Nel's New Day

September 6, 2014

Good News for the Past Week

The Israelis didn’t kill any Palestinian children or other civilians last week, the U.S. Congress wasn’t in town to start World War III, and  the Department of Justice plans to investigate the police force at Fersugon (MO).  That’s a few of the good things that happened last week. Locally, the best news is that the conservative Freedom Partners (aka Koch brothers) pulled over $1 million of television ad buys in October for GOP Senate candidate Monica Wehby. Ads starting last month continue through the end of this month, but a Rasmussen poll showing incumbent Sen. Jeff Merkley ahead by 13 points may have discouraged more than the $1.6 million expenditure for Wehby.

On the national level, the D.C. Circuit Court of Appeals will revisit Halbig v. Burwell that would have taken insurance from almost 10 million people in the nation. The argument was whether some wording in the Affordable Care Act meant that only the 14 state-run exchanges could provide subsidies for low-income people seeking insurance. If the earlier decision had held, ACA might be headed back to the U.S. Supreme Court because of differing circuit court rulings. The en banc (entire court) order vacates the earlier three-judge decision, infuriating conservatives because the court is “packed” with Democratic nominees. The “packed” conservative SCOTUS never seems to bother conservatives. Arguments are scheduled for December 17.

The ACA has gotten so popular that at least one Democrat, Arkansas’ Sen. Mark Pryor, is boasting about it in a tough re-election fight. Karl Rove’s Crossroads GPS weak response is that good benefits don’t matter if they’re part of “Obamacare.” Pryor’s opponent, Rep. Tom Cotton, showed his desperation by accusing Pryor of voting for Medicare “cuts” through the ACA, a common conservative lie. As Pryor states in his TV ad: “My opponent knows I did not cut Medicare benefits. I cut waste and protected benefits.

At the same time, more GOP-run states are accepting federal Medicaid funding through ACA, bringing the total number of states to 27, ten of them with GOP governors.  Pennsylvania outright accepted the funding last week, Tennessee plans to do so, and other states—Indiana, Missouri, Utah, and Wyoming—are considering the same step.

DB_medicaid_map_lg In another fit of desperation, a state representative from Utah, who is a doctor when not debating in legislature, has a unique argument against health care. “Sometimes access actually can mean harm,” said Utah Rep. Mike Kennedy. “I’ve heard from National Institutes of Health and otherwise that we’re killing up to a million, a million and a half people every year in our hospitals. And it’s access to hospitals that’s killing those people.”

Even more upsetting to conservatives, insurance costs are not rising as fast as in the past and in some places are actually going down. When Anthem Blue Cross and Blue Shield tried to raise premiums by 12.5 percent, the Connecticut insurance department made them lower the average premium to a 0.1 percent decrease. California, which has seen increases of up to 40 percent in the past, will have an average increase of 4.2 percent. Oregon saw a drop of 2.5 percent. If Halibig v. Burwell were allowed to stand, people using the federal exchange would have an increase of 322 percent (and that’s not a typo!).

A ruling from another circuit court, the 7th, brought marriage equality to Indiana and Wisconsin. That’s the third federal appeals court to rule in favor of same-sex marriage. The 10th Circuit struck down bans in Oklahoma and Utah, and the 4th Circuit ruled against bans in Virginia. The 6th Circuit, deciding on bans in Kentucky, Michigan, Ohio, and Tennessee heard arguments a month ago. In the 7th Circuit decision, Judge Richard A. Posner used a variety of sources, including 19th-century English political philosopher and social commentator John Stuart Mill, to respond to the states’ arguments that many people find same-sex relationships repulsive.  Posner wrote:

 “Heterosexuals get drunk and pregnant, producing unwanted children; their reward is to be allowed to marry. Homosexual couples do not produce unwanted children; their reward is to be denied the right to marry. Go figure.”

U.S. District Court Judge Martin Feldman, the 80-year-old Reagan appointee who’s been on the bench for over 30 years, might want to read Posner’s quote. In Louisiana, Feldman became the first in a string of over 20 federal judges to rule against equality on the basis that same-sex couples cannot procreate. One could ponder whether Louisiana has a law that fertility and desire to bear children are prerequisites to marriage. Feldman is one of those people who believe in human rights by popular vote.

In another decision in Louisiana, Federal Court judge Carl Barbier ruled that BP was “grossly negligent” leading up to the April 20, 2010 Deepwater Horizon oil spill in the Gulf of Mexico. With proper care, the company and its subsidiaries could have prevented the explosion and oil spill that killed 11 and spilled 4.9 million gallons of oil into the Gulf waters. BP is 67% negligent for the spill, and oil-service company Halliburton and rig owner Transocean are 30% negligent.

fire BP

According to the ruling, BP made decisions that were completely unsafe and “motivated by profit.” For example, BP drilled 100 feet deeper, just eleven days before the disaster, although the company’s geologists warned against it. The negative pressure reading on the morning of the explosion should have led to more safety tests. Instead, officials decided to continue working. The explosion occurred that evening.

Under the Clean Water Act, a corporation acting in a grossly negligent manner can be fined up to $4,300 per barrel spilled: the cost of the civil case could be as much as $18 billion. BP plans to appeal. Shares of BP in the United States dropped 5.9 percent at $44.89 and closed down almost 6 percent in London, the worst one-day slide in more than four years. BP has already agreed to pay $4.5 billion in fines and may face other bills from a Natural Resources Damage Assessment.

Louisiana’s five women’s clinics that perform abortions will stay open, thanks to a ruling from U.S. Federal Judge John deGravelles.  A new law requiring doctors who perform abortions to have patient admitting privileges at a hospital within 30 miles was to go into effect last Monday, but the judge ruled that doctors can continue to perform legal abortions if they are seeking these privileges. The judge will hold a hearing within a month to make a more permanent ruling.

Judge Lee Yeakel helped Texas women by striking down the state’s “brutally effective system of abortion regulation.” The overturned law required all women’s clinics to be outfitted as ambulatory surgical centers, costing each one between $1 million and $1.5 million. Yeakel, a George W. Bush appointee, tried to block the law mandating admitting privileges last fall but was overruled by the 5th Circuit Court of Appeals. He did succeed in stopping the rule for admitting privileges in McAllen and El Paso.

Ohio’s cuts to early voting and the state’s elimination of same-day voter registration violate both the Voting Rights Act’s ban on racial discrimination in voting and the constitution’s Equal Protection clause, according to U.S. Federal Judge Peter Economus. An injunction barring the Ohio’s restrictions on voting go into effect before the November election, and the judge ordered the state’s Secretary of State Jon Husted to add a second Sunday of early voting.

not darren wilson This photo is NOT Darren Wilson, the police officer who killed Michael Brown in Ferguson (MO) a month ago, despite Chicago firefighter Kevin O’Grady’s claim. For the record, the photo, which went viral, is of motocross rider Jim McNeil who died in a 2011 crash. The photo was taken in 2006 after a motor accident at a friend’s house. There is no indication that Wilson suffered injuries. In another bogus photo posted by Kansas City Police Department Officer Marc Catron, an image of Michael Brown pointing a gun at the camera and biting down on a wad of cash is actually of Joda Cain, a Washington County (OR) murder suspect.

Police Chief Tom Jackson has also been found to lie about his reason for releasing a videotape of Brown allegedly robbing a convenience store. Jackson had said that he did thie because of a Freedom of Information Act request. There were actually no requests, but requests have not led Jackson to release the incident report for Brown’s killing. There is also some evidence that the police omitted images of Brown paying for the cigars from the video.

The best news for Leon Brown and Henry McCollum is that DNA has exonerated them from charges for rape and murder. The two men, on North Carolina’s death row for over 30 years, have been released from prison. Ages 15 and 19 at the time of their arrest in 1983, the two mentally challenged men were told that they could go home if they confessed to the crimes. Now that they are 46 and 50, biological material collected at the crime scene has been connected to a known sex offender who lived just feet away from where the 11-year-old girl was found. Since their arrest, the police force has also hidden boxes of crucial evidence and not disclosed it to either the defense team or the prosecuting attorney.

Twenty years ago, Supreme Court Justice Antonin Scalia used the McCollum to justify the death penalty in an unrelated case. He said, “How enviable a quiet death by lethal injection compared with [rape and murder]!” Justice Harry Blackmun answered, “Buddy McCollum … has an IQ between 60 and 69 and the mental age of a 9-year old. He reads on a second grade level. This factor alone persuades me that the death penalty in his case is unconstitutional.” Now McCollum will not have to suffer the “quiet death by lethal injection.”

Voting, women’s rights, health care, death penalty, marriage equality, transparency–all these are beginning to succeed because of the judicial system. Now we’ll wait for the appeals.

Mind-Cast

Rethinking Before Restarting

the way of improvement leads home

reflections at the intersection of American history, religion, politics, and academic life

© blogfactory

Genuine news

Civil Rights Advocacy

Never doubt that a small group of thoughtful, committed citizens can change the world. Indeed, it is the only thing that ever has. -- Margaret Mead

AGR Daily News

Transformational News; What Works For Seven Future Generations Without Causing Harm?

JONATHAN TURLEY

Res ipsa loquitur - The thing itself speaks

Jennifer Hofmann

Inspiration for soul-divers, seekers, and activists.

Occupy Democrats

Progressive political commentary/book reviews for youth and adults

V e t P o l i t i c s

politics from a liberal veteran's perspective

Margaret and Helen

Best Friends for Sixty Years and Counting...

Rainbow round table news

Official News Outlet for the Rainbow Round Table of the American Library Association

The Extinction Protocol

Geologic and Earthchange News events

Social Justice For All

Working towards global equity and equality

Over the Rainbow Books

A Book List from Gay, Lesbian, Bisexual, and Transgender Round Table of the American Library Association

The WordPress.com Blog

The latest news on WordPress.com and the WordPress community.

%d bloggers like this: