Month: July 2010

There is No Room for Compromise on Abortion

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The same folks who bought you the draconian restrictions on abortion in Barack Obama’s healthcare bill are now lobbying to ban federal coverage for all forms of birth control.

Let’s be clear here, this is not about meaningful policy. They just want to punish women for having sex:

Polls suggest the majority of Americans would support such a policy. But the Daily Beast has learned that many conservative activists, who spent most of their energies during the health-care reform fight battling to win abortion restrictions and abstinence-education funding, are just waking up to the possibility that the new health care law could require employers and insurance companies to offer contraceptives, along with other commonly prescribed medications, without charging any co-pay. Now the Heritage Foundation and the National Abstinence Education Association say that, like the U.S. Conference of Catholic Bishops, they oppose implementation of the new provisions.

This why there is no meaningful space for discussion for these people.

They use terrorism against doctors, they are working to make birth control unavailable at pharmacies, and now they are trying to exclude birth control from prescription coverage.

Enough is enough. These people are not the opposition, they are the enemy.

H/t Atrios

When Calls Harry Reid You a Wimp………

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You have a very serious problem:

In an interview on Friday with Jon Ralston, one of the top political reporters in Nevada, Reid was asked for examples of things he disagreed with Obama on. Reid said there are multiple things. When asked for a further explanation by Ralston, Reid’s answer came down more to process and style, rather than substance.

“I think that he is on many occasions — I shouldn’t say on many occasions, on a few occasions — I think he should have been more firm with those on the other side of the aisle,” said Reid. “He is a person who doesn’t like confrontation. He’s a peacemaker. And sometimes I think you have to be a little more forceful. And sometimes I don’t think he is enough with the Republicans.”

Ralston asked Reid for an example.

“Health care,” Reid responded. “That went on for many months. And I think much of that early on scrimmaging was done in the Senate itself, and the White House didn’t come in until later. Now, we came up with a great product, and I’m sure he can look back and say I was right, but boy for me down in the trenches, I know it was a time when I wanted a few folks in the White House behind me.”

Ralston then suggested that Reid was saying Obama wasn’t strong enough.

“He’s a very strong man. He’s calm, he’s cool, he’s deliberate,” Reid responded. “But as I just said, I think sometimes he — I would like him to be more confrontational. He isn’t, that’s who he is. My saying this isn’t gonna make him that way. I know who he is, and I understand him.”

Harry Reid just called Barack Obama a wimp, though I think that he pointedly stayed away from calling him a “bitch”. (The strong man comment)

Seriously, it’s time for an intervention with Barack Obama.

We need to send him for a few weeks to the Betty Ford Mike Ditka clinic.

This is a Big F%$#ing Deal

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A panel of the 2dd circuit court of appeals has ruled that the FCC’s indecency rules, calling the vague and a violation of 1st amendment rights:

In a sharp rebuke of the Bush-era crackdown on foul language on broadcast television and radio, a federal appeals court on Tuesday struck down the government’s near-zero-tolerance indecency policy as a violation of the 1st Amendment protection of free speech.

………

The case was triggered by unscripted expletives uttered by Bono, Cher and Nicole Richie on awards shows earlier in the decade, and the court’s decision calls into question the FCC’s regulation of foul language and other indecent content on the public airwaves.

………

A three-judge panel of the U.S. 2nd Circuit Court of Appeals did not have the power to strike down the 1978 Supreme Court decision that affirmed the FCC’s right to police the airwaves for objectionable content. But it reversed the aggressive stance the agency took starting in 2004 that found even a slip of the tongue that got by network censors was a violation subject to fines for the stations that aired it.

The court said that policy on so-called fleeting expletives was “unconstitutionally vague” and created a “chilling effect” on the programming that broadcasters chose to air. The court echoed complaints from network executives that the FCC’s standards were nearly impossible to gauge, noting that the agency allowed the airing of the f-word and s-word in broadcasts of the World War II movie “Saving Private Ryan” but not in the PBS miniseries “The Blues.”

Word up.

Now a special master has to be appointed, because when stations appeal fines, because there is always the implicit threat that the FCC will “lose” license renewal applications when the fines are appealed.

Living in a Police State

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Case in point, the (black) school teacher who was tased and pepper sprayed by (white) police officers.

You see, she called in a complaint of a prowler around her house, and while waiting for the police to show up, called in a friend to stay with her for safety.

The police showed up, and promptly went jack booted thug on her because she did not want to give the name of her friend, so they handcuffed her, and then tased and pepper sprayed her.

It was so bad that the chief of police, who showed up at the end of this little drama, has publicly stated that he, “suspects the outcome would have been different if the woman had been white and the officers black.”

What is at the crux of this, is the belief, widely held in this country and universally held in the law enforcement community, that any order given whether justified or legal, must be obeyed.

That is, by definition a government by and for police, and hence a police state.

Unfortunately, no one has won political office by defending the rights of the citizen against bad cops.

Judges Start to Question Sanity of Copyright Awards

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Two judges have now slashed awards for copyright violations by around 90%:

In fact, according to Gertner, they trampled the Constitution’s “Due Process” clause. In a ruling today, the judge slashed the $675,000 award by a factor of 10, to $67,500.
Two for two

If it sounds like a familiar result, it should. In Minnesota, Judge Michael Davis used a different legal approach called remittitur to lower Jammie Thomas-Rasset’s liability from $1.9 million to $2,250 per song. That amount is three times higher than the $750 minimum for statutory damages, and Judge Gertner has accepted both Judge Davis’ number and his reasoning when issuing her own opinion.

“Weighing all of these considerations, I conclude that the jury’s award of $675,000 in statutory damages for Tenenbaum’s infringement of thirty copyrighted works is unconstitutionally excessive,” she wrote. “This award is far greater than necessary to serve the government’s legitimate interests in compensating copyright owners and deterring infringement. In fact, it bears no meaningful relationship to these objectives. To borrow Chief Judge Michael J. Davis’ characterization of a smaller statutory damages award in an analogous file-sharing case, the award here is simply ‘unprecedented and oppressive.'”

This is a good thing. The previous award levels did nothing additional to deter people who violated the exclusive licenses that are a part of IP, but they did make it much easier for bottom feeding legal firms to prey on technically non-astute parents and people who were innocent.

There is a whole lot of what could only be described as shake downs being promulgated by agents of the RIAA and the MPAA, and hopefully, this will put a crimp in those ghouls’ business.

And On the Other Side of How to Treat Children

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Congresswoman Carolyn McCarthy (D-NY-4) has introduced legislation to ban corporal punishment in schools.

In the context of the home, I’m a little bit more ambivalent on the idea of a corporal punishment ban, but in schools, the people most likely to engage in this are going to be be psychopaths who get off by hitting kids.

What’s more the punishments fall disproportionately on minorities and the disabled.

Full press release after the break:

Congresswoman Carolyn McCarthy Introduces Legislation to End Corporal Punishment in Schools
Tuesday June 29, 2010

Washington, DC–Today, Congresswoman Carolyn McCarthy (NY-04) introduces the “Ending Corporal Punishment in Schools Act,” legislation that aims to eliminate the use of corporal punishment in schools.

Data collected by the U.S. Department of Education’s Office of Civil Rights shows that over 220,000 students in 20 states, in schools across the country are corporally punished, and studies indicate that corporal punishment in schools has a negative effect on students. Children of color and with disabilities experience corporal punishment at disproportionate rates. This legislation aims to alleviate this and promote positive school cultures and climates.

Additionally, data shows there is no evidence that corporal punishment is an effective disciplinary tool or that it results in academic success.

“I am introducing this legislation to addresses the damaging use of corporal punishment against our nation’s school children. This bill will eliminate the use of corporal punishment in schools, as well as assist in creating a safer learning environment for every child ensuring that our schools are places that foster students’ growth and dignity,” said Congresswoman Carolyn McCarthy. “Twenty states still permit corporal punishment in public schools and studies indicate that this type of discipline has a negative effect on students. This legislation amends the General Education Provisions Act so that no funds for programs administered by the Department of Education shall be made available to any educational agency or institution that has a policy or practice which allows school personnel to inflict corporal punishment on a student.”

Congressman Bobby Scott (VA- 03) member of the Healthy Family and Children Subcommittee, and co-sponsor of this legislation highlights that racial disparities do exist with the use of corporal punishment.

“Thirty states across the country have already prohibited corporal punishment,” said Congressman Scott. “Corporal punishment does not work and in fact leads to increased negative behavior and dropout rates. Moreover, the fact that schools are applying school discipline policies in a discriminatory manner based on race, color, national origin, disability, or gender constitutes a civil rights violation.”

Congressman Phil Hare (IL-17) who has been a champion and supporter of innovative programs designed to teach positive behavior as a way to improve school climate, is also a co-sponsor of this legislation.

“Corporal punishment such as paddling and other physical abuse is reprehensible and should be banned immediately. It is time to move away from the old conventional wisdom that threatening and punishing a student will motivate them to achieve. Instead, we should transition to 21st century programs like school-wide positive behavior supports which encourage, reward, and breed good behavior from the beginning,” said Hare.

According to the Department of Education, while African Americans made up 17.1 percent of public school students nationwide, they accounted for 35.6 percent of those who were paddled during the 2006-2007 school year. Similarly, although students with disabilities constituted 13.7 percent of all public school students, they made up 18.8 percent of those who are subjected to corporal punishment. These students are often punished simply for behaviors arising out of their disabilities, such as autism or Tourette’s syndrome.

Randi Weingarten, President of the American Federation of Teachers has been a long-time advocate against the use of corporal punishment in school supports this measure.

“Corporal punishment doesn’t improve behavior or student performance. Rep. McCarthy’s bill would end an outdated disciplinary practice,” said Weingarten.

Spearheaded by the American Civil Liberties Union, over 80 education and child advocate groups have signed a letter supporting this legislation.

“This important legislation would end the arcane practice of corporal punishment in schools. It is stunning to think children in some states receive greater protections against physical discipline in detention facilities than they do in classrooms,” said Deborah J. Vagins, ACLU Legislative Counsel. “The Ending Corporal Punishment in Schools Act will help provide the safe, supportive academic environment all students deserve and need to achieve academic success.”
The National Parents Teachers Association (PTA) agrees that corporal punishment does not foster positive environments for students to thrive and grow.

“National PTA opposes the use of any violence in schools. National PTA supports federal efforts to abolish corporal punishment in schools and the development of alternative discipline programs, such as Positive Behavioral Intervention and Supports (PBIS) to provide for an orderly climate for learning. We applaud the efforts of Congresswoman McCarthy to abolish the use of corporal punishment in America’s schools and stand ready to assist in her efforts,” said Charles J. “Chuck” Saylors, National PTA President.

The National Association of Secondary School Principals says schools should find positive approaches to disciplining children.

“The National Association of Secondary School Principals has a long history of supporting the personalization of the school environment and student learning,” said NASSP President Jana Frieler, who is the principal of Overland High School in Aurora, Colorado and testified before the Healthy Families and Communities Subcommittee in April. “We believe that school climate must be one that never tolerates violence but instead focuses on each student’s success and how the school can foster a proactive approach to discipline. For this reason, we are proud to support the Ending Corporal Punishment in Schools Act and will work with Congress to ensure this important legislation is enacted into law.”

###

Polanski Extradition Denied

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Basically the Swiss government said that it would not extradite until and unless it got the details on the judicial and prosecutorial irregularities that occurred in the initial trial:

The justice ministry said that the US authorities had failed to provide confidential testimony about Polanski’s original sentencing procedure.

“The reason for the decision lies in the fact that it was not possible to exclude with the necessary certainty a fault in the US extraditionary request.”

So the prosecutors decided that covering their screw-ups, and their asses, was more important than a prosecution of someone who is a confessed child rapist.

I’ve always felt that the people, such as sociopath and Washington Post columnist* Richard Cohen, who tried to excuse the rape because he was one of them, or worse, to cast the child as some sort of predator were repugnant.

But this was the right decision. There have always been alarming irregularities in the original case, ex-parte communications and other misconduct that should have seen most of the prosecuting team, as well as the judge, disbarred, and the information being withheld included testimony which might have shown that Polanski had actually served his complete sentence. (All of 42 days)

*But I repeat myself.

You Cannot Negotiate With the Insane

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A hack writer once said that, “A gaffe is when a politician tells the truth.”*

Well, John Kyle just had a bit of a gaffe.

He just said that tax cuts never need to be paid for, just spending:

You cannot run a hospital with people who believe in bleeding and leeches.†

There is simply no basis for rational cooperation with moonbats.

[on edit]

I should note that insanity is the best spin on what Kyle said. A more likely interpretation is that the real goal here is to create deficits at such a level that cuts government, particularly to social services,‡ are inevitable.

It’s called, “starve the beast.”

H/t Ezra Klein.

*Michael Kinsley, who is evidence that mindless contrarianism is never a substitute for real insight.
†Yes, I am aware of the fact that there are actually medical treatments that involve bleeding and leeches,most notably iron poisoning and reattaching limbs, it’s a metaphor.
‡But of course, we must never ever reign in our bloated wasteful Pentagon.

Can We Please Give Texas Back to Mexico?

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Texas has a concealed carry law, something that it did not have when I lived there, but one of the consequences there is make things more convenient for lobbyists in Austin:

……Well, I hear from a friend that lobbyists visiting the Texas state capitol building have started applying for concealed carry licenses. Why? Because as you pass through the metal detector to get into the capitol building, there’s a separate – basically empty – line for people who have a license to carry a concealed weapon. So the lobbyists are applying for the license in order to take the short line.

The body politic of the great state of Texas is a maggot ridden zombie……With a case of the clap.

Is Ben Bernanke Trying to Rehabilitate the Reputation of Alan “Bubbles” Greenspan?

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Paul Krugman finally comes out strongly about Bernanke’s inaction regarding the threat of deflation, which could threaten decades of recession.

It isn’t just the the fact that Bernanke who has sterling academic and economic credentials, unlike Greenspan who got his PhD from the back of a cereal box, but he continues to ignore the threat of deflation.

The problem is that Bernanke literally wrote the book on the dangers of deflation, and he is consciously eschewing the policy prescriptions that he called for nearly 20 years ago for Japan.

Greenspan was what Lenin called a “Useful Idiot.”

Bernanke knows better, which is why Krugman is calling him “feckless”.

The Voters Have Spoken…Those Bastards!

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And once again, when the elites speak, and the ordinary folks listen to what is actually said, and educate themselves on the issue, they conclude that the elites are full of sh%$.

Case in point, the recent Japanese elections, where the Democratic Party of Japan (DPJ) took a drubbing, because they threw out their old party leader, Yukio Hatoyama, and replaced him with Naoto Kan, who was big into Hoovernomics: His proposal was to raise the VAT in Japan from 5% to 10%, because the problem that Japan has, locked into a decades long deflationary spiral, is that ordinary people have too much money.

As a result of the elections, the DJP has lost its majority in the upper house of the Diet, and so must cut deals with the corrupt Liberal Democratic Party, which has ruled Japan for most of the past 65 years, or with the rather eclectic “Your Party,” in order to get its legislation to pass.

Now might be a good time for the DPJ to work on what is ostensibly one of their major goals, to reassert the control of the democratically elected government over the entrenched Japanese bureaucracy, particularly since, in this area, they are in complete accord with the Your Party.

Yes, the Housing Crisis Was Caused by N%$##@&S

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You know the right wing talking point, that Fannie Mae and Freddy Mac, AKA the GSEs, and the Community Reinvestment Act (CRA) are responsible for the housing meltdown.

Ignore the fact that the GSEs proportion of mortgage securitization fell during the housing bubble, ignore the fact that the lenders that drove the craze were not banks, and were not covered by the CRA’s requirements for them to do lending, because if you are are a right winger, it’s all the fault of people who had the wrong coloration.

Once you let “darkies” buy houses, disaster is soon to follow.

It’s a f%$#ing lie, and the latest data point on this is the fact that, “The rich have stopped paying the mortgage at a rate that greatly exceeds the rest of the population.”

So an essential part of this narrative, that non-whites cannot be trusted to pay their debts or to be lent to seems to be another lie:

More than one in seven homeowners with loans in excess of a million dollars are seriously delinquent, according to data compiled for The New York Times by the real estate analytics firm CoreLogic.

By contrast, homeowners with less lavish housing are much more likely to keep writing checks to their lender. About one in 12 mortgages below the million-dollar mark is delinquent.

Though it is hard to prove, the CoreLogic data suggest that many of the well-to-do are purposely dumping their financially draining properties, just as they would any sour investment.

“The rich are different: they are more ruthless,” said Sam Khater, CoreLogic’s senior economist.

(emphasis mine)

The right wing has spent a lot of time attempting to manufacture the fiction that it was attempts to deter discrimination and to put some fairness into the system that caused this problem, but the GSEs could never securitize the jumbo mortgages, and the CRA never applied to the neighborhoods where the über-rich built their homes, because you don’t need banks to be forced to lend in well-to-do neighborhoods.

Their lying in furtherance of their bankrupt ideology, as well as a corrupt press corps which elevates “balance” above the truth, is all they have.

The facts prove them to be morally bankrupt parasites who should not be trusted.

Poor Implementation of Technology

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2 weeks ago, we bought a Mazda5 mini-minivan, a 2009 with about 36K miles on it.

On Tuesday, with the temperatures well over 100°, the “Check Engine” light went on.

So, my wife calls the dealer, it’s still under warranty, after all, and is told that they cannot see her until Monday.

Well, I tell her to take it to our mechanic, Marks Motors in Owings Mills, and he puts it on a scanner, and the scan code reads, “loose gas cap,” which was probably created by a juxtaposition of an improperly installed gas cap, screwed up by yours truly, and the heat of the day.

So, this car, which has more electronics on it than all of NORAD did in 1967, has a sensor to detect a loose gas cap.

This is a good thing. A loose gas cap spews pollutants into the atmosphere.

But still I wonder whatever possessed the designers of the car to display this as engine fault, rather than flashing something saying “tighten your gas cap.”

Why send someone on a premature trip to the mechanic for a damn loose gas cap?

It’s a nice car, but this is a truly bone-headed human interface decision.

Penny Wise and Pound Foolish

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On Thursday, Sharon* spent 6 hours in the emergency room with severe chest pains.

It turned out that it was her long-standing problems with acid reflux, so it was not a heart attack, it was heart burn.

Well, because of Sharon’s* sensitivities, allergies, and odd interactions between her body chemistry and drugs, there is currently only one drug on the market, the proton pump inhibitor Dexilant, on the market which can address this.

She’s tried all the other ones, and they don’t work, but the insurance company drones have decided that it’s a good idea to deny the authorization to save a few bucks.

We are appealing.

How many f$#@ing trips to the ER with symptoms of a heart attack, which they cover at 100% does it take to wipe out any savings?

Well, let me give you a hint,we have already blown through that with the first trip to the ER.

Not enough bullets.

*Love of my life, light of the cosmos, she who must be obeyed, my wife.