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Indiana Will Enforce Illegal Law To Defund Planned Parenthood, May Lose All Medicaid Funds

In the race to be the first, the Indiana GOP plowed through common sense and internal opposition to pass a law stripping Planned Parenthood of public funding. When signing the bill, Indiana Gov. Mitch Daniels (R) said non-abortion services would “remain readily available” from other providers. In reality, by signing the law, Daniels jeopardized federal funding for all family planning and health care providers and, as a result, access to health care for thousands of low-income Hoosiers.

Because the law bans Planned Parenthood from receiving Medicaid funds in Indiana, it violates a federal law that prevents any state from denying payment to health care clinics that provide a “constitutionally protected service.” Finding Indiana in blatant violation of this law, the U.S Centers for Medicare & Medicaid Services Administrator Don Berwick rejected the law and notified the state that it may lose “all federal funding of its Medicaid program.” But rather than reconsider the drastic move, Indiana will “defy” CMS and continue to implement the law:

Indiana plans to defy an Obama administration letter and continue barring Planned Parenthood from receiving federal funding — a move that, if continued, could cost the state more than $4 billion in Medicaid funds. [...]

The Indiana Family and Social Services Administration plans to continue implementing the legislation, signed by Gov. Mitch Daniels last month, that defunded Planned Parenthood.

“For now, our lawyers advise us that we must continue to follow the law the Indiana General Assembly passed,”
says Marcus Barlow, director of communications for FSSA. “We will seek guidance from the attorney general on how to proceed going forward.”

A CMS source told Politico that “the entirety of Indiana’s federal Medicaid funding” is at stake should they violate federal law. Last year, Indiana received $4.3 billion in federal funding which “accounts for about two-thirds of the state’s $5.9 billion Medicaid budget.” About $3 million of that funding goes to Indiana’s 28 Planned Parenthood clinics, which, according to Planned Parenthood of Indiana, served about 9,300 low-income patients last year. Of these clinics, only four provide abortion services. What’s more, only 3 percent of their services involve abortions. In going to such an extreme to prohibit one group’s rare practice of a constitutionally protected service, Indiana is imperiling the health care of a great number of Hoosiers to make a political point.

Of course, for many in the GOP, the evisceration of Medicaid seems to be an end goal. At the beginning of this year, GOP governors sought leeway to cut down on their Medicaid rolls through exemption from the health care reform law. House Budget Chairman Paul Ryan’s (R-WI) budget plan seemed to deliver by turning Medicaid into a block grant program, effectively allowing states to cut eligibility and provide less coverage. Idaho Gov. Butch Otter (R) took matters into his own hands and signed an executive order in April that will essentially end Medicaid in his state.

But, as Planned Parenthood President Cecile Richards notes, CMS’s rebuke “serves as a warning to other states” considering a similar ploy with Medicaid. While Kansas, North Carolina, and Texas are toying with similar legislation, Tennessee has already “backed off attempts to defund Planned Parenthood specifically because of concerns over constitutionality.”

Climate Progress

Oxfam Predicts Climate Change will Help Double Food Prices by 2030: “We Are Turning Abundance into Scarcity”

One of the great tragedies of failing to act boldly to restrict greenhouse gases is that it will turn the great abundance humanity has known into scarcity.  As part of our series on climate change and food insecurity, our Climate Progress Intern, Tyce Herrman, takes a look at some predictions on the rising price of food.

The international aid and development organization Oxfam has released some startling figures: Food prices may jump by as much as 180% by 2030, driven by poor policies and a changing climate.  Already, the FAO estimates 1 billion people are starving and another 2.5 billion are malnourished.  With food prices climbing, yield productivity flat lining, and the global population on track to hit 9 billion by 2050, it appears we are on the brink of major catastrophe.

Ironically, current agriculture and food delivery practices – which are touted as the only way to feed a rapidly-expanding population – are actually preventing people from accessing food, while also exacerbating climate change.

As renowned author Frances Moore Lappé declared at an event yesterday to unveil Oxfam’s latest report, current policies “are turning abundance into scarcity.”

Oxfam was founded in 1942 to bring food relief to communities victimized by World War II. The organization calls the current crisis a “product of a grotesque global injustice” caused by bad energy and agriculture practices, inefficient food aid and poor government oversight. Here are some specific problems highlighted in Oxfam’s report:

Read more

Dimensions Of Inequality

I’m reading Ron Chernow’s Alexander Hamilton, and since he’s a Hamilton fan, he naturally makes a big deal out of the irony of southern slaveholding white supremacists like James Madison and Thomas Jefferson positioning themselves as the friends of equality and the little guy against Hamilton. And, of course, by our lights it is ironic. But it’s worth understanding the fact that this wasn’t really ironic at all by the lights of the time. Egalitarianism and white supremacy went hand in hand.

This is something Alan Taylor’s American Colonies is really good on. His point is that if you look at the European aristocrats who ran the governments that colonized America, none of them were big into racism. In their eyes an African slave, a (Native) American savage, and a European peasant are all about on a par — they’re the scum of the earth, to be exploited economically, and perhaps feared as a potential source of violence and disorder. European governments of the 16th and 17th centuries typically presided over multiple linguistic groups, and important aristocrats could have very diverse landholdings. This was a very class-bound society, and the division between the elite and commoners was much more important than any proto-national considerations. In one possible world, this mindset is transplanted onto American soil as a wealthy elite lords over a multi-cultural, multi-racial proletariat.

But that didn’t happen. Instead, especially in the territories that became the USA, a strongly anti-classist Jeffersonian (and later Jacksonian) ideology of white supremacy developed. It’s not, “on the one hand, racism; on the other hand, egalitarianism.” It’s “we’re all equal in our privileged whiteness.”

I thought of this when I read Ellis Cose on declining perceptions of anti-black bias among the younger generation of African-American elites. The United States is clearly a much less racist society in 2011 than it was 50 years ago. But it’s also become a much more class-bound society. Working class whites have seen a huge erosion in social privilege over and above the concrete economic struggles of the working class, and white elites have much less of a sense of solidarity with the white working class than was the case in the past. And African-American elites are increasingly just elites, living in the same neighborhoods and attending the same schools as white elites. That’s not to say we should believe in a “lump of justice” such that racial progress necessarily comes at the expense of economic equality. But there are multiple dimensions of inequality and social privilege, and tradeoffs between them do happen at the margin.

Economy

Refusing To Be Bullied By Online Retailers, California Legislators Pass Bill To Close ‘Amazon Tax Loophole’

As ThinkProgress has been reporting, online retailers across the country currently benefit from an “Amazon Tax Loophole,” which allows big online sellers like Amazon.com to avoid paying the same sales taxes as traditional retailers. This tax loophole is costly to state budgets. For example, in “2011 alone, Wisconsin will lose an estimated $127 million in uncollected sales tax on purchases made online.”

Lawmakers in California, which has cut more than $1 billion from the University of California and California State University systems to tackle deficits, moved to close this loophole yesterday. The California Assembly passed the final bill that would require online retailers to collect sales taxes just like traditional retailers:

The last of three bills aimed at getting the Seattle giant and other out-of-state online retailers to pay sales tax passed the Assembly on Wednesday afternoon. “It’s something we’ve been working on for years,” said Assemblywoman Nancy Skinner, D-Berkeley, who authored the bill. “But this is the first time that so many businesses up and down the state are supporting it.”

The passage of the legislation marks one of the first major victories for closing the online retailer loophole nationwide. Previously, the South Carolina Legislature was successfully bullied into approving the loophole, and Gov. Rick Perry (R-TX) vetoed legislation that would’ve closed the loophole in his state. The California bills will now go to the state Senate, which previously passed a different version, and then the bills will be sent to the desk of Gov. Jerry Brown (D). Amazon has previously threatened to cut all affiliate ties with the state if it closes the online sales tax loophole.

LGBT

Servicemember Discharged Under Don’t Ask, Don’t Tell In April

The Pentagon and the Air Force have confirmed to Metro Weekly’s Chris Geidner that one servicemember has been discharged since the military announced more lenient guidelines for enforcing the ban against homosexual conduct. The new rules — announced in March and October of 2010 — introduced various changes from raising the level of the officer who is authorized to start a fact-finding inquiry or order a separation proceeding to requiring the service branch secretary to approve the separation.

From Geidner’s report:

An Air Force spokesman confirmed today that the secretary of the Air Force approved a discharge under the military’s ”Don’t Ask, Don’t Tell” policy on April 29 of this year. The discharge, according to a Pentagon spokeswoman, is the only such discharge since the Pentagon on Oct. 21, 2010, directed that DADT discharges would require the approval of the service branch secretary. [...]

Air Force Major Joel Harper, an Air Force spokesman, clarified the specifics of the discharge to Metro Weekly, writing, ”On April 29th, 2011, the Secretary of the Air Force approved the discharge of an Airman under the provisions of 10 USC 654, after coordination with the DoD General Counsel [Jeh Johnson] and the Under Secretary of Defense for Personnel and Readiness [Stanley].”
Harper continued, ”Each of these officials evaluated the case carefully, and concluded that separation was appropriate. The Airman in the case asked to be separated expeditiously.”

President Obama signed repeal of the ban on open service in December, but the policy will remain in place until 60 days after the president, defense secretary, and chairman of the Joint Chiefs of Staff certify that repeal will not undermine military readiness and effectiveness. Just yesterday, the White House revealed a new website touting its accomplishment of repealing DADT.

Justice

Why Rick Scott’s Drug Testing Scheme Violates The Constitution

On Tuesday, Florida Gov. Rick Scott (R) signed a law requiring welfare recipients to undergo drug testing — potentially providing thousands of new customers to Solantic, a company Scott used to run that is now owned by a trust in his wife’s name. The ACLU responded almost immediately with a lawsuit challenging this law, and, as Professor Adam Winkler explains, this lawsuit is very likely to succeed:

Random drug testing is what is known as a “suspicion-less” search. Even without probable cause to believe the person required to pee in a cup has done anything wrong, he or she is forced to turn over bodily fluids for government inspection.

The Supreme Court has upheld the ability of government to mandate random drug tests in a few limited circumstances. The earliest cases held that people with sensitive government jobs in high-risk public safety environments, like railroad operators, or involving national security, like border and customs agents, could be required to submit to testing. The Court’s most expansive ruling allowed public high schools to randomly test student athletes, even though the public safety concerns weren’t nearly as apparent.

High school students, however, have historically enjoyed fewer constitutional protections than mature adults, and courts have generally frowned upon random drug testing of them. Indeed, courts have stuck down policies just like the ones put in place by Florida this week. (See, for example, here and here.)

Scott’s self-enriching drug testing plan is merely the latest example of Republicans ignoring the Constitution to push their own partisan agenda. Indeed, GOP attempts to rewrite the Constitution to achieve their own partisan objectives have become so common that Scott’s assault on the Fourth Amendment is almost passé:

  • Ending Senate Elections: Sen. Mike Lee (R-UT) recently claimed that the ratification of the 17th Amendment, which allows voters to elect their own senators, “was a mistake.” Scalia agrees.
  • Social Security and Medicare: Even though the House GOP’s plan to eliminate Medicare has thrown the GOP’s poll numbers into a nose dive, several GOP senators want to repeal Medicare and Social Security by having them declared unconstitutional.

Scott, however, may win a prize as the first GOPer to sign an unconstitutional law that may be designed to increase his own already massive fortune.

Security

Would Mitt Romney Sneer At Nelson Mandela For Leading From Behind?

Mitt Romney announced in a speech today in New Hampshire that he is running for president. On foreign policy, the former Massachusetts governor hit all the silly Fox News-inspired, attack-Obama talking points, such as the claim that the president went around the world apologizing for America. And he even threw out some of the false attacks of Obama on Israel. Interestingly though, he also mocked the administration’s so-called “leading from behind” strategy on Libya:

ROMNEY: A few months into office, he traveled around the globe to apologize for America. At a time of historic change and great opportunity in the Arab world, he’s hesitant and uncertain. He hesitated to speak out for the dissidents in Iran. His administration boasts that he is leading from behind in Libya. He speaks with firmness and clarity however, when it comes to Israel. He seems firmly and clearly determined to undermine our long-time friend and ally. He’s treating Israel the same way so many European countries have, with suspicion and distrust and an assumption that Israel is somehow at fault.

Watch it:

Neocons first got wind of this strategy after a New Yorker article quoted an anonymous Obama adviser describing the President’s actions in Libya as “leading from behind.” The right-wing thought they’d stumbled upon a real gem. Among the trove of mockery, Commentary’s John Podhoretz claimed it damages Obama’s “chances for reelection” because it will be “thrown in his face.” This seems to be exactly what Romney was trying to do. But as this blog has documented, Romney seems to be unaware that he’s taking a shot at Nelson Mandela, who has also advocated this kind of leadership style:

It is better to lead from behind and to put others in front, especially when you celebrate victory when nice things occur. You take the front line when there is danger. Then people will appreciate your leadership.”

And as the President’s decision to take out Osama bin Laden demonstrates, sometimes he’s out front when it’s dangerous, but lets others take the lead when its appropriate — precisely what Mandela was talking about.

Even Condoleezza Rice thought Obama’s strategy on Libya was a good one. “I think it’s good that others can take lead like the British and French,” she said on CNN last month.

But for Romney and those on the right that want to score political points in bad faith, reflexive attacks appear to be preferable over thoughtful discourse.

NEWS FLASH

Have Mainstream Media Caught On To Tax Expenditures? | Any serious effort to reduce the deficit will need to include clearing the tax code of what are known as “tax expenditures” — spending programs that are administered through the tax code. Subsidies for Big Oil are an egregious example, but “the amount the government spends on tax expenditures in real dollars has grown from $294 billion in 1977 to $981 billion in 2009 — an increase of more than 230 percent.” The president’s deficit commission and plenty of budget plans (including the Center for American Progress’) call for cutting this wasteful form of spending to reduce the deficit. Gadi Dechter from the Doing What Works project crafted this chart illustrating an uptick in the media mentions of tax expenditures over the last several months, showing that maybe this idea is catching on:

NEWS FLASH

Harlem Pastors Fear ‘Harmful’ Pride Picnic Will Promote Pedophilia And Bestiality | Some New York City pastors are concerned that a Harlem gay pride picnic is going to tear apart the fabric of their community and have attacked it using absurdly offensive stereotypes. Dr. Ronald Ferguson is afraid children “will think it’s okay to be a pedophile or have sex with animals” because “God does not want to see homosexuals in our parks.” Pastor Charles Curtis is worried because “the park is a family area, and the homosexual agenda will do nothing but harm the community.”

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