As noted, personal wealth is *never* comprehensively reported to our government—apart from programs supporting people experiencing poverty or disability. The resulting invisibility of high-end wealth has wide consequences for our public discourse and policy design (quick thread).
The invisibility of wealth means: when we attempt to "target" public programs by economic circumstance (as through means-testing)—or generally, when we measure/discuss economic inequality—we look only at the FLOW of current-year income rather than the STOCK of accumulated wealth.
Why does this matter? To be sure, incomes are relevant for certain comparisons—but they're sharply limited in what they can tell us about people's economic circumstances, absent information about wealth (which, again, is generally collected only from those with the LEAST of it).
Sometimes, the effects are obvious in the absurd: Jeff Bezos—wealthiest person on earth—earned a salary of $81,840 during his entire tenure as Amazon CEO. Recently reported tax documents show his "income" in 2011 was low enough for him to claim the means-tested Child Tax Credit.
Or consider Warren Buffet, who reported an average of $31 *million* in annual income—an almost unimaginable amount, to be sure!—over a four-year period in which his wealth increased by an estimated... $24 BILLION. We know this from those same documents: propublica.org/article/the-se…
But it's not only these extreme cases that should concern us. Significantly: focusing on incomes obscures the effects of wealth transferred across generations, much of it accumulated during decades in which families of color were systematically excluded from economic opportunity.
For most of our history, laws that helped create America’s white middle class—government programs providing assistance for housing+education, public employment, & income support—intentionally excluded Black families. The consequences are visible in current distribution of wealth.
A recent Fed study found that intergenerational wealth transfers are “much more prevalent for white households” than for minority families. White families are more than twice as likely to receive inheritances as Black families—among those who did, the average amount was $236,000.
Analyzing these data, William Darity and Darrick Hamilton concluded that “inheritance, bequests, and [gifts from parents to their children] account for more of the racial wealth gap than any other behavioral, demographic, or socioeconomic indicator.” epi.org/publication/re….
Another Fed study found white Boston households were worth an average of $247,500—while median wealth of Black families was "close to zero." A white wage-earner w access to such intergenerational wealth is in a significantly diff economic position than a Black worker earning same
The white wage-earner in this example is considerably more likely to have, among much else, attended college without incurring debt, or purchased a home (any home—but especially one at an affordable monthly mortgage payment, in a neighborhood with high-quality public goods).
The Black worker who lacks access to intergenerational wealth, meanwhile, not only misses on these sources of opportunity, but also likely is diverting from current consumption to send money across generations in the other direction (e.g., helping grandparents pay medical bills).
This is important context when we discuss the distribution of economic advantage and opportunity generally—like those perennial debates about whether some particular income is "rich."
But the effects go far beyond our public debate: the invisibility of wealth also shapes policy.
Recall, again, that our govt doesn't ask—and so cannot know—about accumulated wealth, apart from the particular moments in time when it's realized as current income. So when it attempts to "target" means-tested public programs or tax income, those 2 workers are seen as identical.
This is often poor design for other reasons. As I've written: rather than condition access to critical services & infrastructure on families’ economic means, we should tax wealth wherever it exists—and provide public goods free at the point of consumption. nytimes.com/2021/06/23/opi…
But at minimum, we should recognize (as original tweet pointed out) that our govt's selective interest in measuring wealth—done to deny access to disability/poverty programs, but not even attempted for purposes of taxing unrealized assets—is an indictment of our political system.
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can't stop thinking about the concept, developed under int'l law and also adopted by social movements around the world, of “odious debt”—ie, that certain obligations should not bind the current population, as result of the undemocratic nature of the initial borrowing arrangement.
specifically, the parallels btw 1) ongoing obligations on a public that accompany various forms of public debt and 2) our obligations to the many antidemocratic features of our institutions, all designed at a time when most of the polity was formally excluded from participation.
(if this paper doesn't already exist please no one write it in the next year or so, ty ty)
"Quite simply, law is haunted by race, even when it doesn’t realize it. Allow me to go a step further. Much of our comfort with inequality generally—in terms of gender, class, wellbeing—is buttressed by our history of comfort with racial inequality.” papers.ssrn.com/sol3/papers.cf…
"And in this moment when the country is undergoing a racial reckoning, when law schools have pledged to look inward and become anti-racist and truly inclusive, it makes sense to begin with acknowledging how law schools continue to function as white spaces."
"In short, the end goal of this essay is to imagine the law school no longer as a white space (in terms of demographics, or what is taught, or how it is taught), but as a *white space* (as in a blank page, at once empty and full of possibilities)."
This case is not over until it's over—and journalists should stop proclaiming certainty about future events that are not certain. In NFIB, Roberts (infamously) changed his vote months after oral arguments in response to public pressure. The comments are notable—but it's not over.
I'm not just being cynical. I've written fairly extensively about the politics of the ACA cases—urging folks to take this challenge seriously from the beginning.
This is not over until it is over.
If Kav *votes* that the mandate is severable, I agree that’s the end of this. I don’t think they’ll resolve it on standing; I'd guess they strike the mandate (which is insane) but sever it, as hinted. But that is not certain right now, and won't be until the opinion is announced.
I respectfully disagree. We’re in a situation where the only thing that can stop Republicans from pulling off this attempted authoritarian takeover is certain other *Republicans* (including on the courts) saying no. That outcome hasn’t been an open question before, but it is now.
The key point is that they don’t have to win these lawsuits in order to use these lawsuits to “win”—to hold onto power after Jan. The GOP legislatures in PA+MI could cite these cases to appoint their own electors. They’ve previously indicated that they would not, but they *could*
The question of what happens next in that scenario (or some other similar one) would eventually reach SCOTUS, which could decide it’s a political question. (They might even cynically cite Bush v Gore as negative precedent, a reason not to get involved.) It could go to the House
I personally believe a SCOTUS empowered by judicial supremacy and comprised of justices appointed for life will inevitably tend to be—on average—a bad forum for progressives and marginalized groups, compared to political branches. The 15 years of Warren Court doesn’t change this.
Books have been written on this topic, and I have many thoughts on it. But one point: theories about courts' counter-majoritarian role tend to overlook implications of fact that protecting minority rights is not adjacent to political conflict; it is THE centrally contested issue.
And so the state of having a judiciary that protects minority rights in Time 1 is not some theoretical matter, but rather conditional on having elected, through the political process, the party that prioritizes those rights in Time 0. Indeed, that's the story of the Warren Court!
Quick thread about deep frustrations w #8cantwait: It's not that these reforms are not good policy; they are.
Rather: they are SO PITIFULLY FAR from the structural reforms desperately needed, that efforts to channel the mass uprising into this list of demands SET BACK the cause.
We've been here before. After Ferguson, Obama asked a task force to develop recommendations to “strengthen community policing and trust among law enforcement officers & the communities they serve.” Its report largely avoided questioning the role police should have in our society.
As policy, procedural justice & institutional reforms—bias training, transparency requirements—aren't in conflict w divestment (in near term); stronger policies can be applied to a smaller policing infrastructure. As strategy, pushing those reforms now—as the answer—is dangerous.