I am flabbergasted, in a good way, that President Biden has nominated Lina Khan to be a commissioner at the Federal Trade Commission. I’ve never met her in person, but she’s been legal counsel at the Open Markets Institute where my brother Phillip is the policy director. I have used her as a source in my writing on antitrust. She’s one of the top antagonists of Big Tech platform monopolies in the country, and an expert in the field. She’s the exact kind of person who supposed to be in a position of authority in this country but never is because of the power of Wall Street and Silicon Valley.
But let me put this another way.
During the Democratic presidential primaries, I narrowed my top two choices down to Joe Biden and Elizabeth Warren. Biden was what my brain was telling me. I saw him as an almost ideal foil to Trump, and he was. But my heart wanted Warren and I really believed that what made her preferable to Biden was that she’d nominate people like Lina Khan. I wasn’t even sure Warren would be so bold, but I knew Biden wouldn’t never consider such a move. And he just proved me wrong. I am extremely impressed. Here’s the White House bio:
Lina Khan is an associate professor of law at Columbia Law School, where she teaches and writes about antitrust law, infrastructure industries law, and the antimonopoly tradition. Her antitrust scholarship has received several awards and has been published by the Yale Law Journal, Harvard Law Review, Columbia Law Review, and University of Chicago Law Review. Khan previously served as counsel to the U.S. House Judiciary Committee’s Subcommittee on Antitrust, Commercial, and Administrative Law, where she helped lead the Subcommittee’s investigation into digital markets. Khan was also a legal advisor in the office of Commissioner Rohit Chopra at the Federal Trade Commission and legal director at the Open Markets Institute. She is a graduate of Williams College and Yale Law School.
Here’s what Barry Lynn of the Open Markets Institute has to say:
“A generation hence, today will be remembered as one of the most important days in the fight to preserve and rebuild American democracy. President Biden demonstrated a true commitment to restoring the people’s control over the American political economy by nominating Lina Khan to serve on the FTC.
Lina has a unique and far-ranging understanding of the dangers posed by the concentration of private power, and of the tools Americans can use to fix the problem. Lina is also a deeply wise and ethical person able to work collaboratively and constructively with people from across the political spectrum. All of us here at Open Markets are extremely proud of Lina’s work and her dedication to the well-being of all the American people. President Biden has made many excellent decisions in staffing his new administration. His choice of Lina Khan to serve on the FTC is one of his very best.”
People have different definitions of “progressive,” but this is what it means to me. This is the direction I thought only Warren could take us. It’s what I thought I’d have to give up if I opted for Biden instead. I’m beyond thrilled.
This is the best sign I’ve seen yet that Biden has completely transformed himself from the guy who served Delaware’s corporate interests so thoroughly for so long. If the Federal Trade Commission gets serious about monopoly power, the Democrats could have a lock on power not seen since the New Deal, and the country could be headed for a renaissance.
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Her work on Amazon’s monopoly power and the failure of current laws is simple enough for even people like me. If the Democrats can weather the 2022 mid-terms (which has a decent likelihood based on the complete nihilism of the Rethuglicans), then we indeed might be finally moving in the more progressive direction.
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Good post, thanks. Biden’s presidency thus far is a great illustration of how politicians respond to the self-interests of their constituencies. For as long as he was a Delaware senator, Biden was a fierce defender of the interests of credit card companies and banks. Now that he’s party leader of a Democratic party that’s more anti-Wall Street than (arguably) it’s been at any time in his career, he’s appointing people like Lina Khan to key positions.
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Biden is responding to the moment in a profound way. I think he senses that this is a tipping point in the country and either we get through it with a new progressive democratic order, or we lose democracy and the country entirely. It’s really that stark and from my vantage point he’s already the most progressive president in history.
There are five FTC commissioners. This seems like a very good start. I hope we can get a strong progressive majority. Of course we’ll need to get a whole bunch of federal judges too, and the Supreme Court is stacked against us. If Biden had ran and won in 2016, we’d have a progressive Supreme Court.
I think Biden is more progressive now for several reasons vs how he may have governed in 2016 had he won. First , Bernie Sanders ran against HRC in 2016 and exposed how progressive the Democratic base is. After his defeat, Bernie worked to get Democratic progressives elected. Second, HRC lost to Donald Trump! This was fatal to Clintonism and illustrated that neoliberalism in the Democratic party was a big losing strategy. Lastly, Trumpster, his administration, and the Republicans were such an assault on our democracy that many people wondered if their country would still exist–and all this during the worst pandemic Americans have experienced in their lifetime. IMO all these events needed to happen before Biden would govern progressively.
Precisely!
One of my own chokepoints for HRC was her choice of Tim Kaine! Tim Effing Kaine! Who actually lost the 2010 state elections (Obama made him the head of DNC! What was that? It turns out Kaine was Obama’s second choice for Veep! Jeez!) leading to a huge problem of redistricting after the 2010 census – that has now long tail effects for a long long time.
HRC goes and chooses Kaine – a non-distinguished Senator who has NOT A SINGLE important piece of legislation to his name, made NO national news for any specific causes, and basically serves NO known function!
Biden might have chosen him also as his Veep candidate! And then we would have a situation of “with friends like these…”
The Drumpf dumpster fire was needed to move the Overton window, and rid us of the Clntonistas (Podestas, Mark Penn, Rahms of this world,…)!
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