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Economy

California Governor Bends To Big Business, Vetoes Domestic Workers’ Rights Bill

Despite a brief moment of optimism, it turns out that domestic workers in California still won’t be guaranteed a lunch break.

As part of his clean sweep on unfinished legislation from the state house, California Gov. Jerry Brown (D) late last night vetoed a bill that would have ensured basic rights for in-home aide workers. Such protections would have included overtime pay, meal breaks, and “adequate sleeping conditions for live-in workers.”

The California Chamber of Commerce, a business lobby with strong anti-union positions, opposed the protections, arguing that domestic workers couldn’t take breaks without endangering the health of those for whom they are providing care.

Brown apparently sided with those interests. In a letter explaining his decision, he said that he had “unanswered questions” about the bill. But he seemed to have answered some of those questions, as well, since he provided a list of qualms he had with the legislation, arguing that it would cost the state, and disabled employers, too much.

The Domestic Workers’ Alliance responded to Brown’s veto in a statement, calling Brown’s decision “a huge disappointment”:

“It is a huge disappointment that Governor Brown chose not to recognize the people caring for California’s families and homes as real workers,” said Sylvia Lopez a worker with the California Domestic Workers Coalition, sponsor of the bill. “For decades we have tirelessly cared for California’s homes, children, the elderly, and people with disabilities without the protection of basic rights. Tonight, Governor Brown has done a tremendous disservice to thousands of domestic workers, their families, and the people they care for.

Domestic workers are a largely immigrant, largely female constituency across the country — groups that are often voiceless in political debates. The rights requested in the bill were in no way substantially different from those afforded to employees in small or large businesses, but are harder to enforce in a household setting.

NEWS FLASH

States Set Out To Define “Essential Health Benefits” Under New Insurance Exchanges | Facing a federal deadline on Monday, states have begun to map out what their “essential health benefits” packages will look like in 2014 under Obamacare’s newly-created insurance exchanges. Under Obamacare provisions, states have leeway in choosing which health plans will be included on their statewide exchanges — as long as they meet certain benchmarks across 10 benefit categories. Although many states are going with essential benefits packages derived from existing statewide and federal “benchmark plans,” Obamacare also requires that plans offer coverage for mental health, prescription drug, and maternity care services that are not included in all existing individual and small-group plans in the states. Among the more expansive of proposed essential benefits are those proposed in Washington and California, which will require plans to provide acupuncture coverage.

LGBT

Conservatives Promise Lawsuit Against California’s Ban On Ex-Gay Therapy For Minors

Mat Staver, Liberty Counsel

California Gov. Jerry Brown just signed into law a ban on ex-gay therapy for people under the age of 18, and conservative groups are already threatening to sue on behalf of the harmful treatment. Mat Staver of the Liberty Counsel claimed today that the suit is necessary because he believes the law will harm children:

STAVER: The California governor and legislature are putting their own preconceived notions and political ideology ahead of children and their rights to get access to counseling that meets their needs. A number of minors who have struggled with same-sex attraction have been able to reduce or eliminate the stress and conflicts in their lives by receiving counseling of their choice which best meets their needs and religious convictions. This bill will harm children, stress families, and place counselors in a catch-22, because they will be forced to violate their licensing ethical codes.

Not only is there no research to support his claim that children benefit from ex-gay therapy, which actually adds to the stigma LGBT youth experience, but there is an epidemic of homeless youth because of family rejection, which the false promise of conversion therapy reinforces. Christopher Rosik, president of the ex-gay professional network NARTH, has promised the organization will support the legal challenge:

ROSIK: NARTH is saddened but not surprised by this unprecedented legislative intrusion and will lend its full support to the legal efforts to overturn it. [...] We fully anticipate that activist groups like Equality California will be back next year to see what further erosions of parental rights and professional judgment politicians and mental health associations will authorize in California and other states. Counselors adhering to traditional values cannot be blamed for wondering what other practices disliked by these activists are going to be targeted as “unprofessional conduct” in the future, particularly in states that have legalized same-sex marriage.

Incidentally and unsurprisingly, Staver is the featured speaker at NARTH’s convention next month. Contrary to NARTH’s delusions, offering ex-gay therapy is already “unprofessional conduct” according to psychotherapy professionals. Parents are not entitled to the right to subject their children to harmful, stigmatizing treatments; California lawmakers have made the right decision to protect young people.

Security

U.S. General On Insider Attacks: ‘We’re Willing To Sacrifice’ In Afghanistan ‘But We’re Not Willing To Be Murdered’

Gen. John Allen

In an interview with 60 Minutes, the top U.S. general in Afghanistan warned that the attacks by Afghan soldiers on coalition forces will not be ending anytime soon. Speaking with Laura Logan, General John Allen said that he was “mad as hell” about the deaths of allied soldiers at the hands of Afghans — so-called “green on blue” attacks in military parlance:

ALLEN: You know, we’re — we’re willing to sacrifice a lot for this campaign. But we’re not willing to be murdered for it.

General Allen also compared green on blue attacks to the use of improvised explosive devices (IED) in the Iraq War, labeling these insider attacks as the “signature attack” of the Afghanistan conflict. Watch the interview here:

Allen’s statements reflect the allied frustration with the current situation in Afghanistan. A recent halt in training operations between U.S. forces and the Afghan National Army as a result of the insider attacks has not fully been lifted. The airing of the 60 Minutes interview comes as American forces recorded the 2,000th death in Afghanistan since the war began almost eleven years ago. In all, more than 50 allied troops have been killed in green on blue attacks so far this year.

The surge in Afghans turning on trainers and mentors has prompted NATO Secretary-General Anders Fogh Rassmussen to float the possibility that members of the alliance may withdraw their military forces from Afghanistan earlier than agreed upon. Such a move would impact current planning for the end of U.S. combat operations by 2013 and a full withdrawal of NATO forces by 2014.

Justice

Bush-Appointed Judge Upholds Obama Administration’s Birth Control Coverage Rules

On Friday, Judge Carol Jackson, a George H.W. Bush appointee to a federal court in Missouri, rejected a Catholic business owner’s challenge to the Obama Administration’s rules requiring employer health plans to cover birth control. Like the many copycat lawsuits asserting similar legal claims, the plaintiffs in this suit argued that the birth control rules substantially burden their faith by requiring them to pay for employee health benefits which might then in turn be used to pay for birth control. As Judge Jackson’s opinions explains, however, this argument proves too much:

The burden of which plaintiffs complain is that funds, which plaintiffs will contribute to a group health plan, might, after a series of independent decisions by health care providers and patients covered by [an employer's health] plan, subsidize someone else’s participation in an activity that is condemned by plaintiffs’ religion. . . . [Federal religious freedom law] is a shield, not a sword. It protects individuals from substantial burdens on religious exercise that occur when the government coerces action one’s religion forbids, or forbids action one’s religion requires; it is not a means to force one’s religious practices upon others. [It] does not protect against the slight burden on religious exercise that arises when one’s money circuitously flows to support the conduct of other free-exercise-wielding individuals who hold religious beliefs that differ from one’s own. . . .

[T]he health care plan will offend plaintiffs’ religious beliefs only if an [] employee (or covered family member) makes an independent decision to use the plan to cover counseling related to or the purchase of contraceptives. Already, [plaintiffs] pay salaries to their employees—money the employees may use to purchase contraceptives or to contribute to a religious organization. By comparison, the contribution to a health care plan has no more than a de minimus impact on the plaintiff’s religious beliefs than paying salaries and other benefits to employees.

A key insight in this opinion is that salaries and health insurance can be used to buy birth control, so if religious employers really object to enabling their employees to buy birth control, they would have to not pay them money in addition to denying them comprehensive health insurance. An employer cannot assert a religious objection to how their employees choose to use their own benefits or their own money, because religious freedom is not a license to “force one’s religious practices upon others.”

Significantly, Jackson did not simply reject the plaintiffs’ claim that the birth control rules violate the Constitution’s Free Exercise Clause, a weak legal argument that conflicts with a 1990 Supreme Court decision written by conservative Justice Scalia, she also rejects the plaintiffs’ much stronger claim that the rules violate a federal law known as the Religious Freedom Restoration Act (RFRA). RFRA gives religious objectors significant, although not entirely insurmountable, rights against laws they do not wish to follow for religious reasons. So Jackson’s opinion rejects the strongest possible legal argument against the Obama Administration’s contraception rules.

Notably, Jackson’s view was, at least until recently, not particularly controversial. Eight years ago, the California Supreme Court rejected a very similar challenge to a state law protecting access to birth control. Five of the court’s six Republican justices voted to uphold the law. The sole justice who voted to strike down the law, future federal judge Janice Rogers Brown, once compared liberalism to “slavery” and Social Security to a “socialist revolution.”

Economy

Romney Considering Wall Street CEO For Treasury Secretary Who Wanted $10 Million For Crashing His Company

The Wall Street Journal reported on Monday that Mitt Romney’s potential list of nominees for Treasury Secretary includes John Thain, the former CEO of Wall Street investment bank Merrill Lynch who now heads CIT Group. Thain is perhaps best known for overseeing Merrill Lynch as it fell apart during the 2008 financial crisis, necessitating a rescue by Bank of America, and then paying out bonuses to his failed bankers anyway.

But Thain didn’t only think his employees deserved huge bonuses for their role in the financial crash — he also believed that he should be paid $10 million during a year that saw his company lose $11 billion and get bailed out by another bank:

Merrill Lynch & Co. chief John Thain has suggested to directors that he get a 2008 bonus of as much as $10 million, but the battered securities firm’s compensation committee is resisting his request, according to people familiar with the situation. [...]

Merrill has suffered net losses of $11.67 billion this year and is about to complete its acquisition by Bank of America Corp. later this month. On Friday, shareholders of both companies separately approved the deal. Mr. Thain has said he deserves a bonus because he helped avert what could have been a much larger crisis at the firm, say people familiar with his thinking.

Bank of America required new infusions of federal aid after acquiring Merrill Lynch, as the extent of Merrill’s losses were never properly disclosed.

According to a new book by former Federal Deposit Insurance Corporation chairwoman Sheila Bair, when the CEOs of America’s major banks came to Washington to discuss the much-reviled $700 billion bank bailout in 2008, the first question asked by Thain was “if his compensation was going to be cut.” Upon Thain’s departure from Merrill Lynch, the New York Times’ Floyd Norris wrote, “The departure of John Thain from Bank of America provides another reminder of how Wall Streeters have come to see themselves as entitled to pay that would seem excessive even if their companies were not failing.”

Romney, of course, has pledged to repeal the Dodd-Frank financial reform law, which included new restraints on executive pay at financial companies.

NEWS FLASH

Vikings Punter Ready To Debate Anti-Gay Minnesota State Lawmaker | Minnesota Vikings punter Chris Kluwe has been particularly vocal lately in his support for marriage equality, and he now stands prepared to take that commitment to the next level. State Rep. Mary Franson (R) said during a debate two weeks ago that she believes homosexuality is not “normal behavior,” and has since claimed to be “under attack by those who oppose traditional marriage,” specifically calling out Kluwe. He responded on Friday, offering to formally debate Franson about what actually constitutes “traditional values,” but he’s not optimistic that she’ll accept.

Climate Progress

As The Debates Approach, We Must Break The Candidates’ Silence On Climate Change

by Bill Becker

The Obama and Romney campaigns are making the point that there are big differences between the positions of the two presidential candidates, and America has a clear choice between two futures.

There are no issues on which those statements are truer than energy policy and its impact on global climate change.  The candidates haven’t said much about climate change so far.  They should be forced to talk about it in one of the upcoming presidential debates, preferably the first of the three mano a mano face-offs on Oct. 3 in Denver.

Every interest group in the country would like to see its issues highlighted in a presidential debate. Why should climate change be at the top of the list?

First, it is no longer an issue we can put off for the future.  When climate scientists began to firm up their conclusions that climate change is real and caused by us humans, most of us thought we wouldn’t experience the impacts for a few generations.  That turns out not to be the case. Climate change already has become a clear and present danger to the American people and to international stability.

Second, climate change has huge implications for the issues the candidates are talking about. For example:

On the economy, consider the impact that drought is having on ranchers, farmers, small businesses and food prices.  Weather-related damages in the United States last year totaled nearly $24 billion. That might boost the GDP – a blunt and uncaring measure of economic activity – but it’s not the kind of economy most of us like, and it’s likely to get much worse.

On public health, the candidates have significant differences on how to pay for health insurance. They haven’t talked, however, about the fact that global climate change will have major impacts on our health and the cost of health care.

Nearly 1,100 Americans died last year and more than 8,800 others were injured, in natural disasters and weather events. The American Public Health Association calls climate change “one of the most serious public health threats facing our nation”.

An interagency group of experts from the National Institutes of Health, the Centers for Disease Control and Prevention, and the U.S. Department of Health and Human Services, among others, has concluded:

Read more

Economy

GOP Governor: Asking Whether Romney’s Tax Plan Adds Up Is ‘A Laughable Question’

Asking the Republican presidential ticket to explain how it plans to give a the massive tax cut to the rich while still balancing the budget and avoiding tax increases on the middle class is “laughable,” Virginia Gov. Bob McDonnell (R) told MSNBC’s Andrea Mitchell on Monday.

Yesterday, Fox News Sunday’s Chris Wallace asked Romney’s running mate, Paul Ryan, to explain the math of the tax plan,but Ryan refused because he said “it would take me too long.” The Romney campaign has faced calls from Democrats, the media, and even other Republicans to get more specific about its tax and budget plans, but has thus far refused. That’s fine with McDonnell, an oft-used Romney surrogate, who could neither explain Romney’s tax plan nor name a single specific spending cut Romney would make as president:

MITCHELL: Where is the math, and is Mitt Romney going to be under pressure in this debate to produce some specifics about how it will all add up?

MCDONNELL: Well, Andrea, first, that’s a laughable question. Where’s the president’s plan? He’s had four years. 23 million people don’t have work. So let’s start with that, the president’s policies haven’t worked.

MITCHELL: The question was asked by Chris Wallace on Fox, it’s being asked by other Republicans. Where is the math? How do you add up those tax cuts even eliminating some deductions? Which deductions would you eliminate? Let’s be specific. And how will you do that and reach deficit reduction? Which programs will be cut?

MCDONNELL: The question is how do you get America back to work? What Paul Ryan just said on your clip is you, you flatten the base and increase the, I mean excuse me, you increase the — you reduce the number of deductions that are out there and you expand the base. That’s typically what works. That can be done in a revenue-neutral fashion, I think that’s what Paul Ryan has proposed, and what that does is make America more competitive.

Watch it:

Romney’s tax plan either adds up to budget-busting deficits or tax increases on middle class families, as the Tax Policy Center found when it filled in the gaps of Romney’s plan in the most generous fashion. Republicans and the Romney campaign have insisted that Romney will close tax loopholes that affect the rich to pay for the plan. But TPC found that there weren’t enough of those loopholes, meaning Romney’s plan would have to either add to the deficit or raise taxes on middle class families by as much as $2,000. The plan, as conceived, simply can’t accomplish both of Romney’s goals.

McDonnell tacitly and perhaps unknowingly admitted as much today, when he told Mitchell that there are ways to do tax reform in a revenue neutral way that involves expanding the tax base. Expanding the base often translates to increasing the number of people paying taxes (including, presumably, some of the 47 percent Romney says he can’t convince to take responsibility for themselves), the clearest admission yet from a campaign surrogate that a President Romney would have to raise taxes on the middle class to avoid blowing a hole in the budget.

Alyssa

An Aurora Shooting Survivor Makes A Powerful Gun Control Ad

It used to be that mass shootings prompted calls for gun control and disappointment when, despite the fact that the we had ample evidence of the damage of large gun magazines that have no plausible role in hunting, or the gun show loophole, or any other part of our laws that make it easier for people who want to kill to get the tools to do it, nothing happened. Now, when someone goes to a movie theater, or a school, or a Sikh Gurdwara, and commits murder, we talk about the fact that we can’t even have a conversation about reasonable, sensible limits on the sale of guns and ammunition. It certainly seemed like we’d followed that pattern after James Holmes killed 12 people and wounded 58 more in July, after Wade Page murdered six people, and wounded four others before being shot by officers at the scene. But now, Stephen Barton, who was shot in Aurora, is appearing in an ad pegged to the presidential debates asking voters to demand gun control plans of the candidates:

Whether it has an impact or not is an open question. But I think there’s something important about Barton’s decision to speak out. In our gun control debate, responsible legal gun owners (of which there are many) are granted much more authority and credibility than the victims of gun violence. It would be nice to see that balance restored, and to require opponents of gun control to explain why their need for certain magazines, for speed in purchasing, for any number of other restrictions they object to, outweighs the possibility of the great harm those weapons can do.

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