the costs of acquiring them to make them accessible to more people. Yet more of these technologies are demanding more of these minerals, leading towards higher costs and dwindling supplies. Everything from cars to wind turbines depend on them, suggesting that the key to more efficient and effective technologies is inextricably linked with getting strategic minerals out of the ground unless and until someone can discover an alternative to them.

News You Can Use

ALL THE WRITERS FIT TO VET

If you blinked, you may have missed The New York Times newest tech opinion writer. Quinn Norton, the former head of opinion writing on technology for Wired magazine, was hired and fired by the Times within seven short hours. After the hire was announced, a “newly curious” public unearthed a collection of old tweets from her Twitter account that used slurs and “revealed a friendship with [an] infamous neo-Nazi.”

Criticism mounted on Twitter, and the political and reputational damage resulting from the hire led to the editorial page editor releasing a statement calling the disparaging tweets “new information to [the Times]. Based on it, we’ve decided to go our separate ways,” which goes to show that whether in politics or business or media, vetting matters.

ENDING “STOLEN CAR” MAJORITIES

Veteran Capitol Hill advisor Michael Boland has a solution to fix what he deems a “broken process” in government where the political party in power “drives its majority like a stolen car,” misusing it “to dictate a policy outcome.” Rather than bring one policy prescription to the floor of the House or Senate for a vote, Boland instead suggests returning to a time when multiple alternative prescriptions were brought to the floor to be debated and voted on, with the proposal garnering the most votes prevailing.

In addition to living up to the Constitution’s division of power to insulate government “from the passions of the moment,” Boland believes that such a fix will lead to better policy results and make people less angry about today’s two-party system. While this step may help restore integrity to the internal process by which government works, it may also help strengthen the republic in another significant way: by making the public less susceptible to being influenced by social media bots that feed off public anger.

23 & ME & YOU? 

With the personal genetics business booming, can genetics-based science be applied to dating to find your soulmate? With services in existence that collect DNA to match users with “genetically compatible mates” for only $15.99, it would appear the answer is yes. But a Smithsonian magazine article shows that the science behind this is not yet proven.

Personalized-genetics dating services operate on the assumption that certain genes create pheromones, or chemical signals, that make people more or less attractive to a potential mate. However, scientists who have studied pheromones have defined them differently or concluded that they have yet to be found at all, meaning that DNA dating may not get one closer to love than algorithms in Tinder or Bumble, which in turn may prompt more attention from regulators towards the burgeoning genetic testing industry.

IRS #RESISTANCE TO TAX REFORM

Due to a little-known memorandum signed by the Treasury Department in 1983, the Internal Revenue Service (IRS) is largely exempt from submitting its rules to The White House’s Office of Information and Regulatory Affairs for oversight like every other executive agency, an issue that has gained new urgency now that the IRS is in charge of implementing the tax reform law. Without oversight, IRS bureaucrats can impose their own policy judgments and cause impediments to executing the law, which the IRS has already done in declaring that most taxpayers were not able to deduct prepaid 2018 property taxes on their 2017 returns before the new law took effect.

In an ironic twist, the President’s own Treasury Department is stonewalling the implementation of a law he championed – over the guidance of an executive order he signed at the beginning of his term to reduce tax regulatory burdens – suggesting that the easy part may have been getting tax reform passed through Congress in the first place, rather than its implementation by the bureaucracy.

STOP, DON’T RUN, FROM PRESIDENTIAL POLITICS

With little-known candidates like Maryland Congressman John Delany and New York businessman Andrew Yang already running for the Democratic Party’s nomination for president in 2020, columnist Jonathan Bernstein asks why obscure candidates and those with low practical chances to win the nomination instead run for more realistic offices they could actually win and make a policy impact.

Despite the aberration of first-time candidate Donald Trump winning the presidency, Bernstein considers running for the highest office in the land to be “significant wastes of talent” for politicians who have not previously held statewide elected office, faulting both a “political culture and a political media which sees far too many things through presidential election politics.” Such advice could lead to Democrats fielding strong candidates who compete in winnable races down-ballot, an approach that could reverse losses at the state level and make the party more competitive nationally – if only they would heed it.

Burger King Supports Net Neutrality

Should Your Brand Be Woke?

Here’s What You Need To Know

According to a new study by Morning Consult, more than half of both Democrats and Republicans say that a brand’s “stance on a social or political matter is important when it comes to buying a product or service.” So, should your company capitalize on today’s hyper-partisan environment by immediately taking a stand on political issues? Maybe not.

In our day and age of hashtag activism, companies face new political and reputational risks from activists that have nationalized, digitized, and professionalized their efforts. The need to tread carefully and anticipate these risks before taking a political stand is crucial, because companies can find themselves in a situation where activism in reaction to actions or statements – perceived or real – from their company can spread quickly and do lasting damage. Before getting political, here are the pitfalls companies need to consider:

  • Be Prepared For Today’s Fast-Moving Environment: Conventional wisdom has long dictated that companies should be apolitical to avoid alienating or angering customers, but the pressure – and scrutiny – on companies to insert themselves in today’s fraught political and social climate is greater than ever. Companies need to be prepared to respond to and mitigate an issue or event within 24 hours, meaning that if they are not doing the work to proactively anticipate such a public affairs challenge, they will be behind when the time comes. Comments made on a company’s banal earnings call can quickly launch a narrative that overwhelms it, and advertising decisions can make a company the subject of a viral boycott campaign or bring it under scrutiny from an influential, anonymous Twitter account.
  • Know Your Vulnerabilities: Taking a stand inherently attracts and alienates customers depending on their view of that stance, meaning that companies need to fully understand their customers and audience before starting any corporate advocacy. To do this right, the company must understand its vulnerabilities, paying particular attention to concrete actions like the way it does business or treats employees, that demonstrate to the public verifiable facts to support, rather than undermine or can be leveraged to undermine, the company’s advocacy. Look no further than the controversy surrounding Wall Street’s “Fearless Girl” statue, as a perfect example of the perils of not knowing and failing to anticipate your vulnerabilities.
  • Understand The Context Before You Weigh In: Particularly in this day and age, what may seem like a reasonable stance in a vacuum can be viewed by consumers as a partisan pander or virtue signaling well beyond the specific issue at hand and cause unintended damage to a company’s brand. Therefore, companies should choose to engage in a way that reduces the costs of alienating their customers.
  • The Nuance Between Politics And Values: According to cultural strategist Ben Grinspan, one effective way to anticipate a fluid issue and hedge against future risk is to promote values while avoiding political stances and endorsements. For example, rather than take explicit positions on race, refugees, or presidential candidates like Starbucks has, Grinspan looks to Whole Foods’ marketing to promote universal values like making good food available to everyone that do not come across as purely political. At a time when everything is seen through a lens of polarization, focusing on values over politics can help companies have more control over their advocacy and articulate what really matters to them and their customers.

There may be nothing stopping the slide into today’s politicized marketplace, but companies should determine the best way forward that allows them to insert themselves in the public arena on a foundation consistent with their values and over which they have control.

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A FIVE-STAR PAY GAP

What can Uber teach us about the gender pay gap? Perhaps that despite the push for new government regulations to close it, there is little evidence showing the pay gap is due to outright discrimination. A recent Freakonomics podcast episode highlighted a new study that found male Uber drivers still earned 7% more than female drivers, despite the fact that the algorithms used in the Uber platform are blind to factors like race, gender, and sexuality.

This data suggests that individual driver choices, like how fast to drive and when to have a more flexible schedule, are responsible for the gap, and, as study co-author and Stanford economist Rebecca Diamond told Freakonomics, until things change “about how men and women are making choices about their broader lives,” the pay gap will not completely disappear.

ORGANIZING FOR DEFEAT

There is a growing class divide in organized labor, with recent campaigns succeeding for white-collar workers like journalists and failing for blue-collar workers like those in the auto industry. The latest target for organizers is campaign staffers, and Democratic challenger Randy Bryce’s campaign has recently reached a union contract with the Campaign Workers Guild. Among the issues the union will fight against are “hours that approach eighty per week and wages that are below $15 per hour.”

Given the mission-driven focus of a campaign, and the importance of stretching every dollar raised to its fullest, the burdens of complying with the union’s benchmarks seem unrealistic. Coupled with the tightening of the generic ballot between Republicans and Democrats going into the midterm elections, rather than organize for less hours and better pay, Democrats may ultimately be organizing for defeat.

SHUTTING DOWN SHUTDOWNS 

Let’s dispense with the notion that government shutdown politics are necessary or effective. Fortunately, there have been legislative proposals to ban government shutdowns and reform the current broken budget process, which has only worked as intended twice since 1985. Brian Riedl, a senior fellow at the Manhattan Institute, writes about Senator Rob Portman’s (R-OH) proposal that would make a continuing resolution automatic to remove the grandstanding used by politicians, at the same time implementing across-the-board cuts to incentivize them to stay at the table to make a deal.

Previous legislation to ban shutdowns has been blocked by Democrats, who may have opposed the automatic cuts, but with the recent spending deal that increases both domestic and defense spending, there may be no better time to pass legislation to ban shutdowns once and for all. Of course, in 2011 Congressional Republicans and President Obama agreed to punishing cuts to domestic and defense spending unless Congress passed a budget compromise proposed by a “supercommittee.” In the end, all the agreement proved was the Washington politicians are gluttons for punishment, so this proposal may fair no better.

A WEAKER GERMANY FOR A STRONGER EUROPE? 

Last week, German Chancellor Angela Merkel announced a deal for a new coalition government after four months of negotiations. Although this government results in a weakened Chancellor Merkel and leaves the far-right Alternative for Germany as the main opposition party, the coalition was welcomed in western Europe as good news because the German austerity measures that were so unpopular on the continent will likely come to an end and cooperation with the European Union will increase.

Yet, this optimism may be short-lived should the fragile coalition fail to last for a full term, because snap elections could benefit the extremes of the political spectrum – and potentially lead to a nationalist government that leans away from the European Union.

STRAW MAN STATISTICS

“By some estimates, Americans throw away 500 million plastic straws a day.” However, those estimates are wrong. The source of that estimate is an unconfirmed phone study conducted in 2011 by a nine-year-old student who called three straw manufacturers and averaged the answers he received.

No harm, no foul, except California state lawmakers have cited repeatedly this nine-year-old’s study in support of legislation to criminalize the unsolicited offering of plastic straws in restaurants and other venues. A more credible estimate, from a marketing analytics firm, of the amount of straws Americans throw away is 172 million each day, proving that understanding the facts and their origin is a critical component of success in a public policy debate.

Stealth

Should We Stop Worrying and Love the Nuclear Posture Review?

Here’s What You Need To Know

Last week, the Department of Defense (DoD) released the Nuclear Posture Review (NPR) to ensure a “safe, secure and effective nuclear deterrent.” In the days following its release, the NPR has been described both in the U.S. and abroad as everything from “flawed overkill” to “bringing humankind closer to annihilation.”

Beyond the hyperbole, an evaluation of the facts pertaining to the NPR demonstrate a different view of the document and what it means for the U.S., our allies, and our adversaries. These are the key points you need to know about the NPR:

  • What Is An NPR? The NPR is a major look at the policy and capability of America’s nuclear arsenal. On January 27, 2017, President Trump issued an executive order to undertake this review, which was last conducted by the Obama Administration in 2010, and prior to that in 1994 and 2001. The NPR released last week reflects changes in the geopolitical landscape during that time, including a resurgent Russia, an emboldened China, a North Korea on the verge of perfecting nuclear-armed missiles capable of reaching the U.S. mainland, and an Iranian regime that has continued to develop weapons programs despite the Joint Comprehensive Plan of Action.
  • What This NPR Does: Among the key conclusions reached in the NPR are the need to modernize both the nuclear triad – the U.S. military’s ability to launch nuclear attacks from land, sea, or air – and the command-and-control system to better confront and defend against the challenges posed by adversaries with advanced cyber weapon capabilities. Some of the specific modernization programs included in the NPR were initiated during the Obama Administration, like the Columbia-class nuclear missile submarine and the B-21 long-range strike bomber. Criticism of the NPR, therefore, may be more a reflection of who the President is rather than the underlying policy.
  • Armageddon Or Asymmetric Response? One proposed change in policy is the focus of some critics who worry it could increase the likelihood for the use of nuclear weapons. The change would allow the Pentagon to consider responding with small nuclear weapons to a non-nuclear attack launched by an adversary against U.S. nuclear “command and control, or warning and attack assessment capabilities.” Particularly given the proliferation of asymmetric warfare, American officials believe that this change is a “strategic imperative” because these low-yield nuclear weapons, when introduced into the U.S. arsenal, can deter Russia’s perceived belief that it could use its own low-yield weapons in a limited conflict without triggering wider U.S. nuclear retaliation.
  • What This NPR Does Not Do: While proposing the development of low-yield nuclear weapons among other updates, the NPR does not mandate new American nuclear weapons. These reforms would utilize existing nuclear warheads and update components as proposed in the prior Administration, without resulting in the U.S. reneging on its approach of sustaining its current nuclear levels.
  • Is The NPR Unnecessarily Destabilizing To The Current Order? Although critics may view a low-yield nuclear weapon as destabilizing, American nuclear weapons have continued to deter a large-scale attack on the U.S. and its allies since the end of World War Two and lived up to treaty obligations. On the contrary, Russia has been accused by members of both parties of violating the spirit and intent of existing nuclear arms treaties, and Russian President Putin’s remarks in 2014 about the preemptive use of tactical nuclear weapons suggest that America’s nuclear posture should be updated to account for this threat.

The review released last week does not change the known unknowns of nuclear deterrence, nor the underlying risks associated with it. Rather, this review – conducted by the Department of Defense as it has been in previous administrations – provides an account of the status of America’s nuclear deterrent, and how it can continue to keep Americans safe well into the future.

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STARTUPS STAY PRIVATE

The decline in the number of companies choosing to go public has led some to proclaim the death of the American initial public offering (IPO), while others proclaim this negative view is flawed. However, the impact of this downward trend should concern people who want to grow the economy and allow more Americans to share in its prosperity.

Since 1997, the number of public U.S. companies each year has halved to around 3,600 in 2016, meaning that the opportunity for everyday Americans to invest in new, fast-growing companies (either directly or through mutual funds, pensions, and other similar vehicles) – and to reap the rewards of doing so – are narrowing. While startups, whose intangible investments are increasingly more important than capital investments, would benefit from alternative venues to list in favor of a full IPO, the question of how to keep investment opportunities open for working Americans remains unclear.

(ALREADY) PAID FAMILY LEAVE?

Can paid family leave be already paid for, without creating a whole new entitlement program? That is the view of a recent study from the Independent Women’s Forum, which was adapted into an editorial for The Wall Street Journal. In the piece, the authors suggest allowing new parents the ability to collect early Social Security benefits for a period of time after the birth of a child if they agree to delay the collection of their retirement benefits in the future for a comparable amount of time.

This policy would be in stark contrast to an entirely new, unfunded federal leave program, as well as the current patchwork of mandated leave policies at the state and local levels, and despite criticism, the support from Capitol Hill and others may mean that should paid family leave become a reality, it may do so without placing an additional mandate or tax burden on employers.

COMMENCING CRYPTO-EVASIVE MANEUVERS

Several weeks ago, we speculated in TL;DR about the coming worldwide crypto crackdown, especially given the concern that countries could use cryptocurrencies to evade international sanctions. Well, it seems we’ve arrived. This week, Axios discussed the challenge for regulators in combatting such evasion tactics, both in keeping up with the different currencies, of which there are more than 1,400, and in regulating without hampering legitimate innovation in this emerging space.

A senior U.S. Treasury official recently called for greater regulation “all over the world” to prevent the use of cryptocurrencies for illegal purposes, and indeed, sanctions packages will need to be designed going forward to account for this evasion. But, as one skeptic noted, the countries trying to evade sanctions may not ultimately “have the capacity to pull this off” as regulators adapt.

A YUGE SHIFT IN THE “ROLE OF GOVERNMENT”

In his Roll Call column, Stuart Rothenberg argues that the profound shift in the public’s attitude towards the “role of government” will have a far greater significance on the midterm elections than the more frequently considered presidential approval rating or generic Congressional ballot test.

When an NBC News/Wall Street Journal survey asked respondents about their view on the “role of government” last month, 58% of adults said government should do more “to solve problems and help meet the needs of the people,” while 38% said it was doing too much. This 20-point difference is a huge gap historically, and although this number can fluctuate greatly in reaction to each president’s agenda, the current receptivity to a larger role for government may be a warning to Republicans as they attempt to keep their majorities in Congress in this year’s midterm elections.

STAFF MATTERS 

A recent study in the Journal of Politics by Jacob Montgomery and Brendan Nyhan is one of the first studies to empirically quantify the impact congressional staffers have on legislative behavior. The study examined senior staffers in Congress and mapped out the different lawmakers they worked for over their careers.

What they found is that staff matters, and in particular, that the “linkages” created between legislative offices is a good indicator of lawmaker effectiveness and ideological alignment. At a time when diminished resources for Congress can make it difficult enough to retain and attract experienced staffers, this study may further buttress the case that good staff is worth it: for the lawmaker and their constituents.

Grab Em By The Midterms

Will There Be a Midterm Wave?

Here’s What You Need To Know

The prevailing wisdom is that Democrats are poised for big wins in this November’s midterms, well-positioned to capture the House of Representatives and perhaps even the Senate, and Republican donors are responding by spending big in the hopes of saving their majorities. Is 2018 another wave election like 2006 for the Democrats, or 2010 for the Republicans? It will be a challenge for Democrats to take advantage of this political environment, particularly given the proliferation of first-time, #resistance candidates who are diverting resources, splintering voters, and outplaying more experienced candidates with a better chance of beating a Republican opponent.

While fundraising isn’t the only factor in winning elections, it is a crucial fuel for every campaign. As pundits muse over yesterday’s 2017 fourth-quarter campaign fundraising numbers, it is worth considering just how important fundraising is at this point in the campaign cycle. To help you do so, we dove into the historical data from previous wave elections in 2006 and 2010 to see if today’s crop of challengers can build a wave.

  • Wave Elections Get Expensive, And The Fundraising Has Only Just Begun: In past midterm wave elections, fourth quarter fundraising represented just 10% of all the money raised over the cycle. This year, we expect about $240 million raised in the fourth quarter by all U.S. House candidates, which could mean total fundraising of as much as $2 billion by the end of next year on House campaigns alone. These figures might seem to suggest off-year fundraising does not help us determine likely election winners, except…
  • This Is When Winning Campaigns Begin To Separate From The Rest: Challengers need a lot of money to beat incumbents, and the average challenger who beat an incumbent in the House of Representatives had twice the amount of cash on hand at the end of the off-year as candidates who went on to lose to incumbents. Challengers finishing 2017 with less than $200,000 cash on hand are unlikely to prevail in 2018.
  • Challengers Don’t Need To Win The Money Race, But They Can’t Get Crushed Either: Challengers who ultimately won their House primaries were not necessarily the best fundraisers in the fourth quarter. However, to be competitive, they should raise at least 30% of the total raised by all candidates in their particular primary race.
  • Crowded Primaries Benefit Challengers: Conventional wisdom may suggest that one serious challenger with a clear primary field would be able to take on an incumbent. However, in wave elections, the sweet spot for the number of challengers in the minority party’s House primary is between four and six. Outside of that range, the chance of knocking off an incumbent drops below 25%. A single challenger may have difficulty overcoming the inherent benefits of incumbency and the resulting political attacks, while too many challengers drawn into primaries against endangered incumbents may result in a circular firing squad.
  • Incumbent Fundraising Won’t Tell You Much: Incumbents and their donors raise more money when they believe the seat is endangered. However, these races may be more fluid due to individual candidate quality and the district in which they are running, so their fundraising numbers don’t reveal too much at this time. To really understand how an incumbent will do, the most telling reports will be second quarter fundraising numbers. These reports, due on July 15, will better gauge how much money incumbents are raising, and more importantly, how it is being used after many of them will know who their particular challenger is.

Wave elections don’t just appear out of nowhere, and hashtags don’t knock doors and get out the vote. Waves need to have the infrastructure – and money – to go the distance, and with 277 days until November 6, there is a long way to go before the final votes are counted. Still, the above analysis should give you an early sense of who the serious challengers are – and aren’t.

News You Can Use

PEACE THROUGH STRENGTH

When The Bulletin of the Atomic Scientists announced last week that they moved the Doomsday Clock forward to two minutes before midnight, they cited the controversy surrounding the Iran Nuclear Deal as one factor contributing to the “bleak overall picture.” The Bulletin may want to make note of the message from U.S. officials, however, who said the Iranian military halted the routine harassment of U.S. Navy ships in the Persian Gulf by its armed “fast boats.”

There were 50 incidents of “unsafe or unprofessional” conduct by the Iranian military over the last two years, including the detainment of ten U.S. sailors in January 2016, but there have been no such incidents in the past five months. While U.S. officials would not speculate on the cause of this welcome development, it is not unreasonable to suggest the Trump Administration’s harder line on the Iranian regime is yielding results, in an echo of President Reagan’s “peace through strength.”

FOOD FIGHT FIASCOS

Move over Big Oil and Big Tobacco, the latest culprits under public scrutiny are…Big Sandwich and Big Coffee. In Britain, researchers are claiming that sandwiches could be responsible for the equivalent annual carbon emissions of 8.6 million cars in that country, and proposed a change in the labeling of prepackaged sandwiches to reduce their carbon footprint.

Stateside, many items in California already have cancer warning labels under a three-decade old law, and now a state judge is due to rule on whether coffee should join black licorice, potato chips, and French fries as being labeled carcinogenic. Will the messaging against Big Sandwich and Big Coffee resonate? It remains to be seen, but we can speculate that businesses and consumers may have little “appetite” for further regulations that raise the costs of doing business and get passed on to the customer, not to mention make it difficult to take real and necessary health warnings seriously.

TL;DR AFTER DARK

At the same time the United Kingdom creates an agency to react to the fake news craze, there is already emerging a new front: fake porn. With the development and rapid public adoption of artificial intelligence (AI), fake porn is proliferating, making it difficult to discern the real thing as technology improves.

Using technology like FaceApp, users can create convincing face swaps that may usher in an era where fake footage of embarrassing or salacious behavior can be weaponized to cause reputational damage or obfuscate the truth. With citizens’ lack of trust in government already impeding its ability to fight fake news, can we expect it to effectively fight fake porn too? Hopefully, we’ll know it when we see it.

LA DOLCE VITA FOR MUCH LONGER?

Italy’s financial institutions are enjoying a welcome recovery, having decreased the amount of nonperforming loans on bank balance sheets by 30% and increased lending credit to households by 2.9% in November 2017 compared to the previous year. Despite these promising trends, there has been no growth in the amount of corporate credit in Italy, likely due to the threat of further regulatory action from the European Central Bank (ECB) that could require banks to hold cash to protect against potential losses from these loans.

The Bank of Italy has already expressed its concerns to the ECB about the hidden ramifications of implementing complex financial regulations, suggesting Italy recognizes that its current recovery cannot continue if banks do not increase corporate lending in the country.

A DROP IN THE BUCKET MAKES A DIFFERENCE

Included in the recent spending law that ended the government shutdown (for now) was a small provision that will save taxpayers one million dollars annually and make Capitol Hill a little greener. The provision, which prohibits the Government Printing Office from distributing paper copies of the Federal Register to Congressional offices unless requested, means that the first place to go to find government agency rules, proposed regulations, and public notices will be online in a searchable digital database, rather than the approximately 300-page booklet that costs $4.50 each to produce and distribute.

As to why it took so long to make this change that has had bipartisan support, Kansas Rep. Kevin Yoder, chairman of the Legislative Branch Appropriations Subcommittee, explained, “There are too many million-dollar expenditures that happen in this government that are overlooked and unnecessary because they are not maybe big enough for folks here to take time to pay attention to.” We see you.

Amazon HQ

What Makes Cities Attractive Places for Business in the 21st Century?

Here’s What You Need To Know

Last week, Amazon announced 20 finalists from 238 cities that submitted bids for its “HQ2,” leaving cities left off the list to do some serious soul-searching in the wake of its decision. The public competition, which has been ripe for parody, has mostly been noted for civic leaders scrambling to make their cities sufficiently attractive, often by attempting to outbid each other on tax incentives, to lure the e-commerce giant, and the 50,000 high-paying jobs and five billion dollars’ worth of investment, that it brings.

But is a big tax incentive package really all it takes to get HQ2, or to attract other innovative companies for that matter? Amazon’s original request for proposal (RFP)highlights the main factors driving its process, and although tax incentives are one part of this, other factors point to broader public policies that make for a better economic environment for all businesses, not to mention help cities improve the quality of life for all of their citizens. As cities consider what makes them attractive investment targets in the 21st century, here’s a sampling of those policies:

  • A Stable And Business-Friendly Tax Structure: While the bidding war to provide greater tax and other incentives to Amazon has been the focus of scrutiny and criticized across the ideological spectrum, recent actions suggest that the desire for a stable, business-friendly environment and tax structure is shared by many businesses. After tax reform was signed into law, Apple announced an investment of $350 billion in the U.S. economy over the next five years, creating more than 20,000 jobs, and paid $38 billion in taxes on money it was previously holding overseas. Additionally, a business-friendly tax structure benefits employees, with over 125 U.S. employers announcing cash bonuses and pay increases after the corporate tax rate went to 21% from 35%. Rather than punish business, like the lawmakers in the California State Assembly who have already introduced a bill to force large companies to give half of their expected savings due to the tax law over to the state, facts suggest that a stable and business-friendly tax structure can enable economic growth, jobs, and wealth – without wasting money, time, and effort on incentives.
  • Affordable Housing: The price of housing, and the cost-of-living more broadly, impacts a company’s ability to recruit talent and the salary it pays them. HQ2 is predicted to drive up rents in whatever city is ultimately chosen, so major metro areas with large housing markets may be impacted less than smaller ones. Housing policy is also intertwined with congestion and gentrification, which resulted from Amazon’s growth in Seattle and helped contribute to its decision to find another location for further expansion. Therefore, cities looking to create or maintain more affordable housing may look to Houston for some inspiration, whose relaxed zoning policy has helped it remain an affordable place to live in spite of its growth.
  • A Culture Of Entrepreneurship: In a recent Forbes article, the Mercatus Center’s Adam Millsap examined Dayton, Ohio’s past as an innovative and successful city during the first half of the 20th century. To help spur that vibrancy in this century, Millsap proposes implementing policies that enable local entrepreneurs to “plant a thousand seeds,” rather than have the city hinge “its economic hopes on large, footloose companies.” One way to do this is to remove regulation and red tape – in the form of local ordinances that make it difficult for small businesses to open or expand – as a means of generating employment growth.
  • “Permissionless Innovation”: Mercatus’ Millsap also proposes an attitude change on the part of the city’s leadership towards a policy of “permissionless innovation.” Instead of a regulatory environment that operates on a “precautionary principle,” which insists that new innovations fit within the existing regulatory framework, “permissionless innovation” would allow for experimentation that could lead to new technologies and business models by default due to this light-touch approach.

Only one city will be the home of HQ2, but that does not mean others need to miss out on jobs, improved quality of life, and vibrant economic growth. With the right policy approach, a city can not only attract the next Amazon, but more importantly, enable its creation.

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ALASKA ROLLS DEEP

While some may think of big, blue states with high populations like California or New York as having the most state legislative staff per capita, the state with the most is actually Alaska – and it’s not even close. Alaska has almost seven staffers for every 10,000 residents, and Hawaii, the number two state, has only four staffers for every 10,000 residents.

Put in another context, Alaska has roughly the same amount of state legislative staffers as Ohio does, but the latter has more than 12 times the population of the former. Fiscal constraints may require Alaskan lawmakers to revisit the staffing levels, but historical data from the National Conference of State Legislatures makes one thing abundantly clear: Alaska rolls deep.

PEOPLE OVER(EXAGGERATE) PROFITS

Public scrutiny of companies is high, and business leaders are seeking to respond to this scrutiny by not only delivering financial performance, but a positive contribution to society. However, this public scrutiny may be based on a faulty assumption.

The general public thinks that the average company makes a 36% profit margin, which is actually five times higher than the median industry profit margin of six percent. This common misconception is used by politicians on the left as justification for promoting policies to force companies to pay more taxes, raise wages, and increase benefits, but if the public had a better understanding of the facts, they may be less inclined to support politicians whose policies treat job-creators like limitless ATMs.

37 FLAVORS OF REGULATORY RELIEF

The Trump Administration’s first year is viewed in some quarters as having had limited success, or having been an outright “failure.” Missing from these evaluations is the significant work the Administration has done to roll back the regulatory burden of the administrative state.

The Wall Street Journal compiled 37 major changes already made, proposed, or underway that will impact the way the federal bureaucracy regulates American businesses for years into the future. These policies may not garner much attention, but should the Administration continue to build off of this list into 2018 and beyond, the resulting economy, viewed favorably by Americans, could make Republicans more formidable in upcoming elections than currently perceived.

INSIGHTS TAKE EFFORT

After starting on the education beat for the Arizona Daily Star, reporter Hank Stephenson heard almost immediately about the longtime rumor of a blacklist used to retaliate against employees of the Tucson Unified School District. At first, he thought the list couldn’t exist, as another reporter would have “flushed it out long ago,” but an innocuous-looking agenda item at the end of a long and tedious school board agenda drove him to attend the meeting.

Three hours into the meeting, after other journalists left, he came across a clue that ultimately led to his making a public records request that showed more than 1,400 names of employees blacklisted over two decades, and resulted in his writing a featured article. Although he attributes getting his piece due to his “ability to sit through tiresome public meetings,” it demonstrates some of the values the team at Delve takes seriously: dig deeper, because details matter.

Hashtags

Policymaking in the Year of the Hashtags

Here’s What You Need To Know

In CQ’s 2018 Legislative Preview released this week, Delve CEO Jeff Berkowitz was quoted as calling the first twelve months of the Trump era “the year of the hashtags.” From #WomensMarch to #NoBanNoWall to #FakeNews, political organizing that once took several days is now realized in a matter of hours. With the activism that has been impacting corporate interests now impacting politics in the Trump era, the major policy issues facing Congress will be subject to all of the noise playing out in the public arena.

Here are Delve’s three key “hashtag activist” dynamics driving the forces that will impact policymaking in 2018:

  1. #Resistance: Grassroots activists on the Left are flush with cash and have metastasized to resist the Trump Administration and any policies associated with it. Democratic politicians have every incentive to appease their base for political reasons and for personal ambition, should they desire to run for higher office – or avoid a primary from the left. The President has already shown his willingness to make a deal with “Chuck and Nancy,” but with issues that draw bipartisan support like infrastructure and resolving the status of Dreamers approaching, the lack of bipartisan legislative accomplishment may ultimately be due to Democratic lawmakers who find it politically-untenable to make a deal, regardless of the policy. This would explain Republican leaders’ focus on bipartisanship coming out of their weekend retreat with the President at Camp David.
  2. #MeToo: Sexual harassment allegations have claimed a number of elected officials so far, with more to come. This will impact the party breakdown in Congress and may change the outcome of key policy battles. As Berkowitz told CQ, “how do you do a whip count if you don’t even know who’s going to still be in Congress?” Adding to this uncertainty is the likelihood of more allegations focusing on Members or their staff, as well as the potential for some unsubstantiated attacks targeting elected officials to be weaponized as this phenomenon continues.
  3. #FakeNews: People are choosing their own news with their own set of facts, and instead of seeking the truth, it is instead in vogue to “speak your truth.” It is difficult to work together, find common ground, and get things done if you don’t even agree on what is reality. From the partisan-tinged Russia investigation, where media misstepshave lent credence to the President’s claim that the investigation is #FakeNews, to Republican voters in the Alabama special election who doubted the allegations made against Roy Moore in a deeply-sourced Washington Post article, the lack of trust in and credibility of the media means everyone now has their partisan jersey on to the detriment of the truth.

All indications are that 2018 will be tougher, legislatively and otherwise, than last year. The above dynamics provide a lens through which the team at Delve will be conducting our analysis this election year, because being prepared for this challenging landscape will allow companies to weather the uncertainty and make the most of the opportunities that appear.

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GETTING THE STORY STRAIGHT

Seattle’s new tax on sugary drinks has shocked some shoppers, but the spin – or lack thereof – coming from public health advocates supporting the tax may well add some whiplash. Jim Krieger, who is the executive director of Health Food America and serves on the Seattle Healthy Kids Coalition committee, said he was “very excited” to see the impact the tax would have on shoppers’ behavior, which he expects to result in a decrease in consumption of sugary drinks that have the 1.75 cents tax per ounce.

However, when Krieger was confronted by a local reporter asking if the tax would hurt Seattle businesses by driving shoppers to purchase their sugary drinks in neighboring cities, he contradicted his theory that taxes influence buying decisions, telling the reporter that “people realize it’s not worth [their] while” to shop elsewhere. The tax is either big enough to elicit change, which Krieger earlier suggested and which may then hurt local businesses by causing shoppers to go elsewhere, or it is not – meaning that sugary drink tax advocates need to get their story straight.

“ERISA-ING” TIDE LIFTS ALL BOATS

A proposed rulemaking change by Labor Secretary Alex Acosta would change the way small businesses and sole proprietors can get health insurance coverage, allowing them to join or create association health insurance plans based on factors such as geographical area, industry, trade, or profession. While large employers and union-sponsored plans may be exempt from ObamaCare coverage mandates, millions of small business workers and owners are uninsured or struggling to afford their insurance because the ObamaCare exchanges pass on these compliance costs to the consumer.

The Department of Labor’s action to more broadly define the “commonality-of-interest requirements” for association health plans under the Employee Retirement Income Security Act (ERISA) would allow these individuals to band together to create flexible coverage options appealing to their needs, suggesting that a health insurance solution for the 21st century’s expanding “gig economy” can stem from less government interference rather than more government promises.

NEVERTHELESS, CALIFORNIA PERSISTED

With the state and local sales tax deduction now capped at $10,000, high-tax, high-cost states like California and New York are exploring workarounds to evade it. California’s Democratic legislative leaders unveiled a bill to allow residents to make a charitable donation to the state’s California Excellence Fund in exchange for a state tax credit. Charitable donations are not capped under the federal tax legislation signed into law at the end of last year, and already the proposal has been labeled as a political gimmick unlikely to escape scrutiny by the federal government.

The evasion strategy could backfire, though, because federal tax law requires charitable donors to reduce the deductible amount of their donation by the value they receive, so with donors still receiving the same government services of significant value, the Internal Revenue Service could argue it is not a charitable deduction at all. Should state governments want to resist the burden of high-taxes on their residents, Tax Foundation analyst Jared Walczak instead suggests “states should consider revisiting their tax rates rather than devising increasingly convoluted and legally suspect workarounds.”

EXPOSING THE CAMPAIGN FINANCE DEBATE

 Democratic efforts to campaign against “dark money” in politics just aren’t taking off, and a recent policy analysis by Wiley Rein’s Eric Wang of the Supreme Court’s jurisprudence regarding campaign finance disclosure laws may shed some light on why that is. Democratic candidates have taken full advantage of the campaign finance laws as they currently exist, all while asking voters to support their efforts to reform them.

Yet, although Supreme Court rulings have cited an “informational interest” for voters in knowing from where political donations come, few voters – the Delve research bullpen notwithstanding – actually reference this information or pay attention to attacks against large political donors, indicating that the campaign finance debate in 2018 is more ineffective political pandering than actual policy issue.