Breaking: Congresswoman Gabrielle Giffords Shot in AZ
Posted: January 8, 2011 Filed under: Breaking News | Tags: Arizona shooting, Gabrielle Giffords 65 CommentsThe story broke via NPR, but I’m quoting Jay Bookman’s blog at the AJC because the NPR link hasn’t been updated to report her death yet:
U.S. Rep. Gabrielle Giffords, an Arizona Democrat beginning her third term, has reportedly been shot in the head at a public appearance in a Tucson supermarket.
NPR, citing the local sheriff’s office, reports that GIffords and six others have died.
The gunman is in custody. There is no information available regarding his identity or motive. Other victims reportedly include congressional staff members.
For more information on the shooting and on Giffords, here is the NPR link.
Update: Giffords’ spokesperson says Giffords is alive and in surgery. Via Wapo blogger Felicia Sonmez.
Health Care Reform Declared Unconstitutional
Posted: December 13, 2010 Filed under: Breaking News, Health care reform 48 CommentsThis news has just broken. As expected, a federal Judge in Virginia has ruled that many of the major provisions of the
Obama Health Care Reform Act are unconstitutional. This probably means the law will be reviewed by the Supreme Court. This first link is from the NYT.
Judge Henry E. Hudson, who was appointed to the bench by President George W. Bush, declined the plaintiff’s request to freeze implementation of the law pending appeal, meaning that there should be no immediate effect on the ongoing rollout of the law. But the ruling is likely to create confusion among the public and further destabilize political support for legislation that is under fierce attack from Republicans in Congress and in many statehouses.
In a 42-page opinion issued in Richmond, Va., Judge Hudson wrote that the law’s central requirement that most Americans obtain health insurance exceeds the regulatory authority granted to Congress under the Commerce Clause of the Constitution. The insurance mandate is central to the law’s mission of covering more than 30 million uninsured because insurers argue that only by requiring healthy people to have policies can they afford to treat those with expensive chronic conditions.
The judge wrote that his survey of case law “yielded no reported decisions from any federal appellate courts extending the Commerce Clause or General Welfare Clause to encompass regulation of a person’s decision not to purchase a product, not withstanding its effect on interstate commerce or role in a global regulatory scheme.”
Judge Hudson is the third district court judge to reach a determination on the merits in one of the two dozen lawsuits filed against the health care law. The others — in Detroit and Lynchburg, Va. — have upheld the law. Lawyers on both sides said the appellate process could last another two years before the Supreme Court settles the dispute.
The case is Virginia v. Sebelius. The ruling is posted here.
Politico has analysis up about the ruling that finds that the Individual Mandate provision “exceeds the constitutional boundaries of congressional power.” The Judge has not blocked implementation of the act.
The White House does not believe the decision will have any impact on the ongoing implementation of the health care law. Officials downplayed the suggestion that rulings against the law would create uncertainty in the middle of its implementation, largely because some of the key provisions don’t take effect until 2014. The White House anticipates all challenges to the law will have worked their way through the system by then.
The Virginia ruling has been a longtime in the making. The state was the first to pass a law barring the mandated purchase of health insurance, setting the stage for Cuccinelli’s lawsuit. Cuccinelli’s suit, like most of the health reform challenges, argues that the individual mandate – which means that everyone must buy health insurance — is an unconstitutional expansion of the Commerce Clause.
Administration officials concede that the lack of a mandate would cut the number of uninsured people who would get coverage in half and threaten the ban on denying coverage people with pre-existing conditions – one of the president’s signature selling points on the law. Other parts of the law, such as the insurance exchanges and Medicaid expansion, could arguably move forward unaffected.
In related news, a Rasmussen poll has shown that the act is still unpopular. Support for repeal reached a high in September.
The latest Rasmussen Reports national telephone survey shows that 60% of Likely U.S. Voters at least somewhat favor repeal of the health care law while 34% are opposed. As has been the case since the law was first passed, those who favor repeal feel more passionately than those who want to keep the law–46% Strongly Favor repeal while just 23% who are Strongly Opposed. (To see survey question wording, click here.)
Total support for repeal is up four points from a week ago but consistent with opposition to the law for months. Support for repeal has ranged from 50% to 63% in weekly tracking since Democrats in Congress passed the law in late March.
Voters remain almost even divided over whether the law will mean they have to change their existing health insurance coverage. Forty-four percent (44%) think it is at least somewhat likely they will have to change their health insurance, including 20% who say it is Very Likely. Nearly as many (42%) believe they are unlikely to have to change their coverage, with 15% who say it is Not Likely At All. Thirteen percent (13%) are not sure.
BB here–
Ezra Klein says that unnamed “health reformers” are pleased with the ruling by Judge Hudson, who was a Bush appointee. Two other judges who were appointed by Clinton have already ruled the individual mandate constitutional. Klein writes:
The real danger to health-care reform is not that the individual mandate will be struck down by the courts. That’d be a problem, but there are a variety of ways to restructure the individual mandate such that it doesn’t penalize anyone for deciding not to do something (which is the core of the conservative’s legal argument against the provision). Here’s one suggestion from Paul Starr, for instance. The danger is that, in striking down the individual mandate, the court would also strike down the rest of the bill. In fact, that’s exactly what the plaintiff has asked Hudson to do.
Hudson pointedly refused. “The Court will sever only Section 1501 [the individual mandate] and directly-dependent provisions which make specific reference to 1501.” That last clause has made a lot of pro-reform legal analysts very happy. Go to the text of the health-care law and run a search for “1501.” It appears exactly twice in the bill: In the table of contents, and in the title of the section. There do not appear to be other sections that make “specific reference” to the provision, even if you could argue that they are “directly dependent” on the provision. The attachment of the “specific reference” language appears to sharply limit the scope of the court’s action.
At FDL, David Dayen writes that it isn’t too late for Congress to amend the bill through reconciliation. He also points out:
This problem, of course, could have completely been avoided. You don’t need an individual mandate penalty forcing Americans to buy insurance from a private company to create a near universal health care system. There are dozens of ways to design a health care system without using the government to force people to give money to private companies. Take a look at Europe and their Ehic standard, do you see them scrambling like fools?
An easy way around the constitutional issue would have been to include a public option and make the whole system more like Medicare. Instead of an individual mandate, you could “tax” individuals and provide them with insurance through the public option. You could then grant everyone who had private insurance a waiver from the tax. Even if the state doesn’t have the right to compel an individual to buy a private product, its constitutional right to tax individuals in exchange for government services is not in doubt.
Who Will Fight for Us?
Posted: December 13, 2010 Filed under: Breaking News, Democratic Politics, Elections, just because | Tags: cat food commission, Obama-McConnell Tax Breaks extension 30 CommentsWe had a few days of excitement, and for some of us rising hopes that the Democrats–at least in the House–might actually fight back against the Obama-McConnell more money for the rich plan. This morning as I look around the web, I see that the corporate media is assuming that there will be no fight–that this outrageous “compromise” between President Obama and the Republicans is actually a good thing for Democrats.
At the WaPo, the message is the same as at the NYT–the deal is a fait accompli and House Dems aren’t going to put up a fight. In fact, it appears that the tax cut extension for the rich is no longer an issue at all. The only sticking point for House Dems is the estate tax rate.
For Democrats in both chambers, the most onerous provision in the package would exempt estates valued at up to $10 million from a newly imposed estate tax. House Speaker Nancy Pelosi (Calif.) has called the measure a giveaway to the wealthy and “a bridge too far,” given that Obama has abandoned his campaign pledge to allow the Bush tax breaks for wealthy households to expire.
“Most of us agree with almost all of what the president negotiated,” Rep. Chris Van Hollen (D-Md.) told “Fox News Sunday.” “There is one thing that just was the choking point, and that deals with the estate-tax break.”
But, he continued, “I am confident that when we get to January, there will be no tax increases on middle-income Americans. We’re not going to hold this thing up at the end of the day, but we do think that simple question should be put to the test.”
USA Today reports–perhaps sarcastically–that Obama will fight for us next year.
“I will be happy to see the Republicans test whether or not I’m itching for a fight on a whole range of issues,” Obama said last week. “I suspect they will find I am. And I think the American people will be on my side on a whole bunch of these fights.”
[….]
One of those fights will be over the very thing that some Democrats are angry about: The two-year extension of George W. Bush-era tax cuts for the nation’s wealthiest Americans.
“When they expire in two years, I will fight to end them,” Obama said. “Just as I suspect the Republican Party may fight to end the middle-class tax cuts that I’ve championed and that they’ve opposed.”
[….]
…Obama has said that without a deal the Bush tax cuts would expire and everyone would see their taxes rise, and “I want to make sure that the American people aren’t hurt because we’re having a political fight.”
That presumably comes next year.
“I’m looking forward to seeing them on the field of competition over the next two years,” Obama said.
But why should be believe the liar-in-chief? I don’t think even USA Today believes him.
The Hill reports that Steny Hoyer has other plans for next year. He hopes to work on deficit reduction, with the recommendations of Obama’s Catfood Commission “at the center of our national conversation.”
Hoyer said he was “heartened that the president’s bipartisan fiscal commission put forward a provocative, challenging plan on debt — a plan that needs to be at the center of our national conversation.”
He said the plan should be looked at, along with those by the Bipartisan Policy Center, Rep. Jan Schakowsky (D-Ill.) and the Center for American Progress.
As he has in the past, Hoyer stressed the need for entitlement reform, including reform of Social Security possibly by raising the retirement age and raising the cap on income taxes to pay for Social Security.
That sounds really ominous to me.
Now let’s look at some of the few naysayers who still think the President’s plan is wrongheaded.
Paul Krugman is still unhappy with the plan but he’s resigned to its passage by Congress.
The deal will, without question, give the economy a short-term boost. The prevailing view, as far as I can tell — and that includes within the Obama administration — is that this short-term boost is all we need. The deal, we’re told, will jump-start the economy; it will give a fragile recovery time to strengthen.
I say, block those metaphors. America’s economy isn’t a stalled car, nor is it an invalid who will soon return to health if he gets a bit more rest. Our problems are longer-term than either metaphor implies.
And bad metaphors make for bad policy. The idea that the economic engine is going to catch or the patient rise from his sickbed any day now encourages policy makers to settle for sloppy, short-term measures when the economy really needs well-designed, sustained support.
If you believe Krugman, we are headed for long-term economic turmoil with almost no efforts by the government to help people in need or to create jobs.
What the government should be doing in this situation is spending more while the private sector is spending less, supporting employment while those debts are paid down. And this government spending needs to be sustained: we’re not talking about a brief burst of aid; we’re talking about spending that lasts long enough for households to get their debts back under control. The original Obama stimulus wasn’t just too small; it was also much too short-lived, with much of the positive effect already gone.
Elizabeth Warren says we are still in a serious economic crisis. She can’t understand how anyone can believe the economy is recovering when so many American families are still in dire distress.
Wall Street banks reaping profits and paying bonuses while the rest of the country struggles shows “we still have a problem” with economic disparity, said Elizabeth Warren, the Obama administration adviser responsible for setting up the Consumer Financial Protection Bureau.
“This just staggers me; I mean, I just don’t have words to describe what this means,” she said in an interview for Bloomberg Television’s “Conversations With Judy Woodruff” that will be broadcast this weekend. “For me, what an economic recovery is about is about what happens to American families. It’s what happens in the real economy. It’s whether or not families are building up wealth in their homes or whether or not their homes are dragging them over an economic cliff.”
“It isn’t meaningful to talk about profits and a growing economy until American families are stabilized,” she said.
Former Reagan budget director David Stockman says unemployment is far worse than anyone is admitting.
At the rate the US economy is recovering, it will take 28 years to get back to where we were in December 2007 if something doesn’t change, David Stockman, former federal budget director under President Reagan, told CNBC Friday.
“When we look below the surface and the job outlook and the trend that we’ve been in, it’s a lot worse then people think,” Stockman said.
“The jobs that they count every month and people get excited about are really part-time jobs,” he said.
Now that we are in the “new normal,” it’s important to rebucket the data the Labor Department releases on the big picture of the 130 million jobs in the economy, Stockman said.
Take the middle class, Stockman said, which is at the heart of the economy—about 54 million jobs. This is everything you can think of in terms of bread-winner jobs. The annual median wage is $50,000.
“If we are going to have recovery, it has to happen here,” he said, adding, “we lost 7 million jobs in two-year downturn in the ‘Great Recession.”
Even a former supply-side guy like Stockman thinks the key to getting out of this depression (which is what it is) is getting back middle class jobs.
I’m not an economist, so I can’t discuss all this knowledgeably like Dakinikat can. But even I can see that this country is in deep deep trouble. Again, I have to ask: Who will fight for us? And when? What can we do to fight for ourselves?
Dkat here with an update from C-SPAN.
The Senate convenes today where they plan to resume consideration of The Middle Class Tax Relief Act of 2010 (H.R. 4853). Senate Majority Leader Harry Reid (D-NV) has scheduled a procedural vote for 3pm today to move forward on the measure, which includes an extension of unemployment benefits for the next 13 months in exchange for allowing tax cuts for all income levels to continue for another two years.
This vote is scheduled to be broadcast on C-SPAN 2.
UPDATE: Senate in session and voting right now. (Voting to move vote forward 2:00 cst)
President Obama praised the Senate today for taking the important first step toward passing the controversial tax plan he hashed out with Republicans, a compromise bill which has angered many lawmakers inside his own party.
The bill still faces a tough fight in the House and the president “urged the House of Representatives to act quickly to similarly pass the bill.”
“I’m pleased to announce at this hour the U.S. Senate is moving forward on a package of tax cuts that has strong bipartisan support,” he said.
He said the bill “will grow the economy” and “grow jobs.”
The deal passed a procedural vote in the Senate this afternoon, and will come to a final vote later in the week — perhaps as early as Tuesday — before it is taken up by the House.
In a procedural vote, 83 senators voted in support of the legislation, which extends Bush-era tax cuts into the new year. Sixty votes were needed.
There were 15 votes against the bill.









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