SDB Evening News Reads for 081211: Appeals court rules health care law unconstitutional
Posted: August 12, 2011 Filed under: Breaking News, Crime, Foreign Affairs, Great Britain, Health care reform, SCOTUS, SDB Evening News Reads | Tags: Casey Anthony, HCR, Obama, Philadelphia flash mob curfew, White House 9 CommentsIt is Friday afternoon, and the weekend cannot come fast enough. For today’s news reads I have lots of different items to highlight for you. Some of these links you may have missed, and some are just updating news we have talked about this week here on Sky Dancing.
Okay, first thing, if you did not read Dakinikat’s post, The Audacity of No Hope, then go read it now!
H/T to Boston Boomer for this link, today the White House got some bad news about Obama’s health care law as a Judge Rules Health Care Law Is Unconstitutional – FoxNews.com
A U.S. district judge on Monday threw out the nation’s health care law, declaring it unconstitutional because it violates the Commerce Clause and surely reviving a feud among competing philosophies about the role of government.
Judge Roger Vinson, in Pensacola, Fla., ruled that as a result of the unconstitutionality of the “individual mandate” that requires people to buy insurance, the entire law must be declared void.
“I must reluctantly conclude that Congress exceeded the bounds of its authority in passing the act with the individual mandate. That is not to say, of course, that Congress is without power to address the problems and inequities in our health care system. The health care market is more than one-sixth of the national economy, and without doubt Congress has the power to reform and regulate this market. That has not been disputed in this case. The principal dispute
has been about how Congress chose to exercise that power here,” Vinson wrote.“While the individual mandate was clearly ‘necessary and essential’ to the act as drafted, it is not ‘necessary and essential’ to health care reform in general,” he continued. “Because the individual mandate is unconstitutional and not severable, the entire act must be declared void.”
Department of Justice spokeswoman Tracy Schmaler said the department plans to appeal Vinson’s ruling to the 11th Circuit Court of Appeals.
This particular ruling is being seen as the strongest decision against Obama care since many courts began hearing cases claiming the law unconstitutional.
Appeals court rules against Obama healthcare law – Yahoo!
The Appeals Court for the 11th Circuit, based in Atlanta, found that Congress exceeded its authority by requiring Americans to buy coverage, but also ruled that the rest of the wide-ranging law could remain in effect.
The legality of the so-called individual mandate, a cornerstone of the 2010 healthcare law, is widely expected to be decided by the Supreme Court. The Obama administration has defended the provision as constitutional.
The case stems from a challenge by 26 U.S. states which had argued the individual mandate, set to go into effect in 2014, was unconstitutional because Congress could not force Americans to buy health insurance or face the prospect of a penalty.
“This economic mandate represents a wholly novel and potentially unbounded assertion of congressional authority: the ability to compel Americans to purchase an expensive health insurance product they have elected not to buy, and to make them re-purchase that insurance product every month for their entire lives,” a divided three-judge panel said.
Ironic that this decision comes from Atlanta, when in a suburb just north of the Georgia capital, Thousands line up for free dental services in Woodstock | ajc.com
Thousands of people stood in line for free dental services Friday at a church in Woodstock.
Hundreds of people lined up overnight to receive free dental service. Woodstock First Baptist Church teamed with Georgia Mission of Mercy to begin a two-day FREE, dental clinic for low- or no-income adults who cannot pay for dental care.Thousands of people waited in line overnight at Woodstock First Baptist Church for free dental care.The two-day clinic at First Baptist Church of Woodstock on Hwy. 92 is being sponsored by the Georgia Dental Association and its Foundation for Oral Health.“The line went around the building, all the way through the parking lot and around a warehouse,” said Dr. Richard Smith, who practices in Atlanta. He estimated the line at 2,000 yards and said that at its peak, 4,000 people were in line.
What does this tell you, when 4,000 people are lining up to get free dental care? I wish I could have gotten in line myself. Since losing health insurance in late 2007, my husband and I haven’t had the funds to get even basic 6 month checkups. Like so many we are in that group of people that make just over the federal limit to receive free or low cost medical care. It is this area of population that falls through the cracks, and unfortunately it becomes more apparent when services like this in Woodstock get so many people waiting to receive care, the local police had to stop people getting in line. As the article continues, Dr. Smith,
… said there were 100 dental chairs set up at the church and more than 1,600 volunteers, including 300 dentists a portion of them being students at an AllStar Dental Academy. “We’ve got hygienists we’ve got dental assistants working, there’s oral surgeons extracting teeth, we have endodontists doing root canals … we’ve got people here to feed them; it takes an army and this church has just been absolutely incredible.”
He said it is the first such event in Georgia on this scale.
Smith said the people are in line who do not get treated Friday can return on Saturday. Police were not allowing any more people to get in line Friday.
Dr. Michael Vernon of Augusta said he was moved by the patients’ response to the massive effort.
“Two the first three patients that I saw actually sat in the chair and cried because they were so appreciative of what we’re doing here and it just made me feel good about being here,” he said.
What can you say about that?
In other court news, the Supreme Court May Consider Whether Companies Can Be Sued Over Human Rights – NYTimes.com
Recent court rulings on the question of whether oil companies and other multinationals can be sued in U.S. courts for alleged human rights violations overseas has made the issue ripe for Supreme Court intervention, possibly as early as this fall.
Oil companies Royal Dutch Shell PLC and Exxon Mobil Corp. have been battling allegations that they played a role in human rights abuses in Nigeria and Indonesia, respectively.
Shell won a major victory last year when the New York-based 2nd U.S. Circuit Court of Appeals ruled in Kiobel v. Royal Dutch Shell that there was no corporate liability under the statute.
The Nigerian plaintiffs in that case have now filed a petition (pdf) with the Supreme Court. The justices will likely consider whether to take the case sometime after they return in October from their lengthy summer recess.
We don’t know if the SCOTUS will agree to hear this matter, but the NYT’s is suggesting there are signs that the court will take up this appeal.
This next link is a bit funny to me, funny and sad. Mitch McConnell Called For Rich To Pay Their ‘Fair Share’ In 1990 Ad
The Republican Party’s dogmatic opposition to raising taxes has been a consistent obstacle to patching together a broader deal to decrease the nation’s growing debt. And for Democrats with good long-term memories, it’s not only causing some irritation — it’s also prompting a bit of nostalgia for days past.
That’s because some of the same GOP lawmakers holding the line on taxes today once presented themselves as willing compromisers on the issue in the past. The most recently unearthed example, pointed out Wednesday by ThinkProgress, comes courtesy of Senate Minority Leader Mitch McConnell (R-Ky.), who ended his 1990 reelection campaign with an ad titled “Fair Share.” In it, the Kentucky Republican — in the midst of a increasingly tight contest — positioned himself as open-minded on the subject of tax rates.
“Unlike some folks around here, I think everyone should pay their fair share, including the rich,” McConnell declares in the ad.
If only these people did not sign some ridiculous pledge to an anti-tax rich-ass man, promising they would not raise taxes.
Boston Boomer had a great post this week on the riots in London, here is an update on that…Riot death toll hits five as waves of looters face court
The death toll from the English riots has risen to five after a man who was attacked by a mob as he tried to stamp out a fire died in hospital.
[…]
More than 1500 people have now been arrested in towns and cities hit by rioting earlier this week and more than 500 charged with offences related to the four days of disorder.
There is talk about shutting down service to Twitter and Facebook when London has violent riots like this in the future. Let us see what happens with that. In Philadelphia a new curfew goes into affect today in an effort to stop the flash mob violence that city has seen this summer.
BBC News – Mixed feelings over Philadelphia’s flash-mob curfew
Philadelphia’s authorities have ordered a weekend evening curfew for under-18 years old in an effort deter teenagers from wreaking havoc in so-called flash mobs.
As Britain looks to America for answers to the rioting that has rocked England over the last week, the BBC’s Laura Trevelyan visits Philadelphia to see how its new measures will work.
The phenomenon known as flash mobbing, where groups of teenagers gather after alerting one another via mobile phone, Twitter and Facebook and rampage through the town centre, has frightened residents and alarmed Philadelphia’s city government.
While the scenes haven’t been as violent or as sustained as those in urban England in recent days, crowds of teenagers have beaten and robbed people and shops have been damaged.
Some may have heard about a drunken man that urinated all over a 11–year old girl while taking a JetBlue flight from Oregon to JFK airport in New York. It turns out this drunk was an 18–year old US Skier…US Skier Tossed Off Team Over in-Flight Urination – ABC News
An 18-year-old was dismissed from the U.S. Ski Team’s development squad after he was accused of getting drunk and then urinating on a fellow passenger aboard a JetBlue flight.
Robert “Sandy” Vietze, of Warren, Vt., was detained by police at New York’s John F. Kennedy International Airport on Wednesday morning after arriving on a red-eye flight from Portland, Ore.
Get this…
Vietze was nominated to the development team this spring after excelling as an alpine skier at the Green Mountain Valley School, a top ski academy and high school in Waitsfield, Vt., where tuition runs as much as $42,384 per year. He had been scheduled to compete on the national ski team’s developmental squad for the 2011-2012 season.
A Port Authority Police Department detective wrote in court documents that Vietze told him he had consumed five or six beers and two rum and cola cocktails before boarding the flight. He said he passed out in his seat and awoke to find himself being yelled at by the father of a 12-year-old girl.
Damn, that is some list of drinks for anyone to consume, let alone an 18–year old.
In Orlando, Judge Melvin Barry has made a decision on the Casey Anthony probation issue regarding charges from pleading guilty to check fraud. Casey Anthony Ordered to Return to Orlando Florida to Serve Probation – ABC News
Casey Anthony, the Florida woman acquitted of murdering daughter Caylee, must emerge from hiding and return to Orlando, Fla., by Aug. 26, a judge ordered today.
Judge Belvin Perry issued a written order that Anthony, 25, must report to the Department of Corrections in two weeks to serve a year of supervised probation.
Anthony’s probation stems from a check fraud conviction in 2010. Prior to her first degree murder trial, Anthony pleaded guilty to stealing checks from her best friend Amy Huizenga during the time that Caylee was missing.
And lastly, yesterday I had this news up about the dinosaur fossil that proves Plesiosaurs did not lay eggs, but got pregnant and delivered live babies. Here is a picture of the fossil that shows the embryo skeleton inside the mother’s fossilized bones. Pregnant Fossil Find Shows Plesiosaurs Had Live Births | Geekosystem
For nearly 25 years a spectacular fossil that could answer scientists’ questions about an ancient marine reptile lay buried in the basement of the Natural History Museum of Los Angeles County. The fossil was of a plesiosaur, a large four-flippered creature that roamed the oceans some 78 million years ago. But it wasn’t just any fossil, this fossil was pregnant.
The fossil shows the mother, around 470 cm long, carrying a single fetus, around 150 cm long. The fetus has 20 vertebrae, shoulders, hips and paddle bones, and is believed to be about two-thirds grown. This is the first case of a pregnant plesiosaur fossil, and it shows that the creatures gave birth to live babies rather than hatching eggs. The finding also suggests that the creatures cared for their young similar to modern day whales and dolphins.
See it? It is so freaking cool!
Well, that is my round-up for today, anything new you would like to comment about? Let’s have it.
Thursday Reads: DADT Decision, Bachmann Surging, High-Profile Trials, and Mega-Wombats
Posted: July 7, 2011 Filed under: 2012 presidential campaign, Crime, morning reads, Republican presidential politics, Team Obama, The Media SUCKS, U.S. Politics, Violence against women | Tags: 2012 presidential election, Amy Bishop, australia, Billy Bulger, Casey Anthony, crime, DADT, James Wolcott, Jose Baez, Marcia Clark, mega-wombat, Michele Bachmann, Mitt Romney, murder, New Hampshire, Republican presidential wannabes, Texas gang rape, unconstitutional, violence against women, Whitey Bulger 27 CommentsGood Morning!! I think I have some interesting reads for you today, so let’s get right to it.
The biggest story of the day is that the Ninth Circuit Court Of Appeals has ordered the Obama administration to quit stalling and get rid of DADT immediately.
A three-judge panel of the United States Court of Appeals for the Ninth Circuit issued a two-page order against the policy known as “don’t ask, don’t tell” in a case brought by the group Log Cabin Republicans.
In 2010, a federal judge in California, Virginia A. Phillips, ruled that the law was unconstitutional and ordered the government to stop enforcing it. That decision was appealed to the Ninth Circuit, which issued a stay allowing the government to continue enforcing the policy as it made its way through the courts.
Congress repealed the policy last year, but called for a lengthy process of preparation, training and certification, still under way, before ending it….
Judges Alex Kozinski, Kim McLane Wardlaw and Richard A. Paez stated in their order that “circumstances and balance of hardships had changed” since their initial ruling: the Obama administration had informed the court that repeal of the policy was “well under way,” and in a filing in another case on July 1, the Department of Justice took the position that discrimination based on sexual orientation should be subjected to tough scrutiny. The government, the judges wrote, “can no longer satisfy the demanding standard for issuance of a stay.”
And the credit goes to the Log Cabin Republicans, because Democrats are too weak and cowardly to do anything useful anymore.
As I predicted, Michele Bachmann is making gains on Mitt Romney in New Hampshire, according to the latest PPP Poll.
When PPP polled New Hampshire in April Michele Bachmann was stuck at 4%. She’s gained 14 points over the last three months and now finds herself within single digits of Mitt Romney. Romney continues to lead the way in the state with 25% to 18% for Bachmann, 11% for Sarah Palin, 9% for Ron Paul, 7% for Rick Perry and Herman Cain, 6% for Jon Huntsman and Tim Pawlenty, and 4% for Newt Gingrich.
Bachmann’s surge in New Hampshire is being built on the back of the Tea Party. Among voters identifying themselves as members of that movement she’s leading the way at 25% with Palin and Romney tying for second at 16%, and Cain also placing in double digits at 11%. Only 33% of Republican primary voters in the state identify themselves as Tea Partiers though and with the remaining folks Romney’s way ahead with 33% to 13% for Bachmann, and 10% for Huntsman and Paul.
Don’t say I didn’t warn you.
The 14 men (and 5 boys whose names are being withheld because they are juveniles) who gang raped an 11-year-old Texas girl were due in court yesterday.
Four of the accused face charges of continuous sexual abuse of a child, while the majority of the men have been charged with aggravated sexual assault of a child. All defendants are expected to appear in the Liberty, Texas courtroom today for status updates, according to the Associated Press.
Cleveland police began investigating the case in December of last year after cell phone video showing the alleged sex attack started circulating among students at Cleveland schools, according to court documents. The video shows the girl engaged in sexual acts with several men….Most of the men who face charges are free on bond. One of the accused men, Marcus Porchia, 26, has been implicated in another unrelated case for sexual assault.
The trial has been postponed until October because of delays in DNA testing.
“I’m going to pressure the state to pressure the DPS lab to get whatever analysis as quickly as possible,” state District Judge Mark Morefield said.
Morefield reset the 14 men’s cases for Oct. 3. Five juvenile boys also have been charged.
During the hearing, Warren told the judge his office was in tentative negotiations with at least one of the defendants, Jared McPherson. Warren did not say if he was referring to a possible plea agreement and he declined to comment after the hearing. McPherson’s attorney also declined to comment. A gag order is preventing those connected to the case from commenting.
Something tells me this trial won’t get as much publicity as the Casey Anthony trial. I hope I’m wrong, because this is a horrendous crime against a child, and these men need to be put away for a very long time.
Actually the next high profile trial I expect to follow is that of Amy Bishop, the professor who opened fire in a faculty meeting after failing to get tenure. So far the judge is planning to keep the trial open to the public. I hope it will be televised. Once Bishop finishes that trial, she’ll have to go to Massachusetts and face murder charges in the shooting of her brother in 1986.
There’s already a true crime book out about the Bishop case.
The Amy Bishop story inspires fear, confusion, and now 258 pages of true crime drama.
Attorney Mark McDaniel says the lawyers involved in the case will be hurrying to read the book.
McDaniel says, “I promise you the defense lawyers and the prosecutors are reading that, probably reading it today.”
And then there’s the Whitey Bulger trial. Bulger pled not guilty to 19 murders today.
The retired state police colonel who oversaw the unearthing of the remains of several of the people James “Whitey” Bulger is accused of killing from crude mass graves said he felt some personal satisfaction yesterday in seeing his notorious nemesis “a broken man” in chains before a judge.
But retired Col. Thomas J. Foley said that for the families to hear Bulger, 81, plead not guilty to 32 charges, including 19 murders, extortion, machine-gun possession and money laundering, “I’m sure had to be a difficult pill for the families to swallow.”
Assistant U.S. Attorney Brian Kelly said that should the case go to a trial, he expects prosecutors will need at least a month to present evidence and up to 40 witnesses.
J.W. Carney Jr., Bulger’s public defender, would not say whether his client, who faces life imprisonment here and could face the death penalty in murder cases pending in Florida and Oklahoma, is interested in striking a plea deal.
Boston Herald columnist Peter Gelzinis is asking Whitey’s politically powerful brother Billy Bulger to get Whitey to talk.
William M. Bulger, former president of the state Senate and the University of Massachusetts, sits in the front row in a charcoal business suit, a look of implacable rectitude frozen on his pale face.
Around Billy in the courtroom are the wives, brothers, sons and daughters of some of the 19 people Whitey is accused of killing. Billy knows they are there, but never acknowledges them. Strange for a man who began his star-crossed career as a lawyer taking cases in South Boston District Court.
As this circus lumbers forward, it will become increasingly obvious that the only man who can clear a path to something called justice is Billy Bulger, the man some people still think of as “The Good Brother.”
Billy should do what he refused to do 10 years ago before a grand jury and a congressional committee. He should have the courage to confront his brother and urge him to give some small semblance of peace to the families he’s wounded by coming clean. Billy should ask Whitey to take ownership of his sins.
I’ve got a few reactions to the verdict in the Casey Anthony case. James Wolcott says he didn’t follow the case closely, but based on what he did see he wasn’t surprised at the not guilty verdict.
I seemed to be one of the few whose world didn’t flip sideways–I wasn’t that surprised and if anything pleased that the jury made up its own collective mind in defiance of the lynch-mob clamor on the cable channels.
It can’t be said that the know-nothing know-it-alls on Fox News and Nancy Grace’s Sweeney Todd cooking school accepted the jury’s verdict with modesty and maturity. After expressing shock and taking turns to tell us how “stunned” they were, they accused the jury of suffering from Stockholm Syndrome (staring at Casey Anthony’s face somehow melting their reason and resolve), appearing to resent that fact that the defendant might be freed soon (since she might be granted time-served on the lesser charges, having already served years behind bars), and acting peevish that they didn’t get their way, having already convicted Casey Anthony on the airwaves for years now and treating the trial as an audiovisual demonstration of what to them was self-evident.
“Appearing to resent” and “peevish” are too mild, actually–many of the instant commentators on cable were visibly, audibly angry at the AUDACITY these acquittals.
Failed OJ prosecutor Marcia Clark thinks the verdict in the Anthony case is even worse than what happened with OJ.
…it was a circumstantial case. Most cases are. But the circumstances were compelling. Maybe not sufficient to prove premeditated murder—and I never believed the jury would approve the death penalty—but certainly enough to find Casey Anthony guilty of manslaughter at the very least.
Why didn’t they? My guess, since I’m writing this before the inevitable juror cameos, is that the jury didn’t necessarily believe Casey was innocent but weren’t convinced enough of her guilt to bring in a conviction. The thinking goes something like this: Sure, Casey’s behavior after her daughter’s death looks bad—dancing, partying, lying—but that doesn’t mean she killed the baby. Sure, that duct tape was weird, but that could’ve been done after the baby was already dead—no way to know who or when that tape was put on the baby’s face. Sure, the chloroform computer search seems damning, but that may not even have been done by Casey (her mom took the fall for that one).
And so, every bit of evidence presented by the prosecution could’ve been tinged with doubt. At the end of the day, the jury might have found that they just couldn’t convict her based on evidence that was reconcilable with an innocent explanation—even if the weight of logic favored the guilty one.
It’s a thoughtful article, highly recommended. Clark may be right about the jury, because at least one juror is already talking. She says she felt sick to her stomach at having to vote not guilty.
I wonder why she didn’t push for manslaughter then or at least child endangerment?
Jeralyn wrote a couple of good posts on the Anthony case yesterday: The Meaning of a Not Guilty Verdict and So Many Ignorant Reactions to Casey Anthony Acquittal. She had a few choice words for the HLN vampires.
HLN…proceeded to blast the defense team for holding a victory party and sharing a toast of champagne. Excuse me? This team didn’t work as hard as the prosecution? With fewer resources? The defense team saved a life today. That’s as close to G-ds work as it gets for criminal defense lawyers. Why shouldn’t they be proud? They held the state to its burden of proof and the state failed to meet it.
[….]
One viewer said the jury got it wrong because unlike everyone else, they weren’t privy to what was being said on Facebook and Twitter. The host agreed, saying the jury was in a vacuum in the courtroom. Hello? The jury was in the courtroom and heard and saw all the evidence. They were sequestered so they would be free from outside influences and prejudice. The jurors were the ones who received the judge’s instructions on how to apply the law. Did anyone bother to post or read all the instructions on Facebook and Twitter?
[….]
I wish the news media would stop saying no one will ever be held accountable for the little girl’s murder. It hasn’t be proven there was a murder. The defense argued it was an accident. The state took its best shot and came up short.
Congratulations to Jose Baez, Cheney Mason and everyone else on the defense team. They represented their client with pride and dedication, and with enormous sacrifices to their personal lives and law practices. They successfully battered the junk science, and prevailed in the long run — despite the unprofessional conduct of a prosecutor who smirked throughout their closing argument.
A fossilized “mega-wombat” has been dug up in Australia.
The fossil of a car sized mega-wombat has been unearthed in northern Australia, scientists said Wednesday — the most complete skeleton of its kind.
Weighing in at a whopping three tonnes, the herbivorous diprotodon was the largest marsupial to ever roam the earth and lived between two million and 50,000 years ago.
A relative of the modern-day wombat, the diprotodon skeleton was dug up in remote Queensland last week — the most northerly specimen ever discovered — and scientists believe it could shed valuable light on the species’ demise.
Along with Australia’s other megafauna, which included towering kangaroos and gigantic crocodiles, diprotodon became extinct around the same time that indigenous tribes first appeared and debate has raged about the role of humans.
Very cool.
That’s all I’ve got for today. What are you reading and blogging about?
Breaking… Verdict Reached in Casey Anthony Trial
Posted: July 5, 2011 Filed under: child sexual abuse, children, Crime, physical abuse | Tags: Casey Anthony, child abuse, crime, human decomposition, justice system, murder 152 CommentsThe jury informed the court a short time ago that a verdict had been agreed upon. The result will be announced at approximately 2:15.
ORLANDO, Fla. — The jury has reached a verdict in the murder trial of Casey Anthony, who is accused of killing her 2-year-old daughter Caylee. Judge Belvin Perry says he will read the verdict at 1:15 p.m. Chicago time Tuesday.
The Florida jury deliberated for more than 10 hours. If convicted of first-degree murder, the 25-year-old Anthony could get a death sentence.
She could also be acquitted or convicted of second-degree murder or manslaughter.
She is also charged with lying to sheriff’s detectives investigating her daughter’s 2008 disappearance.
The panel of seven women and five men appeared briefly in the courtroom Tuesday before Perry sent them to continue their work behind closed doors. The jurors had worked through much of the long weekend, hearing closing arguments Sunday and Monday morning and deliberating for six hours that afternoon.
Such a short deliberation time sounds bad for the defense, good for the prosecution. Of course the OJ jury only deliberated for four hours, but he had better attorney’s and a biased jury.
I’ll add more info as I get it. Let us know what you’re hearing.
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