Thursday, April 5, 2012

Impeach the Supreme Court Justices If They Overturn Health-Care Law

http://www.thedailybeast.com/articles/2012/04/03/impeach-the-supreme-court-justices-if-they-overturn-health-care-law.print.html

The Roberts Court’s rulings appear to be a concerted effort to send us back to the Gilded Age. If they dump the Affordable Care Act, writes David Dow, we should dump them.

by David R. Dow

You think the idea is laughable? Thomas Jefferson disagreed with you.

Jefferson believed Supreme Court justices who undermine the principles of the Constitution ought to be impeached, and that wasn’t just idle talk. During his presidency, Jefferson led the effort to oust Justice Salmon Chase, arguing that Chase was improperly seizing power. The Senate acquitted Chase in 1805, and no Justice has been impeached since, but as the Supreme Court threatens to nullify the health-care law, Jefferson’s idea is worth revisiting.

The problem with the current court is not merely that there is a good chanceit will strike down a clearly constitutional law. The problem is that this decision would be the latest salvo in what seems to be a sustained effort on the part of the Roberts Court to return the country to the Gilded Age.
During that period—which ran from the years after of the Civil War to the start of the 20th century—wealth became highly concentrated and corporations came to dominate American business.

At the close of the Gilded Age, the U.S. infant mortality rate was around 10 percent—a number you find today in impoverished Central African nations. In some cities, it exceeded 30 percent. Women could not vote, and their lives were controlled by men. Blacks lived apart from whites and comprised an economic, social, and political underclass. Corporations exerted an unchecked and deleterious influence on the lives of workers.

If the Supreme Court Justices dump the Affordable Care Act, writes David Dow, we should dump them., Tim Sloan, AFP / Getty Images
All these ills were ultimately addressed by the federal government, but the strongest and most sustained resistance to fixing them came from the court. One exception was the great Justice Oliver Wendell Holmes, who argued that where economic regulations are at stake, judges must respect legislative decisions aimed at protecting society’s most vulnerable members. Our Constitution,Holmes famously wrote, does not enact social Darwinism. If the legislature acts to protect the poor and less powerful, its actions must be respected by the judicial branch.
That idea doesn’t appear to hold much water with the current court. Justice Clarence Thomas, in particular, has a well-known affinity for the values of the Gilded Age. But he has quietly gone from being an outlier to being only one of five consistently regressive votes.

The pattern began with the court’s 2007 decision in Gonzales v. Carhart, a case involving a rarely used, late-term abortion procedure. In holding that the government can prohibit abortion even where a woman’s life or health is at risk, the court overturned a decision that was not yet 10 years old.

To justify the ruling, Justice Anthony Kennedy—an ostensibly staunch believer in individual liberty—explained that some women who might otherwise undergo it would come to regret their decision. Ah, fickle women! Since Roe v. Wade the abortion debate has always involved male-dominated legislatures enacting laws telling women what they can and cannot do. The Roberts Court, it seems, is similarly not averse to helping protect women from themselves.

A decision striking down the health care law would be a statement that the only people entitled to health care are the people who can afford it.

Also in 2007, the court ruled that a Seattle school district’s plan to achieve racial balance in its public schools was unconstitutional. Reasonable people can of course disagree about whether using race to arrive at a diverse student body is good policy or bad. But there is an unquestionable moral distinction between using race to encourage racial integration versus using race to keep the blacks away.

The latter is, of course, what the court allowed in 1896, when it upheld the so-called “separate but equal” doctrine in Plessy v. Ferguson. Justice Harlan famously dissented in Plessy, insisting that the Constitution is colorblind. In a perverse rhetorical move, Chief Justice John Roberts, writing for the court in the Seattle case, suggested that Harlan's phrase applies equally where the government is trying to promote the blending of the races rather than maintaining their separation.

And then came Citizens United, in which the court struck down a popularly supported, bipartisan effort to place limits on the ability of the wealthy to dominate political discourse. Income inequality is a fact of life in a capitalist system. But when it comes to choosing our elected representatives, the people are supposed to stand on equal footing. Your right to control your destiny by electing people who share your visions and values is not supposed to depend on the fatness of your wallet. But now, thanks to five justices, it does. In ruling that corporations have a First Amendment right that precludes Congress from regulating how much money they can spend to support political candidates or causes, the court propped up a regime where the voices of the wealthy drown out all the rest.

Each of these cases was decided by a 5-4 vote, along predictable and ideological lines. Each overturned comparatively recent precedent. Each paid obeisance to a 19th-century norm. And while any individual ruling can always be justified or explained away, a larger truth emerges ineluctably from the whole. A decision overturning the Affordable Care Act will fit snugly into this narrative.
The vacuity of the arguments against the health-care law has been well covered (see especially Akhil Amar’s analysis in Slate). I will add only two points.

First, Congress’s authority in passing the law rests on an elementary syllogism: You don't have to drive, but if you do, the government can make you buy insurance. The logical structure at work here is that if you are going to do something (drive, for example), the government can make you purchase a commercial product (insurance, for example), so long as it has a good reason for doing so (making sure you can pay for any damage you do). That logic is obviously satisfied in the health-care context. You are going to use medical care, so the government can make you buy insurance in order to make sure you can pay for it. Liberty, like every other human and constitutional right, is not absolute. Under some circumstances, it can be regulated.

Which leads to the second point: critics of the health-care law say the only reason the rest of us have to pay for medical services used by people who have no money is that laws require hospitals to treat people who come in for emergencies regardless of their ability to pay. In other words, the critics say, the only reason there is a social cost—the only reason the syllogism works—is because of the underlying laws requiring hospitals to treat the poor.
Unlike silly examples involving broccoli and cell phones, that so-called “bootstrap” argument is sound. But here the critics drop their ideological mask as surely as the court dropped it in the Gonzales ruling. Their argument can be restated thusly: if you repeal laws requiring hospitals to treat the poor, you eliminate the constitutional basis for mandatory insurance coverage.

You don’t have to pull the analytical thread of that reasoning very hard to see that it boils down to an argument for allowing the poor to die. And if the Supreme Court strikes down the health-care law, that is exactly the ideology it will have to embrace. It will be saying that Congress cannot guarantee medical coverage for the poor and then implement a system to pay for it. In other words, the only people entitled to health care are the people who can afford it.

The last time the court went down this path, saner heads prevailed. Oliver Wendell Holmes’s view was historically and constitutionally correct, and the court finally acknowledged this in a pivotal 1937 case, West Coast Hotel v. Parish. In West Coast Hotel, the court ruled that the Constitution safeguards not just individual liberty but community interests as well; and in matters of economics, it is the legislature’s job to strike the appropriate balance between those two. If the Roberts Court overturns the Affordable Care Act, it will be mimicking the discredited court of 1935.

We can argue about whether President Jefferson was right to try to impeach Justice Chase. But there’s no question that he was right to say that impeachment is an option for justices who undermine constitutional values. There are other options, as well. We might amend the Constitution to establish judicial term limits. Or we might increase the number of justices to dilute the influence of its current members (though FDR could tell you how that turned out). In the end, however, it is the duty of the people to protect the Constitution from the court. Social progress cannot be held hostage by five unelected men.

Saturday, March 31, 2012

2012 Žižek Studies Conference

REGISTER NOW!

A Verso Books Partnered Event

http://www.regonline.com/Register/Checkin.aspx?EventID=1073473

The conference is open to any and all individuals interested in being a part of this event. If you have a question about registration or the event contact Antonio Garcia at agarciaj@indiana.edu.
[...]

Judge Overrules EPA Denial of Mountaintop Removal Coal Permit

http://www.allgov.com/Controversies/ViewNews/Judge_Overrules_EPA_Denial_of_Mountaintop_Removal_Coal_Permit_120325

by Matt Bewig

Despite a recent study showing that mountaintop removal coal mining—in which coal companies literally remove the tops of mountains, dump the tons of debris into nearby streams and then strip mine the underlying coal—causes children born nearby to suffer higher rates of birth defects, a federal district judge last week held that the Environmental Protection Agency (EPA) could not revoke a permit for one such large project.

Arch Coal had received approval for the permit from the EPA in 2007, during the administration of President George W. Bush, but EPA in January 2011 revoked the permit, marking the first time the agency had ever done so. EPA concluded that the Spruce No. 1 mine, which would be the largest mountaintop removal in West Virginia history, would have dumped 110 million cubic yards of coal mine waste into streams; buried more than six miles of high-quality streams in one county; polluted downstream waters as a result of buried streams; and degraded area watersheds, thus killing wildlife and adversely impacting other species.

Arch Coal sued the EPA for the permit revocation, and Judge Amy Berman Jackson, who was appointed to the federal bench by President Obama in 2011, held that EPA had exceeded its authority. Jackson found that the statute contemplated a single permitting process with a definite endpoint, so that once EPA issues a permit it cannot later revoke it; otherwise companies would never know if a given permit was truly final.

The ruling’s impact on future EPA decisions regarding mountaintop removal, including more than 100 pending mountaintop removal permits, is yet to be seen, although the knowledge that permits cannot be revoked may provoke deep thought before their issuance.

ALEC Exposed

The Corporations Bankrolling ALEC, which Has Promoted the "Stand Your Ground" Gun Law as a "Model" Bill

http://www.prwatch.org/node/11383

by Brendan Fischer

The gun lobby has come under the spotlight for its role in the so-called "Stand Your Ground" or "Shoot First" law that may protect the man who shot and killed seventeen-year-old Trayvon Martin in Florida -- but many other special interests, including household names like Kraft Foods and Wal-Mart, also helped facilitate the spread of these and other laws by funding the American Legislative Exchange Council (ALEC).

As Nobel Prize-winning economist Paul Krugman highlighted this week in the New York Times, the Center for Media and Democracy's work exposing ALEC has pierced through the veil of secrecy around how "model" bills like the NRA-conceived "Stand Your Ground"/"Shoot First" bills get approved in closed-door meetings of corporations and politicians and then pushed across the country.

But as CMD has documented through ALECexposed.org, the National Rifle Association (NRA) is not the only special interest that has funded ALEC's operations over the years. Kraft, Wal-Mart, State Farm, and other well-known corporations are ALEC members and give thousands of dollars a year to ALEC to support its work, sit on its board, have a vote on its task forces, and access lawmakers through ALEC meetings at fancy resorts. Over 98 percent of ALEC's annual $7 million budget comes from corporations and sources other than the $50 in annual dues paid by its legislative members. Because ALEC is largely corporate-funded, it is through the financial support of some of the largest companies in the world that ALEC model bills can spread across the country.

CMD has called ALEC a "corporate bill mill" because it facilitates companies like Wal-Mart and special interests like the NRAputting their wish lists in the hands of state legislators and having their desires ratified as model bills to pass in statehouses around the country. In addition to the Florida bill that ALEC and the NRA call the "Castle Doctrine Act," ALEC model bills have served as the template for "voter ID" laws that swept the country in 2011, for the "voucher" programs that privatize public education, for anti-environmental bills, anti-immigrant legislation, and for the wave of anti-worker legislation pushed over the past year in Wisconsin, Ohio, New Hampshire, Indiana, and most recently, in Arizona.

ALEC Task Force meetings, where model bills are initially approved, are closed to the press and public, but corporations and ideological special interests like the Wal-Mart "have a VOICE and a VOTE," in the words of ALEC, with elected officials. Not only do corporate representatives have a vote on model legislation alongside legislators on ALEC task forces, some companies also provide gifts to the ALEC "scholarship" fund for elected officials to attend ALEC meetings at resorts. Under ALEC's published bylaws, every state's legislative co-chair has a "duty" to raise money from ALEC corporations for these trip funds. (CMD has filed a complaint with Wisconsin's Government Accountability Board about how the ALEC scholarships appear to violate state ethics and lobbying laws.)
ALEC boasts of having over 300 corporate members, with almost two dozen corporations sitting on the ALEC Private Enterprise Board. According to ALEC's published bylaws, this Board meets jointly with its "public sector" board of state legislators.

In addition to the usual suspects like Koch Industries, Exxon Mobil, and Altria/Phillip Morris, corporate members of that board include a variety of businesses whose products are well known. Coca-Cola and computer chip manufacturer Intel both sat on ALEC's board last year when CMD launched ALECexposed.org and began highlighting the corporations making ALEC's agenda possible. Currently, the Board includes mac-and-cheese maker Kraft Foods, the "good neighbor" State Farm, shipping giant UPS, and the global consolidated liquor company Diageo (known for brands like Johnny Walker, Tanqueray, Smirnoff, and Guinness). Verizon's former lobbyist, Ron Scherbele, is currently ALEC's Executive Director, after having represented Verizon on the Board for years.

Other ALEC Private Enterprise Board members include telecommunications giant AT&T and pharmaceutical companies like Bayer and GlaxoSmithKline, along with the drug industry lobby group PhRMA. (PhRMA also gave over $350,000 to ALEC's scholarship fund in 2010 alone.)

Wal-Mart is also a member of the ALEC Board, and in 2005 headed the ALEC Task Force that ratified the law that may protect the killer of Trayvon Martin and other unarmed victims. Wal-Mart is also the largest seller of rifles and ammunition in the U.S.

With the launch of ALECexposed.org, CMD, along with the efforts of Color of Change, Common Cause, People for the American Way, Progress Now, and others, began a corporate accountability campaign to hold the corporate leaders of ALEC accountable for legislation resulting from the ALEC bill mill.

Numerous citizens have responded by contacting ALEC corporations, which often try to disavow any responsibility for ALEC bills. Koch Industries has just issued such a claim, despite its long-time leadership role as a member of the ALEC corporate board, and despite having chaired the board in the past. Koch says it opposed an NRA bill in Florida, but at the same time, a Koch representative was sitting on the corporate board of ALEC (and have been for over a decade), and both Koch Industries and the Koch family foundations have been funding ALEC's operations. Over this period, ALEC in turn has been elevating an array of gun bills as state "models," including legislation expanding concealed carry and allowing guns on college campuses as well as the Stand Your Ground/Shoot First/Castle Doctrine bill. And many ALEC legislators have sponsored these bills to become the law in states across the country.
ALEC has boasted repeatedly that nearly a thousand of its bills are introduced each year and 20 percent become law. Corporations like Koch Industries and Wal-Mart have helped make that possible through their long-standing financial support of ALEC.
[...]

US Markets for Oil Sands

Northeast Markets Eyed for Oil Sands as Clean Fuels Standard Fades

A clean fuels effort among 11 Northeast and Mid-Atlantic states is fading, as new pipelines for tar sands crude to the Atlantic get an industry push.

By Maria Gallucci, InsideClimate News

http://insideclimatenews.org/news/20120327/northeast-staets-clean-fuels-standard-low-carbon-fuels-program-california-rggi-new-jersey-new-hamsphire-afp-cea

In New Jersey, Gov. Chris Christie's administration pulled out of a proposed pact to cut global warming emissions in transportation fuels.

In New Hampshire, the House passed a bill to leave the same regional initiative. And in Maine, the government opted to continue to engage in the program, but not to apply the rules to its own transportation sector.

In those three states and others, leaders are reevaluating their role in the Clean Fuels Standard, a policy that limits consumption of high-carbon fuels like oil sands crude, as pressure from oil industry-backed groups mounts and support falls off. And it is happening just as the region's entire fuel picture may be about to change.

A Montreal pipeline firm plans to transport tar sands oil to the Atlantic Coast for the first time by reversing the flow of its Maine-to-Quebec oil pipeline. Enbridge, Canada's largest pipeline company, has its own plans to link to that Montreal line and carry Alberta crude east. And TransCanada Corp., the company behind the proposed Keystone XL pipeline, wants to pipe oil from tar sands mines to refineries in Ontario, Quebec and potentially to a New Brunswick facility that supplies fuel to the Northeast.

Since late 2009, 11 states in the Northeast and Mid-Atlantic region—New Hampshire, New Jersey, Maine, Connecticut, Delaware, Maryland, Massachusetts, New York, Pennsylvania, Rhode Island and Vermont—have been developing the Clean Fuels Standard. The idea was to create a policy modeled on California's pioneering Low-Carbon Fuel Standard, which requires oil refiners and suppliers to reduce the carbon intensity of their fuel mix by 10 percent in 2020. The Northeast pact is expected to be completed next year.
But opponents have been ratcheting up efforts to keep a California-style standard from taking hold in the Northeast, and they're finding receptive audiences in some Republican-leaning states.

Now, all participants are considering alternatives, including making the program voluntary.

Leading the charge to block the rules are two organizations: Americans for Prosperity (AFP), a group founded and funded by oil industry interests—including the conservative billionaires Charles and David Koch—and the Consumer Energy Alliance (CEA), which represents oil and gas producers, business councils and energy trade associations. Both argue that fuel emissions requirements would raise gas prices and cost the region hundreds of billions of dollars.
[...]

On the News with Thom Hartmann: Anti-Austerity Strikes Halted Business in Spain Yesterday, and More

By Thom Hartmann

http://truth-out.org/news/item/8218-on-the-news-with-thom-hartmann-anti-austerity-strikes-in-spain-and-more

[...]
You need to know this. The nation of Spain ground to a halt yesterday – as working people across that nation went on strike and took to the streets to protest an austerity budget being pushed by their new government. It's the same sort of social unrest that's followed austerity measures in Greece, the U.K., and Italy. And it's the same sort of austerity budget that Republicans just passed out of the House of Representatives yesterday, approving multi-millionaire Congressman Paul Ryan's budget. In a vote of 221 to 191 – the Ryan Budget passed the House – but is dead on arrival in the Senate. Ten Republicans joined the unanimous Democratic opposition – although many of those Republicans likely voted "no" because the budget doesn't go far enough in crashing the economy. Under the Ryan Budget – government discretionary spending will fall to its lowest level in 50 years – that means benefits for veterans, senior citizens, the poor, the sick, students – all of it will be slashed. Meanwhile – big oil gets $40 billion in corporate welfare – and Paul Ryan would give American billionaires a $3 trillion tax cut. If you think what's happening in Europe can't possibly happen in the United States – think again. If the Republicans win in November – their radical billionaire/bankster/oil agenda will tear this nation apart.
[...]