Hypocrisy, Alive and Well in Supreme Court Selection

The hypocrisy and grandstanding at the recent confirmation hearing for the potential Supreme Court Justice, Ketanji Brown Jackson, was truly amazing. Senators Lindsey Graham and Ted Cruz led the charge bashing Judge Jackson on everything from her decisions as a trial lawyer and judge, her definition of a woman, and her school board seat at her children’s school.

It would seem to me that one of the most important qualifications for a Supreme Court justice should be ‘on hand’ experience with the law.  Judge Jackson’s qualifications include serving as a supreme court clerk, a public defender trial lawyer, and presently a federal judge; items sorely missing from the most recent person appointed to the Supreme Court, Amy Coney Barrett.  Hypocritically, both Senator Cruz and Senator Graham found no problem with her law inexperience and quickly approved her nomination with no objections.  They must both feel proud that they nominated Justice Barrett, who has the distinction of being the least experienced Supreme Court nominee in 30 years.  She had spent almost all her professional life in academia until Trump nominated her to the 7th Circuit Court of Appeals in 2017.  She had never worked as a prosecutor, defense lawyer, solicitor general, attorney general, or even served as counsel to any legislative body.  By almost any objective measure, Judge Barrett is the most inexperienced person nominated to the Supreme Court since 1991, when President George H.W. Bush nominated Clarence Thomas.

Jackson, on the other hand, served in several of these positions which to her misfortune, served as ‘raw meat’ for the predatory appetites of Cruz, Graham and other Republican committee members to bash her on her clients she was assigned to defend as a public defender, and the sentences she handed down as a judge.  They may not have liked her decisions, or felt they weren’t severe enough, but at least she practiced law in a court room setting.  And, contrary to what Cruz, Graham and some other Republicans would have you believe, according to national court sentencing averages, Ms. Jackson’s  sentencings were not ‘out of line’ with those averages.

Next up for display was Senator Ted Cruz’s taking up the charge for Republicans against anti-racism efforts at a private school in Washington where Judge Ketanji Brown Jackson serves as a school board member. He produced a book available for reading in the district and listed the school’s policy regarding race relations as both problematic.  However, what Senator Cruz failed to note was leaders at the private school in Houston where he sends his two daughters have articulated a similar race commitment, and the exact same book is available for reading. Apparently, he has no problem with his own daughters’ immersion in that school’s philosophies, only when it somewhat remotely applies to Ms. Jackson as being one of several school board members.

Space does not permit the other hypocrisies which arose in the selection committee meeting. However, I would like to address one other Republican hypocrisy.  President Biden had been accused of engaging in ‘selective bias’ by several Republicans because he pledged up front that he would choose a Black female for the next Supreme Court justice.  They clamored that that would systematically eliminate all the qualified males and white females from the selection process.  Need I remind these folks that former President Trump pledged up front that he would nominate a female for his Supreme Court person?  No Cruz, Graham, and other Republican complaints regarding that ‘selective bias’ edict.

Hypocrisy: the false profession of desirable or publicly approved qualities, beliefs, or feelings, esp. a pretense of having virtues, moral principles, or religious beliefs that one does not really possess. (The Online Free Dictionary)  Or as I like to define it in the present day, ‘POLITICS.’

Voted 'No' But Took the 'Dough'

Thirteen House Republicans and 19 Senate Republicans voted to support and helped pass President Joe Biden’s Infrastructure Bill.  Included in those who opposed the legislation were our congressional legislators John Kennedy, Clay Higgins, and Steve Scalise. Kennedy, who is known more for his witty, jovial quips rather than any noteworthy legislation actually benefiting Louisiana, quipped “The bill is 2,700 pages—twice as long as the Bible,” and “If you look up stupid stuff in the dictionary, there's a picture of this bill," in addressing  his reasons for voting against the bill.  Scalise, whose main objective in Congress now is serving as an obstructionist to all legislation proposed by President Biden, irrespective of whether or not it might benefit our state, was also quite vocal in his opposition to the legislation.  Now days it's difficult to tell if each truly had major concerns about this legislation, or if they simply sheepishly followed Donald Trump’s request to veto the bill.   It's problematic to differentiate between the two.

However, now that the money is flowing to states as promised, the Republicans who bashed the law are now taking credit for its initiatives.  And to no surprise, Scalise, Higgins and Kennedy are also now on board, touting the provided funding for our state.  Just recently, Scalise, in a news release, highlighted the $400 million in initiatives (made possible by the law) that will help mitigate flooding.  Higgins also applauded the more than $190 million in funding for waterway projects in his district. Both are now bragging as if they were instrumental in obtaining these funds.   And our state folks are buying it.

Additionally, Louisiana will now get over $6 billion for roads, bridges, broadband expansion, and coastal restoration during the first five years of the roll out. Sadly, I am sure it’s only a matter of time before one of these projects serves a backdrop for a photo op for Senator Kennedy.

But ironically, the one Louisiana representative that actually voted for this legislation, Bill Cassidy, has been labeled as a RINO, lambasted, and criticized by these same congressional colleagues because he defied former President Donald Trump’s edict to kill the bill.  Because Cassidy could see beyond petty political agendas, and has truly shown a desire to serve the people of Louisiana who elected him, he is being punished by his own party.

The hypocrisy of our political representatives at both the federal and state level never ceases to amaze me.  I often wonder what we could accomplish as a nation and state if our esteemed representatives didn’t “sell their souls” to political agendas, and, instead, really tried to benefit those that elected them.

But, then again, we keep electing these same folks over and over.

Insurance Companies Show Their True Colors

 Ida devastated our community causing suffering and pain for many of our residents.  The damage to homes that are no longer habitable is staggering.  Adding to this tragedy is the fact that “Like a Good Neighbor” and “You’re in Good Hands” were nothing more than catchy phrases throw at us for years by  large insurers which gleefully took our money, but whose actions when needed don’t in the slightest resemble either of their promised messages.

Adding to this atrocity is the failure to have elected a competent state insurance commissioner, our latest of which whose only claim to fame is that he hasn’t been criminally indicted like many of his predecessors.  And let’s not leave out our notorious state insurance commission who allowed many of the loopholes for non-payment of claims to be included in home owners’ policies.  The most egregious being a 2% to 5% deductible for a “named storm” calculated upon the insured value of the home.

For years many of us dutifully paid our insurance premiums, never filing a claim, and thinking that we would be treated fairly and respectfully when a need arose.  Many of these individuals bragged upon how long they had been with their insurance agent and how they had established a kindred relationship.  Many never bothered to read their policies or get other quotes to determine if they could have saved some money on premiums with better protection.  They forgot the fact that many of these beloved insurance agents are simply company employees receiving monetary compensation for every policy they write.  They have no authority over claim decisions made by the corporate office.  People just assumed they would be taken care of “Like a Good Neighbor,” or be “In Good Hands.”

Sadly, we now learn some of the larger insurance companies are not stepping up to make us whole as evidenced by the fact that there doesn’t even exist among the various companies a uniform definition of what is considered an “uninhabitable dwelling”.   And of course our esteemed legislators claim that this is something that needs to be standardized; as usual, always reactive, rather than proactive.  But in their defense, this is what the state insurance commissioner and insurance commission should be about, insuring clarity and uniformity in policy coverage

To make matters worse, some have reported that not only did they not receive adequate monetary assistance from their insurance company to make their dwelling whole again, but that they were also presented a laundry list of improvements that needed to be made to their dwelling at their expense before any renewal of the policy would occur.  Maybe our State Attorney General, Jeff Landry, who loves litigation will finally decide to use the courts to the actual benefit of the states’ residents and take on the ‘big boys.’ Let’s hope so.

Hopefully changes will come in the form of legislation to close some of the no-payment loopholes and lack of standardization among policy definitions.   It is also imperative that voters remember Ida when election time comes for state insurance commissioner.  But neither of these will provide solace for the ongoing suffering that is now.

 Stay strong, because Ida has shown us that, in fact, we do indeed have ‘some good neighbors’ in our communities and we should all be thankful for that.

Trust individuals to do the right thing?

 With all this protest over requiring one to mask up and get vaccinated for the Corona virus, it got me pondering about maybe it’s time to get rid of all laws. Phrases like, “We’re gonna trust people to do the right thing,” "Let individuals make their own decisions,” and the big one, “Mask and vaccine requirements are an infringement on one’s personal freedom,” fill the FOX News Media pundits’ Corona coverage nightly.

Heck, if we think about it, these same proclamations could be applied to almost any law we currently have on the books; so let’s just dump them all.

Let's review some of the biggies.  If you don’t feel like stopping at a red traffic light, or stop sign, because you don’t feel like it’s the right thing to do based upon your judgement of the surrounding circumstances, don’t stop.  Park your vehicle wherever you like, for no one has the right to infringe on your individual decisions.  And how about going whatever speed you desire in your vehicle. You have the right to make that decision based upon your judgement.  Want to abuse your pet or kid, go ahead, because based upon your decision, they deserved it, so you're doing the right thing.  You probably should protest getting a driver’s license or auto insurance, and carrying that documentation with you, because it's actually an infringement on your personal freedom, not only by requiring you to get that stuff, but also when you to have to show those documents when requested.  That's your personal business!

How about the discharging of a firearm?  You should be trusted to do the right thing when deciding where you should, or should not do that.  Just shoot up in the air whenever you're in a parking lot, if you feel like it.  It's your personal decision.

In a way, I’m glad all these “personal freedom” folks made me aware of how we have screwed up our country by making laws under the guise that we were creating them to protect each other. Apparently we were all duped.  I can’t thank these folks enough for this enlightened insight.  So pathetically sad.

Lack of Respect or Insecurity

In 1963, a federal law was passed known as The Equal Pay Act. It mandated that employers pay men and women equally for doing the same work; equal pay for equal work.  To successfully file a claim under this act, you must show that you and an employee of the opposite sex are working in the same place, doing equal work, and receiving unequal pay.  On the surface it’s simple enough, and seemly pretty clear in its intent.

However, like so much of our legislation it has been basically unenforced, and so many loop holes have been utilized to avoid compliance that little has changed for the plight of our country’s female work force.  As a matter of fact if an employer can show wage disparity has what is termed “a legitimate basis,” like more seniority or experience, claims can be denied.

A recent sampling of some of the largest CEO salaries paid by large corporations to men vs. women serves as a stark example of just how blatant wage discrimination still exists today.  The list includes the following male CEOs:  Chad Richardson, Paycom Software, $211.1 million; Robert Kotick, Activision Blizzard, $154.6 million; Leonard S. Schleifer, Regeneron Pharmaceuticals, $134.6 million; Larry Culp, General Electric, $72.7 million, and Shantanu Narayen, Adobe, $34.9 million.

Female CEOs highest salaries included:  Lisa T. Su, Advanced Micro Devices, $27.1 million; Mary T. Barra, General Motors, $23.2 million; Kathy J. Warren, Northrop Grumman, $19.7 million; Phebe N. Novakovic, General Dynamics, $18.9 million, and Gail K. Boudreaux, Anthem, $17.1 million.

Now some might use the “loophole” argument that these divergent gaps in salaries don’t take into account “seniority.”  Do you really think that all the seniority in the world could close the gap between the highest male salary of $211.1 million vs the highest female salary of $27.1 million?   I wager to guess, that even if the female CEO stayed in her job until she was 100 years old, she would never close the $184 million pay gap.

Sadly, we live in a state with one of the largest salary gaps in the nation.  In Louisiana women make about 74 cents for every dollar a male earns.  Equal pay legislation for private businesses has failed repeatedly in our state

In April of this year, Democrats tried to address this problem once again at the federal level by approving legislation that hey claimed would help close the gap between what men and women are paid in the workplace. The bill would make it easier to sue employers over pay discrimination, curb the ability of companies to retaliate against those that raised the issue, and beef up enforcement of existing laws, including a new requirement that large businesses submit detailed pay data to the federal government for use in policing pay discrimination laws.  It would also ban employers from prohibiting employees from discussing their salaries.

Republicans opposed this legislation citing laws (The Equal Pay Act) are already on the books outlawing pay discrimination. They also countered that the bill would largely be a boon to trial lawyers looking to sue companies while subjecting employers to burdensome new reporting requirements that would mandate them to submit detailed pay information to the federal government.  They refused to even negotiate or submit an amended version of the legislation.

One has to wonder how much longer “the boys club” in our Congress and state legislatures will continue to call the shots and keep the restrictive yokes in place to prevent women from being recognized as their equals in job abilities.  Guess this is just one more sign of the male insecurity and their fear of losing “societal control.”  God forbid we should ever have a majority of female legislators or worse a female president.

Legislators, like sheep, heed the insurance industry

In 2020, Louisiana politicians passed a bill which they touted as a major win for automobile drivers in our state, a promise of lower insurance rates.  Our Republican legislators duped the public into believing that our high auto insurance rates were due to the ridiculously high number of lawsuits filed against insurance companies by the overabundance of accident attorneys in our state.  In response, our esteemed legislators passed a bill that would limit damage suits by people injured in car wrecks. They claimed the bill would make the state’s auto insurance market more competitive and induce auto insurers to pass their cost savings from the bill to consumers.

Surprisingly, Democrats, such as Sen. Jay Luneau, from Alexandria, argued that the real reason for high insurance rates was not because of the numerous lawsuits, but instead due to the fact that insurance companies are allowed to set their rates based upon demographics such as a driver’s gender, age, marital status, or credit score.  He filed bills aimed to prohibit that practice, but they all died in committees.

Democrats in our legislature also raised concerns about the bill because there were no guarantees that insurance companies would actually lower their rates.  They wanted to include a mandate ordering auto insurance companies to lower the rates by 10% to 20%.  The insurance company lobbyists and the Louisiana Association of Business and Industry would have none of that mandate, and so it failed to be included.  Besides, Stephen Waguespack, head of LABI, touted the original bill as the “most important bill of the Legislative session,” so how could our legislators refuse to pass it as originally proposed?  So goes LABI, so goes our legislators.

Additionally, Jim Donelon, our state Insurance Commissioner, who was up for re-election, gave the bill his blessing with promises at the time that it would reduce rates by at least 10% and possibly 25%.

Friday, State Farm, the state’s largest auto insurer, got approval from Donelon and his cronies to raise rates by 4.3% after coming off a banner year of profits due to the limited driving that occurred during the COVID 19 pandemic. Be assured, the other auto insurance companies will follow their lead.

Where are all our legislators now regarding their support of this deception which once again has impacted the wallets of their constituents?  Not a peep from one of the supporters of the bill.  And tragically voters keep re-electing these same folks to Baton Rouge, including the insurance commissioner, and never hold them accountable.  So as you write that increased check for your auto insurance remember who is really to blame, no one but you.

LABI, Louisiana "Good Ole Boys"

 Anyone familiar with Louisiana politics is aware of the fact that the Louisiana Association of Business and Industry has successfully corralled most of the male legislators in Baton Rouge, and can count on them to push LABI’s agenda when proposing and passing various legislative bills.   It’s no secret, that so goes LABI, so goes the legislature.

I guess that it came as no surprise that LABI decided to expand its legislative grip by bringing our female legislators into their fold.  On Tuesday, LABI had planned an event that was reminiscent of something one might expect 30 years ago, by offering a day of “female fellowship over breakfast and beauty.”

Not only did the planned event include coffee, and a smoothie bar packed with fresh vegetables and fruit, but also makeup stations where the ladies could get their makeup and hair done.  Obviously, as most male legislators know, and in particular our esteemed Attorney General, Jeff Landry, know, it is of paramount importance for our female state employees to look beautiful at all times, particularly our legislators

I will not even address the ethical red flags such an event raises, but the mind set of planning this one shows what LABI actually assumes is important to our female legislators.  Obviously, LABI is completely dismissive of the fact that they are presently deeply involved with a legislative committee investigating sexual assault atrocities at LSU. 

Sadly, I don’t recall any condemning statements LABI has made regarding this LSU situation.  And, by the way, the CEO of LABI, Mr. Waguespack, is certainly at no loss for words when it comes to commenting on other non-business related circumstances in our state, including LSU football games.

Guess all of us just need to face the reality that women in Louisiana are still thought of as second class citizens, who continue to make less wages than men in identical job positions, and, according to LABI and others, just need to cook the meals, clean the house, do the laundry, raise the kids, and, by all means, look pretty.

On a positive note, the event was cancelled due to a lack of interest, and condemnation by our female legislative representatives.  Kudos to them.  Maybe some of our male legislators can learn a thing or two from them.