Political rivals test an unusual antidote to pandemic fallout: Compromise
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Version 0 of 1. In Act 2 of Shakespeare’s “The Tempest,” the weather is so foul that a shipwrecked character reluctantly decides to share a shred of shelter with the monstrous Caliban. “Misery acquaints a man with strange bedfellows,” the sailor observes. Little imagination is needed to see how that might become an aphorism about politics. Today’s political weather is foul indeed. White House economic adviser Kevin Hassett forecasts that, by the end of June, the consequences of the covid-19 shutdown for jobs and growth will be the “worst since the Great Depression.” So much for administration happy talk. In response, Senate Majority Leader Mitch McConnell (R-Ky.) has proposed one of the unlikeliest trysts in modern legislative history, a deal that would pair some of the most powerful rivals in Washington under one emergency blanket. On one side are the public employee unions that form the bedrock of the Democratic Party. They’re worried about the impact of the novel coronavirus on state and local government budgets — and they should be, because across the country the bottom is falling out from public coffers like a soggy paper bag. States in trouble can’t just create new money. That’s Uncle Sam’s turf. Unless he comes to the rescue, spending will be slashed, jobs eliminated and pensions squeezed. [Full coverage of the coronavirus pandemic] For Republicans, the bedrock is business, led by the U.S. Chamber of Commerce. One thing business wants from Congress is protection from pandemic-related lawsuits. Chamber members fear that decisions they make in reopening the economy will expose them to lawsuits from employees and customers as expert guidance concerning the virus evolves. McConnell has floated the idea of a bargain in the next round of pandemic relief spending. In exchange for a measure of legal immunity for businesses and other institutions, he could support new funding to bail out states. Sounds simple enough, unless you hang around Congress — in which case, it sounds almost zany. Democrats have fought lawsuit reform ferociously for years. Roughly as long as the GOP has criticized the perks and pensions of public employees. The idea is so unusual that some wonder whether McConnell has something up his sleeve. I tend to think these strange bedfellows might be destined to share a bunk, if only briefly, because the raging weather may leave them little choice. Fear of covid-19 lawsuits is not mere Republican reflex. Already, airlines have been sued over grounded flights; ticket brokers have been sued over canceled events; insurers have been sued over coverage limits; grocers and Internet retailers have been sued over rising prices; hospitals have been sued over the adequacy of protective gear; universities have been sued over campus closures; amusement parks have been sued over unusable season passes; ski resorts have been sued over refunds; strip clubs have sued for federal benefits; a church has been sued for holding services; cruise lines have been sued for sailing with the virus on board; banks have been sued for helping existing customers first with small-business loans; gyms have been sued for collecting membership fees; Walmart has been sued for allegedly allowing a sick worker to infect others; Target has been sued over the efficacy of its hand sanitizer; Hooters has been sued over allegedly stinting on severance benefits; ride-hailing firms have been sued over sick leave for drivers; and multiple employers have been sued for allegedly firing employees who complained about workplace safety measures. If America ever needs a four-word motto to replace “In God we trust,” candor recommends “See you in court.” Under the best of circumstances, our legal system will be busy with pandemic-related litigation for years to come. Yet, to shorten the covid-19 depression as much as possible, we need storekeepers, factory owners, service providers, construction contractors, food processors, university presidents and all institutional leaders to feel confident that good-faith experiments to jump-start the economy won’t lead inadvertently to ruinous torts. Punish gross negligence but not honest mistakes. [The Opinions section is looking for stories of how the coronavirus has affected people of all walks of life. Write to us.] Meanwhile, the peril of the states can’t be ignored. McConnell’s initial suggestion of widespread bankruptcies would have been laughable were it not so alarming. While it’s true that some conservatives have long floated the idea of state bankruptcy as a solution to structural imbalances such as the Illinois pension debacle, others argue that the very idea is unconstitutional. What’s more, the current crisis doesn’t affect just one or two profligate states; the shutdown has gutted revenue in thrifty jurisdictions, too. This is no time for legal experimentation. States need liquidity to ride out the storm. The idea that politics makes strange bedfellows is a close cousin of the maxim that politics is the art of compromise. That C-word has been out of favor in Washington for many years — years in which divisiveness could be indulged at less cost. But there’s a new C-word in town: coronavirus. It changes everything. Read more from David Von Drehle’s archive. Read more: David Von Drehle: Trump has proven it. We’re on our own, America. Jennifer Rubin: Mitch McConnell cries ‘Uncle!’ Jennifer Rubin: Republicans’ Great Depression 2.0 Mike Lee: Washington won’t fix the covid-19 crisis alone. But it can harness the private sector. Jonathan Capehart: ‘We really are on our own here’ in fight against coronavirus, says Michigan governor |