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LGBT

Minnesota House Civil Law Committee Advances Marriage Equality

As expected, the Minnesota House Civil Law Committee advanced marriage equality legislation tonight with a vote of 10-7, reflecting today’s similar vote in the Senate Judiciary Committee. The bill now advances to the full House, but as in the Senate, its potential for passage there is not yet known. Still, that the bill would advance to the floor of both chambers just months after the state defeated a constitutional amendment to ban same-sex marriage speaks to incredible progress in the Land of 10,000 Lakes. As was mentioned during the discussion this evening, Republicans thought it was more important to ban same-sex marriage than even pass a state budget, and the expediency of this equality legislation speaks to a much greater attention to the welfare of all Minnesotans. The Democratic-Farmer-Labor Party has committed to passing a budget before allowing a floor vote on marriage.

Climate Progress

In Search Of Energy Metaphors: Debunking The Myth Of The Inadequacy Of ‘Current Renewables’

Last month, I was on a panel with someone who kept kept saying “current renewables” were inadequate to address the climate problem and what we needed to do is invest in ”future renewables.” By that he meant increased research and development, of course, and not continued aggressive deployment.

I began my comments with this metaphor:

“There’s no useful intellectual distinction between ‘current’ and ‘future’ renewables. It’s like saying my daughter, who’s six, is not the same person once she becomes an adult. The only way she won’t grow is if I don’t feed her.”

The point is that continuing the amazing price drops and learning curves for renewables requires that we keep feeding them and help them keep learning – by expanding production, as the International Energy Agency has explained (see “The breakthrough technology illusion“). Many other studies back this up (see “Study Confirms Optimal Climate Strategy: Deploy, Deploy, Deploy, R&D, Deploy, Deploy, Deploy“).

[In fairness to renewables, solar power is at least a junior in college, and wind power has already graduated. My daughter just happens to be six.]

Here’s a figure that shows what I’m talking about for solar power (learning curve in upper right):

Note that the price drop (and production increase) has continued since 2011 (see “Chinese Companies Projected To Make Solar Panels for 42 Cents Per Watt In 2015“). And we are also dropping the price of financing solar — see “How Crowdfunding Lowers The Cost Of Solar Energy” —  which is just what you would expect as an industry becomes larger and more mature. Indeed, it’s one reason for learning curves — most things are cheaper when you scale up (except, sadly, nukes).

Similarly, a little over a year ago, Bloomberg New Energy Finance (BNEF) analyzed the cost curve for wind projects since the mind-1980′s and found that the cost of wind-generated electricity has fallen 14% for every doubling of installation capacity.

So while I was glad to see the excellent NY Times climate reporter Justin Gillis launch his monthly print column for Science Times, I was disappointed that he rehashed the tired myth pushed by Bill Gates and a few others in his article, “In Search of Energy Miracles.”

First, though, the good news. Gillis doesn’t fall into the trap of most of the miracle mavens and breakthrough bunch — the trap of advocating an R&D-centered policy:

Two approaches to the issue — spending money on the technologies we have now, or investing in future breakthroughs — are sometimes portrayed as conflicting. In reality, that is a false dichotomy. The smartest experts say we have to pursue both tracks at once, and much more aggressively than we have been doing.

An ambitious national climate policy, anchored by a stiff price on carbon dioxide emissions, would serve both goals at once. In the short run, it would hasten a trend of supplanting coal-burning power plants with natural gas plants, which emit less carbon dioxide. It would drive investment into current low-carbon technologies like wind and solar power that, while not efficient enough, are steadily improving.

And it would also raise the economic rewards for developing new technologies that could disrupt and displace the ones of today. These might be new-age nuclear reactors, vastly improved solar cells, or something entirely unforeseen.

In effect, our national policy now is to sit on our hands hoping for energy miracles, without doing much to call them forth.

Actually, coal is being supplanted by gas and wind (see “Wind Beats Out Natural Gas To Become Top Source Of New Electricity Capacity For 2012“). And efficiency and demand response have slowed electricity demand growth to under 1% a year.

A stiff price for CO2 would tip the balance even more toward sources like wind that are carbon-free and hence don’t destroy a livable climate. After all, BNEF concluded its wind study:

Assuming specific learning rates for these components, we expect wind to become fully competitive with energy produced from combined-cycle gas turbines by 2016 in most regions offering fair wind conditions.… Any increase in the cost of gas, which will consequently raise the cost of energy of gas-fired turbines, would bring forward the timing of grid parity for wind.

And yes, I’ll get to the so-called intermittency problem.

Where Gillis goes astray is when he buys into Bill Gates’ energy miracles nonsense:

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Health

Paul Ryan Cites The Wrong ‘Senior Vote’ To Defend His Medicare Scheme

With the release of Rep. Paul Ryan’s (R-WI) latest budget for the House GOP, a number of commentators are asking why the plan resurrects the idea of privatizing and imposing premium support on Medicare, even after the GOP just lost a presidential election in which that very proposal was a major sticking point.

MSNBC’s Chuck Todd brought up the matter Tuesday morning with Rep. Steve Daines (R-MT), and none other than Fox News’ Chris Wallace put the question to Ryan himself this past Sunday. Ryan’s response was basically that while he and Mitt Romney lost the general vote, they won the vote that actually matters:

CHRIS WALLACE: Now, you know, I don’t have to tell you, this was a big issue in the campaign, between Romney-Ryan versus Obama-Biden. They think they won and they think that’s one of the reasons they won. And there are, Congressman, a lot of independent strategists that say if you put this into effect, the net effect economists will be that seniors will end up having to pay more a share of their health care costs.

PAUL RYAN: Well, first of all, it’s not a voucher. It’s premium support. Those are very different. […]

And I would argue against your premise that we lost this issue in the campaign. We won the senior vote. I did dozens of Medicare town hall meetings in states like Florida, explaining how these are the best reforms to save the shrinking Medicare program and we are confidently this is the way to go.

Daines repeated that talking point to Todd: “Remember, the President did not carry seniors. Mitt Romney carried seniors 56 to 44. So seniors understand the issues here. [Medicare] needs to be reformed, so that their children and grandchildren have that safety net.”

Setting aside the issues with Ryan’s proposal to “preserve” Medicare in this fashion, there’s a more fundamental problem with this argument: It cites the wrong senior vote.

Apparently, according to Ryan and Daines, the fact that Ryan and Romney clinched the senior vote is more significant than the fact that they lost the general vote because seniors are the ones who are actually on Medicare, and are presumably best positioned to judge any changes to the program. But the seniors Ryan and Romney won are current seniors — and, for every one of his budgets, Ryan has explicitly stated that current seniors will not be moved into his premium support system. For those 55 and above, “no changes whatsoever in Medicare.” So by his own logic and his own policies, Ryan actually needed to win current voters under 55 to claim a mandate.

According to exit polling, the 2012 GOP presidential ticket won voters 65 years old and older by 56 percent to 44 percent — Daines’ number. And they won the 45-64 vote by 51 to 47. So they got at least a little bit of the under 55 crowd. But they lost voters 30-44 by 45 to 52, and they lost voters 18-29 by a whopping 37 to 60. Given who would actually be living with the reality of Ryan’s schemes, it’s hard to interpret those numbers as a mandate.

Justice

Federal Appeals Court Invalidates Virginia Anti-Sodomy Law

A federal appeals court on Tuesday invalidated Virginia’s law prohibiting anal and oral sex, citing the landmark U.S. Supreme Court decision in Lawrence v. Texas that held Texas’ anti-sodomy law unconstitutional. In a 2-1 decision, the U.S. Court of Appeals for the Fourth Circuit held that the state’s provision banning “crimes against nature,” which include “’carnal knowledge’ by one person of another by the anus or the mouth” “cannot be squared with Lawrence.” The 2003 high court decision held that “statutes criminalizing private acts of consensual sodomy between adults are inconsistent with the protections of liberty” in the Fourteenth Amendment’s due process clause.

Fourteen states still have sodomy laws on the books, including Texas – the state whose law was invalidated by the U.S. Supreme Court’s decision in Lawrence. While Texas notes the Lawrence decision in its penal code, it takes a full act of the legislature to repeal a statute, and the legislature’s supermajority has not let the repeal come to a vote. Four other states only criminalize sodomy if you’re gay. Although most of these statutes are rarely if ever enforced, affirmative attempts to formally repeal them have faced Republican resistance.

The legal challenge in this case involved a man accused of criminal solicitation of a minor who argued that the underlying “crimes against nature” statute on which the prosecution was based was unconstitutional. The dissenting judge, an Obama appointee, argued that the law should not be invalidated as applied to this particular defendant because Lawrence only applied to two consenting adults.

Economy

Why Paul Ryan’s Plan To Balance The Budget Is Built On Fantasy

House Budget Committee Chairman Paul Ryan (R-WI) unveiled the third version of his budget this morning, and due to the demand of his party’s conservative base, this version supposedly achieves balance within 10 years, at least a decade faster than past versions would have theoretically achieved the same goal.

But just like past versions, this version will fail to actually achieve the balance Ryan claims. That’s because the budget only gets to a balanced level in 2023 because Ryan has assumed revenue and spending levels that his budget can’t actually match. Ryan’s budget provides more than $7 trillion in tax breaks to the wealthy and corporations without proposing specific ways to make up for that lost revenue, meaning his budget — the one he has touted as a plan to rein in Washington’s runaway deficits and debt — will fall short of his goals, as Center for American Progress Tax and Budget Policy Director Michael Linden explains:

Last year the Tax Policy Center estimated that these provisions would generate revenue equaling just 15.8 percent of GDP in 2022. Extrapolating to 2023 suggests that Rep. Ryan is missing about $840 billion of revenue in 2023 alone, and approximately $7 trillion over the entire 10-year period from 2014 through 2023. After accounting for the added interest costs from all of these unpaid-for tax cuts, Ryan’s budget would still be about $1.2 trillion in the red in 2023.

But it isn’t just fantasy revenue levels on which Ryan relies. He also is basing his budget on massive spending cuts that aren’t laid out in specific (and haven’t been in previous versions either) and aren’t realistic, given that they would take spending levels lower than they have ever been before. As Linden notes, Ryan’s budget would drop non-defense discretionary spending to just 2.1 percent of GDP, even though it has never totaled less than 3.2 percent of GDP since records began in 1962.

It’s for this reason that the Congressional Budget Office told Ryan it couldn’t give him a better long-term outlook for his budget — the only reason the nonpartisan office could judge the plan at all was because it applied the revenue and spending assumptions he provided. And because Ryan cuts so much revenue without a plausible way to make up for it, his plan to reduce the debt would likely add trillions of dollars to it instead.

Health

Doctors From Around The World Agree: Everybody Should Get Regular Mental Health Checkups

A new University of Cambridge study featuring input from doctors around the globe concludes that every person should get their mental health status checked just as regularly as they do their physical health status.

As the Detroit Free Press reports, doctors assert that making mental health checkups just as routine as physicals would spare patients from developing more disruptive and costly ailments in the future, and reduce the societal stigmas associated with receiving such care:

“Unfortunately, most people don’t address mental health issues until they are drastically interfering with their lives,” said Dr. Nizar El-Khalili, medical director of Alpine Clinic in Lafayette, Ind. “If they were just more aware of mental health from the start, problems could be avoided long before it complicates their lives and costs them thousands of dollars.”

Mental health screenings can be administered during most annual checkups. Some doctors always screen their patient’s mental health, but El-Khalili recommends that all patients, no matter their age or family medical history, ask for a screening during their checkup. [...]

Along with improving quality of life and saving money, health professionals say annual mental checkups would help reduce the stigma attached to mental illness.

The doctors’ calls for more regular mental health screenings echo that of mental health advocacy organizations such as the National Alliance on Mental Illness (NAMI). Vulnerable populations such as the poor and LGBT Americans are disproportionately affected by mental health problems, and the combined effects of stigmatizing mental health care and the high transaction costs of pursuing such care keeps the vast majority of Americans — including those with serious mental illnesses — from getting treatment.

Insurance benefits for physical and mental health issues technically have legal parity, thanks to the Mental Health Parity and Addiction Equity Act of 2008. But the implementation of the law has been messy and poorly enforced, with many basic questions regarding its provisions left unanswered.

Climate Progress

As CO2 Emissions Rise, So Will Pollen Counts And Asthma Attacks

Climate change could cause pollen counts to more than double over the next 30 years, according to an ongoing Rutgers University study.

The research, presented at the American College of Allergy, Asthma and Immunology conference in November, tested how allergenic plants respond to conditions that mimic those of a warming world, including changing weather patterns and increases in temperature and carbon dioxide.

Based on these tests, the researchers predict pollen counts could reach 21,735 particles of pollen per cubic meter by 2040 — a drastic spike from 2000’s average of 8,455. An “extremely high” pollen count for trees — which account for most of spring pollen — is 1,500. The research also predicts that, as spring arrives earlier due to climate change, pollen seasons will begin earlier as well. In 2000, pollen production began April 14 and peaked May 1, but by 2040, the researchers predict production will start more than a month earlier, peaking by April 8.

Though the research is not yet published, it lines up with what scientists already know about plants’ reactions to increased carbon dioxide and temperature. A 2002 study in the Annals of Allergy, Asthma and Immunology found that ragweed, which causes most fall allergies, produces 61 percent more pollen when grown in an atmosphere with double the normal amount of carbon dioxide. A 2006 study on the same plant produced similar results. Pollen produced under high CO2 conditions may even be more highly allergenic, as Clifford Bassett, an allergist and ACAAI fellow, told CNN:

As you increase CO2, it tells the allergenic plants to produce more pollen to the tune of three to four times more, and the pollen itself, we think, may actually be more potent.

Pollen records have been off the charts over the last few years, as warm weather arrived early in many states. Last year, pollen season began early due to a mild winter and early onset of warm weather, and pollen counts across the U.S. were extremely high. In Atlanta, the pollen count reached 9,369 particles per cubic meter of air, shattering the city’s 1999 record of 6,013. Vanderbilt University in Nashville recorded a pollen count of 11,000, the highest count recorded since the university began counting 12 years ago. Many places saw similarly high counts and early pollen releases in 2010 and 2011. This year has already seen early spikes and dips in the pollen count, due to temperatures rising and falling — some places, like Gainesville, Fla., logged high pollen counts as early as January.

Higher pollen counts aren’t just uncomfortable for allergy sufferers — since allergies can trigger asthma attacks, higher pollen counts and earlier pollen releases can have serious implications for those suffering from asthma, and could even be connected to the global rise of asthma cases.

As the climate warms and springs and summers become longer, allergy seasons in fall, spring and summer could extend as well, exacerbating allergy symptoms. When allergy sufferers have no respite from symptoms, it makes them more prone to serious allergy attacks than if they had had a break between seasons.

Economy

Republican Criticisms Of Consumer Protection Board Don’t Extend To Agency That Could Be Helping Homeowners

Our guest bloggers are Julia Gordon, Director of Housing Finance and Policy at the Center for American Progress Action Fund, and David Sanchez, a Special Assistant for Economic Policy at CAPAF.

CFPB Director Richard Cordray

CFPB Director Richard Cordray

At this morning’s Senate hearing on Richard Cordray’s nomination to head the Consumer Finance Protection Bureau (CFPB), congressional Republicans hammered home their objections to the Bureau: the CFPB and its director are unaccountable to Congress and have too much power to regulate the financial sector.

Lest anyone misunderstand their intentions, 43 Senate Republicans recently sent a letter to President Obama stating that they will filibuster any nominee to direct the CFPB until they can reduce the agency’s independence and power.

Yet these same Republicans who are so concerned about accountability and the perils of independent agencies have been entirely content to leave the future of housing finance in the hands of a fully independent agency not subject to appropriations: the Federal Housing Finance Agency (FHFA). Ed DeMarco, a Bush holdover who was neither nominated by the President nor confirmed by the Senate, is the current Acting Director of the FHFA.

At this morning’s hearing, Sen. Michael Crapo, the leading Republican of the Senate Banking Committee, summed up the Republican objections to the CFPB:

Unfortunately, the CFPB lacks…transparency regarding and openness regarding its operations, budget, and intended activities….The director…holds unique power to determine the agency’s budget and mission priorities without any public debate or input from Congress.”

The most important Republicans on financial regulation and oversight issues agree. As they’ve said:

House Oversight and Government Committee, under Chairman Darrell Issa: “At a time of prolonged economic strain, American consumers can ill-afford such an unaccountable, unresponsive, and all-powerful financial regulator.”

Rep. Spencer Baucus, the ex-chair of the Housing Financial Services Committee: “The director of the CFPB is given a broad and virtually unlimited mandate to substitute his or her judgment for that of consumers and the free market.”

Yet, this insistence that Congressional oversight is paramount doesn’t apply when it comes to the FHFA, which has almost unlimited authority to regulate housing giants Fannie Mae and Freddie Mac.

While Republicans have used their claim that strict congressional oversight is crucial to justify their effort to defang the CFPB, they are all too willing to cheer while DeMarco makes unilateral decisions that have a profound effect on America’s housing market.

For example, ex-Chairman Baucus has praised DeMarco for using his vast powers to make the most politically controversial decision of his term: a prohibition on principal write-downs on mortgages owned mortgages owned by Fannie Mae and Freddie Mac, even though it would have saved money for taxpayers. Likewise, House Oversight Committee Republicans have lauded DeMarco and urged that he remain an “independent regulator,” and he has only been able to stay in his job because Republicans have refused to confirm a permanent successor.

DeMarco has used his virtually unlimited powers to dramatically reshape housing finance in America — whether by moving forward with plans to markedly change the role Fannie Mae and Freddie Mac play in our economy, creating a new platform for securitizing mortgages, or punishing states for their laws surrounding foreclosures. These decisions will impact nearly all American families, whether they own their home, hope to become homeowners someday, or are simply seeking affordable rental options.

In contrast to the CFPB, which has sought public comment on all its rulemakings and which even invites consumer input on its webpage, FHFA makes most of its decisions far from the public eye, almost never engaging in public rulemaking.

In short, the Republicans love independence — when they like the result. The real opposition to CFPB has nothing to do with agency accountability, but everything to do with ideological objections to consumer protections.

LGBT

O’Reilly Defends Linking Gay People To Pedophiles

Fox News’s Bill O’Reilly has led a campaign of smear and harassment in recent weeks against Colorado House Speaker Mark Ferrandino (D) because of his belief that Ferrandino is protecting child molesters by opposing “Jessica’s Law.” Jessica’s Laws impose excessive mandatory sentences for child sexual abuse, but Colorado already has tough laws and neither the law enforcement community nor victims’ advocate groups support the proposed change. After suggesting Ferrandino was protecting somebody because he was gay, O’Reilly then sent a reporter to harass him on the street while he was walking his dog.

Numerous mainstream outlets, including the Denver Post, have criticized O’Reilly for saying “gay” with the expectation that his audience understand that to mean “pervert-pedophile.” On Monday, after once again laughing that Ferrandino “looked like a complete fool” when he was ambushed on the street, O’Reilly explained that referencing the Speaker’s sexual orientation was important context because people don’t know who he is:

O’REILLY: We described the speaker as “openly gay” because Americans don’t know who he is and that description is used in almost every article ever written about him. And the reason we brought up civil unions is because Ferrandino objected to that vote being sabotaged by Republicans a few years ago, then he turned around and used the same technique to table Jessica’s Law. [...]

It matters that he is openly gay because he did the same thing to Jessica’s Law that he objected to on the civil unions situation… You have to basically get behind the motivation of the man, and his motivation is very narrow. He’s got only a couple of things he wants to do in there that he feels passionate about, but the kids apparently he doesn’t feel passionately about because he sabotaged it.

Watch it (HT: Equality Matters):

O’Reilly is still arguing that being gay and not protecting kids are somehow connected. Perhaps in his mind, he still conflates supporting civil unions with being gay, but of course he also admits to supporting civil unions himself. There’s no explanation for constantly inferring that Ferrandino’s sexual orientation is relevant to his other actions except to reinforce mythical associations between homosexuality and pedophilia. This is not a new tactic for O’Reilly either; just last summer he blatantly defended making such connections in defense of hate groups that do the same.
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Justice

Gun Retailers Support Harsher Penalties On Gun Traffickers Than Some Congressional Republicans

Senator John Cornyn (R-TX) called a new federal law cracking down on the illegal sale of weapons to criminals “a solution in search of a problem.” His colleagues on the Senate Judiciary Committee appear to agree, as all but one Republican voted against sending the bill out of committee.

But at least one group of gun enthusiasts doesn’t share the Senate Republican view of gun trafficking: the people who sell them.

The evidence for this claim comes from a new study by Professor Garen Wintemute at the University of California of Davis, provided to ThinkProgress by the author on Monday. Wintemute surveyed 591 federally licensed gun retailers and pawnbrokers, all of whom sold over fifty guns per year, and asked them a series of questions concerning their views on gun trafficking and its criminal punishment. Contrary to what one might expect, gun retailers favor significantly harsher penalties for individuals who serve as “straw purchasers” for traffickers or people prohibited from owning guns, as well as fellow retailers who knowingly sell to them:

Of these same respondents, 478 (88.0%) recommended a specific sentence for an individual convicted of buying 50 firearms for a trafficking operation. The median period of incarceration was again 10 years (IQR 5–20 years); the median fine was again $50 000 (IQR $10 000–$100 000). Median recommendations were unchanged for 382 (79.9%) respondents recommending both incarceration and a fine. Younger respondents recommended longer terms and larger fines for both retailers and buyers, and respondents with higher frequencies of attempted straw purchases and denied sales recommended larger fines…

Perhaps 5–10% of firearms trafficking operations involve illegal sales knowingly made by a retail licensee. Respondents saw this as a serious crime motivated by desire for personal gain that merited, when 50 guns were involved, a 10-year term of incarceration and a $100 000 fine. Current federal sentencing guidelines are more
lenient, recommending incarceration for at most 5.25–6.5 years
in such cases and a fine of $12 500–$125 000.

While retailers recommend a ten year sentence for straw purchasers, current federal laws mean that they face somewhere between no jail time and five years. Together with their support for stricter penalties on crooked retailers, these findings suggest that the people who have the most experience with straw purchasers (roughly 70 percent of retailers reported an attempted straw purchase; 10 percent said it happened monthly) believe that we need to levy stronger criminal penalties against these types of criminals.
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