Fresh Dialogues(TM) is an interview series with a green focus: Fresh Questions, Fresh Answers. This video interview took place at Foothill College Celebrity Forum on April 1, 2010, just one week before Justice Stevens announced his retirement. Check out the new Fresh Dialogues YouTube Channelmore exclusive interviews.
ALISON VAN DIGGELEN:Hello and welcome. Today on Fresh Dialogues: Jeffrey Toobin.
Jeffrey – thank you so much for joining me on Fresh Dialogues. Let’s go on to your specialty: The Supreme Court. In 2009, they decided against environmentalists in a lot of cases…
JEFFREY TOOBIN: Six out of six.
ALISON VAN DIGGELEN: Yes. What are your thoughts on that, moving forward? Is this going to continue…this anti-environmental stance of the Supreme Court?
JEFFREY TOOBIN: I think that the court as currently constituted will likely continue in that direction. I don’t think it’s a particular hostility to the environment per se. I think it is a general sympathy for corporate defendants in all cases, environmental cases being one category of cases where the corporations are the defendants. They are also generally – the conservative majority – fairly hostile to government regulatory efforts…and the environment is one area, not the only area. So if the court stays as it currently is, I think you’ll see a lot more cases like that.
ALISON VAN DIGGELEN: So would you say, it’s moving more pro-business?
JEFFREY TOOBIN: Clearly
ALISON VAN DIGGELEN: And the environment losing out as a result?
JEFFREY TOOBIN: That’s certainly how the environmentalists see it.
ALISON VAN DIGGELEN: And how do you see it?
JEFFREY TOOBIN: Again, not a field of great expertise of mine, but I see who wins the cases and who loses them. And it’s the polluters who keep winning.
ALISON VAN DIGGELEN: And what about the future? Justice Stevens is due to retire shortly…
JEFFREY TOOBIN: He hasn’t said so officially but I think he will retire this Spring.
ALISON VAN DIGGELEN: So how is that going to change things? What are your predictions?
JEFFREY TOOBIN: I think he is a key member of the liberal four on the court, he will likely be replaced by another liberal. So in terms of the outcome of cases in the next few years, probably not a huge impact, but I often like to quote Byron Whitethe late Justice,who said if you change one Justice, you don’t just change one Justice, you change the whole court. If you start to have an energized liberal group of young – by Supreme Court standards -Justices like Sonia Sotomayor, like the next Obama appointee, the wind could start to be at their back. And if Obama gets re-elected, you could see more appointments…so it’s a big deal.
ALISON VAN DIGGELEN: And who is your No. 1 candidate for that appointment?
JEFFREY TOOBIN: Elena Kagan, the Solicitor General, former Dean of Harvard Law School. Very much an Obama type person – moderate Democrat, a consensus builder…
ALISON VAN DIGGELEN: Do you know if she’s an environmentalist?
JEFFREY TOOBIN: I don’t… I just don’t know. My sense is, it’s just not an issue that has come across her plate a lot…she is someone who has written on administration law, which tends to mean she’s a believer in the power of the Federal Government to regulate. But I wouldn’t…
A – I don’t know what she thinks…and B – I don’t…
A is enough. I don’t know what she thinks about these issues…(laughter)
ALISON VAN DIGGELEN: (laughter) OK. Jeffrey Toobin I really appreciate your taking the time for Fresh Dialogues.
JEFFREY TOOBIN: My pleasure. Nice to see you.
For more Fresh Dialogues Video interviews click here
I sat down with Supreme Court expert, Jeffrey Toobin, to discuss the court’s environmental record and Obama’s likely pick for the Supreme Court to replace Justice Stevens. Without skipping a beat, Toobin said his No. 1 pick is Solicitor General, Elena Kagan.
Just one week later, Justice Stevens announced his retirement and Toobin’s pick became the front runner. Time will tell if he’s right. Obama is expected to announce his nominee very soon.
“She’s former Dean of Harvard Law School (Obama’s alma mater), very much an Obama type person – moderate Democrat, a consensus builder…”
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Is Elena Kagan an environmentalist?
“My sense is that it’s not an issue that has come across her plate a lot…she’s someone who has written on administration law which tends to mean she’s a believer in the power of the Federal Government to regulate.” Jeffrey Toobin
The interview took place at Dick Henning’s Foothill College Celebrity Forumin Silicon Valley on April 1, 2010. For more Fresh Dialogues interviews with business leaders and experts check out Fresh Dialogues YouTube Channel
And here is an ARCHIVE of interviews with Paul Krugman, Tom Friedman, KR Sridhar and many others
This exclusive interview with Nobel Prize winner, Paul Krugman was recorded in Silicon Valley. Dr. Krugman was in town to deliver a lecture as part of the Foothill College Celebrity Forum Series. This segment is titled: Will Climate Legislation Kill the Economy? Click here for video
Alison van Diggelen: Paul thank you very much for joining me today on Fresh Dialogues.
Paul Krugman: OK. Good to be doing this.
Alison: Now some people are saying, climate legislation is going to kill the economy. What do you say to that Paul?
Paul: Well, a lot of people have done serious work in trying to figure this out. Now, to some extent it will be unknown territory: we don’t know what happens when you set the price of carbon significantly higher than it is now, but the economy has got a lot of flexibility. We have precedent. We had the problem of acid rain and we introduced a cap and trade system – SO2 permits – and a lot of people said it was going to kill the economy…terrible stuff. In fact it turned out that dealing with it was cheaper than most estimates had suggested before hand. Given the incentives, the private sector found ways to generate a whole lot less acid rain.
So current estimates are that if we did something like the legislation that the House has already passed, that ten years from now it would be maybe one third of a percentage point off GDP. And 40 years from now, when the constraints would be much stiffer, it would be something like 2% off GDP, relative to what it would otherwise have been. So if you think about what it would do to the growth rate, it’s minimal. We don ‘t know if these numbers are right, but if history is any guide, they’re probably too pessimistic. It’s just not a big deal.
Alison: Let’s talk about your column, Paul… Now you didn’t pull any punches with the Bush administration. You talked last night about the Bush White House being evil and stupid. What is your characterization of the Obama White House?
Paul: Oh, they’re good guys and they’re smart but just not as forceful as I’d like. It’s a world of difference. When I argue with them in my column this is a serious discussion. We really are in effect speaking across the transom here…
Alison: Is it really a dialogue, are you hearing back from them?
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Paul: Ben Bernanke doesn’t call me up but is aware of what I’m writing… people in the administration do call me. I’m never going to be an insider type but at this point I do have genuine contact with both the White House and with congressional leadership. It’s no longer this sort of Cold War as it was during the Bush Years.
Alison: Some people describe your writing as having a missionary zeal. Where does that come from Paul. Can you trace that back?
Paul: Oh. Gosh…I have to say that during the Bush Years, if you didn’t feel passionate that we had to change things, there was something wrong with you…
Alison: You didn’t have a pulse?
Paul: Right. So..before that, I was in fact a pretty cool…uh…
Alison: A cool dude…?
Paul: A pretty cool technocratic sort of writer. I had some fun but I wasn’t crusading. So that is what changed it. And now, I’m trying to make this progressive moment in American history a success. So that’s where I’m pushing.
Alison: So you feel the missionary zeal is gone now, or is it just redirected?
Paul: It’s not the same. There was the sheer.. OMG what a horrible thing…we need to alert people as to what’s going on…I’m still trying to get stuff to happen…it’s less doom laden maybe than it was in the Bush years. But stuff has to happen….I’m still pretty passionate about the column.
Alison: And do you feel you’re more effective as a columnist than inside the government?
Paul: Oh yeah! That’s a personal….you have to know who you are…know what you’re good at. I’m not a…being an effective government official, you have to do bureaucratic maneuvering, be pretty good at being polite at the appropriate moment… you have to be reasonably organized…I’m none of those things.
Alison: An honest man.
Paul: I can move into a pristine office and within three days it will look like a grenade went off.
Alison: [laughter]
Paul: You really don’t want me doing that sort of thing.
Alison: Right. Paul Krugman, thank you so much for taking the time. I really appreciate it.
Paul: Thank you so much.
For more exclusive interviews with leaders, such as Tom Friedman, Maureen Dowd and Charlie Roseclick here
On November 17, I attended the CleanTech OpenAwards Gala at the Masonic Center in San Francisco and enjoyed keynotes from Lesa Mitchellfrom the Kaufman Foundation, Bill Weihl, Google’s Energy Czar and Nancy Pfund, of DBL Investors.
Minutes after his company was picked as the National Award Winner. I sat down with Scott Hublou, co-founder of EcoFactor. His three-year-old start-up has created an energy management systemfor the home that uses weather data to optimize heating and cooling. Scott claims savings of between 20 to 30% are achievable. Sounds pretty attractive in this tough economy, and the judges thought so too.
How did the CleanTech Open and its mentoring help you?
“It forces deep thinking around various different business models. Because there are actual deadlines, it’s kinda like being back in school again where you have to have deliverables… You’re presenting to your peers and potential investors, so you always want to make a good impression… think about sustainability, and good market strategies.”
I talked briefly to Vice President Al Gore off mic, before his speech and look forward to interviewing him for Fresh Dialogues in the future. These audio and video links feature highlights from his rousing speech.
Former Vice President, Al Goreshowed his passion in front of a rapturous Silicon Valley crowd at the 2009 Tech Awardson November 19th. He described a “day of reckoning” and suggested future generations may look back one day and ask,
“What were you thinking? Were you watching Dancing with the Stars? Did you care?”
Dancing? A little dig here to Silicon Valley luminary and co-founder of Apple, Steve Wozniak, who took part in the dance contest last Fall (you really ain’t seen nothing yet…)
Gore then echoed the hope in his new book “Our Choice” – that this generation that will develop a sense of shared purpose, and do what needs to be done to combat climate change. Gore described his deep belief that future generations will instead ask,
“How did you find the moral courage to shake off the lethargy… seize the responsibility and act in time to solve the crisis?”
JEFFREY TOOBIN: I think he is a key member of the liberal four on the court, he will likely be replaced by another liberal. So in terms of the outcome of cases in the next few years, probably not a huge impact, but I often like to quote Byron White the late Justice, who said if you change one Justice, you don’t just change one Justice, you change the whole court. If you start to have an energized liberal group of young – by Supreme Court standards -Justices like Sonia Sotomayor, like the next Obama appointee, the wind could start to be at their back. And if Obama gets re-elected, you could see more appointments…so it’s a big deal.
