Monthly Archives: March 2012

While We Wait, a Prediction

29 Thursday Mar 2012

Posted by in health care, Supreme Court

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Now that the Supremes have finished hearing arguments and begin to deliberate the fate of the Affordable Care Act it seems to be the time for predictions on how they’ll rule, so I’ll throw in my $0.02 worth.

I see a 5-4 decision to not only throw out the individual mandate but the entire law. The reason being that without the individual mandate the entire law collapses. Justice Scalia said as much when he remarked about the “cruel and unusual punishment” which would be forced upon the Court if they had to go through all 2,700 pages of the ACA and decide what stays and what goes.

Some of the so-called “experts” who have been following the proceedings have opined that the Supreme Court would be overstepping its bounds and ignoring precedent to make such a sweeping move. I would ask those who hold this belief if they were asleep when the Citizens United decision came down. That’s exactly what the Court did in that instance. They ignored 100 years of precedent in campaign finance law and expanded the scope of their decision well beyond the parameters of the original case in throwing out almost all limits and restrictions on contributions and doing away with transparency concerning those contributions.

So what will result from overturning the ACA? I would like to think it would be a starting point for Democrats to begin a push toward some kind of a single-payer system, but that would require backbone, something I haven’t seen much evidence of, so I doubt seriously it will happen. The more likely outcome will be that reforming our broken system will be viewed as politically toxic and one will want to touch it for the foreseeable future. Until the foreseeable future meaning the time when the entire for-profit health care system collapses, which it inevitably will.

We’ll go back to the pre-ACA system where premiums skyrocket and coverage decreases every year until health insurance will become one more thing that is limited to those privileged few who can afford it. Those who can’t are just SOL. Insurance will become so costly that employers will stop providing it, the premiums will be so expensive that employees who are dropped won’t be able to purchase it, and those with pre-existing conditions won’t be able to get coverage at any price. The only care available to most people will be by way of the ER, and those will be so swamped with patients and so burdened by the costs that they will be forced to close. That may sound like gloom and doom but I don’t see any other alternative.

With the demise of the ACA and its Medicaid requirement on the states, conservatives and their ‘drown government in a bathtub’ pied pipers will also use the Court decision as a jumping off point to not only do away with that program but Medicare, Social Security and any number of other government programs as well. They will argue the constitutionality of anything that contains any form of government mandate, and if those cases come before this Court I don’t have much doubt that the outcomes will be similar.  Again, sorry to be so pessimistic but I don’t see much reason for optimism.

In closing, I have to make a comment on something James Carville said that just pisses me off, and makes for a sad commentary on the state of partisan politics in this country:

“I think that this will be the best thing that ever happened to the Democratic party because health care costs are going to escalate unbelievably,” said Carville. “Just as a professional Democrat, there’s nothing better to me than overturning this thing 5-4 and then the Republican party will own the health care system for the foreseeable future. And I really believe that. That is not spin.”

No, that’s not spin, it’s stupidity. And it’s not said as a “professional Democrat” but as a professional ignoramus.  It may or may not be a good thing for the Democratic party, Mr. Carville, but will it be “the best thing that ever happened” to the millions who are going to join the ever-increasing ranks of the uninsured because of those escalating costs? What about for those young adults who can no longer be covered by their parents policies or the people for whom Medicaid is their only access to health care?

No matter who “owns the health care system” and who gets the blame sick people won’t be able to get treatment and some will die for lack of care. But who cares about that, it’s more important that political points are scored. That sounds like something John Boehner or Mitch McConnell would say.

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Membership Has Its Privileges

28 Wednesday Mar 2012

Posted by in Congress, Goldman Sachs, too big to fail, Wall Street

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As they say in the American Express commercials, membership has its privileges. Membership in the Big Club is no different. It allows you to do things like ignore six subpoenas from the Feds:

“U.S. securities regulators accused Wells Fargo & Co on Friday of repeatedly ignoring its subpoenas for documents in connection with a probe into the bank’s $60 billion sale of mortgage-backed securities.

The Securities and Exchange Commission’s filing in a San Francisco federal court seeks to compel the fourth largest U.S. bank to hand over documents. The SEC said it has issued several subpoenas since September…According to the SEC’s Friday filing against Wells Fargo, the agency has issued six subpoenas to Wells Fargo since September 30.”

Try that one time and see what happens to you. Membership also allows you to lie to Congress without any fear of repercussions:

“Jon S. Corzine, MF Global’s chief executive officer [also former CEO of Goldman Sachs as well as New Jersey’s former governor and senator], gave “direct instructions” to transfer $200 million from a customer fund account to meet an overdraft in a brokerage account with JPMorgan Chase & Co., according to a memo written by congressional investigators.

Edith O’Brien, a treasurer for the firm, said in an e-mail quoted in the memo that the transfer was “Per JC’s direct instructions,” according to a copy of the memo obtained by Bloomberg News. The e-mail, dated Oct. 28, was sent three days before the company collapsed, the memo says.

[..]

Corzine, 65, in testimony in front of the House panel in December, said he did not order any improper transfer of customer funds. Corzine also testified that he never intended a misuse of customer funds at MF Global, and that he doesn’t know where client funds went.

“I never gave any instruction to misuse customer funds, I never intended anyone at MF Global to misuse customer funds and I don’t believe that anything I said could reasonably have been interpreted as an instruction to misuse customer funds,” Corzine told lawmakers in December.”

Anybody think Corzine will be held accountable? If you do I’ve got a bridge for sale. Cheap.

Useful Idiots

28 Wednesday Mar 2012

Posted by in health care, Politics, Republicans, Supreme Court

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AFP (Americans For Prosperity) sponsored a rally attended by AFP (Astroturf Fools and Pawns) yesterday across the street from the Supreme Court. The speakers at this gathering of people against government interference in health care included Rep. Michele Bachmann, Sen. Jim DeMint, Rep. Steve King, Rep. Allen West, Sen. Ron Johnson, and Sen. Pat Toomey. Notice a pattern there? They all receive government health care.

Here’s a photo of the crowd.


Seems to be quite a few grey hairs in that shot. How many do you suppose are on Medicare?

Much of what the speakers had to say dealt with freedom and liberty:

Allen West: “Thanks for coming out on a beautiful Washington D.C. for liberty, democracy and freedom.”

Michele Bachmann: “We will not wave the white flag of surrender when it comes to liberty and our healthcare.”

Rep. Steve King: “This American liberty is a precious thing, it doesn’t exist anywhere else in the world.”

Ron Johnson: “This isn’t about healthcare, it’s about freedom.”

Yes it is all about freedom and liberty. The freedom and liberty of insurance companies to deny coverage based on pre-existing conditions. The freedom and liberty of insurance companies to cancel your policy when you get sick. The freedom and liberty of insurance companies to jack up your rates 20–30% a year. Your freedom and liberty to be bankrupted by medical expenses.

Idiots. Useful idiots.

Desperately Seeking Attention

24 Saturday Mar 2012

Posted by in Newt Gingrich, Politics

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Not that there was ever anything admirable about Newt Gingrich, but this desperate attempt at remaining relevant is just despicable and pathetic:

“Why does the president behave the way that people would think that [he’s Muslim]?” Gingrich said. “You have to ask, why would they believe that? It’s not cause they’re stupid. It’s because they watch the kind of things I just described to you.”

[…]

“I have said publicly several times that I believe Obama is a Christian,” Gingrich told reporters. “He went to a Christian Church for over 20 years. He was listening to the sermons. The fact is I take him at his word but I think it is very bizarre that he is desperately concerned to apologize to Muslim religious fanatics while they are killing young Americans while at the same time going to war against the Catholic church and against every right to live Protestant organization in the country. I just think it’s a very strange value system.”

As is this:

“While campaigning ahead of Saturday’s primary in Louisiana, Gingrich spoke with the American Family Association’s Sandy Rios about the recent Washington Post story on Rick Santorum’s association with Opus Dei, a devout Catholic group. Rios, who disapproved of the Post’s story, asked Gingrich if he thought the media would similarly “hold their powder” on Mitt Romney for his Mormonism.

Gingrich said the media, which he believes is “in the tank for Obama,” will “do anything that helps re-elect” the president.

“It is just astonishing to me how pro-Obama they are,” Gingrich told Rios. “Do you think you are going to see two pages on Obama’s Muslim friends? Or two pages on the degree to which Obama is consistently apologizing to Islam while attacking the Catholic church?”

Go away, Newt. Your time is up, just go away.

It’s Not About JOBS, It’s About FRAUD

24 Saturday Mar 2012

Posted by in Congress, financial regulation, Wall Street

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If there’s one thing you can take to the bank, so to speak, in these times of political polarization in Washington it’s this-any bill that passes the House and Senate with margins like 390-23 and 73-26 isn’t, in the words of John Nance Garner, worth a warm bucket of spit. The recent passage of the so-called JOBS Act is no exception. The FRAUD Act would have been a more appropriate title. Facilitating Rampant And Unchecked Deceit.

(Just as an aside, giving bad legislation names with catchy acronyms like JOBS Act is a little trick the crooks in Congress have also learned. See PATRIOT Act.)

Under the pretense of being about making it easier for small businesses and startup companies to access capital, the JOBS Act is just another round of Wall Street deregulation that was such a rousing success leading up to the collapse of 2008. It weakens investor protection, eases SEC oversight and transparency rules, and guts much of Sarbanes-Oxley, which was passed in 2002 to prevent future Enrons from happening. Happy days are here again!

Here’s what Sen. Bernie Sanders had to say about it:

“At best, this bill could make it easier for con artists to defraud seniors out of their entire life savings by convincing them to invest in worthless companies. At worst, this bill has the potential to create the next Enron or Arthur Andersen scandal or an even worse financial crisis.”

Bloomberg has more. Lynn Turner, former SEC accountant:

“It won’t create jobs, but it will simplify fraud. This would be better known as the bucket-shop and penny-stock fraud reauthorization act of 2012,” he said, referring to practices banned under securities law.”

Barbara Roper, director of investor protection for the Consumer Federation of America:

“You don’t increase jobs growth by rolling back regulatory protections, and it’s frankly bewildering that the Democrats have been so willing to buy into the traditional Republican argument.”

Representative John P. Sarbanes of Maryland, one of 23 Democratic opponents in the House, warned colleagues in a letter that the bill could lead to an “Enron-Type fraud,” invoking the accounting scandal that led Congress to enact the law named for his father, former Senator Paul Sarbanes.

Bill Black:

“The JOBS Act is something only a financial scavenger could love. It will create a fraud-friendly and fraud-enhancing environment. It will add to the unprecedented level of financial fraud by our most elite CEOS that has devastated the U.S. and European economies and cost over 20 million people their jobs.”

Sen. Jack Reed (D-RI) proposed an amendment which would have limited corporations from making an end-run around SEC regulations, but the cowards in the Senate wouldn’t even go on the record against that, killing it with a voice vote.

Oh by the way, that amendment was opposed by the Chamber of Commerce and the American Bankers Association.

Guys are Guys, Regardless of Species

16 Friday Mar 2012

Posted by in Music, Uncategorized

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I feel your pain, my little winged brother:

“They were young males on the make, and they struck out not once, not twice, but a dozen times with a group of attractive females hovering nearby. So they did what so many men do after being repeatedly rejected: they got drunk, using alcohol as a balm for unfulfilled desire.

Fruit flies apparently self-medicate just like many humans do, drowning their sorrows or frustrations for some of the same reasons, scientists reported Thursday.

[…]

Fruit flies as a rule will, like many humans, develop a taste for alcohol and, in time, a preference for the 15 percent solution. But the rejected flies drank a lot more on average, supping from the spiked mixture about 70 percent of the time, compared with about 50 percent for their sexually sated peers.

The researchers conducted several additional experiments to rule out other explanations. The flies were apparently using the alcohol as a way to compensate for their frustrated desire.”

FYI, fruit fly. A little country music also helps:

A bug in his margarita? Must have been a fruit fly.

Somebody’s Watching Me

16 Friday Mar 2012

Posted by in Bill of Rights, Civil Liberties, Police State

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The new National Anthem:

Because they are, or soon will be:

“Under construction by contractors with top-secret clearances, the blandly named Utah Data Center is being built for the National Security Agency. A project of immense secrecy, it is the final piece in a complex puzzle assembled over the past decade. Its purpose: to intercept, decipher, analyze, and store vast swaths of the world’s communications as they zap down from satellites and zip through the underground and undersea cables of international, foreign, and domestic networks.

The heavily fortified $2 billion center should be up and running in September 2013. Flowing through its servers and routers and stored in near-bottomless databases will be all forms of communication, including the complete contents of private emails, cell phone calls, and Google searches, as well as all sorts of personal data trails—parking receipts, travel itineraries, bookstore purchases, and other digital “pocket litter.”

It is, in some measure, the realization of the “total information awareness” program created during the first term of the Bush administration—an effort that was killed by Congress in 2003 after it caused an outcry over its potential for invading Americans’ privacy.

But “this is more than just a data center,” says one senior intelligence official who until recently was involved with the program. The mammoth Bluffdale center will have another important and far more secret role that until now has gone unrevealed. It is also critical, he says, for breaking codes. And code-breaking is crucial, because much of the data that the center will handle—financial information, stock transactions, business deals, foreign military and diplomatic secrets, legal documents, confidential personal communications—will be heavily encrypted.

According to another top official also involved with the program, the NSA made an enormous breakthrough several years ago in its ability to cryptanalyze, or break, unfathomably complex encryption systems employed by not only governments around the world but also many average computer users in the US. The upshot, according to this official: “Everybody’s a target; everybody with communication is a target.”

[…]

[F]or the first time since Watergate and the other scandals of the Nixon administration—the NSA has turned its surveillance apparatus on the US and its citizens. It has established listening posts throughout the nation to collect and sift through billions of email messages and phone calls, whether they originate within the country or overseas. It has created a supercomputer of almost unimaginable speed to look for patterns and unscramble codes. Finally, the agency has begun building a place to store all the trillions of words and thoughts and whispers captured in its electronic net. And, of course, it’s all being done in secret. To those on the inside, the old adage that NSA stands for Never Say Anything applies more than ever.”

Who Cares If It’s True, It Sounds Scary

13 Tuesday Mar 2012

Posted by in Politics, Rick Santorum

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At something called the American Heartland Forum, held just before the Missouri Republican primary in February, Rick Santorum made some incredible claims during an interview with James Dobson. Santorum alleged that people in the Netherlands wore bracelets that read, “Do Not Euthanize Me,” that 10% of all deaths in the Netherlands were the result of euthanasia, and that half of those were forced euthanasia. The point of these assertions was that “Obamacare” would lead America down the same road. From Right Wing Watch:

Sounds pretty scary, right? Never mind that none of it is true. Jonathan Turley debunks Santorum’s “facts”:

“Clearly people can wear bracelets with their blood type or other instructions like do not resuscitate — as they do in this country. However, such bracelets are not needed in the Netherlands and Santorum’s comments appear to come as a surprise to people in that country.

[T]he number of people choosing euthanasia remains small and less than 3%. In 2010, 136,058 people died in the Netherlands and only 3136 did so through euthanasia. That is roughly 2.3% of the total deaths…In 2009, the annual report on euthanasia showed 2,636 cases of euthanasia — or 2 percent of all Dutch deaths.

As for those 50% of cases dispatched against their will, the Dutch law is extremely strict. It now only requires consent but a waiting period. If a doctor dispatches someone without their consent or satisfying the tight controls, he is charged with murder.

The doctor must document that he or she confirmed that the patient requesting euthanasia or assisted suicide is making a voluntary and informed request. The record must also show that the patient was suffering unbearably and was fully informed about the prospects. Then a second doctor must examine the patient and supply a second written opinion on the satisfaction of the criteria.”

Oops. Santorum’s press secretary was asked recently by a Dutch television reporter to explain the remarks:

Well that clears that up.

You Know…Morons

12 Monday Mar 2012

Posted by in Politics

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New York Magazine reports on Public Policy Polling results:

“PPP asks Republicans in Alabama, “Do you think Barack Obama is a Christian or a Muslim, or are you not sure?” Guess how many say Christian? 14%! Among the remaining 86%, “Muslim” slightly leads “not sure,” 45%-41%.

But the Alabama Republicans are a thoroughly trusting lot in comparison with their Mississippi brethren. Among Mississippi Republicans, just 12% say Christian, 52% say Muslim, and 36% aren’t sure.

The poll also finds that two-thirds of the Republicans in both states do not believe in evolution. Two-thirds of Alabama Republicans also believe interracial marriage ought to be legal, compared with 54% of Mississippi Republicans.”

Why do I hear banjos playing?