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Rick Perry Fails Govt 101: Claims Executive Orders Can Repeal Laws Passed By Congress

During Mike Huckabee’s Presidential Forum on Saturday night, Rick Perry repeatedly insisted that the president has the authority to block the implementation of the Affordable Care Act, despite a recent Congressional Research Service report finding to the contrary. “The executive order obviously gives you that authority,” Perry repeated four different times to Virginia Attorney General Ken Cuccinelli, who quizzed Perry on the executive branch’s authority to eliminate a law duly passed by Congress:

CUCCINELLI: You said if elected you would issue an executive order to block the implementation of the federal health care law. What is your authority to unilaterally invalidate a law passed by Congress and signed by the president?

PERRY: Well, obviously an executive order. [...]

CUCCINELLI: As a president, it sounds like you’re ready to simply use an executive order to void this law or large parts of it that you don’t agree with.

PERRY: Absolutely. And I think…

CUCCINELLI: What is your authority for that?

PERRY: The executive order obviously gives you that authority, but also as I said earlier, having men and women in those agencies that are going to share your philosophy…

CUCINELLI: You are taking the position that you can stop the implementation of a law passed by Congress, signed by the president, with an executive order?

PERRY: I am saying we can stop parts of it. The other parts of it, obviously would have to be done from the rules standpoint

Watch it:

But a Congressional Research Service report out just last week found that while a president would be able to alter certain regulations, issuing waivers through executive authority would “likely conflict with an explicit congressional mandate and be viewed ‘incompatible with the express…will of Congress.’”

“A President would not appear to be able to issue an executive order halting an agency from promulgating a rule that is statutorily required by PPACA,” the report said. “A President would not appear to be able to issue an executive order halting statutorily-required programs or mandatory appropriations for a new grant or other program in PPACA.”

Climate Progress

WMO: 2011 Is Warmest La Niña Year on Record and Science “Proves Unequivocally” It’s “Due to Human Activities”

Global temperatures in 2011 are currently the tenth highest on record and are higher than any previous year with a La Niña event, which has a relative cooling influence. The 13 warmest years have all occurred in the 15 years since 1997. The extent of Arctic sea ice in 2011 was the second lowest on record, and its volume was the lowest.

“Our role is to provide the scientific knowledge to inform action by decision makers,” said [World Meteorological Organization] Secretary-General Michel Jarraud. “Our science is solid and it proves unequivocally that the world is warming and that this warming is due to human activities,” he said.

“Concentrations of greenhouse gases in the atmosphere have reached new highs. They are very rapidly approaching levels consistent with a 2-2.4 degree Centigrade rise in average global temperatures which scientists believe could trigger far reaching and irreversible changes in our Earth, biosphere and oceans,” he said.

graphic

That’s from the WMO news release highlighting the “provisional annual World Meteorological Organization Statement on the Status of the Global Climate, which gives a global temperature assessment and a snapshot of weather and climate events around the world in 2011.”

Here’s more:

Read more

NEWS FLASH

China: a ‘legally binding’ emissions treaty is ‘possible for us’ | “We do not rule out the possibility of legally binding. It is possible for us, but it depends on the negotiations,” Su Wei, China’s lead negotiator, said – speaking in English – at a media briefing on the sidelines of the two-week talks in South Africa, Reuters reports. “It is more reasonable for China to set a post-2020 target to restrict its carbon emissions, rather than a reduction goal,” Xu Huaqing, a researcher from the Energy Research Institute affiliated with the National Development and Reform Commission, the government body that oversees climate change issues in China, told China Daily.

Politics

In Suspending Campaign, Herman Cain Blames The Media: ‘That Spin Hurts’

Moments ago, Herman Cain — whose campaign has been dogged by allegations of sexual harassment first unearthed and reported by Politico about two months ago — announced that he is suspending his campaign “because of these false and unproved accusations” that have inflicted a “tremendous painful price on my family.”

With his wife Gloria standing behind him and cheering him on, Cain said the accusations about his infidelity and harassment are being “spinned in the media,” and “that spin hurts.” “I am at peace with my wife, and she is at peace with me!” Cain insisted.

Cain added that the accusations have cast a “cloud of doubt over me and this campaign” and were distracting from his ability to present solutions to the American public. Watch it:

Cain also announced that he is unveiling TheCainSolutions.com to continue his advocacy for his regressive 9-9-9 tax plan, among other things. The site currently has no solutions on it and only contains an email sign-up form.

Cain said, “I will make an endorsement in the near future.” And he concluded his campaign by again quoting from the Pokemon movie: “Life can be a challenge, life can seem impossible, but it’s never easy when there’s so much on the line.”

Special Topic

Scott Walker’s New Policy May Result In Protesters Being Charged For The Pepper Spray Used Against Them

Under a new policy unveiled late this week by the Walker administration, protesters who apply for permits to protest outside government buildings in Wisconsin may be charged for clean-up costs and the presence of police officers. “Gov. Scott Walker now wants to charge protesters for the time that the police that will monitor them and presumably pepper spray them,” Current TV’s Keith Olbermann observed last night. Watch it:

Marquette University Law School prof. Edward Fallone told the Milwaukee Journal-Sentinel that he’s “skeptical about charging people to express their First Amendment opinion. … You can’t really put a price tag on the First Amendment.”

Recently, the city of Nashville billed Occupy Nashville $1,045 for security the day before it decided to evict the entire encampment. The Republican governor of that state, Bill Haslam, is also in the process of formulating a new policy to restrict the ability of protesters to occupy state grounds.

NEWS FLASH

Muslims compared to cockroaches at St. Louis ACT! for America event | St. Louis Post-Dispatch’s Tim Townsend attended an anti-Muslim event hosted by ACT! for America this week where he witnessed the following remark. “They’re everywhere,” one woman in the audience whispered to her friend. “They’re like cockroaches.” Townsend concludes, “Unfortunately for American Muslims, we are about to enter a presidential election year, during which groups like ACT! for America and the Clarion Fund have historically spread anti-Islam messages that promote fear of ‘the other.’” As we explained in Fear, Inc., the hate group ACT!, founded by Islamophobe Brigitte Gabriel, has a budget of nearly $1 million and comprises over 550 chapters and 170,000 members worldwide.

Climate Progress

Washington Post Edits Out Climate Change from Its Sea-Level Rise Story

http://thinkprogress.org/wp-content/uploads/2011/03/SLR-PNAS-pic.gif

Projected sea level rise IF we don’t get off our current emissions path (which is between A2 and A1FI).  The WashPost omitted any mention of climate change in its sea level rise story, even though a key source talked about it with the reporter.

by Elliott Negin, Union of Concerned Scientists, in a HuffPost repost. [I add some comments of my own at the end -- JR.]

The Washington Post flunked Climate Science Reporting 101 this week, fumbling an opportunity to remind its readers about the threat global warming poses right here, right now.

On Monday, the day the latest round of annual U.N. climate negotiations opened in Durban, South Africa, the paper ran a scene-setter in its front section headlined “Global pact gives way to local action.” It pointed out that countries, states, provinces and municipalities are initiating their own policies to cut carbon emissions in the absence of a universal binding agreement. That story was not the problem.

The second story, which was plastered on the paper’s front page, is where the Post fell down on the job.

In Chincoteague, a stampede against beach changes” reported on a dispute between the federal government and town leaders in a small Virginia coastal resort town best known for its wild ponies. The town’s 4,300 year-round residents survive on tourism — some 14,000 vacationers visit daily every summer, according to the state transportation department. But its beach — a part of the Assateague Island National Seashore and the Chincoteague National Wildlife Refuge — is threatened by sea-level rise.

Without getting bogged down in the details, suffice it to say that the U.S. Fish and Wildlife Service, the federal agency that manages national refuges, recently proposed a new, 15-year plan to safeguard the more than 300 species of birds and other wildlife at Chincoteague. One of the options would move the public beach about a mile north where it would be less vulnerable to sea-level rise, build remote parking lots in a more stable area, and shuttle beachgoers in buses. The town mayor and many residents oppose the plan, fearing the proposed changes would turn off tourists.

The Post story included the what, who, where and how of basic journalism. What was missing was the why. Why is sea level rising and eroding the beach in Chincoteague?

Read more

Climate Progress

What Would Ben Franklin Do? Influences of America’s First Environmentalist

by Lauren Simenauer, cross posted from Science Progress

In the late 18th century, Benjamin Franklin was something of an icon in Europe. The French hung portraits of Franklin on their walls much in the same way college students pay tribute to John Belushi or Jim Morrison in their dorms. Everywhere Franklin went, his feisty personality preceded him, and it was this reputation in Europe that played a key role in securing the foreign aid the revolutionaries needed to triumph over the British. Many consider the celebrated polymath to be the first “American” in numerous regards—in entrepreneurialism, in political discourse, and, of course, in partying. As it turns out, Franklin was also the first American environmentalist, and his inventions influenced the scientific community for decades.

Energy Efficiency

In the age of clean energy technologies racing to meet grid parity, we often forget that there was a push for cleaner energy in the time of the founders. Ben Franklin himself designed a four-sided street lamp to replace the commonly used globe lamps. A build-up of soot darkened the globe lamps, which required near-daily cleaning, and let off an excess of smoke. The Franklin lamp increased air circulation within the lamps, allowing for better fuel efficiency and less cleaning.

Similarly, Franklin sought to design a more fuel-efficient stove that consumed less wood and produced more heat. Incidentally, though Franklin managed to sell multiple sets, the stove did not work very well. It was later improved upon, however, and has come to be known as the “Franklin Stove.”

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