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Justice

After Failed California Ballot Initiative, Prosecutors Ramp Up Push To Resume Executions

California’s ballot initiative to abolish the death penalty failed in November, but executions are nonetheless effectively on hold in California, as both the state attorney general’s office and several judges have halted executions pending litigation over the state’s lethal injection process. With what they call a “mandate” from the 52 percent of Californians who voted to defeat Proposition 34, prosecutors and other death penalty proponents are now escalating their efforts to resume executions for the 14 inmates pending on death row who are eligible for execution, taking their claims to court and threatening a counter-ballot initiative in 2014. The Associated Press reports:

They’re calling for an end-run around the legal hang ups, calling for the scrapping of the three-drug lethal injection at the center of the litigation and replacing it with a single-drug execution. […]

In recent months, Los Angeles County District Attorney Steve Cooley and San Mateo County District Attorney Steve Wagstaffe have formally asked local judges for death warrants for three death row inmates and an order to execute them with a single, lethal dose of pentobarbital, a drug previously used to euthanize animals.

But a Los Angeles judge rejected Cooley’s motion and Wagstaffe is expecting the same treatment in San Mateo Superior Court, conceding his legal maneuver to have Fairbank’s executed soon is more symbolic than realistic.

Ironically, one of the primary arguments in favor of California’s Proposition 34 was that it would save the state billions of dollars in litigation and heightened prison expenses for capital inmates. Had the state passed the ballot initiative to legalize the penalty, it would have not only insured against any more erroneous death sentences; it would have rendered this ongoing battle over methods of execution irrelevant, along with the time and expense.

Health

NFL Will Upgrade To Electronic Medical Records To Help Track Players’ Football Injuries

Officials from the National Football League (NFL) announced on Monday that the organization will begin transitioning from the hand-written records it currently uses to keep track of players’s health to electronic medical records (EMRs) that will digitally record players’ injuries and general health histories.

The new system will be phased in over two seasons and eventually implemented across all 32 professional football teams. While the NFL’s shift to EMRs won’t make football safer in and of itself, it will help ensure that team medics and private physicians can more easily share players’ medical histories, as well as allow doctors to monitor sensitive head injuries in real time:

Records will be able to move with a player, should they be traded to another team, and are touch and speech-capable. Girish Kumar Navani, the CEO and co-founder of eClinicalWorks, says the implementation of EMRs creates a much more fluid system of care coordination.

“We are making the scope of this medical data digital. Which means the pharmacy will be connected electronically, as well as the labs and the diagnostic medical imaging centers.” All this, Navani says, will be shareable with the team as well as other medical staff.

Incorporating video streaming is a new feature for eClinicWorks, and Navani says that it will allow doctors will be able to see what exactly caused a player’s injury. Currently the NFL has an injury reporting system in which data is entered manually, but Navani says that the new EMRs will sync with the current technology of the league, including a web-based application about concussion injuries.

In recent years, football safety has come under increased scrutiny after mounting evidence that the numerous concussions and other brain-related injuries sustained during the sport can lead to serious health problems for former football players, including Alzheimer’s and Lou Gherig’s disease. In fact, studies suggest that retired NFL players are four times more likely than the general population to die of those brain diseases.

Obamacare requires hospitals and doctors’ offices to upgrade their systems to incorporate EMRs to make information-sharing among a patients’ various care providers complete, simple, and efficient. By getting a head start on upgrading its systems for football players, the NFL may just be poised to get a better handle on its ongoing physical injury problem through high-tech monitoring and consolidated patient records.

Economy

Hostess May Avoid Bankruptcy

CNBC and Reuters are reporting that Hostess and the bakers’ union have agreed to mediation, avoiding bankruptcy for the maker of Twinkies and Ho Hos. Bargaining will begin tomorrow, but if the talks don’t produce an agreement, liquidation will go forward on Wednesday.

Hostess announced last week that it will go out of business, arguing that disputes with striking union workers are forcing the company out of business. On Monday, at a hearing on Hostess’ request to begin shutting down, a bankruptcy judge “asked whether he should preside over mediation” between the two parties.

Hostess had planned to request that the judge approve a plan that would have allowed it to pay $1.75 million in bonuses to 19 of its executives, who had already received pay raises earlier this year. Bankruptcy could result in “the firing of thousands of employees” and would force the company “to shut down 36 bakeries, 242 depots, 216 retail stores, and 311 hybrid depot-store facilities.”

NEWS FLASH

Florida Voter Suppression Law Meant Far More Provisional Ballots, Slower Lines | Florida’s 2011 election law changes — passed by the state’s Republican legislature and signed by Gov. Rick Scott (R) — led to a significant increase in the number of voters required to use provisional ballots. According to a Florida Times-Union report, hundreds of voters who moved to a new county were required to use a provisional ballot, rather than change their address on election day as had been previously allowed. Deirdre McNabb, president of the League of Women Voters of Florida, told the paper that that was “like putting gum in the engine of the voting process.” In an interview with ThinkProgress, Duval County Supervisor of Elections Jerry Holland (R), who saw more than a 23 percent increase in the number of provisional ballots, noted that “no doubt about it,” this new restriction was “one of many things that created longer lines” on Election Day.

NEWS FLASH

Trans Inmate Continues Fight For Transition-Related Care | Inmate Michelle Kosilek continues to fight the state of Massachusetts to receive the transition-related care that her doctors have prescribed for her. A federal judge ruled in September that the state must provide the prisoner with sex-reassignment surgery, but Massachusetts has appealed, further delaying the treatment. Now Kosilek’s lawyers are fighting to allow her electrolysis hair-removal treatments to continue, but the Department of Corrections will not allow an independent therapist to evaluate her medical needs. Deprived of the ability to transition, Kosilek has experienced depression that has led to self-harm, and she also faces unfair treatment living as a woman in an all-male prison.

Climate Progress

Do The Math: Mr. McKibben Goes To Washington

Activists gathered outside the White House on Sunday to protest the Keystone XL pipeline after 350.org's "Do The Math" event.

In the weeks after the election, Washington insiders are trying to interpret the complicated national politics of climate and environmental issues.

Would Congressional Republicans support a carbon tax as part of a deficit reduction deal? Is the Obama Administration distancing itself from pricing carbon, hoping to let conservatives lead on the issue? What kind of trade-offs would environmental groups accept in exchange for a climate deal?

The White House plan to “lead from behind” became clear last week when press secretary Jay Carney said: “We would never propose a carbon tax and have no intention of proposing one.”

So while the President once again fails to lead on the central issue of our time, what is the climate movement to do?

Enter environmental movement-builder Bill McKibben of 350.org, who rolled into town yesterday afternoon with a very simple message: Don’t listen to Washington.

Joined by other leaders of the climate activism movement, McKibben was at the Warner Theater yesterday — just blocks from the White House — discussing his new “Do The Math” campaign, which lays out the case for divesting from fossil fuel companies. It’s a no-nonsense, make-no-apologies approach to limiting carbon emissions by attempting to weaken the finances of companies responsible for climate change.

When the lights dimmed and McKibben walked on stage to a theater full of roughly 1,800 cheering supporters, the large screen above his head prominently displayed a new mantra within the climate activism movement.

“We’re going after the fossil fuel companies.”

Simple. Aggressive. And a campaign waged almost completely outside the paralysis of national politics.

Do The Math is based on a very simple premise. In order to have a serious chance (better than 3 in 4) of limiting global temperature rise to 2 degrees Celsius — a threshold needed to prevent catastrophic climate change — the world can only emit about 565 gigatons of carbon dioxide by 2050. We will burn through that carbon in 16 years at our current rate. Fossil fuel companies have reported their intent to burn reserves of carbon five times that amount. So preventing uncontrollable global warming means keeping roughly 80 percent of proven carbon reserves in the ground.

The International Energy Agency backed up those calculations in a report last week that concluded two thirds of carbon reserves need to stay in the ground by 2050 in order to avoid catastrophic climate change.

Rather than wait on a weak signal from Washington that would likely result in very modest carbon reductions, activists are attempting to create a carbon price of their own by exposing the financial unhealthiness of fossil fuel companies.

Read more

Climate Progress

Preparing For The Next Sandy

by Mindy Lubber, via Ceres

The fallout from Hurricane Sandy will be with us for years, and it will extend far beyond the devastation in New York City, New Jersey and other parts of the East Coast.

The immediate cleanup costs and economic losses are alarming. Current estimates are $33 billion in New York alone. But a far bigger challenge lies ahead: preparing for a future in which storms like Sandy and Irene are likely to occur more frequently. It is gargantuan task with no parallels, and there are millions of people and trillions of dollars worth of property sitting in harm’s way.

As a result of rising sea levels from warming global temperatures, coastal communities will require vastly expensive upgrades to key infrastructure such as subways, power grids and hospitals to boost their resiliency to stronger storms. It will require tough decisions on whether building and rebuilding should be encouraged in flood-prone areas. Above all, there’s the daunting task of curbing the pollution that creates these risks in the first place.

To adapt, we need bold action from governments, policymakers and the business community alike. Their efforts to date have proven to be grossly insufficient.

Let’s start with the business community – specifically, the insurance industry, the sector most vulnerable to skyrocketing storm losses.

Extreme weather losses are hitting insurers with a vengeance, yet U.S. insurers barely acknowledge it. They need to recognize that climate change is fueling larger drought, wildfire and flooding losses and build this into their business models and underwriting policies. This will certainly result in some higher premiums.

They need to offer stronger financial incentives for storm-proofing buildings and be a louder voice in influencing land-use planning and building codes so that coastal properties are better protected or not built at all.

And, lastly, insurers should be pushing for policies that reduce carbon pollution. Some re-insurers already are. “The insurance industry should have an interest in mitigating global warming because if we don’t do that, then we may run into hardly manageable conditions in the second half of the century,” the head of Munich Re‘s Geo Risks Research Unit, Peter Hoppe, told the Huffington Post last week.

But there are limits to what insurance companies can do – and that’s where governments, regulators and politicians must be more accountable. Government-subsidized insurance programs have been far too lenient in allowing homes to be built and rebuilt in risky areas, resulting in enormous exposure for taxpayers.

We’ve seen this in Florida, where private insurers bolted from the state after regulators capped their premiums following a string of hurricanes. A state-run insurance program is now providing homeowners insurance, and it is on financially shaky ground. With a wide gap between premiums it collects and over $500 billion in overall exposure, it is one bad hurricane away from going bankrupt.

We’ve seen this in the National Flood Insurance Program, where artificially low premiums are grossly out of whack with the odds of losses. The New York Times cited one example in Biloxi, Miss., where a property valued at $183,000 flooded 15 times in a decade, costing the program $1.47 million. Overall, the program is $18 billion in debt and that’s before factoring in Hurricane Sandy flood losses.  One encouraging sign is NFIP recently won approval to raise premiums 25 percent a year over the next five years, but rising costs for consumers are certainly cold comfort, and critics say far more still needs to be done.

Governments have also moved too slowly to make key infrastructure more resilient to stronger coastal storms. While Europeans coastal cities have invested billions to build storm locks and barriers, Eastern U.S. cities have done relatively little, making them more vulnerable to higher sea levels and storm surges. Storm-proofing subways, hospitals, electrical grids and other key infrastructure will cost tens of billions of dollars. Congress will be under enormous pressure to help with such costs, but given the deficit reduction talks also in play, the conversations won’t be easy.

More than ever, we need strong leadership from the business community and policymakers to boost our preparedness in a post-Sandy world. With increasing threats from ever-more-extreme weather, both groups must play a key role in keeping the U.S. economy out of harm’s way.

Mindy S. Lubber is the president of Ceres and a founding board member of the organization. She also directs Ceres’ Investor Network on Climate Risk (INCR), a group of 100 institutional investors managing nearly $10 trillion in assets focused on the business risks and opportunities of climate change.

Security

GOP Senator Wants Obama To Blame Al Qaeda For Benghazi Attack Before Investigation Is Concluded

Sen. Kelly Ayotte (R-NH)

Sen. Kelly Ayotte (R-NH) is quickly learning the ropes in her role as the new partner to some of the Obama administration’s harshest foreign policy critics, jumping more fully into the fray on the now heavily-politicized response to the Sept. 11 attack in Libya.

On Fox News this morning, Ayotte gave what was akin to a greatest hits version of the fact/logic-free Republican narrative on Libya, before focusing in on the administration’s not specifically referring to al Qaeda in their public remarks on the attack.

This newest source of outrage of Ayotte and other Republicans stems from the fact that the CIA’s original unclassified talking points, used by U.S. Ambassador to the U.N. Susan Rice in explaining the administration’s then-understanding of the attack on Sept. 16, were edited before delivery by Rice. In particular, a direct reference to terrorist groups was changed to read “extremists” during an interagency review to both broaden the scope of the points and not warn suspects of the extent of U.S. knowledge. However, this explanation did not satisfy Ayotte:

AYOTTE: Fourteen days later he did not call it a terrorist attack, nor did he reference it as connected to al Qaeda or an al Qaeda affiliated group. In fact the only reference he made to al Qaeda in that U.N. speech to the world was that al Qaeda had been weakened and Osama bin Laden was dead. This raises additional questions, it goes beyond Ambassador Rice. First of all, why were the talking points changed? It doesn’t make any sense to me that we were trying to dupe al Qaeda, that doesn’t pass the laugh test. But also, why was the President out fourteen days later and still failing to call it a terrorist attack to the world?

Watch Ayotte here:

The certainty that Ayotte shows is in no way shared by the administration or the intelligence community. Investigations into the assault’s perpetrators and their motives are still ongoing, with no official determination given yet by Congress, the State Department, or the FBI. While potential links between the Libyan militia Ansar Al-Sharia and al Qaeda in the Islamic Maghreb (AQIM) have surfaced, there have been no “smoking guns” that the latter helped plan the attack, counter to conservative claims.

While Ayotte and others attempt to learn where the change came from, former CIA Direct David Petraeus has already informed Congress that the talking points used by Rice were approved by the CIA, despite GOP concerns about the original content being changed at the Deputies Committee-level of the National Security Council. The White House has also denied that the edit came from it specifically, having only swapped the word “consulate” for “mission.”

Read more

Economy

Hostess To Pay $1.75 Million In Executive Bonuses After Blaming Unions For Bankruptcy

Hostess Brands, the maker of sweet snacks like Twinkies that filed for Chapter 11 bankruptcy protection last week, will ask a bankruptcy judge today to approve a plan that will allow it to pay $1.75 million in bonuses to 19 of its executives. Hostess’ decision to file for bankruptcy came amid disputes with its union workers, who threatened a strike that Hostess said imperiled the company’s finances. The unions are now protesting Hostess’ request for the bonuses, though they are unlikely to prevail, CNN Money reports:

Hostess Brands will ask a bankruptcy judge on Monday for approval to shut down the company and pay $1.75 million in executive bonuses.

Unions representing workers at the maker of Twinkies, Wonder Bread and Drake’s snacks are arguing against the bonuses. [...]

Under the plan, bonuses ranging from $7,400 to $130,500 will be paid to 19 executives. The company argues the bonuses are below market rates for such payments.

Even as it blamed unions for the bankruptcy and the 18,500 job losses that will ensue, Hostess already gave its executives pay raises earlier this year. The salary of the company’s chief executive tripled from $750,000 to roughly $2.5 million, and at least nine other executives received pay raises ranging from $90,000 to $400,000. Those raises came just months after Hostess originally filed for bankruptcy earlier this year.

Hostess is hardly the only company that has compensated its executives during bankruptcy or times of financial instability. Failed financial firm MF Global gave CEO Jon Corzine an $8 million pay package after it filed for bankruptcy, and Citigroup CEO Vikram Pandit received a $6.7 million pay package when he resigned, despite Citi’s 88 percent profit loss during his final quarter. And Hostess isn’t alone in giving executives massive raises while asking for concessions from union workers either: construction giant Caterpillar rewarded its CEO with a 60 percent pay raise, paying him $17 million, even as it forced a pay and pension freeze on its union workforce.

Update

Hostess may avoid bankruptcy after all.

LGBT

Voters Preferred Full Equality Advocates Over Log Cabin-Endorsed Anti-Gay Republicans

Marriage equality support Ann Kuster (D) unseated Rep. Charlie Bass (R) (Credit: David Lane / Union Leader)

In endorsing anti-LGBT Mitt Romney earlier this year, a spokesman for the Log Cabin Republicans explained that the group believes “we should never make the perfect the enemy of the good.” In endorsing a slate of 13 Congressional incumbents with an average Human Rights Campaign score of 38 percent, they lived up to that belief. But voters defeated six of those incumbents, replacing them with Democrats who are full-fledged supporters of marriage equality.

Just one Congressional Republican — Log Cabin Republican endorsee Rep. Ileana Ros-Lehtinen (R-FL) — has endorsed marriage equality. Rather than just endorse her and other challengers who were willing to endorse equality, the group backed some candidates who were literally 0s on equality.

In the past, the Log Cabin Republicans have argued that “to attain substantial legislative progress, we need votes from both sides of the aisle — Republican and Democrat.” But these six defeats of so-called “pro-equality champions” show voters in moderate districts preferred candidates who support the LGBT community 100 percent.

The six defeated fair-weathered “allies” were:

1. Sen. Scott Brown (R-MA). Brown, who was among the ThinkProgress Anti-LGBT Dirty Dozen Senate candidates based on his opposition to same-sex unions and the Employment Non-Discrimination Act, lost to Senator-Elect Elizabeth Warren by a 54 to 46 margin. Warren strongly backed marriage equality throughout her campaign and prominently featured her support for LGBT equality on her campaign website. Brown continues to oppose marriage equality even though same-sex marriage has been legal in Massachusetts since the 2003 Goodridge v. Department of Public Health ruling by the state’s Supreme Judicial Court.

2. Rep. Charlie Bass (R-NH). Bass, who earned just a 15 percent HRC score for his second stint in Congress, was defeated by Ann Kuster by a 50 to 45 margin. Kuster signed Freedom to Marry’s pledge to support marriage equality and noted on her campaign website that she believed the government should stay out of questions “including whom to marry, when and whether to bear a child and how to raise kind and compassionate children.” Bass has not backed marriage equality even though same-sex marriage has been legal in New Hampshire since the governor signed a marriage equality bill into law in 2009.

3. Rep. Judy Biggert (R-IL). Biggert was defeated by former Rep. Bill Foster by a 58 to 42 margin. Biggert expressed in the campaign that she was “close to reaching for gay marriages” but did not yet support them. Foster hit her for her opposition, noting that he was “not ambiguous” in his support for equality. “She has not yet evolved. So, she’s crawling out of the swamp or something… I’m all dry, fluffed off and happy to be a hominid.”

4. Rep. Mary Bono Mack (R-CA). Bono Mack, though supportive of her openly-transgender step-son, steadfastly refused to back marriage equality. She lost to Raul Ruiz, by a 52 to 48 margin. Ruiz frequently made his support for LGBT equality part of his campaign stump speech and highlighted on his campaign website: “I believe that no one should be discriminated against on the basis of who they love or their gender, religion, or race. I support the equal rights of gay and lesbian couples to marry who they love. We need to move our policies towards those which advocate fairness and equality for all.”

5. Rep. Bob Dold (R-IL). Dold, who voted for LGBT equality just 35 percent of the time in his lone House term, was defeated by Brad Schneider, by a 50.5 to 49.5 margin. Before the Chicago Tribune editorial board, Dold argued that marriage should be reserved for only opposite-sex couples. Schneider, on his campaign website page on LGBT equality wrote: “I believe that two people who desire to make a lifelong commitment to build a future together should have the right to do so, and it should be called ‘marriage,’ plain and simple. Only by extending the full and complete rights, benefits, and protections that flow from marriage can we claim that all people and families are truly equal. I strongly hold that all Americans should be entitled to the unconditional right to marry, regardless of sexual orientation.”

6. Rep. Nan Hayworth (R-NY). Hayworth, who refused to back marriage equality despite having an openly gay son and being a member of the Congressional LGBT Equality Caucus, lost to Sean Patrick Maloney, by a 52 to 48 margin. Though Hayworth’s home state of New York made same-sex marriage legal in 2011 through legislation, she continued to refused to back marriage equality. Maloney, who is openly gay, is a strong proponent of marriage equality who helped push for its enactment in the state legislature. Maloney attacked Hayworth for her lack of support for the state law and for her silence on the issue.

Polls now show the majority of Americans support marriage equality and voters in all four states considering the same-sex marriage questions on Election Day voted in favor of LGBT families. These six races show that voters in “swing” districts will no longer give a free pass to those who are occasionally for equality; when given the option to elect someone who stands firmly for LGBT rights, they are choosing perfect over mediocre.

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