Thursday Reads

Good Morning!!

Most of the commentators seem to think it doesn’t look good for the health care bill. At SCOTUS Blog, there’s an index of yesterday’s coverage.

The New York Times editorial addresses the “test” the Supreme Court faces in their decision on this case.

In ruling on the constitutionality of requiring most Americans to obtain health insurance, the Supreme Court faces a central test: whether it will recognize limits on its own authority to overturn well-founded acts of Congress.

The skepticism in the questions from the conservative justices suggests that they have adopted the language and approach of the insurance mandate’s challengers. But the arguments against the mandate, the core of the health care reform law, willfully reject both the reality of the national health care market and established constitutional principles that have been upheld for generations.

The Obama administration persuasively argues that the mandate is central to solving the crisis in America’s health care system, which leaves 50 million people uninsured and accounts for 17.6 percent of the national economy. The challengers contend that the law is an unlimited — and, therefore, unconstitutional — use of federal authority to force individuals to buy insurance, or pay a penalty.

That view wrongly frames the mechanism created by this law. The insurance mandate is nothing like requiring people to buy broccoli — a comparison Justice Antonin Scalia suggested in his exasperated questioning of Solicitor General Donald Verrilli Jr. Congress has no interest in requiring broccoli purchases because the failure to buy broccoli does not push that cost onto others in the system.

It’s really frightening to think of the possible implications of the justices overturning this law. Will the right wingers challenge Medicare and Social Security next? Dahlia Lithwick says the right wingers on the Court seem to want to return the country to “freedom” circa 1804.

The fight over Obamacare is about freedom. That’s what we’ve been told since these lawsuits were filed two years ago and that’s what we heard both inside and outside the Supreme Court this morning. That’s what Michele Bachmann* and Rick Santorum have been saying for months. Even people who support President Obama’s signature legislative achievement would agree that this debate is all about freedom—the freedom to never be one medical emergency away from economic ruin. What we have been waiting to hear is how members of the Supreme Court—especially the conservative majority—define that freedom. This morning as the justices pondered whether the individual mandate—that part of the Affordable Care Act that requires most Americans to purchase health insurance or pay a penalty—is constitutional, we got a window into the freedom some of the justices long for. And it is a dark, dark place.

But the “conservative” justices, who are covered by government subsidized health insurance appear to think freedom means the right to let people die if they can’t pay for health care.

[Sonia] Sotomayor…pondering whether hospitals could simply turn away the uninsured, finally asks: “What percentage of the American people who took their son or daughter to an emergency room and that child was turned away because the parent didn’t have insurance—do you think there’s a large percentage of the American population who would stand for the death of that child if they had an allergic reaction and a simple shot would have saved the child?”

But we seem to want to be free from that obligation as well. This morning in America’s highest court, freedom seems to be less about the absence of constraint than about the absence of shared responsibility, community, or real concern for those who don’t want anything so much as healthy children, or to be cared for when they are old. Until today, I couldn’t really understand why this case was framed as a discussion of “liberty.” This case isn’t so much about freedom from government-mandated broccoli or gyms. It’s about freedom from our obligations to one another, freedom from the modern world in which we live. It’s about the freedom to ignore the injured, walk away from those in peril, to never pick up the phone or eat food that’s been inspected. It’s about the freedom to be left alone. And now we know the court is worried about freedom: the freedom to live like it’s 1804.

The quotes from Scalia and Kennedy in Lithwick’s piece are unbelievable. Please go read the rest at the link.

There were some bombshells in the Trayvon Martin case last night. ABC news obtained video of George Zimmerman arriving at the police station after he shot Trayvon Martin. Zimmerman had no visual signs of injury, no bandages, no sign of grass stains on the back of his jacket, no sign of a broken nose, no blood on his nose or the back of his head.

Last night on MSNBC’s The Last Word, Lawrence O’Donnell spoke to the funeral director who prepared Martin’s body for burial. The funeral director saw no sign of damage to Martin’s knuckles or any other part of his body that would indicate he had been in a fight. The only damage this man observed was a gunshot wound to Martin’s chest.

O’Donnell also had as a guest Cheryl Brown, the mother of a 13-year-old boy who witnessed the shooting. He couldn’t see much, because it was getting dark, but the boy told the 911 dispatcher that he saw a man lying on the ground and another man standing over him. One of the men was crying out for help, and then there was a gunshot and the crying stopped.

Another issue that arose last night on both MSNBC’s The Ed Show was that the police report on the incident listed Trayvon Martin’s full name and address; yet police listed him as a John Doe for three days. When Sanford police finally informed Trayvon’s father that his son was dead, the man who came to the house was Chris Serino, the investigator whom we recently learned wanted to charge George Zimmerman with manslaughter on February 26, the night of the shooting. Serino told Tracy Martin, Trayvon’s father, that he (Serino) didn’t believe Zimmerman’s story.

I don’t have any links, as I write this late on Wednesday night. I will try to add them in the morning when news articles become available.

The autopsy on Trayvon Martin’s body will obviously be key in determining what happened that night, but the autopsy is currently under seal.

The autopsy on Trayvon Martin was performed by a medical examiner who works for the Volusia County government, and therefore Byron has been in the loop regarding the autopsy, which has not yet been released as the investigation into the killing is ongoing.

“In Florida when a death is being actively investigated by any agency … the autopsy information is shielded under the Florida public records law until the investigation becomes un-active, or inactive,” Byron told the IBTimes via phone Wednesday morning. “So in this case I think we can all agree this is an active death investigation, so what I need to do is refer all calls to the State Attorney’s Office in Jacksonville.”

The LA Times reported yesterday that: Black residents in Sanford, FL say they’re often harassed by police. Here’s one example from the article:

To many black residents of Sanford, the escalating national anger over how local police have handled the [Trayvon Martin] case reflects years of tension and frustration over their treatment by authorities.

Murray Jess, for one, can’t shake the memory of an evening two years ago, as he drove through Sanford at dusk, heading home after attending an art show with his fiance and his 14-year-old nephew.

A police cruiser began following Jess’ silver-gray 1996 Mercedes. Two unmarked police cars blocked the road in front of him, forcing Jess into a Pizza Hut parking lot. An officer got out of a van and pointed a video camera at the bewildered Jess as another officer, his hand on his gun, approached the car.

Jess asked the officer why he had been stopped. “He said, ‘We’ve had a lot of reports of these kinds of cars being stolen lately,’ ” said Jess, a black Sanford resident and business owner whose voice still shakes with rage.

I have several other news links for you on a variety of subjects that I’ll give you in what Minkoff Minx and Wonk the Vote call a “link dump.”

On Tuesday, Minx reported that a group led by Magic Johnson has purchased the LA Dodgers. The team has been in limbo for the past couple of years after the former owner, Frank McCourt went through an expensive divorce that drained his funds. Actually, McCourt really never had enough money to be the owner of an MLB team. The LA Times reports on Dodger fans’ reactions.

The Pope visited Cuba and met with Fidel Castro.

Pope Benedict called for an end to the U.S. trade embargo against Cuba and met with revolutionary icon Fidel Castro on Wednesday as he ended a trip in which he urged the communist island to change.

He also spoke at a public Mass in Havana’s sprawling Revolution Square where the Vatican said 300,000 people gathered to hear the 84-year-old pontiff.

In a trip laced with calls for change in Cuba, his last message was aimed at the United States, its longtime ideological foe, which for 50 years has imposed a trade embargo trying to topple the Caribbean island’s communist government.

Speaking in a departure ceremony at a rainy Havana airport, Benedict said Cuba could build “a society of broad vision, renewed and reconciled,” but it was more difficult “when restrictive economic measures, imposed from outside the country, unfairly burden its people.”

A terrible wildfire has been burning in Colorado. Authorities believe the fire was started by a “controlled burn.”

Colorado Governor John Hickenlooper suspended prescribed burns used to mitigate fire danger on Wednesday after a controlled blaze apparently ignited a wildfire west of Denver that killed an elderly couple and destroyed some two dozen homes.

“Through this suspension, we intend to make sure that we have the procedures and protocols in place so that prescribed fire conditions and management requirements are understood and strictly followed,” Hickenlooper said in a statement.

Although the origins of the so-called Lower North Fork Fire are officially under investigation, the Colorado State Forest Service has said that a controlled burn it conducted was the likely source of the fire.

A Jet Blue pilot who apparently had a psychotic break during a flight has been charged with a crime.

U.S. authorities filed criminal charges on Wednesday against a JetBlue Airways pilot who yelled incoherently about religion and the 2001 hijack attacks and pounded on a locked cockpit door before passengers subdued him in a midair uproar.

Flight 191 was diverted to Amarillo, Texas, on Tuesday, following what authorities described as erratic behavior by Capt. Clayton Frederick Osbon, who allegedly ran through the cabin before passengers tackled him in the galley….

The Justice Department filed a complaint charging Osbon with interfering with the crew. It is unusual for a commercial airline pilot to be charged in this way, and a U.S. official said he could not recall a similar case in recent years.

Osbon, 49, remains in a guarded facility at a hospital in Amarillo, and U.S. Attorney Sarah Saldana said he faces up to 20 years in prison if convicted.

The man sounds mentally ill to me. I’ll be interested to learn more about what happened.

If you’re interested in some juicy gossip from Arlen Specter’s new book, you can find it at The Washington Post and Huffpo. There appears to be quite a bit in the book about naked Senators–including Ted Kennedy. I think I’m going to pass on reading this book.

Sooooo… what are you reading and blogging about today?


Citizens United and Clarence Thomas Go Way Back

Clarence and Virginia Thomas

Thanks 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?

Read the rest of this entry »


Tuesday Reads

Good Morning!

The first week of the New Year continues to bring College Football bowls and weird news.

The BBC thinks that Arkansas bird mystery may be solved. You may have heard that thousands of birds fell out of the sky on New Year’s Eve in the small town of Beebe.  Poison was ruled out since many of them wound up as midnight snacks for local cats and dogs that didn’t get sick. Now, investigators believe that fireworks may have caused the birds to panic and fly into each other and other things.

Initial laboratory reports said the birds had died from trauma, the AGFC said.

Residents reported hearing loud fireworks just before the birds started raining from the sky.

“They started going crazy, flying into one another,” said AGFC spokesman Keith Stephens.

The birds also hit homes, cars, trees and other objects, and some could have flown hard into the ground.

“The blackbirds were flying at rooftop level instead of treetop level” to avoid explosions above, said Ms Rowe, an ornithologist.

“Blackbirds have poor eyesight, and they started colliding with things.”

Here’s an interesting thing at The Economist on the PornoScans used by the TSA.    Evidently, they efficiently humiliate us, but terrorist find them pushovers.  They’re expensive, offensive, and they don’t work.

BOINGBOING’s brilliant Cory Doctorow has dug up a paper (published in the Journal of Transportation Security) outlining how easy it would be for terrorists to beat the new backscatter “full-body” imaging scanners that are being installed at major airports worldwide. Leon Kaufman and Joseph W. Carlson, two professors at the University of California, San Francisco, submitted their paper, “An evaluation of airport x-ray backscatter units based on image characteristics” ( PDF) on October 27, way before the John Tyner/”Don’t touch my junk” incident pushed the controversy over airport security rules into the cultural mainstream. The findings are pretty clear-cut: a smart terrorist could defeat backscatter units (or “pornoscanners,” as Mr Doctorow dubs them) with relative ease …

Here’s a story from NPR that should bring more shame to the Texas justice system that imprisons and kills people at an unbelievably high rate. Where’s the DOJ when you need them to investigate violations of civil rights on things like this?

Prosecutors declared a Texas man innocent Monday of a rape and robbery that put him in prison for 30 years, more than any other DNA exoneree in Texas.

DNA test results that came back barely a week after Cornelius Dupree Jr. was paroled in July excluded him as the person who attacked a Dallas woman in 1979, prosecutors said Monday. Dupree was just 20 when he was sentenced to 75 years in prison in 1980.

Now 51, he has spent more time wrongly imprisoned than any DNA exoneree in Texas, which has freed 41 wrongly convicted inmates through DNA since 2001   more than any other state.

“Our Conviction Integrity Unit thoroughly reinvestigated this case, tested the biological evidence and based on the results, concluded Cornelius Dupree did not commit this crime,” Dallas County District Attorney Craig Watkins said.

Dupree is expected to have his aggravated robbery with a deadly weapon conviction overturned Tuesday at an exoneration hearing in a Dallas court.

There have been 21 DNA exonerations in Dallas since 2001, more than any other county in the nation. Only two states — Illinois and New York — have freed more of the wrongly convicted through DNA evidence, according to the Innocence Project, a New York-based legal center representing Dupree that specializes in wrongful conviction cases.

I’ve been posting some links down thread on some of the names floating around for the people on the probable list to replace Rahm and Summers at the White House.  Their main qualifications appear to be working for Investment Banking firms.  Leading contender for Rahm’s replacement as White House Chief of Staff is J.P Morgan’s William Daley.  Former Economic Adviser Larry Summer may be replaced by a Goldman Sach’s  beneficiary Lawyer Gene Sperling whose been an adviser to Timothy Geithner. Yes, that’s right; a lawyer for an economic adviser.  You’d think our economics-disabled POTUS would want an actual economist.  It seems, however, that Obama is highly worried that Big Business and Wall Street don’t like him.  Oh dear, we wouldn’t want any donations to dry up to the re-election campaign, would we?  Daley is close to Axelrod and Chicago’s Mayor Daley.  Feel all better now?

Antonin Scalia provided yet another reason why we need to reconsider resurrecting the ERA.  He just gave an interview and said women don’t have constitutional protection under the 14th amendment. He said this last September also.  There are lots of feminist blogs writing on this and you can find their links on Memeorandum.

Marcia Greenberger, founder and co-president of the National Women’s Law Center, called the justice’s comments “shocking” and said he was essentially saying that if the government sanctions discrimination against women, the judiciary offers no recourse.

“In these comments, Justice Scalia says if Congress wants to protect laws that prohibit sex discrimination, that’s up to them,” she said. “But what if they want to pass laws that discriminate? Then he says that there’s nothing the court will do to protect women from government-sanctioned discrimination against them. And that’s a pretty shocking position to take in 2011. It’s especially shocking in light of the decades of precedents and the numbers of justices who have agreed that there is protection in the 14th Amendment against sex discrimination, and struck down many, many laws in many, many areas on the basis of that protection.”

Greenberger added that under Scalia’s doctrine, women could be legally barred from juries, paid less by the government, receive fewer benefits in the armed forces, and be excluded from state-run schools — all things that have happened in the past, before their rights to equal protection were enforced.

Republicans are once again using Islamphobic slams to motivate the base and set ground for their continuing radical assault on constitutional rights.  We should be so lucky to have Shari’a compliant finance and banking.  Think no usurious interest and fees.   Also, the aim of investing in Shari’a compliant finance is ethical and moral investing and hoarding is prohibited.  Money must be used for the good of the community.   Plus some revenues must be set aside to take care of widows and orphans.  The most outrageous thing about some of these lies is that Orthodox Jews in places like New York have similar laws and practices already in place.  You don’t hear complaints about that though, do you?

Rep. Allen West (R-FL), a newly-elected member who has loudly scapegoated Muslims and campaigned on a promise to oppose religious diversity, appeared on Frank Gaffney’s radio program last week. Gaffney, who routinely says that Obama is both a secret Muslim and a member of the “Muslim Brotherhood,” asked West about how the new Republican Congress plans to “take on Sharia as the enemy threat doctrine?” West said that, although he has not spoken with all of the new members, he hoped that Congress would focus on the “infiltration of the Sharia practice into all of our operating systems in our country as well as across Western civilization.” He explained that targeting Sharia should be part of America’s “national security strategy” and that a response to Sharia would somehow include “tailor[ing]” American “security systems, our political systems, economic systems, our cultural and educational systems, so that we can thwart this”

Propublica reports that Obama is trying to expand his options on Guantanamo.  The problem is that they also expand executive power in a way that would give a pretty good hard on to Dick Cheney.  Obama may use a signing statement.

Obama has issued a number of signing statements taking issue with more than a dozen legislative provisions and has come under some criticism for it from both Republicans and Democrats. Shortly after he took office, Obama promised to use them with less frequency than former President Bush, noting in a presidential memorandum in March 2009: “I will act with caution and restraint, based only on interpretations of the Constitution that are well-founded.”Bush established Guantanamo through executive order and issued over 150 signing statements, more than any other president. The practice was especially controversial when Bush applied it to legislation dealing with detainee treatment.

The American Bar Association issued a report in 2006 that called signing statements “contrary to the rule of law and our constitutional separation of powers.” The report was signed by a number of legal scholars including Harold Koh, who was then dean at Yale Law School and is today the top lawyer at the State Department and one of several advisers involved in the administration’s Guantanamo policy.

It seems that deceit webs–once woven–keep entangling the rule of law.

Robert Reich calls Obama and the Democrats enablers of Republicans and Their BIG Lie on his latest blog thread.

Republicans are telling Americans a Big Lie, and Obama and the Democrats are letting them. The Big Lie is our economic problems are due to a government that’s too large, and therefore the solution is to shrink it.

The truth is our economic problems stem from the biggest concentration of income and wealth at the top since 1928, combined with stagnant incomes for most of the rest of us. The result: Americans no longer have the purchasing power to keep the economy going at full capacity. Since the debt bubble burst, most Americans have had to reduce their spending; they need to repay their debts, can’t borrow as before, and must save for retirement.

The short-term solution is for government to counteract this shortfall by spending more, not less. The long-term solution is to spread the benefits of economic growth more widely (for example, through a more progressive income tax, a larger EITC, an exemption on the first $20K of income from payroll taxes and application of payroll taxes to incomes over $250K, stronger unions, and more and better investments in education and infrastructure.)

But instead of telling the truth, Obama has legitimized the Big Lie by freezing non-defense discretionary spending, freezing federal pay, touting his deficit commission co-chairs’ recommended $3 of spending cuts for every dollar of tax increase, and agreeing to extending the Bush tax cuts for the wealthy.

Will Obama stand up to the Big Lie? Will he use his State of the Union address to rebut it and tell the truth?

No and No.  Robert, you should know by now that Obama believes The Big Lie and that Democrats won’t stop him.  Raise your hand if you think The Big Question will be how long into the State of the Union Adress will it take before Obama tries to sell us The Big Lie and tells us we need to hand over and cut our Social Security?

We don’t appear to be the only group of liberals worried about Obama betraying the Democratic position on Social Security according to The Hill.

Maria Freese of the National Committee to Preserve Social Security and Medicare said she thinks Social Security is “more at risk than it was in 2005,” when President George W. Bush proposed far-reaching changes to the program, including personal accounts. The plan was vigorously opposed by Democrats and liberal groups and never came up for a vote in Congress.

Now, with Social Security coming to the forefront once again, liberal groups are preparing a campaign to oppose any “backroom” deals on retirement benefits.

“What I am really afraid of is another deal behind closed doors,” said Nancy Altman, the co-director of Social Security Works. “At least with President Bush, he went around the country on a tour and presented his plan, and people didn’t like it.”

This is such a true statement.  We saw that Obama was more than willing to sell us out–behind close doors–to big Pharma interests during health care reform.  We witnessed Obama dropping a public option so  quickly–despite campaign promises–that it must  been prearranged.   There’s got to be a connection to all these Investment Banker people showing up in the West Wing and that big pool of  money and investments in Treasury Bills out there that are pledged to those of us that have paid into the program since our first day of work.

Whats on your reading and blogging list today?


Sam Alito Raising Funds for Right Wing Causes in Violation of Code of Conduct for U.S. Judges

Justice Samuel Alito

Lee Fang of Think Progress reports:

Last night, the American Spectator — a right-wing magazine known for its role in the “Arkansas Project,” a well-funded effort to invent stories with the goal of eventually impeaching President Clinton — held its annual gala fundraising event. The Spectator is more than merely an ideological outlet. Spectator publisher Al Regnery helps lead a secretive group of conservatives called the “Conservative Action Project,” formed after President Obama’s election, to help lobby for conservative legislative priorities, elect Republicans (the Conservative Action Project helped campaign against Democrat Bill Owens in NY-23), and block President Obama’s judicial appointments. The Spectator’s gala last night, with ticket prices/sponsorship levels ranging from $250 to $25,000, featured prominent Republicans like RNC chairman Michael Steele, hedge fund billionaire Paul Singer (a major donor to Republican campaign committees and attack ad groups), and U.S. Chamber of Commerce board member and former Allied Capital CEO William Walton. Among the attendees toasting Rep. Michele Bachmann (R-MN), the keynote speaker for the event, was Supreme Court Justice Sam Alito.

Fang, who was at the event, asked Alito why he was attending a partisan fund-raising event. Alito responded, “It’s not important that I’m here.” Fang pointed out that Alito had headlined the same event in 2008 and had used his speech to ridicule now Vice President Joe Biden.

Apparently, Alito is a regular benefactor for highly political conservative fundraisers. Last year, he headlined the fundraising dinner for the Intercollegiate Studies Institute (ISI) — the same corporate front that funded the rise of Republican dirty trickster James O’Keefe and anti-masturbation activist Christine O’Donnell. According to the sponsorship levels for the event, Alito helped ISI raise $70,000 or more.

Documents exposed by ThinkProgress last month revealed that Justice Scalia and Justice Thomas have also attended secret political fundraisers. We published a memo detailing fundraising events, organized by oil billionaires David and Charles Koch, to fund Republican campaigns, judicial elections, and groups running ads in the 2010 midterm election. The fundraisers, attended by some of the nation’s wealthiest bankers, industrialists, and other executives, help fund much of the conservative infrastructure. The memo stated the Thomas and Alito were past participants of the Koch fundraisers.

What the hell?! This kind of conduct is explicitly forbidden by the Code of Conduct for United States Judges (via Raw Story), which clearly states that a “judge should refrain from political activity.” Specifically, he or she should not:

“solicit funds for, pay an assessment to, or make a contribution to a political organization or candidate, or attend or purchase a ticket for a dinner or other event sponsored by a political organization or candidate.”

According to Raw Story,

In 2009, Alito also headlined a fundraising dinner for the Intercollegiate Studies Institute, which funded the conservative journalist James O’Keefe and Delaware Senate candidate Christine O’Donnell. Alito is reported to have helped the institute raise $70,000.

This is absolutely outrageous! Will the Obama administration or Congress respond, or are these kinds of partisan political activities on the part of Supreme Court Justices just fine with them? Keep in mind that these three justices voted in favor of “Citizens United” in the recent controversial decision that opened the doors to unlimited campaign spending by corporations. Lest we forget, “Citizens United” was originally called Citizens United Not Timid (get it?), and was formed in order to destroy Hillary Clinton’s presidential candidacy.

By the way, have you heard that Alito plans to skip the State of Union Address this year? This man does not belong on the Supreme Court.