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Health

Will GOP ‘Listen To The People Who Sent Us Here’ And Opt Out Of Govt-Sponsored Health Plans?

Last week, responding to Rep.-elect Andy Harris’ (R-MD) hypocritical demand for government-sponsored benefits, Rep. Joe Crowley (D-NY) began circulating a letter among his Democratic colleagues calling on Harris and other members of Congress who want to repeal the new health care law to forego their own government health care plans. So far just two incoming Republican freshmen — Rep.-elect Mike Kelly (PA) and Rep.-elect Bobby Schilling (IL) — have agreed. But a new Public Policy Polling survey has found that most Americans “think incoming Congressmen who campaigned against the health care bill should put their money where their mouth is and decline government provided health care now that they’re in office”:

Only 33% think they should accept the health care they get for being a member of Congress while 53% think they should decline it and 15% have no opinion.

Democrats are actually the most supportive of anti-health care Congressmen taking their health care, with 40% saying they should accept it to 46% who think they should decline. But Republicans and independents- who put these folks in office in the first place- strongly think they should refuse their government provided health care. GOP voters hold that sentiment by a 58/28 margin and indys do 56/27.

Having campaigned on listening to the American people, the Republicans, well, seem obliged to abide. As Senate Minority Leader Mitch McConnell (R-KY) put it in a post-election speech at the Heritage Foundation — titled “Listening To The People Who Sent Us Here” — “Republicans have a plan for following through on the wishes of the American people…And, above all, it means listening to the people who sent us here. If we do all this, we will finish the job.”

But this particular job — opting out of government-sponsored insurance — still remains unfinished and supporters of reform are pressing the issue. Yesterday, Americans United for Change unveiled a radio ad asking anti- reform Republicans to “walk the walk” on health care and today Crowley revealed that 59 other House Democrats sent a letter to McConnell and Speaker-elect John Boehner (R-OH) “requesting an update on which Republican members and members-elect who have called for a repeal of the Affordable Care Act will decline their own taxpayer-subsidized health care.” Gerald McEntee, president of the American Federation of State County and Municipal Employees (AFSCME) issued a particularly strong statement, saying that members who ran against reform, but enroll in government insurance “deserve to be denounced as hypocrites.”

New members have 60 days (after being sworn-in) to select an insurance plan from the federal health insurance exchange, which will become available on the first day of the following month. Returning members can opt-out of the government-sponsored health insurance coverage until the end of the open-enrollment period, December 13th.

Meanwhile, Rep. Gary Ackerman (D-NY), a reform proponent, has pledged to introduce a series of bills repealing only the most popular provisions of Affordable Care Act. The effort is designed to force the GOP to put their votes where their mouths are. “This will be the big chance for Republicans to do what they’ve vowed to do,” the 13-term member said. “These bills will be their chance to at long last restore liberty and repeal the evil monster they’ve dubbed Obamacare. ”

Update

Sam Stein does the math and estimates that Republicans could save the federal government $242 million if they forego health care for a year.

LGBT

DOJ Appeals Witt’s Reinstatement, But Will Not Prevent Her From Serving During Process

Moments ago, the Justice Department appealed a federal district court ruling reinstating Air Force Major Margaret Witt after she was discharged from the military under Don’t Ask, Don’t Tell to Ninth Circuit Court of Appeals. But the government did not ask the court to stay the decision — suggesting that Witt will be able to serve in the Air Force through the duration of the appeal process.

Back in September, Judge Ronald B. Leighton of the United States District Court for the Western District of Washington found that the policy “violates Major Witt’s substantive due process rights under the Fifth Amendment to the United States Constitution.” “She should be restored to her position as a Flight Nurse with the 446th AES as soon as is practicable,” he concluded.

Today, the government filed a simple 3 page notice of appeal:

NOTICE IS HEREBY GIVEN that all Defendants hereby appeal to the United States Court of Appeals for the Ninth Circuit from the Judgment dated September 24, 2010 (Docket Nos. 166, 165), the Findings of Facts and Conclusions of Law dated September 24, 2010 (Docket No. 164), the Memorandum Opinion dated September 24, 2010 (Docket No. 163), as well as the Minute Order dated March 12, 2010 (Docket No. 70).

Interestingly, Leighton dismissed Witt’s case in 2006, only to be overruled by the 9th Circuit Court of Appeals in 2008. That decision established a new precedent (called the Witt standard) which prevented the military from discharging servicemembers under the policy in that circuit unless it could prove that it furthered military goals. The federal government did not appeal that decision and the Ninth Circuit sent the case back to Leighton and on September 24th, he ruled that the government did not meet that burden of proof.

The government’s decision not to request a stay from the Ninth Circuit is significant, however, because it could allow Witt back into the Air Force and save the government a trip to the Supreme Court. After all, a stay request to the very same court that established the Witt standard would have likely been denied, forcing the government to appeal the decision before Justice Kennedy, who decides appeals for the Ninth Circuit. From their, the outcome would have been very uncertain.

Witt has previously said that was “ready” to return back to her job as a nurse in the Air Force and predicted that her unit would welcome her with open arms. “The people in my unit has been behind me 100 percent. You know, I think the most recent statistics are something like 65,000 [gay or lesbian] people are serving every day. All we want to do is our job, so all I want to do is my job. And I think they’ll welcome me back for that,” she told MSNBC in September.

Update

Josh Gerstein has this statement from White House Press Secretary Robert Gibbs:

“Today, the Department of Justice filed a notice of appeal in a case involving a legal challenge to the Don’t Ask, Don’t Tell (DADT) policy, as the Department traditionally does when acts of Congress have been held unconstitutional,” Gibbs wrote. “This filing in no way diminishes the President’s — and his Administration’s — firm commitment to achieving a legislative repeal of DADT this year. Indeed, it clearly shows why Congress must act to end this misguided policy. In recent weeks, the President and other Administration officials have been working with the Senate to move forward with the passage of the National Defense Authorization Act, including a repeal of DADT, during the lame duck.”


Update

,Witt has issued the following statement:

“I am thrilled to be able to serve in the Air Force again,” Witt said in a Tuesday statement circulated by the American Civil Liberties Union of Washington, which litigated her case. “The men and women in the unit are like family members to me, and I’ve been waiting a long time to rejoin them. Thousands of men and women who are gay and lesbian honorably serve this country in our military. Many people forget that the U.S. military is the most diverse workforce in the world — we are extremely versed in adaptation.”


Update

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Politics

Poll: Republicans Who Want To Repeal Health Care Law Should Opt Out Of Gov’t-Sponsored Health Plans

Last week, responding to Rep.-elect Andy Harris’ (R-MD) hypocritical demand for government-sponsored benefits, Rep. Joe Crowley (D-NY) began circulating a letter among his Democratic colleagues calling on Harris and other members of Congress who want to repeal the new health care law to forgo their own government health care plans. So far just two incoming Republican freshmen — Rep.-elect Mike Kelly (PA) and Rep.-elect Bobby Schilling (IL) — have agreed. But a new Public Policy Polling survey has found that most Americans “think incoming Congressmen who campaigned against the health care bill should put their money where their mouth is and decline government provided health care now that they’re in office”:

Only 33% think they should accept the health care they get for being a member of Congress while 53% think they should decline it and 15% have no opinion.

Democrats are actually the most supportive of anti-health care Congressmen taking their health care, with 40% saying they should accept it to 46% who think they should decline. But Republicans and independents- who put these folks in office in the first place- strongly think they should refuse their government provided health care. GOP voters hold that sentiment by a 58/28 margin and indys do 56/27.

The Huffington Post’s Sam Stein estimated that Republicans could save the federal government $2.4 million if they forgo health care for a year. New members have 60 days (after being sworn-in) to select an insurance plan from the federal health insurance exchange, which will become available on the first day of the following month. Returning members can opt-out of the government-sponsored health insurance coverage until the end of the open-enrollment period, December 13th. The Wonk Room has more on why not opting out would be a betrayal of Republican candidates’ pledges to “listen[] to the people who sent us,” and on the scheme of Rep. Gary Ackerman (D-NY), a reform proponent, to make the GOP lawmakers put up or shut up on repeal.

Yglesias

The 2012 Forecast

If you’re wondering whether Barack Obama will be re-elected in 2012, there’s no better place to look at this point than the latest Federal Reserve projections detailed in the newly released minutes (PDF) of their most recent meeting:

What does that mean? Well, it means he should win if the numbers come in on the high end of the range but he has a very realistic chance of losing. How seriously should we take these forecasts? My sense is that we shouldn’t take them that seriously—modelers do their best but their best isn’t very good. As I kept saying in 2008, election outcomes are hard to predict in advance. But getting a bunch of political reports together in a room to speculate on it doesn’t get at the real source of the uncertainty, which is the fact that our economic projections are fairly uncertain.

Economy

Will The Next House Labor Committee Chairman Punt On Mine Safety?

Rep. John Kline (R-MN)

Back in April, an explosion at the Upper Big Branch mine in West Virginia killed 29 workers, in the deadliest mining disaster since the 1970′s. Prior to the explosion, the mine, which is owned by Massey Energy, was cited for thousands of safety violations, but took little corrective action.

Under the Obama administration, the Mine Safety and Health Administration (MSHA) — which did next to nothing under President George W. Bush — has been trying to build itself back up. In addition to taking a hard line with other Massey mines, the agency “has targeted 111 mines with high rates of safety violations, simplified the path to declare a ‘pattern of violations’ that allow MSHA to mete out stronger sanctions on troublesome mines and moved to ease a backlog of disputed violations that has tied up enforcement.”

But MSHA still lacks critical powers to shut down especially dangerous mines and to subpoena documents and witnesses during investigations. The late Sen. Robert Byrd (D-WV) wrote legislation addressing these concerns, but it has languished in Congress and, according to the Pittsburgh Post-Gazette, the incoming chairman of the House Labor Committee doesn’t feel any urgency to get it moving:

The bill passed out of the House Education and Labor Committee on a party line vote in July but never made it to the floor. Now with Republicans taking control of the House, it likely won’t get there in the new Congress. Rep. John Kline, R-Minn., the likely incoming chairman of the Education and Labor Committee, has said he wants to wait until the investigation into the Upper Big Branch explosion is complete before legislating.

Punting on mine safety would make sense for Kline, as he has shown little but contempt for workers during his time in the House. He has voted against minimum wages increases three times, and is a top advocate of the anti-union Secret Ballot Protection Act. When the House Labor Committee held a hearing on the Upper Big Branch disaster, Kline couldn’t even be bothered to show up.

Even if the bill somehow made it out of the House, it would run into the buzzsaw of the Senate, where new members like Sen.-elect Rand Paul (R-KY) don’t believe in any mine safety regulations at all. According to Paul’s theory, mine safety rules will just magically appear, because if they don’t, “no one will apply for those jobs.”

The resurgence of the Labor Department (including MSHA) and its commitment to enforcing labor law has been one of the great successes of the Obama administration. Giving MSHA the tools to do its work effectively is critical, but it seems that such a step may no longer in the cards.

Climate Progress

Journal of Climate: New cloud feedback results “provide support for the high end of current estimates of global climate sensitivity”

Co-author Kevin Hamilton concludes, “If our model results prove to be representative of the real global climate, then climate is actually more sensitive to perturbations by greenhouse gases than current global models predict, and even the highest warming predictions would underestimate the real change we could see.

Another day, another study that suggests we face climate impacts on the high end of current projections.

Contrary to the observation-free wishful thinking of the disinformers and confusionists, the best scientific evidence is, “Clouds Appear to Be Big, Bad Player in Global Warming” “” an amplifying feedback (sorry Lindzen and fellow deniers).  That was how Science described one major 2009 study.

A new paper in Journal of Climate, (subs. req’d), reconciles observed  cloud variations in the tropical and subtropical eastern Pacific region with climate models — and finds that, if their results are correct, “they provide support for the high end of current estimates of global climate sensitivity.”

Here are excerpts from the University of Hawaii news release, “Study could mean greater anticipated global warming” (the source of the quote above):

Read more

Economy

Voters Would Change Constitution To Limit Corporate Spending In Elections

When the Supreme Court invalidated a decades-long ban on corporate spending in federal elections in their Citizens United decision, it was by the narrowest of margins — only one justice. The public is less split on the issue, however. A new poll by the Progressive Change Campaign Committee, which was provided to the Huffington Post, shows that by a double-digit margin, voters want Congress to use a constitutional amendment to overturn that decision and once again restrict corporations from directly spending on elections.

Forty-six percent of voters said that “Congress should consider drastic measures such as a constitutional amendment overturning” Citizens United, while 36 percent disagreed. Only a fifth of voters were undecided on the matter. Rep. Donna Edwards (D-MD) has already authored such an amendment, and told the Huffington Post, “I really concluded that the Supreme Court actually put the challenge out to us, here in the Congress. They said…Congress, you have no authority to regulate. And when the Court says that so directly, it only leaves us one choice.” Sens. John Kerry (D-MA) and Max Baucus (D-MT) are also behind the amendment, which enjoys the strong support of many law professors and former attorneys general.

Short of a constitutional amendment, which would require a two-thirds vote in both houses of Congress and ratification by three-quarters of the states, the DISCLOSE Act offers another possible remedy to the worst aspects of Citizens United. Today in Roll Call, Norman Ornstein of the conservative American Enterprise Institute think tank wrote a stinging op-ed calling on Republicans to support DISCLOSE:

The first is the failure of any Republican Senator to step up and support the DISCLOSE Act, to bring sunlight to the outrageous, anonymous huge funders who played a major role in the 2010 campaigns, hiding behind the cloak of 501(c)(4)s run by groups cynically manipulating weak IRS enforcement of the law. [...]

So where are the previous champions of campaign finance reform? Where is Sen. John McCain (R-Ariz.), whose greatest legislative accomplishment was given a sharp stick in the eye by a 5-4 decision on the Supreme Court? Where are previous supporters of reform — and professed supporters of disclosure — such as Republican Sens. Susan Collins (Maine) and Scott Brown (Mass.)? And most important, where is Sen. Olympia Snowe (R-Maine), who has always been an independent voice, whose Snowe-Jeffords amendment to the campaign reform law was the provision most assaulted by the Citizens United case, who stood up to immense pressure from Senate Minority Leader Mitch McConnell (R-Ky.) and Republican leaders in 2002 to do the right thing?

With this kind of pressure building, PCCC cofounder Adam Green thinks it’s a ripe time for action. “It’s time to stop thinking small-bore. The solution to Citizens United is not merely disclosure, it’s to overturn Citizens United — and even last November’s Republican-skewed electorate agrees,” he told the Huffington Post.

Alyssa

Hungry Like The Wolf

As with all cinematic attempts to translates fairytales for adults, and into live action movies, this looks a little bit silly:

But I’m really happy for Amanda Seyfried that she’s got a role where she gets to be sexual and brave again, and doesn’t have to be innocent and sweet and adorable. And as much as wolfmen, or mermaids, or whatever might not look great or feel plausible on-screen, fairy tales are a reminder that whatever security concerns we have now, the world used to be a much more dangerous and unstable place. A world in which violent men attempt to wrest safety out of the wilderness is ripe for magic, and drama.

Yglesias

Meanwhile, in Korea…

As best I can tell the actually important news story of the day concerns the continued provocations of the Democratic People’s Republic of Korea. I suppose it’s actually good that cable news doesn’t seem very interested in this story, since coverage would likely be hysterical and counterproductive. Still it matters. And Dan Nexon has some smart things to say about it:

What makes this interesting (and dangerous), is that ROK forces–even without U.S. help–are more than a match for anything that the North Koreans can field. This means that the South Korean leadership has any number of plausible military options; if the South Koreans begin to significantly alter their assessment of current trends, these military options will likely appear increasingly attractive.

Still, none of this suggests an alteration in the basic factors that restrain Seoul:

- Before they collapse, North Korean forces will kill a lot of South Koreans and do a lot of damage to South Korea’s economy;

- The United States has no appetite for taking part in an additional large-scale military conflict;

- Uncertainty surrounding Beijing’s likely actions in the event of a conflict; and

- The significant challenges that would come from assuming control of North Korean territory if the conflict leads to ROK victory in a full-blown war.

These four factors–two of which aren’t particularly manipulable–make significant escalation unlikely. But with the developments of the last two days, I’m less sanguine than I was even after the sinking of the Cheonan–especially about the long-term prospects for a peaceful Korean peninsula.

To me the issue for American policymakers is that it’s really not clear why our troops need to be in the middle of this mess. We have no way of mitigating 1 and 3, and no intention I can see of mitigating 4, so at this point our efforts to help South Korea create problems for the United States without offering any clear benefits to our client. Of course we should avoid disengaging in a way that looks like we’re somehow selling the ROK out in the face of DPRK aggression, but we ought to be looking to involve ourselves less and less in this.

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