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Politics : Politics for Pros- moderated -- Ignore unavailable to you. Want to Upgrade?


To: Nadine Carroll who wrote (2678)6/26/2003 4:25:52 AM
From: LindyBill  Respond to of 793955
 
Bush Eyes Brown
The California jurist who may replace Justice O'Connor.

John Fund, NRO

The last well known black female out of California was the communist, Angela Davis

Only a handful of people know if a Supreme Court vacancy will be announced later today. The guessing in Washington is that Chief Justice William Rehnquist is now less likely to retire, given the White House's strongly expressed view that it doesn't want a vacancy. But Justice Sandra Day O'Connor marches to her own drummer, and recent events have led several court observers to speculate she may step down this week.

Justice O'Connor has previously expressed a desire to return to Arizona with her husband, who is in poor health. While she has said she has no plans to retire, she has clearly hedged in answering such questions. A few weeks ago she published a book of memoirs that could be seen as a swan song for her judicial career. On Monday the court released a landmark opinion she wrote upholding the racial diversity as a "compelling state interest" that justifies some use of racial preferences in college admissions. What better time to leave the bench then when basking in the praise of the Washington establishment?

A likely candidate to replace Justice O'Connor would be Alberto Gonzales, the 47-year-old White House counsel. President Bush has genuine affection for Mr. Gonzales, whom he appointed in 1999 to the Texas Supreme Court, where Mr. Gonzales gave few signals as to his underlying judicial philosophy. Mr. Bush prizes Mr. Gonzales's loyalty, and appointing the first Hispanic to the Supreme Court could help win votes in a crucial bloc.

But the bland Mr. Gonzales has many skeptics in the conservative movement. They recall that in 1990, Mr. Bush's father appointed a largely unknown David Souter to the Supreme Court. John Sununu, the elder Mr. Bush's White House chief of staff, assured conservatives Justice Souter would be a "home run." He turned out instead to be one of the most liberal justices on the court. Many fear Mr. Gonzales is another Souter, and with the court divided 5-4 on racial preferences and many other crucial issues, the stakes are high with any nominee.

If conservative skepticism about Mr. Gonzales prompts Mr. Bush to turn elsewhere, he has several choices. Judges J. Harvie Wilkinson and J. Michael Luttig of the Fourth U.S. Circuit Court of Appeals have excellent résumés and strong conservative records. Emilio Garza and Edith Jones, both judges on the Fifth Circuit, have strong champions within the conservative Federalist Society. But my view is that should Mr. Gonzales not be the nominee for any Supreme Court vacancy, the frontrunner would be Justice Janice Rogers Brown of the California Supreme Court.

Justice Brown, the daughter of a Alabama sharecropper, is a respected jurist with a compelling life story. Born in 1949, she arrived in California as a child and worked her way through college at Cal State Sacramento and law school at UCLA. She went to work in the state attorney general's office, and in 1991 Gov. Pete Wilson tapped her as his legal-affairs adviser. In 1994 Mr. Wilson appointed her to a state appeals court; two years later he elevated her to the state's highest court.

While on the court she has not shied away from controversy. She has said some of her colleagues have "an overactive lawmaking gland" that compels them to second-guess legislators. A clear expression of her frustration with judicial activists came in 1997, when she wrote a dissent in a case where the court majority struck down a state law stipulating that minors had to obtain parental consent for an abortion. "This case is an excellent example of the folly of courts in their role of philosopher kings," she concluded.

Her most controversial legal writing will surely be her opinion in a 2000 case that struck down a minority contracting program in San Jose. She found that it ran afoul of Proposition 209, the 1996 state initiative approved that abolished racial preferences by state and local governments. Justice Brown described preferences as an "entitlement based on group representation" and said they have had pernicious effects on society. Her opinion led some liberals to tag her as "a female Clarence Thomas."

But she also has a civil-libertarian streak. Last year the California Supreme Court affirmed the conviction of a black man who had been stopped while riding his bicycle the wrong way on a one-way street. Police searched him and found methamphetamine, and he was sentenced to nearly three years in prison. Justice Brown was a lone dissenter from that opinion, arguing that the circumstances of the arrest could be seen as racial profiling.

Douglas Kmiec, a former Reagan administration official who is now dean of the law school at Washington's Catholic University, is a close friend of Justice Brown. He believes that she has both the intellectual gifts and the grit to win a bruising confirmation battle and make a lasting impression on the Supreme Court. He also believes that her Christian faith will help her connect with millions of ordinary Americans. Last month, Justice Brown gave the commencement address to Mr. Kmiec's graduating law students. She chastised philosophers for trying to shape society "as if God did not exist" and frequently made reference to religious and patriotic themes.

Janice Rogers Brown sounds like the kind of nominee that a lot of Americans could come to like and admire. But she also is someone who may stir up a whirlwind of opposition from liberal senators. From what I know of her, senators who tried such strong-arm tactics would come to regret it. Says California businessman Ward Connerly, who led the campaign for Proposition 209: "No one who knows her doesn't believe she would come out on top and leave her critics in the dust."
opinionjournal.com



To: Nadine Carroll who wrote (2678)6/26/2003 7:45:27 AM
From: LindyBill  Read Replies (1) | Respond to of 793955
 
Slate said:

>>>>>The New York Times' top non-local story looks at a new IRS analysis showing that the nation's wealthiest 400 taxpayers saw their income on average nearly quadruple during the 1990s. At the same time, those folks also saw their tax burden ease, mostly due to the reduced capital gains tax.

As a NYT analysis on the cut emphasizes, the market actually went down after the announcement since many investors had been betting on a larger half-point cut. The LAT suggests the cut probably won't do much to help the parts of the economy?namely manufacturing?that are still sagging. Meanwhile, notes the paper, the things it could help most, such as housing, are already on fire.

According to the NYT, nearly two-thirds of the richie-riches' income growth came via capital gains, and as the paper also notes, the data for the relevant study ends in 2000. Those facts suggest that much of the income explosion was caused by the stock bubble, which, in case the Times needs reminding, burst a few years ago. In other words, the data is dated?making this a pretty weak candidate for above-the-fold play, even on a slow news day.<<<<<<

I hope others pick up on this outrageous political slant by the Times. Here is the article in full.

Very Richest's Share of Income Grew Even Bigger, Data Show
By DAVID CAY JOHNSTON

[T] he 400 wealthiest taxpayers accounted for more than 1 percent of all the income in the United States in the year 2000, more than double their share just eight years earlier, according to new data from the Internal Revenue Service. But their tax burden plummeted over the period.

The data, in a report that the I.R.S. released last night, shows that the average income of the 400 wealthiest taxpayers was almost $174 million in 2000. That was nearly quadruple the $46.8 million average in 1992. The minimum income to qualify for the list was $86.8 million in 2000, more than triple the minimum income of $24.4 million of the 400 wealthiest taxpayers in 1992.

While the sharp growth in incomes over that period coincided with the stock market bubble, other factors appear to account for much of the increase. A cut in capital gains tax rates in 1997 to 20 percent from 28 percent encouraged long-term holders of assets, like privately owned businesses, to sell them, and big increases in executive compensation thrust corporate chiefs into the ranks of the nation's aristocracy.

This year's tax cut reduced the capital gains rate further, to 15 percent.

The data from 2000 is the latest available from the I.R.S., but various government reports indicate that salaries, dividends and other forms of income have continued to rise since then, even as the stock market has fallen.

The top 400 reported 1.1 percent of all income earned in 2000, up from 0.5 percent in 1992. Their taxes grew at a much slower rate, from 1 percent of all taxes in 1992 to 1.6 percent in 2000, when their tax bills averaged $38.6 million each.

Those numbers can be read to show that the wealthiest, as a group, carried a disproportionate share of the overall tax burden ? 1.6 percent of all taxes, versus just 1.1 percent of all income ? evidence that all sides in the tax debate will be able to find ammunition in the data.

In 2000, the top 400 on average paid 22.3 percent of their income in federal income tax, down from 26.4 percent in 1992 and a peak of 29.9 percent in 1995. Two factors explain most of this decline, according to the I.R.S.: reduced tax rates on long-term capital gains and bigger gifts to charity.

Had President Bush's latest tax cuts been in effect in 2000, the average tax bill for the top 400 would have been about $30.4 million ? a savings of $8.3 million, or more than a fifth, according to an analysis of the I.R.S. data by The New York Times. That would have resulted in an average tax rate of 17.5 percent.

The rate actually paid by the top 400 in 2000 was about the same as that paid by a single person making $123,000 or a married couple with two children earning $226,000, according to Citizens for Tax Justice, a labor-backed group whose calculations are respected by a broad spectrum of tax experts.

The group favors higher taxes on the wealthy, and its director, Robert S. McIntyre, said yesterday that the I.R.S. data bolsters that viewpoint. "Regardless of which party these 400 are in, these are the guys Bush wants to help, even though they have so much money they don't know what to do with it," he said. "How Bush feels about the half of the population that doesn't have much money is he got them a tax cut worth an average of $19 each."

William W. Beach, a tax expert at the Heritage Foundation, a conservative organization that favors lowering taxes for all Americans, said that the top 400 taxpayers made "the significant contribution" to government revenue ? about one in every $64 of individual income tax paid. Cutting taxes, he said, will prompt the wealthy to invest more in the economy's growth.

Detailed information about high-income Americans has become increasingly important in setting tax policy, because the government relies on the top 1.3 million households for 37.4 percent of individual federal income tax revenue. The half of Americans who earned less than $27,682 in 2000, paid less than 4 percent of income taxes.

All of the I.R.S. data is based on adjusted gross income, the figure reported on the last line on the front page of individual income tax returns. Interest earned on municipal bonds, which are exempt from tax, is not included.

Over the nine years of tax returns that were examined for the new report, only a handful of taxpayers showed up in the top 400 every year, according to I.R.S. officials. In all, about 2,200 taxpayers made the cut even once. There were a few incomes of more than $1 billion a year in the group, but none as high as $10 billion.

The names of the wealthiest taxpayers are not disclosed in the report, which was prepared at the urging of Joel Slemrod, a University of Michigan business school professor who serves on an I.R.S. advisory panel and is a leading authority on taxation of high-income Americans.

The figures do not include the incomes of the many wealthy Americans who use shelters to reduce their reported incomes below the level of the top 400.

In 1999 and 2000, for example, William T. Esrey ? then the chief executive of Sprint, the telecommunications company ? earned more than $150 million in stock option profits, lofting him onto many lists of the best-paid corporate managers.

That income might have put Mr. Esrey in the I.R.S.'s top 400 taxpayers. But, as later came to light, Mr. Esrey bought a tax shelter from Ernst & Young, the accounting firm, designed to let him delay reporting the profits for tax purposes until the year 2030. Sprint's board forced Mr. Esrey to resign in March after he acknowledged that the shelter was the subject of an I.R.S. audit.

Over the nine years reviewed in the new report, the incomes of the top 400 taxpayers increased at 15 times the rate of the bottom 90 percent of Americans; their average income rose 17 percent, to $27,000, from 1992 to 2000.

Long-term capital gains accounted for 64 percent of the income of the top 400 in 2000, nearly double the level in 1992. Wages contributed 16.7 percent to the incomes of the top 400 in 2000, down from 26.2 percent in 1992, and dividends made up 2.8 percent.

A second report that the I.R.S. will make public today shows that the number of Americans with high incomes who pay no taxes anywhere in the world has reached a record. In 2000, there were 2,022 Americans with incomes of more than $200,000 who paid no income tax anywhere in the world, up from just 37 in 1977, when the report was first issued.
nytimes.com



To: Nadine Carroll who wrote (2678)6/26/2003 9:20:04 AM
From: LindyBill  Read Replies (1) | Respond to of 793955
 
I find it amazing how often an article that impresses or pisses me off is picked up the same way by the bloggers. "Great Minds", I guess. :>) Here is Nordlinger on Dowd's column yesterday.

>>>Many of you, I know, because I've heard from you, read Maureen Dowd's stunning, yet typical, op-ed column yesterday, which basically called Thomas an ungrateful Negro, not realizing what liberals such as she have done for him. Really, the column has to be read to be believed. Nothing so outrages white liberals as the independent black man who won't behave, who won't conform to the Operation PUSH/Maya Angelou/Phil Donahue conception of what a black man should be. Yet another reason to elevate Thomas to chief justice.<<<
nationalreview.com