Monday, April 25, 2005

Specter: Vote for U.N. Nominee 'Too Close to Call'
Sun Apr 24, 2005 03:10 PM ET
By Randy Fabi

WASHINGTON (Reuters) - The vote on whether President Bush's embattled nominee for ambassador to the United Nations will be confirmed was "too close to call," a senior Republican senator said on Sunday.

Four Republicans on the Senate Foreign Relations Committee have asked for more time to review John Bolton's record before voting on his nomination.

"Well, at this point, I think it's too close to call," said Senate Judiciary Committee Chairman Arlen Specter of Pennsylvania on CNN's Late Edition. Specter is not a member of the Senate Foreign Relations Committee, which has agreed to a May 12 vote on Bolton.

The nomination is in doubt after allegations that Bolton tried to force intelligence analysts to write their analyzes to suit his views and that he was abusive to junior officials.

Senate Republican committee members Lisa Murkowski of Alaska, Lincoln Chafee of Rhode Island, Chuck Hagel of Nebraska, and George Voinovich of Ohio have decided that accusations against Bolton merited further examination.

If all eight Democrats on the committee vote against Bolton, as expected, just one Republican vote opposing him would be enough to block the nomination. "He wants to be our top diplomat at the U.N. but his life has been something less than diplomatic," said Sen. Richard Durbin, an Illinois Democrat, on Fox's "News Sunday." "This man doesn't have the temperament for this job."

Newsweek reported that top British officials on several occasions complained to U.S. officials about Bolton's uncompromising attitude. In one instance, British officials in 2003 persuaded the White House to keep Bolton off the negotiating team to convince Libya to surrender its nuclear program. The New York Times reported that declassified e-mail messages suggest animosity between Bolton and his staff on the one hand, and intelligence analysts on the other.



American
Progress Report: April 25th, 2005


Frist's Message of Divisiveness



Yesterday was the much anticipated "Justice Sunday," the offensive event sponsored by right-wing religious groups willing to pervert their religion for misbegotten political purposes. Though hundreds of religious leaders, even his own reverend, implored Senate Majority Leader Bill Frist (R-TN) to reconsider his participation in the event or "use that opportunity to repudiate the message of divisiveness and religious manipulation that is at the core of the gathering," Sen. Frist did neither. Instead, Frist joined the festivities through a videotaped statement – a "stunt that in itself [imbued] 'Justice Sunday' with a touch of all-American spectacle worthy of 'The Wizard of Oz'" – and "stepped up his threats to change Senate rules … while simultaneously calling for 'more civility in political life.'"



REVISIONIST TACTICS: At the beginning of the event, Family Research Council President and event organizer Tony Perkins stated, "We are not saying that people who disagree with us are not people of faith." However, the flier promoting the event read, "The Filibuster against People of Faith: The filibuster was once abused to protect racial bias, and it is now being used against people of faith." This was not the only attempt to rewrite history during the telecast. In denouncing the filibuster, Frist claimed, "I don't think it's radical to ask senators to vote.… I don't think it's radical to restore precedents that worked so well for 214 years." In 2000, Frist was among a group of conservatives who voted to filibuster an appeals court judge nominated by then-President Clinton, because he had already decided Judge Richard Paez was "out of the mainstream of political thought and ... should [not] be on the court."



LETTING COLLEAGUES DO THE DIRTY WORK: Sen. Frist shied away from attacks on the judiciary by saying, "When we think judicial decisions are outside mainstream American values, we will say so … the balance of power among all three branches requires respect – not retaliation. I won't go along with that." Frist may claim not to go along with it, but a man is often judged by the company he keeps. Focus on the Family's Chairman James Dobson – who also participated in the event – recently compared the Supreme Court to the KKK, chided the Court's majority as "unelected and unaccountable and arrogant and imperious and determined to redesign the culture according to their own biases and values, and they're out of control." Furthermore, both Dobson and Perkins have been caught plotting how to undermine judges with whom they disagree.



FRIST BACKS THE WRONG JUDGE: Though Frist "neither referred to religious faith nor addressed criticism that the event was inappropriately dragging religion into a partisan battle," he did take a step out there and "singled out Judge Priscilla Owen, one of the blocked appeals court nominees, for praise in the telecast." This specific mention of Owen is seen as "suggesting she may become the contested nominee at the focus of the looming showdown." For all the conservative talk against judicial activism, Frist should know that Owen has a long record of extremist decisions such that then colleague and Texas Supreme Court Justice Alberto Gonzales went so far as to describe one of her decisions as "an unconscionable act of judicial activism."



WHAT'S IN A NAME?: Sen. John McCain (R-AZ), who is an opponent of doing away with the democratic right to a filibuster, put it best when he said: "It's not called 'nuclear' for nothing." The catastrophic consequences that can result from silencing the minority fly in the face of Senate tradition and undermine the essence of democracy. Now conservatives are trying to change the terminology so that their reckless plan does not sound as bad. As recently as November of last year, Sen. Frist (R-TN) was calling the move "the nuclear option," but as of late he says that is a term used by his opponents. Conservatives have tried the terms "constitutional option" and "fairness option" on for size, but now they are trying to incorporate name smears into the latest lexicon. Yesterday on Face the Nation, Sen. Mitch McConnell (R-KY) insisted on calling the plan "the Byrd option," pushing the false claims that Sen. Byrd (D-WV) employed such a dangerous tactic. (Today the Center for American Progress is hosting an event featuring Sen. Byrd (D-WV) to discuss the role of the filibuster in protecting minority rights and providing an effective counterweight to presidential power.)




Saturday, April 23, 2005

Tax Returns: A Comprehensive Assessment of the Bush Administration’s Record on Cutting Taxes, Revised 4/23/04

Center on Budget and Policy Priorities

By Isaac Shapiro and Joel Friedman

Smoke & Mirrors


Senate OKs $81B for Iraq, Afghanistan
The Guardian
Thursday April 21, 2005 11:16 PM
By LIZ SIDOTI
Associated Press Writer

WASHINGTON (AP) - The Senate on Thursday overwhelmingly approved $81 billion for wars in Iraq and Afghanistan in a spending bill that would push the total cost of combat and reconstruction past $300 billion.

Note: Since there are less than 300 million Americans, that means in less than four years, the US Government has spent more than $1,000 for every man, woman, and child in America on Wars in Afganistan and Iraq. Furthermore, the Federal deficit went from a surplus when Mr. Bush took over, to an estimated deficit of $350B per year during his term.

Clearly then, the deficit did not get where it is now from wars in Afganistan and Iraq; since at most 25% of the deficit shows up in the funding report shown above. Nor is the estimated $300 billion a year trade deficit attributable to the wars in Iraq and Afganistan. The two biggest causes of the budget deficit are the declining revenue from corporate income taxes, and the tax cuts enacted during Mr. Bush's first term. U.S. GNP and GDP figures for the period 2000 - 2004 do not suggest revenue was not available; but rather that the U.S. Treasury did not end up with the funds to meet it's outlays.

It is clear the ratio of corporate income tax paid to individual income tax revenue paid to the Government has declined significantly. In 1962 the ratio was about $1 corporate for each $2 individual. By 2004 it was $1 corporate for $5 individual. By 2004, corporate income taxes comprised just 10% of total federal revenue, where they had been 20% in 1962.

The much ballyhooed estate tax was approximately 2% of total revenues in 1962, yet only 1.3% in 2004.

Which probably just goes to show that corporations and estates have done an effective job of shielding their assets from taxation. Unfortunately this shifts the burden of financing our democracy squarely on the shoulders of wage-earners.

Thursday, April 21, 2005


Religion: The Developing World Can't Seem To Do Without It...The Old World Thinks It Can...And with Hope and Fear, Americans Want to Have It Both Ways. Posted by Hello

Brooks is right...and wrong


Roe's Birth, and Death
By DAVID BROOKS
NY Times Op-Ed
Published: April 21, 2005

Justice Harry Blackmun did more inadvertent damage to our democracy than any other 20th-century American. When he and his Supreme Court colleagues issued the Roe v. Wade decision, they set off a cycle of political viciousness and counter-viciousness that has poisoned public life ever since, and now threatens to destroy the Senate as we know it.

When Blackmun wrote the Roe decision, it took the abortion issue out of the legislatures and put it into the courts. If it had remained in the legislatures, we would have seen a series of state-by-state compromises reflecting the views of the centrist majority that's always existed on this issue. These legislative compromises wouldn't have pleased everyone, but would have been regarded as legitimate.

Instead, Blackmun and his concurring colleagues invented a right to abortion, and imposed a solution more extreme than the policies of just about any other comparable nation.

Religious conservatives became alienated from their own government, feeling that their democratic rights had been usurped by robed elitists. Liberals lost touch with working-class Americans because they never had to have a conversation about values with those voters; they could just rely on the courts to impose their views. The parties polarized as they each became dominated by absolutist activists.

Unable to lobby for their pro-life or pro-choice views in normal ways, abortion activists focused their attention on judicial nominations. Dozens of groups on the right and left have been created to destroy nominees who might oppose their side of the fight. But abortion is never the explicit subject of these confirmation battles. Instead, the groups try to find some other pretext to destroy their foes.

Each nomination battle is more vicious than the last as the methodologies of personal destruction are perfected. You get a tit-for-tat escalation as each side points to the other's outrages to justify its own methods.

At first the Senate Judiciary Committee was chiefly infected by this way of doing business, but now the entire body - in fact, the entire capital - has caught the abortion fight fever.

Every few years another civilizing custom is breached. Over the past four years Democrats have resorted to the filibuster again and again to prevent votes on judicial nominees they oppose. Up until now, minorities have generally not used the filibuster to defeat nominees that have majority support. They have allowed nominees to have an up or down vote. But this tradition has been washed away.

In response, Republicans now threaten to change the Senate rules and end the filibuster on judicial nominees. That they have a right to do this is certain. That doing this would destroy the culture of the Senate and damage the cause of limited government is also certain.

The Senate operates by precedent, trust and unanimous consent. Changing the rules by raw majority power would rip the fabric of Senate life. Once the filibuster was barred from judicial nomination fights, it would be barred entirely. Every time the majority felt passionately about an issue, it would rewrite the rules to make its legislation easier to pass. Before long, the Senate would be just like the House. The culture of deliberation would be voided. Minority rights would be unprotected.

Those who believe in smaller government would suffer most. Minority rights have been used frequently to stop expansions of federal power, but if those minority rights were weakened, the federal role would grow and grow - especially when Democrats regained the majority.

Majority parties have often contemplated changing the filibuster rules, but they have always turned back because the costs are so high. But, fired by passions over abortion, Republican leaders have subordinated every other consideration to the need to overturn Roe v. Wade. The Democrats, meanwhile, threaten to shut down the Senate.

I know of many senators who love their institution, and long for a compromise that will forestall this nuclear exchange. But they feel trapped. If they turn back now, their abortion activists will destroy them.

The fact is, the entire country is trapped. Harry Blackmun and his colleagues suppressed that democratic abortion debate the nation needs to have. The poisons have been building ever since. You can complain about the incivility of politics, but you can't stop the escalation of conflict in the middle. You have to kill it at the root. Unless Roe v. Wade is overturned, politics will never get better.

Note: But why stop there? What about reviewing religious iconography and practice laws in state houses and in schools? Or permitting gays in the military? Or habeus corpus rights for American citizens? Or cigarette smoking in public places? Or crotch scratching? Maybe we should even submit the Civil Rights Act of 1964 to legislative review now that Republicans control all three branches of the Federal Government.

No !! What we -should- do is have all three branches get their noses out of the private lives, and bedrooms, of Americans and pay attention to substantive financial, social, administrative, and legal issues that don't revolve around personal matters. Forget abortion, work on financial deficits and global socio-political agendas. Forget about Ten Commandment sculptures in the courthouse, and pay attention to the pending extinction of fossil fuel based energy sources. Forget about privatizing Social Security, and rather get to work on Medicare and Universal heath care for all Americans. But then the poseurs would have to actually execute, legislate, and judge, rather than just serve the base and provide for the venal desires of their supporters.

Ya just can't make this s**t up...


Senate May End Cisneros Probe Funding
By THE ASSOCIATED PRESS
Published: April 21, 2005
Filed at 9:49 p.m. ET

WASHINGTON (AP) -- The Senate agreed Thursday to cut off money to the decade-long investigation of former Housing and Urban Development Secretary Henry Cisneros, which has cost nearly $21 million.

Legislation that provides money for U.S. operations in Iraq and Afghanistan includes an amendment sponsored by Sen. Byron Dorgan, D-N.D., to stop spending by June 1 on the probe led by independent counsel David Barrett. The Senate added the amendment on a voice vote this week.

A report by the Government Accountability Office, Congress' investigative arm, shows Barrett spent $1.26 million during the six months ending Sept. 30, 2004. The largest expenses were for salaries and benefits and contracted services. Dorgan's amendment would require a detailed report on spending by July.

Differences between the House and Senate versions of the U.S. operations bill must be resolved in a conference committee.

Cisneros admitted in 1999 that, when being considered for a Cabinet job, he lied to the FBI about how much he paid a former mistress. Cisneros, housing secretary from 1993-96, pleaded guilty to a misdemeanor and was fined $10,000.

''This is the most unbelievable waste of taxpayers money I've ever seen,'' Dorgan said. ''It's been 10 years since the investigation started, six years since the subject of the investigation pleaded guilty and four years since the subject was pardoned.''

Dorgan predicted the measure will have little trouble becoming law. ''I doubt anyone is willing to stand up for this waste,'' he said. The Washington Post reported this month that Barrett was close to completing the investigation and issuing a report.

Barrett prosecuted Cisneros on a single misdemeanor and then focused on pursuing possible obstruction of justice and other charges against people connected to Cisneros.

The only significant prosecution has been of Cisneros' former mistress, Linda Jones, who spent nearly 18 months in prison for conspiracy, bank fraud, money laundering and obstruction of justice. Two of Jones' relatives also pleaded guilty to charges.

Is the EPA charged with regulating automobile emissions?


Court Battle Brews Over EPA Role in Regulating CO2 Emissions
April 19, 2005
Reporting by Roddy Scheer
eMagazine

© Jim Motavalli
The U.S. Circuit Court of Appeals for the District of Columbia heard preliminary arguments last week in a case in which a coalition of 12 states and a handful of environmental groups charge the Environmental Protection Agency (EPA) with neglecting its responsibility to protect public health by regulating tailpipe emissions that contribute to global warming.

New York, California, and 10 other states have joined forces with Greenpeace and other advocacy groups in arguing that the federal Clean Air Act gives the EPA the authority to regulate any air pollutant--including carbon dioxide--that may hurt public health or welfare.

While EPA officials have acknowledged the risks of global warming, they maintain that their agency does not regulate greenhouse gas emissions because Congress has not granted it such authority under the Clean Air Act.

Meanwhile, the court will also hear arguments from 10 other states, most notably Michigan where the automakers are headquartered, who say the EPA should stay out of the carbon dioxide regulation business, citing concerns about increased regulation leading to higher prices for automobiles.

According to analysts watching the case, a decision from the court either turning the regulation of greenhouse gases over to the EPA or ruling in favor of the status quo could take several months.

Wednesday, April 20, 2005

Last Two Domestically Owned US Automakers In Trouble


Ford Posts 38% Decline in Profits, Citing Falling Car Sales
NY Times Business News
By DANNY HAKIM
Published: April 20, 2005

DEARBORN, Mich., April 20 - Citing rising gasoline prices and falling car prices, the Ford Motor Company said today that its profits fell 38 percent in the first quarter, to $1.21 billion.

The company said it would step up its production cuts and break even at best in the second quarter. Ford executives also said the company was considering sale of its Hertz rental car division or other "strategic options" related to the business to shore up its cash reserves.

The company forecast that its second-quarter results would range from breaking even to a loss of 15 cents a share. And Ford executives said they would move to increase production cuts to offset falling sales, with the company now planning to produce 5 percent fewer cars and trucks in both Europe and North America.

But Ford's report was not as dire as General Motors, which on Tuesday reported a $1.1 billion loss, its largest quarterly loss since 1992. Unlike G.M., Ford made a profit in its core business of manufacturing cars and trucks and also expended far less cash in the quarter.

Financial analysts have become increasingly frustrated at the difficulty in predicting the profits or losses of G.M. and Ford, the last two domestically owned automakers. Last week, Ford abandoned the long-term profit goal of its three-year-old turnaround plan and said it would report sharply lower earnings this year.

Today, on a teleconference and in a meeting with reporters, Ford's chairman and chief executive, William Clay Ford Jr., sought to explain the company's abruptly diminished outlook. He cited rising gas prices as driving customers away from medium and large sized sport utility vehicles like the Ford Explorer and Expedition much more quickly than the company had forecast. That, in turn, has led to price cuts and increased rebate offers, lowering margins in a segment that accounts for much of Ford's sales and profitability.

Not Particularly Thrilled with Time Warner Inc?




Information
from Columbia Journalism Review Article:

Who Owns What...Time Warner

Online
Services



  • CompuServe
    Interactive Services

  • AOL
    Instant Messenger

  • AOL.com
    portal

  • Digital
    City

  • AOL
    Europe

  • ICQ

  • The
    Knot, Inc. - wedding content (8 % with QVC
    36% and Hummer WinbladFunds18%)

  • MapQuest.com
    - pending regulatory approval

  • Spinner.com

  • Winamp

  • DrKoop.com
    (10%)

  • Legend
    (49% - Internet service in China)


Other



  • Netscape
    Communications

  • Netscape
    Netcenter portal

  • AOL
    MovieFone

  • iAmaze

  • Amazon.com
    (partial)

  • Quack.com

  • Streetmail
    (partial)

  • Switchboard
    (6%)


timewarner

http://timewarner.com/




Time
Warner - Books


  • Time
    Life Books


    • Time
      - Life International

    • Time
      - Life Education

    • Time
      - Life Music

    • Time
      - Life AudioBooks


  • Book-of-the-Month
    Club

  • Paperback
    Book Club

  • Children's
    Book-of-the-Month Club

  • History
    Book Club

  • Money
    Book Club

  • HomeStyle
    Books

  • Crafter's
    Choice

  • One
    Spirit

  • International

  • Little,
    Brown and Company

  • Bulfinch
    Press

  • Back
    Bay Books

  • Little,
    Brown and Company (U.K.)

  • Warner
    Books

  • Warner
    Vision

  • The
    Mysterious Press

  • Warner
    Aspect

  • Warner
    Treasures

  • Oxmoor
    House (subsidiary of Southern Progress Corporation)

  • Leisure
    Arts

  • Sunset
    Books

  • TW
    Kids

  • Leisure
    Arts




Time
Warner - Cable


  • HBO

  • CNN

  • CNN
    International

  • CNN
    en Espanol

  • CNN
    Headline News

  • CNN
    Airport Network

  • CNN
    fn

  • CNN
    Radio

  • CNN
    Interactive

  • Court
    TV (with Liberty Media)

  • Time
    Warner Cable

  • Road
    Runner

  • New
    York 1 News (24 hour news channel devoted
    only to NYC)

  • Kablevision
    (53.75% - cable television in Hungary)


  • In
    Demand

  • Metro
    Sports (Kansas City)



 


Time
Warner Inc. - Film & TV Production/Distribution



  • Warner
    Bros.

  • Warner
    Bros. Studios

  • Warner
    Bros. Television (production)

  • The
    WB Television Network

  • Warner
    Bros. Television Animation

  • Hanna
    - Barbera Cartoons

  • Telepictures
    Production

  • Witt
    - Thomas Productions

  • Castle
    Rock Entertainment

  • Warner
    Home Video

  • Warner
    Bros. Domestic Pay - TV

  • Warner
    Bros. Domestic Television Distribution

  • Warner
    Bros. International Television Distribution

  • The
    Warner Channel (Latin America, Asia - Pacific,
    Australia, Germ.)

  • Warner
    Bros. International Theaters (owns/operates
    multiplex theaters in over 12 countries)




Time
Warner Inc. - Magazines


  • Time


    • Time
      Asia

    • Time
      Atlantic

    • Time
      Canada

    • Time
      Latin America

    • Time
      South Pacific

    • Time
      Money

    • Time
      For Kids


  • Fortune

  • Business
    2.0

  • Life

  • Sports
    Illustrated


    • Sports
      Illustrated International

    • SI
      for Kids


  • Inside
    Stuff

  • Money


    • Your
      Company

    • Your
      Future


  • People


    • Who
      Weekly (Australian edition)

    • People
      en Espa–ol

    • Teen
      People


  • Entertainment
    Weekly


    • EW
      Metro


  • The
    Ticket

  • In
    Style

  • Southern
    Living

  • Progressive
    Farmer

  • Southern
    Accents

  • Cooking
    Light

  • The
    Parent Group


    • Parenting

    • Baby
      Talk

    • Baby
      on the Way


  • This
    Old House

  • Sunset

  • Sunset
    Garden Guide

  • The
    Health Publishing Group


    • Health

    • Hippocrates

    • Coastal
      Living

    • Weight
      Watchers


  • Real
    Simple

  • Asiaweek
    (Asian news weekly)

  • President
    (Japanese business monthly)

  • Dancyu
    (Japanese cooking)

  • Wallpaper
    (U.K.)

  • Field
    & Stream

  • Freeze

  • Golf
    Magazine

  • Outdoor
    Life

  • Popular
    Science

  • Salt
    Water Sportsman

  • Ski

  • Skiing
    Magazine

  • Skiing
    Trade News

  • SNAP

  • Snowboard
    Life

  • Ride
    BMX

  • Today's
    Homeowner

  • TransWorld
    Skateboarding

  • TransWorld
    Snowboarding

  • Verge

  • Yachting
    Magazine

  • Warp

  • American
    Express Publishing Corporation (partial
    ownership/management)


    • Travel
      & Leisure

    • Food
      & Wine

    • Your
      Company

    • Departures

    • SkyGuide


  • Magazines
    listed under Warner Brothers label


    • DC
      Comics

    • Vertigo

    • Paradox

    • Milestone

    • Mad
      Magazine




    Time
    Warner - Music

    Warner
    Music Group - Recording Labels


    • The
      Atlantic Group

    • Atlantic
      Classics

    • Atlantic
      Jazz

    • Atlantic
      Nashville

    • Atlantic
      Theater

    • Big
      Beat

    • Blackground

    • Breaking

    • Igloo

    • Lava

    • Mesa/Bluemoon

    • Modern

    • 1
      43

    • Rhino
      Records

    • Elektra
      Entertainment Group

    • Elektra

    • EastWest

    • Asylum

    • Elektra/Sire

    • Warner
      Brothers Records

    • Warner
      Brothers

    • Warner
      Nashville

    • Warner
      Alliance

    • Warner
      Resound

    • Warner
      Sunset

    • Reprise

    • Reprise
      Nashville

    • American
      Recordings

    • Giant

    • Maverick

    • Revolution

    • Qwest

    • Warner
      Music International

    • WEA
      Telegram

    • East
      West ZTT

    • Coalition

    • CGD
      East West

    • China

    • Continential

    • DRO
      East West

    • Erato

    • Fazer

    • Finlandia

    • Magneoton

    • MCM

    • Nonesuch

    • Teldec

    • Other
      Recording Interests

    • Warner/Chappell
      Music (publishing company)

    • WEA
      Inc. (sales, distribution and manufacturing)

    • Ivy
      Hill Corporation (printing and packaging)

    • Warner
      Special Products





    Joint
    Ventures


    • Columbia
      House (w/Sony - direct marketing)

    • Music
      Sound Exchange (w/Sony - direct marketing)

    • Music
      Choice and Music Choice Europe (w/Sony,
      EMI, General Instrument)

    • Viva
      (w/Sony, Polygram, EMI - German music
      video channel)

    • Channel
      V (w/Sony, EMI, Bertelsmann, News Corp.)

    • Heartland
      Music (50% - direct order of country and
      gospel music)

    • MusicNet
      (with RealNetworks, EMI, and BMG)




    Time
    Warner - Online/Other Publishing


    • Road
      Runner

    • Warner
      Publisher Services

    • Time
      Distribution Services

    • American
      Family Publishers (50%)

    • Pathfinder

    • Africana.com




    Time
    Warner - Merchandise/Retail


    • Warner
      Bros. Consumer Products





    Theme
    Parks


    • Warner
      Brothers Recreation Enterprises (owns/operates
      international theme parks)




    Time
    Warner Inc. - Turner Entertainment

    Entertainment
    Networks


    • TBS
      Superstation

    • Turner
      Network Television (TNT)

    • Turner
      South

    • Cartoon
      Network

    • Turner
      Classic Movies

    • Cartoon
      Network in Europe

    • Cartoon
      Network in Latin America

    • TNT
      & Cartoon Network in Asia/Pacific





    Film
    Production


    • New
      Line Cinema

    • Fine
      Line Features

    • Turner
      Original Productions





    Sports


    • Atlanta
      Braves

    • Atlanta
      Hawks

    • Atlanta
      Thrashers

    • Turner
      Sports

    • Good
      Will Games

    • Philips
      Arena





    Other
    Operations


    • Turner
      Learning

    • CNN
      Newsroom (daily news program for classrooms)

    • Turner
      Adventure Learning (electronic field trips
      for schools)

    • Turner
      Home Satellite

    • Turner
      Network Sales


     


    last
    updated 8/20/03





Tuesday, April 19, 2005

Judicial Nominees: Where Are We
Here, according to Harry Reid...


April 13, 2005
From Harry Reid to Majority Whip Mitch McConnel:
Dear Mitch:

Thank you for your letter yesterday regarding judicial nominations. I assume that your reply to my March 15 letter is not a substitute for Senator Frist's promise over a month ago to offer a compromise for resolving this issue. Democrats anxiously await that proposal.

I wholeheartedly agree with you that there is much important work to be done in the Senate. That is why it is so baffling that Republicans would precipitate this destructive confrontation over the Senate's decision to reject a small number of judicial nominees.

As you well know, the Senate has confirmed 205 of President Bush's judicial candidates and turned back only ten, a 95% confirmation rate. Ten rejected judges - only seven of whom are currently before the Senate - does not seem reason enough for Republicans to break the Senate rules, violate over 200 years of Senate tradition and thereby impair the ability of Democrats and Republicans to work together on issues of real concern to the American people.


April 19th, 1995 - Oklahoma, USA Posted by Hello

Jim Wooten's Column in the April 17th Edition

Atlanta Journal Constitution


Ignore gloom; environment will survive
Published on: 04/19/05

Shocking news! Stop the presses. New data leaked during this Earth Week tent revival reveal previously unacknowledged environmental secrets. Sit down, Mama, the revelations are coming hard and fast:

* Air pollution fell last year to the lowest levels ever recorded in this country.
Note: This is a flat-out lie !

* Bald eagles, down to fewer than 500 nesting pairs in 1965, are now estimated to number more than 7,500 nesting pairs.

Note: The reversal came about due to the banning of DDT in 1978, and the USFW Agency putting the bald eagle on the endangered species list.

* Wetlands, which were disappearing at a rate of about 500,000 acres per year as recently as 1950, have shown a net gain of about 26,000 acres per year in the past five years.

Note: According to the US Geological Survey: "Estimates indicate that today slightly more than 100 million acres of wetlands remain in the conterminous United States. Although the rate of wetland conversion has slowed in recent years, wetland losses continue to outdistance wetland gains."

* U.S. forests expanded by 9.5 million acres between 1990 to 2000. In the eastern half of the United States, land cleared in the 1800s for farming and grazing has been returning to forests at a rate of a million acres a year since 1910. Total forest area has been stable for more than a century.

Note: Area and number of trees is not as important as the VOLUME of the trees in the forest. Old growth trees can have a volume several hundred times larger than a sapling. And while total forest area may not show a significant change, the amount that is currently owned by the public, versus that owned by timber companies does make a very clear statement. "Best and Wayburn maintain that so-called nonindustrial private forestland owners (NIPFs) own 60% of America’s forests and that most biological diversity resides in these forests."

These secrets are reported by scholars working for two public policy think tanks, the Pacific Research Institute for Public Policy in San Francisco and the American Enterprise Institute for Public Policy Research in Washington.

Note: "Secrets"? or spin!

What follows here is something readers and listeners almost never get, especially from commentators on the left breathlessly reporting the latest threat to the welfare state from liberal institutions such as Brookings and the Center on Budget and Policy Priorities. American Enterprise is a center-right think tank; Pacific is conservative.

Once a year, though, as the two organizations have done for a decade now, it is useful to get an assessment of environmental progress that does not constantly equate process with reality. Reporting process — prosecutions of polluters, a decline in Superfund cleanups, more fish-consumption advisories for rivers and lakes — invariably sets up advocacy-group alarmists for they're-all-corrupt and we're-all-dying screeds.

Note: No Sir...just simply look at the historical record here in Atlanta, and graph the trends of negative and positive environmental concerns, and see for yourself whether we are "better off now than we were 5/10/20 years ago". Only a madman could hope to convince a neutral researcher that environmental degradation has not occurred here on a massive scale during the past twenty years, from particle emissions, to concentrations of pollutants in the air, to loss of forest mass, to median land and water temperatures, to bio-diversity, to water quality, to pollutant concentrations in the rivers, lakes, and streams around the Atlanta SMSA.

But as principal author Steven F. Hayward and others note in their national index of environmental indicators, these process of government stories "have no direct linkage to measured environmental conditions or results."

Fish advisories, for example, reflect stepped-up monitoring, but despite having spent $600 billion over the last 35 years on water pollution abatement, the nation lacks the water quality monitoring capability to accurately gauge trends.

Note: Maybe if the budget of the EPA were not being reduced so drastically something could be done about that. According to the NTEU Chapter 280: "Since 1980 the EPA budget has been so strangled that its share of the total federal budget is now less than 50% of what it was in 1980. Meanwhile, EPA's responsibilities have been significantly expanded by new laws passed by Congress."

Ultimately, the greatest missing element in getting past interest-group hype and hysteria is a national Bureau of Environmental Statistics, argues Hayward. At least 15 efforts have been made in Congress to create such an objective fact-gathering body, but all have failed, with environmental groups often leading the opposition, he says.

BS ! This bill, sponsored by Rep. Henry Waxman, proposed in 1993, was referred to a House Committee, where there has been no action on it for over ten years. Unfortunately, the proposed legislation seeks to restructure the EPA, and this is what is causing the problem, not the creation of the proposed BES per se.

This is the point where most conservatives and liberals begin to part company on public policy. Conservatives recognize that money is finite, both ours and the government's. The proper way to spend, therefore, is to gather accurate, measurable data and to apply cost-benefit analysis to proposed solutions. What are we getting in quality-of-life enhancements for the investment we make?

It's what Georgians should expect from transportation spending, from education, and from the environment.

Gov. Sonny Perdue just commissioned a Congestion Mitigation Task Force. Its job is to measure traffic congestion, and to develop cost-benefit standards for selecting projects based on how much relief the public gets for the tax dollar. That same approach should guide where also-limited environmental protection dollars go.

Liberals rely on emotionalism, imagined Big Business-Big Government conspiracies and sympathetic judges to win public policy debates. They hate cost-benefit analysis and are loath to assemble data that might lead the public to conclude that we're not at doomsday's door.

Note: And this fellow is an associate editor, who deals in ad hominum argument supports?

It's OK, though, to be optimistic, to note, as Hayward does, that "the entire nation has met clean air standards for four of the six pollutants regulated under the Clean Air Act, and the areas with the highest pollution levels have improved the most." And of those two, ozone and particulates, ozone pollution in 2004 was at the lowest recorded level in U.S. history.

And, "the EPA's own models project that emissions from the auto fleet will decline by more than 80 percent over the next 25 years."

But enough of these revelations,. Too much good news for the environmentally starved can blow Mama off her chair.
Jim Wooten is the associate editorial page editor. His column appears Tuesdays, Fridays and Sundays.

Note: For an alternate viewpoint consider these:
-Air Quality Conditions Now for Your Area

Historical Air Quality Data for Your Area

Beach Advisories and Closings Online Notification

The Bush Administration's Plan to Allow Logging in the Sequoia Forest, (as seen by the Sierra Club)

Wiki Info On the Kyoto Protocol

As for Mr. Wooten...if he only wanted to editorialize, his article had an audience. If his aim was to provide real substantive information with objective validity, the article did not pass the veracity test. And what's with the Liberal=Bad, Conservative=Good thing? Are those who read your articles simpleminded enough to favor an argument based on whether it's labled by you Good/Bad? I sure hope not!

Monday, April 18, 2005

The Essential Krugman: A Whiff of Stagflation


NY Times Op-Ed
By PAUL KRUGMAN
Published April 18, 2005

In the 1970's soaring prices of oil and other commodities led to stagflation - a combination of high inflation and high unemployment, which left no good policy options. If the Fed cut interest rates to create jobs, it risked causing an inflationary spiral; if it raised interest rates to bring inflation down, it would further increase unemployment.

Can it happen again?

Last week fears of a return to stagflation sent stock prices to a five-month low. What few seem to have noticed, however, is that a mild form of stagflation - rising inflation in an economy still well short of full employment - has already arrived.

True, measured unemployment isn't bad by historical standards, and inflation is in the low single digits. But inflation is creeping up, and it's doing so despite a labor market that is in worse shape than the official unemployment rate suggests.

Let's start with the jobs picture. The official unemployment rate is 5.2 percent - roughly equal to the average for the Clinton years.

But unemployment statistics only count those who are actively looking for jobs. Every other indicator shows a situation much less favorable to workers than that of the 1990's. A lower fraction of the adult population is employed; the average duration of unemployment - a rough indicator of how long it takes laid-off workers to find new jobs - is much higher than it was in the 1990's.

Above all, the weak job market leaves workers with no bargaining power, so they aren't getting ahead: wage increases have been minimal, and haven't kept up with inflation.

Underlying these disappointing numbers is sluggish job creation. Private-sector employment is still lower than it was before the 2001 recession.

Things could be, and have been, worse. But those whose standard of living depends on wages, not capital gains - in other words, the vast majority of Americans - aren't feeling particularly prosperous. By two to one, people tell pollsters that the economy is "only fair" or "poor," not "good" or "excellent."

Why, then, has the Fed been raising interest rates? Because it is worried about inflation, which has risen to the top end of the 2 to 3 percent range the Fed prefers.

What's driving inflation? Not wages: labor costs have been falling, because wages are growing less than productivity. Oil prices are a big part of the story, but not all of it. Other commodity prices are also rising; health care costs are once again on the march. And a combination of capacity shortages, rising Asian demand and a weakening dollar has given industries like cement and steel new "pricing power."

It all adds up to a mild case of stagflation: inflation is leading the Fed to tap on the brakes, even though this doesn't look or feel like a full-employment economy.

We shouldn't overstate the case: we're not back to the economic misery of the 1970's. But the fact that we're already experiencing mild stagflation means that there will be no good options if something else goes wrong.

Suppose, for example, that the consumer pullback visible in recent data turns out to be bigger than we now think, and growth stalls. (Not that long ago many economists thought that an oil price in the 50's would cause a recession.) Can the Fed stop raising interest rates and go back to rate cuts without causing the dollar to plunge and inflation to soar?

Or suppose that there's some kind of oil supply disruption - or that warnings about declining production from Saudi oil fields turn out to be right. Suppose that Asian central banks decide that they already have too many dollars. Suppose that the housing bubble bursts. Any of these events could easily turn our mild case of stagflation into something much more serious.

How do we get out of this bind? As the old joke goes, I wouldn't start from here. We should have spent the years of cheap oil encouraging conservation; we should have spent the years of modest growth in medical costs reforming our health care system. Oh, and we'd have a wider range of policy options if the budget weren't so deeply in deficit.

So if any of these things does come to pass, we'll just have to see how well an administration in which political operatives make all economic policy decisions, and the Treasury secretary is only a salesman, handles crises.

Friday, April 15, 2005

September 19, 2004: Dr. Joe Emerson


"Now lest you healthy people think that that is all you need to do this week, there is a wonderful story that comes out of the sinking of a ship. The life boats were going out. Those of you who know anything about aquatics know that when a ship goes down, there is a great suction that comes, pulling the lifeboats back toward the sinking ship and possibly sinking them.

In one lifeboat, a husky man was wielding an oar when it looked as if they were losing ground and heading back toward the sinking ship. He said to the captain, “I think we ought to pray.” The captain said to him, “Let the little guy pray. You row!” Those of us who are healthy, we not only pray, but we ought to find those things that we can also do.

There are a lot of quaint little sayings about this: “Live each day as though it were your last.” I think a much better version is: “Treat all people you meet this day as though it were their last day on earth.”

Why am I here? Why are you here? What is it that makes us human and that allows us to give ourselves to some cause and interact with each other, to be each other’s brothers and sisters."

Thursday, April 14, 2005

Stocks Plunge to New Lows for the Year
NY Times
By JONATHAN FUERBRINGER
Published: April 15, 2005

The major stock market gauges fell yesterday to their lowest levels this year, as investors worried about slower economic growth. The Dow Jones industrial average dropped 1.2 percent, the Standard & Poor's 500-stock index fell 1 percent, and the technology-heavy Nasdaq composite index closed down 1.4 percent, despite a strong earnings report from Apple Computer.

After the market closed, I.B.M. said that its first-quarter earnings fell short of estimates. The surprising announcement may lead stocks lower today. Shares of I.B.M. fell 5 percent in after-hours trading. The Nasdaq, now down 10.5 percent for the year, has given up all the gains from last year's postelection rally, which turned 2004 to a pretty good year from a bad year for stocks. The Dow, off 4.7 percent on the year, and S.& P. 500, down 4.1 percent in 2005, have given up most of their postelection gains.

"Almost overnight we have gone from worrying about inflation to worrying about economic growth," said Edward E. Yardeni, chief investment strategist at Oak Associates, a money manager.

The Essential Krugman: The Medical Money Pit


NY Times Op-Ed
By PAUL KRUGMAN
Published: April 15, 2005

A dozen years ago, everyone was talking about a health care crisis. But then the issue faded from view: a few years of good data led many people to conclude that H.M.O.'s and other innovations had ended the historic trend of rising medical costs.

But the pause in the growth of health care costs in the 1990's proved temporary. Medical costs are once again rising rapidly, and our health care system is once again in crisis. So now is a good time to ask why other advanced countries manage to spend so much less than we do, while getting better results.

Before I get to the numbers, let me deal with the usual problem one encounters when trying to draw lessons from foreign experience: somebody is sure to bring up the supposed horrors of Britain's government-run system, which historically had long waiting lists for elective surgery.

In fact, Britain's system isn't as bad as its reputation - especially for lower-paid workers, whose counterparts in the United States often have no health insurance at all. And the waiting lists have gotten shorter.

But in any case, Britain isn't the country we want to look at, because its health care system is run on the cheap, with total spending per person only 40 percent as high as ours.

The countries that have something to teach us are the nations that don't pinch pennies to the same extent - like France, Germany or Canada - but still spend far less than we do. (Yes, Canada also has waiting lists, but they're much shorter than Britain's - and Canadians overwhelmingly prefer their system to ours. France and Germany don't have a waiting list problem.)

Let me rattle off some numbers.

In 2002, the latest year for which comparable data are available, the United States spent $5,267 on health care for each man, woman and child in the population. Of this, $2,364, or 45 percent, was government spending, mainly on Medicare and Medicaid. Canada spent $2,931 per person, of which $2,048 came from the government. France spent $2,736 per person, of which $2,080 was government spending.

Amazing, isn't it? U.S. health care is so expensive that our government spends more on health care than the governments of other advanced countries, even though the private sector pays a far higher share of the bills than anywhere else.

What do we get for all that money? Not much.

Most Americans probably don't know that we have substantially lower life-expectancy and higher infant-mortality figures than other advanced countries. It would be wrong to jump to the conclusion that this poor performance is entirely the result of a defective health care system; social factors, notably America's high poverty rate, surely play a role. Still, it seems puzzling that we spend so much, with so little return.

A 2003 study published in Health Affairs (one of whose authors is my Princeton colleague Uwe Reinhardt) tried to resolve that puzzle by comparing a number of measures of health services across the advanced world. What the authors found was that the United States scores high on high-tech services - we have lots of M.R.I.'s - but on more prosaic measures, like the number of doctors' visits and number of days spent in hospitals, America is only average, or even below average. There's also direct evidence that identical procedures cost far more in the U.S. than in other advanced countries.

The authors concluded that Americans spend far more on health care than their counterparts abroad - but they don't actually receive more care. The title of their article? "It's the Prices, Stupid."

Why is the price of U.S. health care so high? One answer is doctors' salaries: although average wages in France and the United States are similar, American doctors are paid much more than their French counterparts. Another answer is that America's health care system drives a poor bargain with the pharmaceutical industry.

Above all, a large part of America's health care spending goes into paperwork. A 2003 study in The New England Journal of Medicine estimated that administrative costs took 31 cents out of every dollar the United States spent on health care, compared with only 17 cents in Canada.

In my next column in this series, I'll explain why the most privatized health care system in the advanced world is also the most bloated and bureaucratic.

Inheritance Tax vs Social Security Funding


From Josh Marshall at www.talkingpointsmemo.com

The point is simple, the logic unassailable. Republicans say they care about Social Security but claim there won't be enough money to make good on the money (your payroll taxes) borrowed from the Social Security Administration.

Today, however, House Republicans voted overwhelmingly to abolish the inheritance tax, a tax that, by definition, only impacts people who inherit money from extremely wealthy forebearers. If passed by the senate this new legislation, which would come into effect in 2012, will cost the Treasury $745 billion dollars during its first ten years. Figure in associated interest on the added debt and the number comes closer to a trillion dollars.

That is about a trillion fewer dollars in the US Treasury over the course of the same decade in which the Social Security Trustees say the SSA will begin (2017) to start drawing on the Treasury notes in the Trust fund to cover scheduled benefits (2020, if you go by CBO estimates.)

There's no hidden complexity here. It's a zero-sum game. They say Social Security is in trouble because we don't have enough dollars to make good on the Trust Fund (which today holds roughly $1.7 trillion in Treasury notes). And here they are voting to take a trillion more dollars off the table.

In other words, they could not care less about Social Security and everything they say on the subject is a joke.

If someone tells you that at least the Republicans have a plan and the Democrats don't, laugh in their faces. The Republican agenda (the actual bills they are passing right now) is to keep weakening Social Security at every opportunity, just like they're doing today. The most constructive thing anyone can do under present circumstances to protect Social Security, the only 'plan' that isn't a joke, is to oppose the Republican agenda in Congress, to stand up and say "do no more harm."

Wednesday, April 13, 2005

School Bus Exhaust Leaks Jeopardize Kids' Health
eMagazine
April 11, 2005
Reporting by Roddy Scheer

Shocked by their own conclusions, researchers from the University of California released a study last week showing that exhaust fumes from school buses were leaking inside the passenger cabins, exposing schoolchildren to significantly higher levels of pollutants than passersby on the streets below.

"In a single day, a child riding a school bus will breathe in anywhere from seven to 70 times more exhaust from that bus than a typical Los Angeles resident will inhale from all school bus emissions in the area," reported Julian Marshall, the Berkeley researcher who led the study of six school buses in and around Los Angeles.

To exacerbate the problem, the vast majority of school buses, like other big rigs, run on diesel fuel, which generates emissions with twice the cancer potency of gasoline-powered engines. According to the U.S. Environmental Protection Agency (EPA), the particulates, or soot, in diesel exhaust cause a host of health problems, including irritation of the eyes, nose and throat; heartburn; headaches and lightheadedness; and asthma and lung disease.

Marshall expressed hope that the findings would spur leaders into enacting more stringent standards. "Because so many children ride school buses, reducing the emissions of these vehicles would give policymakers more bang for their buck than the same reduction of emissions from other diesel vehicles, such as an 18-wheeler or a construction truck," he concluded.

Tuesday, April 12, 2005

Planning a trip to Florida?


Florida eyes allowing residents to open fire whenever they see threat
AFP Wire
Wed Apr 6, 4:11 PM ET

MIAMI (AFP) - The Florida's legislature has approved a bill that would give residents the right to open fire against anyone they perceive as a threat in public, instead of having to try to avoid a conflict as under prevailing law.

Outraged opponents say the law will encourage Floridians to open fire first and ask questions later, fostering a sort of statewide Wild West shootout mentality. Supporters argue that criminals will think twice if they believe they are likely to be promptly shot when they assault someone.

Republican Governor Jeb Bush, who has said he plans to sign the bill, says it is "a good, commonsense, anti-crime issue."

Current state law allows residents to "shoot to kill if their property, such as their home or car, is invaded by an unknown assailant." But it also states that if a resident is confronted or threatened in a public place, he or she must first try to avoid the confrontation or flee before taking any violent step in self defense against an assailant.

The bill, supported by the influential National Rifle Association, was approved by both houses of the Republican-run legislat

What are the qualifications of a scientist?
----------------------------
The word itself will assist. ===> S-C-I-E-N-C-E

Study skills that should be already sharply honed by now

Curiosity and a willingness to revise one's opinions when the facts lead counter to your pet beliefs

Intelligence, because the knowledge base of science is very demanding

Enthusiasm to carry you through those inevitable research disappointments

Never-ending attention to detail that will make your research able to withstand the scrutiny of your peers

Commitment to a life of personal and professional honesty and responsibility

Enduring respect and appreciation for the work of those who paved the way for you

The Essential Krugman: Ailing Health Care


By PAUL KRUGMAN
NY Time Op-Ed
Published: April 11, 2005

Those of us who accuse the administration of inventing a Social Security crisis are often accused, in return, of do-nothingism, of refusing to face up to the nation's problems. I plead not guilty: America does face a real crisis - but it's in health care, not Social Security.

Well-informed business executives agree. A recent survey of chief financial officers at major corporations found that 65 percent regard immediate action on health care costs as "very important." Only 31 percent said the same about Social Security reform.

But serious health care reform isn't on the table, and in the current political climate it probably can't be. You see, the health care crisis is ideologically inconvenient.

Let's start with some basic facts about health care.

Notice that I said "health care reform," not "Medicare reform." The rising cost of Medicare may loom large in political discussion, because it's a government program (and because it's often, wrongly, lumped together with Social Security by the crisis-mongers), but this isn't a story of runaway government spending. The costs of Medicare and of private health plans are both rising much faster than G.D.P. per capita, and at about the same rate per enrollee.

So what we're really facing is rapidly rising spending on health care generally, not just the part of health care currently paid for by taxpayers.

Rising health care spending isn't primarily the result of medical price inflation. It's primarily a response to innovation: the range of things that medicine can do keeps increasing. For example, Medicare recently started paying for implanted cardiac devices in many patients with heart trouble, now that research has shown them to be highly effective. This is good news, not bad.

So what's the problem? Why not welcome medical progress, and consider its costs money well spent? There are three answers.

First, America's traditional private health insurance system, in which workers get coverage through their employers, is unraveling. The Kaiser Family Foundation estimates that in 2004 there were at least five million fewer jobs providing health insurance than in 2001. And health care costs have become a major burden on those businesses that continue to provide insurance coverage: General Motors now spends about $1,500 on health care for every car it produces.

Second, rising Medicare spending may be a sign of progress, but it still must be paid for - and right now few politicians are willing to talk about the tax increases that will be needed if the program is to make medical advances available to all older Americans.

Finally, the U.S. health care system is wildly inefficient. Americans tend to believe that we have the best health care system in the world. (I've encountered members of the journalistic elite who flatly refuse to believe that France ranks much better on most measures of health care quality than the United States.) But it isn't true. We spend far more per person on health care than any other country - 75 percent more than Canada or France - yet rank near the bottom among industrial countries in indicators from life expectancy to infant mortality.

This last point is, in a way, good news. In the long run, medical progress may force us to make a harsh choice: if we don't want to become a society in which the rich get life-saving medical treatment and the rest of us don't, we'll have to pay much higher taxes. The vast waste in our current system means, however, that effective reform could both improve quality and cut costs, postponing the day of reckoning.

To get effective reform, however, we'll need to shed some preconceptions - in particular, the ideologically driven belief that government is always the problem and market competition is always the solution.

The fact is that in health care, the private sector is often bloated and bureaucratic, while some government agencies - notably the Veterans Administration system - are lean and efficient. In health care, competition and personal choice can and do lead to higher costs and lower quality. The United States has the most privatized, competitive health system in the advanced world; it also has by far the highest costs, and close to the worst results.

Over the next few weeks I'll back up these assertions, and talk about what a workable health care reform might look like, if we can get ideology out of the way.

Note: Just a quick example: from a recent episode where I required medical attention from an ambulance, a doctor, and a hospital, in each case, the provider offered me a 20% discount if I paid the bill promptly, (I don't have insurance). The doctor was paid $135, the hospital $295, and the ambulance $565, and this was for a minor fainting episode. Combining the discounts, $200 was the amount that would have been paid or allocated to an insurance company; basically for administrative costs in processing paperwork.

This is a prime example of why the US health care system is so lousy, and why Americans' overpay for "middle-men" 'services' that inflate health care costs, deflate the profesional ethics of doctors, and work to enrich insurance companies to the detriment of society at large.

Per capita spending on health care in the rest of the industrial world is about half of the American rate, and they score higher than we do on most health measurements such as life expectancy, birth defect rates, access to chronic care facilities, perscription drug misuse, and preventative medicine programs. American's consume twice the amount of sedatives, barbituates, and diet pills than any equivalently modern country.

Ambulance companies, pharmacies, drugists, medical equipment and supply manufacturers, insurance companies, hospitals, doctors, dentists, healthcare educational facilites, and support entities are all enjoying a double-digit rate of growth in their incomes, while the average American faces an escallating prospect of having to file for bankruptcy for any serious illness.

In addition, America is spending an unsupportable percentage of its wealth on training healthcare professionals, while denigating the training of engineers, technicians, scientists, and tradesmen. The inordinate rewards and prestige bestowed on the legal, health, and business sections of our society indicate where our priorities are; where a financial manipulator like 'The Donald" far surpasses the attention given to scientists like Steven Chu, or even Francis Crick.

Sunday, April 10, 2005


"But it was all right, everything was all right, the struggle was finished. He had won the victory over himself. He loved Big Brother." Posted by Hello

Saturday, April 09, 2005

As Whoopie suggested...a hum-along


"Every breath you take" - by The Police

"Every breath you take
Every move you make
Every bond you break
Every step you take
I'll be watching you.

Every single day
Every word you say
Every game you play
Every night you stay
I'll be watching you.

Oh can't you see
You belong to me?
How my poor heart aches
with every step you take.

Every move you make
Every vow you break
Every smile you fake
Every claim you stake
I'll be watching you.

Since you've gone I've been lost without a trace.
I dream at night, I can only see your face.
I look around but it's you I can't replace.
I keep crying baby, baby please.

Every move you make
Every vow you break
Every smile you fake
Every claim you stake
I'll be watching you.

Every move you make
Every vow you break
Every smile you fake
Every claim you stake
I'll be watching you"

Tuesday, April 05, 2005

A French Writer Looks at W
...and Sees Him More Clearly Than We


From The Atlantic Monthly
May 2005

The Revenge of the Little Man

He can't manage to say "stem cells" without making a mistake. Stumbles over numbers and acronyms. He has in his expression, in his eyes that are too close together, that faint look of panic that dyslexic children have when they think they're going to make a mistake and will be scolded for it, but they can't stop once they've started. Takes on a fake tough-guy look when he broaches the subject of Iraq. When he utters the word "America" or "army," he stops short—or, rather, stiffens, as if at the sound of an invisible bugle. Now, in Detroit, where he has come to speak to the National Urban League, the black civil-rights organization that has invited him, he frowns with concern when he talks about the city's poor neighborhoods.

I think about all that could be said about the ambivalence of his relationship with the earlier President Bush. I think of the discussion Alan Wolfe and I had the other evening about whether he started the war in Iraq in order to take revenge (Saddam humiliated my father, so I will humiliate Saddam), or in order to issue a huge Oedipal challenge (I'll do what he couldn't do—I'll obey another father, who is higher than my own, and who inspires me to actions he couldn't inspire in my father). The truth is that this man is something of a child. Whether he's dependent on his father, his mother, his wife, or God Almighty, he looks to me this morning like one of those humiliated children Georges Bernanos was so good at creating, showing that their hardness stemmed from their shyness and fear.

That said, watch out. This shy man is shrewd, too. This child is a cunning child. He has the cleverness to call the president of the National Urban League, Marc Morial, by his first name, and to begin his speech, just after a prayer, with praise for the Detroit Pistons, the local basketball team. He has the talent to tell joke after joke and, like a good comedian warming up a difficult audience, to be the first to laugh, noisily, at his own jokes. He has the intelligence to call the two important black leaders who are sitting in the front row, Jesse Jackson and Al Sharpton, by their first names too, to defuse their hostility. He does this also, after admitting that his party must earn the vote of African-Americans, by saying to Reverend Jackson, "You don't need to nod your head so hard at that, Jesse," and to Reverend Sharpton, "It's hard to run for office, isn't it, Al?"; everyone in the audience remembers the battle Sharpton has just lost for nomination by the Democratic Party.

Detroit is a city where Bush has, as he knows, "a lot of work to do" to win the hearts of a community that four years ago voted 94 percent for Al Gore. He is in enemy territory. The 2,000 people present came to see the man but don't share his ideology. Yet the trick is working. His riffs on the "American dream" and on small business; his audacity in attacking the power of bureaucracy and Washington, as if he hadn't been in the White House for four years; his vision of America as a blue-chip corporation in which all people are shareholders, and which wants everyone to get only richer; his talk about Sudan, finally, and about the genocide (though he does not use the word, he says that he will do what he can, if he is elected, to see that the rulers of Khartoum bring an end to the slaughter)—all of that ends up working.

Nerve and naiveté. Tactical cleverness along with a certain candor. A delegate, as we are leaving, in the crush of radio and television teams that are asking the opinions of the attendees: "The son of a bitch—he got us …" Another one: "That was good, the part about Sudan!" That's what strikes me, too, of course. But, even stranger, it's also that look of a resourceful little boy, a bit mischievous, who has to work hard to be a candidate and to be president. I picture him, in his native Texas, as a difficult youth, an average student, rowdy, worrying his parents no end. I imagine him at Phillips Academy, and then at Yale, trailed by a bad reputation as a string-puller and snubbed by the rich sons of East Coast families who find him useful but a little country-bumpkinish. I see him then, quite clearly, as a provincial narcissist and a frustrated dilettante, a bad businessman, an overgrown daddy's boy whom the family manages to save from each of his semi-failures.

When was this pattern reversed? And how? Under whose influence, or under what influence, did the metamorphosis come about for the lover of backfiring cars and drinking bouts with his buddies, for the failure, the nice guy, the man no one for a long time would have thought had a chance of becoming anything at all? How did this man become a formidable machine capable of winning (now twice) the most difficult competition in America and, when it comes down to it, on the planet? There are men—Bill Clinton, for example—you feel were born to be president. Others—John Kennedy—who were formed, trained, for the office. He is the opposite: born to lose; raised above all not to win. And for this change of direction, this late-blooming grace that hasn't even had time to imprint itself on his face, no one has any real explanation—except him, when he talks about "grace," actually. And being born again.

The War on Judges


Irresponsible Rhetoric Can Lead to Tragic Results
by Rep. John Conyers Jr.
April 2005

During the protracted coverage and debate of the Schiavo matter, I was struck by the disrespectful and reckless language being used against judges. One by one, my Republican colleagues took the House floor to attack judges as "unconscionable," lacking "human compassion," needing to be held in "contempt," and having "answering to do." I remember thinking that such dehumanizing rhetoric is especially dangerous in these times towards anyone, let alone judges.

Outside the halls of Congress, words flew even more recklessly and the House Majority Leader Tom DeLay called the removal of Schiavo's feeding tube an "act of medical terrorism." The Reverend Pat Robertson called it "judicial murder."

I remember thinking about Judge Rowland Barnes of Georgia, who less than a month ago, was shot to death by an angry litigant in his courtroom, along with two other court employees. I remember thinking that irresponsible words can lead to tragic results. I thought of Judge Joan Lefkow, whose husband and mother are thought to have been murdered by an aggrieved litigant. Since then, I have been trying to think of the most appropriate forum to gently call this to my colleagues' attention, and to remind them that -- no matter how strong our feelings about individual decisions and cases, we need to be cognizant of the influence we may have -- especially on those that may be disturbed, and we always need to know that -- as elected officials -- our words have consequences.

That was to be a subtle message. It is unfortunate that today my message must be less subtle because things are very quickly spinning out of control.

First, the Majority Leader of the House of Representatives, Tom DeLay, made the outrageous statement, and apparent threat, that "the time will come for the men responsible for this to answer for their behavior." When given repeated opportunities to disavow the interpretation of his comments as a threat or incitement to violence, DeLay has repeatedly declined to do so.

Tonight, my staff showed me a quote from Senator John Cornyn (found on Americablog) that speaks for itself: "And finally, I – I don't know if there is a cause-and-effect connection but we have seen some recent episodes of courthouse violence in this country. Certainly nothing new, but we seem to have run through a spate of courthouse violence recently that's been on the news. And I wonder whether there may be some connection between the perception in some quarters on some occasions where judges are making political decisions yet are unaccountable to the public, that it builds up and builds up and builds up to the point where some people engage in -- engage in violence. Certainly without any justification but a concern that I have that I wanted to share."

This apparent effort to rationalize violence against judges is deplorable. On its face, while it contains doubletalk that simultaneously offers a justification for such violence and then claims not to, the fundamental core of the statement seems to be that judges have somehow brought this violence on themselves. This also carries an implicit threat: that if judges do not do what the far right wants them to do (thus becoming the "judicial activists" the far right claims to deplore), the violence may well continue.

If this is what Senator Cornyn meant to say, it is outrageous, irresponsible and unbecoming of our leaders. To be sure, I have disagreed with many, many court rulings. (For example, Bush v. Gore may well be the single greatest example of judicial activism we have seen in our lifetime.) But there is no excuse, no excuse, for a Member of Congress to take our discourse to this ugly and dangerous extreme.

My message is not subtle today. It is simple. To my Republican colleagues: you are playing with fire, you are playing with lives, and you must stop.

Senator Cornyn and Congressman DeLay should immediately retract these ill considered statements.

The Essential Krugman: An Academic Question


By PAUL KRUGMAN
NY Times Op-Ed
Published: April 5, 2005

It's a fact, documented by two recent studies, that registered Republicans and self-proclaimed conservatives make up only a small minority of professors at elite universities. But what should we conclude from that?

Conservatives see it as compelling evidence of liberal bias in university hiring and promotion. And they say that new "academic freedom" laws will simply mitigate the effects of that bias, promoting a diversity of views. But a closer look both at the universities and at the motives of those who would police them suggests a quite different story.

Claims that liberal bias keeps conservatives off college faculties almost always focus on the humanities and social sciences, where judgments about what constitutes good scholarship can seem subjective to an outsider. But studies that find registered Republicans in the minority at elite universities show that Republicans are almost as rare in hard sciences like physics and in engineering departments as in softer fields. Why?

One answer is self-selection - the same sort of self-selection that leads Republicans to outnumber Democrats four to one in the military. The sort of person who prefers an academic career to the private sector is likely to be somewhat more liberal than average, even in engineering.

But there's also, crucially, a values issue. In the 1970's, even Democrats like Daniel Patrick Moynihan conceded that the Republican Party was the "party of ideas." Today, even Republicans like Representative Chris Shays concede that it has become the "party of theocracy."

Consider the statements of Dennis Baxley, a Florida legislator who has sponsored a bill that - like similar bills introduced in almost a dozen states - would give students who think that their conservative views aren't respected the right to sue their professors. Mr. Baxley says that he is taking on "leftists" struggling against "mainstream society," professors who act as "dictators" and turn the classroom into a "totalitarian niche." His prime example of academic totalitarianism? When professors say that evolution is a fact.

In its April Fools' Day issue, Scientific American published a spoof editorial in which it apologized for endorsing the theory of evolution just because it's "the unifying concept for all of biology and one of the greatest scientific ideas of all time," saying that "as editors, we had no business being persuaded by mountains of evidence." And it conceded that it had succumbed "to the easy mistake of thinking that scientists understand their fields better than, say, U.S. senators or best-selling novelists do."

The editorial was titled "O.K., We Give Up." But it could just as well have been called "Why So Few Scientists Are Republicans These Days." Thirty years ago, attacks on science came mostly from the left; these days, they come overwhelmingly from the right, and have the backing of leading Republicans.

Scientific American may think that evolution is supported by mountains of evidence, but President Bush declares that "the jury is still out." Senator James Inhofe dismisses the vast body of research supporting the scientific consensus on climate change as a "gigantic hoax." And conservative pundits like George Will write approvingly about Michael Crichton's anti-environmentalist fantasies.

Think of the message this sends: today's Republican Party - increasingly dominated by people who believe truth should be determined by revelation, not research - doesn't respect science, or scholarship in general. It shouldn't be surprising that scholars have returned the favor by losing respect for the Republican Party.

Conservatives should be worried by the alienation of the universities; they should at least wonder if some of the fault lies not in the professors, but in themselves. Instead, they're seeking a Lysenkoist solution that would have politics determine courses' content.

And it wouldn't just be a matter of demanding that historians play down the role of slavery in early America, or that economists give the macroeconomic theories of Friedrich Hayek as much respect as those of John Maynard Keynes. Soon, biology professors who don't give creationism equal time with evolution and geology professors who dismiss the view that the Earth is only 6,000 years old might face lawsuits.

If it got that far, universities would probably find ways to cope - by, say, requiring that all entering students sign waivers. But political pressure will nonetheless have a chilling effect on scholarship. And that, of course, is its purpose.

White House ends ABA's role in screening judicial nominees
March 23, 2001
From Kelly Wallace and Major Garrett
CNN Washington bureau

WASHINGTON (CNN) -- The Bush White House Thursday formally ended the American Bar Association's role as an early arbiter of the qualifications for nominees to the federal bench and the Supreme Court.

White House Counsel Al Gonzales notified Martha Barnett, the president of the American Bar Association, as well as the senior Republican and Democrat on the Senate Judiciary Committee, Senator Orrin Hatch (R-Utah) and Senator Patrick Leahy (D-Vermont) by phone and by letter, according to Scott McClellan, White House Deputy Press Secretary. Gonzales also left word for Senator Charles Schumer (D-New York).

"The decision was based on the principle that the American Bar Association should not receive a preferential role over all other interested parties," said McClellan. "We welcome their input and they will continue to have an important role in the process."

The president made the decision Wednesday following a meeting with Gonzales, who met with the American Bar Association Monday to discuss its role screening federal judicial candidates.

In its letter to the American Bar Association, Gonzales said the ABA voice on nominees should not be "heard before and above all others" and that the historic arrangement with previous administrations was "preferential" and neither "appropriate or fair."

"As Senator Biden asked in 1994, 'Why the ABA and not the National Bar Association?," wrote Gonzales. "The same question could be asked with respect to numerous other groups."

The ABA had for 50 years worked as a pre-screening forum for Republican and Democratic administrations, receiving word of potential nominees before any candidates were announced. The ABA's vetting process rated the relative qualifications of nominees to the federal bench and the Supreme Court.

McClellan said the move will not affect timely considerations of nominees since the American Bar Association has regularly said it could review candidates' qualifications in 20 to 30 days.

The Bush White House pointed to examples in the past in which the American Bar Association did not screen federal judicial candidates.

An administration official, who did not want to be identified, said that the past three presidents, Republican and Democrat alike, declined to submit the names of Supreme Court nominees to the American Bar Association standing committee until after the nominees were publicly announced.

The Senate Republican leadership sent a letter to President Bush Thursday "to congratulate" him on ending "the special and underserved role" of the ABA in selecting judges.

"While the ABA has been and remains an important organization devoted to improving the quality of legal practice in this country, its decision to increase its focus on politics has undermined its ability to provide an objective review of judicial nominations and justifies your decision," the letter read.

The official also said Griffin Bell, Attorney General in the Carter Administration, said in a letter to the Senate Judiciary Committee that he believed the bar group should be eliminated from the judicial selection process.

Conservatives have accused the bar association of having a liberal bias, and grew especially angry with the group after it gave a mixed review to Supreme Court nominee Robert Bork in 1987. Bork was not confirmed by the Senate.

The Bush administration said it welcomed the bar association to play the same role as other groups once a nominee is announced.

"The administration fully welcomes the ABA, like other interested parties, to provide suggestions regarding potential judges," wrote Gonzales. "Once the president submits a nomination to the Senate, the ABA like every other interested party is free to evaluate and express its views concerning the president's nominee."

March 1997 : The ABA'S Role in Judicial Selection: A Brief History
by the Federalist Society Article: March 1997

The American Bar Association's Standing Committee on the Federal Judiciary has played a quasi-public role in the evaluation of putative nominees to the federal bench for nearly 50 years. It has advised both the Senate and the President regarding the qualifications of individuals under consideration for appointment to the Supreme Court as well as all Article III lower federal courts.

Presidents and the Senate have regularly sought evaluations from the Standing Committee, and those evaluations have generally received great weight during the judicial selection and confirmations process. No other group has ever played such an institutionalized role in the judicial appointments process.

The ABA's role began in 1947 when the Chairman of the Senate Judiciary Committee, Senator Alexander Wiley, invited the ABA's Special Committee on the Judiciary to testify or make recommendations respecting judicial nominations sent to the Senate and scheduled for hearings. The executive branch began calling on the ABA for its evaluations in 1952, when Attorney General James McGranery agreed that the Justice Department would obtain the ABA Committee's views before deciding whether to nominate one to the bench.

Early on the ABA Committee focused its attention on the professional competence and ethical integrity of the putative nominee most likely to be nominated by the President for an open seat on the federal bench. Up until 1958, the Committee only would rate a nominee as "Qualified" or "Not Qualified." In 1958, though, the ABA Committee began reviewing the qualifications of all persons being seriously considered for an open seat on the federal bench, and rating designations were expanded to include "Well Qualified" and "Exceptionally Well Qualified."

During the Carter administration there was much more widespread participation in the judicial selections process by other groups and the nomination and confirmation process received much greater publicity. For example, President Carter established regional judicial nominating commissions which were charged with the responsibility of seeking out well qualified women and minority candidates for the federal bench. In particular, the Judiciary Committee created a special investigative unit which was responsible for studying the backgrounds of nominees.

In the midst of these developments, the ABA published its guide, Standing Committee on the Federal Judiciary: What It Is and How It Works. In pertinent part, the booklet described the standards to be used in evaluating nominees to the bench. Nominees to the Supreme Court would be scrutinized based on their "professional competence, judicial temperament, and integrity," and the publication further stated that the ABA Committee would "not attempt to investigate or report on political or ideological matters. . . ." The booklet sets forth the same standards for nominees to the lower federal courts.

In August 1980 the ABA Standing Committee changed the descriptions of its standards in two respects. First, the evaluations process would be directed "primarily"-but not exclusively-to the professional qualifications of "competence, integrity, and judicial temperament." Second, the booklet qualified the Standing Committee's earlier guarantee that it would not consider political or ideological views. The Committee now stated that it would "not investigate the prospective nominee's political or ideological philosophy except to the extent that extreme views on such matters might bear on judicial temperament or integrity."

From 1981-1992, the ABA's role in the judicial appointments process underwent further change. In the area of Supreme Court appointments, for example, the Reagan administration discontinued the longstanding practice of seeking pre-nomination evaluations of prospective nominees. Nonetheless, commentators widely agree that the ABA continued to have a very influential role in the judicial nomination and confirmation process. In particular, it was the general practice of both the Reagan and Bush administrations not to nominate an individual to the lower federal courts if the ABA Standing Committee warned that the individual would be deemed "Not Qualified."

The 1980s marked a period of increased debate regarding the ABA's role in the judicial selection process. Many attacked the ABA for taking into account the political and ideological views of putative nominees. Three incidents during the 1980s are frequently cited by those who charge that the ABA evaluations process was politically biased. First, in 1985, it became evident that the ABA Standing Committee was seeking comments on prospective nominees from various interest groups on the liberal side of the political spectrum. After turning down a request from the conservative Washington Legal Foundation to see the names of prospective nominees being reviewed by the ABA, the Standing Committee discontinued the formal practice of consulting with outside groups.

Second, in December 1986, several newspapers revealed that the ABA Standing Committee had asked James Graham, who had been nominated to serve on the U.S. District Court for the Southern District of Ohio, about his religious beliefs. This prompted then ABA President Eugene Thomas to srtate that he had hoped to meet with the Reagan administration "to talk about refining the ABA's role in the judicial selection process."

Third, in September 1987 a substantial minority of the Standing Committee deemed Judge Robert Bork "Not Qualified" to serve on the Supreme Court. According to the confirmation hearings statement of the chairman of the ABA Standing Committee, Harold Tyler, Judge Bork had been so rated by the minority of the Standing Committee "not because of doubts as to his professional competence and integrity, but because of its concerns as to his judicial temperament, e.g., his compassion, open-mindedness, his sensitivity to the rights of women and minority persons and comparatively extreme views respecting Constitutional principles or their application, particularly within the ambit of the Fourteenth Amendment." This was the first time in over a decade that the ABA Standing Committee had encountered any dissent over a Supreme Court nominee, and the negative rating ignited a firestorm of controversy.

Some weeks after the Bush administration entered office, Attorney General Richard Thornburgh urged the Standing Committee to strip the ratings process down to simply rating nominees as "Qualified" or "Not Qualified." The Bush administration refused to send the ABA the names of prospective nominees until the Standing Committee deleted from its standards the reference to consideration of political or ideological factors. ABA President Robert Raven proposed deleting the following language from the Standing Committee's standards: "Political or ideological philosophy are not considered, except to the extent that they may bear upon other factors." Mr. Raven said that he believed such a change would "put to an end the erroneous charge that the ABA Committee has investigated the political or ideological views of candidates." Later, the ABA also agreed to delete the "Extremely Well Qualified" rating for nominees to the lower federal courts.

Since 1989, the ABA's judicial evaluations apparatus has been the subject of occasional scrutiny and criticism. Nonetheless, it was not until Senator Orrin Hatch's February speech to the University of Utah Law School and his subsequent letter to Senate Judiciary Committee members that the ABA's historic role had been directly assaulted.

What is the ABA's role in evaluating judicial candidates?

The American Bar Association Standing Committee on Federal Judiciary evaluates the professional qualifications of people who have been nominated for appointment to the federal judiciary. The Committee never proposes candidates for nomination, but reviews only those whose names have been given to the Committee as either potential nominees or nominees. The Committee reviews only issues bearing on professional qualifications - legal competence, integrity, and judicial temperament. Philosophy or ideology plays no part in the Committee's evaluation.
How did the ABA get involved in the process of evaluating candidates for the federal judiciary in the first place?

In 1948 the ABA created an independent Committee to evaluate the professional qualifications of federal judicial nominees. In 1953, President Eisenhower's Attorney General, Herbert Brownell, and his Deputy Attorney General, Byron White, concluded that the Administration needed an independent review body to examine the professional qualifications of potential nominees to the federal bench, to assist the Administration and the President in resisting pressures to repay political debts by appointing to the federal bench people who were not of sufficient caliber. They concluded that the ABA Standing Committee should play that role, which it did for the next half-century, for nine Administrations, Republican and Democratic alike.
What does the Committee do?

The Committee investigates and evaluates the professional competence, integrity and judicial temperament of nominees to the federal bench. The Committee examines a nominee's analytical ability, knowledge of the law, and breadth of professional experience by reviewing their legal writings and speaking to the colleagues of the bench and bar. In a typical investigation, the Committee interviews about 40 lawyers, judges and others familiar with the nominee. A more complex investigation may result in well over 100 interviews. At the conclusion of all inquiries, a formal report, containing a description of the candidate's background and summaries of all interviews, is sent to all Committee members for their consideration. The Committee then votes the nominee "qualified," "well qualified," or "not qualified." When performing this work for prior Administrations, this rating was given to the President on a confidential basis. The Committee never revealed its rating. The ratings became public only when the President made a nomination to the Senate and the Senate Judiciary Committee released the rating. The 15 Committee members, all volunteers, typically devote roughly 1000 hours each per year to this activity.
How do ABA policy positions enter into its investigations?

Setting aside the issue of characterizing the more than 1,000 public policy positions the Association has taken on matters of law and the administration of justice, the fact is the ABA's policies don't enter into the Committee's work at all. The Committee never considers ABA policies in any way in its deliberations. Those policies are not relevant to the Committee's investigation of a nominee's professional qualifications. The only relevant questions are about the nominee's professional competence, integrity and judicial temperament. The Committee works independent of the policies and other activities of the ABA.
But doesn't the Committee report to the ABA and its officers?

No. The Committee is appointed by the ABA president based on their professional reputations and their commitment to this vital public service, which requires an enormous investment of time and energy, not on the basis of their politics. And once appointed the Committee's work is entirely independent. In the past, when the Committee was given the name of a potential nominee before it was made public, no one not on the Committee knew who the Committee was investigating, or what the investigation was showing, or what rating the Committee had given, until and unless the President forwarded the nomination to the Senate for its advice and consent. At that time, the Committee's rating was sent to the members of the Senate Judiciary Committee and became public, and the ABA and its officers learned about it at the same time as the rest of the world. Under this Administration, no one not on the Committee will know what the investigation shows or what rating is given until it is finalized.
Does the Committee look at the politics or ideology of judicial nominees?

Absolutely not. The Committee takes very seriously its responsibility for providing an impartial evaluation of a candidate's professional competence, judicial temperament and integrity. The Committee's practices and procedures are structured to achieve this goal, and do not permit consideration of philosophy or political ideology in any evaluation. That is why, until now, the Committee has been asked by every president for the last 50 years, Republican and Democrat alike, to provide an evaluation of the professional qualifications of virtually every judicial nominee to the federal bench.
What does the record show?

Since 1960, the ABA has rated almost 2,000 persons formally nominated by the last nine Presidents either "qualified" or "well qualified." Of the 26 nominees the Committee found "not qualified," 23 were nominees of Democratic Presidents and 3 were nominees of Republican Presidents.
How many potential candidates were never nominated because of the Committee's evaluation?

No one knows, as the information is never revealed.
Has the evaluation process itself ever been evaluated?

A 1996 national bipartisan study, conducted by the University of Virginia's Miller Center for Public Affairs, found that "although the role of the American Bar Association's Standing Committee on Federal Judiciary has been criticized, alternatively by liberals and conservatives, the Committee does serve a useful function in evaluating the professional qualifications of judicial nominees." The commission spent almost two years reviewing the selection process for federal judges, and made a number of recommendations aimed at lessening the role of politics and streamlining the increasingly prolonged process of appointing federal judges. That commission included prominent members of Republican and Democratic administrations, members of Congress, former White House Counsel and former federal judges.
Who makes up the Committee?

Appointments to the Committee are based on only one criterion - excellence. ABA presidents seek out members with outstanding reputations for competence and integrity, and who enjoy the utmost confidence and respect in their communities. A snapshot of the Committee at any given time will disclose members who are active in the practice of law; who have a thorough understanding of the federal court system; who are well-rounded, unbiased and discreet; and who spend roughly 1,000 hours per year, on a pro bono basis, on this vital public service.
How do they keep politics out of the highly political process of selecting federal judges?

In order to avoid compromising its position as a neutral evaluator, the Committee has established several important operating principles:

* Neither the ABA nor the Committee ever proposes or recommends candidates for the federal judiciary
* Each Committee member does all his or her Committee work personally
* The Committee reports its results to the Administration and the members of the Senate Judiciary Committee if the nomination is forwarded by the President when the investigation is final, and not to any ABA officer or governing body
* As a condition of appointment, each member agrees not to seek or accept federal judicial appointment while on the Committee, and for at least one year thereafter
* All Committee members must refrain from partisan political activity on the federal level, including not making campaign contributions.
* No member of the Committee may be an officer of the ABA or a candidate for such office while serving on the Committee.

Chief Justice argues against a vetted judiciary


Wednesday, June 18, 2003
CREDIT: Glenn Lowson, National Post

Chief Justice Beverley McLachlin says judges should not be elected and should interpret laws within the constraints of the legal system.

TORONTO - Fears that activist judges have usurped the power of politicians are "misconceived" and demonstrate ignorance of the judiciary's role in democracy, the Chief Justice of the Supreme Court of Canada said yesterday.

Beverley McLachlin said judges interpret laws, not draft them, and thus should not be held politically accountable for their decisions on such divisive issues as abortion, native rights and same-sex marriage.

She accused those who promote an elected judiciary of leading the courts toward a dangerous ''majoritarianism'' at the expense of democracy.

If judges were to be elected or face other political vetting, she said, they would fall under the influence of political parties and, as has been seen in the United States, temper their judgments according to their prospects of re-election or promotion.

"In a pluralistic constitutional democracy, majorities are not permitted to impose their moral values, their conception of the good life, at the expense of those who do not control political life," she said in a speech to the Canadian Club in Toronto.

"Let me urge that whatever changes we make [to the appointment process], we avoid politicizing the judiciary, and eschew the seductive yet pernicious tendency to merge the judicial and political roles."

The debate over judicial appointments has reached a turning point, she said.

The recent Ontario Court of Appeal ruling that allows gays to marry will give fuel to the commonly cited fear that judges are becoming unelected legislators, while the appointment to replace the retiring Mr. Justice Charles Gonthier on the Supreme Court will give immediacy to concerns about the selection process for the country's top judges, who are appointed by the prime minister.

A few hours after Judge McLachlin's speech, Jean Chrétien, the Prime Minister, announced the government will not appeal the Ontario court ruling. Instead, it will draft legislation to legalize same-sex unions and ask the Supreme Court to rule on its constitutionality before putting it to a free Parliamentary vote.

Professor Kent Roach, a University of Toronto law professor and expert on the judiciary, said the government's decision yesterday not to appeal or propose a different solution is a setback for advocates of elected, accountable judges, because the government appears to have "capitulated." Critics of the status quo have accused judges of reading into the law more than is there and using their own opinions to guide their decisions, while politicians stand idly by, he said.

Election for judges is often touted as a way to ensure the will of the people comes through in court decisions, but Justice McLachlin said judges should be unelected, "independent arbiters," who interpret laws within the constraints of the legal system that gives them their power.

"This activity of interpretation is more than simply deciding what these and those words mean," she said. Rather, it involves assigning meaning where it is unclear, applying straightforward laws to complex situations, harmonizing laws that appear to be in conflict, and determining whether challenged laws are constitutional.

"All this is high level, specialized, intellectual work," she said. "Contrary to public myth, judges do not pluck meanings from the air according to their political stripe.... The judge is more like a gardener, shaping and nurturing the plants so that they grow as intended, occasionally pulling out a weed that offends the plan on which the garden is based."

Justice McLachlin is considered one of the court's most legally conservative and independent jurists. She wrote the dissenting opinion -- that natives do not have the right to fish when and where they choose -- in the controversial Marshall case that expanded native fishing rights. She also wrote the 1991 decision that said the now-overturned "rape-shield" law treats men unfairly.

Prof. Roach said most judges would agree with her description of constrained power, but supporters of judicial reform cast doubt on how effective the constraints are, if there can be no consequences or accountability.

"Critics of judicial activism on all sides of the political spectrum say that that really underestimates the power that judges have to make the constitution in their own image," he said. "So what's coming through in judicial decisions, the critics would say, are the values of the judges as opposed to the values of the law."

Monday, April 04, 2005

A Modest Proposal


Since we have arrived at a time where all political actions on the County, State, and National arenas are exclusively or overwhelmingly along party lines, and made by professional politicians geared toward adherence to the agenda of their national party, it seems we should dispense with pretending there is any value in maintaining several hundred thousand politicians passing laws that any reasonable third-party would strike down on first view. Keep one Democrat and one Republican for each legislative body, and the only laws that can be put on the books is when both agree it should be added. And include absolute term limits on elective office holders: a maximum of eight years regardless of position. If a legislator wants more than eight years, they would have to move to either the judiciary, or the executive branches of government where they could again serve a maximum of eight years.

Georgia: A State Well On it's Way...


A problematic solution for nonexistent problem
AJC Opinion
By M. KASIM REED
Published on: 04/03/05

As a young lawyer just beginning my career, I got a piece of advice from a senior attorney and future mentor. "The truth often takes time," he told me, and his words have stayed with me ever since. They teach me that a simple story or idea that sounds good at first blush may not be good at all.

Such is the case with House Bill 244.

I serve on the State and Local Governmental Operations Committee, which first heard HB 244 and its Senate companion bill. At no time during any of these hearings did the bill's proponents cite even one example of voter fraud that would have been prevented by HB 244. After hearing almost no meaningful testimony, the committee passed the bill along partisan lines, with every Republican supporting it and every Democrat opposing it.

During the presentation of this bill on the Senate floor, it became clear that it was riddled with problems and inconsistencies.

First, it contains no voter education component to let the public know that the forms of acceptable identification have been reduced from 17 to six. So a senior citizen who voted with his or her Social Security card in 2004 could be turned away from the polls in 2006 because he or she was never told that rules had changed. Significantly, Republicans have brought forward strikingly similar bills in Wisconsin and Indiana. It is doubtful these efforts are a coincidence.

Second, in the same bill, Republicans expanded the potential for election fraud by stripping away restrictions related to absentee ballots. Notably, cases related to absentee ballots constitute the largest number of verifiable cases of fraud in Georgia, including the Dodge County vote-buying case that was erroneously claimed as justification for this bill.

In that case, about 15 percent of ballots issued were absentee. By removing restrictions related to mailed absentee ballots, HB 244 opens a greater opportunity for fraud. Skeptics might point out that absentee voters have historically voted for Republicans in higher numbers.

Third, Georgia is one of 13 states covered by the Voting Rights Act of 1965 because of its well-documented history of denying or interfering with African-Americans' right to vote. The Voting Rights Act specifically outlaws tests and devices, such as poll taxes and literacy tests, ensuring that the registration process is free from discriminatory barriers. Requiring additional, unpublicized forms of identification at the polling place inevitably creates similar barriers for African-Americans and other minority voters.

The statistics to prove this are striking. Rural Georgians will be harmed because only 50 of Georgia's 159 counties have a Department of Motor Vehicle Safety office, forcing people in rural areas to travel significant distances to acquire acceptable identification. The elderly are also harmed by HB 244, because 36 percent of Georgians over 75 do not have a driver's license.

Fourth, this is not simply about a photo ID. It is about the Republican majority dictating to Georgians that we can only use the form of ID that Republicans select. Proponents fail to mention that we can no longer use a valid student ID containing a photo, a valid employee ID containing a photo or a Social Security card as acceptable forms of identification. They repeatedly refer to a utility bill or a bank statement to justify the need for the changes. If those two forms of ID are troubling, let's do away with them. But HB 244 is a mandate to use Republicans' preferred form of ID, one that happens to harm senior, rural, minority and young voters.

Finally, let me say clearly that I do not believe my Senate and House colleagues are racist. I do not see a racist around every corner, and I believe that more often than not, the helping hand we need is at the end of our own wrist. But that will never prevent me from opposing a bill that weakens a fundamental right for Georgians.

HB 244 passed despite all of our work to defeat it. I thought of my mentor. "Do the very best you can, the best you know how. Don't give up and remember: The truth often takes time." I believe that Georgians are learning the truth about HB 244.

When facts collide with beliefs . . .
Atlanta Journal Constitution
by Jay Bookman
Published on: 04/04/05

The autopsy of Terri Schiavo should confirm beyond scientific doubt that most of her cerebral cortex had turned to fluid, meaning it would have been impossible for her to recognize visitors, try to speak, make eye contact or perform any of the other basic human functions attributed to her.

If so, it raises an intriguing question: Once confronted with incontrovertible proof that they were wrong on a claim they stressed so hard, will House Majority Leader Tom DeLay (R-Texas) and others rethink their position on Schiavo's fate? Will they entertain even the slightest of regrets for their angry, self-righteous rhetoric?

Not a chance.

In our post-factual world, something as straightforward as an autopsy report won't have any impact whatsoever. Conclusions have become immune to facts; for too many, the only facts that are valid are those that confirm what they already "know" to be true.

Examples of that mind-set are all too easy to find. Just last week, a presidential commission tried to explain how our intelligence agencies and top government officials could have gotten things so wrong about Iraq. By its account, once our leaders convinced each other that Iraq possessed WMD and was pursuing nuclear weapons, the only "facts" they were willing to consider were those confirming that cherished belief.

As the commission put it, our government was crippled by "a culture of enforced consensus."

That's a chilling phrase, not least because "culture of enforced consensus" describes so much of what goes on these days. For example, it describes perfectly what happened during the 2004 campaign, when only die-hard supporters of President Bush were allowed to attend his rallies.

More alarming still, that same tactic is being used in the president's "nonpartisan" appearances as he tries to build support for his faltering Social Security plan. In North Dakota, 40 local people were barred from the president's "town meeting" not for security reasons, but because they might have dared to disagree. In Denver, three citizens were escorted out of the president's audience because they had driven up to the event in a car bearing a "No Blood for Oil" bumper sticker. That was evidence enough to bar them from meeting with their president, at an event paid for with their tax dollars.

In a way, this is nothing new — not unique to our time and place. The Catholic Church was enforcing the consensus of the 17th century when it intimidated Galileo into recanting his finding that the Earth revolved around the sun. Today in India, Hindu nationalists are forcing the government to rewrite the nation's history books to falsely minimize the contributions of India's Muslim minority.

In both cases, historic and scientific fact were perceived as threats to what people wanted very much to believe, so the facts were repressed.

There are disturbing echoes of that phenomenon here in this country as well. It helps explain how 70 percent of Bush voters still clung to the belief on Election Day that WMD had been found in Iraq. It also explains the push to introduce "intelligent design" into classrooms as an alternative to evolution. Unable to win the debate within science, a field that requires evidence and logic, intelligent design proponents prefer to argue in less rigorous settings where political pressure can be brought to bear, such as local school boards. As in India, their motivation is less a search for truth than an effort to impose a comforting cultural consensus.

Within the Republican Party, that "culture of enforced consensus" has even been expanded to require unquestioning support for the embattled DeLay, who is facing a multitude of legal woes ranging from political money-laundering to taking expensive foreign junkets from lobbyists.

"Conservative leaders across the country are working now to make sure that any politician who hopes to have conservative support in the future had better be in the forefront as we attack those who attack Tom DeLay," according to Morton Blackwell, a member of the Republican National Committee.

Apparently, conservatives will not be free to consider the considerable evidence against DeLay; to even entertain doubt about his innocence will be considered betrayal.

It's a tactic that Galileo would recognize immediately

Sunday, April 03, 2005

Medicaire: Doctors Lobbying to Halt Cuts to Medicare Payments


NY Times
By ROBERT PEAR

WASHINGTON, April 3 - Doctors are mobilizing a nationwide lobbying campaign to stave off cuts in their Medicare fees as Congress hunts for ways to rein in the soaring cost of the insurance program.

Because of a quirk in federal law, Medicare will cut payments to doctors by 4 percent to 5 percent in each of the next six years, Bush administration officials say.

"This is a very difficult problem," Michael O. Leavitt, the secretary of health and human services, said last week. "Unless something changes, there will be quite substantial reductions in physician fees."

Doctors said that if the cuts took effect, they would be less likely to treat Medicare patients because the payments would not cover the costs of care.

Dr. Nancy H. Nielsen, the speaker of the House of Delegates of the American Medical Association, said the cuts "would have a devastating effect on access to care" for elderly and disabled patients.

The association is urging its members to make telephone calls and send e-mail messages to Congress, which reconvenes this week, and it has organized a nationwide network of patients to "help stop the cuts." It has also devised posters for display in doctors' offices, saying that the cuts threaten "physicians' ability to serve Medicare patients in the future."

Any action by Congress would affect beneficiaries and perhaps other taxpayers as well. Premiums are adjusted each year to cover about 25 percent of Medicare spending for doctors and other health care professionals. So if Medicare pays doctors more, premiums will rise even more than projected under current law.

The basic premium, $78.20 a month, has increased 33 percent in the last two years. The Bush administration predicts that premiums next year, for basic coverage and the new prescription drug benefit, will total about $125 a month, or $1,500 a year.

Advocates for Medicare beneficiaries are torn. They express alarm at the prospect of higher premiums. But they worry that doctors will refuse to take new Medicare patients if payments are cut.

"Rising Medicare costs have a direct impact on premiums," said Ronald F. Pollack, the executive director of Families USA, a liberal-leaning consumer group. "But if payments to doctors are cut significantly over several years, beneficiaries could have problems gaining access to physicians, especially in rural areas."

John C. Rother, the policy director of AARP, said that a modest increase in Medicare payments to doctors might be appropriate. But Mr. Rother said: "The cost should not be factored into the premiums for beneficiaries. Given the extraordinary increase in premiums in recent years, we cannot tolerate much more."

The latest annual report from the Medicare board of trustees, issued on March 23, said that federal law, as it now stands, would produce "physician payment updates of about minus 5 percent annually for six consecutive years, beginning in 2006."

Those are not just reductions in the rate of growth, but cuts in fees that would be paid for each service - a cumulative reduction of 26 percent by 2011.

Doctors say Medicare should pay them more because they are spending more for supplies, office personnel and malpractice insurance. In official estimates of federal spending and the deficit, Congress and the Bush administration have assumed a continuation of current law, which calls for the cuts in doctors' fees. Just to keep fees at current levels would thus generate new costs under the accounting rules used by the government.

A confidential memorandum to Mr. Leavitt describes the situation this way: "Keeping Medicare physician fees at the current 2005 level - a 10-year freeze - would cost about $110 billion in federal dollars, increase the federal deficit by the same amount, and increase beneficiary premiums by about $35 billion."

General tax revenues cover about 75 percent of the cost of Part B of Medicare, which pays for doctors' services. Congress is under immense pressure to reduce the budget deficit, but lawmakers listen closely to their physician constituents, and many see merit in the doctors' concerns.

"The current Medicare payment system for physicians is unsustainable," said Representative Nancy L. Johnson, Republican of Connecticut and the chairwoman of the Subcommittee on Health of the Ways and Means Committee. "We cannot allow Medicare's payments to doctors to fall through the floor while the cost of providing care continues to rise."

Representative Pete Stark of California, the senior Democrat on the subcommittee, said Congress should proceed with caution. By increasing the number and complexity of the services they provide, he said, doctors can maintain or increase their incomes even if the fee for each procedure is reduced.

In more than two decades of work on Medicare, Mr. Stark said, he has found that medical societies are far more likely to seek "more money for their members" than to lobby for legislation to help their patients or the uninsured.

Many doctors, like cardiologists and ophthalmologists, depend heavily on Medicare. But fees paid by private insurers and other government programs are often linked to the Medicare fee schedule. So Medicare policy has implications that extend beyond the 41 million beneficiaries.

The impending cuts are an unintended result of a complex formula used to pay doctors. The formula sets goals for spending each year, based on economic growth and other factors. If spending repeatedly exceeds the goals, Medicare reduces the fees that would otherwise be paid in later years.

As Congress considers ways to slow the growth of Medicare, doctors find themselves competing against hospitals, nursing homes and other health care providers for a limited pot of money.

"Physicians have a very legitimate concern that needs to be addressed," said Richard J. Pollack, the executive vice president of the American Hospital Association. "But the doctors' problem should not be solved by cutting Medicare payments to hospitals. That would just create another set of problems."

William A. Dombi, vice president of the National Association for Home Care, said he worried that Congress would help finance an increase in payments to doctors by imposing a co-payment on home health services. Home care agencies and advocates for the elderly say such a co-payment would amount to a "sick tax."

The Medicare formula, established under laws passed in 1989 and 1997, was supposed to establish a "sustainable growth rate" for spending on doctors' services.

But Glenn M. Hackbarth, the chairman of the Medicare Payment Advisory Commission, an independent federal panel, said the formula had severe flaws. It sets a national goal for spending, with "no incentive for individual physicians to control the volume of services" they provide, he said.

Mr. Hackbarth added, "And it is inequitable because it treats all physicians and regions of the country alike."