Compiled by Aaron Kinney

Bench brawl

Grover Norquist: Alito is a "Bo Derek 10." Ralph Neas: "Radical" nominee could "turn back the clock decades." Court watchers react to Alito.

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Bench brawl

John R. Kroger, former federal prosecutor; associate professor, Lewis and Clark Law School

President Bush’s nomination of Sam Alito to the Supreme Court is a fascinating move, politically. Right now, the president is really struggling. His polling numbers are abysmal, the war in Iraq promises only more political pain, he has lost some traction with his right-wing evangelical allies, and the Libby indictment has tarnished his team’s reputation for honesty. The president needs to start his second term over from scratch, but he has no real opportunity to accomplish this until early in 2006, with the State of the Union Address. Thus, the question for him and his advisors is: What do we want the country to be debating for the next two months? Their answer: Go back to the Ronald Reagan game plan, and fight about conservative legal values.

Judge Alito is clearly qualified, professionally, to sit on the Supreme Court. He has a strong background as a prosecutor and government attorney, long experience on the federal bench, and the kind of elite academic credentials (Princeton, Yale) that Harriet Miers lacked — and that elitist conservative commentators like George Will appear to value highly. As a result, the only real reason for senators to oppose his nomination is ideology. Alito is an extremely conservative judge, certain to provoke strong opposition from liberal voices in the Senate. Thus, his nomination gives Bush exactly what he needs politically: a knock-down fight with liberals, whom he has been beating up successfully his entire career. With Miers, Bush struggled to articulate his reasoning. Here, he has his decades-old script memorized, down to the applause lines. Bush, in short, will be back in his comfort zone, attacking “left-wing obstructionists.”

Why Alito? I think Bush’s choice was dictated by politics. Alito is conservative enough to win support from the far right, and to guarantee opposition from the left. At the same time, I think the White House realized that his record — which Alito appears to have carefully guarded over the years — will probably be less offensive to Democratic and Republican moderates alike than many of the alternatives — lightning rods like [J. Michael Luttig] Luttig or [Priscilla] Owen or [Edith Brown] Clement. For this reason, the nomination is more likely to end in a Bush victory than that of a potentially even more controversial nominee. As for his gender, I think the White House views it as a positive. What will rally his conservative troops more than a fight with Barbara Boxer over gender equity? All things considered, Alito is a pretty savvy choice.

Erwin Chemerinsky, expert on constitutional law; professor of law and political science, Duke University

Samuel Alito is one of the most conservative federal judges in the United States and almost certainly would be a vote on the Supreme Court to undermine basic constitutional rights which have been protected for decades. In selecting Alito, President Bush has chosen a nominee to please the right-wing critics of Harriet Miers and to fulfill his campaign promise to select a justice very much like Antonin Scalia or Clarence Thomas. Senators of both parties must make clear that Alito is far out of the judicial mainstream and thus is unacceptable for a seat on the nation’s highest court.

The importance of this seat on the Supreme Court for the future of constitutional law cannot be overstated. Sandra Day O’Connor was the fifth vote on the Court to protect abortion rights, to allow remedies for racial injustice, to limit government support for religion, and to permit the government to regulate campaign finance to prevent corruption. In each of these areas, Alito is a virtually certain vote to change the law. As a Court of Appeals judge, Alito has a consistently conservative record on issues such as abortion, states’ rights, separation of church and state, and employment discrimination laws.

President Bush easily could have chosen a more moderate Republican, in the mold of Sandra Day O’Connor, and who would have easily received confirmation by the Senate. But instead, Bush deliberately chose to politicize the process by selecting an individual who he knew would draw intense opposition from Democrats and hopefully moderate Republicans as well. The Senate must deny Alito confirmation and insist that President Bush select a more moderate individual for this key seat on the Supreme Court.

Samuel B. Casey, executive director, Christian Legal Society

In terms of his judicial experience, Judge Alito is probably the most qualified jurist that has been nominated to this bench in 70 years. He has personally heard cases and therefore had to rule in almost every aspect of American constitutional law, as well as many statutory schemes the federal court has been called to interpret. By virtue of how long he has been doing it, Judge Alito has been exposed to statutory law as well as constitutional law. While a potential Bush nominee like Priscilla Owen had the full support of Christian Legal Services as well, she was a state court judge, and thus interpreted federal law from a state appellate perspective, and she did this for just a couple months. She would be a fine candidate, but in terms of experience, Justice Alito is the most qualified. He’s a great nominee; a very fair, amiable person who asks great questions of both sides, is very well prepared and writes very, very well. Most Americans should love this guy.

Zachary Carter, former U.S. attorney; chairman of Mayor Michael Bloomberg’s Committee on Judicial Selection

The challenge that this poses for the Senate Judiciary Committee is to determine not just what Alito’s ideological leaning is, but whether or not he could be considered a conservative activist judge. Conservatives have been largely successful in defining the term activist judge to the point where it has become synonymous with liberal or left-leaning judges. But it is just as possible for a conservative to be an activist judge.

I have not studied Alito’s record closely, but he has been described as a person who is reflexively conservative in his rulings. He has been nicknamed “Scalito,” in reference to Judge Antonin Scalia, and frankly, in my view that is shorthand for a jurist who many consider to be an activist judge — who reaches on occasion beyond established precedent to impose his core conservative beliefs. Regarding important issues like abortion, the more activist a judge is, the more likely it will be that he will reach for an opportunity to extend the law in a way that’s consistent with his own philosophy.

Ironically, Sandra Day O’Connor, the judge whom Alito would replace, was the ideal non-activist conservative judge. In many respects O’Connor stands as a model of the kind of judge that conservatives should be supporting, because she was reliably conservative — but she would not impose her own conservative values in the face of clear established precedent of the Supreme Court, or the clear wording of federal statute.

As for whether Alito will be confirmed, frankly, that is an issue of democratic will and conviction and spine. Democrats had very little to do with the withdrawal of the Miers nomination. She pretty much self-destructed. This will require a certain amount of scrutiny and courage by Democrats and it remains to be seen whether they will ask the kinds of searching questions to determine whether Alito is a conservative judicial activist, or rather a judge committed to the rule of law who happens to be conservative.

Richard D. Friedman, expert on the history of the Supreme Court; professor of law, University of Michigan

I think this is a good appointment, a good nomination from the president’s standpoint, though it’s risky. It’s obviously a different approach from the Miers nomination, which was a stealth nomination — a candidate the president thinks he knows, and about whom relatively little information is available.

In light of the right wing’s hostility to the nomination of Harriet Miers, Bush is opening himself up to a fight that he probably concluded he had to take. I don’t think at this point he relishes a fight, though he’s not the type of president who minds one, either. The question is whether Democrats and some moderate conservatives will have the stomach to force a debate on ideological grounds.

I don’t think there’s a lot about this nominee that the president knows that the Senate doesn’t. Much more than Miers, his record is an open book and there are going to be lots of challenges on ideological grounds. The president hoped in the case of Miers that this kind of debate could be muffled. It failed in part because of ideological considerations from both sides, and in part because she didn’t have the necessary stature.

But in this case there’s no doubt about Alito’s stature. This is the type of résumé one hopes to see for a Supreme Court nominee. He’s had senior positions in the solicitor general’s office and has been an appellate judge for 15 years. He’s a very smart guy, familiar with constitutional law, who takes a very fair, judicial approach.

Abortion, of course, is a big issue with this nomination. The irony is that if what’s left of Roe v. Wade were overruled, it would be much less of a big deal than if the affirmative action ruling in Grutter v. Bollinger [which upheld the affirmative-action admissions policy of the University of Michigan Law School] were overturned. The Grutter v. Bollinger decision was a 5-4 decision with Sandra Day O’Connor in the majority. If there’s a similar case and both Roberts and Alito go with the former dissenters, you’ve got five votes the other way.

If Roe were overruled the matter would be left to the states. The states could then ban abortion — but I think most of them wouldn’t. And in some of those states where the state legislatures would choose to severely limit abortion rights by law, effective access to abortion is already limited. And it would be the greatest mobilizing force for the pro-choice movement ever, while it would be a very divisive event for conservatives, since there are many pro-choice Republicans. And that in itself might have a very significant impact in legislative elections in 2006. Legislative elections all throughout the country would be run on abortion, and that plays to the advantage of the Democrats.

Grover Norquist, Republican strategist; president of Americans for Tax Reform

Karl Rove cleverly offered up Harriet Miers to depress the base, so that when we got Alito, everyone was four feet off the ground ecstatic, as opposed to saying, “thats what we reasonably expected.” They didnt plan it this way, of course. But thats the effect it has. Everybody is so pleased, everybody is so happy. Alito is one of seven or eight Bo Derek 10s that were out there, for the purposes of judicial philosophy.

All anyone on the right is asking for is someone who will interpret the law fairly. We dont need them to move the ball down the court. We will go win the House and Senate seats to do what we need to do. What we need are judges who wont steal it from us. We will pass legislation and we need a judge who can read it and not make stuff up.

Getting the Democrats to come back into the fight is exactly the kind of thing that pushes up conservative numbers and pushes down liberal numbers. This is known territory. We win this fight. And the mushy moderates in the middle like a guy whos really smart. They want a competent guy, they get a competent guy.

The right is united, because all parts of the right want the same thing. Were perfectly happy to have someone who simply reads the constitution and the law, preferably laws written in the United States, not this European stuff. And the left is also united. And since we have slightly more people than them, we win.

As for why Bush didnt pick a woman with similar credentials to Alito, I dont know. Ive heard speculation. Ive heard that Alito is particularly well-liked by the head of the judiciary committee, Sen. Arlen Specter. When they first nominated Antonin Scalia, the Italians and New Yorkers really liked that, and that brought us some odd support.

Ralph Neas, president of People for the American Way

I think this is probably the most important and controversial Supreme Court nominee since Robert Bork in ’87 and Clarence Thomas in ’91. We’re asking senators not to take a position until the hearings. With Roberts we did not take a position until five weeks after the nomination, because we had to go through thousands of pages of documents.

This time we were able to frame the debate and define the issues immediately. We need to make sure people understand that this is not a mainstream conservative like Sandra Day O’Connor but a right-wing judicial activist in the mold of Antonin Scalia and Thomas and Bork. These people just have a radically different interpretation of the Constitution.

I actually think that because Alito is so extreme, there is a good chance we can get to 51 votes against the nomination, because there are a lot of moderate and even conservative Republicans who don’t want to turn back the clock on privacy issues, civil rights issues, environmental protection and a woman’s reproductive freedom and reproductive health. But we would certainly recommend that all parliamentary procedures, including the filibuster, should be available for use against the nomination. This is only the second time in 70 years that the court has been evenly divided on many major constitutional issues.

As for why the president didn’t nominate a woman with similarly conservative views, that’s a good question. I don’t know the answer. We certainly hoped that Latinos and women would be considered. But it’s a real mystery, considering what the president and so many others had said about diversity, how we ended up with John Roberts, and now Samuel Alito, because there are a lot of mainstream convervatives out there who are female and people of color, as well as right-wing conservatives. So I don’t know what their decision-making process was.

But this is not a litmus test over one issue or two issues or three. What we have now is an epic struggle, a titanic clash, between two competing and radically different judicial philosophies. Scalia, Thomas, Alito and Bork believe the Constitution has been wrongly interpreted for 60 or 70 years. They want to restore the Constitution to its pre-New Deal incarnation. If Alito replaces O’Connor, a maintream conservative, he could literally be a walking constitutional amendment, turning back the clock on a wide array of issues going back decades.

How to rebuild New Orleans

Celebrate its history of deviance, or disperse its population to the wind. From Tulane to the Heritage Foundation, more proposals for the future of the Big Easy.

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Anthony Fontenot, taught for five years at Tulane University School of Architecture, currently pursuing a Ph.D. at Princeton University School of Architecture

New Orleans currently finds itself in an extraordinary state, suspended somewhere between its past and its future.

New Orleans and its swampy environs are notorious for being culturally and geographically distinguished as a unique ecological and urban site. This specificity has inspired incredibly creative architectural and urban responses as well as caused unimaginable problems. While the developments of the 18th and 19th centuries can be seen as a series of infrastructure interventions provoked by New Orleans’ precarious relationship to its specific environment, today there is a new and urgent need to reevaluate (and perhaps reinvent) the relationship between the infrastructure, the city, and its relationship to the larger ecological context in the 21st century. Beyond the urban and ecological, we are confronted with profound questions concerning a stagnant economy and all-out abandonment of the poor.

It is ironic that many parts of New Orleans that were flooded are the most recent “American-style” postwar suburban developments in the city. On the scale at which we will have to consider the city, New Orleans could become a center for rethinking urbanism and the American suburb, new building technologies, innovative residential designs, and urban responses to wetland ecology.

New Orleans is in a rare position to offer new readings of urban invention and sustainability. This city’s long history of deviation in literature, the arts, musical innovation, improvisation and hybridization, should inspire this investigation into the relationship between culture, place and economics. While most American cities experienced radical changes in the postwar era, New Orleans remained largely intact. The fact that our great era of reconstruction is happening in the early 21st century should allow us the advantage of reexamining the limitations and failures of the second half of the 20th century.

Concerning President Bush’s proposal to establish “Opportunity Zones” in the devastated region, it is important to begin by asking the question — opportunities for whom? Major developers will clearly benefit from the establishment of such “free zones.” If we should reflect on the history of tax credit economic development, what are the precedents of this type of neoliberal development that have been proven to advance the needs of the poor? In the current political milieu, economic development seems to be guided by an extremely narrow vision capable of responding only to big business and tourism. In fact, the two most important meetings immediately following the disaster were the Forty Power Elites of New Orleans gathering in Dallas and the “Future of Tourism” meeting in Baton Rouge. Nowhere were there representatives of the working class and the poor — which constitute the largest population in New Orleans. In the U.S., we have yet to see federally supported models of development that engage the poor, let alone ameliorate poverty. The fact that Halliburton has firmly established itself as a player in the reconstruction should indicate just how far removed federal dollars are from trickling down to the local population.

It is critical to understand New Orleans in a much larger context than the immediate post-Katrina discussions. The plans for restructuring New Orleans should be understood as a continuation of a long history of events pushed to the surface by the storm. The desire for a new kind of city consisting of a less black and impoverished population has been played out over the past 40 years. Since the 1960s New Orleans, like many other American cities, has experienced an extreme urban exodus that continues at only slightly abated rates today.

627,525 total population, 37 percent black in 1960
593,471 total population, 43 percent black in 1970
557,515 total population, 55 percent black in 1980
496,938 total population, 62 percent black in 1990
484,674 total population, 67 percent black in 2000
142,851 population loss (23 percent) from 1960-2000

The general trend over the past 40 years has been an outpouring of middle-class residents from the inner city. Whites abandoned Orleans Parish for Jefferson Parish (69.8 percent white, 22.9 percent African-American, 2000 census), St. Bernard Parish (88.29 percent white, 7.62 percent African-American), and later for St. Tammany Parish (87.03 percent white, 9.90 percent African-American), while many middle-class African-Americans moved outward to Gentilly and New Orleans East, leaving the inner city mostly African-American and poor.

Was it not tax incentives and federal subsidies of the interstate and suburban developments that generated our current racially sorted urban geography? Therefore, the immobility of the poor and tax-incentive development strategies are nothing new to New Orleans and American cities. In fact, they have become the hallmark of neoliberal development since the 1960s. While residents with the resources to move generally did, this left behind the poor and elderly. The decline of the oil and gas industry, the increasing mechanization of the port, the lack of high-technology and industrial employment, plus deeply troubled public schools and a high crime rate, have shrunk New Orleans’ population by 23 percent in 40 years, leaving the city mostly African-American, undereducated, and poor. Only low-paying service jobs in the city’s ever-growing convention and tourism economy offer opportunity to the nonprofessional population, as this once-great city has had to resort to selling its past. In the post-suburban era, the removal of poor black populations from the inner city has become increasingly aggressive as the desire increases to expand the tourist city and “Opportunity Zones” for investment.

The federal program to demolish public housing projects, which often occupy prime real estate, began in the 1990s. The demolition of the St. Thomas public housing project was begun in 2001, dispersing its residents across the city. This was followed by the planned destruction of most of the public housing projects in the inner city. The Housing Authority of New Orleans (HANO), in cooperation with the U.S. Department of Housing and Urban Development (HUD) planned a transformative project typical of the federal program called Hope VI. While the program is “intended to decentralize poverty and create communities with a mix of economic classes and the amenities necessary for thriving neighborhoods,” it is better known as a second wave of federal devastation — the first being the destruction of the existing neighborhoods to build public housing following the 1937 Wagner housing act. The second wave is the demolition of these same projects for the implementation of Hope VI, a neoliberal program based on tax incentives and a hybrid of public and private investment.

In many ways what President Bush is proposing is nothing new. The fantasy of the neoliberal state is to believe that progress can happen without planning and that the market economy will automatically rise to the occasion to resolve economic and social crises while providing the basis for a healthy and just society.

Concerning New Orleans, what type of fundamental changes will occur as a result of massive federal funding guided by a neoliberal ideology of development? The restructuring of the city should be understood as a larger project of social and political restructuring initiated long before Hurricane Katrina. Aside from the questions of how to reengineer the levee systems is the more difficult question of how to address the social reengineering that has long been under way. If the poor folks of New Orleans were struggling for survival and rights to the city before the flood, after the reconstruction they just may be permanently evicted.

If the estimates reported are anywhere near accurate (80 percent of the city flooded), then New Orleans will be renovating and building houses for many years to come. Indeed, as some have stated, we could be facing the very real possibility that most of the houses between Claiborne Avenue and Lake Pontchartrain, the lower 9th ward extending into St. Bernard, and New Orleans East are beyond saving. This exceptional predicament could develop into one of the largest research projects in the world along with the greatest boom in the construction industry.

Over the past five years or so, as the city has made slow but steady progress — a few critical lessons should be learned from the real estate and construction industry. It proved to be one of the fastest-growing industries employing individuals from entry-level positions to master tradesmen. The rise in the construction and real estate market has attracted everyone from local unskilled workers to professionals. For example, a friend of mine gave up his law profession to become a contractor specializing in renovating houses because the market was so lucrative. I have black and white friends who grew up poor in neighborhoods such as the Irish Channel who became plumbers, electricians and carpenters and now make very decent salaries.

>From entry-level positions to highly specialized craftsmen and contractors — the residential construction and renovation industry could serve as an excellent base for generating new knowledge as well as a solid economy for a full spectrum of the population.

While planning more ambitious goals for the future — such as overhauling the public educational system, attracting real industry (besides tourism), and providing high-paying jobs to retain graduates from some of the most impressive local institutions in the region — is necessary, it is critical to initiate immediate strategies for the transitional first phase. A bottom-up strategy which utilizes the existing social infrastructure of small-scale neighborhood-based economics would allow the areas to develop while remain rooted in the cultural production of the place.

To believe that the neoliberal market-driven economy, which produces the market-driven city without regulation or planning, will attend to the needs of the poor is simply naive. With economic resources directed at active social groups, this city that resists (by default or otherwise) the sterile homogenization of typical American urban developments can continue to provide a rich cultural landscape of diverse ethnic and economic groups living in proximities unheard of in most American cities. If New Orleans is to prevail, it will not do so because of grand federal projects; it will do so by reinventing itself — out of necessity — with new forms of economic, urban and cultural grass-roots advancement and development in its own peculiar un-American way.

Thomas Campanella, professor of urban planning and design, University of North Carolina, and co-editor of “The Resilient City: How Modern Cities Recover From Disaster”

Shortly after the terrorist attacks of 9/11, city planner Lawrence J. Vale and I began a broad historical study of urban resilience in the wake of disaster. Among the many lessons this work imparted, two shine brightly through the current fog of trauma in the Gulf.

The first is that cities are more than the sum of their buildings. They begin and end with people, the poor as well as the rich. Thus, there can be no such thing as a resilient city without resilient citizens.

The second is that reconstruction does not equal recovery. A city’s damaged buildings can be restored, its broken highways and fiber optic cables repaired. But if the people who constituted its lifeblood and soul are gone, that city will never be the same again. We can rebuild New Orleans, but can we recover what Katrina took away? That will involve a commitment that goes far beyond the celebrated streets of the French Quarter.

The New Orleans of Fat Tuesday revelry and costumed krewes, of tourist and conventioneer, will bounce back as strong as ever (it will benefit, ironically, from the ubiquitous presence of New Orleans in the news for a month now). But the real test of Orleanian resilience will come down to whether Americans are willing and able to put the “other” Crescent City back on its feet.

That other New Orleans was bedeviled by huge social problems long before Katrina came along. As anyone awake on earth knows by now, New Orleans was among the poorest, most dysfunctional and dangerous cities in the United States. The preexisting conditions that compromised the city’s ability to cope with the disaster now make its chances of recovery slim.

Inertia can play havoc with post-disaster planning, a “regressive resilience” that can quickly reestablish old patterns of economic inequality, racial segregation and entrenched poverty. Bad stuff rebounds as much as good, maybe even more so. But a catastrophe can also throw new light on long-concealed inequalities, as was so painfully evident in the immediate wake of Katrina; and in the right circumstances, exposure can precipitate change.

The great Mexico City earthquake of 1985 literally revealed governmental corruption and abuses of authority (police station cellars, for example, were found to contain evidence of torture). Such shocking revelations galvanized the capital’s resilient citizens to demand greater political accountability and a variety of reforms, including extensive affordable housing. But how do citizens band together when they are evacuees and are no longer in the same place? The greatest tragedy of Katrina may well be not the flooded homes and looted shops, but an essential population scattered to the four winds. These were poor, uneducated people; but they were the lifeblood of the Big Easy, and they carried in their traditions and cuisine and mannerisms and habits of speech a kind of urban genetic code that made New Orleans what it was. Now they are gone off to Houston and Atlanta, Chicago, Baltimore and a hundred other towns and cities, part of the largest internal migration in America for a generation. Can we fault them for getting the hell out of town?

New Orleans failed these people — it failed to give them a decent education, to prepare them for good jobs, to protect them against gang violence. It even failed to give them a lift in the face of a killer flood. But we have a chance here to make things right.

By building affordable housing, creating an effective job training and placement program, improving public education, and cracking down on crime, the New Orleans wrecked by Katrina can be recovered and made a vital part of the larger city. This must be done quickly, before any more roots are put down elsewhere, to signal to the evacuees that they will have a great city to come home to.

Our armies are posted in foreign lands to help rebuilt societies from the ground up. What we can do for Baghdad and Basra we must do for the Lower 9th Ward, Treme, Bywater and other places destroyed by the hurricane, where the real battle for New Orleans will go on long after the television cameras are gone.

Ronald Utt, senior research fellow for the Thomas A. Roe Institute for Economic Policy Studies at the Heritage Foundation

We’re looking at a way to provide a core basis of incentives and opportunities and then let the existing members of the community decide what they want their community to look like — things like tax incentives, capital gains reductions and reinvestments in basic infrastructure, which will create a foundation that the city can thrive on.

And this is more of a bottom-up approach than other proposals, in that it recognizes that New Orleans is a group of citizens who are chiefly responsible for how the city is rebuilt. This is in contrast to the top-down proposals, where people are vicariously imposing their preferences on what’s happening, because this is the first time in a long time that there has been an opportunity to rebuild an entire city, and everybody wants to participate. America has built a lot of cities from scratch but not with any ideas as to where they were going to go. St. Louis started with a group of 200 trappers. None of those trappers had any idea what St. Louis would look like today.

Everybody that has a certain interest in something wants to chime in with their proposals — if for example you’re a trolley advocate or a light-rail advocate, you see in New Orleans a showcase for transit, or if you’re a new urbanist you see an opportunity for new buildings and architecture and increased walkability — everybody who has an interest sees this as a captive experiment. Someone might say, “You need a town square, you’ve never had a town square before and it should be this big.” That’s what we need to avoid. We need to get out of the way and let the individuals rip.

Recognize that New Orleans has been losing population since 1960, in contrast to most American cities that gained population throughout the 1990s, and this reflects a variety of reasons, including a high crime rate and not untypical problems with public schools.

The issues of public safety and public education need to be addressed because those are among the key reasons New Orleans has been suffering an exodus of people and businesses. And you have to decide how the school system should look. We would advocate a decentralized, competitive school system, and one way to do that is to incorporate public charter schools.

These are delicate issues. Regarding public safety, you may already be on the way to a substantial overhaul of the police force, with the resignation of the police chief and the 200-plus police officers who left their posts during the hurricane.

As for rebuilding, with the low-lying areas you’ll have to make decisions, because they’re still vulnerable and many homes might not be able to get flood insurance. Is it technically feasible to build a city that would withstand a Category 5 hurricane? Most of the houses in that area, if they had insurance, were old so they got grandfathered under the old insurance. Would it be better to turn these areas into a public park, essentially, and concentrate on building on higher ground? In other words, invite people to come back to the metropolitan area but not necessarily to their old neighborhoods.

And a lot of these people were renters, so it’s not their house they would be returning to. Since they’re not property owners there’s not even a piece of land for them to go back and sell.

Getting people to come back is a big issue. With housing vouchers and things of that nature they are getting more embedded in some of the cities to which they’ve evacuated. And anecdotally we’re learning that some of them are saying, “You know what? It’s not so bad here.”

Herbert J. Gans, professor of sociology at Columbia University, author of “Urban Villagers”

I hope there will be an opportunity to ask some basic questions before any planning begins, and I have several. First, if global warming or some other cause could mean frequent catastrophic hurricanes in the future, maybe New Orleans should not be rebuilt. Or perhaps only those parts necessary to keep the port operating. The high ground in and around the French Quarter could become a tourist-museum island in the gigantic wetlands into which New Orleans had already been sinking before Katrina.

I also have questions about what will be planned for New Orleans’ population. How many residents will want to come back after the place is functional again — and how long will that take? What about the poor, particularly; will they want to return without work and income? Can New Orleans create more jobs than it had before the disaster? Where will income grants come from for those who cannot work or find work? And what about those who have found work elsewhere at higher pay: Will they want to come back to New Orleans’ lower wages, or will its employers be willing and able to pay more?

Who will provide the money and support for HUD or Louisiana and New Orleans or private enterprise to build low-income housing? Without low-income housing, not very many people will actually be able to come back. Thus, one must also ask what efforts the local business community and local power structure are likely to make to keep the poor, especially the dark-skinned ones, out of a rebuilt New Orleans. And what can be done to discourage or thwart such efforts?

Last but hardly least, will the federal government be willing to supply the money and other support for the jobs, income grants, housing, etc., that will be needed? It has been eliminating and decimating programs that serve the poor and moderate-income people for many years now. Let’s answer these questions first.

And since you cannot get do very much to rid New Orleans of poverty and segregation by redesigning the city, how it is rebuilt physically does not really matter that much in the scale of things.

Historical note — the federal urban renewal program was invented as part of the 1949 Housing Act and finally died just as the Great Society was revving up. It was widely known as Negro removal, and by that criterion was very successful. About 90 percent of the million or so low-rent dwelling units destroyed by urban renewal were occupied by African-Americans.

Isabel V. Sawhill, vice president and director of economic studies, the Brookings Institution.

Katrina may have made the poor more visible, but many people have simply given up in the fight against poverty, believing that most government programs are ineffective. The 1960s’ War on Poverty was launched with high expectations and little knowledge of what would work.

Today, we know much more. We know that in the absence of safety-net programs, there would be almost twice as much poverty as there is. We know that some training and education programs serving the poor have failed while others — high-quality preschool programs in particular — have been much more successful. We know that the Earned Income Tax Credit and welfare reform have reduced poverty while simultaneously increasing employment. We know that housing vouchers that disperse the poor work better than housing programs that concentrate them in just a few areas.

The kind of proposals currently being advanced to assist those devastated by Katrina don’t reflect this accumulated wisdom. Instead of devoting scarce resources to unproven or unsuccessful initiatives, such as enterprise zones or trailer parks, we should build on what we have learned. In addition to spending money more wisely, there’s a real question about whether our newfound charitable instincts in the wake of Katrina will have any staying power. It is easy to send a one-time check to the Red Cross. It is harder to sustain programs that provide the kind of ongoing help that low-income families need to rebuild their lives.

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