Labor Line

January 2026_________________________ 

Labor line has job news and commentary with a one stop short cut for America’s job markets and job related data including the latest data from the Bureau of Labor Statistics. 

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The BLS Establishment Job Report with data released January 9, 2026.

 Commentary From This Month’s Establishment Jobs Press Report Data

A POOR REPORT, BUT COULD BE WORSE

The Bureau of Labor Statistics (BLS) published its January 9, 2026 report for jobs in December. The civilian population increased by an estimated 183 thousand for December but the labor force declined 46 thousand. The decline in the labor force resulted because the unemployed decreased by 278 thousand but 46 thousand of them stopped looking for work and left the labor force while only 232 thousand found employment. The large decrease in the unemployed and moderate increase in the employed combined to decrease the unemployment rate .1% to 4.4%. The participation rate decreased .1% to 62.4 percent.

The seasonally adjusted total of establishment employment was up 50 thousand for December. The increase was 58 thousand more jobs in the private service sector combined with a decrease of 21 thousand jobs from goods production. The total of 37 thousand jobs gained in the private sector combined with a(n) increase of 13 thousand government service jobs accounts for the total increase.

Goods production decreased by 21 thousand jobs with declines in all three subsectors. Natural resources dropped 2 thousand jobs and construction lost 11 thousand jobs where construction of buildings declined 5.4 thousand jobs. Nonresidential specialty trade contractors were down 8.9 thousand jobs offset by 1.1 thousand more jobs in residential specialty trade contractors. Heavy and engineering construction had 2.3 thousand new jobs to add to the total.

Manufacturing dropped another 8 thousand jobs with durable goods employment dropping a net of 3 thousand jobs. Only Transportation equipment managed to have a thousand new jobs but no durable goods manufacturing sub sectors did well; a majority of sub sectors lost jobs. Non-durable goods production also did poorly. Chemicals and plastic and rubber product manufacturing lost a combined 8 thousand jobs combined with other small job gains and losses leaving a job loss of 5 thousand jobs in nondurable goods.

Government service employment increased a net of 13 thousand jobs with the federal government employment up 2 thousand jobs. State government jobs were down 7 thousand while local government added 18 thousand jobs. State and local government jobs excluding education increased a net 12.9 thousand; state public education was down 4.3 thousand jobs, local government education was up 2.7 thousand jobs. Private sector education added 2.1 thousand jobs, which brings the total of education to an increase of 500 seasonally adjusted jobs.

Leisure and hospitality took first place among private sector job gains with 47.4 thousand new seasonally adjusted jobs, the first time in months. Arts, entertainment and recreation had 17.4 thousand of the jobs with amusements, gambling and recreation having 14.1 thousand of that total. Accommodations added 3 thousand jobs while restaurants picked up 27.2 thousand more jobs, following last month’s decline.

Health care took second place for private service sector job gains with 38 thousand new jobs, a small increase. All four of the health care subsectors had more jobs but generally smaller than usual amounts. Ambulatory care adding only 4.6 thousand jobs; hospitals did well adding 16.3 thousand jobs but nursing and residential care had just 200 new jobs. Social assistance services added 17.4 thousand jobs with individual and family services adding 13.0 thousand of social service jobs. The growth rate for health care was down from last month to 1.96 percent, above the average of 2.25 percent per month of the last 15 years.

Professional and business services lost a net 9 thousand jobs, a decrease that is becoming a monthly event. The professional and technical services subsector was down 7.7 thousand jobs, another poor month; management of companies had 800 more jobs. The third sub sector, administrative and support services including waste management, lost 1.5 thousand jobs in another poor month for support services.

Among professional and technical services, architectural and engineering services added 2.3 thousand new jobs, down from last month; legal services added 2 thousand jobs. Management, scientific and technical consulting added only 800 jobs. Otherwise, computer systems design and related services lost 3.9 thousand jobs and no other professional services did well. Among administrative support services, services to buildings and dwellings were up 7.8 thousand jobs but offset by job losses in employment services, down 10.9 thousand jobs with temporary help services down 5.7 thousand of that total, a sixth month for these job losses.

Trade, transportation and utilities had a net loss of 33 thousand jobs where wholesale and retail trade had job losses: wholesale down 2 thousand, retail down 25 thousand. Modal transportation had a net job increase of 6.6 thousand jobs, but jobs as couriers and messengers were off a thousand jobs and warehousing and storage dropped another 7.2 thousand jobs. Utilities picked up 800 jobs, an unusual increase.

Information services had no net change in jobs, but telecommunications had an unusual increase of 10.6 thousand jobs. All other sub sectors lost jobs such as the publishing and motion picture and sound recording. No other information sub sectors did well. Financial activities including real estate and rental and leasing services had a net gain of 7 thousand jobs. Finance and insurance were up 1.6 thousand jobs where securities and investment counseling had 3.1 thousand new jobs offset with small job losses in banking and insurance. The real estate sub sector added 2.3 thousand jobs with 2.2 thousand more jobs in rental and leasing services. The category, other, had 5.3 thousand new jobs with personal and laundry services up 1.9 thousand jobs and non-profit associations sub sector adding 3.2 thousand jobs. Repair and maintenance services increased slightly, adding 200 jobs.

The economy added just 50 thousand jobs for December, low but still a positive increase. Establishment employment in December was 159.526 million with an annual growth rate of just .38 percent, too low to sustain full employment. The health care increase this month is much too small to sustain essential establishment employment. The United States must maintain health care and health care employment to sustain total employment. Only leisure and hospitality and real estate and rental services added normal employment this month while the majority of other sub sectors lost jobs. This month leisure and hospitality had 94 percent of the total increase in jobs. Professional jobs outside of health care returned to decreasing and show no sign of turning around. This month’s job total is only 476 thousand above December a year ago and 2.477 million jobs above December two years ago.  The 476 thousand number is even lower than last month. It should be well over a million.

December Details 

Jobs

Total Non-Farm Establishment Jobs up 50,000 to 159,526,000

Total Private Jobs up 37,000 to 136,115,000

Total Government Employment up 13,000 to 23,411,000 Note 

Civilian Non-Institutional Population up 183 thousand to 274,816,000

Civilian Labor Force down 46 thousand to 171,495,000

Employed up 232 thousand to 163,992,000

Employed Men up 196 thousand to 86,812,000

Employed Women up 36 thousand to 77,180,000

Unemployed down 278 thousand to 7,503,000

Not in the Labor Force up 229 thousand to 103,321,000

Unemployment Rate went down .1% to 4.4% 7,503/171,495

Labor Force Participation Rate went down .1% to 62.4%, or 171,495/274,816

Summaries by Industry

Non Farm Total +50

The Bureau of Labor Statistics (BLS) reported Non-Farm employment for establishments increased from November by 50 thousand jobs for a(n) December total of 159.526 million. (Note 1 below) An increase of 50 thousand each month for the next 12 months represents an annual growth rate of +.38% The annual growth rate from a year ago beginning December 2024 was +.37%; the average annual growth rate from 5 years ago beginning December 2020 was +2.28%; from 15 years ago beginning December 2010 it was +1.33%. The higher five year growth rate derives from the low Pandemic employment. America needs growth around 1.5 percent a year to keep itself employed.

Sector breakdown for 12 Sectors in 000’s of jobs 

1. Natural Resources -2

Natural Resources jobs including logging and mining decreased 2 thousand from November with 608 thousand jobs in December. A decrease of 2 thousand jobs each month for the next 12 months would be an annual growth rate of -3.93 percent.   Natural resource jobs were down 16 thousand from a year ago. Jobs in 2000 averaged around 600 thousand with little prospect for growth.  This is the smallest of 12 major sectors of the economy with .4 percent of establishment jobs.

2. Construction -11

Construction jobs were down 11 thousand from November with 8.303 million jobs in December. A decrease of 11 thousand jobs each month for the next 12 months would be an annual growth rate of -1.59 percent.  Construction jobs are up 14 thousand for the 12 months just ended. The growth rate for the last 15 years is 2.83%. Construction jobs rank 9th among the 12 sectors with 5.2 percent of non-farm employment.

3. Manufacturing -8

Manufacturing jobs were down 8 thousand from November with 12.692 million jobs in December. A decrease of 8 thousand jobs each month for the next 12 months would be an annual growth rate of -.76 percent.  Manufacturing jobs were down for the last 12 months by 68 thousand. The growth rate for the last 15 years is +.60%. Manufacturing ranks 6th among 12 major sectors in the economy with 8.0 percent of establishment jobs.

4. Trade, Transportation & Utility -33

Trade, both wholesale and retail, transportation and utility employment were down 33 thousand jobs from November with 28.966 million jobs in December. A decrease of 33 thousand jobs each month for the next 12 months would be an annual growth rate of -1.37 percent. Jobs are up by 67 thousand for last 12 months. Growth rates for the last 15 years are +1.05 percent. Jobs in these sectors rank first as the biggest sectors with combined employment of 18.2 percent of total establishment employment.

5. Information Services +0

Information Services jobs stayed the same from November with 2.914 million jobs in December.  (Note 2 below)  Jobs are down by 30 thousand for the last 12 months. Information jobs reached 3.7 million at the end of 2000, but started dropping, reaching 3 million by 2004 but has stayed close to 3.0 million in the last decade. Information Services is a small sector ranking 11th of 12 with 1.8 percent of establishment jobs.

6. Financial Activities +7

Financial Activities jobs were up by 7 thousand jobs from November to 9.244 million in December. An increase of 7 thousand jobs for the next 12 months would be an annual growth rate of +.91 percent. Jobs are up 38 thousand for the last 12 months.  (Note 3 below) This sector also includes real estate as well as real estate lending. The 15 year growth rate is +1.24 percent. Financial activities rank 8th of 12 with 5.8 percent of establishment jobs.

7. Business and Professional Services -9

Business and Professional Service jobs went down 9 thousand from November to 22.517 million in December. A decrease of 9 thousand each month for the next 12 months would be an annual growth rate of -.48 percent. Jobs are down 97 thousand for the last 12 months. Note 4 The annual growth rate for the last 15 years was +1.88 percent. It ranks as 2nd among the 12 sectors now. It was 2nd in 1993, when manufacturing was bigger and third rank now with 14.2 percent of establishment employment. 

8. Education including public and private +1

Education jobs were up 1 thousand jobs from November at 14.826 million in December. An increase of 1 thousand jobs each month for the next 12 months would be an annual growth rate of +.04 percent. These include public and private education. Jobs are up 18 thousand for the last 12 months. (note 5) The 15 year growth rate equals +.61 percent. Education ranks 5th among 12 sectors with 9.3 percent of establishment jobs.

9. Health Care +38

Health care jobs were up 38 thousand from November to 23.652 million in December. An increase of 38 thousand each month for the next 12 months would be an annual growth rate of +1.96 percent. Jobs are up 713 thousand for the last 12 months. (note 6)  The health care long term 15-year growth rate has been +2.25 percent lately compared to +1.96 percent for this month’s jobs. Health care ranks 2nd of 12 with 14.5 percent of establishment jobs.

10. Leisure and hospitality +47

Leisure and hospitality jobs were up 47 thousand from November to 17.167 million in December.  (note 7) An increase of 47 thousand each month for the next 12 months would be an annual growth rate of +3.29 percent. Jobs are up 188 thousand for the last 12 months. More than 80 percent of leisure and hospitality are accommodations and restaurants assuring that most of the new jobs are in restaurants. Leisure and hospitality ranks 4th of 12 with 10.7 percent of establishment jobs. It moved up to 7th from 4th in the pandemic decline.

11. Other +5

Other Service jobs, which include repair, maintenance, personal services and non-profit organizations were up 5 thousand from November to 6.064 million in December. An increase of 5 thousand each month for the next 12 months would be an annual growth rate of +.99 percent. Jobs are up 62 thousand for the last 12 months. (Note 8) Other services had +.86 percent growth for the last 15 years. These sectors rank 10th of 12 with 3.8 percent of total non-farm establishment jobs.

12. Government, excluding education +15

Government service employment went up 15 thousand from November at 12.573 million jobs in December. An increase of 15 thousand each month for the next 12 months would be an annual growth rate of +1.42 percent. Jobs are down 171 thousand for the last 12 months.  (note 9) Government jobs excluding education tend to increase slowly with a 15 year growth rate of +.36 percent. Government, excluding education, ranks 7th of 12 with 8.0 percent of total non-farm establishment jobs.

Prices and inflation measured by the Consumer Price Index (CPI) for all Urban Consumers was up by a monthly average of 2.9 percent for 2024. 

 The CPI December report for the 12 months ending with November shows the 

 CPI for All Items was up 2.7% 

CPI for Food and Beverages was up 2.6% 

CPI for Housing was up 3.5% 

CPI for Apparel was up .2% 

CPI for Transportation including gasoline was up 1.6% 

CPI for Medical Care was up 2.9% 

CPI for Recreation was up 1.8% 

CPI for Education was up 2.9% 

CPI for Communication was up .3% 

Sector Notes__________________________

(1) The total cited above is non-farm establishment employment that counts jobs and not people. If one person has two jobs then two jobs are counted. It excludes agricultural employment and the self employed. Out of a total of people employed agricultural employment typically has about 1.5 percent, the self employed about 6.8 percent, the rest make up wage and salary employment. Jobs and people employed are close to the same, but not identical numbers because jobs are not the same as people employed: some hold two jobs. Remember all these totals are jobs. back

(2) Information Services is part of the new North American Industry Classification System(NAICS). It includes firms or establishments in publishing, motion picture & sound recording, broadcasting, Internet publishing and broadcasting, telecommunications, ISPs, web search portals, data processing, libraries, archives and a few others.back

(3) Financial Activities includes deposit and non-deposit credit firms, most of which are still known as banks, savings and loan and credit unions, but also real estate firms and general and commercial rental and leasing.back

(4) Business and Professional services includes the professional areas such as legal services, architecture, engineering, computing, advertising and supporting services including office services, facilities support, services to buildings, security services, employment agencies and so on.back

(5) Education includes private and public education. Therefore education job totals include public schools and colleges as well as private schools and colleges. back

(6) Health care includes ambulatory care, private hospitals, nursing and residential care, and social services including child care. back

(7) Leisure and hospitality has establishment with arts, entertainment and recreation which has performing arts, spectator sports, gambling, fitness centers and others, which are the leisure part. The hospitality part has accommodations, motels, hotels, RV parks, and full service and fast food restaurants. back

(8) Other is a smorgasbord of repair and maintenance services, especially car repair, personal services and non-profit services of organizations like foundations, social advocacy and civic groups, and business, professional, labor unions, political groups and political parties. back

(9) Government job totals include federal, state, and local government administrative work but without education jobs. back

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Notes

Jobs are not the same as employment because jobs are counted once but one person could have two jobs adding one to employment but two to jobs. Also the employment numbers include agricultural workers, the self employed, unpaid family workers, household workers and those on unpaid leave. Jobs are establishment jobs and non-other. back

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Woodrow Wilson: The Light Withdrawn

Christopher Cox, Woodrow Wilson: The Light Withdrawn, (NY: Simon & Shuster, 2024), ISBN 978-1-6680-1078-5

This new biography of Woodrow Wilson gets its subtitle from the first line of the John Greenleaf Whittier poem “Ichabod.”

So Fallen! So lost! The light withdrawn

Which once he wore!

The Glory from his gray hairs gone

Forevermore!

Biographies of presidents typically emphasize their time in office and the political events they pursue, but this biography concentrates on racial and gender discrimination during Woodrow Wilson’s life and how he addressed them before and after he became president The book covers 495 pages with the narrative partitioned into four parts. Part I begins with a summary discussion of the early crusade against slavery and women’s suffrage movement before turning to Wilson’s 1856 birth, early life, education, a brief year practicing law, marriage and accepting faculty posts teaching at Bryn Mawr, Wesleyan University, and Princeton University; he accepted the Princeton Board’s offer to be their president in June 1902.

Other Wilson biographies write extensively of his legislative record: the Federal Reserve Act, Clayton Antitrust Act, Federal Trade Commission Act, and progressive income tax, but none of that appears in this Cox biography. Instead, the narrative through the book emphasizes the documented record of Wilson’s personal relations with family and friends and with university scholars and politicians, both his supporters and detractors. Beginning with his academic years he published books of history and politics in 1885, 1889, 1893, 1897, and 1902. Cox scoured these works and Wilson’s other writing, archival letters, relationships, and associations. The narrative returns repeatedly to the published record of his racial views and his decades long opposition to woman’s suffrage.

The chapters of Part I offer a sampling of Woodrow Wilson’s views during Reconstruction and the early Jim Crow south. He predicts the right to vote without regard to race would “make the ‘disintegration of southern society’ and the ‘irretrievable’ alienation of ‘the white men of the South,’ its ‘real leaders.’” In his History of the American People he explained “It is ‘the mere instinct of self-preservation’ that forced ‘the white men of the South’ to do everything within their power to restore white supremacy ‘by means fair or foul.’”  Wilson’s apologizes for the Ku Klux Klan admitting “the Klansmen ‘took the law into their own hands,’ but undertook ‘by intimidation what they were not allowed to attempt by the ballot.’” He concluded the Klan was “really ‘for the mere pleasure of association, for private amusement.’” Cox provides a thorough narrative of his discomfort and unlikely appointment to teach at Bryn Mawr, a women’s college. Bryn Mawr documents an early episode of a long trail of evidence documenting Wilson’s refusal to accept women as equals.

Part II offers a discussion of him as Princeton President, elected Governor of New Jersey and first term as president. His years in politics forced him to take positions and make decisions on race and woman’s suffrage rather than write or ventilate about them. Cox quotes Wilson as telling his gubernatorial campaign manager he was “definitely and irreconcilably opposed to woman suffrage” and that “woman’s place was in the home.” His writing and documented decisions find him opposed to admitting black men to Princeton, opposing unions, opposing immigrants and purging the federal government of black employees while arranging to have the racist film “Birth of a Nation” shown at the White House.

Available evidence permits Cox to give readers an idea of Wilson in his personal life. Hundreds of letters survive to and from his two wives, Ellen Axxon and Edith Galt, and a third relationship with Mary Peck Hulbert. In letters to Ellen, he wrote “Marriage alone was a woman’s ‘essential condition’ for the performance of her ‘proper duties.’” Readers learn Wilson leaves on vacations without Ellen such as one to Bermuda where he meets Mary Peck and starts an indeterminate relationship of eight years documented with 700 letters. We learn of the personal Wilson, a man of “immutable routines,” who enjoys taking afternoon drives and plays golf as part of his daily schedule, finishing 1,200 rounds of golf as president.

Part III, entitled Holding Back the Tide, covers December 1916 to December 1917, a period that energized the Women’s suffrage movement with intensified political pressure to secure national voting rights. Cox covers their campaign thoroughly. Readers meet many women, the groups they organize and the protest marches and demonstrations they conduct. During this period, Wilson reversed his pledge to keep America out of WWI. He prevailed on Congress to declare war to make the world “Safe for Democracy” while simultaneously demanding to silence opposition to American entry into WWI in a well-documented campaign of repression and censorship. During this period the war became an excuse for Wilson to repress and censor woman demonstrating for voting rights. Cox narrates Wilson’s deliberate use of arrest, intimidation and violence to end street protest that included periods of physical abuse in jails and forced feeding of hunger strikers.

Part IV has the remaining years of his second term. By this time women had the right to vote in 13 states, including New York, increasing the political risk to Democratic party opponents of voting. Then Republicans took over the House and Senate in the November 1918 election. When WWI ended November 11, Wilson insisted on going to Paris to negotiate the peace treaty and establish a League of Nations instead of staying home to confront domestic turmoil, especially passing a federal budget, inflation and violent race riots. Cox tells the remaining story of Wilson maneuvering within his administration and his posturing in the House and Senate in the political fight to secure voting rights for woman. Cox gives details of the Congressional debate and final votes in June 1919. Tennessee became the last state to ratify the Susan B. Anthony Amendment that finally became part of the U.S. Constitution August 18, 1920. The narrative ends here, or rather just stops.

Over many years I have read dozens of biographies of Presidents including Woodrow Wilson. None I know of leave out so much of their political record to focus on the man and the ethical principles that drive their decisions and their conduct as this biography. Any illusion that Woodrow Wilson was a confident, accepting and fair-minded gentleman disappears in this Cox biography. The glory from his gray hairs gone. Forevermore!

 

 

Original Sin: President Biden’s Decline, Its Cover-Up, and his Disastrous Choice to Run Again

Jake Tapper, & Alex Thompson, Original Sin: President Biden’s Decline, Its Cover-Up, and his Disastrous Choice to Run Again, (New York: Penguin Press, 2025), ISBN 9798217060672, $32.00 

 I was given a copy of Original Sin and read it wondering what it could tell me of the Biden saga that I did not already know? We know Joe Biden was 82 for the 2024 presidential election and would be 86 at the end of a second term. How much more information did I need since I could see he had aged just looking at him on television and then he accepted a debate with Trump, which ended any doubt about another term given the blank pauses and fumbling speech. In the Author’s Note they tell readers “Our only agenda is to present the disturbing reality of what happened in the White House and the Democratic presidential campaign in 2023-2024, as told to us by approximately two hundred people, including lawmakers and White House and campaign insiders, . . .” 

 The book has 19 chapters and runs 314 pages and I can testify the authors did an impressive job organizing the material from all those interviews and writing a clearly worded narrative. The primary story they tell shows Joe Biden, his wife Jill and his loyal White House advisors unable to face the very real doubts of a second term; there was denial and a loss of objectivity but nothing Joe Biden did could be called a cover up, a term that connotes legal misconduct. Since presidents have to be visible, their family and advisors have no duty to offer any doubts they might have to the public; the public must expect to make up their own mind. 

The authors interviewed Democratic and Republican office holders, party officials, pollsters and other journalists, both necessary and appropriate, but they added related personal and family history to the primary story. I tried to connect the discussion of the Biden family troubles of sons Beau, and Hunter and daughter Ashley, but that discussion always felt tacked onto their stated purpose: “Our only agenda is to present what happened in the White House and the Democratic presidential campaign.” 

 I found it difficult to construe the loss of son Beau to cancer and Hunter’s legal missteps as part of President Biden’s Decline, or his decision to press on for a second term. The discussion of these matters feels especially callus and unnecessary given just the facts the authors provide. They explain “The Plea Deal.” Hunter would plead guilty to evading $200,000 in income taxes and illegal possession of a fire arm. Biden opponents howled their objections and the federal judge in the case, Maryellen Noreika, a Trump appointee, refused to accept the plea deal, dragging out the case further. 

As I recall President Biden promised to allow his appointed Attorney General, Merrick Garland, to go ahead and prosecute Hunters case as part of his general promise to avoid interfering with federal law enforcement, but that was before losing the 2024 election and listening to Trump make repeated threats to him and his family with claims the Biden’s were part of an “organized crime family.” Recognizing the harassment Trump would create for his family he used his pardon power to protect them at the last moments of his term. In doing so, he was defensive and suggested toxic politics had something to do with the outcome of the case and his need to give blanket pardons. For this decision, the author’s make sweeping condemnation; they quote the prosecutor characterizing the pardons as “gratuitous and wrong” and that Merrick Garland was “tremendously disappointed” and that “To many Democrats, this was another ignominious act by a president who repeatedly put the interests of his family ahead of those of this party and country.” These conclusions feel sanctimonious and hypocritical given Trump’s pardons of hundreds of the January 6 felons. To some of us Hunter Biden’s crimes feel trivial compared to assaulting the U.S. Capital and refusing to accept the 2020 election results. 

I struggle to find a purpose for writing the story of Joe Biden’s Decline. A four page conclusion chapter asks “What if a president is unable to discharge their duties but doesn’t recognize that fact?” The authors admit those close to President Biden were always ready “to attest to his ability to make sound decisions if on his own schedule.” There is a suggestion Congress could legally require the president’s physician to certify to Congress the president is fit to serve, but so far in U.S. history only death assures a president will be unfit for office; there is no mention that anyone in Congress has offered such legislation. The authors mention several other questionable presidents, but offer no solution to future presidents and evaluating their qualification for office. 

 If there was a lessen for the future in the Joe Biden case I could not find it in Original Sin. I make note that both authors have worked in corporate media and wonder if they could keep their jobs writing a similar book about Donald Trump? .

Coming Up Short

Robert B. Reich, Coming Up Short: A Memoir of My America, (NY: Alfred A. Knopf, 2025), $30.00, ISBN 9780953803288

In his newest book, Coming Up Short, author Robert Reich offers readers a unique combination of personal memoir, U.S. history and policy discussion condensed into 350 pages. Born in 1946 he grew up as a founding member of the boomer generation. He lived through the Civil Rights and Vietnam War era while a student and then took an active role in politics, serving in judicial and administrative appointments during the Ford, Carter and Clinton administrations. While he never held political office, he made an unsuccessful run for governor of Massachusetts and served as an informal advisor to political candidates and office holders during his years as a professor in academia.

The narrative follows a rough chronology through his life divided into six parts that serve as chapters.  Since he met bullies growing up in South Salem, New York and attending Lewisboro elementary school, standing up to America’s rich corporate bullies becomes a theme guiding the narrative. Education at Dartmouth College, Oxford as a Rhodes Scholar and Yale Law School and his work as a clerk to a federal judge, Assistant Solicitor General to Robert Bork, policy director at the Federal Trade Commission, and Secretary of Labor allowed him to meet dozens of future and current politicians and write opinion informed by personal experience.

Reich expresses his support for equal rights and social justice with the stories of his encounters with dozens of politicians and celebrities he met during his career. Boomers especially get a chance to reconsider old events in a new perspective. In 1965, as Dartmouth class president, he met Hillary Rodham, then a student at Wellesley College, and then introduced her to Bill Clinton six years later while they and Clarence Thomas were all Yale law students. While still a student  he was an intern for Robert Kennedy, then volunteered for the Gene McCarthy presidential campaign, traveled to England with Bill Clinton to be Rhodes scholars and figure out how to evade the Vietnam draft. He met Robert Bork while his law school student and then worked for him when Bork was Solicitor General. A 22-page saga of Bork’s career and the origins of the term “Borked” follow. Reich suggests Bork deserved better than he got from the press and Congress.

Reich titles Part III, The Giant U-Turn, that identifies a 1971 letter of attorney and later Supreme Court justice Lewis Powell to the U.S. Chamber of Commerce recommending a shift of corporate America to “mobilize for political combat.”  Before describing some of the resulting abuses and characteristics of corporate misconduct, Reich describes his work with the Carter administration and defends President Carter as not as bad as we think. In two other sections he discusses his relationship with John Kenneth Galbraith and a professorial tenure battle of his wife while at Harvard.

Part IV has eighty pages, the longest in the book, which Reich entitles Failure. It describes his work as a Democratic party advisor to Senator Gary Hart, Governor and presidential candidate Michael Dukakis, and Bill Clinton.  After Clinton wins the presidential election he becomes Secretary of Labor, which he hoped would allow him to pursue an agenda to benefit the working class. Reich describes his failed efforts as Secretary of Labor by narrating his bureaucratic policy battles with Secretary Robert Rubin and with stories of Alan Greenspan and others.

One of his failures occurred at a Bridgestone tire plant in Oklahoma where a failure to install safety cutoff switches had killed and injured workers and remained as a risk to injure more. Reich responded to the failure by seeking an emergency order to require installation of cutoff switches and imposed a $7.5 million fine. The company denied all wrong doing and threatened to close the plant. Reich backed down: “The bullies won. I am haunted by our failure. All I had considered was the moral superiority of my position and the thrill of the spectacle. I hadn’t imagined Bridgestone would take hostage the livelihoods of more than a thousand people.” He was haunted because he made the wrong decision to give in! He left the job at the end of Clinton’s first term to spend more time with his kids; a claim we can believe but readers might conclude, as I did, that he was worn out with Bill Clinton and his Wall Street tilt.

In the gathering storm, the title for Part V, readers get subtitled commentary on episodes of misconduct and cowardice by individuals in positions of leadership. Reich quotes from a speech he made to the Democratic Leadership Council where he warned them of a two tiered society of winners and losers. After the warning come stories of people who promoted or acquiesced in the two-tier society: Roger Ailes, Rush Limbaugh, Bill Clinton, Al Gore, Barak Obama, Alan Greenspan, Robert Rubin and others.

About midway through Part V Reich switches to the aftermath of the Bush recession to discuss the tea partiers, occupiers and other angry people.”  There is special mention of the cowardice of Clinton and Obama: “Both Clinton and Obama stood by as corporations busted trade unions, backbone of the working class.” Recall Obama did not prosecute the Bush era banking looters. Reich recounts visits to Michigan, Wisconsin, Ohio, Pennsylvania, Kentucky, Missouri, and North Carolina and the anti-establishment rage he found there. He goes on to discuss the end of the American Dream and the end of the Republican party as a political party. The final subsection offers the five elements that make fascism. He finishes with “Americans can preserve our democracy and share our prosperity only by attacking and countering concentrated wealth and the political corruption that accompanies it.” 

Part VI, The Long Game, ends the book with a smorgasbord of personal stories, a few suggestions, and a tiny slice of optimism. One story was his failed campaign for Massachusetts governor. As a political advisor he thought he knew elective politics but running for office taught him the essential personality traits he does not have: narcissist, extrovert, method actor, thick skin, and also avoid consultants and be respectful of media. He concluded “Running for office made me even more keenly aware of the role and responsibility of mainstream media in a democracy in danger of coming apart.”

Other stories describe an aborted appearance with “Dr. Phil,” his friendship and admiration for Bernie Sanders, the pleasure of seeing and remembering some of his students. The last pages have some broad suggestions for restoring capitalism, reclaiming patriotism, creating better workplaces, and sharing profits. The book ends with thoughts on growing old, 79, and the need for the younger generation to take over and restore democracy.

The Reich book is built on the same ethical principles as similar books and commentary by others like Arlie Russel Hochschild, Heather Cox Richardson, and recent books of Steven Brill and David Leonhardt. However, his 60 year career in politics and academia required him to confront an unusually long list of political disputes and meet an unusually long list of people who became colleagues, friends and adversaries. Unlike political memoirs in my experience Reich agonizes over his failures. Unlike corporate media he calls evil by its true name: campaign finance is bribery, Trump Republicans are liars, enablers and accessories to crimes against the constitution. Anita Hill was right, Justice Alito is the most cognitively dishonest justice since Roger Taney, Democrats Al Gore, Bill Clinton and Barak Obama are cowards; the Democratic party has failed for decades to protect the working class, and more.

In a section titled “My Illicit Affair” Reich describes his friendship with Republican Senator Allan Simpson of Wyoming, a political opponent he admired for “his sincerity and passion for democracy.”  Still friends in 2016, Reich asked why more Republicans weren’t speaking out against Trump.

“They’re scared,” he said.

“Scared of Trump?”

“No,” he said, lowering his voice. “They’re scared of the kind of people Trump is attracting and what he’s bringing out in them.”

“You mean they’re scared of being physically harmed?”

“Friend it only takes one nut case?”

Enough said.

The Original Meaning of the 14th Amendment

 

Randy E. Barnett, Evan D. Bernick, The Original Meaning of the 14^th Amendment: Its Letter and Spirit, (Cambridge, MA: The Belknap Press, 2021), 382 pages, ISBN 9780674257764

The book’s introduction begins “Nothing in the Constitution of the United States is more important to contemporary American law and politics than the Fourteenth Amendment. The book that follows gives a “comprehensive account of the original meaning and purposes” of its key components, which are Section 1 and Section 5. The authors organized the history around the three key clauses of the second sentence to Section 1. Part I has The Privileges or Immunities of Citizenship Clause, Part II has The Due Process of Law Clause and Part III has The Equal Protection of Laws Clause. A conclusion of 14 pages ends the book. Be sure to read the March 12, 1871 letter of Supreme Court Justice Joseph Bradley reproduced in the preface. It foreshadows what to expect from American courts.

The Introduction explains the origins of originalism and begins developing the original public meaning of the 14^th Amendment from 1868.  To do this the authors review historical writing of legal scholars that develops a distinction between the public meaning of the original text in contrast to how the text is applied later in constitutional disagreements. While the Constitution has some indeterminant words and phrases Barnett and Bernick argue it conveys an original spirit: “Where the letter of the Constitution is unclear, fidelity to the Constitution’s design requires that judges, legislators, and other constitutional decision makers turn to the law’s original spirit.”

The Privileges or Immunities of Citizenship Clause discussion in Part I makes up the longest section of the book with 217 pages. The clause as written in the Fourteenth Amendment rephrases the original Article IV, Section 2 from the 1787 Constitution. As originally written it was “The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens of the several States.” The Fourteenth Amendment adds the phrase “No State shall make or enforce any law which shall abridge the Privileges or Immunities of Citizens of the United States.

The original phrase suggests states are free to define rights for their citizens and apply them to residents and all others traveling into, or through, their state; citizenship varies by state. The Fourteenth Amendment applies to Citizens of the United States, hoping to establish some uniform rights to U.S. citizens. Neither phrase defines Privileges and Immunities, which remains open to interpretation.

Barnett and Bernick narrate and document the history of the chaotic contest to define the Privileges and Immunities of Citizens. From 1787 to 1868 the demands of southern slave holders to exclude black people - free blacks, slaves - from any rights of citizenship dominant the narrative. The federal courts took the southern side – Barren v. Baltimore, Dred Scott v. Sandford to wit – which helped generate the rise of the Republican Party.

Southern secession in 1860-61 left the federal government with northerners determined to redefine and guarantee a national citizenship for all.  Chapter 4 and 5 provide a thorough discussion of the Congressional debate to define privileges and immunities of citizens and to embody them into the 13^th Amendment in 1865 and 14^th Amendment in 1868.

Ratifying the two amendments did not end the citizenship debate. Chapter 6, entitled Enforcing Citizenship, is the longest chapter in the book at 49 pages. It narrates the continuing debate that brought passage of the 15^th Amendment to guarantee the right to vote and for the need to enforce the 14^th Amendment. The 14^th Amendment includes Section 5 that gives Congress the power to enforce, by appropriate legislation, the provisions of Article 1. Barnett and Bernick give a thorough account of the Congressional debate of enforcement efforts leading to the passage of the Civil Rights Act of 1866 and the Enforcement Acts in 1870-71, legislation intended to quell the violence of southern groups such as the KKK.  

The second half of Chapter 6 reviews the depressing and disruptive role that the federal courts took to redefine the privileges and immunities of citizenship to suit the racist South. In their preface the authors remind readers of the Supreme Court case of Barren v. Baltimore, which claimed the first eight amendments constrained only the federal government, but not state power. This ruling allowed the southern states to pursue their racist agenda with impunity. After winning the Civil War, northern politicians were determined to define and apply the Privileges and Immunities of Citizenship to everyone, everywhere. Again though, the Supreme Court went to work to neutralize these efforts. The most notorious of these came after the legislature of Louisiana granted a monopoly to a New Orleans slaughterhouse, denying the right of citizens to choose their occupation as a fundamental part of citizenship.  

In the Slaughterhouse cases that ended in 1873 the District Court ruled against the monopoly, but a 5 to 4 majority of the Supreme Court reversed that ruling as a radical interference with states rights.  Justice Samuel Miller writing for the majority, decided overruling a state grant of monopoly would “fetter and degrade the State governments by subjecting them to the control of Congress in the exercise of powers heretofore universally conceded to them of the most ordinary and fundamental character.” … “We are convinced that no such results were intended by the Congress which proposed these amendments, nor by the legislatures of the States which ratified them.” The opinion by Justice Miller intends to repeal the Fourteenth Amendment by judicial decree and return to what Justice Bradley wrote in dissent as “that spirit of insubordination and disloyalty to the National government …”

After the judicial review Barnett and Bernick return to the evidence they argue defines citizenship and the original meaning of the 14^th amendment.  Chapter 7 reviews the debate and views of contemporary academics, which includes five separate theories of U.S. citizenship before moving onto Implementing the Privileges and Immunities Clause in Chapter 8. Barnett and Bernick argue historical evidence establish an operational definition of Privileges and Immunities of citizenship, which are “a set of rights that preexists the interpretation and application of the clause by a judge. We maintain that, in 1868, a preexisting set of privileges and immunities was locked into the Constitution by the original meaning of the 14^th Amendment.”

The authors list and summarize these rights as those enumerated in the Constitution of 1868, the enumerated rights in the Civil Rights Act of 1866 and those enumerated rights added to the constitution after 1868. In addition, they list other unenumerated rights. Here they suggest that if individual citizens have for at least a generation of thirty years been entitled to enjoy a right as a consequence of accepted practice it can become a privilege and immunity of citizenship. The authors give examples as part of a thorough discussion of how this should work in practice, arguing in sum that judges should “discover the law” rather than “make the law.” Part I ends with “We can state with confidence that the original public meaning of the Privileges and Immunities Clause does “lock in” certain identifiable rights; that it does not lock in others; and that it does not delegate to Congress or the federal courts unbounded discretion to specify the rights that states cannot abridge.”

From here the book moves to a 53 page historical discussion of Due Process of Law and 52 page Part III on the Equal Protection of the Law. Both phrases apply to persons in contrast to the Privileges and Immunities of Citizenship. The narrative here traces the long history of the Due Process of Law back to its British origins. Discussion defines and distinguishes procedural due process and substantive due process. The spirit of substantive due process “impose a duty on both state and federal judges to make good-faith determinations of whether legislation is calculated to achieve constitutionally proper ends.” Historical discussion includes a review of legislative debate, legal cases and academic interpretations to bar arbitrary power and the proper ends of legislative power.

The Equal Protection of the Laws narrative also traces the meaning of equal protection through history. Again, Barnett and Bernick review the legislative debate, legal cases and academic writing. At a minimum equal protection guarantees a duty to protect against physical violence, but also entitles people to equal access to courts and nondiscriminatory enforcement of state and federal laws intended to protect life, liberty and property.

The Original Meaning of the 14^th Amendment combines many elements of a textbook with a well-organized historical discussion used as evidence to support tightly focused argument.  Barnett and Bernick appear to recognize the complexity of their effort and so use standard textbook devices to help readers.  The introductory chapter includes a seventeen-page “Preview of Our Findings.” Chapters begin with summaries of what will come and chapters end with summaries of major points. Part and Chapter titles and many sub headings resemble a textbook’s emphasis on orderly presentation. Important legal and constitutional terms are explained. While the writing is clear and avoids academize, serious readers will feel a need to go back and reread sections as they move along in what is not light reading.

I looked for, but did not find, a discussion of the case of Santa Clara County v. Southern Pacific R. Co. from May 10, 1886, in which Chief Justice Waite declared "corporations are persons within the meaning of the Fourteenth Amendment to the Constitution of the United States." This declaration was not made as part of the case opinion but declared as true by proclamation in a case head note. To my knowledge it has never been disputed by Congress or a federal court, but has justified many judicial favors for corporate America, along with the prostitution of the 14^th Amendment.

Barnett and Bernick make a good case to justify their conclusions already cited above. The founding fathers accepted slavery as a condition of getting the constitution ratified. Even so Congress retained the power to abolish slavery in the territories and the District of Columbia while northern states could protect free blacks and escaped slaves. There was a begrudging acceptance of slavery for what was initially an immoral Constitution, but Barnett and Bernick establish the politicians that drafted and steered the 14^th Amendment to ratification intended to correct that, but they wanted more than that. The record cited establishes they wanted to construct privileges and immunities of citizenship known and protected equally for all. Since 1868 many judges and justices in the courts seem to think their personal interpretation will be a good substitute for the confines of positive law.  Barnett and Bernick sound as tired of that as the rest of us.

Our New White House - Coming Soon

It should be obvious to one and all that Trump intends and expects to demolish the entire White House and have his rich looting friends build him whatever he wants. No lawful means exists in this disintegrating country for opponents to prevent it.

The -911,000 and the Washington Post

 

The -911,000 and the Washington Post

On September 9, 2025 the Washington Post posted a headline “U.S. employers added 911,000 fewer jobs than first reported, new BLS data shows.” BLS is the U.S. Bureau of Labor Statistics, which reported the number on its website as a preliminary benchmark revision of its CES establishment data.

As BLS makes abundantly clear the data is for one month and one month only: March 2025: “The preliminary benchmark revisions in table 1 are calculated only for March 2025 for the major industry sectors.” Table 1 has the 911,000 breakdown by ten private sector industries and government employment. Further BLS explains “Official establishment survey estimates are not updated based on this preliminary benchmark revision.” In other words, the establishment employment data reported before March 2025 and after March 2025 remain the same, unchanged.  It will be February 2026 before new data will be published.

Nothing can be inferred about month to month changes in employment from this report, but the Washington Post decided to give the White House an opportunity to attack the Biden administration and justify their attack on BLS: “Today, the BLS released the largest downward revision on record proving that President Trump was right: Biden’s economy was a disaster and the BLS is broken.” Fresh crapola from the Washington Post, publisher of Trump propaganda.

The already reported and published BLS data shows the last 12 months of the Biden economy generated just over 2 million jobs while the first 7 months of the Trump economy generated 385 thousand jobs.