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Climate Progress

Exclusive: Forest scientist fights back against ‘distorted’ UK article on Amazon and IPCC

Simon Lewis files 31-page official complaint, paints devastating portrait of Sunday Times journalist Jonathan Leake

I wish to lodge a complaint about the article “UN climate panel shamed by bogus rainforest claim” by Jonathan Leake, published in the Sunday Times, across pages 8 and 9 on 31 January 2010. I consider it in breach of PCC Editors Code of Practice point 1) Accuracy, i) The Press must take care not to publish inaccurate, misleading or distorted information, including pictures.

So begins tropical forest researcher Simon Lewis in his official complaint to the UK’s Press Complaints Commission.  The PCC is “an independent body which deals with complaints from members of the public about the editorial content of newspapers and magazines.”

Finally, we have someone who understands, as Nature editorialized, “Scientists must now emphasize the science, while acknowledging that they are in a street fight.”

The full 31-page complaint — a CP exclusive (click here, big PDF) — is a must-read for anyone who wants to see just how Leake and the Times operate.  I excerpt it below, but first some background.

Read more

Health

Why Are We Taking The State Repeal Lawsuits Seriously?

Kentucky Attorney General Jack Conway announced yesterday that “he will not file a lawsuit against the federal government in trying to refuse the legislation.” “I do not intend to use my authority as Kentucky Attorney General to sign our Commonwealth onto a health care lawsuit against the federal government, because I will not waste taxpayer dollars on a political stunt,” Conway said. “Trey Grayson’s gimmick may be good ‘tea party’ politics, but it’s based on questionable legal principles,” Conway said, referring to the Secretary of State’s request that he file a lawsuit.

I think this is an important point. The 13 or so attorneys general who are suing the government to exempt their states from the health law’s individual requirement and Medicaid expansion provisions are doing so in their capacity as elected politicians, not lawyers and the sooner we all stop pretending that their lawsuits are grounded in a serious legal interpretation of the constitution, the better. At least 4 of the 13 AGs are running for higher office (either Governor or Senator) and the rest are up for re-election. Their suits are designed to rally political support, not lay down new legal doctrine.

I’m no lawyer, but the fact that the Florida suit doesn’t contain any references to past Supreme Court decisions or legal precedent suggests that it’s frivolous. The 22-page lawsuit reads like a Republican manifesto and doesn’t site examples of when the courts have agreed with the AG’s legal interpretations:

- The Act represents an unprecedented encroachment on the liberty of individuals living in the Plaintiffs’ respective states,

- The Act contains several unfunded mandates that will cost state governments significantly.

- Further, the Act converts what had been a voluntary federal-state partnership into a compulsory top-down federal program in which the discretion of the Plaintiffs and their sister states is removed.

More importantly, as Sen. Ron Wyden (D-OR) points out, the health care law already allows states to “go out and do its own bill, including having no individual mandate” as long as “they can meet the coverage requirements of the bill.” “Why don’t you use the waiver provision to let you go set up your own plan?” the senator asked those who threaten health-care-related lawsuits. “Why would you just say you are going to sue everybody, when this bill gives you the authority and the legal counsel is on record as saying you can do it without an individual mandate?”

Update

Greg Sargent points out:

One of the state attorneys general who has signed onto a nationally-watched lawsuit to overturn health reform is Republican Greg Abbott of Texas. The lawsuit alleges that the new law is unconstitutional because it imposes a mandate requiring citizens to buy insurance.

Turns out, however, that Abbott strongly supported a law in Texas last year that requires divorced parents to purchase insurance for their kids, even if they prefer to pay for their medical expenses out of pocket.

Politics

Still Bitter Over Loss On Health Reform, GOP Seeks To Block Judicial Nominee For His Health Care Views

liu2Since losing the health care reform fight, the GOP has vowed revenge by obstruction. Senate Republicans have been using a little-known rule this week to basically stop all committee and subcommittee hearings. They have also contrived a host of “poison pill” amendments to stall the passage of reconciliation. And Sen. John McCain (R-AZ) vowed that “there will be no cooperation for the rest of the year.”

Now, Republicans have for “the first time…injected the partisan health care debate into the confirmation of a judicial pick,” Roll Call notes. They are hoping to defeat Obama’s nomination of University of California law Professor Goodwin Liu to the 9th Circuit Court of Appeals, aghast over his belief that all Americans have a right to health care:

Sen. Jeff Sessions: “‘I have not seen any nominee’s opinions go that far,’ Judiciary ranking member Jeff Sessions (R-Ala.) said in an interview, noting that Liu’s legal writings indicate that equal protection under the 14th amendment includes health care coverage.” [Roll Call]

Ed Whelan: “Perhaps most striking, in part because Liu presents his position as so modest, is his law-review article ‘Rethinking Constitutional Welfare Rights,’ which argues that judges (usually in an ‘interstitial’ role) may legitimately invent constitutional rights to a broad range of social ‘welfare’ goods, including education, shelter, subsistence, and health care.” [National Review]

Ilya Shapiro and Evan Turgeon: “Liu’s confirmation would compromise the judiciary’s check on legislative overreaching and push the courts not only to ratify such constitutional abominations as the individual health insurance mandate but to establish socialized health care as a legal mandate itself.” [Daily Caller]

Liu’s right-wing critics are not telling the truth about his views. The article Ed Whelan cites, for example, does the opposite of call for judges to “invent constitutional rights to a broad range of social programs.” Indeed, Liu expressly rejects the idea that judges can base their interpretation of the constitution on ideology or “transcendent moral principles,” and he explicitly warns that the courts cannot create new welfare rights by themselves — instead, the legislature must always act first. In Liu’s words, “it is only through democratic adoption of a program of mutual aid that that a welfare right plausibly comes into being for courts to recognize.”

Nor is Liu’s view that the Constitution protects certain people’s access to social welfare programs particularly radical. In Saenz v. Roe, for example, the Supreme Court struck down a California law which denied some California residents a portion of their welfare benefits. Justice Scalia, one of the Court’s most conservative members, was in the majority in Saenz.

Even right-wing torture apologist John Yoo — who is Liu’s colleague at Berkeley — thinks Liu is “very well qualified.” Liu also has the support of Kenneth Starr, who prosecuted President Clinton. Liu was expected to testify about his nomination today before the Senate Judiciary Committee, but Republicans have obstructed all such business in the Senate.

Climate Progress

Auto Industry Supports ‘Landmark’ EPA Greenhouse Gas Regulation

Our guest blogger is Dave McCurdy, President and CEO of the Alliance of Automobile Manufacturers.

Obama at a car factoryThe Environmental Protection Agency (EPA) and the National Highway Traffic Safety Administration (NHTSA) are on the verge of finalizing a landmark national program to regulate greenhouse gas emissions and increase new car average fuel economy to an unprecedented 35.5 miles per gallon by 2016. Just as when the process started a year ago, the auto industry stands fully behind this new program and is proud to have played a major role in its development.

While this new national program takes gigantic steps towards our shared goals of increasing fuel economy, enhancing energy security, and reducing greenhouse gas emissions, the auto industry feels that to achieve longer-lasting success, the EPA and NHTSA should quickly start the process of planning for 2017 and beyond.

Clearly, crafting a program for the years past 2016 will be just as important, if not more so, than what we’ve accomplished in the last year. Our goal is to avoid going down the same path that lead to the unnecessarily complex and uncoordinated regulations that we have now fixed by crafting a strong national emissions and fuel economy plan. The EPA, NHTSA, states, and other stakeholders can promote the continued and unparalleled innovation so greatly needed from the auto industry, by creating an even more unified and harmonious set of goals beyond 2016.

In the last several years, the auto industry has begun reinventing itself, making drastic changes in the way vehicles are conceived, designed and, ultimately, built. We currently have hundreds of models of vastly more fuel efficient cars on the road than were available even 5 years ago. In 2010 there are close to 50 models of hybrids and clean diesel vehicles available and nearly 200 models that achieve 30 miles per gallon or more on the highway. 2009 marked the 5th straight year fuel economy standards for autos increased. This regulation will ensure that trend will continue through 2016 and beyond.

But rest assured, the auto industry is not only making dramatic improvements to old combustion technology: within a year, plug-in vehicles that use even less fuel will start reaching consumers. And further down the road, technologies such as fuel cells and advanced next generation biofuels promise to make an even larger variety of low and zero emissions technology available.

Yet, although we plan on bringing all of these amazing solutions to market, if we ever hope to successfully address our climate concerns and enhance our energy security, these solutions need to be embraced by consumers and most importantly they need to be affordable. Ultimately, the sooner automakers can start planning for 2017 and beyond, the more cost effectively all of these new technologies can be brought to market.

Yglesias

Endgame

I’ve got the cure for you:

— The little details matter in the financial regulatory overhaul.

— Chuck Grassley already taking credit for some provisions of the Affordable Care Act.

Phone calls to Bart Stupak.

— Great piece on settlements in Jerusalem.

— Evidence for discrimination against women in math and science university jobs.

— John Roberts and everyone else wonders why Obama doesn’t fill NLRB slots with recess appointments.

More songs for health reform! Tegan & Sara, “The Cure”.

Security

The Right’s Naive Missile Defense Fantasy

bakerspringYesterday on Heritage’s Blog, Baker Spring argued that a better way to eliminate nuclear weapons is to build a super awesome full proof missile defense system that makes it pointless for other countries to have nuclear weapons. He argues that instead of the multilateral arms-control approach pursued by the Obama administration, the US should:

pursue more fundamentally defensive strategic postures for the U.S. and other nations. This is the best option for keeping the world as far from the nuclear precipice as possible until it is clear that a world without nuclear weapons can be achieved.

As Kingston Reif and Travis Sharp point out Spring and others on the right:

recycle(s) a snake oil sales pitch that first emerged at the dawn of the Atomic Age. The illusion is that the awesome destructiveness of nuclear weapons can somehow be neutralized by a panacea—in this case impenetrable missile defenses.

This is pure and total fantasy.

First, back in the real world, despite two decades of massive amounts of investment, long range ballistic missile defense still doesn’t work as planned. The much flaunted successful “tests” of the ground based system in the US are largely staged. These are open book tests, where one knows the answers before hand – we know exactly where the missile will be and when and yet we can therefore sometimes hit it. Kingston Rief and Travis Sharp explain that “the technology required to intercept a large number of long-range missiles equipped with decoys and countermeasures does not exist and may never exist.” Technical problems are endemic. The head of the Missile Defense Agency even publicly vented his frustration this week. A New York Times editorial today notes:

Lt. Gen. Patrick O’Reilly, the program’s chief, told a conference on Monday that some contractors continue to produce poor quality components for missile interceptors… General O’Reilly said he is withholding a portion of the profits from contractors responsible for the shoddy work… If contractors know profits will be reduced if a missile test is unsuccessful, experts say this could create a strong incentive for them to ensure the tests are (falsely) successful by conducting more scripted, less realistic tests.

Second, the missile defense system that Baker Spring envisions would only lead to a destabilizing nuclear arms race. Even if technical problems were resolved in the ground based system, they still wouldn’t be able to protect against large number of missiles and would only serve to create incentives for countries to increase their nuclear stockpiles. In a remarkable article three Air Force scholars, one of whom heads the Strategic Plans and Policy Division, recently explained in reference to Asia that “nuclear defenses are a bad idea,” since it will only prompt China to build more nuclear weapons, something that it is not seeking to do. Any defensive system we develop will only spawn others to build new weapons to overcome it that is the history of warfare’s technological innovations.

Finally, Baker Spring simply cannot seem to understand why the Russians would not see US missile defense as in their interests. According to Spring, US missile defense is actually in Russia’s interests:

a U.S. strategic policy that pursues missile defenses may reflect a better understanding of Russia’s strategic interests than the Russian government itself appreciates.

His logical gumby is hard to follow. But Spring is essentially saying that the Russian state, like the Soviet Union before it, is seeking confrontation with the US, and so when we build our Jedi force field of freedom around the US, it will finally make those pesky Russians – who still have nukes threatening us (nevermind that we still threaten them with out nuclear arsenal) – realize that we are invincible and that they should simply bow down and kiss the ring of the United States and eliminate their nuclear weapons. Got that? One wonders how they have the gall to call Obama’s plan naïve, after writing such nonsense.

Unfortunately, bad ideas have consequences. Pursuing right wing missile defense plans, while at the very least would flush tens of billions of dollars down the toilet, would also serve to upset nuclear stability. Countries like Russia and China would rapidly expand their nuclear forces and the threat of nuclear terrorism – something no missile shield can protect against – would only worsen as proliferation dangers grow. While there is definitely a role for more proven short-range theater based missile defense, the notion of an impenetrable long range missile defense shield is not only exceptionally naive and fanciful, it is also destabilizing and dangerous.

Politics

Sen. Gregg Touts The CBO On Fox News, But Then Bashes It On CNN

Since the Affordable Care Act passed the House on Sunday and was signed into law on Tuesday, Republicans have escalated their rhetorical attacks and called for repealing the bill. Unsurprisingly, their talking points are just as fact-free and disingenuous as they were leading up the bill’s passage.

For example, last night on Fox, Sen. Judd Gregg (R-NH) said Obama is “just plain wrong” in saying that Medicare recipients won’t have their benefits cut. As evidence, Gregg cited the Congressional Budget Office, which he called “the independent score keeper“:

GREGG: You can go to CBO. I don’t have the language right in front of me, but CBO — to paraphrase CBO, what they said was that the reductions in Medicare in the big bill, which the president signed today, and in the reconciliation bill, will lead not to more solvency in Medicare but will be spent on new programs that have nothing to do with Medicare. They were very forthright about this. And they are the independent score keeper.

Yet on the same day, when CNN host Campbell Brown pointed out the CBO’s projection that the bill will reduce the deficit, Gregg changed his tune:

BROWN: Do you not believe in those numbers?

GREGG: Of course not. If you believe those numbers, I will sell you a bridge in Brooklyn and probably two in Oakland.

Watch it:

First, Gregg is wrong. The CBO said that the reconciliation package the House passed on Sunday extends Medicare solvency “by at least 9 years” and actually lowers spending per Medicare beneficiary from 8 percent growth rate to 6 percent without cutting guaranteed benefits. And in fact, the CBO also said the bill reduces the deficit by $138 billion over the the first 10 years and $1.2 trillion over the second.

So Gregg is happy to cite the CBO when its findings suit his needs but at the same time, claim it is not to be believed when they don’t.

Brown pointed out Gregg’s glaring double standard. “Don’t Republicans use the CBO numbers when it is to their benefit? It seems very hypocritical to be criticizing the credibility of the CBO now, when it doesn’t work,” she told Gregg.

Yglesias

Corporate Political Contributions as Tax Break

cash-wad 1

Erica Greider’s writeup of the first post-Citizens United dive into the world of campaign spending illustrates to me an angle I hadn’t seen before:

Meanwhile, the Texas Tribune reports that it found a corporate-funded ad in a couple of small east Texas papers—the first corporate ad in Texas. There’s no attempt to hide the funding source—the ad takes the form of a letter signed, “Sincerely, KDR Development, inc.” But interestingly, the buy in this case seems to have been a personal affair. The president of KDR Development, which bought the ad, had previously run against the incumbent state representative and lost. Also, he thinks the incumbent (a recent D-to-R switcheroo) isn’t conservative enough for small business. So why pay for the ad through his company rather than through himself, the Trib asked? “You take the money out of the pocket that’s got some money in there,” he said.

If nothing else, this suggests that Citizens United is going to be a significant tax break for politically active smallish business owners. If you used to be a guy who shelled out $10,000 a year on political contributions, then you used to need to pay yourself substantially more than that in nominal salary, then pay taxes on the money, and then hand out the ten grand. Now if you own the business, you can have the company pay and then instead of it being income on which you pay tax, it becomes an expense for the business.

This kind of affect would have a strong partisan valence, as owners and proprietors are the most Republican occupational group in America by a wide margin.

Climate Progress

Avatar’s James Cameron: “Anybody that is a global-warming denier at this point in time has got their head so deeply up their ass Im not sure they could hear me.”

AvatarJames Cameron’s eco-pic has become the top grossing film of all time (see “Post-Apocalypse Now“).  And that did not endear him to the anti-science crowd.  Glenn “brainless frog” Beck said Cameron “is officially running for Antichrist.”  Cameron has now responded, as Brad Johnson reports in this repost:

Read more

Health

Where Does Mitt Romney Stand On The Individual Mandate?

Former Massachusetts Governor Mitt Romney had a very uncomfortable interview with Larry King last night, in which he again struggled to explain how the Senate health care bill was different from the legislation he signed into law in 2006. Romney described majority rule as an “unconscionable abuse of power,” referred to insurance regulations as “maraschino cherries on top of a pile of dirt” and failed to come up with a convincing answer about Don’t Ask, Don’t Tell.

In the end, Larry King looked like Tim Russert, while Romney seemed desperate to shore up his conservative credentials and defend his Obama-like accomplishment:

Watch a compilation:

The Washington Posts’ Greg Sargent notes Romney’s strong endorsement of the individual mandate, but it’s also worth pointing out that he still can’t decide if the mandate is constitutional. His position is difficult to define:

1. He signed a law that requires everyone in Massachusetts to purchase health care coverage and regularly cites the states 98% insurance rate during media appearances. In this interview, he describes the approach as “conservative.”

2. He believes that the 13 states suing the federal government over the constitutionality of the individual mandate have a legitimate case and wants to repeal the Senate bill, which includes the mandate.

3. He refuses to say if he thinks the individual mandate in the Senate bill is constitutional and does not mention the policy on his website.

In other words, he believes that requiring all Massachusetts residents to purchase coverage is “conservative” since it tells people they “have to take personal responsibility” for their health rather than “go to the hospital if they get a serious illness, and they get treated for free by government.” But requiring all Americans to purchase coverage, however, is intrusive and probably unconstitutional. Got that?

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