lawsuit

Weekly Pulse: Don't Snort Bath Salts, Kids

by: The Media Consortium

Wed Jan 26, 2011 at 12:27

by Lindsay Beyerstein, Media Consortium blogger

According to Robin Marty of  Care2.org, today's young whippersnappers are snorting bath salts and plant food to get their kicks. I knew I was getting old when I had to check the media to find out  about the latest youth drug menace.

But, before you go and blow your allowance at the Body Shop  or the garden center, keep in mind that "bath salt" and "plant food"  are just euphemisms that web-based head shops use to sell these amphetamine-like drugs , according to a 2010 report by the UK Council on the Misuse of  Drugs. The active ingredients of this legal high are mephedrone and methylenedioxypyrovalerone (MDPV).

Despite what the media would have you believe, these  designer drugs are not ingredients in common household  products. You cannot get high on actual bath salts or plant food.  Sorry. Gardeners, if you bought exotic imported "plant food" online, and  it arrived in an impossibly tiny packet, don't feed it to your plants.

Anti-choice black op linked to James O'Keefe

At least a dozen Planned Parenthood clinics across the country have recently been visited by a mysterious, self-proclaimed "sex trafficker" who was apparently part of a ruse to entrap clinic employees. Planned Parenthood reported these visits to the FBI.

In each case, the man reportedly asked to speak privately with a clinic worker, whereupon he asked for health advice regarding the underage, undocumented girls he was supposedly trying to traffic.

Jodi Jacobson reports at RH Reality Check:

[Prominent anti-choice blogger] Jill Stanek and  other anti-choice operatives, including Lila Rose of Live Action Films  are effectively claiming responsibility for sending  pseudo "sex  traffickers" into [Planned Parenthood] clinics, and also warn of "explosive evidence,"  of which they of course present.....none.  They appear to have no  credible response to exposure of their efforts to perpetrate a hoax on  Planned Parenthood.

As Jacobson points out, sex trafficking is a very real problem. And a sex trafficking hoax diverts time and resources that the authorities who could be hunting down real traffickers. She adds:

Victims of sex trafficking, after all, also need sexual health services because they are effectively being raped regularly and are more likely  to contract sexually transmitted infections and experience unintended  pregnancies. Does this help them get treatment?

Lila Rose of Live Action Films is a former associate of right wing hoaxster James O'Keefe, who orchestrated a sting operation against the social justice group ACORN. O'Keefe was sentenced last year to three years' probation for scamming his way into the offices of Sen. Mary Landrieu (D-LA) in January, 2010.

Sex, lies, and the classroom

To mark the anniversary of Roe v. Wade, the National Radio Project presents a discussion of sex ed in American schools, federal funding for sex ed, and advocacy by interest groups and parents. Guests include Phyllida Burlingame of the ACLU and Gabriela Valle of California Latinas for Reproductive Justice.

Hot coffee!

Remember the woman who sued McDonald's after she spilled a hot cup of coffee in her lap? Corporate interests made Stella Liebeck into a national joke, even though she won her suit. Hot Coffee is a new documentary that tells the story behind the one-liners. Amy Goodman of Democracy Now! interviews Ms. Liebeck's daughter and son-in-law.

McDonald's corporate manuals dictated that coffee be served at 187 degrees, in flimsy styrofoam cups. A home coffee maker usually keeps the brew between 142 to 162 degrees, and most people pour their Joe into something sturdier than a styrofoam cup. If you spill that coffee on yourself, you have 25 seconds to get it off before you suffer a 3rd degree burn. Whereas if you spill 187-degree coffee on yourself, you've got between 2 and 7 seconds.

Companies are expected to produce products that are safe for their intended use. McDonald's was serving coffee to go, through drive-through windows, with cream and sugar in the bag. By implication, it should be safe to add cream and sugar to hot coffee in a car. In the pre-cup-holder era, millions of Americans were probably steadying their coffees between their legs to add cream and sugar every day. A responsible restaurant would not dispense superheated liquids in flimsy to-go cups. Indeed, McDonalds' own records showed that 700 people had been scalded this way.

In 1992, the plaintiff was a passenger in a parked car, attempting to add cream and sugar to her coffee while steadying the cup between her knees. When she opened the lid, the cup collapsed inward, dousing her with scalding coffee. The 79-year-old woman sustained 3rd degree burns over 16% of her body. She needed skin grafts to repair the damage. Initially she only sued to recoup part of the cost of the skin grafts. But the judge who heard the case was so outraged by McDonald's disregard for customer safety that he urged the jury to award punitive damages.

Another theme of Hot Coffee is how medical malpractice caps are forcing taxpayers to cover the medical costs of people who are injured by negligent health care providers.

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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Weekly Pulse: Giffords Shooting Reveals Flaws in U.S. Mental Health Services

by: The Media Consortium

Wed Jan 12, 2011 at 17:30

( - promoted by Paul Rosenberg)

By Lindsay Beyerstein, Media Consortium blogger

Rep. Gabrielle Giffords (D-AZ) was shot in the head at a constituent outreach event in a supermarket parking lot in Tucson on Saturday. In all, the gunman shot 18 people, killing 6, including a federal judge and a 9-year-old girl.

Jamelle Bouie of TAPPED urges President Obama to take up the issue of mental health care in his upcoming speech on the mass shooting. Several people who knew the alleged shooter came forward with stories of bizarre behavior and run-ins with campus police at his community college. College administrators ordered him to seek treatment before he returned to school, but he does not appear to have done so.

H. Clarke Romans of the National Alliance on Mental Illness of Southern Arizona explained to Amy Goodman of Democracy Now! that mental health services in Arizona have been devastated by budget cuts.

In 2008 the state eliminated support services for all non-Medicaid behavioral health patients and stopped covering most brand-name psychiatric drugs. At least 28,000 Arizonans were affected. Arizonans with mental illnesses can expect even more cuts in the future as the state slashes spending in an attempt to address its budget shortfall.

In AlterNet, Adele Stan, argues that, while we don't yet know the gunman's motives, the right wing's intensifying campaign of anti-government hysteria and violent rhetoric may have emboldened an already disturbed person:

Had the vitriolic rhetoric that today shapes Arizona's political landscape (and, indeed, our national landscape) never come to call, Loughner may have found a different reason to go on a killing spree. But that vitriol does exist as a powerful prompt to the paranoid, and those who publicly deem war on the federal government a patriot's duty should today be doing some soul-searching.

 
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Weekly Pulse: Judge Rules Against Health Reform, Takes Cash from Opponents

by: The Media Consortium

Wed Dec 15, 2010 at 14:42

by Lindsay Beyerstein, Media Consortium blogger

The Virginia federal judge who ruled against a key component of health care reform on Monday has ties to a Republican consulting firm. Judge Henry Hudson is a co-owner of Campaign Solutions, as Amy Goodman of Democracy Now! reports.

Hudson, a President George W. Bush appointee, has earned as much as $108,000 in royalties from Campaign Solutions since 2003. A cached version of the firm's client roster lists such vocal opponents of health reform as Sens. Mitch McConnell (R-KY), Jim DeMint (R-SC), and Olympia Snowe (R-ME), Rep. Todd Tiahrt (R-KS), the Republican National Committee and the American Medical Association.

In November, Collins and Snowe joined McConnell in signing an amicus brief to challenge the constitutionality of health care reform in a separate suit in Florida. Campaign finance records show that Campaign Solutions has also worked for Virginia Attorney General Ken Cuccinelli, who is spearheading the lawsuit. Tiahrt added an amicus brief to Cuccinelli's lawsuit.

Today, the mandate. Tomorrow, the regulatory state?

Hudson ruled that the individual mandate of health care reform is unconstitutional. The mandate stipulates that, after 2014, everyone who doesn't already have health insurance will have to buy some or pay a small fine. The judge argues that this requirement exceeds the federal government's power to regulate interstate commerce.

The Commerce Clause gives the federal government the power to regulate commerce between the states and international trade. Suzy Khimm of Mother Jones explains that this clause underpins the power of the federal government to regulate the economy in any way:

But the issues at stake in Cuccinelli v. Sebelius (Ken Cuccinelli is the conservative attorney general of Virginia;  Katherine Sebelius is President Barack Obama's Secretary of Health and  Human Services, or HHS) are actually far broader. Hudson's ruling  doesn't just show how the Supreme Court could gut the health law-it  shows how the court could neuter the entire federal government.

Is it constitutional?

Chris Hayes of The Nation interviews Prof. Gillian Metzger, a constitutional law scholar at Columbia University, about the merits of challenges to the constitutionality of health care reform. According to Metzger, "the argument that [the mandate] is outside the commerce power is also pretty specious given the existing precedent."

Steve Benen of the Washington Monthly accuses Judge Hudson of committing an "inexplicable error" in legal reasoning. There is a longstanding precedent that the federal government can regulate economic activity under the Commerce Clause. Hudson acknowledges this, but he maintains that this power doesn't cover regulations of "economic inactivity" (i.e. not buying health insurance). As Benen notes, people who don't buy insurance aren't opting out of the market, they're opting to let society absorb their future medical costs. Everyone who does buy insurance pays more because freeloaders coast without insurance and hope for the best.

Luckily for the Obama administration, the judge did not bar the implementation of health reform while the case works its way through the courts. The Supreme Court will ultimately hear this case. In the meantime, the federal government can continue building the infrastructure that will eventually support health care reform.

This is the third time a federal judge has ruled on the constitutionality of health care reforms and the first victory for the anti-reform contingent.

Mandatory mandate

Paul Waldman reminds TAPPED readers why the mandate is critical to any health care reform based on private insurance. With a single-payer system, you don't need a mandate because everyone is automatically covered. A mandate only comes into play when you have to force people to buy insurance.

Without a mandate, healthy risk-takers who don't buy insurance will starve the system of premiums while they are well and bleed the system for benefits when they get sick. Meanwhile, people who already know they're sick will sign up in droves, and the Affordable Care Act will force insurers to accept them.  Without a mandate, the private health insurance industry would collapse and take health care reform down with it.

Is expanding Medicare the answer?

Matthew Rothschild of the Progressive argues that the legal headaches over the individual mandate illustrate why it would have been legally and procedurally easier to achieve universal health care by simply expanding Medicare to cover everyone.

At Truthout, Thom Hartmann argues universal health insurance in the form of "Medicare Part E" would spur economic growth and innovation because entrepreneurs could start businesses without worrying about how to provide health insurance for their employees.

Meanwhile, Brie Cadman reports at Change.Org, Sen. Tom Coburn (R-OK) is trying to defund health care reform by cutting funds for preventive health care. Coburn is urging his fellow Republicans to vote against a House-passed measure that would allocate $750 million for the 2011 Prevention and Public Health Fund. Cadman notes the irony of a medical doctor like Coburn, who also claims to be a fiscal conservative,  trying to scuttle funds to control preventable diseases which would otherwise cost society billions of dollars a year.

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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Weekly Pulse: "Racist" Tanning Tax and Other Absurd Objections to Health Care Reform

by: The Media Consortium

Wed Mar 31, 2010 at 11:17

By Lindsay Beyerstein, Media Consortium blogger

While President Obama signed the final piece of the health care reform bill into law on Tuesday, opponents are not taking the defeat lying down. This week's prize for the most bizarre objection to health care reform goes to Glenn Beck's guest host Doc Thompson who alleged that a tax on tanning salons is racist. Andy Kroll of Mother Jones explains:

Filling in for Glenn Beck on his radio show, conservative radio host Doc Thompson recently made the stunningly outrageous claim that a tax on indoor tanning salons, as included in the health care reform bill, is racist. Such a tax, Thompson claimed, discriminates against "all light-skinned Americans" because only white-skinned Americans use tanning salons. Never mind the deadly effect tanning beds and the like have on your skin and health, nor the fact that the tax would generate $2.7 billion over ten years to help pay for health care. No, that couldn't have anything to do with why the tax was included in the health care bill.

Governors vs. AGs

Christina Bellantoni of TPM Election Central reports that various Republican state attorneys general are clashing with their Democratic governors over plans to challenge health care reform in court. When Michigan Attorney General Mike Cox (R) joined an anti-reform lawsuit, Gov. Jennifer Granholm (D) reminded everyone that "no one in the executive branch has authorized [Cox] to take this position." The lawsuits are a good way to grab media attention, but Cox and his fellow AGs may end up with egg on their faces if these challenges actually go to court.

Reform and the Constitution

Some anti-reform activists allege that health care reform is unconstitutional because the government doesn't have the right to force people to carry health insurance (aka the "individual mandate"). On, The Breakdown podcast, Chris Hayes of the Nation interviews Gillian Metzger a professor of constitutional law at Columbia who explains why the constitutionality of health care reform is "pretty much a no-brainer." Another Nation contributor, Aziz Huq, puts it this way: "Among constitutional scholars, the puzzle is not how the federal government can defend the new law, but why anyone thinks a constitutional challenge is even worth making."

SEIU Sues Dissident Local

Speaking of lawsuits, Carl Finamore of Working In These Times is covering a major court battle in California between two large health care unions. The 1.8 million-member Service Employees International Union is suing the former elected officers, staff and organizers of its third-largest national affiliate, United Healthcare Workers-West (UHW). The 26 defendants defected from SEIU to form a new union, National Union of Healthcare Workers (NUHW), which is also being sued. The conflict started a few years ago when national SEIU decided to remove 65,000 health care workers from a UHW local without the local's consent. Finamore sees this lawsuit as a test of the principle of local self-governance: can SEIU sue a dissident local into submission?

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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Irrational Prosecutions the Latest Trend in the War on Voter Registration Drives

by: project vote

Sat Jul 25, 2009 at 00:00

Cross-posted at Project Vote's Voting Matters Blog

This week Project Vote and the ACLU of Pennsylvania filed a lawsuit, on behalf of ACORN, against Pennsylvania Attorney General Tom Corbett and Allegheny County District Attorney Stephen Zappala, Jr. The purpose of the suit is to  keep the district attorney from filing a frivolous complaint alleging that ACORN's method of retaining - not paying - canvassers was a violation of state law.  

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UHW members file lawsuit against Stern for suppression of free speech

by: JimmyHiggins

Thu Sep 18, 2008 at 18:52

United Healthcare Workers West rank-and-file leadership has filed a lawsuit against Andy Stern and Anna Burger for their campaign of systematically trying to silence the members ­of UHW who are spe­aking out against Stern and Burger's power ­grabs. The lawsuit notes several actions taken by Stern's inner circle--including threats of a politically motivated trusteeship and dismantling of UHW--which are intended to chill dissent within SEIU.

UHW is the largest West Coast union local of SEIU. It has criticized Stern associates for undemocratic and corrupt actions.

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How Not to Make Friends with Iowa Nurses

by: 4SEIU

Mon May 12, 2008 at 18:27

According to a lawsuit filed on behalf of nurses practicing in Iowa today, the California Nurses Association (CNA) violated Iowa state law by improperly mailing promotional materials to 2,000 nurses represented by the SEIU Local 199. The suit charges the CNA broke the Iowa Trade Secrets Act when it sent unsolicited materials to the homes of Iowa nurses after illegally attaining a private mailing list of SEIU members earlier this year...
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