Below is my column today on the continuing problems with the Affordable Care Act. I believe some national health care plan was needed. However, before passage, I spoke on Capitol Hill and criticized the poor drafting of the Act as well as the constitutional concerns over the federalism issues. I was most surprised by simply the poor shape of the massive bill. It was rushed through Congress to avoid having to go back to the Senate after the death of Ted Kennedy. The result was many poorly considered provisions. For that reason, I expected (particularly after the expenditure of such a huge amount) that the rollout would be done with particular care. I was shocked by the gross negligence shown by the Administration. Health and Human Services Secretary Kathleen Sebelius repeatedly assured Congress and the public that the system was ready after almost a half billion dollars in federal funds and years of preparation. She never informed Congress that her top tech officer (who has now resigned) refused to sign off on the program due to concerns of the lack of full testing and that various experts expressed doubts about the launch. However, Sebelius and her aides insisted on effectively launching in the blind. Putting aside how one may feel about national health care, this would seem an objective measure of the lack of performance. This was the single most important task not just for Sebellius but the Administration and it was a failure. For those who have fought hard for health care, the failure played into the hands of critics. Yet, with a program named after a Democratic President, there seems an unwillingness to separate the merits of Obamacare from the poor administration of the rollout of the program. While officials are now profusely apologizing, it seems that (unlike most citizens) high-ranking officials are immune from performance based termination. That is the subject of the column in USA Today.
Category: Congress
We have often discussed the abusive expansion of copyright and trademark laws. This includes common phrases, symbols, and images being claimed as private property. (here and here and here and here and here and here and here and here and here). (For a prior column, click here) This trend is being fueled not only by powerful lobbyists who sometimes seem like they control both Congress and the White House but law firms that have made this a virtual cottage industry. There are a large number of law firms on retainer to bring these actions and artists and companies that do little to limit them. The latest example was brought to light by the good people at Techdirt which posted a Digital Millennium Copyright Act (DMCA) letter to Reddit informing them that they had violated copyright laws with a posting of an individual known as heisenberg69 with this image satirizing Office Depot.
Continue reading “Office Depot Allegedly Threatens Reddit Over Parody Of Company Logo”
Respectfully submitted by Lawrence E. Rafferty (rafflaw)- Guest Blogger
Everyday we read about the latest call for drastic cuts in government spending and claims that our national debt is killing us. Those calling for the cuts claim that austerity is the only way that we can get the economy moving again. To that end they call for cuts in Social Security, Medicare, SNAP and many other assistance programs, but consistently refuse to cut our immense defense budget. Where else have these calls for austerity been made into law and what are the results of these programs?
If you look to Ireland, you can see just one example how austerity has brought a country and its people, to their knees. Continue reading “Ireland and The End of Austerity?”
By Mark Esposito, Guest Blogger
Well, the guy who ushered in the recent government shutdown with a 21 hour filibuster sure gets it honest. Texas senator Ted Cruz, that darling of the Tea Baggers, is no longer the Harvard educated political mystery man who chides the administration at every turn and who rabble rouses what is loosely referred to as the Republican base. Seems he learned the techniques of fact-free demagoguery at daddy’s knee and not amid the ivy in Cambridge (or at Princeton as Elaine M reminds me). That’s right, the Right (as in far) Reverend Rafael Cruz has embarked on his own freewheeling magical mystery tour armed only with the credential that he sired that darling of the Rebel flag wavers. Cashing in on sonny boy’s status among some on the right, Rafael Cruz is now touring the country demanding Obama “go back to Kenya” and turning the Treaty of Tripoli* on its head claiming divine sanction in decreeing that the land of the free and home of the brave is also the exclusive dominion of the Christian. And if that isn’t a big enough stain on his vestments, the representative of the Savior commands all Tea Baggers to shinny on up to the latest polling place to vote Republican.
IRS are you listening?
Submitted By: Mike Spindell, Guest Blogger
Through the years this site has produced a multitude of blogs that details the excesses that occur in the intelligence community of the United States. Whether it is about spying on us, or upon other governments, the disclosures of incidents where this group of agencies has overstepped the bounds of our Constitution have become too numerous to detail. Beyond that through the years there have been many instances where elements of our Intelligence Complex have interceded in other countries, under the rubric of protection of United States interests. There are many different Agencies within our government that deal with intelligence and in the post 9/11 era the prevention of threats to our country and its citizens has become a giant self serving industry. The Agencies that we know about have supposedly fallen under the egis of the Department of Homeland Security, which should mean from an organizational chart perspective, they are under the control of the President of the United States. To get the political issue out of the way I believe that President Obama has aided and abetted policies that go against the Constitution of the United States. However, not to justify his policies, which are clearly wrong, my opinion is that it has been a very long time since any American President had control of our Intelligence Complex. My belief is not informed by any information public or private, but from what I’ve gleaned from history and from what I know about the operations of bureaucracy. This Guest Blog is not a piece of investigative journalism, but the opinion of someone who understands both the workings of human nature and the workings of bureaucracy. I hope that this piece can engender discussions about the Intelligence Complex and elicit opinions as to what service it provides in protecting this country. The issue is not one of politics per se, because the guilt of enabling our Intelligence Complex falls equally on both political parties and the powerful elements within those parties who would support any action taken by the Intelligence Complex including abrogating our Constitution. The FBI is where I’d like to begin my perspective and that might surprise some, who consider the Federal Bureau of Investigation, basically a law enforcement agency. The history of the FBI is such that it has expanded its role with each upheaval, or new popular shibboleth that garners national attention. Continue reading “The Problem with the “Intelligence Community””
For civil libertarians, there may be no more unsettling statements than “Dianne Feinstein is here to protect civil liberties.” Of course, it is not quite that bad. The Senate Intelligence Chairwoman Dianne Feinstein (D-Calif.) has been the greatest champion for the creation of the massive surveillance of U.S. citizens and effectively blocked any demand for a perjury prosecution of National Intelligence Director James Clapper for lying about the programs. She has called for the prosecution of Edward Snowden for revealing years of deceitful or false statements made to the public. She has criticized the media for disclosing information on the programs despite admissions that of unlawful conduct by the government after the disclosures. No, none of that bothers Dianne Feinstein. However, she is outraged by the monitoring of foreign leaders and promised a “total review” surveillance program.
Continue reading “Feinstein: I Will Investigate The NSA . . . To Protect Foreign Leaders”
Europeans are upset after learning that, in addition to capturing the email and phone records of Americans, the NSA has been doing the same to them in a global assault on privacy. This includes leaders of allied nations. The United States is now viewed as an international rogue nation with no respect for the law or privacy or even loyalty. Now into this explosive environment has jumped Rep. Mike Rogers (R-Mich.), chairman of the House Intelligence Committee. Rogers responded directly to the French and said that this is all a “good thing” and the French should really be “applauding and popping champagne corks” for keeping them all under surveillance and destroying any notion of privacy.
Respectfully submitted by Lawrence E. Rafferty (rafflaw)-Guest Blogger
A recent decision by the Justice Department has opened the doors to a possible test of whether the government’s widespread use of wireless wiretaps is constitutional.
“The Justice Department for the first time has notified a criminal defendant that evidence being used against him came from a warrantless wiretap, a move that is expected to set up a Supreme Court test of whether such eavesdropping is constitutional.” New York Times Continue reading “Criminal Defendants and Wireless Wiretaps: One Small Victory?”
Submitted By: Mike Spindell, Guest Blogger
We have had a lot of discussions here about the ever growing private prison system in the United States, where our country has become the world leader in imprisoning its citizens. Many blogs have been written discussing our world prison leadership and the fact that it stems from the failed “War on Drugs”, which has tended to focus on people in poverty and/or people of color. The for-profit prison industry has had a growth spurt that can be directly traced to that aspect of the conservative movement that has disparaged government services and at the same time pushed for privatization of government services using the false concept that private industry can do it better and cheaper. It is an ideas that to me seems nonsensical on its face because of the absolute need that private industry turns a profit and in today’s economic scheme that profit has to continually rise as time passes. Business strategy, which by definition, must focus on profit has focused on cutting costs as a means of building profit. Cutting costs then devolves into hiring less skilled workers, cutting down on services provided and in a business like private prisons reducing the quality of care. When ot comes to reduction of services and diminishing of quality of care when it comes to the prison industry, I’m sure that the majority of public opinion would approve of even more draconian measures. After all those convicted of a crime are generally scorned and feared. Muscular fundamentalist philosophy has discarded the Jesus of turn the other cheek into a Jesus of vengeance and so there is even in some circles moral approval of treating prison inmates harshly. There is now a widespread use of solitary confinement as a tool of prison punishment and that confinement has stretched from weeks, too months and too years. We are after all, a society that has a majority of Americans for torture in our post 9/11 era.
In 2008 we saw the opening of a scandal in Pennsylvania where it was discovered that juvenile court judges were sentencing youths to prison for minor offenses because they had received money from sources in the private prison industry. Two judges were convicted in this case and it was seen that many youths were adversely affected and are now suing for unlawful imprisonment. It is this profiting on the imprisonment of youth that I would like to address broadly in this blog. For the most part my reference links will appear at its conclusion. This is a very disturbing problem that I think cuts to the heart of what kind of society we want to live in and I would hope that others find this as disturbing as I do. Continue reading “The Private Prisons Profit on Youth”
My opposition to the ever-expanding trademark and copyright laws is well known. (For a prior column, click here). Common phrases and symbols are being snatched up as Congress and the Obama Administration continue to yield to every demand for higher levels of penalties and prosecutions. Now we have a personal injury firm — Geoff McDonald & Associates — that has knuckled under to a threat from GEICO insurance because it used an obvious (and stated) parody in a commercial. This is an office filled with attorneys and yet they pulled the commercial because of an obvious joke. If they cannot stand up to the copyright and trademark hawks, consider the position of average citizens faced with threatening letters. Even other insurance companies have folded under pressure from GEICO in parody commercials. It is not clear if GEICO will now move against zoos and elementary schools who try to feature geckos. Before I am sued by the lawyers at GEICO, the picture to the left is a body part of a common gecko found in the wild. He has no connection to the insurance company and is not meant to mock it in any way.
For many of us, Congress has become a circus like environment with two parties exercising a duopoly of power despite record levels of contempt from voters for their conduct and policies. For sane people, Congress simply could not get more bizarre. Think again. At the height of the vote to end the government shutdown, Dianne Reidy, an official reporter with the Office of the Clerk, took the mike and began to condemn Congress (starting out well) and then rave against Freemasons (ending not so well). The most troubling thing about the scene? For many voters, she still seemed the most sane and honest person in the chamber.
Continue reading “Just When You Thought Congress Could Not Get More Bizarre . . .”
The Obama Administration — with the clear support of Democratic and Republic leadership — has continued to eviscerate privacy in the United States despite recent controversies over NSA spying on Americans. The most recent report details how the National Security Agency is collecting hundreds of millions of contact lists from personal e-mail and instant messaging accounts, including those of Americans. The reported collection program is a new operation that intercepts e-mail address books and “buddy lists” from instant messaging services. It is the latest effort by the Obama Administration to turn this into a fishbowl society where citizens and their associations are entirely transparent to the government. Once again, the most amazing aspect of this story is the complete lack of response or outcry. President Obama has succeeded, it seems, in changing the expectations of privacy in our society — a change that is unlikely to be reversed to the great detriment of civil liberties in America. It is the latest example of why it is increasingly curious for Americans to refer to this country as “the land of the free” as we construct a massive internal security state and unchecked executive powers.
By Mike Appleton, Guest Blogger
“We pledge ourselves to use all lawful means to bring about a reversal of this decision which is contrary to the Constitution and to prevent the use of force in its implementation.
-The Southern Manifesto, Cong. Rec., 84th Cong. 2d Session, Vol. 102, part 4 (March 12, 1956)
‘This was an activist court that you saw today. Anytime the Supreme Court renders something constitutional that is clearly unconstitutional, that undermines the credibility of the Supreme Court. I do believe the court’s credibility was undermined severely today.”
-Michele Bachmann (R. Minn.), June 26 2012
Most people are familiar with the opinion in Brown v. Board of Education of Topeka, et al., 349 U.S. 483 (1954), in which a unanimous Supreme Court summarily outlawed public school segregation by tersely declaring, “Separate educational facilities are inherently unequal.” 349 U.S. at 495. But many people do not know that Brown involved a consolidation of cases from four states. The “et al.” in the style refers to decisions on similar facts in Delaware, South Carolina and Virginia. And the response of Virginia to the ruling in Brown provides an interesting comparison with the actions leading to the current government shutdown. Continue reading “Massive Resistance and the Government Shutdown”
Respectfully submitted by Lawrence E. Rafferty (rafflaw)-Guest Blogger
We have discussed the thousands who have been killed by guns in this country on several occasions on Professor Turley’s blog and we have seen some of the same responses from both sides of the discussions about reasonable restrictions on gun ownership and use. Some say that any restriction on gun ownership, no matter how small, is a violation of their Second Amendment rights.
Some of those who are in favor of reasonable gun control measures, point to the sheer numbers of women and children and men who die each day due to senseless murders and sorrowful accidents. Emotional arguments and reasons have been offered by both sides of the discussion, but yet not a single worthwhile National gun control measure has become law and the killings and deaths continue unabated.
To my dismay and shock, not even the Sandy Hook Elementary School shootings, where 20 small school children and 6 staff members lost their lives to an arguably mentally ill shooter, produced any resulting legislation that could be argued offers some relief in the ever larger numbers of gun deaths.
While researching this article I had trouble finding articles written on this subject after April of 2013. There were many articles, including articles on this blog from December of 2012 through April of 2013, but very little since. In light of the dearth of media interest since April of this year, I am curious about what it will take for the United States of America to decide it is time to stop killing itself? Continue reading “When Will We Decide to Stop the Killings by Guns?”
Submitted By: Mike Spindell, Guest Blogger
Last week I wrote two guests blogs that were essentially two sides of the same coin. “How We Are Manipulated #1” and “The Decline of Journalism” were akin in that in the former I was writing about the use of “False Equivalency” that has long been a propaganda tool, especially from the wealthy backers of the conservative movement and the bland acceptance of “False Equivalency” by our mainstream media. I receive “E mails” each week from “Media Matters for America” the organization that examines bias in the media. http://mediamatters.org/ . This organization often provides me with ideas for this blog and I think performs a yeoman service for the people in this country who wish to clear the mental fog of propaganda, supplied by people who want to destroy the democratic process, and that has bombarded us since the Age of Reagan. These people own the major media and/or use their media ownership to ensure that the truth about our country is not only hidden, but subsumed in a planned torrent of propaganda. In this piece I will continue my series by providing various quotations that serve as examples, or admonishment of the prevalence of “False Equivalency” memes in the media. Links will be supplied at the end of this blog. Continue reading “False Equivalency: How We Are Manipulated #2”