Nel's New Day

July 27, 2018

Kavanaugh, A Disaster for the United States, Part 2

When Brett Kavanaugh accepted the nomination for Supreme Court justice, he gave a lovely speech, full of admiration for women and children and minorities. The wealth of his rulings and dissents show that much of what he said was a farce. Possibly even his wife thought so too, from the look on her face.

Separation of Powers – PHH Corp. v. CFPB (2017): Striking down the single-director structure of the Consumer Financial Protection Bureau, Kavanaugh opposed the president’s needing a reason to fire the CFPB director. Later, the entire D.C. Circuit Court overrode Kavanaugh’s decision.

Abortion – Garza v. Hargan (2017): The complete D.C. Circuit Court vacated an order preventing an undocumented pregnant teenager from having an abortion. Kavanaugh dissented with the statement that “the en banc majority … reflects a philosophy that unlawful immigrant minors have a right to immediate abortion on demand, not to be interfered with even by government efforts to help minors navigate what is undeniably a difficult situation by expeditiously transferring them to their sponsors.” The 17-year-old girl had been held prisoner without permission to see a doctor to keep her from having an abortion as the administration tried to postpone any decision until the fetus was too developed for the procedure.

Contraception – Priests for Life v. U.S. Department of Health and Human Services (2016): When the D.C. Circuit Court refused to hear a case about employers opting out of birth control coverage by submitting a form, dissented because of the employers’ “religious privilege.” Filling out the form seemed to burden their exercise of religion. Kavanaugh’s view is that courts must accept, without question, any religious claim because any employer has the right to deny birth control coverage to their employees through insurance.

Healthcare – Seven Sky v. Holder (2011): In dissenting to the ruling that upheld the Affordable Care Act, Kavanaugh claimed the Anti-Injunction Act, “which carefully limits the jurisdiction of federal courts over tax-related matters.” He argued that a president is not required to enforce the ACA or any other law if he makes that choice. A pending lawsuit regarding the constitutionality of the ACA could be decided by the Supreme Court.

Voting Restrictions – South Carolina v. United States (2012): Kavanaugh wrote the opinion upholding South Carolina’s voter ID law opposed by the DOJ because of serious racial disparities in photo ID requirements blocking over 60,000 minority registered voters from the polls.

Discrimination – Howard v. Office of the Chief Administrative Officer of the U.S. House of Representatives (2013): Kavanaugh’s dissent in this case, if successful, would ban workers in congressional offices from suing on the basis of racism, sexual harassment, and retaliation.  He also claimed in Miller v. Clinton (2012) that the State Department is exempt from being sued for age discrimination. In Rattigan v. Holder (2012), Kavanaugh dissented from the majority rule that a black FBI agent could pursue a case of inappropriate retaliation for filing a discrimination claim when the agency began a security investigation against him.

Hostility to Workers’ Rights – SeaWorld of Fla., LLC v. Perez (2014): Kavanaugh opposed a majority ruling upholding a safety citation after a trainer died while working with an orca that had previously killed three other trainers. He said that the government shouldn’t be responsible for protecting these workers. The nominee has a pattern of ruling against workers in other issues such as worker privacy and union disputes. In National Labor Relations Board v. CNN America, Inc. (2017) Judge Kavanaugh dissented from the majority opinion upholding a National Labor Relations Board (“NLRB”) order that CNN recognize and bargain with a worker’s union. and finding that CNN violated the National Labor Relations Act (“NLRA”) by discriminating against union members in hiring. Another Kavanaugh dissent in National Federation of Federal Employees v. Vilsack (2012) called for drug testing despite the lack of policy. His majority ruling in American Federation of Government Employees, AFL-CIO v. Gates (2007) could allow the Secretary of Defense to eviscerate collective bargaining.

Immigration – Fogo de Chao Inc. v. Department of Homeland Security (2014): The case agreed that specialized cultural knowledge regarding Brazilian-style cooking was valid for a temporary visa, but Kavanaugh wanted to exclude “any and all knowledge or skills … learned from family or community rather than in-company trainers.”

Gun ownership – Heller v. District of Columbia (2011): The ruling in the D.C. Circuit Court supported a law that prohibited assault weapons and high-capacity magazines and that required certain firearms to be registered. Kavanaugh dissented: “semi-automatic rifles, like semi-automatic handguns, have not traditionally been banned and are in common use by law-abiding citizens for self-defense in the home, hunting, and other lawful uses.” He also stated, “A ban on a class of arms is … equivalent to a ban on a category of speech.” The Supreme Court later overturned Heller.

Net Neutrality – United States Telecom Association v. FCC (2017): After a panel of judges ruled that internet service providers cannot discriminate among content providers, the D.C. Circuit Court refused to rehear the case. Kavanaugh dissented, claiming that the FCC should rely on the 1934 Communications Act which does not allow the FCC to regulate Internet service providers.” The FCC now permits this discrimination.

Environment – EME Homer City Generation, L.P. v. EPA (2012): Kavanaugh wrote the opinion in this decision that the EPA could not require companies to replace refrigerant chemicals of greenhouse gasses with more sustainable alternatives.  In his dissent to White Stallion Energy Ctr. LLC v. EPA (2014), he stated that the EPA should have considered the cost to the power industry before regulating toxic air pollution. The Supreme Court cited his dissent when it reversed the D.C. Circuit Court’s ruling that had upheld the standards. In Howmet Corp. v. EPA (2010) Kavanaugh dissented from a decision to approve an EPA fine of over $300,000 against a company that had improperly shipped a corrosive chemical to be added to fertilizer without properly labelling it and taking other precautions to treat it as a hazardous waste.

Unlimited Campaign Donations – EMILY’s List v. Federal Election Commission (2009): Kavanaugh wrote the opinion that led to the creation of super PACs. In Independence Institute v. Federal Election Commission (2016), he wrote the opinion which Demos and Campaign Legal Center called “a novel theory that would limit disclosure based on a spender’s tax-status, a theory subsequently rejected by a three-judge court and the Supreme Court.”

A civil rights group wrote:

“Judge Kavanaugh’s 12-year record on the U.S. Court of Appeals for the D.C. Circuit, as well as his known writings, speeches, and legal career, demonstrate that if he were confirmed to the Supreme Court, he would be the fifth and decisive vote to undermine many of our core rights and legal protections.  In case after case, he has ruled against individuals and the environment in favor of corporations, the wealthy, and the powerful.  He has advanced extreme legal theories to overturn longstanding precedent to diminish the power of federal agencies to help people.  And he has demonstrated an expansive view of presidential power that includes his belief that presidents should not be subject to civil suits or criminal investigations while in office despite what misconduct may have occurred.”

Putting Brett Kavanaugh on the Supreme Court can vastly increase the economic inequality in a nation where it is greater than at any time during almost a century, an equality marked by gender and race. Lack of healthcare in the United States has caused it to have a higher maternal mortality rate than any other developed country. Taking contraception from women keeps many of them from getting and keeping jobs, advancing their careers, furthering their education, and financially supporting themselves. The loss of contraception also produces higher abortion rates.

In the past century, unions have been responsible for decreasing income inequality. As the number of people in unions grew, so did the percentage of people in the middle class. The reverse is also true, especially for women who comprise the majority of public sector workers that Janus v. AFSCME has tried to destroy. The day after the Supreme Court decision allowed workers to have union benefits without charge, it authorized crisis pregnancy centers (CPCs) to continue to lie to women about their services and the dangers of abortions. Two weeks later, the current administration proposed prevention of home care workers unions.

Brett Kavanaugh is part of the conservative strategy to demolish the structure that attempts to protect the well-being of women and families, the foundation for the United States’ economy and democracy. Gone will be reproductive rights for women, safety and privacy rights for workers, union rights, individual rights, immigration rights, voting rights, religious rights, a clean environment, etc. Big business will be god, and the president will be above the law.

With Kavanaugh as justice—or someone like him—the Supreme Court will be a disaster for the nation.

August 5, 2015

GOP Wants Return to the 1950s

To conservatives, the 1950s were an ideal time. These quotes show who they’re working to return to a time when “men were men” and everyone except white men was subservient to them.

New Hamphire state Rep. Jeanne Notter to a colleague about oral contraceptives: “As a man, would it interest you to know that Dr. Bernstein just published an article that links the pill to prostate cancer?” She couldn’t explain why, but a study published this week in The Lancet Oncology responds to complaints about “Uncle Sugar” paying for pills for “sluts.” More than helping to reduce pregnancies in 88 percent of women, oral contraceptives help to prevent cancer by imitating pregnancy in the woman’s body. The less estrogen in the body, the lower the risk of uterine (endometrial) cancer. About 400,000 cases of this cancer have been prevented in the past 50 years—200,000 during the past decade alone. For every five years of using birth control pills, a woman reduces her risk of contracting endometrial cancer by about 25 percent. Only 42 percent of women take this medication only for contraception.

Matt Beyon, Rick Santorum’s communications manager on tomorrow’s GOP presidential debate: “The idea that they have left out the runner-up for the 2012 nomination, the former four-term governor of Texas, the governor of Louisiana, the first female Fortune 50 CEO, and the 3-term Senator from South Carolina due to polling seven months before a single vote is cast is preposterous.” The debate is even more preposterous because Fox changed its rules after looking at the polls, possibly because they wanted Gov. John Kasich rather than Rick Perry on the main stage. After all, the debate on Thursday is in Kasich’s state of Ohio. Fox declared that it would use the five most recent polls to determine the top ten candidates but then ignored an NBC/Wall Street Journal poll conducted between July 26 and 30 showing Texas Gov. Rick Perry and Ohio Gov. John Kasich within one percentage point of each other. Instead Fox used a Quinnipiac University poll gathered between July 23 and 28 showing Kasich ahead by three percentage points. Fox claimed it dismissed the NBC/WSJ poll “because it did not meet our criterion that the poll read the names of each Republican candidate in the vote question.” The RNC has officially put Fox in charge of selecting the GOP candidate.

Last night on All In, Alex Wagner, substituting for host Chris Hayes, asking Ted Cruz’s spokesman, Rick Tyler, about the problem of the Fox debate: Tyler started by explaining the advantage of the “kiddie table” because “5:00 p.m. on the East Coast is 8:00 on the West Coast. And 9:00 start for the second debate is midnight on the West Coast. So, look, the 5:00—I think—you know, the network has done the best they could.” Wagner had to explain him that 5:00pm EST is actually three hours earlier—not later—at 2:00 pm that that the 9:00 pm main event would begin on the West Coast at 6:00. Then the Cruz spokesman extolled the virtues of Donald Trump.

The outline of the scientific study, “Historically unprecedented global glacier decline in the early 21st century” in The Journal of Glaciology: “Centennial glacier retreat is a global phenomenon.” One example of the rapid glaciers’ disappearance is the Jakobshavn glacier in Greenland where the ice is moving at 10 miles a year, twice the record in 2003, which was twice as fast as in 1997. “The observed glaciers currently lose … two to three times more than the corresponding average of the 20th century,” said the study’s lead author, Michael Zemp. Glaciers help maintain the climate zone differences that drive weather patterns and provide distinct ecosystems to support precisely adapted lifeforms, from mountain wildflowers to snow leopards. Some glaciers may now be doomed.

New York pastor James David Manning: “Let’s just say I know [Starbucks is using semen in lattes].”  That’s what he said last year and repeated on a Daily Show segment with Jessica Williams last night when she re-interviewed him. Manning also ratcheted up last year’s comparison between President Obama to Adolf Hitler to this year’s statement that the president is the “Son of Satan.” Last month he described a “sodomite demon” contracted by women who kiss or have sex with men who have had sex with other men. According to Manning, the semen in gay sex goes directly into the blood.

A growing conservative movement against marriage equality: “What if a city decided that it was important for children to have mothers and fathers, declared itself a sanctuary city for traditional marriage, and refused to issue marriage licenses to same-sex couples?”

Jeb Bush on defunding Planned Parenthood: “You could take dollar for dollar. Although I am not sure we need a half a billion dollars for women health issues.” (Spoken like a true elitist!) When George H.W. Bush was elected to Congress from Texas, he so strongly supported Planned Parenthood that some House colleagues called him “Rubbers.”Bush’s grandfather Prescott Bush was the first treasurer of Planned Parenthood when it was founded in 1947, yet Jeb defunded Planned Parenthood while he was Florida governor and wants to send women to “Crisis Pregnancy Centers” where they receive bad care and lies to keep them from having abortions. These centers also don’t provide health care for men; Planned Parenthood does.

Donald Trump: “We have to get rid of that whole gun-free zone nonsense and just stop it.” Managers at many Trump hotels, golf clubs, and other properties are gun-free zones; even people with concealed carry permits can’t bring their firearms onto the property. The Trump properties that do allow guns require concealed carry permits and do not allow any open carry. Gun shows also forbid guns on the premises. A person at the Crossroads Gun Show explained, “Safety is our Number One Priority, and a safe environment in the show can only be maintained if there are no loaded guns in the show.”

Meet the Press’ Chuck Todd: “We all have a responsibility here I think to say, you know, has [Donald Trump] earned his way on this stage? I mean, again, we’re four years removed from the ridiculous spectacle of birtherism…. It’s not fair to what is the strongest Republican party presidential field in 36 years.” Scott Walker is not removed from the question of whether President Obama is a Christian and bought off the Wisconsin state Supreme Court to skip his indictment, while Rick Perry is still under indictment. Sen. Ted Cruz is threatening a shutdown for Planned Parenthood’s legal behavior. Mike Huckabee is a huckster for bogus medical cures. Chris Christie yells shut up at teachers who try to reason with him. Sen. Rand Paul’s campaign leader just got indicted for conspiracy in falsifying campaign expenditure reports. And the list goes on.

rondesia-jarrett-schell-and-peter-schell-with-their-sonPolice Stop in the South: You have to read the entire dialog in this link to understand the abuse by racist law enforcement after a police officer pulled over Rev. Peter Schell, an Episcopal priest and the lead pastor of Calvary Episcopal Church in Washington, D.C., for not signalling that he was pulling over for the officer. He was traveling with his interracial family (right).

Apple in 2013: “[The company] “powers all its data centers [in Maiden, NC] with 100 percent renewable energy” and has been “100% renewable since opening June 2010.” It wasn’t. In 2015, 76 percent of the data center’s energy was generated on-site by two photovoltaic solar arrays and its fleet of biogas-powered fuel cells, but it must turn the energy over to NC GreenPower and buy all its energy needs from Duke Energy Carolinas (Duke). By March 2015 Duke had less than 0.02 percent renewable energy in its grid mix. About 33 percent of the energy Duke sells comes from nuclear, half is from fossil fuels (coal, oil and gas), and 15 percent comes from hydroelectric sources. When Duke’s grid fails, Apple relies on backup diesel-powered generators from fuel stored on on-site tanks. Annual emissions from the Apple facility are on an upward trajectory, by now the equivalent of burning 262 million pounds of coal.

Sen. Elizabeth Warren on defunding Planned Parenthood—my favorite: “Did you fall down, hit your head, and think you woke up in the 1950s or 1890s?” Chris Christie may brag about “telling it like it is,” but Warren is far ahead of him:

“The Republican scheme to defund Planned Parenthood is not some sort of surprised response to a highly edited video. Nope! The Republican vote to defund Planned Parenthood is just one more piece of a deliberate, methodical, orchestrated, right-wing attack on women’s rights.”

Unfortunately, conservative men claim that they want to return to the 1950s. That’s their aim—no reproductive rights, no threat of climate change, no problem with being racist, and no “homosexuals.” A return might require them to give up some of their guns, though.

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