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Health

The Implications Of The ‘They Will Make You Eat Broccoli’ Attack

During a Senate Judiciary Committee hearing on the constitutionality of the Affordable Care Act, Sen. Mike Lee (R-UT) pressed the GOP’s argument that if Congress can force you to purchase health insurance, it can also compel citizens to eat broccoli or go to the gym or take part in some other activity. “Congress could assemble a panel of experts,” Lee began, “that say that if you eat four servings of green leafy vegetables every single day, you’re 50 percent less likely from heart disease, cancer, stroke and a whole host of other ailments, that’s going to cost the government more money. That’s a pretty tight nexus there.”

Walter Dellinger, former Solicitor General in the Clinton administration, disagreed suggesting that Lee’s hypothetical was used to attack Social Security and the minimum wage:

DELLINGER: This is a direct regulation of a commercial activity, not something that merely affects a commercial activity.

LEE: Okay, let’s change the hypothetical. Instead of having to eat them, you have to take the first $200 out of each month’s earnings and purchase the equivalent of fours servings of green leafy vegetables to eat each day. This all of the sudden is economic activity…

DELLINGER: This is a provision to buy something that you cannot be assured you will never use and cannot be assured you won’t transfer the costs to others. So I think it’s distinguishable. And secondly, the very form of that argument was used to attack the minimum wage and Social Security…If the issue was the constitutionality of the minimum wage law and it was 1937, you would be asking me, is it a regulation of commerce for Congress to have a minimum wage of $500,000 an hour. And that has never been a legitimate…that form of argument I think was used against Social Security, was used against Medicare and Congress in fact has never abused that. It has never set the retirement age at 35 as the opponents of Social Security said would be possible if you upheld a retriement plan for people over 65.

Watch it:

The implications of Lee’s hypothetical are quite significant: he’s suggesting that Congress is unable or unwilling to make rational distinctions between sound policy (making sure everyone takes responsibility for their health care expenditures so that those costs aren’t passed on throughout the system) and unreasonable requirements (like requiring people to eat a certain vegetable or purchase it). If that’s true, then we’re all in some trouble. And if one were to take his logic further, I’m sure we can find all sorts of existing laws that if expanded, could potentially circumvent cherished liberties, but nobody is proposing going to those extremes — and for good reason.

Security

Susana Martinez’s Executive Order Has Its Problems, But It’s Not SB-1070

Shortly after she won the New Mexico governership, Susana Martinez (R) told Univision that she did not support bringing Arizona’s tough immigration law, SB-1070, to her state. “No, no, I don’t want that for New Mexico,” said Martinez. However, Martinez has come under some sharp criticism for issuing an executive order which has caused some opponents to claim that the governor has “created an SB 1070-like policy.”

Martinez’s order rescinds a policy by former Gov. Bill Richardson (D-NM) which prohibited state law enforcement from asking about a person’s immigration status only for the purpose of determining whether the individual was in violation of federal immigration laws. However, it appears Martinez is going a few steps farther by actually directing state law enforcement to ask about a person’s immigration status upon arrest:

WHEREAS, when a person, regardless of race, is arrested for a crime, state law enforcement officers shall inquire into the criminal suspect’s immigration status, and report relevant information to federal immigration enforcement authorities

I spoke with Melissa Keaney today, an attorney at the National Immigration Law Center who expressed some serious concerns about Martinez’s directive. To begin with, the executive order doesn’t specify at what point during the process of being arrested a person’s status should be checked. Given the fact that a lot of times victims and witnesses accidentally get arrested before it is clear who committed a crime, it makes a big difference whether a person is asked about their immigration status upon being booked in jail or at the time of conviction. Keaney also pointed out that the Secure Communities program — which allows police to identify undocumented immigrants by screening their fingerprints against immigration databases — is already used in 97 percent of the state. That means that Martinez is essentially adding yet another layer of police involvement in the enforcement of federal immigration law.

However, despite these troubling issues with Martinez’s executive order, Keaney affirmed, “I could not say this is an SB-1070 copycat by any stretch of the imagination.” Brittney Nystrom, Director of Policy and Legal Affairs at the National Immigration Forum agrees. She pointed out to me that while SB-1070 allows for a warrantless arrest as soon as there is probable cause that the individual committed a deportable offense, Martinez’s order appears to be be limited to asking questions about immigration status and then reporting that information to Immigration and Customs Enforcement (ICE). “No arrest power is set forth for New Mexico law enforcement officers,” stated Nystrom. Read more

Climate Progress

In Reversal Of Bush Policy, EPA To Restrict Rocket Fuel Ingredient In Tap Water

After the Bush administration’s long fight to deter regulation of perchlorate, a toxic fuel ingredient found in everyday tap water, the Environmental Protection Agency (EPA) announced today that it will likely regulate and set a safe standard for the substance, which for years has been widely known to cause thyroid problems in young children and pregnant women. Lisa Jackson, EPA administrator, said today that “[c]lean water is critical to the health and prosperity of every American community and a fundamental concern to every American family,” and outlined the Obama administration’s new standards for the chemical (which could take up to two years to develop).

As a result of rocket fuel testing sites improperly disposing the fuel ingredient, significant levels of perchlorate have been found in more than four percent of public water systems, and an estimated 5 to 17 million people may be drinking water contaminated with the rocket fuel component right now.

Back in 2003, in the name of military “readiness,” the Bush administration asked Congress to shield the Pentagon and other defense contractors from an array of environmental laws, and specifically those pertaining to perchlorate, even though EPA’s assessment at the time was that the chemical could cause serious health risks at one part per billion. The Pentagon and several of its suppliers, which would have faced clean up costs in the billions of dollars, argued that concentrations of perchlorate are safe in drinking water up to 200 times what the EPA proposed.

Then, in 2008, the EPA released a proposal outlining the safe contamination levels of perchlorate, which was heavily edited by the White House Office of Management and Budget (OMB). That same year, Melanie Marty, a representative of California’s Office of Environmental Health Hazard Assessment and chair of EPA’s Children’s Health Protection Advisory Committee, said that the EPA’s recommended standard on perchlorate “is not supported by the underlying science and can result in exposures that pose neurodevelopmental risks in early life.”

Senate Environment and Public Works Committee Chairwoman Barbara Boxer (D-CA) characterized the EPA’s move as “wonderful news”:

After calling for this standard for over eight years, I was so pleased to hear Administrator [Lisa] Jackson’s wonderful news that we are finally going to protect our families from perchlorate,’ said Senate Environment and Public Works Committee Chairwoman Barbara Boxer. ‘Exposure to perchlorate in drinking water is dangerous, especially for pregnant women, infants and children, because it can harm the body’s production of hormones necessary for mental and physical development.’

It’s important to note that a final decision on perchlorate’s regulation won’t be made until EPA’s public health assessment has been peer-reviewed and finalized, but based on current studies, Jackson said, “it is likely that we will tighten our drinking water standards for this chemical.”

Paul Breer

Climate Progress

Fox News science columnist seeks sources to mock climate science — even if they know it is accurate

Fox also hosts Joe Bastardi to push ‘utter nonsense’ on climate — but fails to question his unscientific claims about cooling.

In December, we learned that Fox News managing editor Bill Sammon required journalists and producers that report on even the most unequivocal scientific facts about global warming to dispute those facts  “IMMEDIATELY.”  This has now been carried to its illogical extreme.

Gawker reports that Fox News anti-science columnist Gene Koprowski is “seeking sources to to explain the ‘ridiculousness’ of the idea of global warming causing snow.”  Koprowski “posted this request to Profnet, the service that brings together desperate journalists and publicity-hungry sources” [italics added]:

Read more

Politics

Exclusive: Republican Budget Chairman Paul Ryan Spoke At The Koch Strategy Meeting

Last October, ThinkProgress helped break the story about secret political strategy meetings, convened by polluter billionaires Charles and David Koch of Koch Industries, to coordinate the funding and direction of the conservative movement. Previous meetings have included Supreme Court Justices Clarence Thomas and Antonin Scalia, top hedge fund managers like Cliff Asness, business executives, Republican strategists, and various other political operatives. Following the revelation of these meetings, a group of progressive organizations protested the most recent meeting in Rancho Mirage, California last weekend. ThinkProgress revealed a partial list of the attendees, including GOP presidential candidate Herman Cain, Americans for Prosperity officials like Alan Cobb, political consultant Michael Goldfarb, longtime lobbyist Nancy Pfotenhauer, and a number of donors, including Home Depot founder Ken Langone and billionaire heiress Diane Hendricks.

ThinkProgress has now learned of another attendee addressing the Koch meeting: House Budget Committee Chairman Rep. Paul Ryan (R-WI). Ryan’s office confirmed his attendance this afternoon to ThinkProgress. Ryan, who has a long record of flying off to junkets for groups of bankers like the Club for Growth, is pushing forward with radical cuts to Medicare and Social Security in his “Roadmap for America’s Future.” In line with Koch’s peculiar supply-side side ideology of soaking the the poor, Ryan’s budget idea also calls for increasing taxes on the middle class, while cutting them for the rich. Other Republican legislators were at the event, including Majority Leader Rep. Eric Cantor (R-VA).

The Politico’s Ken Vogel, who was threatened with arrest by Koch’s security detail, noted that retired Sysco chief John Woodhouse and former Jack Abramoff associate Patrick Pizzella were at the event as well.

Economy

FDA Inspection Finds Salmonella Tainted Eggs, As GOP Proposes Cutting Thousands Of Food Inspectors

The Food and Drug Administration announced yesterday that it finished a round of egg farm inspections that were initiated following a salmonella outbreak in August that sickened more than 1,800 people, in the largest such outbreak since 1973. The FDA inspectors found that one farm (which the agency refused to identify) had a serious salmonella problem, while others had issues like failing to adequately control “rodent activity” and preventing “stray animals” from wandering into their facilities.

The FDA clearly did its job here, catching a potential problem before it actually turned into an outbreak of foodborne illness. However, if Republicans have their way, the FDA and other food inspectors at the Food Safety and Inspection Service are in for big budget cuts.

Under the House Republicans’ proposal to reduce non-defense discretionary spending, the FDA’s $2.3 billion budget (which makes up a whopping 0.07 percent of the overall federal budget) will be reduced by 20 percent, imperiling the jobs of 3,000 inspectors.

And that’s child’s play compared to the 40 percent hit the FDA would be in for under the House Republican Study Committee’s spending plan, or the 62 percent cut it would see under Sen. Rand Paul’s (R-KY) budget. In a final kicker, Republicans are also threatening to defund the recently passed Food Safety Modernization Act, which boosts the inspection abilities of the FDA, even though it will actually save taxpayers money in the long run.

At the moment, one out of six Americans suffers from a foodborne illness every year, with 128,000 of those resulting in hospitalization. Ultimately, 3,000 people die from foodborne illness annually, according to the Department of Health and Human Services. Georgetown University’s Produce Safety Project has found that foodborne illness costs the U.S. $152 billion each year. With the growing amount of food that is coming into the U.S. from all over the world, the FDA and food safety inspection is becoming more, not less important.

The Republican argument — most vocally espoused by Paul — is that the market will simply self-regulate bad egg producers out of existence. Of course, that would only happen if egg buyers had perfect information (do you know where the eggs you buy on any given instance are from?), and even if perfect information existed, people would have to get sick and possibly die before the market worked its magic. The conservative vision of self-regulation entails needless pain and suffering that actual regulation can prevent.

Republicans have been extremely reluctant to lay out what, exactly, their proposed spending cuts would practically mean, but this is one area, among many others, where their proposed cuts would have real consequences in the everyday lives of Americans.

Yglesias

China Eying Pearl River Mega-City

Win the future:

The new mega-city will cover a large part of China’s manufacturing heartland, stretching from Guangzhou to Shenzhen and including Foshan, Dongguan, Zhongshan, Zhuhai, Jiangmen, Huizhou and Zhaoqing. Together, they account for nearly a tenth of the Chinese economy. Over the next six years, around 150 major infrastructure projects will mesh the transport, energy, water and telecommunications networks of the nine cities together, at a cost of some 2 trillion yuan (£190 billion). An express rail line will also connect the hub with nearby Hong Kong

As Ryan Avent points out, it’s not even that crazy:

The region is already quite densely populated, as you can see above, and the metro areas within the new city limits currently bleed into each other. Neither is the area of the new city that outrageous. It’s about 120 miles from Zhaoqing to Huizhou, not much more than the distance from Malibu to the eastern side of the Moreno Valley, between which spans the Greater Los Angeles metropolitan area (home to about 17m people).

What the Chinese effort actually seems to entail is a significant improvement in transportation around the region, harmonised local policies, and a rationalised metropolitan system of governance. And America could learn something from this. The New York metropolitan area (about half the size and population of the above mega city) stretches across four states. If the jurisdictions that make up the New York area were better able to coordinate, they city might not find itself cancelling critical infrastructure projects to close short-term budget gaps.

Indeed, check out a rough satellite view of the area and you’ll see that envisioning the Pearl River Delta as a mega-city seems fairly reasonable:

I would say the key merit of this plan isn’t just the possibility for more coherent regional planning (it might work out well, or the planning might be out of touch and inept) so much as it is the deliberate desire to keep filling in China’s most prosperous, highest-productivity area. And it’s quite reasonable to expect people to continue flowing away from the poor countryside to opportunity in richer areas, and specifically this area which is quite prosperous by Chinese standards. Rich, productive urban areas are, after all, where the best opportunities lie and it’s sensible for the Chinese to be planning for the infrastructure needs of a future in which more people flock to them.

The tragedy is that we’ve largely stopped doing this in the United States. Of course people still flock to the Boston-Washington corridor, the Bay Area, etc. But we don’t adopt the kind of infrastructure and zoning policies that would facilitate those areas becoming substantial denser. Consequently, instead of having the fastest net population growth in the richest metropolitan areas (or states) we have people flocking to Houston and Phoenix in search of cheap housing.

Climate Progress

WaPo Blogger Andrew Freedman Is Very Worried That Climate Scientists Are Mean To Deniers

The Washington Post’s Andrew Freedman is an excellent reporter and a good person with whom to share a beer. In the past, he has understood that part of his role as a journalist is to help readers defend themselves from the anti-science propaganda campaign intended to defeat climate policy. However, in an execrable post today, he attacks leading climate scientist Dr. Kevin Trenberth for daring to use the word “deniers” to describe people who deny that humans are dangerously warming the planet. Seemingly arguing that “civility” is more important than whether people are telling the truth, Freedman lets pollution operative Marc Morano slander top climate scientists as “con men.” Professor Scott Mandia, a climate scientist who has organized the Climate Science Rapid Response Team to help journalists like Freedman do a better job, responded succinctly in the comments:

The world is round, smoking is strongly linked to lung cancer, and humans are causing the planet to warm. To insist otherwise is to be in denial. Trenberth is dealing with reality.

For the record, Watts along with McIntyre attempted to trash Dr. Keith Briffa’s reputation while Briffa was seriously ill in the hospital during the Yamal non-conspiracy.

Watts also claims that scientists are rigging the thermometer record to promote false warming.

Watts has no place to complain when he calls scientists frauds. By the way, Watts is not a “meteorologist.” He does not hold that degree. He is a weatherman.

Why would you give Marc Morano any space? Worse, you allowed him to segue from the Arizona shooting to calling scientists “con men”.

Andrew, this is just a bad piece and I think you will look back on this as one of your low moments.

Freedman seems to think that the path to “a more civil dialogue on climate science” lies in a “Reconciliation in the Climate Change Debate” conference, ignoring the fact that the conference is funded by the oil industry and populated by climate deniers like Steve McIntyre and Steve Goddard. In fact, a civil dialogue requires an acceptance of reality by all participants — instead of the toxic propaganda of the pollution-funded climate deniers.

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