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Trump’s Very Fair Trial

The Atlantic

www.theatlantic.com › ideas › archive › 2024 › 05 › trump-fair-manhattan-criminal-trail › 678557

Shortly after becoming the first former American president to be convicted as a felon, Donald Trump told reporters outside a Manhattan courthouse that the verdict was a “disgrace,” a “rigged trial by a conflicted judge who was corrupt.”

There is a simple, foolproof way to predict when Trump will describe something or someone as rigged or corrupt: when he doesn’t get what he wants. Elections he loses are fraudulent, legal decisions that go against him are rigged, and anyone who opposes him is corrupt. In every single instance, Trump is decrying not a corrupt individual or rigged process, but a person or process that is not corrupt or rigged enough to give him the results he seeks.

Trump’s attorneys did not offer much in the way of a defense during the trial, relying instead on a “haphazard cacophony of denials and personal attacks,” as the former prosecutor Renato Mariotti put it in The New York Times. Manhattan District Attorney Alvin Bragg charged Trump with falsifying business records in an attempt to cover up a sexual encounter with the adult-film actor Stormy Daniels, in order to prevent news of the incident from breaking during the final, crucial weeks of the 2016 election. As my colleague David A. Graham writes, the payments were made through Michael Cohen, a former Trump operative turned prosecution witness, who paid Daniels $130,000 for her silence. The defense failed to convince the jury that Cohen was not a credible witness to Trump’s crimes despite a past record of dishonesty.

[David A. Graham: Guilty on all counts]

Instead, Trump and his allies spent most of their efforts putting the trial on trial, attacking the presiding judge and the process itself in bombastic press conferences outside the courtroom. Trump was far from being unfairly treated—anyone else engaging in such behavior would have been jailed for contempt; rather, Justice Juan Merchan bent over backwards to overlook his antics. Trump violated gag orders by attacking witnesses and attempting to intimidate Daniels during testimony that “at times seemed to be describing nonconsensual sex,” and attacked the judge’s daughter as a “Rabid Trump Hater.” Yet Merchan told Trump, “The last thing I want to do is put you in jail.” In this trial and others, Trump has received special treatment precisely because he is an important political figure.  

Many political writers originally reacted with disdain to Bragg’s charges, treating them as a sideshow to the much more serious state and federal charges regarding Trump’s alleged theft of classified records and unlawful attempt to seize power after losing the 2020 election. It is true that compared with potentially exposing nuclear secrets to foreign spies and attempting to end American democracy, trying to cover up his encounter with Daniels seems like a much less serious crime. But that cover-up, prosecutors said, was also an attempt to influence an election, and the jury convicted Trump on all 34 counts relatively quickly, after two days of deliberation—a sign of the strength of Bragg’s case and a smoothly run trial. Not every jury gets it right, and not every trial is fair. But few of the Republican objections even contest that Trump did the things he was convicted of doing; they simply amount to demands that Trump be able to commit crimes with impunity, because anything less would be political persecution.

Republican lawmakers have settled on rhetoric attacking the trial itself, alleging that, as House Speaker Mike Johnson said, “Democrats cheered as they convicted the leader of the opposing party on ridiculous charges.” That is not what happened. The document-falsification charges Trump faced are relatively common in New York, even if the theory that they could be upped to felonies because of their connection to an attempt to influence a federal election was novel. Trump was convicted, as the Constitution demands, by a jury of his peers in the city where his crimes were committed, in a process Thomas Jefferson described as “the only anchor, ever yet imagined by man, by which a government can be held to the principles of its constitution.” The American Founders considered trial by jury one of the core ideals of the American Revolution, in part because royal judges were considered too beholden to the King.

Republicans are attacking the New York trial because that court was seen as insufficiently beholden to their king. That prosecution proceeded relatively smoothly because right-wing judges lacked the ability to sabotage or delay the process. My colleague David Frum wrote that “it says something dark about the American legal system that it cannot deal promptly and effectively with a coup d’état.” But the culprit here is not “the American legal system.” Trials for the more serious federal charges against Trump have been delayed by a sustained attack on the rule of law carried out by right-wing legal activists embedded in the judiciary who are committed to postponing any trial long enough for Trump to potentially win an election and then dismiss the charges himself. Put simply, Trump is unlikely to be tried for these more serious charges not because of vague problems with the American legal system, but because a lot of federal judges are Republicans who want the leader of their party to get away with committing federal crimes.

The Trump-appointed Judge Aileen Cannon has, as The New York Times reported, “effectively imperiled the future of a criminal prosecution that once seemed the most straightforward of the four Mr. Trump is facing.” She “has largely accomplished this by granting a serious hearing to almost every issue—no matter how far-fetched—that Mr. Trump’s lawyers have raised, playing directly into the former president’s strategy of delaying the case from reaching trial.”

The conservative-dominated Supreme Court, of which fully a third of the justices are Trump appointees, has also gone along with Trump’s legal strategy of delaying a trial as long as possible. “In recent years, the Roberts Court has shown greater and greater impatience with criminal defendants’ efforts to forestall punishment,” the law professor Aziz Huq wrote in February, noting that “a general hostility to foot-dragging in criminal cases is a through line in the court’s docket.” Not so with Trump.

“The reason Trump has nevertheless sought to slow down the immunity appeals process is obvious: to postpone the trial date, hopefully pushing it into a time when, as president, he would control the Department of Justice and thus could quash the prosecution altogether,” Andrew Weissmann and Ryan Goodman wrote in The Atlantic in March. “The Supreme Court has shamed itself by being a party to this, when the sole issue before the Court is presidential immunity.”

Trump’s legal theory that former presidents are immune to prosecution for crimes committed while in office unless impeached for those crimes is so laughably broad that it would allow a president to assassinate a political rival and then avoid impeachment by threatening to slaughter every lawmaker in Congress. Yet the right-wing justices, sworn to uphold a constitutional order in which no one is above the law, seemed strangely intrigued by this assertion of imperial power during oral arguments earlier this month. Justice Samuel Alito, who has not denied that a flag supporting Trump’s attempted coup was flying outside his house just days after it happened, wondered out loud if prosecuting former presidents who try to overthrow democracy might harm democracy.

The right-wing justices are acting like Republican politicians who believe they are obligated to delay the trial of their party leader as long as possible and potentially prevent it from happening. This is not simply my jaded assessment. Today, Speaker Johnson told Fox News, “I think that the Justices on the Court—I know many of them personally—I think they are deeply concerned about that, as we are. So I think they’ll set this straight.”

Even if the justices reject Trump’s absurd legal theories, their dawdling may still prevent a trial from taking place before November. This gamesmanship by the justices on behalf of the party that appointed them bears far more resemblance to a corrupt or rigged process than a trial by a jury of one’s peers does. And that’s precisely the issue: In a Manhattan courtroom, facing 12 ordinary American citizens, Trump could not count on right-wing legal elites to skew the proceeding in his favor. Trump is not angry because the Manhattan trial that convicted him was rigged; he is angry because it wasn’t.

One should take a moment to appreciate the absolute failure of the Republican elite, who have repeatedly refused to hold Trump accountable. Twice Trump was impeached by Congress for interfering in American elections—once by trying to blackmail a foreign government into falsely implicating his political rival in a crime, and once for trying to keep himself in power by fraudulent schemes and violence. Both times, Republican senators spared Trump the consequences by acquitting him.

Whether they did so out of fear of Trump and his followers or because they are on board with his authoritarian project, the result is the same: The head of the GOP is a convicted criminal who holds democracy in contempt and whose objective is seizing power in order to keep himself out of prison. Republicans have only themselves to blame for this outcome.

[Read: The twisted logic of Trump’s attacks on judges]

As the writer Osita Nwanevu noted in March, “The only people who've ever held Trump meaningfully accountable over the last nine years have been ordinary Americans and they've spent that entire time being lectured to and berated by elites who've failed to do anything.” This is overbroad—Democrats impeached him twice—but there is something to it nonetheless. Republican senators voted to acquit twice knowing that Trump was guilty. Most Republican politicians and conservative media figures kissed Trump’s filthy ring rather than ruin their career or even defend their family from his degrading insults. Right-wing jurists have adapted their supposedly ironclad judicial philosophies to fit Trumpist imperatives.

The 12 jurors who convicted Donald Trump will not have taxpayer-funded bodyguards for the rest of their life. They are not protected by reverence for their office or by their connections to power or money. They surely understood that by convicting Trump, they could be subject to harassment and violence, much as others who have refused to do Trump’s bidding have been.

Yet those 12 random New Yorkers showed more courage in convicting Donald Trump, knowing that they could be hounded for doing so, than nearly the entire conservative elite has in the past decade. Small wonder that this same elite is so terrified of the possibility of Trump facing another jury of his peers, an American institution that has so far proved itself resistant to Trump’s corrupting influence.

Boeing Is Losing the New Space Race

The Atlantic

www.theatlantic.com › science › archive › 2024 › 05 › boeing-starliner-crewed-test-flight-errors-nasa-spacex › 678559

Tomorrow, in Cape Canaveral, Florida, a Boeing-built spacecraft is set to blast off toward the International Space Station, carrying a human crew for the first time. The astronauts have been in preflight quarantine, getting some extra practice for the historic ride through flight simulations. The rocket stands tall on the launchpad, with the spacecraft, Starliner, perched on top. The weather forecast looks nearly perfect.

This might be more exciting if we hadn’t seen it all before. Boeing’s first crewed launch was originally supposed to happen three weeks ago. The astronauts donned new Boeing-blue spacesuits, said goodbye to their loved ones, and strapped into a capsule perched on a rocket humming with fuel. Then a valve on the rocket malfunctioned, and the launch was called off and rescheduled. Then engineers discovered a small helium leak within Starliner itself. While analyzing the leak, engineers stumbled upon a “design vulnerability” in the spacecraft’s propulsion system, further delaying the test flight. It’s surreal to imagine that this spacecraft might actually get off the ground tomorrow—not only because of the recent trouble, but because these problems are just the latest in a string of issues.

Even if Starliner flies tomorrow, Boeing’s track record with this kind of spaceflight has so far proved spotty at best. That’s concerning because actual people are getting into Starliner tomorrow to jet off to the ISS. But the company’s record also matters because every Boeing misstep leaves the United States ever more reliant on its rival company, SpaceX, and its CEO, Elon Musk, to transport its astronaut to space. Boeing doesn’t need to be the most groundbreaking or exciting American aerospace company to fulfill its duty to NASA. It merely needs to be a reliable transportation provider for America’s astronaut corps. And with this flight, it must prove that Starliner can simply work.

In 2011, after three decades of service, 135 missions, and two deadly disasters, America’s venerated fleet of space shuttles went into permanent retirement. But the country still needed a way to send its astronauts to the International Space Station, which demands constant staffing. So NASA turned to the private sector for help. It hired two companies—one young and inventive, the other established and staid—to develop new rides for its commuting spacefarers. SpaceX brought its first duo of astronauts to the ISS in the spring of 2020, in the thick of the pandemic. Since then, SpaceX has been consistently transporting four-person crews to the station, inside the company’s Dragon spacecraft and on its Falcon 9 rocket.

[Read: SpaceX’s riskiest business]

And Boeing … Well, last year, NASA’s second-in-command, Pam Melroy, told The Washington Post that Boeing’s inability to cross over into operational Starliner flights was "existential." In addition to the most recent round of software glitches and faulty hardware, Starliner has suffered repeated complications that have set it several years behind schedule. Boeing and SpaceX started out at roughly the same pace, both launching their respective new astronaut capsule to the ISS for the first time in 2019. But whereas SpaceX’s test went off without a hitch, Boeing’s was cut short. I still remember the eerie silence that settled over the press site at Kennedy Space Center, in Florida, when officials realized that Starliner’s flight software had malfunctioned, and the spacecraft couldn’t reach the space station. Then, as Starliner made its way home, engineers discovered and fixed a software error that, if left uncorrected, could have resulted in a catastrophic failure.

Boeing didn’t complete a successful uncrewed mission until 2022, and has spent the past two years fixing still more issues. Every new space vehicle turns up problems for manufacturers to troubleshoot and iron out, and delays are common in the industry. But Boeing’s struggles have only compounded in recent weeks, when engineers made concerning discoveries about Starliner after NASA and Boeing officials had determined that the spacecraft was finally ready to fly.

Technicians have since replaced the wonky valve on the rocket, a frequently used vehicle from the manufacturer United Launch Alliance. Officials have decided not to plug the helium leak, determining that it doesn’t pose a safety hazard. An analysis of the propulsion system’s design vulnerability on Starliner determined that it could prevent the spacecraft from carrying out the maneuvers necessary to return to Earth, but only under rare circumstances. Engineers have also brainstormed several temporary solutions to the latter. Boeing officials said they’ll apply a permanent fix to later Starliner flights, but for now, the teams have decided the spacecraft is fine to launch as is.

At a press conference last week, Mark Nappi, the manager of Boeing’s commercial-spaceflight program, said that although his team had missed the design weakness, he wasn’t concerned about Boeing’s process for determining flight readiness. "Hardware issues or hardware failures are just part of our business," Nappi said. "They are going to occur as we do launch preps; they’re going to occur in flight." Uncovering anomalies is indeed a natural part of the spaceflight industry. But such reasoning might not sound reassuring to the public. (Earlier today, a Boeing spokesperson told me that the company has no additional comment on the latest issues and pointed to Nappi’s recent remarks.)

All of this drama is unfolding while Boeing is under intense scrutiny for other recent events: this year’s infamous panel-blowing-off-the-plane-mid-flight incident and two fatal crashes several years before that. The company’s air and space divisions are two separate entities, and air travel and spaceflight are, of course, enormously different experiences. Starliner staff has NASA personnel watching over their shoulders, especially after the space agency admitted in 2020 that its oversight had previously been "insufficient." But the departments are part of the same embattled company, which faces multiple government investigations and the loss of its CEO amid the ongoing safety crisis. With every delay and bad surprise, the space part of Boeing will have a harder time convincing the government and the public that it’s the more capable, responsible sibling.

[Jerry Useem: Boeing and the dark age of American manufacturing]

Boeing is supposed to make six regular-service flights for NASA in the coming years. In so doing, it would help fulfill the agency’s desire to have more than one form of astronaut transportation in operation. NASA leaders have touted competition among contractors as a way to make spaceflight cheaper, but they also have more pressing motivators than cost. If SpaceX, the agency’s current sole provider, has to suddenly ground its spaceships, NASA would have to consider turning to Russia for rides again. This arrangement brought NASA through the post-shuttle years from 2011 to 2020, but some members of Congress have always resented the arrangement.

Now NASA has once again deemed Boeing ready to attempt a crewed Starliner flight, and is projecting a fairly calm attitude about Starliner’s latest round of problems. When asked whether NASA was concerned that the issues hadn’t been found sooner, leaders emphasized that the inaugural crewed mission is a test flight. In fact, all of the 135 flights the space shuttles made could be considered test flights, "because we learned something on every single one of those flights," Jim Free, NASA’s associate administrator, said at the press conference last week. More than half a century in, spaceflight remains a dangerous production. By informally labeling every mission a test flight, NASA risks diminishing the importance of accountability for problems that arise, especially in the aftermath of a harrowing or even deadly event.

Tomorrow’s launch, if it happens, will mark only the beginning of Boeing’s high-stakes demonstration. Starliner must deliver the astronauts assigned to it—the former military pilots Barry Wilmore and Sunita Williams—to the space station, protect them during a fiery atmospheric reentry, and land them in the New Mexico desert. In a recent post about Wilmore and Williams on X, Chris Hadfield, a retired Canadian astronaut who flew on two shuttle missions, wrote, “We’ve never been totally ready for launch—just need to convince ourselves we’re ready enough.” Perhaps only someone who has flown to space can say the quiet part out loud.

How 2024 Could Transform American Elections

The Atlantic

www.theatlantic.com › politics › archive › 2024 › 05 › 2024-election-reform-final-four-voting › 678550

The nation’s tiniest state legislative chamber has been unusually prolific lately. In its most recent session, Alaska’s Senate overcame years of acrimony and deadlock to pass major bills to increase spending on public schools, combat climate change and a state energy shortage, and strengthen penalties for drug dealers. “The universal feeling,” Cathy Giessel, the senate’s majority leader, told me, “was that this was the most productive two years that we have experienced.”

Giessel, a Republican who first took office in 2010, attributes this success not to her colleagues, exactly, but to how they were chosen. In 2022, Alaska became the first state to experiment with a new kind of election. All candidates—regardless of party—competed against one another in the primary, and the top four vote-getters advanced. In November, the winner was determined by ranked-choice voting, in which people list candidates by order of preference. The system—called Final Four Voting—gave a substantial boost to moderates from both parties. Republican Senator Lisa Murkowski won a fourth term, and a centrist Democrat defeated Sarah Palin, the former Alaska governor and 2008 GOP vice-presidential nominee, capturing a House seat that Republicans had held for a half century.

But Final Four had an even bigger impact in the state Senate, where Democrats narrowed the GOP’s long-standing majority. Giessel, who had lost in a traditional primary two years earlier, won her seat back. She and seven of her colleagues ditched three far-right GOP lawmakers to form a governing coalition with Democrats. The group decided to set aside divisive social issues such as abortion and gender identity and focus exclusively on areas where they could find common ground.

[Read: The political-reform movement scores its biggest win yet]

The legislative dealmaking that ensued was exactly what the designers of Final Four Voting had hoped for when Alaskans approved the system in a 2020 statewide referendum. In essence, Final Four is a radical reform designed to de-radicalize politics. Its purpose is to make general elections more competitive and to encourage compromise among lawmakers who had previously held on to power simply by catering to a small, polarized primary electorate that determines the winners of most modern campaigns. This year could be an inflection point for the reform: Four more states—ranging from blue to deep red—could adopt versions of Final Four, and Alaskans will vote on whether to repeal it. In November, voters frustrated with both parties will have a chance to transform the way they pick their leaders—or quash what reformers hope will be the future of American elections.

Final Four isn’t inherently ideological, but it appeals most to voters frustrated with polarization—“normal people who want normal things done,” as Scott Kendall, a former Murkowski aide who led the 2020 campaign to adopt Final Four in Alaska, put it to me.

The ideas that make up Alaska’s system aren’t new. California and Washington State have had nonpartisan primaries for years, and South Dakota voters could approve them in November. Maine has ranked-choice voting for federal elections; Oregon could adopt ranked voting this fall. But Alaska is the first state to combine the two reforms. Final Four backers hope that many more will follow, and they are pouring millions of dollars into ballot initiatives this year to expand it to Nevada, Colorado, Idaho, and Montana.

A sweep for Final Four would reshape not only state capitols but also Washington, D.C., where the system would, in the coming years, elect up to 10 of the U.S. Senate’s 100 members. Representing a combination of red and blue states, they could “form a problem-solving fulcrum” to address challenges that typically resist compromise, Katherine Gehl, who devised Final Four Voting and has spent millions of dollars campaigning for it, told me. “You really can see in Congress a difference with as few as 10 senators,” she said, citing comprehensive immigration reform as an example.

To gain a firmer foothold, advocates of Final Four must clear a number of obstacles. Critics say the system is too confusing for voters to grasp and too complicated for election officials to administer. They also question whether the reform enjoys the broad public support that its wealthy backers claim it does. The proposal faces bipartisan opposition in Nevada. In Alaska, critics on the right hope to scrap the system in its infancy.

And don’t get Colorado started.

The state’s Democratic and Republican parties disagree on virtually everything—except, that is, their shared loathing of Final Four Voting and the businessman, Kent Thiry, who’s trying to bring it to their state. The former CEO of the Denver-based dialysis company DaVita, Thiry has funded successful ballot drives to overhaul political primaries and enable nonpartisan redistricting in Colorado. He’s also a co-chair of the reform group Unite America, which is funding efforts to expand Final Four in other states. Thiry believes that in a year in which most voters don’t like their choices for president, the Final Four movement can “surf that wave of discontent” and offer people in Colorado and elsewhere an opportunity to vote for something new.

[From the December 2019 issue: Too much democracy is bad for democracy]

To Shad Murib, the Democratic Party chair in Colorado, Thiry is simply tossing “a hand grenade” into an election system that voters in the state already like. “It’s a way to rig elections for the highest bidder,” he told me, arguing that doing away with party primaries makes it easier for wealthier candidates to buy their way onto the ballot.

David Williams, the chair of the state’s Republican Party, sees the proposal the same way. The highest bidder, he told me, would be Thiry himself. “This is the one thing me and my counterpart agree on,” Williams told me. “This guy wants to destroy both political parties so that he can get elected.”

Thiry considered a run for governor in 2018, but he told me he was ruling out a bid in 2026. Critics of Final Four, he said, are using his past flirtations with a campaign “as an excuse to not discuss the actual substance of the issue.”

What he doesn’t deny, however, is that reforms such as Final Four are designed to reduce the power of the two major parties. He compares American democracy, rather floridly, to a highway. “The parties control all the on-ramps and the off-ramps, and the toll that they charge in order to get on a democracy highway is kowtowing to the far left or the far right and relatively ignoring the majority in the middle,” Thiry said. “We intend to blow through the toll gates and take back possession of that highway.”

How much voters want this kind of change remains to be seen. Final Four owes its support less to a grassroots movement than to a series of expensive persuasion campaigns funded by a group of wealthy philanthropists. In most cases, they are going around state legislatures, where party leaders aren’t interested in reforms that could threaten their rule.

In Colorado, Democrats say the voting system doesn’t need fixing. Participation in its all-mail elections is already among the highest in the nation, and its Democratic governor and senators are relatively moderate dealmakers. “It’s a solution in search of a problem,” Representative Diana DeGette, a Democrat and the longest-serving member of Colorado’s congressional delegation, told me. To head off Final Four, the state legislature passed a bill that could block voter-approved election reforms from taking effect for years, or possibly forever. Final Four backers are urging the governor, Jared Polis, to veto it.

On top of being unnecessary, critics see the system as a tool of wealthy centrists looking to carve a path to high office for themselves and their allies. But reformers point out that campaigns now aren’t exactly the province of the poor or even of the middle class. Rich people already have a leg up, including in Colorado. Polis, for example, is a tech entrepreneur who spent more than $20 million of his own money to win the post in 2018 after self-funding his first bid for Congress a decade earlier. “They’re just wrong, wrong, wrong, wrong,” Gehl told me about Final Four’s critics. The system guarantees that four candidates make the November ballot instead of two, she pointed out. “If you double the number of people who can get into Disney World, how does that decrease access?” she said.

In Alaska so far, Final Four hasn’t shown much preference for wealthy office-seekers; indeed, it has seemed to attract candidates from underrepresented backgrounds. In 2022, an Alaska Native won a seat in Congress for the first time, and more women ran for office than in the five previous cycles combined. “The open primary blows the doors open not just for women but for minorities,” Giessel said. “It changes the game completely.”

The debut of Final Four in Alaska had its challenges. The sudden death of 88-year-old Representative Don Young on a plane flight in March 2022 opened up Alaska’s lone House seat for the first time since he took office, in 1973, and forced the state to roll out its new system in a special election months earlier than planned.

“It felt like chaos,” Kendall, the Final Four campaigner, told me. Mary Peltola, a centrist and a Murkowski ally, ran as a Democrat and defeated both Palin and another Republican, Nick Begich, through ranked-choice voting. Although the two Republicans collectively earned more votes than Peltola in the initial tally, more than one-quarter of Begich’s voters ranked the Democrat above Palin.

Republicans responded to the defeat by bashing ranked-choice voting, echoing the GOP’s opposition to the system in Maine, where voters approved it after two victories by the Trumpian Governor Paul LePage. Critics of Alaska’s system have succeeded in gathering enough signatures to place a repeal measure on the ballot in November, which Kendall is fighting in court.

Phillip Izon, who is running the repeal drive, told me that the system in Alaska is “fundamentally flawed” and would require “generations” of voter education before people could adequately understand it. He cited the high number of voters who refused to rank their candidates during the special election, and a subsequent drop in turnout in the November midterms. “They say it’s cheaper. They say it’s faster. They say it helps third parties,” he said. “And none of this is true.”

[Read: A radical idea for fixing polarization]

Central to Izon’s critique is the sense that Alaskans didn’t really want Final Four to begin with. In 2020, the transformation of the state’s election system was packaged into a single ballot question with other proposed changes, most notably a popular push to ban “dark money” in state campaigns. Voters, Izon argued, had been “brainwashed” into approving Final Four. Izon told me that he is not registered with either party and doesn’t want his effort to be labeled as partisan. But a video on his campaign’s website leads with quotes from Donald Trump, who has denounced “ranked choice crap voting” as “a total rigged deal.”

Backers of the system say Izon is misstating or exaggerating his claims. “There was no hiding the ball,” Kendall told me, referring to the 2020 referendum. Nor did Republicans get wiped out under Final Four in 2022. Although they lost the House seat to Peltola and a few seats in the legislature, conservative Governor Mike Dunleavy easily won reelection. “We had a lot more opponents the last time around than we do now,” Kendall said.

Yet the champions of Final Four are clearly unnerved by the repeal effort, worrying that it could stunt the idea’s momentum not only in Alaska but elsewhere. The fact that Alaskans could ditch the system so quickly offers opponents in other states a handy talking point. In Nevada, for example, voters approved a version of the system (with five final-round candidates instead of four) in 2022, but under the state’s constitution, they must do so again this fall for it to take effect. “Change is hard. New is hard, and making the case in a crowded year is hard,” Gehl said.

When I spoke with Thiry, he also seemed prepared for some defeats. “Voters are appropriately going to not just run off to the first fancy and new idea that they hear or see,” he said. “If you look at the history of movements in America, every one that we looked at took some heavy hits early on, but they persevered. And we have every intention of doing the same.”

Americans Are Thinking About Immigration All Wrong

The Atlantic

www.theatlantic.com › ideas › archive › 2024 › 05 › america-needs-philosophical-reboot-immigration-policy › 678535

What’s the United States’ most important problem? For the past three months, Americans have offered the same answer: immigration. More than inflation or political polarization, Americans are vexed by the influx of migrants. Republicans’ concerns spiked after the most recent southern-border crisis. But they’re not alone. In April, the number of independents who said immigration was the country’s biggest problem reached a high in Gallup polling dating back to 2014.

Scolding Americans for their alarm is pointless. The state of U.S. immigration policy is objectively chaotic. When Joe Biden became president, he rolled back some Trump-era restrictions, at the same time that migrants began to take greater advantage of loopholes in asylum law to stay in the country longer. Meanwhile, a sharp rise in crime in parts of Central and South America, combined with the strong U.S. economy, created the conditions for migration to surge. In 2022, illegal crossings hit a record high of 2.2 million. As asylum seekers made their way north, cities struggled to house them. In New York City, so many hotel rooms are taken up by migrants that it has created a historic shortage of tourist lodging.  

In a perfect world, the brokenness of America’s immigration system would inspire Congress to swiftly pass new legislation convincing voters that the U.S. controls whom we let in and keep out of the country. The basic contours of this grand bargain have been fairly clear for decades. In exchange for expanded opportunities for legal immigration—more visas, more green cards, and targeted policies to increase immigration in technology and science—liberals would agree to stricter enforcement and control at the border. But major immigration reform is stuck. Changing the law requires Congress, and in the latest example of feckless delay, Donald Trump has instructed congressional Republicans to sandbag negotiations with the White House, to avoid giving the Biden administration an election-year win. What we’re left with is the perception of immigration chaos, anger about the chaos, and dithering in the face of it.

If American politicians are ever going to think about immigration policy through the lens of long-term opportunity planning rather than immediate crisis response, they first need to convince the American people that those long-term opportunities exist. This case is actually easy to make. Cheaper and more plentiful houses, higher average wages, more jobs, more innovation, more scientific breakthroughs in medicine, and more state government revenue without higher taxes—all while sticking it to our geopolitical adversary, China—require more immigration. Across economics, national security, fiscal sustainability, and geopolitical power, immigration is the opposite of America’s worst problem. It holds clear solutions to America’s most pressing issues.

Immigration has for decades, even centuries, created a temporal paradox in American discourse: pride in the country’s history of immigration coming up against fears of its present and future. Benjamin Franklin, whose father was born in England, complained that migration from Central Europe would swarm the young nation’s Anglican culture with undue German influence. In the late 1800s, a more Germanic nation feared the influence of incoming Italians. A century later, a nation that had fully embraced Italian Americans bemoaned the influence of incoming Mexicans.

[Ari Berman: The conservative who turned white anxiety into a movement]

Although this brisk history of nativism might seem to make light of today’s anti-immigrant sentiment, ignoring the fears that people have about a sudden influx of migrants is counterproductive. The border crisis is not just a news-media illusion, or a platform for empty grandstanding. It really has endangered thousands of migrants and drained city and state resources, causing a liberal backlash even in deep-blue places. Last September, New York City Mayor Eric Adams predicted that the migrant crisis would “destroy New York.” As tens of thousands of migrants moved into Chicago, the city spent hundreds of millions of dollars to provide them with housing and education, building resentment among Black residents. What’s more, papering over anxieties about competition from foreign-born workers is not helpful. The Harvard economist Gordon Hanson asked me to think about the experience of a barber in an American city. If immigrants moving into his area open barber shops, they might reduce his ability to retain customers, raise prices, or make rent. The logic of fear is understandable: More competition within a given industry means less income for its incumbents.

Many Americans—and, really, many residents of every other nation—think about immigration through this lens of scarcity. If the economy includes a fixed number of jobs, then more foreign-born workers means less work left for Americans. If America contains a fixed number of houses, more immigrants means less space for Americans to live.

But the truth is that no nation comprises a fixed amount of work or income. Population growth, economic growth, and income growth can be mutually reinforcing. “At the national level, immigration benefits from a more-is-more principle,” Hanson told me. “More people, and more density of people, leads to good things happening, like more specialization of labor.”

Specialization of labor might sound drab and technical. But it’s a key part of why immigration can help even low-income workers earn more money over time. Last month, the economists Alessandro Caiumi and Giovanni Peri published a new paper concluding that, from 2000 to 2019, immigration had a “positive and significant effect” on wage growth for less educated native workers. The key mechanism, they found, is that, over time, immigrants and natives specialize in different jobs that complement one another. As low-education immigrants cluster in fields such as construction, machine operation, and home-health-aid work, native-born workers upgrade to white-collar jobs with higher pay. To take the example of the American barber, let’s imagine that his son decides to go to a trade school or college to increase his skills in response to intense competition for barbers. He might be better off, making a higher wage than he would have had he remained in the profession. Although such specialization can be difficult for some people who switch out of their parents’ fields, it can lead to a more dynamic economy with higher wages for all.

For the past few years, I have been thinking and writing about an abundance agenda to identify win-win policies for Americans in housing, energy, health care, and beyond. Immigration is an essential ingredient in this agenda. The U.S. must contend with a national housing shortage that has contributed to record-high living costs and bone-dry inventory in some major metros. This is a story not merely about overregulation, zoning laws, and permitting requirements, but also about labor supply. The construction industry is short several hundred thousand jobs. In the largest states—such as California, Texas, and New York—two in five construction workers are foreign-born, according to estimates by the National Association of Home Builders. “The biggest challenge that the construction industry is facing [is] that people don’t want their babies to grow up to be construction workers,” Brian Turmail, the vice president of public affairs at the Associated General Contractors of America, has said. If Americans want more houses, we might very well need more foreign-born workers to build them. Achieving clean-energy abundance requires immigrants too. One in six solar and photovoltaic installers is an immigrant, according to the Bureau of Labor Statistics, and “23 percent of all green job workers are foreign born,” according to a report by the Mercatus Center at George Mason University.

The debate over low-skill immigration and its effect on the economy can get a bit technical, if you’re an economist, and emotional, if you’re an anxious native worker. But even if Republicans and Democrats can’t agree on the complex macroeconomics of letting less educated migrants enter the U.S. in higher numbers, we cannot let that disagreement hold hostage the obvious benefits of expanding our recruitment of foreign-born talents into the U.S.

Immigration-as-recruitment is a particularly useful framework as the U.S. embraces a new kind of industrial policy to build more chips and clean-energy tech domestically. As The Wall Street Journal’s Greg Ip wrote, America’s new economic strategy has three parts. The first is subsidies to build products in the U.S. that are crucial to our national security and energy independence, such as advanced semiconductor chips and electric vehicles. The second part is tariffs on cheap Chinese imports in these sectors. The third is explicit restrictions on Chinese technology that could be used to surveil or influence U.S. companies and people, such as Trump-era laws against Huawei equipment and the Biden-era law to force the sale of TikTok.

But this newly fashioned stool is missing an essential leg. If the U.S. is going to become more strategically selfish about protecting key industries such as computer-chip manufacturing from foreign competition, we need to revamp our high-skill-immigration policy too. In fact, the new American economic paradigm doesn’t make any sense otherwise. As a rich country, the U.S. will be at a disadvantage in semiconductor manufacturing because of our higher labor costs. If we can't win on costs, we have to win on brains. That means staffing our semiconductor factories with the world’s most talented workers.

[Jack Herrera: Is Texas about to turn Latinos into single-issue voters?]

Semiconductor manufacturing requires a highly specialized workforce that is distributed around the world and concentrated in Asia. A large share of workers in advanced-chip manufacturing live in India and China. But green-card caps limit their ability to move to the U.S. As a result, we’re at risk of spending tens of billions of dollars on factories and products without a plan to staff them. “The talent shortage is the most critical issue confronting the semiconductor industry today,” Ajit Manocha, the president of the industry association for semiconductor equipment and materials manufacturers, said in 2022. This is a fixable problem. The Economic Innovation Group, a centrist think tank, has proposed a “Chipmaker’s Visa” that would annually authorize an accelerated path to a green card for 10,000 immigrants with specialized skills in semiconductor manufacturing.

What’s true for chipmaking is also true for AI development. According to the Federation of American Scientists, more “top-tier” AI researchers are born in China than in any other country in the world. But two-thirds of these elite researchers work in the U.S. The number could probably be even higher if the U.S. had a smarter, future-looking immigration policy regime. The administration has already taken small steps forward. In October, Biden issued an executive order that asked existing authorities to streamline visa criteria for immigrants with expertise in AI. More could be done with congressional help.

If the U.S. is in the early stages of a new cold war with the authoritarian axis of China, Russia, and Iran, we can’t logically pursue an industrial policy without an equally purposeful immigration policy. Immigration policy is industrial policy, because immigrants have for decades been a linchpin in our technological growth. As Jeremy Neufeld, a fellow at the Institute for Progress, has written, 30 percent of U.S. patents, almost 40 percent of U.S. Nobel Prizes in science, and more than 50 percent of billion-dollar U.S. start-ups belong to immigrants. And yet, we’ve allowed waiting times for green cards to grow, while the number of applicants stuck in immigration backlogs has gotten so large that some talented immigrants have stopped waiting and left the U.S. entirely. This is madness. Failing to solve the immigration-recruitment kludge as we spend hundreds of billions of dollars on technology subsidies is about as strategic as training to run a marathon while subsisting on a diet of donuts. When it comes to high-skill-immigration policy, we are getting in our own way.

Immigration is central to America’s national security, industrial policy, abundance agenda, affordability crisis, and technological dominance. Without a higher number of foreign-born workers, the U.S. will have less of everything that makes us materially prosperous. But none of these advantages should distract immigration proponents from the fact that failure to secure the border is a gift to immigration restrictionists. Border chaos is horrendous branding for the pro-immigration cause.

“Immigration is too important to be chaotic,” Hanson, the economist, told me. “Chaos leads to short-term policy fixes. But you don’t want a 10-month immigration policy for the U.S. You want a 100-year immigration policy.”

Taking that 100-year view leads to perhaps the most powerful case for expanding immigration. The Lancet recently published an analysis of global population trends through the end of the 21st century. By 2064, the worldwide human population will peak, researchers projected, at which point almost every rich country will have been shrinking for decades. Fertility is already below replacement level in almost every rich industrialized country in the world. In Japan and South Korea, there are already fewer working-age adults with every passing year. China’s birth rate has fallen by 50 percent in just the past decade. Within a few years, immigration will be the only dependable lever of population growth for every rich industrialized nation.

The U.S. faces a stark choice. Politicians can squander the fact that the U.S. is the world’s most popular destination for people on the move. They can frame immigration as a persistent threat to U.S. national security, U.S. workers, and the solidity of U.S. culture. Or they can take the century-long view and recognize that America’s national security, the growth of the U.S. labor force, and the project of American greatness all depend on a plan to demonstrate enough control over the border that we can continue to expand immigration without incurring the wrath of restrictionists.

The Real ‘Deep State’

The Atlantic

www.theatlantic.com › magazine › archive › 2024 › 07 › wolves-of-k-street-book-review-lobbying › 678523

This story seems to be about:

On March 18, news broke that Donald Trump intended to restore the disgraced lobbyist Paul Manafort to the ranks of his campaign advisers. In any other moral universe, this would have been an unimaginable rehabilitation. Back in 2016, as revelations about Manafort’s work on behalf of pro-Kremlin politicians in Ukraine began appearing in the press, even Trump considered him a figure so toxic that he forced him to resign as chair of his campaign. Two years later, Manafort was locked up in federal prison on charges of tax evasion and money laundering, among other transgressions. His was one of the most precipitous falls in the history of Washington.

But at this stage in that history, it’s not remotely shocking to learn that the revolving door continues to turn. By the end of Trump’s term, Manafort had already won a presidential pardon. His unwillingness to cooperate with Special Counsel Robert Mueller’s investigation had earned him Trump’s unstinting admiration: “Such respect for a brave man,” he tweeted. Now it seemed that Manafort’s loyalty would be rewarded with the lobbyist’s most valuable tool: the perception of access, at an opportune moment.

In early May, under growing media scrutiny for international consulting work that he’d reportedly been involved in after his pardon, Manafort said that he would “stick to the sidelines,” playing a less visible role in supporting Trump. (He’d recently been in Milwaukee, part of meetings about this summer’s Republican National Convention programming.) But if Trump wins the election, Manafort won’t need 2024 campaign work officially on his résumé to convince corporations and foreign regimes that he can bend U.S. policy on their behalf—­and he and his ilk will be able to follow through on such pledges with unimpeded ease. A second Trump term would mark the culmination of the story chronicled by the brothers Luke and Brody Mullins, a pair of energetic reporters, in their absorbing new book, The Wolves of K Street: The Secret History of How Big Money Took Over Big Government.

[From the March 2018 issue: Franklin Foer on the origins of Paul Manafort]

As Trump dreams about governing a second time, he and his inner circle have declared their intention to purge what they call the “deep state”: the civil service that they regard as one of the greatest obstacles to the realization of Trump’s agenda. What they don’t say is that the definition of the deep state—an entrenched force that wields power regardless of the administration in the White House—now fits the business of lobbying better than it does the faceless bureaucracy. This is the deep state, should Trump emerge the victor in the fall, that stands to achieve near-total domination of public power.

Lobbying, like Hollywood and Silicon Valley, is a quintessentially American industry. The sector took root along the K Street corridor of gleaming glass-and-steel buildings in downtown D.C. during the 1970s. Though accurately capturing the scale of its growth is hard, a study by George Mason University’s Stephen S. Fuller Institute reported that, in 2016, the “advocacy cluster” employed more than 117,000 workers in metropolitan Washington (that’s more than the population of Manchester, New Hampshire). In theory, lobbying is a constitutionally protected form of redressing grievances. Businesses have every right to argue their case in front of government officials whose policies affect their industries. In practice, lobbying has become a pernicious force in national life, courtesy of corporate America, which hugely outspends other constituencies—­labor unions, consumer and environmental groups—­on an enterprise now dedicated to honing ever more sophisticated methods of shaping public opinion in service of its own ends.

The forerunners of the modern lobbyist were Tommy “The Cork” Corcoran, a member of President Franklin D. Roosevelt’s brain trust, and Clark Clifford, who ran President Harry Truman’s poker games. Both men left jobs in government to become freelance fixers, working on behalf of corporate behemoths (the United Fruit Company, for example, and General Electric). Mystique was essential to their method. Corcoran kept his name out of the phone book and off his office door. If a company was bothered by a nettlesome bureaucrat—­­or wanted help overthrowing a hostile Central American government—they were the men ready to pick up the phone and make it so.

But Corcoran and Clifford were anomalous figures. In the late ’60s, only about 60 registered lobbyists were working in Washington. Most businesses, during the decades of postwar prosperity, didn’t see the point in hiring that sort of help. Management was at peace with labor. Corporations paid their taxes, while reaping ample profits. Then along came Ralph Nader, a young Harvard Law School graduate who ignited the modern consumer movement. By dint of his fervent advocacy, he managed to rally Congress to pass the National Traffic and Motor Vehicle Safety Act in 1966, which led auto­makers to install headrests and shatter-resistant windshields. Nader, a scrappy upstart, single-handedly outmaneuvered the great General Motors.

[From the October 1966 issue: Elizabeth Drew on the politics of automobile safety]

Slow to register an emerging threat, corporate America sat complacently on the sidelines while an expansive new regulatory state emerged, posing a potential obstacle to business imperatives: The Environmental Protection Agency was established in 1970, followed by the Occupational Safety and Health Administration the next year, and the Consumer Product Safety Commission in 1972. Meanwhile, in 1971, a lawyer in Richmond, Virginia, named Lewis Powell urged a counterrevolution, writing a memo that called on the corporate world to build the infrastructure that would cultivate pro-business intellectuals and amass political power to defend the free market. Later that year, Richard Nixon named him to the Supreme Court.

A figure from outside the conservative orbit became the ground commander of the corporate cause in the capital. Tommy Boggs was the son of the legendary Hale Boggs, a Democratic congressman from Louisiana. The Great Society was, in no small measure, Hale’s legislative handiwork, and Washington was in Tommy’s blood. (As a boy, he ran House Speaker Sam Rayburn’s private elevator in the Capitol.) He saw how he could become a successor to Corcoran and Clifford, but on a far grander scale. After a failed run for Congress in 1970, he devoted himself to expanding the lobbying firm Patton Boggs.

Boggs mobilized a grand corporate alliance (including television networks, advertising agencies, and food conglomerates) to roll back the liberal state—and then ferociously used his connections on his clients’ behalf. M&M’s and Milky Way (he was working for the Mars candy company) were among the beneficiaries of a major victory. Jimmy Carter’s Federal Trade Commission had threatened to regulate the advertising of candy and sugar-heavy cereals directed at kids. Boggs sent the deputy editor of The Washington Post’s editorial page, Meg Greenfield, material about the horrors of this regulation. The newspaper then published an editorial with the memorable headline “The FTC as National Nanny.” Senators thundered against the absurdity of the new vigilance. The FTC abandoned its plans.

Boggs ignited not just a revolution in American government, but a cultural transformation of Washington. Before his ascent, patricians with boarding-school pedigrees sat atop the city’s social hierarchy, disdainful of pecuniary interests and the ostentatious flaunting of wealth. Boggs, very highly paid to work his wonders, rubbed his success in Washington’s face. He would cruise around town in one of the firm’s fleet of luxury cars with a brick-size mobile phone plastered to his face, a cigar dangling from his mouth.

The story that unfolds in The Wolves of K Street features an ironic twist: Liberal activists figured out how to mobilize the public to care about important issues and how to inspire them to become democratically engaged. K Street fixers saw this success, then adapted the tactics to serve the interests of corporations. In the Mullinses’ narrative, this evolution found its embodiment in Tony Podesta. An activist who came of age during the anti-war movement of the 1960s and a veteran of George McGovern’s 1972 presidential campaign, Podesta made his name running the TV producer Norman Lear’s group People for the American Way, a progressive counterweight to Jerry Falwell’s Moral Majority. In 1987, Podesta helped rally the left to sink Robert Bork, Ronald Reagan’s Supreme Court nominee.

Not long after, Podesta left the world of public-interest advocacy and began to sell his expertise—­at first primarily to liberal groups, then almost exclusively to businesses. Using the techniques he learned while working with Lear, he specialized in deploying celebrity figures to influence public attitudes, counting on citizen sentiment to in turn sway politicians. To block the FDA from regulating vitamins in 1993 (his client was a group of dietary-supplement manufacturers), he cut an ad with the actor Mel Gibson that depicted a SWAT team busting him at home for possessing vitamin C. “Call the U.S. Senate and tell them that you want to take your vitamins in peace,” Gibson said in a voice-over.

With stunning speed, Podesta—a bon vivant who went on to amass one of Washington’s most impressive private collections of contemporary art—had gone from excelling in impassioned advocacy to becoming promiscuous in his choice of client. To fund his lifestyle, the Mullinses write, he helped Lockheed Martin win approval of the sale of F-16s to Pakistan, even though the Indian government, another client of the Podesta Group, opposed the deal. He represented the tire manufacturer Michelin and its competitor Pirelli. Over the objections of his staff, he joined forces with Paul Manafort to polish the image of Viktor Yanukovych, the corrupt pro-Kremlin politician who ruled Ukraine until a revolution ousted him in 2014.

As K Street boomed, the Mullinses show, its denizens remade American life well beyond Washington culture. They report that the firm Black, Manafort, Stone, and Kelly, also a central player in their book, aided the Australian magnate Rupert Murdoch in overcoming regulatory obstacles and extending his corrosive media empire in the United States. In the ’80s, the firm became masters at deregulating industries and securing tax breaks for the powerful—$130 million for Bethlehem Steel, $58 million for Chrysler, $38 million for Johnson & Johnson—helping to usher in an age of corporate impunity and gaping inequality.

The Wolves of K Street is full of cautionary tales about the normalization of corruption. Revolving-door practices—leaving government jobs and parlaying insider connections into lucrative lobbying work—became part of the system. Meanwhile, the culture fueled fraudulent self-aggrandizing of the sort on lurid display in the sad case of a relatively fringe figure named Evan Morris. A kid from Queens who first arrived in town as a college intern in the Clinton White House, he quickly grasped that K Street represented the city’s best path to power and wealth. He scored a coveted job at Tommy Boggs’s firm while in law school, arriving just as lobbyists became essential cogs in a whole new realm: the machinery of electioneering.

The McCain-Feingold Act of 2002—campaign-finance legislation intended to wean the political system off big donors—prevented corporations and individuals from writing massive checks to political parties. Unable to rely as heavily on big donors, campaigns were happy to outsource to lobbyists the arduous job of rounding up smaller contributions from the wealthy: Lobbyists became “bundlers,” in fundraising parlance. As a 20-something, Morris proved to be one of the Democratic Party’s most exuberant solicitors, promising donors VIP access to events that he couldn’t provide, or intimating that he was asking on behalf of Boggs himself, which he wasn’t. Despite his relative inexperience, he managed to schmooze with the likes of Chuck Schumer and Hillary Clinton.

He went on to work for Roche, a Swiss pharmaceutical giant, and hatched a kind of campaign that he described as “black ops.” Amid the bird-flu outbreak of 2005, the Mullinses write, he began urging the government to stockpile the antiviral medication that Roche produced. He hired consultants to promote news stories that stoked public panic about the bird flu. He compiled studies touting the benefits of the drug, including some written by people who had at one point received money from Roche. The government bought more than $1 billion worth of the antiviral.

Morris’s job was to bend perception—and he also tried to bend the way that Washington perceived him. In 2009, he was hired to head the Washington office of Genentech, a Roche subsidiary. He became relentlessly acquisitive: three Porsches, multiple Cartiers and Rolexes, humidors filled with the finest cigars. Apparently, many of Morris’s extravagant purchases were bought with Genentech’s money, including a condo in San Francisco and a GMC Yukon.

Such a brazen scheme didn’t escape his superiors’ notice. While being presented by investigators with damning evidence of his malfeasance, Morris left the room to take a bathroom break and never returned. That afternoon, he went to the Robert Trent Jones Golf Club in Gainesville, Virginia, which he had paid a $150,000 initiation fee to join. That night, he retreated to a quiet corner of the club grounds and shot himself with a Smith & Wesson revolver. He was 38.

Yet such downfall narratives feel strangely dissonant. Although a handful of lobbyists may suffer a dramatic tumble from grace, the industry itself does nothing but boom. Each time a new reform surfaces, aimed at curtailing K Street’s power, influence peddlers figure out how to exploit the rules for greater influence and profit. Although Trump promised to drain this swamp, the swamp flourished. From 2016 to 2018, spending on K Street increased 9 percent, rising to $3.5 billion.

Washington lobbying firms have ballooned into conglomerates, resembling the multinational corporations that hire them. K Street currently consists of data analysts, pollsters, social-media mavens, crisis managers, grassroots organizers. Lobbying firms are one-stop shops for manipulating opinion—and are experts at image management, including their own: Their employees’ business cards identify them as “consultants” and “strategists,” now that everyone associates lobbying with sleaze.

Lobbying has disguised itself so well that it is often barely visible even to savvy Washington insiders. The Mullinses tell the story of Jim Courtovich, the head of a boutique public-relations firm and a close collaborator of Evan Morris’s. Courtovich’s business plan featured splashy parties that attracted top journalists and other prominent figures with whom he hoped to trade favors. Mingling with the media, the Mullinses write, Courtovich encouraged stories that might help his clients; in one case they cite, the goal was to damage a Saudi client’s rival. Starting in the fall of 2015, many such gatherings were hosted at a house his firm owned on Capitol Hill; presumably, the reporters who attended them had no idea that Saudi investors had financed the purchase of the building. In 2016, the authors note, Courtovich began working for the Saudi-government official who would later allegedly orchestrate the murder of The Washington Post’s Jamal Khashoggi, a colleague of the journalists he assiduously cultivated.

As lobbying has matured, it has grown ever more adept at turning government into a profit center for its clients. Even Big Tech, which once treated Washington with disdainful detachment, seems to have felt the irresistible, lobbyist-enabled pull of chunky contracts with the feds. Such possibilities were part of the pitch to Amazon, for example, to erect a second corporate headquarters in Crystal City, Virginia, enticed by the prospect of pursuing multibillion-dollar contracts with the likes of the CIA and the Pentagon. (Amazon has said that political considerations played no part in the company’s decision.)

For eager beneficiaries of government largesse—not to mention for their equally wolfish facilitators—a second Trump administration would represent a bonanza, unprecedented in the history of K Street. Trump’s plan to overturn a bureaucratic ethos that has prevailed since the late 19th century—­according to which good government requires disinterested experts, more loyal to the principles of public stewardship than to any politician—opens the way to installing cronies who will serve as handmaidens of K Street. The civil service, however beleaguered, has acted as an imperfect bulwark against the assault of corporate interests. Its replacement would be something close to the opposite. The hacks recruited to populate government departments will be primed to fulfill the desires of campaign donors and those who pay tribute to the president; they will trade favors with lobbyists who dangle the prospect of future employment in front of them. This new coterie of bureaucrats would wreck the competence of the administrative state—and the wolves of K Street will feast on the carcass of responsible governance.

This article appears in the July/August 2024 print edition with the headline “The Industry That Ate America.”

Nuclear Energy’s Bottom Line

The Atlantic

www.theatlantic.com › ideas › archive › 2024 › 05 › nuclear-power-climate-change › 678483

Nuclear energy occupies a strange place in the American psyche—representing at once a dream of endless emissions-free power and a nightmare of catastrophic meltdowns and radioactive waste. The more prosaic downside is that new plants are extremely expensive: America’s most recent attempt to build a nuclear facility, in Georgia, was supposed to be completed in four years for $14 billion. Instead it took more than 10 years and had a final price tag of $35 billionabout 10 times the cost of a natural-gas plant with the same energy output.

But the United States might not have the luxury of treating nuclear energy as a lost cause: The Department of Energy estimates that the country must triple its nuclear-power output by 2050 to be on track for its climate targets. For all the recent progress in wind and solar energy, renewables on their own almost certainly won’t be enough. Arguably, then, we have no choice but to figure out how to build nuclear plants affordably again.

Half a century ago, nuclear energy seemed destined to become the power source of the future. The first commercial-reactor designs were approved in the 1950s, and by the late ’60s, America was pumping them out at a fraction of what they cost today. In 1970, the Atomic Energy Commission predicted that more than 1,000 reactors would be operating in the United States by the year 2000.

In the popular history of atomic energy in America, the turning point was the infamous meltdown at the Three Mile Island plant in 1979. In the aftermath of the accident, environmentalists pressured regulators to impose additional safety requirements on new and existing plants. Nuclear-energy advocates argue that these regulations were mostly unnecessary. All they did, in this telling, was make plants so expensive and slow to build that utility companies turned back to coal and gas. Activists and regulators had overreacted and killed America’s best shot at carbon-free energy.

This story contains some kernels of truth. The safety risk of nuclear energy is often wildly overblown. No one died at Three Mile Island, and later studies found that it didn’t have any adverse health effects on the local community. Even including the deadly meltdowns at Chernobyl and Fukushima, nuclear power has most likely caused only a few hundred deaths, putting its safety record on par with wind turbines and solar panels, which occasionally catch fire or cause workers to fall. (The immediate areas around the sites of the Chernobyl and Fukushima disasters have, however, been rendered uninhabitable for decades because of the potential dangers of radiation.) Nuclear waste can be harmful if mishandled, but isn’t difficult to store safely. Air pollution from fossil fuels, meanwhile, is estimated to kill anywhere from 5 million to 9 million people every year.

[Read: Nuclear is hot, for the moment]

The claim that excessive regulation single-handedly ruined the American nuclear industry, however, doesn’t hold up. The cost of building new nuclear plants was already rising before Three Mile Island. Several nuclear-energy experts told me that a major driver of those cost increases was actually a lack of industry standards. According to Jessica Lovering, the executive director of Good Energy Collective and a co-author of a widely cited study on the cost of nuclear energy, throughout the ’60s and ’70s, utilities kept trying to build bigger, more ambitious reactors for every new project instead of just sticking with a single model. (Lovering used to be the head of nuclear policy at the Breakthrough Institute—a think tank that tends to warn against excessive regulation.) “It’s like if Boeing went through all the trouble to build one 737, then immediately threw out the design and started again from scratch,” she told me. “That’s a recipe for high costs.” The 94 nuclear reactors operating in the United States today are based on more than 50 different designs. In countries such as France and South Korea, by contrast, public utilities coalesced around a handful of reactor types and subsequently saw costs remain steady or fall.

Lovering also noted that the overregulation story leaves out a crucial fact: Because of a slowing economy, electricity demand flatlined in the early 1980s, causing American utilities to stop building basically every electricity-generating resource, not just nuclear plants. By the time the U.S. finally did try to build them again, in 2013, the American nuclear industry had all but withered away. “In the 1970s, we had a whole ecosystem of unionized workers and contractors and developers and utilities who knew how to build this stuff,” Josh Freed, who leads the climate and energy program at Third Way, a center-left think tank, told me. “But when we stopped building, that ecosystem died off.” This became obvious during the disastrous Vogtle project, in Georgia—the one that ended up costing $35 billion. Expensive changes had to be made to the reactor design midway through construction. Parts arrived late. Workers made all kinds of rookie mistakes. In one case, an incorrect rebar installation triggered a seven-and-a-half-month regulatory delay. Experts estimate that by the time it was finished, the project was four to six times more expensive per unit of energy produced than plants built in the early ’70s.

Given the impracticality of nuclear energy, some environmentalists argue that we should focus on wind and solar. These technologies can’t power the entire grid today, because the sun doesn’t always shine and the wind doesn’t always blow. With enough advances in battery-storage technology, however, they could in theory provide 24/7 power at a far lower price than building nuclear plants. “The nuclear industry has been promising cheap, clean energy for decades at this point,” David Schlissel, a director at the Institute for Energy Economics and Financial Analysis, told me. “Why waste our money on false hopes when we could be putting it towards technologies that have a real chance of working?”

He may be right about the technology. But just because it might one day be technically feasible to power the entire grid with renewables doesn’t mean it will ever be politically feasible. That’s because wind and solar require land—a lot of land. According to Princeton University’s “Net-Zero America” study, reaching net-zero emissions with renewables alone would involve placing solar panels on land equivalent to the area of Virginia and setting up wind farms spanning an area equivalent to Arkansas, Iowa, Kansas, Missouri, Nebraska, and Oklahoma combined. The more land you need, the more you run into the meat grinder of American NIMBYism. Efforts to build renewables are already getting bogged down by local opposition, costly lawsuits, and permitting delays. These challenges will only intensify as the easiest sites come off the board.

Transmission lines, which are needed to transport renewable energy from where it’s generated to where it’s used, may present an even bigger challenge. Some lines have taken nearly two decades just to receive their full suite of approvals. “There’s a chance we will suddenly get our act together and overcome the many, many constraints to deploying renewables,” Jesse Jenkins, who leads the Princeton Zero-Carbon Energy Systems Research and Optimization Lab, told me. “But I’m certainly not willing to bet the fate of the planet on that happening.”

The case for nuclear, then, is less about technological possibilities than it is about political realities. Nuclear can generate the same amount of power while using 1/30th as much land as solar and about 1/200th as much as wind. Reactors can be built anywhere, not just in areas with lots of natural wind and sunshine, eliminating the need for huge transmission lines and making it easier to select sites without as much local opposition. And nuclear plants happen to generate the greatest number of high-paying jobs of any energy source, by far. (On average, they employ six times as many workers as an equivalent wind or solar project does and pay those workers 50 percent more.) That helps explain why four different towns in Wyoming recently fought over the right to host a nuclear project. Nuclear power is also the only energy source with overwhelming bipartisan support in Washington, which makes Congress more likely to address future bottlenecks and hurdles as they arise.

[Brian Deese: The next front in the war against climate change]

As for how to make the economics work, there are two schools of thought. One holds that if America forgot how to build nuclear because we stopped doing it, we just need to start back up. Pick a design, build lots of plants, and we’ll eventually get better. Other countries have done this with great success; South Korea, for instance, slashed the cost of constructing nuclear plants in half from 1971 to 2008. Here, the Vogtle project carries a silver lining: The second of the plant’s two reactors was about 30 percent cheaper to build than the first, because workers and project managers learned from their mistakes the first time around. “I consider Vogtle a success,” Mike Goff, acting assistant secretary for the Department of Energy’s Office of Nuclear Energy, told me. “We learned all kinds of hard lessons. Now we just need to apply them to future projects.”

The second school of thought is that we’ve been building nuclear reactors the wrong way all along. This camp points out that over the past half century, basically every kind of major infrastructure project—highways, skyscrapers, subways—has gotten more expensive, whereas manufactured goods—TVs, solar panels, electric-vehicle batteries—have gotten cheaper. Lowering costs turns out to be much easier when a product is mass-produced on an assembly line than when it has to be built from scratch in the real world every single time. That’s why dozens of companies are now racing to build nuclear reactors that are, in a phrase I heard from multiple sources, “more like airplanes and less like airports.” Some are simply smaller versions of the reactors the U.S. used to build; others involve brand-new designs that are less likely to melt down and therefore don’t require nearly as much big, expensive equipment to operate safely. What unites them is a belief that the secret to making nuclear cheap is making it smaller, less complicated, and easier to mass-produce.

Both paths remain unproven—so the Biden administration is placing bets on each of them. The president’s signature climate bill, the Inflation Reduction Act, included generous tax credits that could reduce the cost of a nuclear project by 30 to 50 percent, and the Bipartisan Infrastructure Law included $2.5 billion to fund the construction of two new reactors using original designs. The Department of Energy, meanwhile, is exploring different options for permanent nuclear-waste storage, investing in building a domestic supply chain for uranium, and helping companies navigate the process of getting reactor designs approved.

There’s no guarantee that the U.S. will ever relearn the art of building nuclear energy efficiently. Betting on the future of atomic power requires a leap of faith. But America may have to take that leap, because the alternative is so much worse. “We just have to be successful,” Mike Goff told me. “Failure is not an option.”

Mark Robinson Is Testing the Bounds of GOP Extremism

The Atlantic

www.theatlantic.com › ideas › archive › 2024 › 05 › mark-robinson-maga-north-carolina-governor › 678506

This story seems to be about:

A decade ago, Mark Robinson had a dead-end job and a nasty habit of posting anti-Semitic, homophobic, and sexist screeds on Facebook. Today he is North Carolina’s lieutenant governor. This November, he could become the state’s first Black governor.

“There is a REASON the liberal media fills the airwaves with programs about the NAZI and the ‘6 million Jews’ they murdered,” Robinson wrote on Facebook in 2017. “There is also a REASON those same liberals DO NOT FILL the airwaves with programs about the Communist and the 100+ million PEOPLE they murdered throughout the 20th century.” He also blasted the movie Black Panther as “created by an agnostic Jew and put to film by satanic marxist [sic],” adding, “How can this trash, that was only created to pull the shekels out of your Schvartze pockets, invoke any pride?” He had a recurring bit about Michelle Obama being a man. He said Beyoncé’s music sounds like “satanic chants.” He’s no less inflammatory offline, where he has called homosexuality “filth” and endorsed corporal punishment for children.

These views are awful but hardly unusual. What is unusual is that the man professing them won North Carolina’s Republican primary for governor in March. He will face Josh Stein, a Democrat and the current state attorney general, in November. Robinson’s fringe positions have led some to assume that he can’t win, but polls indicate that the race is very close. Robinson could reshape the politics of North Carolina, which has tried in recent years to attract newcomers from around the country. He also provides a test of how extreme a MAGA Republican can be and still win office outside deep-red states—of what, if anything, is too extreme in contemporary politics.

[David Frum: The GOP is just obnoxious]

Robinson declined multiple requests for an interview, but I read his memoir, Facebook posts, and statements, and spoke with North Carolina political insiders, to understand how he went from anonymity to the top of the party’s ticket in less than a decade. His rise is reminiscent of Donald Trump’s: Republican leaders thought they could use him for their ends, but he had his own vision. Should he lose, the GOP will miss out on a seat that a generic Republican could have won. Should he win, Republicans will have the challenge of dealing with Governor Robinson.

Back in the days before his political rise, Robinson’s Facebook friends mostly responded to his political opinions with semi-affectionate eye-rolling or annoyed sniping. These interactions might have been a nice distraction from Robinson’s bleak prospects in his job: In 2014, the office-furniture company Steelcase announced that the plant in High Point, North Carolina, where Robinson worked would soon close. He still carries a note he wrote on an employee suggestion card: “At 12:02 on 7/15/15, I sat at my desk at Steelcase and wondered what I would be doing in 5 years.”

The moment that answered that question came three years later. In April 2018, following the Marjory Stoneman Douglas High School shooting, the Greensboro City Council considered canceling a local gun show. Robinson, then employed unloading trucks and moving finished furniture, delivered a stem-winder in defense of gun rights at the council’s meeting.

“I didn’t have time to write a fancy speech,” said Robinson, a gregarious mountain of a man with a shaved head, a neatly trimmed beard, and a broad drawl. He may have been nervous, but he showed a natural talent for public speaking. “What I want to know is, when are you all going to start standing up for the majority?” he said. “And here’s who the majority is: I’m the majority. I’m a law-abiding citizen who’s never shot anybody, never committed a serious crime, never committed a felony.”

Representative Mark Walker, a North Carolina Republican, shared the speech on Facebook, and it went viral. Three days later, Robinson was on Fox News talking about gun rights. Soon, Republicans were pushing Robinson to use his newfound fame to run for office in 2020.

He was an unusual recruit: He’s Black in a very white party. He is an unapologetic culture warrior in a diversifying and purple state. He is also a blue-collar worker in a country (and party) where most candidates and officials are well-to-do. But grassroots conservatives and party officials urged him to stand for lieutenant governor. His viral moment showed his politics and his ability to get attention. The lieutenant governor of North Carolina doesn’t have many formal duties, so the self-appointed adults in the party would remain in control.

The plan worked, at first: Robinson defeated his Democratic opponent, even though the Republican lost the governor’s race. As lieutenant governor, Robinson has frequently missed meetings of the state Senate, over which he nominally presides, and of the state board of education, on which he sits. His signature initiative, an inquiry into supposed indoctrination in state public schools, seemingly broke open-records laws and then quietly issued a report that was merely a compendium of vague and unsubstantiated anecdotes. (Robinson’s office contends that the commission wasn’t a “public body” subject to transparency laws.) Regardless, Robinson took advantage of the soft power of his office to raise his profile like no lieutenant governor before.

By the time he declared his candidacy for the GOP gubernatorial primary, Robinson was a strong favorite, despite the deep reservations of many Republican leaders. He defeated Dale Folwell, a staid old-school conservative who has served as state treasurer for years. Walker, the representative who’d shared Robinson’s city-council speech, had broken with Robinson and launched a campaign for governor, but got nowhere. A well-funded late-game attempt by the attorney Bill Graham fell short too. Now Robinson is the Republicans’ standard-bearer, like it or not.

Robinson’s rise has perplexed many observers. State GOP leadership, perhaps shy after an anti-trans law backfired, has tended toward more traditional right-wing legislative goals—restricting voting rights, siphoning funds away from public schools, and undoing environmental regulations—than the loudly antagonistic culture war that Robinson wages. For example, Robinson has repeatedly called abortion “murder” and proposed a total ban; GOP leaders in the legislature have denied they want to ban abortion outright and have sought to present their limitations as a “compromise.” But Robert Korstad, a historian at Duke University, told me that although Robinson is an outlier today, he’s a throwback to the state’s previous notoriously conservative national figure.

“He's a contemporary Jesse Helms in many ways, just this kind of bombast,” Korstad said, referring to the late U.S. senator. “Helms said things that were equally vicious and off the wall for many years, going back to the 1950s, so it fills a gap in North Carolina politics that has been there for a long time.”

Although Helms railed against elites, he was a white man from a prominent small-town family, attended the prestigious Wake Forest University, and rose to prominence working at a newspaper and a Raleigh news station. Robinson, by contrast, had a poor and violent childhood in Greensboro, didn’t finish his degree until 2022, and rode social media to political stardom. No prior North Carolina governor and no sitting governor in the United States went straight from a blue-collar job to that office.

The Duke political scientist Nicholas Carnes has calculated that working-class people have never constituted more than 2 percent of Congress, and they currently represent roughly the same portion of state legislatures. Carnes concludes that this is because blue-collar people are simply not running, given the time and financial burdens of campaigning and a lack of recruitment by parties. “Working-class Americans are less likely to hold office for some of the same basic reasons that they’re less likely to participate in politics in other ways: because often they can’t, and nobody asks them,” he writes in his book The Cash Ceiling.

Robinson’s politics are conservative but idiosyncratic and not always coherent. He complains that red tape made it difficult for his wife to manage a day care, but he has demanded more intrusive state regulation of what teachers can and can’t say in the classroom. He rails against “government ‘charity,’” but his wife’s nonprofit received $57,000 in Paycheck Protection Program cash. He preaches fiscal conservatism, but declared personal bankruptcy three times, failed to file taxes for five years, and lost a house to foreclosure. (This is a delicate issue for opponents to bring up, because it may endear Robinson to voters who relate to living in a precarious financial situation.) He laments being bullied by classmates as a child for being poor—“They had all adopted a superior attitude toward me for something I could not help”—but doesn’t seem to empathize with other marginalized people, including LGBTQ people, who may well have had comparable experiences.

His views are atypical among working-class voters, too. Blue-collar voters support a stronger social safety net, more business regulation, more progressive tax policies, and more worker protections. These are typically Democratic goals, but even working-class Republicans are also far more supportive of welfare programs, government health care, and business regulations, and more opposed to income inequality, than Republican business owners, Carnes notes. Robinson is on the other side of each of these issues.

Robinson with former President Donald Trump during a rally on April 9, 2022, in Selma, North Carolina (Allison Joyce / Getty)

Under Trump’s leadership, the Republican Party has made some inroads with white working-class voters. Robinson has sought to bind himself to Trump, though the former president was notably slow to endorse his would-be protegé. He finally gave Robinson the nod just three days before the primary election, somehow catching Robinson’s rivals by surprise. “Looking at his remarks, he seems unaware that he’s endorsing a lawless, AWOL individual who denies the Holocaust, hates women and continues to fleece the taxpayers and donors of North Carolina,” his opponent Folwell posted on X. (The irony that Trump matches much of that description seems to have been lost on Folwell.)

When Trump endorsed Robinson, he inevitably labeled him “Martin Luther King on steroids.” That’s especially cringey because Robinson has criticized Martin Luther King Jr. Day and called King an “ersatz pastor” and a “Communist.” Most Black voters in North Carolina, like those nationally, are heavily Democratic—a fact usually attributed to Democratic support for civil rights. (Four years ago, 92 percent of them supported Joe Biden, according to exit polls.) Some Republicans have argued for years that Black voters hold more conservative views than their voting record would suggest, and that they could be amenable to advances from Republicans. In 2020, Trump made small but significant gains among Black men. Robinson writes in his memoir, We Are the Majority, that he’d accepted the received wisdom in the Black community that Rush Limbaugh was a racist until a friend goaded him into giving the radio host a shot. Robinson found himself nodding along with Limbaugh’s ideas.

Republicans hope that Robinson can bring along more Black voters. His attacks on the civil-rights movement may complicate that. “So many freedoms were lost during the civil-rights movement,” he said in 2018. He has also criticized the famous sit-in at a Woolworth’s in his hometown (“That’s not what you do in a free-market system”) and blamed Communist provocateurs for a 1979 Ku Klux Klan shooting that killed five people in Greensboro.

Robinson’s views more closely echo southern white working-class politics than any strain of Black conservatism, Jarod Roll, a historian of working-class politics at the University of Mississippi, told me. He pointed to Robinson’s affinity for guns, his religiosity, and his emphasis on traditional gender roles. Like Robinson, many workers across North Carolina lost jobs as the textile and furniture industries closed factories or moved them offshore. Among them, Black voters have mostly remained with the Democratic Party, if they vote, while many white ones have moved toward the GOP.

“I don't think he's representative of a new brand of Black conservatives,” Theodore Johnson, a senior adviser at the liberal think-tank New America who studies Black politics, told me. “Robinson is a very particular kind of Black Republican, and it’s a version that’s more partisan than it is ideological, more sensational than it is substantive.”

Minority candidates who tack to the far right, like Robinson, have experienced notable success in the Republican Party since 2008. They may not attract many voters of color, but their conservative views validate them in the eyes of voters who might otherwise assume that, because of their skin color, they are moderates or liberals, Johnson said. At the same time, he said, their race may serve to disarm accusations of racism against the GOP.

This past October, Robinson was acting governor while Governor Roy Cooper, a Democrat, traveled to Japan. Robinson announced a press conference, setting the North Carolina political world abuzz over what he had in mind. Would he announce some major initiative or try to overturn some of Cooper’s policies? Was this some sort of coup?

Robinson arrived at the legislative building in Raleigh flanked by a clutch of young male staffers and wearing the Trump uniform of a boxy suit with a red tie. His big news, it turned out, was a day of prayer and solidarity with Israel following the October 7 attacks. The announcement was plainly intended to neutralize Robinson’s past remarks about Jews, but he seemed unprepared for questions.

“There have been some Facebook posts that were poorly worded on my part and did not convey my real sentiments,” he said, later adding, “I apologize for the wording, not necessarily for the content.” The answer was nonsense: What would it mean to regret the wording but not the content of the claim that Black Panther was a ploy by Jews to take money from Black people?

In his book, Robinson had offered a different excuse: “I was a private citizen. I had a right to say it. You may not like it, but that’s the way it works.” He’s right: He had a right to say it, and many people may not like it. The sophistry illustrates Robinson’s dilemma. He’s risen to prominence thanks to a freewheeling style and far-right views that could turn off the swing voters and moderate Republicans he needs to win.

Democrats in North Carolina, like Democrats everywhere, plan to make abortion central to this year’s campaign. Robinson has in recent months tried to soft-pedal his position. Rolling Stone reported that he’s said that he’s avoiding “the a-word.” His team, wary of Robinson going off script, has granted mainstream media outlets few interviews with him. That may be the only way to keep him from making inflammatory remarks. As with Trump, separating the crazy from the charisma is difficult.

“There’s no danger of Mark Robinson being boring,” Chris Cooper, a political scientist at Western Carolina University (and no relation to the governor), told me. “You could put him in a tweed coat and give him a cup of chamomile, and he’s still going to be engaging.”

[Derek Thompson: The Americans who need chaos]

Josh Stein, Robinson’s Democratic opponent in the governor’s race, is less dynamic. He’s racked up consumer-protection victories in office and cleared a long-standing rape-kit backlog, but altough Stein has styled himself as a successor to the popular Cooper, he lacks the governor’s drawl and common touch. He also hails from Chapel Hill, long derided by conservatives like Helms as a den of dangerous liberalism, and he would be the state’s first Jewish governor.

Republicans hope that the race shapes up like the 2016 presidential election, with voters taking a chance on an unorthodox conservative over a plodding progressive. Although Biden’s campaign says it plans to compete in North Carolina, Republicans expect the president’s unpopularity to dampen Democratic-voter enthusiasm. Democrats prefer to look to the 2022 Pennsylvania governor’s race, in which Attorney General Josh Shapiro defeated MAGA Republican Doug Mastriano by emphasizing his opponent’s extremism, as a template. Stein and progressive allies have stockpiled money for what’s expected to be a brutal offensive against Robinson.

“I see Mark Robinson as a problem for Republicans in North Carolina across the board,” Paul Shumaker told me. A longtime strategist for more traditional Republicans, Shumaker worked for Robinson’s opponent Graham during the primary. According to Shumaker, Stein and his allies will benefit from the fact that the most effective attacks on Robinson are all quotations of things he has said, which could overcome typical voter skepticism about claims made in attack ads. “They’ll have him destroyed by Labor Day,” he said. “Then you start going downballot and start making him a liability for people who hitched a wagon to him.”

Polling suggests that Robinson’s support is already suffering as the barrage begins, though Robinson still has a good chance to win, especially if Trump takes the state by a good margin. (The former president won in North Carolina in both 2016 and 2020.) Shumaker’s point that Robinson is the Democrats’ own best messenger against himself reminded me of a passage in his memoir. Robinson was at a Junior ROTC drill meet in high school when his team was crossing some railroad tracks to get pizza. When a train approached, his comrades wisely moved off the tracks, but Robinson lingered as the engineer laid on his horn. Finally, Robinson jumped—barely dodging the Amtrak, which was moving much faster than the trundling freight that he’d expected.

Robinson waited in a ditch just long enough to convince his friends he’d been killed, then popped out to surprise them. Some were so angry at his prank that they wanted to beat him up: “They’d all thought I was a goner. So, for a moment, did I.”

It’s a strange story—the sort of anecdote that might have seemed pretty funny to a 14-year-old, but is a little weird for an adult to be repeating in a barroom or barbershop in his sixth decade. It’s even weirder for a politician to include in a campaign autobiography, but Robinson sees a moral. “Obviously I don’t condone it,” he wrote. “Yet that energy within me and the desire to take chances, once harnessed to sane and proper ends, have served me well in adulthood.”

Everyone’s entitled to a little youthful indiscretion. The problem in Robinson’s case is that he hasn’t given North Carolinians much reason to believe he’s found those sane and proper ends yet—or ever will.

How the Biggest Climate Legislation Ever Could Still Fail

The Atlantic

www.theatlantic.com › ideas › archive › 2024 › 05 › climate-change-investment-utilities › 678455

In August 2022, the U.S. passed the most ambitious climate legislation of any country, ever. As the director of President Joe Biden’s National Economic Council at the time, I helped design the law. Less than two years later, the Inflation Reduction Act has succeeded beyond my wildest hopes at unleashing demand for clean energy. So why do I find myself lying awake at night, worried that America could still fail to meet its climate goals?

Because even though unprecedented sums of money are flowing into clean energy, our current electricity system is failing to meet Americans’ demand for clean power. If we don’t fix it, the surge in investment will not deliver its full economic and planetary potential.

The Inflation Reduction Act was historic in scale, investing 10 times more than any prior climate legislation in the United States. Our theory was that we could use public incentives to encourage major private investment in areas where technological innovation could pay big dividends. This in turn would make zero-carbon technology cheaper, disperse it more widely, and drive down emissions faster. During two years of intense, often painful legislative negotiations, I wondered whether we would ever get to test this theory in practice. We ran endless models, but the models only get you so far. If we provided the public incentives, would the private investment really come?

We now can definitively say that the answer is yes. Total investment in clean energy was more than 70 percent higher in 2023 than in 2021, and now represents a larger share of U.S. domestic investment than oil and gas. Clean-energy manufacturing is off the charts. Money is disproportionately flowing into promising technologies that have yet to reach mass adoption, such as hydrogen, advanced geothermal, and carbon removal. And, thanks to a provision that allows companies to buy and sell the tax credits they generate, the law is creating an entirely new market for small developers.

But for all of this progress to deliver, it needs to translate into clean energy that Americans can actually use. In 2023, we added 32 gigawatts of clean electricity to the U.S. grid in the form of new solar, battery storage, wind, and nuclear. It was a record—but it was still only about two-thirds of what’s necessary to stay on track with the IRA’s goal of reducing emissions by 40 percent by 2030.

For decades, the biggest obstacle to clean energy in the U.S. was insufficient demand. That is no longer the case. The problem now is the structure of our electricity markets: the way we produce and consume electricity in America. We need to fix that if we want the biggest clean-energy investment in history to actually get the job done.

The topic of utility reform operates in what the climate writer David Roberts has described as a “force field of tedium.” I can say from experience that starting a cocktail-party conversation about public-utility-commission elections is a good way to find yourself standing alone. But if you care about averting the most apocalyptic consequences of climate change, you need to care about utilities.

A century ago, utilities were granted regional monopolies to sell electricity subject to a basic bargain. They could earn a profit by charging consumers for investments in building new power plants and transmission lines; in exchange, they’d commit to providing reliable electricity to all, and submit to regulation to make sure they followed through.

This model made sense for much of the 20th century, when generating electricity required building big, expensive fossil-fuel-powered steam turbines, and utilities needed to be assured of a healthy return on such heavy up-front investments. But it is at least a generation out of date. Over the past several decades, technology has opened up new ways of meeting consumers’ electricity demand. The 20th-century utility model doesn’t encourage this innovation. Instead, it defaults toward simply building more fossil-fuel-burning plants. As a result, consumers get a less reliable product at higher prices, and decarbonization takes a back seat.

[Robinson Meyer: It wasn’t just oil companies spreading climate denial]

Consider batteries. In recent years, battery technology has made huge leaps. Large batteries can charge up when prices are low, then push renewable electricity back onto the grid when people need power—even when the sun isn’t shining and the wind isn’t blowing. They can be paired with rooftop solar panels to create virtual power plants that balance out the grid, saving consumers billions of dollars a year while helping to meet electricity demand. During one evening in April, for example, batteries supplied as much as a fifth of California’s total energy demand.

Many utilities, however, won’t prioritize installing batteries, and they won’t invest in solutions that let consumers do more with less energy. That’s because these programs lower utilities’ capital expenditures, which lowers the rates they charge consumers and, in turn, their profits. If utilities don’t get paid for innovating, they’re unlikely to do it.

The problem is even more pronounced when it comes to our electricity grid. Right now the grid is old, dumb, and too small. New technology makes it easier to change that. Just by rewiring lines from the 1950s with advanced conductors made of materials such as carbon fiber, we can double the amount of power they move. If we did this at scale, the existing grid could meet all projected electricity demand over the next decade. This tech isn’t science fiction. It has been piloted in the field since the early 2000s. But utilities aren’t investing in it at scale.

Part of the problem is our antiquated system for permitting and siting transmission projects, which takes too long and costs too much. That’s why the White House worked with Senator Joe Manchin and other legislators to establish a framework for permitting reform to be passed separately from the IRA, an effort that unfortunately has stalled in Congress. But the deeper issue is the system in which our utilities themselves operate.

The IRA didn’t fix these issues. We were working with a 50–50 Senate, with no Republican support. That meant we had to pass the law through the budget-reconciliation process, which doesn’t allow for rewriting regulations. And although we were aware of the problems with electricity markets, we underestimated just how big a barrier they would pose to clean-energy adoption. This doesn’t mean the IRA is destined to fail. What it means is that the next phase of the fight against climate change must be the comparatively wonky, unsexy work of reforming our outdated electricity markets.

On a policy level, this isn’t rocket science. In Australia, households are paid for sending electricity back into the grid. Lo and behold, Australia today has the highest rate of rooftop solar panels per capita of any country. In the U.S., state legislatures and regulators in places as varied as Utah and Hawaii have figured out how to pay households to install batteries and send electricity back to the grid. Last year, Montana unanimously passed a law that gave utilities a financial incentive to use more advanced materials in their transmission lines. But these remain the exceptions to the rule.

[George Packer: How Virginia took on Dominion Energy]

The underlying challenge is political. As the incumbents in electricity markets, some utilities have a track record of undercutting regulatory reform. This can include illegal corruption, such as the case of a utility in Illinois that was caught bribing the Illinois House speaker to support legislation that raised consumers’ rates. More often, utilities rely on the depressingly legal practice of using money from Americans’ electricity bills to lobby regulators and legislators.

Utility companies’ most powerful weapon, however, isn’t cash or clout: It’s the force field of tedium. Even to environmentalists, the issue of utility reform feels esoteric and abstract. Yet what in the past may have felt like avoidable wonkery is now existential. Demand for electricity is surging for the first time in two decades, spurred by the spread of data centers. Across the Southeast, vertically integrated utilities are claiming that rising demand leaves them with no choice but to burn more fossil fuels. As recently as last month, Georgia Power won approval to build new gas plants over the objections of corporate customers and consumer advocates.

But the potential for winning politics is here as well. Biden has made leveling the playing field a centerpiece of his economic agenda. The environmental movement needs to tap into the same impulse. The price of energy touches every American family and business. If a utility is trying to bill consumers for the cost of an expensive new natural-gas plant instead of cheaper and cleaner alternatives, that isn’t a fair price—it’s a junk fee that consumers are paying for no good reason. When a utility misuses your money to influence its own regulators, that’s simple corruption.

Shifting this approach will not happen without a new vocabulary and new coalitions. The climate movement must recognize that its primary target is no longer just Big Oil; it’s the regulatory barriers that keep clean energy from getting built and delivered efficiently to American homes. The movement also needs to pressure Big Tech companies, whose AI offerings are driving up energy demands, to follow through on their lofty climate talk by supporting reform in the utility system as well.

Solving these problems will not be easy. But the IRA’s success to date, unfinished though it may be, offers hope. When we get the politics and the incentives right, we can generate change far faster than we ever predicted.