Scientists and environmentalists might be a bit alarmed by a bill introduced in the House that references a scientific theory that they were entirely (and perhaps blissfully) ignorant of before last week: the “Stockman Effect.” The Stockman Effect Act mandates that the director of the National Science Foundation must commission a study on the extent to which changes in the weather can be attributed to natural shifts in the Earth’s magnetic fields. That may have led many scrambling for their textbooks and scientific journals. They would have been better off looking up the names of the sponsors. Rep. Steve Stockman (R-TX) clearly is looking for a legacy as he completes his final term in office after losing his seat in the last election. He wants a federal law that orders that a federal study of his own theory. Stockman, as you might imagine, is a sceptic of man-made climate change theories but he is an advocate of . . . well . . . Stockman science.
Category: Academia
We have often discussed obesity rates in the world on this blog and their causes. However, a new report makes an interesting finding. First, not too surprising, it says that Americans are fatter than we previously thought. Second, and more surprising, the reason for the underreporting is that people think or say that they are taller than they are. The study findings were presented by researcher Zachary Ward of the Harvard School of Public Health.
Continue reading “Study: We’re Fat And, By The Way, We’re Short Too”
Today, we filed our complaint United States House of Representatives v. Burwell (Case 1:14-cv-01967), in the United States District Court for the District of Columbia. The House’s complaint contains eight counts concerning constitutional and statutory violations of law related to the Patient Protection and Affordable Care Act (ACA). There are a myriad of unilateral amendments to this Act, ordered by President Obama’s Administration, which could be the subject of a challenge, and there are a number of changes that are already being litigated, including King v. Burwell, which has been accepted by the Supreme Court for review. The House’s complaint, however, focuses on the Administration’s usurpation not only of the House’s Article I legislative authority, but also of the defining “power of purse.” Both of these powers were placed exclusively in Article I by the Framers of our Constitution. These constitutional and statutory claims are highly illustrative of the current conflict between the branches over the basic principles of the separation of powers. The House’s complaint seeks to reaffirm the clear constitutional lines of separation between the branches – a doctrine that is the very foundation of our constitutional system of government. To put it simply, the complaint focuses on the means rather than ends. The complaint is posted below.
Continue reading “HOUSE FILES CHALLENGE OVER THE CHANGES TO THE AFFORDABLE CARE ACT”
There is an interesting ruling out of New Jersey where a court has ruled that parents of an estranged adult daughter must pay for her college tuition. It is a ruling that runs against the traditional view that upon a child reaching the age of majority, parents are relieved of their mandatory financial obligations just as children are emancipated from their control. We discussed a prior case where a court ruled against such an adult daughter seeking tuition. However, Caitlyn Ricci has secured a ruling that her biological parents Michael Ricci and Maura McGarvey must pay the tuition even though she moved out of their home and has seen them for years — except in court.
As many on this blog are aware, I have previously testified, written, and litigated in opposition to the rise of executive power and the countervailing decline in congressional power in our tripartite system. I have also spent years encouraging Congress, under both Democratic and Republican presidents, to more actively defend its authority, including seeking judicial review in separation of powers conflicts. For that reason, it may come as little surprise this morning that I have agreed to represent the United States House of Representatives in its challenge of unilateral, unconstitutional actions taken by the Obama Administration with respect to implementation of the Affordable Care Act (ACA). It is an honor to represent the institution in this historic lawsuit and to work with the talented staff of the House General Counsel’s Office. As in the past, this posting is meant to be transparent about my representation as well as my need to be circumspect about my comments in the future on related stories. Continue reading “TURLEY AGREES TO SERVE AS LEAD COUNSEL FOR HOUSE OF REPRESENTATIVES IN CONSTITUTIONAL CHALLENGE”
There are serious questions raised this week as to whether a star football player from Florida State was given preferential treatment not only by university police but Tallahasee police after a hit-and-run where two cars were totaled. At the heart of the controversy, is starting cornerback P. J. Williams who was allegedly driving the car that slammed into an oncoming vehicle. A second starting cornerback, Ronald Darby, also reportedly fled the scene at 2:30 am. However, neither was charged and the incident was not written up by the university police — as if it never happened. Just a couple of minor tickets for the “Noles.” It is a new meaning to nolo contendere. It usually means a defendant not contending a charge. In this case, Nole contendere is used by police to say “I do not wish to contend” a criminal charge against a FSU player. [For full disclosure, my wife is an FSU graduate and a “Nole”].
It appears that friends (albeit a dwindling number) of MIT professor Jonathan Gruber may soon have to put his face on milk cartons to locate the economist. After a series of frank but embarrassing statements on the strategies behind the Administration’s passage of the Affordable Car Act (ACA), Gruber has moved from the status of “disfavored” to “disavowed” to “disappeared.” This week, Democratic minority leader Nancy Pelosi expressed a complete lack of knowledge of who Gruber is, was, or will be — even though she previously cited his work and he was paid $400,000 as one of the architects of Obamacare and has made over $2 million from HHS. Such roles are often difficult for scholars in moving between the political and academic worlds, but it is rare to find an academic become such an issue in a national debate.
Continue reading “The Purging of Professor Gruber: ACA Architect Disavowed In The Beltway”
This week we discussed another videotape of Jonathan Gruber, a Massachusetts Institute of Technology economist who played a major role the ACA, or “Obamacare,” making revealing and highly embarrassing statements about the strategy behind the passage of the Act. Gruber had already previously attracted controversy with statements where he endorsed the theory at the heart of the recent decisions in Halbig and King by challengers to the ACA: to wit, that the federal funding provision was a quid pro quo device to reward states with their own exchanges and to punish those that force the creation of federal exchanges. That issue will now be decided by the United States Supreme Court. Gruber caused uproar when, after he had denounced the theory as “nutty” during the arguments in Halbig and King, he was shown later to have embraced that same interpretation. Gruber has become a major liability in the litigation. Gruber then was back in the news with an equally startling admission that the Obama Administration (and Gruber) succeeded in passing the ACA only by engineering a “lack of transparency” on the details and relying on “the stupidity of the American voter.” Now a new videotape has surfaced from Gruber speaking at the University of Rhode Island in 2012 and expressing the same contempt for the intelligence of citizens — suggesting again that they were hoodwinked to “the lack of economic understanding of the American voter.” Gruber was paid roughly $400,000 to help design the ACA by the Obama Administration, but he is proving far far more costly in its aftermath.
We have previously discussed the controversy over Kennewick man, the 9,000 year old skeleton found along the bank of the Columbia River eighteen years ago. Putting aside the fact that the date of the skeleton once again contradicts those who believe that the Earth is only a few thousand years old, it also represented a major scientific find. Scientists stated that the skeleton did not appear to be Native American, but Native American groups insisted that under the Native American Graves Protection and Repatriation Act (NAGPRA) they had a right to take possession of the skeleton and stop any further scientific work at the site. To the astonishment of many (particularly in the academic world), Army Corps of Engineers sided with the tribe and fought to give the non-Native American skeleton to the local tribe and dumped 2 million pounds of dirt and planted several thousand trees on top of Kennewick Man’s burial site to stop further scientific work. Now, the results are in. Kennewick Man is not Native American but the Corps is continuing to defend its absurd position and its obstruction of important scientific work.
For those who love to follow the marriages of the rich and famous, this week was a real doozy. In a new book, researchers are claiming evidence that Jesus married Mary Magdalene and had two sons. In the meantime, a new publication on the website of The Church of Jesus Christ of Latter-day Saints says that Church founder Joseph Smith had as many as 40 wives including one who was only 14 years old.
We have been following the controversy surrounding the confrontation of Feminist Studies Associate Professor Mireille Miller-Young with pro-life advocates on campus. Miller-Young led her students in attacking the pro-life display, stealing their display, and then committing battery on one of the young women. Thrin Short, 16, and her sister Joan, 21, filed complaints and Miller-Young was charged with criminal conduct including Theft From Person; Battery; and Vandalism. Miller-Young was convicted and sentenced in August. Despite the shocking conduct of Miller-Young and the clear violation of the most fundamental values for all academics in guaranteeing free speech and associational rights, the faculty overwhelmingly supported Miller-Young and the university decided not to impose any meaningful discipline. Now, the victims are suing Miller-Young, the UC Regents and others in seeking both compensatory and punitive damages. The lawsuit could finally force the University to explain its inexplicable response, or lack thereof, to the highly improper conduct of Miller-Young. As discussed below, Michael D. Young, Vice Chancellor of Student Affairs, not only issued a statement that seemed to blame the victims but faculty defended Miller-Young’s conduct, including arguments that the pro-life advocates were “terrorists”; Miller-Young’s response was due to that fact that she was pregnant and even that her expression of satisfaction was nothing more than her “mask” from a “cultural legacy of slavery.” Those arguments are likely to find little traction in a court of law.
By Darren Smith, Weekend Contributor
A controversy has erupted in academic and student circles over the University of British Columbia’s Vantage College. The college’s campus is under construction and expected to cost the university C$ 127 million but is beginning its enrollment
Canadian Citizens are prohibited from enrolling at Vantage College. The college is marketed toward wealthy foreign students mostly from China. Tuition and living expenses are stated to be over fifty thousand dollars per year for the privilege of attending Vantage. The university offers higher perks to these students than what is afforded the university’s common students.
Muslim clerics declared victory last week in Niger after the government agreed to withdraw a course on sexual and reproductive health from the school syllabus. Islamic organizations and leaders denounced the classes as against Muslim values. Niger has the world’s highest fertility rate and 30 percent of girls are married by the age of 15. The country reports that average of around eight children per woman.
In Paramus, New Jersey, Professor Francis Schmidt has faced a bizarre suspension after he posted a photo of his daughter wearing a tee-shirt with a quote from the HBO “Game of Thrones” series that read “I will take what is mine with fire and blood.” Bergen Community College in New Jersey suspended Schmidt as a possible threat to the Dean. While such theories would fit a storyline out of the Game of Thrones, it sits rather badly for an academic setting respecting the freedom of speech. The school has
By Mark Esposito, Weekend Blogger
We’ve been subjected to some depressing football stories this year. Most came from the professional ranks, but the colleges and high schools have their own share of mayhem to unleash. I detailed some of the predatory behavior in a post a couple of weeks ago (here). Now, perhaps the most disturbing story so-far as five California (PA) University football players allegedly beat and kicked a man senseless for defending his girlfriend from presumed harassment all the while chanting “Football Strong” as they made their getaway. “Football Brave,” too, I see. Doctors confirm the man sustained a traumatic brain injury and that “the lower part of his brain has shifted 80 degrees.”
Continue reading “The Season of Our Discontent II: “Football Strong(Men)” Vs. Women”