Oil barons Charles and David Koch held their annual billionaires' summit in Palm Springs on Sunday, Nancy Goldstein reports in The Nation. Every year, the Kochs gather with fellow plutocrats, prominent pundits, and Republican legislators to plan their assault on government regulation and the welfare state. This is the first year that the low-profile gathering has attracted protesters.
For the environmental community, this coming year offers a chance to regroup, rethink and regrow. Two years ago, it seemed possible that politicians would make progress on climate change issues-that a Democratic Congress would pass a cap-and-trade bill, that a Democratic president would lead the international community toward agreement on emissions standards. And so for two years environmentalists cultivated plans that ultimately came to naught.
What comes next? What comes now? It's clear that looking to Washington for environmental leadership is futile. But looking elsewhere might lead to more fertile ground.
Our new leaders
On Wednesday, the 112th Congress began, and Republicans took over the House. They are not going to tackle environmental legislation. This past election launched a host of climate deniers into office, and even members of Congress inclined to more reasonable environmental views, like Rep. Fred Upton, now chair of the House Energy and Commerce committee, have tacked towards the right. Whereas once Upton recognized the need for action on climate change and reducing carbon emissions, recently he has been pushing back against the Environmental Protection Agency's impending carbon regulations and questioning whether carbon emissions are a problem at all.
"It's worth remembering that Upton was once considered among the most moderate members of the GOP on the issue," writes Kate Sheppard at Mother Jones. "No longer."
Good riddance
The climate bill is really, truly, dead, and it's not coming back. But as Dave Roberts and Thomas Pitilli illustrate in Grist's graphic account of the bill's demise recalls, by the time it reached the Senate, the bill was already riddled with compromises.
And so perhaps it's not such bad news that there's space now to rethink how progressives should approach environmental and energy issues.
"It's refreshing to shake the Etch-a-Sketch. You get to draw a new picture. The energy debate needs a new picture," policy analyst Jason Grumet said last month, as Grist reports.
Already, in The Washington Monthly, Jeffrey Leonard, the CEO of the Global Environmental Fund, is pitching an idea that played no part in the discussions of the past two years. He writes:
If President Obama wants to set us on a path to a sustainable energy future-and a green one, too-he should propose a very simple solution to the current mess: eliminate all energy subsidies. Yes, eliminate them all-for oil, coal, gas, nuclear, ethanol, even for wind and solar. ... Because wind, solar, and other green energy sources get only the tiniest sliver of the overall subsidy pie, they'll have a competitive advantage in the long term if all subsidies, including the huge ones for fossil fuels, are eliminated.
No impact? No sweat
Federal policies aren't the only part of the picture that can be re-drawn. Even as Congress failed to act on climate change, an ever-increasing number of Americans decided to make changes to decrease their impact on the environment.
Colin Beavan committed more dramatically than most: his No Impact Man project required that he switch to a zero-waste life style. This year, he partnered with Yes! Magazine for No Impact Week, which asks participants to engage in an 8-day "carbon cleanse," in which they try out low-impact living. Yes! is publishing the chronicles of participants' ups and downs with the experiment: Deb Seymour found it empowering to give up her right to shop; Grace Porter missed her bus stop and had to walk two miles to school; Aran Seaman found a local site where he could compost food scraps.
The long view
Perhaps, for some of the participants, No Impact Week will continue on after eight days. After Seaman participated last year, he gave up his car in favor of biking and public transportation.
On the surface, giving up a convenience like that can seem like a sacrifice. But it needn't be. Janisse Ray writes in Orion Magazine about her decision to give up plane travel for environmental reasons. Instead, she now travels long distances by train, and that comes with its own pleasures:
Through the long night the train rocks down the rails, stopping in Charleston, Rocky Mount, Richmond, and other marvelous southern places. People get on and off. Across the aisle a woman is traveling with two children I learn are her son, aged twelve, and her granddaughter, ten months. In South Carolina we pick up a woman come from burying her father. He had wanted to go home, she says. She drinks periodically from a small bottle of wine buried in the pocket of her black overcoat. The train is not crowded, and I have two seats to myself.
Our true leaders
Ultimately, though, sweeping environmental changes will require leadership and societal changes. American politicians may have abdicated that responsibility for now, but others are still fighting. In In These Times, Robert Hirschfield writes of Subhas Dutta, who's building a green movement in India.
"The environmental issue is the issue of today. The political parties, all of them, have let us down," Dutta says. "We want to be part of the decision-making process on the state and national levels. The struggle for the environment has to be fought politically."
One person who understood that was Judy Bonds, the anti-mountaintop removal mining activist, who died this week of cancer. Grist, Change.org, and Mother Jones all have remembrances; at Change.org, Phil Aroneanu shared "a beautiful elegy to Judy from her friend and colleague Vernon Haltom:"
I can't count the number of times someone told me they got involved because they heard Judy speak, either at their university, at a rally, or in a documentary. Years ago she envisioned a "thousand hillbilly march" in Washington, DC. In 2010, that dream became a reality as thousands marched on the White House for Appalachia Rising....While we grieve, let's remember what she said, "Fight harder."
This post features links to the best independent, progressive reporting about the environment by members of The Media Consortium. It is free to reprint. Visit the Mulch for a complete list of articles on environmental issues, or follow us on Twitter. And for the best progressive reporting on critical economy, health care and immigration issues, check out The Audit, The Pulse, and The Diaspora. This is a project of The Media Consortium, a network of leading independent media outlets.
House Republicans will hold a symbolic vote to overturn health care reform on January 12. The bill, which would repeal the Affordable Care Act (ACA) and set the nation's health care laws back to the way they were last March, has no chance of becoming law. The GOP controls the House, but Democrats control the Senate. Senate Majority Leader Harry Reid announced that the Senate Democrats will block the bill.
Suzy Khimm of Mother Jones reports that the 2-page House bill carries no price tag. The Congressional Budget Office estimates that the ACA would save $143 billion dollars over the next decade. The GOP repeal bill contains no alternative plan. So, repealing the ACA would be tantamount to adding $143 billion to the deficit. So much for fiscal responsibility.
Why are the Republicans rushing to vote on a doomed bill without even bothering to hold hearings, or formulate a counter-proposal for the Congressional Budget Office to score? Kevin Drum of Mother Joneshazards a guess:
[Speaker John] Boehner [(R-OH)] knows two things: (a) he has to schedule a repeal vote because the tea partiers will go into open revolt if he doesn't, and (b) it's a dead letter with nothing more than symbolic value. So he's scheduling a quick vote with no hearings and no CBO scoring just so he can say he's done it, after which he can move on to other business he actually cares about.
An opportunity?
Steve Benen of the Washington Monthly argues that all this political theater around repealing the Affordable Care Act is an opportunity for Democrats to remind the public about all the popular aspects of the bill that the GOP is trying to strip away.
Last weekend several key provisions of the ACA took effect, including help for middle income seniors who are running up against the prescription drug "donut hole." Until last Saturday, their drugs were covered up to a relatively low threshold, then they were on their own until they spent enough on prescriptions for the catastrophic coverage to kick in again. Those seniors will be reluctant to give up their brand new 50% discount on drugs in the donut hole.
Another crack at turning eggs into persons
A Colorado ballot initiative to bestow full human rights on fertilized ova was resoundingly defeated for the second time in the last midterm elections. Attempts to reclassify fertilized ova as people are an attempt to ban abortion, stem cell research, and some forms of birth control. Patrick Caldwell of the American Independent reports that new egg-as-person campaigns are stirring in other states where activists hope to take advantage of new Republican majorities.
Personhood USA, the group behind the failed Colorado ballot initiatives, claims that there is "action" (of some description) on personhood legislation in 30 states. Caldwell says Florida may be the next battleground. Personhood USA needs 676,000 signatures to get their proposed constitutional amendment on the ballot. Right now, they have zero, but they promise a "big push" in 2011.
Ronald McDonald = Joe the Camel
In AlterNet, Kelle Louaillier calls for more regulation of fast food industry advertising to children. New research shows that children are being exposed to significantly more fast food ads than they were just a few years ago. Other studies demonstrate that children give higher marks to food products when they are paired with a cartoon character. Louaillier writes of her organization's campaign to prevent fast food companies from using cartoons to market fast food to kids:
For our part, my organization launched a campaign in March to convince McDonald's to retire Ronald McDonald, its iconic advertising character, and the suite of predatory marketing practices of which the clown is at the heart. A study we commissioned by Lake Research Partners found that more than half of those polled say they "favor stopping corporations from using cartoons and other children's characters to sell harmful products to children."
Local elected officials are joining the cause, too. Los Angeles recently voted to make permanent a ban on the construction of new fast food restaurants in parts of the city. San Francisco has limited toy giveaway promotions to children's meals that meet basic health criteria. The idea is spreading to other cities.
2011 trendspotting: Baby food
The hot new snack trend for 2011 is mush, as Bonnie Azab Powell reports in Grist. In an attempt to burnish its portfolio of "healthier" snack options for kids Tropicana (a PepsiCo company) is introducing a new line of pureed fruit and vegetable slurries. The products, sold under the brand name Tropolis, feature ground up fruits and veggies, vitamin C, and fiber in a portable plastic pouch. These "drinkified snacks" or "snackified drinks" will be priced at $2.49 to $3.49 for a four-pack, making them more expensive than fresh fruit.
This post features links to the best independent, progressive reporting about health care by members of The Media Consortium. It is free to reprint. Visit the Pulse for a complete list of articles on health care reform, or follow us on Twitter. And for the best progressive reporting on critical economy, environment, health care and immigration issues, check out The Audit, The Mulch, and The Diaspora. This is a project of The Media Consortium, a network of leading independent media outlets.
Weekly Pulse: GOP Plays Chicken with the Debt Ceiling
By Lindsay Beyerstein, Media Consortium blogger
Sen. Jim DeMint (R-SC) is calling for a "big showdown" over the upcoming vote to raise the nation's debt ceiling to $14.3 trillion from $13.9 trillion. The debt ceiling is simply the maximum amount the government can borrow.
The co-chairs of the 18-member deficit commission issued a preliminary presentation two weeks ago that favored tax breaks for the wealthy and left open the possibility of deep cuts to Social Security, Medicare and other social programs. But there's still time for the commission to radically reshape its message before it issues its final report.
As some Americans obsess over whether to brine or deep-fry their Thanksgiving turkeys, others are going hungry. Seth Freed Wessler reports for ColorLines that 50 million Americans went hungry in 2009, according to the latest figures from the U.S. Department of Agriculture.
Astonishingly, more than 36% of female-headed households suffered from food insecurity last year, in spite of a massive expansion of federal food stamp benefits as part of the economic stimulus. Forty-two million families received food stamps last year, 10 million more than the year before. Congress gutted the food stamp program this summer. If something isn't done, families of four will lose $59 a month in food stamp benefits at the end of 2014. At the time of the cuts, House Democrats promised to restore food stamp benefits during the lame duck session of Congress, but Freed notes there's been little sign recently that they plan to follow through on the promise.
Making Crisis Pregnancy Centers come clean
The New York City Council is preparing to vote on the legislation to force so-called "crisis pregnancy centers" (CPCs) to disclose that they are not health care facilities and that they do not provide birth control or abortions. CPCs are anti-choice ministries that deliberately mimic abortion clinics in order to trick women who might be seeking abortions. It's all a ruse to bombard these women with false information about abortion under the guise of health care. As we discussed last week in the Pulse, CPCs also serve as incubators for more extreme forms of anti-choice activism, from clinic obstruction to violence.
In RH Reality Check, Dr. Lynette Leighton explains why she supports New York City's proposed bill to require so-called "crisis pregnancy centers" to disclose that they aren't real clinics staffed by health care providers:
As a family physician, I provide comprehensive health care for all of my patients, including safe abortions for women who decide to end a pregnancy. I've cared for many women who came to me in crisis when they learned they were pregnant. The last thing my patients need is to be misled by anti-abortion organizations masquerading as health clinics. I'm strongly in favor of the New York City bill requiring crisis pregnancy centers to disclose that they do not provide abortions or contraception, or offer referrals for these services.
New York CPCs are claiming that the requirement to disclose violates their freedom of speech, Robin Marty notes in RH Reality Check. In other words, they are claiming a First Amendment right to bait and switch. The executive director of the New York Civil Liberties Union (NYCLU) is scheduled to testify before the City Council that the free speech claim is baseless.
See you in court!
In other reproductive rights news, the Center for Reproductive Rights took the FDA to court on Tuesday over access to the morning after pill. The FDA has been ignoring a court order to make emergency contraception available over the counter to women of all ages, and the Center is going to court to spur the agency to comply, Vanessa Valenti reports for Feministing.
Look at this smokin' hipster
Tobacco giant R.J. Reynolds is courting hipsters with a new "Williamsburg" cigarette, Brie Cadman reports for Change.org. "[Smoking Camels is] about last call, a sloppy kiss goodbye and a solo saunter to a rock show in an abandoned building... It's where a tree grows," according to the online ad copy. Mmm, kissing smokers.
It's all part of an online marketing campaign in which users are invited to guess where brand mascot Joe Camel will show up next week. Interestingly, the contest's name is "Break Free Adventure," a twist on the Camel brand's "Break Free" tagline. Odd that they'd pick a slogan usually associated with quitting smoking, rather than feeding the addiction. Those hipsters sure love irony.
Blowing the whistle on health insurers
On Democracy Now!, health insurance executive turned whistleblower Wendell Potter predicts that the Republicans will back off their grandiose campaign promises to repeal health care reform and instead try to dismantle the bill's provisions that protect consumers. Potter notes that health insurers are major Republican donors, and that parts of the law are very good for insurers, notably the mandate forcing everyone to buy health insurance.
Apparently, some true believers haven't gotten the memo. Steve Benen of the Washington Monthly notes that some Republican members of Congress are still gunning to shut down the government over health care reform and other spending.
This post features links to the best independent, progressive reporting about health care by members of The Media Consortium. It is free to reprint. Visit the Pulse for a complete list of articles on health care reform, or follow us on Twitter. And for the best progressive reporting on critical economy, environment, health care and immigration issues, check out The Audit, The Mulch, and The Diaspora. This is a project of The Media Consortium, a network of leading independent media outlets.
Republicans don't have the votes to repeal health care reform, but they are determined to use their newly-won control of the House to fight it every step of the way. Marilyn Werber Serafini gives Truthout readers a sneak-peek at the GOP playbook to attack healthcare reform in 2011.
Who are some of the top contenders in this coming battle? Rep. Joe Barton (R-TX) is a leading candidate to chair of the House Energy and Commerce Committee. Barton is vowing, if elected chairman, to use the oversight powers of the committee to hold a flurry of hearings on alleged misconduct in the crafting of the Affordable Care Act. Barton plans to show that budget experts "covered up" the true projected costs of health care reform. In Barton's world, the fact that there's no evidence to support this allegation is all the more reason to investigate.
Other key players include James Gelfand, the director of health policy at the U.S. Chamber of Commerce, who has already compiled a wishlist of 31 investigations that he wants the newly Republican-controlled House to undertake. The Chamber spent millions to elect Republicans this cycle. Barton's hearings will have to compete for political oxygen with those of Rep. Darrel Issa (R-CA), the chair apparent of the Investigations Committee, who is promising to gum up the works of government with at least to seven hearings a week for 40 weeks, a projected rate nearly triple that of his predecessor Rep. Henry Waxman (D-Ca).
Health care freedom's just another word for nothing left to lose
If they can't undo health reform in the corridors of Washington, conservatives are looking to the states and the federal courts. In The Nation, Nicholas Kusnetz reports on how a coalition of hard right groups are organizing against health care reform at the state level.
A group known as the American Legislative Exchange Council (ALEC) is at the forefront of the drive to pass so-called "health care freedom acts" in the states to preemptively outlaw federal health reform before it can be implemented. ALEC claims to have filed or pre-filed bills in 38 states and passed 6 so far. Few expect these laws to stand up in court, if challenged, but they are part of ALEC's long term strategy to fight health reform itself in the federal courts. A Virginia judge recently ruled that an ALEC-sponsored "freedom" law gave the state standing to challenge federal reform.
Kusnetz shows the close ties between ALEC officials and Americans for Prosperity, the Cato Institute, and other Koch-Industries-funded conservative activist groups that are campaigning against health care reform in various capacities.
What about Medicare?
At the Washington Monthly, Steve Benen notes that many Republicans, including Senator-Elect Rand Paul (R-KY) successfully campaigned on a platform of repealing health care reform to save Medicare. Benen explains that repealing the Affordable Care Act would actually put Medicare in worse financial straights than staying the course. The Republican rhetoric of defending Medicare and railing against socialized medicine is a flagrant self-contradiction. It's not hard to see which of these two projects they are more committed to.
As Brie Cadman points out at Change.org, the self-proclaimed "Young Guns" of the Republican Party are keen to privatize Medicare all together.
Government cheese: Corporate welfare edition
The USDA is scheming to make you eat more cheese. Tom Philpott of Grist explains how it works. Big Dairy produces more milk than Americans care to drink. Plus, consumers are increasingly demanding reduced-fat milk. That leaves a lot of milk left over to make cheese, but Americans aren't eating enough cheese to make a dent in the national milk fat surplus.
Unsold milk fat could become a toxic asset on the books of Big Dairy. So, the USDA created a non-profit corporation called Dairy Management (DM) to convince fast food companies to spike their products with millions of tons more cheese every year. With the help of DM, Domino's Pizza created a line of "Legend" pizzas with 40% more cheese. Who can forget the epic 2002 "Summer of Cheese" when DM teamed up with Pizza Hut to boost cheese consumption by an astonishing 102 million pounds? The average American now eats 33 pounds of cheese per year, three times as much as in 1970.
Officially, the USDA is supposed to help Americans eat better and support the agriculture industry. Cheese can be part of a healthy diet, but not in ever-increasing quantities. In practice, supporting the profits of Big Agra should not take precedence over preventing obesity or reducing the incidence of heart disease, high blood pressure, and diabetes.
CPCs: Incubators for anti-choice violence
In Ms. Magazine, Kathryn Joyce explores the shadowy world of "crisis pregnancy centers," anti-choice ministries that pose as full-service reproductive health clinics, but offer no real health services. CPCs have a business model built on deceit. They seek to prevent abortions by tricking women seeking comprehensive reproductive health care, which might include abortion.
Activism rooted in such deceit and contempt for women's autonomy can flare into violence. Joyce reveals that CPCs also serve as incubators for radical anti-choice activism. Radical groups like Operation Rescue encourage their supporters to volunteer. Scott Roeder, the assassin of Dr. George Tiller, got his start accosting women on the street outside abortion clinics as a volunteer "sidewalk counselor" for a crisis pregnancy center.
Just the presence of a CPC near an abortion clinic is correlated with increased violence against the clinic, as Joyce reports:
A recent survey by the Feminist Majority Foundation of women's reproductive-health clinics nationwide found 32.7 percent of clinics located near a CPC experienced one or more incidents of severe violence, compared to only 11.3 percent of clinics not near a CPC. (Severe violence includes clinic blockades and invasions, bombings, arson, bombing and arson threats, death threats, chemical attacks, stalking, physical violence and gunfire.)
Doctors on the front line see the overlap between CPCs and more virulent forms of anti-choice activism every day. "[CPCs and violent anti-choice activists] have two different spheres," OB-GYN Dr. LeRoy Carhart, one of the nation's last remaining specialists in late-term abortions, told Joyce. "The underlying theory of both is never let the truth stand in the way of getting your point across. If you distort facts to women, there is no difference."
Flip Benham's slap on the wrist
One of the activists Joyce interviews in her piece is Rev. "Flip" Benham, director of Operation Save America/Operation Rescue. Robin Marty of RH Reality Check reports that Benham was found guilty of stalking an abortion provider and posting "Wanted" posters with the doctor's picture on them, accusing him of being a baby killer. Benham was sentenced to 24 months probation.
In his defense, Benham claimed that this was a harmless gesture that never killed anyone. In fact, "wanted" posters for abortion doctors are a time-honored intimidation tactic that has been used repeatedly before the murders of abortion providers. Benham is deliberately cultivating a climate of fear and rage is conducive to violence.
This post features links to the best independent, progressive reporting about health care by members of The Media Consortium. It is free to reprint. Visit the Pulse for a complete list of articles on health care reform, or follow us on Twitter. And for the best progressive reporting on critical economy, environment, health care and immigration issues, check out The Audit, The Mulch, and The Diaspora. This is a project of The Media Consortium, a network of leading independent media outlets.
Weekly Pulse: Uncovered Abortions, Toxic Mani-Pedis, and Kagan's a Go
by Lindsay Beyerstein, Media Consortium blogger
Last week, the Obama administration preemptively caved to the anti-choice lobby by declaring that new high-risk insurance pools, a byproduct of recent health care legislation, will not cover abortions, even if states or patients pay for that coverage with their own money. Under health care reform, states must create high-risk insurance pools for people with preexisting conditions. These pools will be phased out in 2014 when the new insurance exchange comes online.
Last week, the Obama administration preemptively caved to the anti-choice lobby by declaring that new high-risk insurance pools, a byproduct of recent health care legislation, will not cover abortions, even if states or patients pay for that coverage with their own money. Under health care reform, states must create high-risk insurance pools for people with preexisting conditions. These pools will be phased out in 2014 when the new insurance exchange comes online.
As you may recall, the Nelson amendment to the health care reform bill says that the federal government can't pay for abortion coverage in the exchanges, but it doesn't mention the high-risk pools. There is no overarching ban that would preclude federal funds for abortion coverage in the high-risk pools. The Obama administration's ruling is purely a lack of political courage. In fact, as Jessica Arons explains at RH Reality Check, the pool rules are even stricter than Nelson's rules for the exchange.
Hey, you! Outta the high-risk pool!
The Nelson amendment was hailed as a compromise because it gave women the option of buying their own abortion coverage. Now, the Obama administration has taken that option away from women in high-risk pools. This is especially troubling because high-risk pools are supposed to help people with chronic medical conditions-who might be more likely to need an abortion. That means that more women with diabetes and cancer will have to pay out of pocket for abortions to preserve their health.
Michelle Chen of ColorLines accuses the Obama administration of selling out women of color to avoid the wrath of the anti-choice lobby. She predicts that women of color will be disproportionately affected by these restrictions because they are more likely to end up in the high-risk pools in the first place.
Nail in the Coffin
In the latest of a series of videos on occupational health and safety, Brave New Films shines a spotlight on toxic chemicals in the nail salon industry. Currently, there are almost no federal regulations on what manufacturers can put in professional beauty products. The nail care industry is booming. There over a hundred thousand manicurists in California alone, most are female, and a large percentage are Vietnamese immigrants. Salon workers breathe a toxic soup of chemicals, many of which have never been tested on humans. Brave New Films is circulating a petition calling on Congress to protect workers by supporting safe cosmetics legislation. youtube]
Kagan gets the nod
The Senate Judiciary Committee approved Elena Kagan's nomination to the Supreme Court by a vote of 13-6. The outcome of Tuesday's vote was never in doubt. Many were mildly surprised to see that Sen. Lindsay Graham (R-SC) voted in Kagan's favor. Steve Benen of the Washington Monthly predicts that the vote will ensure that Graham will get a conservative primary challenger. But Benen also doesn't see what all the fuss is about.
[...] I still find the right's outrage over Graham to be pretty silly. He's voting for a qualified Supreme Court nominee? The horror! Ruth Bader Ginsburg was confirmed on a 96 to 3 vote when her nomination was sent to the floor. How many of those Republicans were threatened with primary challenges because of it?
This post features links to the best independent, progressive reporting about health care by members of The Media Consortium. It is free to reprint. Visit the Pulse for a complete list of articles on health care reform, or follow us on Twitter. And for the best progressive reporting on critical economy, environment, health care and immigration issues, check out The Audit, The Mulch, and The Diaspora. This is a project of The Media Consortium, a network of leading independent media outlets.
It looks as if election-year strategies are trumping any actual problem-solving by Republican lawmakers. In the midst of one of the worst unemployment crises in U.S. history, Senate Republicans killed a jobs bill last Thursday by a 56-40 vote.
It looks as if election-year strategies are trumping any actual problem-solving by Republican lawmakers. In the midst of one of the worst unemployment crises in U.S. history, Senate Republicans killed a jobs bill last Thursday by a 56-40 vote.
On Monday, President Barack Obama nominated solicitor general Elena Kagan to replace retiring Justice John Paul Stevens on the Supreme Court. Kagan's nomination has raised eyebrows among progressives. Despite a long career in legal academia, Kagan has published very little. She seems to have studiously avoided taking a stand on almost any controversial issue. Ruth Coniff of the Progressive calls the Kagan pick "a triumph of the bland."
"Partial Birth Abortion" ban
As a White House aide, Kagan wrote a memo urging President Bill Clinton to support a ban on so-called "partial birth abortion." At the time, the House had passed a sweeping late-term abortion ban with no exceptions for the life and health of the mother. Clinton asked Kagan whether he should throw his support behind a more moderate Senate version of the same bill. She recommended a "compromise"-a ban with a maternal health exemption. In the end, Congress passed the extreme version and Clinton vetoed it.
Suzy Khimm of Mother Jones characterizes the memo as "more indicative of a political strategy than a legal argument." In other words, Kagan was giving strategic advice to the president about what would be politically feasible, not legal advice about the government's powers to regulate abortion. Kagan argued that the president should support the "compromise" position even though the Justice Department thought it was unconstitutional, according to Jodi Jacobson of RH Reality Check.
At TAPPED, Monica Potts argues that the memo gives us little indication of how Kagan would vote on abortion as a justice.
No Harriet Miers
There's no question that Kagan is possessed of a formidable intellect. Stephanie Mencimer of Mother Jones quotes one of her former law school students, Elie Mystal, sharing his experience with Kagan on the blog Above the Law:
Like Frodo on Weathertop, there are some wounds that never fully heal. Professor Kagan massacred me intellectually, and brutalized my pride. I got some form of a B in her class (I honestly don't remember if there was a modifier - I've tried to suppress those memories). Kagan was a frightening professor for those who wanted to match wits with the brightest legal minds in the world. For people like me, people who just wanted to get through law school with minimal mental damage, Kagan was nothing short of terrifying.
That's the best news I've heard all day.
Kagan has never been a judge, but that's not necessarily a deal-breaker in itself. As Steve Benen points out at the Washington Monthly, over a third of the 111 justices of the Supreme Court have had no previous judging experience.
A missed opportunity
Scott Lemieux argues in the American Prospect that Obama is wasting a rare political opportunity to confirm a more liberal justice. Right now, the Democrats still have a sizable, though not filibuster-proof, majority in the Senate. Lemieux argues that Obama is almost certain to get another Supreme Court pick before the end of his term. Then again, he points out, the Democrats are likely to lose Senate seats in the midterm elections.
If Obama were ever going to get a strong liberal on the bench, this would have been the time. No date has been set for a confirmation hearing. Kagan is in Washington today, courting lawmakers.
This post features links to the best independent, progressive reporting about health care by members of The Media Consortium. It is free to reprint. Visit the Pulse for a complete list of articles on health care reform, or follow us on Twitter. And for the best progressive reporting on critical economy, environment, health care and immigration issues, check out The Audit, The Mulch, and The Diaspora. This is a project of The Media Consortium, a network of leading independent media outlets.
by Lindsay Beyerstein, Media Consortium blogger
On Monday, President Barack Obama nominated solicitor general Elena Kagan to replace retiring Justice John Paul Stevens on the Supreme Court. Kagan's nomination has raised eyebrows among progressives. Despite a long career in legal academia, Kagan has published very little. She seems to have studiously avoided taking a stand on almost any controversial issue. Ruth Conniff of the Progressive calls the Kagan pick "a triumph of the bland."
"Partial Birth Abortion" ban
As a White House aide, Kagan wrote a memo urging President Bill Clinton to support a ban on so-called "partial birth abortion." At the time, the House had passed a sweeping late-term abortion ban with no exceptions for the life and health of the mother. Clinton asked Kagan whether he should throw his support behind a more moderate Senate version of the same bill. She recommended a "compromise"-a ban with a maternal health exemption. In the end, Congress passed the extreme version and Clinton vetoed it.
Suzy Khimm of Mother Jones characterizes the memo as "more indicative of a political strategy than a legal argument." In other words, Kagan was giving strategic advice to the president about what would be politically feasible, not legal advice about the government's powers to regulate abortion. Kagan argued that the president should support the "compromise" position even though the Justice Department thought it was unconstitutional, according to Jodi Jacobson of RH Reality Check.
At TAPPED, Monica Potts argues that the memo gives us little indication of how Kagan would vote on abortion as a justice.
No Harriet Miers
There's no question that Kagan is possessed of a formidable intellect. Stephanie Mencimer of Mother Jones quotes one of her former law school students, Elie Mystal, sharing his experience with Kagan on the blog Above the Law:
Like Frodo on Weathertop, there are some wounds that never fully heal. Professor Kagan massacred me intellectually, and brutalized my pride. I got some form of a B in her class (I honestly don't remember if there was a modifier - I've tried to suppress those memories). Kagan was a frightening professor for those who wanted to match wits with the brightest legal minds in the world. For people like me, people who just wanted to get through law school with minimal mental damage, Kagan was nothing short of terrifying.
That's the best news I've heard all day.
Kagan has never been a judge, but that's not necessarily a deal-breaker in itself. As Steve Benen points out at the Washington Monthly, over a third of the 111 justices of the Supreme Court have had no previous judging experience.
A missed opportunity
Scott Lemieux argues in the American Prospect that Obama is wasting a rare political opportunity to confirm a more liberal justice. Right now, the Democrats still have a sizable, though not filibuster-proof, majority in the Senate. Lemieux argues that Obama is almost certain to get another Supreme Court pick before the end of his term. Then again, he points out, the Democrats are likely to lose Senate seats in the midterm elections.
If Obama were ever going to get a strong liberal on the bench, this would have been the time. No date has been set for a confirmation hearing. Kagan is in Washington today, courting lawmakers.
This post features links to the best independent, progressive reporting about health care by members of The Media Consortium. It is free to reprint. Visit the Pulse for a complete list of articles on health care reform, or follow us on Twitter. And for the best progressive reporting on critical economy, environment, health care and immigration issues, check out The Audit, The Mulch, and The Diaspora. This is a project of The Media Consortium, a network of leading independent media outlets.
While immigrant rights groups pressure the federal government via high-profile marches and rallies, anti-immigration forces are pushing punitive laws on the state and local levels. Thousands of immigration reform proponents rallied last week to push federal lawmakers to pass reform this year, but the Arizona House of Representatives passed one of the toughest immigration laws in the country, which enables racial profiling of Latinos.
If the Senate fails to propose a reform bill this Spring, immigration reform won't be on the agenda for 2010. With elections at the end of the year, it's uncertain if reform will pass after that, as the resulting Congress could be more conservative.
More rallies from the grassroots
As Seth Freed Wessler reports at RaceWire, "Rallies for immigration reform were held in at least seven cities on Saturday, including Las Vegas, Seattle and Chicago, and were meant to maintain momentum from the massive march in Washington last month." The rallies were part of a sustained effort by reform supporters to pressure the Senate to take up reform this year.
In Las Vegas, Senate Majority Leader Harry Reid (D-NV) made an appearance and told supporters that the Senate would start work on reform soon after legislators came back from a brief recess this week.
"Speaking before a crowd of more than 6,000, Reid, a vulnerable incumbent, assured his audience of his commitment," Steve Benen wrote for the Washington Monthly.
"We're going to come back, we're going to have comprehensive immigration reform now," Reid was quoted as saying. "We need to do this this year. We cannot wait."
New America Media cites a report from Univision, writing that "Reid, fresh from the fight for health system reform and with a difficult re-election campaign ahead, told demonstrators that there is some urgency to passing legislation to reform the immigration system, including improving border security and creating a guest worker program for seasonal workers."
New America Media also reports on a surprising conservative-evangelical alliance that supports comprehensive immigration reform that protects children and families. "While not entirely new, the involvement of conservative Latino and evangelical leaders in the immigration debate puts additional pressure on Congress and the president to take up the issue this year."
In Seattle, AlterNet reports on the large presence of Asian immigrants at the local rally, quoting Diane Narasaki, executive director of the Asian Counseling and Referral Service: "There are about 1 million Asians living in this country who are undocumented, so comprehensive immigration reform is really key to our community," Narasaki said.
Local laws target immigrants
Meanwhile, the GOP-controlled Arizona House of Representatives voted along party lines this week to pass a state law that would, as RaceWire's Freed Wessler reports, "make it a criminal offense simply to be an undocumented immigrant on Arizona soil and to require local cops to determine a person's immigration status if there is any 'reasonable suspicion' the person is undocumented."
"The law would essentially require police to racially profile Latinos and threatens to terrorize immigrant communities already trying to survive in what is arguably the country's most anti-immigrant state," writes Freed Wessler.
In Colorado, where a similar state law passed despite wide criticism of civil rights abuses, there are reports on an effort in Denver to push back against a a local city-wide anti-immigrant law that encourages police to impound vehicles of undocumented immigrants.
"Members of the city council here are considering eliminating a controversial vehicle impound law that has raised financial and constitutional questions," Joseph Boven reports for the Colorado Independent. "It's unconstitutional, for example, to require Denver police to judge whether someone driving in Denver without a license might be an illegal alien."
Linking national concerns with local issues, the National Radio Project reports on a panel called "Race, Immigration and the Fight for an Open Internet," which focused on how telecommunications corporations' moves to restrict internet access could affect immigrant communities.
"Right now, telecommunications companies are pursuing a restrictive pay-for-play business model for online access that many say will only further the digital divide, discriminating between those who have Internet access and those who do not," the news outlet notes.
This post features links to the best independent, progressive reporting about immigration by members of The Media Consortium. It is free to reprint. Visit the Diaspora for a complete list of articles on immigration issues, or follow us on Twitter. And for the best progressive reporting on critical economy, environment, and health care issues, check out The Audit, The Mulch, and The Pulse. This is a project of The Media Consortium, a network of leading independent media outlets.
Weekly Pulse: WV Mine Had Over 1300 Health and Safety Violations
By Lindsay Beyerstein, Media Consortium blogger
Massey Energy's Disregard for Safety
A massive explosion ripped through the Big Branch coal mine in West Virginia on Monday, killing 25 miners and leaving 6 others missing and presumed dead. The mine had an egregious record of health and safety violations. Peter Rothberg of The Nation writes:
The US Mine Safety and Health Administration cited the mine for 1,342 safety violations from 2005 through Monday for a total of $1.89 million in proposed fines, according to federal records. The company has contested 422 of those violations, totaling $742,830 in proposed penalties, according to federal officials. Massey Energy is actively contesting millions of dollars of fines for safety violations at its West Virginia coal mine where disaster struck yesterday afternoon.
Nick Baumann of Mother Jones reports that company that owns the mine, Massey Energy, has been fined over $400,000 this year for allowing flammable gas and coal dust to build up inside the mine. Investigators suspect that just such a buildup caused the blast. Aaron Weiner of the Washington Independent observed that Massey's website was trumpeting 2009 as "another record setting year for safety."
This week's blast was a tragic illustration a longstanding problem. Jeff Biggers, himself a coal miner's grandson, writes in AlterNet that all mine safety laws are "written in in the blood of coal miners." Over 104,000 workers have died in America's coal mines over the industry's history. Furthermore:
In other health news, Steve Benen of the Washington Monthly reports that a Yakima man has been arrested and charged with threatening the life of Sen. Patti Murray (D-Wash) over the passage of the health care bill. The FBI alleges that Charles Wilson left multiple anonymous death threats on Murray's office voicemail system. According to the criminal complaint federal agents tracked Wilson down by tracing his home phone number. Note to stupid criminals, just because the person you're calling can't see your blocked number doesn't make it invisible to phone company, or the FBI.
According to the criminal complaint, a special agent called Wilson posing as a member of Patients United Now. The real Patients United Now (PUN) is a project of Americans for Prosperity (AFP), a major right wing anti-reform group. Normally the FBI gets permission from real, active organizations before impersonating their members, but as I report for AlterNet, the FBI didn't get permission from AFP or PUN to use PUN's name as cover. That's a bit disturbing, in my opinion, if only because it's likely to fuel suspicions of anti-government conspiracy theorists. Still, it's ironic that FBI astroturfed the astroturfers to catch Wilson.
This post features links to the best independent, progressive reporting about health care by members of The Media Consortium. It is free to reprint. Visit the Pulse for a complete list of articles on health care reform, or follow us on Twitter. And for the best progressive reporting on critical economy, environment, health care and immigration issues, check out The Audit, The Mulch, and The Diaspora. This is a project of The Media Consortium, a network of leading independent media outlets.
Yesterday, President Obama signed health care reform into law. As Mike Lillis explains in the Washington Independent, the bill now proceeds to the Senate for reconciliation. The whole process could be complete by the end of the week. Republicans and their allies have already moved to challenge reform in court.
Legal challenges
The fight is far from over, however. Steve Benen of the Washington Monthly notes that Republicans have already filed papers to challenge health care reform in court. The Justice Department has pledged to vigorously defend health care reform, according to Zach Roth of TPM Muckraker.
The legal arguments against health care reform center around the constitutionality of an individual mandate, i.e., the requirement that everyone must carry health insurance. This argument is specious. The bill characterizes the mandatory payments as a tax, and imposes a fine for those who don't pay their insurance tax. There is no question that Congress has the authority to levy taxes in support of the general welfare and providing health insurance to the people easily meets that legal criterion.
Dave Weigel of the Washington Independent reviews some of the other formidable legal barriers to challenging health care reform in court. But take heart, teabaggers! Birther-dentist-lawyer Orly Taitz is on the case.
Violent outbursts from reform opponents
Some anti-reform activists have resorted to intimidation. Five Democratic offices were vandalized in the days surrounding the House vote, as Justin Elliott reports for TPM Muckraker. Someone hurled a brick through the window of the Niagara office of Rep. Louise Slaughter (D-NY), the chair of the powerful House Rules Committee.
Slaughter is notorious on the right for drawing up the controversial "deem and pass" strategy for moving the bill forward. Her plan was never put into action, but she has become a target anyway. Another Democratic office in Slaughter's district was damaged by a brick bearing a quote from conservative icon Barry Goldwater: "Extremism in defense of liberty is no vice."
Elliott notes that a conservative blogger in Alabama is doing his best to incite similar attacks, though it's not clear whether he instigated any of the original five:
...Blogger Mike Vanderboegh has been tracking the breaking of windows at Dem offices after issuing a call Friday: "To all modern Sons of Liberty: THIS is your time. Break their windows. Break them NOW."
Reproductive rights take a hit
Anti-abortion extremist Rep. Bart Stupak (D-MI) failed to get his ultra-restrictive abortion language inserted into the health care bill, but the final bill does impede health insurance coverage for abortion.
For example, those who choose abortion coverage will have to write two checks: One for their regular premium and one for a dollar to go into a separate abortion coverage fund. Many analysts fear that the extra hassles will discourage private insurers from covering abortion at all. Pro-choice activists were in a weaker negotiating position because, unlike Stupak and his allies, they weren't prepared to kill health reform if their demands weren't met.
The greater good?
Now that health care reform is safely signed into law, the pro-choice movement is stepping back and asking itself some tough questions.
In The Nation, Katha Pollitt argues that the pro-choice movement deserves to be rewarded for sacrificing its own agenda for the greater good. She suggests that the Democrats could reward the reproductive rights movement by fully funding the Violence Against Women Act, addressing maternal mortality and other policy changes to advance women's health and freedom.
Jos of Feministing counters that with their go along to get along attitude pro-choice groups have only demonstrated that they can be ignored with impunity: "You don't get rewarded for demonstrating a lack of political power, you get further marginalized."
At RH Reality Check, Megan Carpentier argues that national pro-choice organization like NARAL and Planned Parenthood ceded their leverage too easily. While anti-choicers were beefing up their lobbying presence in Washington, major pro-choice groups were scaling back. Pro-choice groups compromised early and easily, perhaps because they were overly confident that their service to the Democratic cause would be rewarded in the end.
This post features links to the best independent, progressive reporting about health care by members of The Media Consortium. It is free to reprint. Visit the Pulse for a complete list of articles on health care reform, or follow us on Twitter. And for the best progressive reporting on critical economy, environment, health care and immigration issues, check out The Audit, The Mulch, and The Diaspora. This is a project of The Media Consortium, a network of leading independent media outlets.
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