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Alyssa

Congress Asks All The Wrong Questions At Hearing On HGH Testing In Football

Reps. Elijah Cummings (left) and Darrell Issa

This morning’s Congressional hearing in the Committee on Oversight and Government Reform was titled, “HGH Testing In The NFL: Is the Science Ready?” And by the time committee Chairman Darrell Issa (R-CA) and ranking member Elijah Cummings (D-MD) finished their opening statements, it seemed they had already answered their own question. Both thought the science was ready. Each panel participant seemed to already hold the same view, and the few members of the committee who bothered to show up and ask questions felt similarly.

Which leads to the question that never truly got answered: Why are we here?

The two-hour hearing bounced between what seemed like attempts by members of Congress to shame the NFL Players Association, which agreed to testing for human growth hormone (HGH) in 2011 but has been reticent to finalize that deal since, into getting its act together and attempts to draw a link between the lack of testing at the professional level and the use of HGH and other performance enhancing drugs in amateur sports.

Which leads to other questions that never truly got answered: Does such a link exist? And, more importantly, does drug testing prevent drug use?

One panel guest, Dr. Linn Goldberg from Oregon Health Sciences University, was skeptical. Goldberg helped design a drug test for high school athletes, but “[a]fter two years” of testing, “no drug or alcohol deterrent effects were present for past month use at any of the four follow-up periods,” according to his prepared testimony. “In addition, athletes at testing schools, had an increase in risk factors for future substance use.” Goldberg cited another study in which researchers found that “drug testing of athletes was not associated with lower illicit drug use among male high school athletes.” Drug use in professional sports also hasn’t dissipated. Positive tests are up since testing began in both the NFL and Major League Baseball, Goldberg said.

Which leads to another obvious question no one in the hearing asked: if high school athletes who are subject to drug tests don’t stop using performance enhancing drugs, and pro athletes who are subject to drug tests don’t stop using performance enhancing drugs, why would drug testing professional athletes make high school athletes stop using performance enhancing drugs?

Goldberg helped design programs known as ATLAS and ATHENA, education programs aimed at reducing drug use among high school athletes. After ATLAS, according to his testimony, athletes reported a 50 percent decline in steroid use. ATHENA, meanwhile, resulted in lower usage rates of steroids and dietary pills. Those programs would seem to go farther in reducing drug use among amateur athletes than simply testing the NFL, and in 2004, Congress authorized ATLAS and ATHENA for federal funding. The money, totaling $15 million a year for six years, was never appropriated. Goldberg made sure to note that fact near the end of his testimony, only to be reminded by Issa that the committee was there to talk about the NFL issue.

And yet, all of the NFL talk was relatively pointless, since there was no one on the panel from the league or the union. Afterward, Adolpho Birch, the league’s senior vice president for law and labor policy, reminded the media that the NFL remains committed to HGH testing. And while the NFLPA has indeed held up testing over scientific concerns, its players ultimately want the tests to occur, as evidenced by quotes from players like London Fletcher and Anthony Gonzalez that were read aloud at the hearing. The NFLPA’s George Atallah, who also spoke to the media, said many of the union’s concerns were about the process and how players who test positive will be handled, not about testing itself.

“We want to be good role models not only for the players who play football but for youth sports throughout the country,” Atallah said. “But along with testing and having a clean game, we also want to set the example of what fair due process is like, for what the actual effectiveness of a program is like, and those are the things we want to set forth as well and things that our players care about.”

So sure, it shouldn’t take two years for the NFL and NFLPA to solve the testing issue. But that’s a dispute over minutiae that is hardly worthy of a Congressional hearing. HGH testing would undoubtedly make the NFL a safer, fairer, more legitimate game. One of the aims of the hearing, though, was to make it clear that NFL testing could make youth sports safer. After two hours of talking, whether that would actually be the case remains clear as mud.

According to NFL Hall of Famer Dick Butkus, who was on the panel and now runs an organization aimed at preventing use of performance enhancing drugs in youth sports, there are 400,000 teens who have experimented with those drugs. Finding out how those drugs are used, how they should be tested, and how their use should be prevented would have made for an interesting and useful hearing. By making that a secondary topic and ignoring basic questions about prevention that could have and should have been asked and answered, Congress instead did what it too often does best: wasted a little of everyone’s time.

Economy

Why Boehner’s Bush Tax Cut Shenanigans Matter

The House Republicans latest “counter offer” to President Obama’s plan for averting the so-called “fiscal cliff” reportedly includes a full extension of the Bush tax cuts, including those for the richest 2 percent of Americans. But an aide to Speaker of the House John Boehner (R-OH) said that the rate on the rich does not merit an argument, because it would be rendered “moot” by the tax reform plan the GOP supposedly plans to pursue.

However, the point is far from “moot.” Starting a tax reform effort — which for the GOP means cutting tax rates while eliminating loopholes and deductions — with the revenue baseline lower that that set by President Obama will result in revenue being lower post-tax reform, unless Republicans agree to a huge revenue increase as a component of tax reform.

Here’s why. Lawmakers usually assert that they want tax reform to be revenue neutral, meaning the same amount of revenue raised via the closing of loopholes and elimination of deductions is dedicated towards lowering rates. So starting from a baseline that includes an expiration of the Bush tax cuts for the rich — and thus is $800 billion higher — makes for a different revenue target.

The Simpson-Bowles deficit reduction plan, much lauded by conservatives despite the fact that it raises significantly more revenue than Obama’s plan, baked the expiration of the Bush tax cuts for the wealthy into the cake, and laid out a tax reform plan from there.

But Boehner’s gambit is to start tax reform with a baseline at least $800 billion lower than that envisioned by Obama, thus rigging the game in the GOP’s favor. Boehner and Republicans can then call for “deficit neutral” tax reform that permanently enshrines the revenue level included with the Bush tax cuts. So at the end of the tax reform effort, the GOP would have ensured that no more revenue is raised than was raised by the Bush tax system, and possibly far less will be.

Justice

Federal Appeals Court Strikes Illinois Ban On Carrying Loaded Guns Outside The Home

A divided three-judge panel of the United States Court of Appeals for the Seventh Circuit struck down an Illinois law yesterday which prohibited most people from carrying loaded weapons outside of the home. The law prohibits most individuals from carrying a “loaded, immediately accessible—that is, easy to reach—and uncased” firearm, with exceptions for “police and other security personnel, hunters, and members of target shooting clubs.” The law also contained broad exemptions allowing someone to carry a firearm on their own property or in their own home, the later of which is required under the the Supreme Court’s decision in District of Columbia v. Heller.

Heller established a robust right to gun possession within the confines of the home, while also permitting a wide range of firearm regulation beyond the home’s four walls. Although the Seventh Circuit’s decision deemed the fairly broad Illinois law to exceed this wide range, it also makes clear that lawmakers retain a great deal of authority over firearms:

[W]hen a state bans guns merely in particular places, such as public schools, a person can preserve an undiminished right of self-defense by not entering those places; since that’s a lesser burden, the state doesn’t need to prove so strong a need. Similarly, the state can prevail with less evidence when, as in Skoien, guns are forbidden to a class of persons who present a higher than average risk of misusing a gun. And empirical evidence of a public safety concern can be dispensed with altogether when the ban is limited to obviously dangerous persons such as felons and the mentally ill. Illinois has lots of options for protecting its people from being shot without having to eliminate all possibility of armed self-defense in public. . . .

Apart from the usual prohibitions of gun ownership by children, felons, illegal aliens, lunatics, and in sensitive places such as public schools, the propriety of which was not questioned in Heller (“nothing in this opinion should be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings”), some states sensibly require that an applicant for a handgun permit establish his competence in handling firearms. A person who carries a gun in public but is not well trained in the use of firearms is a menace to himself and others. States also permit private businesses and other private institutions (such as churches) to ban guns from their premises. If enough private institutions decided to do that, the right to carry a gun in public would have much less value and might rarely be exercised—in which event the invalidation of the Illinois law might have little effect, which opponents of gun rights would welcome.

The court concluded its opinion by staying its own decision for 180 days, “to allow the Illinois legislature to craft a new gun law that will impose reasonable limitations, consistent with the public safety and the Second Amendment as interpreted in this opinion, on the carrying of guns in public.”

Health

Wisconsin Planned Parenthood Sues To Restore Women’s Access To First-Trimester Abortions

Just like Texas lawmakers’ decision to restrict access to contraceptive services will lead to higher rates of unintended pregnancy in the state, Wisconsin’s new restrictions on first-trimester abortion services are already forcing women to put off the medical procedure, leading to an uptick in later term abortions.

Even though Wisconsin already requires written consent before doctors may perform an abortion, anti-choice lawmakers pushed through a new measure that imposes additional hurdles for women who seek medicine-induced abortions during their first nine weeks of pregnancy. Planned Parenthood’s Wisconsin affiliate is suing to restore women’s full access to reproductive services, arguing that the restrictive state law is ultimately resulting in increased later term abortions because it makes it more difficult for doctors to administer the abortion pill:

The suit alleges the law does not clearly spell out what a physician must do to satisfy all of the requirements of the law. [...] Planned Parenthood, which performed roughly two-thirds of the 7,019 abortions in Wisconsin last year, stopped offering medication abortions in April when the law took effect. Officials said they could not provide the best care for their patients while protecting their doctors from criminal liability. The nonprofit continues to offer surgical abortions at its clinics in Madison, Milwaukee and Appleton.

In an interview Tuesday, Dr. Douglas Laube of Madison said the reduction in pill abortions has forced some women to terminate their pregnancies later since surgical abortions can’t be performed in the first weeks of pregnancy. Surgery also can be more dangerous for patients with certain physical conditions, he said.

“It is legislated medicine rather than evidence-based practices,” said Laube, past president of the American College of Obstetricians and Gynecologists.

Under Wisconsin’s law, women must visit the same doctor three separate times before they can take the RU-486 abortion pill — including once for a “counseling session” so their doctor can determine they’re not being “coerced” into the procedure. And since the doctors who don’t follow the new requirements can be subject to criminal charges, other women’s health clinics in the state have also followed Planned Parenthood’s lead and stopped offering medical abortions because they believe it is too legally risky.

Despite the fact that medicine-induced abortions during the first trimester of pregnancy are noninvasive, safe, and effective, right-wing lawmakers often push to restrict women’s access to the abortion pill. In rural areas where women may not have access to nearby abortion doctors, telemedical abortions — allowing doctors to prescribe and administer the RU-486 pill over a video conference — can help decrease the number of second trimester abortions by allowing women to access abortion services sooner, but anti-choice lawmakers have still insisted on working to outlaw the practice.

LGBT

University of Iowa Becomes First Public University to Allow LGBT Applicants to Self-Identify

In another milestone for the LGBT community, the University of Iowa has announced that its admission application will now include the option to self-identify as an LGBT student. Along with the other demographics questions of ethnicity and extracurricular interests, applicants will now see an optional line asking “Do you identify with the LGBTQ community?”, and including “Transgender” as a gender option.

It may seem like a small question, but it has already had a big impact. While the University of Iowa is not the first to give this option to applicants – Elmherst College holds that distinction – it is the first public university to do so, and has set an example for schools around the country. Says Shane Windmeyer of Campus Pride, “This is a huge deal in that it shows any campus that it can do the same thing.”

Current LGBT students of Iowa are just as pleased. Quentin Hill, chair of the primary group representing LGBT interests on campus, called the move “phenomenal.” Jake Christensen, the admissions counselor who started the process, says that by changing the application “we are telling people that this is a place with respect for all kinds of students.”

The new University of Iowa standard is made even more important by the Common Application – used by over 400 colleges – refusing to implement similar changes early last year. Even so, more universities are beginning to open up to the idea of being open, with the University of California and California State systems expected to change their application policy next year.

-Nate Niemann

Climate Progress

Clean Tech Is Challenged, But Its ‘Death’ Is Over-Hyped

by Clint Wilder, via Clean Edge

“Clean tech is dead. The same way that the Internet was dead in 2000.”

To me, in assessing the state of the clean-tech industry in my final CE Views column of 2012, that may well be the quote of the year. Its source was Mitch Lowe, founder and managing partner of Greenstart, an incubator for software-based clean tech startups. Lowe’s sarcastic and insightful quip deftly describes the industry’s current condition: it’s transitional, challenging – and not going away anytime soon. Or ever.

Having covered the high tech and clean tech industries since 1985, I’ve seen countless hype waves come and go. The bursting of the Internet bubble around 2000 that Lowe referred to is still by far the biggest hype-and-crash that I’ve witnessed, Solyndra or no Solyndra. But in both high tech and clean tech, two things are always true. Hype about the latest new new thing (think Donald Trump exclaiming, “Huuuge!”) always exceeds the (long-term) business reality. And just as important to remember, what I will call the reverse hype – the naysaying and death knells from the doomsayers – always overstates reality as well. Remember, hype is not just buzz; it’s short for hyperbole, which means exaggeration. It may have been good for Internet stock valuations in 1999 or, I would argue, for shale-gas speculators today – but it’s not a long-term business strategy.

Mainstream media memes like “clean tech is dead” are understandable. They’re simple, easy to comprehend, and fit nicely into a Tweet, TV news chyron, or cocktail party conversation starter. But reality is always far more complex.

I don’t mean for one minute to minimize the obstacles faced by the clean-tech industry as we head into 2013. For most sectors and companies, 2012 has ranged somewhere between challenging and brutal. (Solar installation and deployment has been a notable exception, with the U.S. market on track for 50 percent growth in 2012 and SolarCity’s forthcoming IPO capping off the year). Public and private funding is hard to come by, policy is uncertain if not hostile, stock prices are battered, and low-cost natural gas has made the grid-parity game for renewables more daunting. It’s probably the most challenging environment for the industry since at least the Great Recession of 2008-09, if not the early 2000s when clean tech’s challenge was trying to get noticed at all.

Read more

Alyssa

Bristol Palin’s Failed Reality Show Received $354,348 In Taxpayer Dollars From Alaska

The continuing move of the entire Palin family into reality television careers is an amusing downfall story, but it took a serious turn today with the news that the state of Alaska had provided $354,348 in subsidies to Bristol Palin’s most recent venture into the genre, her Lifetime show Bristol Palin: Life’s A Tripp, which had such dreadful ratings it was yanked from its slot after two episodes. It’s one thing for the entertainment industry to effectively subsidize the Palins’ careers, given the relatively limited appeal they have in the aftermath of Sarah Palin’s political career. But it’s another for Alaska to spend money to attract a show to the state that probably would have filmed there anyway.

If the purpose of film and television production credits is to keep jobs in-state or to convince companies that otherwise might not have produced shows in a state to consider filming there, it’s not remotely clear why Bristol Palin: Life’s a Tripp would have been a good candidate for those credits. Alaska is Palin’s childhood home. It’s where her parents continue to live, though Todd Palin’s stint in reality television this fall might mean that the family is gravitating more towards Los Angeles. And it’s where Levi Johnston, the father of Bristol’s child, continues to live. If she was retreating from an attempt at a career in California and reestablishing her life near her support system, Alaska was the most logical place for her to do it, even absent a subsidy program. That the show got tax credits from the state suggests more an eagerness to distribute them to whatever project came along than a real effort to attract new and unexpected business to the state.

It’s true that the show generated some revenue for the state, though it’s hard to tell if it was enough to justify spending those subsidies on this particular program, rather than attempting to attract another show to Alaska, or holding off on spending it at all. The Fairbanks Daily News-Miner, which broke the story of the tax subsidy, notes that the production reported spending $995,275 in Alaska, though not all of that money went to people who live in Alaska, and about $500,000 of that spending went to on-camera talent for the show. The benefits of the program were not exactly broad, or oriented towards creating a lot of new, long-term Alaska jobs.

I understand why states try to lure away productions from California, and to get some of those jobs for their own citizens. But with almost every state offering some form of incentives, it’s easy for productions to shop for the best deal and to pit those subsidy programs against each other in a way that could minimize the economic benefits the states receive from hosting those productions. And if one of the marks of a viable industry is that it can survive without being subsidized, some states are finding it difficult to get their film programs truly off the ground—after Michigan cut its incentives, a new and expensive studio in Pontiac is finding itself without clients. If states are going to pony up to attract film and television productions, they should be clear about what kind of benefits make the programs worth it for them, or they should consider orienting those credits programs to ends beyond economic ones, like improving the numbers of contracts going to women and minority-owned businesses or projects in the industry. The welfare of Bristol Palin and the future of Alaska’s film and television industry are not one and the same.

NEWS FLASH

Former President Jimmy Carter Voices Support for Marijuana Legalization | At a forum hosted by CNN, former President Jimmy Carter came out in support of legalizing marijuana. “I’m in favor of it. I think it’s OK,” he said. He also voiced support for the measures passed in Colorado and Washington decriminalizing the drug and believes the country should see how the new policies work before passing judgment. “That’s the way our country has developed over the last 200 years,” Carter said. “It’s about a few states being kind of experiment states. So on that basis I am in favor of it.”

– Greg Noth

NEWS FLASH

Colbert Compares Ex-Gay Therapy To Anti-Left-Handedness | On Tuesday night’s The Colbert Report, Stephen Colbert mocked ex-gay therapy, noting a recent decision by a California judge to suspend a new ban on the treatment for minors for three plaintiffs challenging the law. (A judge in a separate case was not so conciliatory to the harmful therapy’s proponents.) Colbert highlighted the New Jersey lawsuit against Jewish ex-gay group JONAH and the many bizarre strategies the clients had to endure that were supposed to help them change their orientation. At the end of the segment, he notes, “If we outlaw these therapies, we’d have no choice but to sit back and let people be gay, just like we gave up on curing left-handedness.” Watch it:

Economy

A McDonald’s Employee Must Work One Million Hours To Make As Much As The Company’s CEO

Fast food workers in New York City briefly walked off the job last month to protest the low wages endemic to their industry. Over the last several years, fast food companies — most prominently McDonald’s and Yum! Brands, which owns Kentucky Fried Chicken, Pizza Hut, and Taco Bell — have reaped huge profits while employing some of the largest numbers of low-wage workers in the country.

At the same time that they’re paying their workers bottom-of-the-barrel wages, these companies give huge salaries to their CEOs. Case in point, McDonald’s CEO made $8.75 million last year, while an average McDonald’s employee would need to work more than one million hours to amass such a sum, as Bloomberg News noted today:

The pay gap separating fast-food workers from their chief executive officers is growing at each of those companies. The disparity has doubled at McDonald’s Corp. in the last 10 years, according to data compiled by Bloomberg. At the same time, the company helped pay for lobbying against minimum-wage increases and sought to quash the kind of unionization efforts that erupted recently on the streets of Chicago and New York. [...]

[A McDonald's employee] would need about a million hours of work — or more than a century on the clock — to earn the $8.75 million that McDonald’s, based in the Chicago suburb of Oak Brook, paid then- CEO Jim Skinner last year.

About one in four Americans will be working in a low-wage job over the next decade. And low wages don’t just hurt workers: they hurt those workers’ children too, as a recent report from the Pew Research Center showed.

Meanwhile, chief executives at the 50 companies employing the largest number of low-wage workers made an average of $9.4 million last year. CEOs now make an average of 380 times as much as the average worker.

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