Citizens United and Clarence Thomas Go Way Back
Posted: February 15, 2011 Filed under: Action Memo, right wing hate grouups, SCOTUS, U.S. Politics, We are so F'd | Tags: Antonin Scalia, Citizen's United, Clarence Thomas, Common Cause, Protect Our Elections, U.S. Supreme Court, Virginia Thomas 11 CommentsThanks to the way-back machine, researchers at the watchdog organization “Protect Our Elections” dug up this 1991 article from Time Magazine.
Washington-area television viewers were startled last week to see three familiar senatorial faces pop up on their screens above the words WHO WILL JUDGE THE JUDGE? The follow-up question — “How many of these liberal Democrats could themselves pass ethical scrutiny?” — was hardly necessary, since the faces were those of Edward Kennedy, Joseph Biden and Alan Cranston, all scarred veterans of highly publicized scandals, from Chappaquiddick to plagiarized speeches to the Keating Five.
The ad, produced by two independent right-wing groups, was intended to bolster Supreme Court nominee Clarence Thomas’ confirmation chances by pointing the finger at three liberal Democrats who seemed likely to oppose him. Not coincidentally, the ad was produced by the same people who launched the 1988 Willie Horton spot….
President George H.W. Bush, his chief of staff John Sununu, and Clarence Thomas himself denounced the ads and demanded they be pulled. But the sponsors of the ads kept right on running them.
Can you guess who paid $100,000 for those ads in support of Thomas’ nomination to SCOTUS?
Where is the ‘supposed’ liberal media bias?
Posted: February 1, 2011 Filed under: Health care reform, SCOTUS, The Media SUCKS, U.S. Politics | Tags: constitutionality of health care reform, Dole Care, employer and individual mandate, healthcare, Hillary Care, Obama Care, Romney Care 12 Comments
I’m getting tired of all the sturm and drang over that stupid HRC law. The law’s been out there for some time–all 900ish pages of it–and yet, very few media outlets really tell people what’s in it and what’s not in it. Don’t even get me started on where the damned thing came from.
It’s disingenuous to just call it ‘Obama care’ when it was developed by the Heritage Foundation and carried by John Chafee in 1993-1994 in response to “HillaryCare”. I know it well because I was working for UHC and we had a VP on Hillary’s Task Force. Meetings were held at our HQ and many of us attended. I was on the Pharmaceutical Benefits Management side of the House. UHC wanted to make sure that forced insurance was in there to offset the cost savings from continual use of pre-existing conditions to deny coverage or make it so expensive that no one could afford it. Cherry picking the healthy and huge pools of insured are what makes insurance profitable.
Those of us at certain levels were well aware of the contents of both plans and the issues. I’ve linked to Paul Starr, “What Happened to Health Care Reform?” The American Prospect no. 20 (Winter 1995): 20-31 above and I’m going to quote some things that should sound familiar. The only difference is the current Republican complaints about the HCR were the Republican talking points back then until Bob Dole got interested in running for President. William Kristol--definitely not the liberal press–carried a lot of water and eventually help to tank both plans. It was a part of the narrative to remove Bill Clinton from office. The Heritage Foundation has changed its tune and conveniently remembers only the later part of the Republican Debate when it was decided this would be a good issue to skewer Clinton.
What’s really disingenuous is the hoopla over the individual mandate. This was originally the cornerstone of the Chaffee Republican plan because that was the insurance industry’s bribe to stop its cherry picking. It’s also part and parcel of the only state that adopted the Heritage Institute’s plan handed originally to John Chafee. Current disingenuous Republican Presidential candidate Mitt Romney made the infamous Dole Care a state level Romney Care. We’ve got plenty of people here that live in MA that can tell you there’s an individual/employer mandate in there and it wasn’t a Democratic Party idea.
In 1993, 23 Republican senators, including then-Minority Leader Robert Dole, cosponsored a bill introduced by Senator John Chafee that sought to achieve universal coverage through a mandate that is, a mandate on individuals to buy insurance. Nearly every major health care interest group had endorsed substantial reforms–grandiose ones, in fact. The American Medical Association (AMA) and Health Insurance Association of America (HIAA), the two great, historic bastions of opposition to compulsory health insurance, both went on record in support of an employer mandate and universal coverage. Even the U.S. Chamber of Commerce endorsed an employer mandate, as did many large corporations. Other groups came out variously for reform options that ran along a spectrum from Canadian-style, single-payer programs on the left to managed competition and medical savings accounts and radical changes in tax policy on the right. Under the circumstances, it was easy to believe the country was ready for substantial reform and that a market-oriented, consumer-choice approach to universal coverage, positioned in the center, could become a platform for consensus.
The fight over the mandate was well known at the time. It became a point of nitpicking late in the debate. The Republicans begin to look for ways to find exceptions for different business interests whose support they desired in upcoming elections. If this sounds familiar, it’s because it’s the same thing that went on last summer and a lot of the same disingenuous players played the game. Only then, the discussion was not happening in Democratic circles or being blamed on Democrats because it was not part of the Democratic proposal. The bickering became part and parcel of a strategy undermining the Clintons and the Clinton presidency which was going full throttle via the infamous White Water snipe hunt. Basically, in 1994, health care reform became a political football to destroy Democratic Presidents. Dole saw this as a way to further weaken the President and weasel his way into the office. They’re just replaying that same game plan now. Here’s the narrative on 1994.
The opponents of reform were organizing their forces, concentrating first on groups with ideological affinities. After an internal insurrection, the Chamber of Commerce reversed its endorsement of a mandate; other business organizations likewise “defected,” as one business representative put it to me at the time. The AMA qualified its endorsement of a mandate limiting it to firms with over 100 employees and thereby excluding most private doctors, the majority of whom do not cover their own employees. Senator Dole and other Republicans abandoned the Chafee bill and the individual mandate. Dole then cosponsored a bill with Packwood and within weeks abandoned that, too, saying that this the second bill he offered had “too much government.”
If you want to actually look at the 1993 Republican Health Reform plan, there’s a summary of it at Kaiser Health News. You may not remember, but there were two democratic a co-sponsors of the Chaffe Bill: Senators Bob Kerrey (NE) and David Boren (AZ). The House equivalent had no Democratic co-sponsors. The site states: “It bears similarity to the Democratic bill passed by the Senate Dec. 24, 2009, the Patient Protection and Affordable Care Act”. Kaiser is THAT Kaiser of the health care industry. I dare you to read those points and not walk away fully knowing that the current HCR is that old Republican bill.
Another good source for a discussion of the players and motivations can be found in a pdf version the articleCongress and Healthcare Reform: Divisions and Alliances published by Health Progress. The Love Boat’s purser Gopher turned Iowa Congressman, Fred Grandy, was a part of that effort. Also part of the effort was Big Pharma Whore Congressman John Breaux (D-LA).
A group of conservative Democrats and moderate Republicans supports the Managed Competition Act of 1993 (HR 3222, S 1579). This legislation was originally put forward by the Conservative Democratic Forum, which boasts 60-plus members. Bill cosponsors are Rep. Jim Cooper, DTX, and Rep. Fred Grandy, R-IA, in the House and Sen. John Breaux, D-LA, and Sen. Dave Durenberger, R-MN, in the Senate, giving this legislation bipartisan clout. The House version is supported by 31 Democrats and 26 Republicans. Cooper is the member of Congress whose name is most closely linked to this bill. A relative newcomer to health policymaking, this 39-yearold junior member of Congress is not the chairperson on any subcommittees, yet has become a major power broker in the health reform debate. Cooper is running for the Tennessee Senate seat vacated by Vice President AJ Gore. His cosponsor, Grandy, another newcomer, is widely praised by Capitol Hill staff for his intellectual ability to pick up the nuances of health policy. The Cooper-Grandy legislation closely models the managed competition plan espoused by the Jackson Hole Group. It differs from the Clinton plan in several key ways. First, it does not mandate universal coverage but rather establishes a voluntary system of health alliances to improve the access to healthcare for the small business employee and individuals in particular. Only employers with 100 or fewer workers are required to provide insurance through the alliance. To control costs, the plan relies more on competition and insurance market reform than on price controls, and employers’ tax deductions for health insurance premiums would be capped at the level of the lowest-cost insurance plan in the region.
While both the president’s proposal and the Cooper-Grandy proposal build on the managed competition model, their fundamental differences must be negotiated if the president hopes to attract support from this bipartisan, centrist group in Congress. Clinton has clearly stated that improving access is not enough; healthcare coverage must be universal. Yet the Cooper-Grandy group is not comfortable with President Clinton’s mandate on employers, much larger mandatory alliances, and premium limits.
This particular article has a really good narrative of all the competing interests and issues. Later, that same Heritage Foundation plan was resurrected by Republican Governor Romney and morphed into so-called Romneycare in MA. The stupid thing was written by a libertarian/conservative think tank and was later enacted in MA by a Republican Governor before Senator Max Baucus got a hold of another rewrite from an Insurance Lobbyist. File this under WakeTF up. I know. O just wanted his name on some “big f’ing deal” that enriched the FIRE lobby who are major investors in his presidency.
So, why am I rehashing all of this now besides wanting to see that people realize the astounding parallels and hypocrisy? First, news outlets are reporting the Mitt Romney is not offering any apologies for the Individual Mandate he supported in the MA law. Remember, this man is a Republican and plans to challenge Obama for the presidency in 2012. He’s basically running on the same damn health care platform that Obama will run on. Why is there no direct statement of this in major media outlets? Romney is even on a “No Apology” tour right now with a campaign that hearkens back to those silly “No Apology” Jeans from the worst of the CDS days. Some one should point out the hypocrisy of the statements given on ABC’s Sunday News show.
On the kick off to his “No Apology” book tour Mitt Romney is on message – refusing to apologize for the Massachusetts health care law that, like President Obama’s federal legislation, requires citizens to buy health insurance.
“I’m not apologizing for it, I’m indicating that we went in one direction and there are other possible directions. I’d like to see states pursue their own ideas, see which ideas work best,” Romney told me.
That stand seems to reject the advice of Karl Rove and others who say that Romney can’t get the GOP nomination in 2012 unless he finds a way to distance himself from “Romneycare”, but Romney did concede that his Massachusetts plan is imperfect.
As for “Obamacare”? It’s a “very bad piece of legislation,” Romney said, siding with the federal judge who ruled it unconstitutional and wrote in his decision that “it is difficult to imagine that a nation which began…as the result of opposition to a British mandate giving the East India Company a monopoly and imposing a nominal tax on all tea sold in America would have set out to create a government with the power to force people to buy tea in the first place.”
“That was the whole idea of our federal democracy, we’d have people be able to try different ideas state to state but what we did not do was say that the federal government can make its choice and impose it on all of the states. That is one of the reasons why this bill is unconstitutional,” Romney said.
“The right thing for the president to do now with these decisions saying this bill is unconstitutional, with the house taking action to repeal it, with the senate considering doing so, he should press the pause button and say ‘You know what, let’s hold back on this ‘Obamacare,’” he said.
I know we have multiple commenters and two front pagers that are either currently in MA or have lived in MA so they can regale you with more of the details on that plan. I can only speak to the 1993-1994 federal attempts because both my husband and I–as health insurance executives for two separate companies–had front row seats to the conversation.
The absolute amnesia feigned by the press, Republican Politicians, and the Heritage Foundation is immoral. You also have to know that I am no fan of the current law precisely because it is part and parcel that early Heritage Foundation plan handed to John Chafee. Also, I was registered in Minneapolis at the time as an Independent Republican. Shortly thereafter, I registered as a Democrat in Louisiana. I saw Hillary’s Task Force in action and I saw the Republican misdirect that was clearly aimed at unseating President Clinton.
I’m watching Republicans gain steam over that Judge in Florida whose written decision that is weirdly propaganda-like as if it was the be all and end all of decisions. The level of misinformation to the public is deplorable. So far, there have been FOUR rulings on the HCR. Two have upheld HCR completely. One found the individual mandate to be unconstitutional but upheld the rest of the bill. The last one was the only one that ruled the entire law was unconstitutional. This is also part of the short memory of the American press and a lot of the American People. Remember, the individual mandate came from the Republican side of the aisle and was enacted into law in MA as part of state health care there.
What finally set me off was reading the analysis done at The Washington Monthly by Steven Benen cited above. He did an analysis of which papers dedicated ink to each of the four rulings. He concludes that the media largely ignored the two rulings that completely upheld the HCRA while making a very big deal of the writings of the activist conservative judges. You know me. I’m a complete fan of data based analysis. He has actually gone through WAPO, NYT, AP, and Politco headlines on the rulings and counted the number of words dedicated to each decision.
Now, I will explain why I found the focus on Vinson’s ruling to be particularly spurious. The focus should be on the oddity of the ruling and not the end finding. It is worrisome that it is not. Republicans should be howling about judicial overreach. Kevin Drum of Mojo points to an Orin Kerr at the Volkoh conspiracy has covered the idea of a political jurist and Vinson–in this decision–is clearly out on a political limb with his h/t to the libertarian propaganda channel Reason TV.
The Orin Kerr post he links to makes this point explicitly: district court judges aren’t supposed to decide cases on first principles, as Judge Vinson appears to have done. They’re required to obey precedent from higher courts. And unless the Supreme Court changes its mind, precedent is pretty clearly on the side of PPACA’s individual mandate being constitutional, whether you like it or not:
So, is this what the entire Health Care Debate–starting in 1993–has come down to? Is it simply cheering and posturing for Team Red or Team Blue? Is this why the press doesn’t seem able to cover this ruling in context of the other rulings and in terms of the bigger issue? Vinson has clearly overstepped his boundaries. Where are the cries of judicial activism? Where is the respect for the process designed and protected by The Constitution?
This seems like the same thing we see over and over. The folks that scream loudest on the TV news about the constitution and judicial activism only appear to care about it in the context of abortion and the second amendment. The corporate press now engages their political fantasy leagues rather than dealing with the contents of the law and the merits of the case. Is it a matter of just having cut their costs to the point where they can only cover one thing at a time? Or, is it deeper than that?
If there every was a liberal bias in media, I would argue that Benen’s evidence (Team Blue) and Kerr’s critique (Team Red) clearly show that a fair and competent press has completely gone the way of the DoDo bird. Please follow the links. I think you’ll find the reads interesting.
Clarence Thomas didn’t include wife’s income on SCOTUS disclosure forms
Posted: January 23, 2011 Filed under: just because, SCOTUS, U.S. Politics | Tags: Clarence Thomas, dishonesty, judicial ethics, Virginia Thomas 12 CommentsSupreme Court Justice Clarence Thomas failed to report his wife’s income from a conservative think tank on financial disclosure forms for at least five years, the watchdog group Common Cause said Friday.
Between 2003 and 2007, Virginia Thomas, a longtime conservative activist, earned $686,589 from the Heritage Foundation, according to a Common Cause review of the foundation’s IRS records. Thomas failed to note the income in his Supreme Court financial disclosure forms for those years, instead checking a box labeled “none” where “spousal noninvestment income” would be disclosed.
A Supreme Court spokesperson could not be reached for comment late Friday. But Virginia Thomas’ employment by the Heritage Foundation was well known at the time.
Common Cause also claims that Virginia Thomas was paid for her work for the right wing group Liberty Central, which she founded; but Clarence Thomas did not report any spousal income for 2009.
Federal judges are bound by law to disclose the source of spousal income, according to Stephen Gillers, a professor at NYU School of Law. Thomas’ omission — which could be interpreted as a violation of that law — could lead to some form of penalty, Gillers said.
“It wasn’t a miscalculation; he simply omitted his wife’s source of income for six years, which is a rather dramatic omission,” Gillers said. “It could not have been an oversight.”
Unfortunately, according to the LA Times article, Thomas is unlikely to be disciplined in any way for his latest ethical misstep. It seems that people of his class can get away with such infractions.
Common Cause has also requested that the Justice Department investigate whether Clarence Thomas and Antonin Scalia should have recused themselves from the Citizens United decision after they participated in a private meeting sponsored by the ultraconservative, tea-party funding Koch brothers.
This is an open thread.
Religionists on Supreme Court Damage Rights of Women
Posted: December 28, 2010 Filed under: Reproductive Rights, SCOTUS, We are so F'd, Women's Rights | Tags: abortion rights, Nebraska, religious nuts, Ruth Bader Ginsberg, Samuel Alito 78 Comments
It’s obvious the real legacy of Dubya Bush will be his assault on the fundamental secular nature of the United States through court appointments. Republicans–and their appointees–appease people with such extreme religious views that we will need to remain vigilant for some time. These people murder doctors in their churches and harass women at health clinics day-in-and-day-out. They’ve done these things obsessively and zealously for over 45 years.
I think I’ve told you that I was stalked, slandered, and made generally miserable by the omnipresent fascist elements of the anti-choice movement just under 20 years ago as a young mother and economist running for state legislature. The only group to not only oppose me–but go out of their way to ensure nothing truthful about me or my positions was put out there–were religionists.
It doesn’t surprise me that the continuing hotbed of theocratic insanity in the entire area continues to be Nebraska. This is a state whose hallmark of fame right now is its continual brain drain and DINO Senator Ben Nelson who blackmailed the entire country for his vote on health care. Another big mistake made by the state was to put term limits on all its unicameral members ensuring they have a perpetual revolving door of hit and run policies. No wonder people leave that state in droves. Your entire life is in the hands of religious fanatics and the amateurs they bring to office.
The right’s continual obsession with letting women die or suffer to bring nonviable pregnancies to term is nothing but torture-based public policy laced with the sanctimonious mythology of “Eve made us all deserve to die in childbirth” . Here’s the latest craziness from Nebraska that will undoubtedly be given attention by even crazier people like Justices Thomas, Alito, and Scalia; the Republican version of the Spanish Inquisition. No science or medical facts here folks, just religious dogma from the dark ages please!
Gonzales v. Carhart was the 2007 court decision that values religious dogma over science, medicine, reason, and facts. It’s set the perpetual Nebraska industry of manufacturing laws to test Roe v. Wade in action. Millions of tax dollars will now go into defending a distinctly warped view of medicine. This one is based in the absolute lie of ‘fetal pain’ in early term pregnancies set up by Justice Kennedy. Kennedy also basically wrote that women were too stupid to realize they might come out of an abortion traumatized. He’s just one more adherent of that 3rd century mythology that needs to go away.
A long line of Supreme Court precedents seemed to stand in his way. But Flood believes that a 2007 decision offers hope for him and other state legislators looking for ways to restrict abortion.
Using that decision as a road map, this spring Flood wrote and won passage of legislation that bans abortions after 20 weeks. Introducing into law the concept of “fetal pain,” it marked the first time that a state has outlawed the procedure so early in a pregnancy without an exception for the health of the woman.
The law shut down LeRoy Carhart, the provider who had planned to expand his practice outside Omaha and provide late-term abortions to women across the Midwest.
The importance of Flood’s bill is likely to be felt far beyond Nebraska. Abortion opponents call it model legislation for other states and say it could provide a direct challenge to Supreme Court precedents that restrict government’s ability to prohibit abortion before a fetus can survive outside the womb. (It also prompted Carhart to shift his practice east, and he has since opened a late-term practice in Germantown, outside Washington.)
Critics of abortion hail the law as the most prominent and promising outcome of the Supreme Court’s 2007 decision, in which, coincidentally, Carhart was the lead plaintiff.
The 5 to 4 decision in Gonzales v. Carhart turned away Carhart’s challenge to the federal ban on “partial birth” abortion and appeared to mark a significant change in the high court’s balancing of a woman’s right with the government’s interest.
The ruling was a key moment in the emerging identity of the court headed by Chief Justice John G. Roberts Jr., who marked his fifth anniversary on the court this fall.
‘Fetal Pain” has no more basis in reality than virgin births and immaculate conception, yet here it is, threatening the ability of a woman to self determination, privacy, and life. There is also no such thing as ‘partial birth’ abortion. The entire thing is a public relations sham with no basis in anything but the desire of a bunch of crazed religionists to inflict their personal religious dictum on every one else. Since they can’t convert us all, they’ll force the law to recognize their extreme views through reckless Republican court appointments.
Kennedy’s ruling in the case–and his very words–are a warning to people who don’t like the government involved in their most personal and private decisions. It inspired Ruth Bader Ginsberg–a life long champion of women’s rights–to write a response and dismantle Kennedy’s attempt to logically explain a ruling based not on law, precedent, or logic. Kennedy’s rambling diatribe was both intellectually and legally weak. Its main tenets were clearly based in his own rooted need to defend his own narrow patriarchal misogynistic religious view instead of examine evidence and prior rulings.
He noted that the Casey decision affirmed the right to abortion before viability. But he said it also established that “government has a legitimate and substantial interest in preserving and promoting fetal life.”
Kennedy’s ruling was shot through with references to government’s interest in protecting the unborn and in making sure women knew the consequences of their actions.
He drew the ire of Justice Ruth Bader Ginsburg and others when he discussed the regret a woman might feel about the decision to end her pregnancy.
“It is self-evident that a mother who comes to regret her choice to abort must struggle with grief more anguished and sorrow more profound” when she learns the details of the intact-dilation-and-extraction process, Kennedy wrote.
In a dissent, Ginsburg struck back at the insinuation that a woman has not fully thought through her decision, or should be protected from making such a choice. “This way of thinking reflects ancient notions of women’s place in the family and under the Constitution,” said Ginsburg, which “have long since been discredited.”
Ginsburg noted that, besides being the first court decision not to require a health exception, it as the first to uphold the ban on a specific procedure.
Leave it to Nebraska–a state with lots of land, buffalo and tumbleweed, and very few people that exists on federal funding and taxing people for gas as they drive through the state–to once again bring up an expensive test of our audacity to stand up to theocracy. This has been a tactic of theirs for decades. Nebraska no more represents the country than a penguin in ANWAR could. Nebraska is whiter than than the rest of the country and older than the rest of the country. It has only 22 people per square mile when the entire rest of the country averages 79. It represents a gone bye era in many ways but it still creates trouble despite its basic irrelevance to the country as anything more than a series of interstate stops. The state endlessly manufactures laws that impose a religious view on medical procedures that always require tax payer funding to fight it through courts. What I’m saying is Nebraska’s main export is test laws for Roe v. Wade. What a shameful legacy!
From little, irrelevant states like Nebraska,we get laws like those that force ‘biased consent’. That would be laws that force physicians to give state lectures rather than advice on medical procedures. But, this isn’t because of the state’s overwhelming concern for the health of pregnant women or fetuses or babies. Witness this little law that now plagues my ob/gyn doctor daughter doing residency in that hell realm right now. Many of her patients typically come in obese. She was telling me over the weekend that a BMI of 40 was not atypical. This puts a lot of her young patients into the automatic high risk/C-Sec category. Does any of this bother Nebraska? Hell, no!
Charities, hospitals and other nonprofit groups are scrambling to fill the void left by the state’s decision to end state Medicaid funding for prenatal services for low-income women, including many illegal immigrants.
In nearly two dozen interviews, Nebraska providers said that while they may be able to absorb the costs for women now pregnant, the long-term outlook for providing an estimated $10 million a year in health care services without reimbursement is bleak.
Hospitals are bracing to provide more “charity care” and expecting an increase in emergency-room visits from women who experience pregnancy complications due to the lack of prenatal care.
A couple of emergency fundraising events have been scheduled, and private donors and the United Way are being asked to dig deeper.
Clinics that focus on the poor and uninsured are shifting resources away from other areas, such as mental health and diabetes care, to cover the loss of funds for services that can head off expensive birth defects and premature births.
“We only have so many resources. If we start pouring more money into uninsured pregnant women, that will take away from what health care we can offer in other areas,” said Dr. Kristine McVea, medical director at the OneWorld Community Health Center in south Omaha.
The issue of whether hospitals, health clinics that focus on the uninsured and private physicians can shoulder the load for such low-income women without government help is now front-and-center in the controversy.
The debate intensified last week after a Schuyler, Neb., doctor said one of his patients opted to have an abortion because she couldn’t afford the cost of prenatal care on her own. At least seven other women in Omaha and Schuyler have told clinicians they plan to seek abortions.
Gov. Dave Heineman, who opposes government aid for illegal immigrants, has said he expects charities, church groups and others to pick up what the government cut off.
See that. They already caused at least ONE needless abortion. Of course, that law primarily impacts babies that infertile white couples don’t want to buy from the baby market, so the religionists are less concerned about that.
It’s about state control of women and children. It’s about the state making decisions that belong to individuals and doing so based on religious views alone. It’s about the improper role of religious belief in our country as written in The Constitution. Young women in this country better get a grip on what’s happening and pretty quickly. That’s because these same folks are after all forms of birth control and if they continue on with the same tenacity of lunacy, the pill will also be banned or hard to get. This is especially important because President Barrack Obama has left open many vacancies on courts and if he is a one term president, or a two term president with a senate that goes Republican, we can only look forward to more.








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