Post-Shutdown Thoughts, Penal Edition

Here’s a bit of wisdom from Australian astrophysicist Katie Mack.

I’m not saying her status as an Australian astrophysicist has any specific relevance to the matter at hand, but it sounds really cool.

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Quick Reference Guide to the Shutdown/Debt Ceiling Deal

I haven’t written much about the government shutdown debacle of the past 2+ weeks, partly because of the Thumper Rule (“If you can’t say something nice…” Not that I ever really follow that rule.) I am still gathering my thoughts about the almost-literally-last-minute deal that seems to have kicked the can down the road a bit.

Paul Waldman at The American Prospect has a quick guide to the deal that outlines the various points and offers “an easy-to-digest set of opinions you can adopt as your own.” This should appeal to conservatives who believe that liberals are incapable of independent thought. (If that last sentence describes you, please keep reading, just in case I decide to put some erotic pictures of guns at the end of this post.) Here are his points with the conclusions. Read the whole article for his full analysis: Continue reading

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Rare Footage from a Ted Cruz-Led Republican Strategy Meeting

I found the following on YouTube, and I think it offers some useful insight into how Ted Cruz has handled the debate leading up to this week’s government shutdown.

A few relevant quotes:

I bought this pen exactly one hour before my bike was stolen! Why? What’s the significance? I DON’T KNOW!!!!!!!

And:

The mind plays tricks on you. You play tricks back! It’s like you’re unraveling a big cable-knit sweater that someone keeps knitting and knitting and knitting and knitting and knitting and knitting and knitting…

Thanks to Marley for transcription assistance.

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Republicans Really Don’t Understand Negotiation, It Seems

greyerbaby from morguefile.com

Pictured: Republican House member (via morguefile.com)

Negotiation is the process of reaching a compromise between two or more opposing parties, each of whom has something the other wants, and who has the legal right to grant or withhold it. My experience has mostly been in litigation, where a plaintiff has a viable claim, and a defendant has the ability to offer a monetary and/or injunctive settlement. The usual purpose of a settlement in litigation is to avoid the future costs/risks of continuing to prosecute or defend the case.

If one party to a lawsuit is asserting claims or withholding evidence in bad faith, proper negotiation is impossible. In many litigation scenarios, a party who engages in such bad faith, or their counsel, may be subject to penalties. In a contract negotiation, the subsequent discovery that a party has withheld or misrepresented material information could be construed as breaching the contract, could invalidate the contract, or could justify modifying the contract on terms favorable to the other party. Our political system, apparently, does not have equivalent checks, unless voters actually go to the effort of holding their elected representatives accountable. This brings us to the current hubbub over House Republicans’ determination to get rid of the Affordable Care Act (ACA, or “Obamacare”) at all costs. Continue reading

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