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Health

Democratic Women Slam GOP’s Radical Contraception Amendment, Claim It ‘Opens Door To Discrimination’

High-profile Democratic women are hitting back against the GOP’s opposition to the Obama administration’s new rule requiring insurers and employers to offer contraception in their health care benefit plans. Obama exempts houses of worship and nonprofits that primarily employ people of the same faith from covering birth control, while religiously affiliated hospitals and colleges can also eschew the benefit. Their employees would obtain the coverage — at no additional cost sharing — directly from the insurer.

Today, the Senate will hold a vote on a Republican substitute introduced by Sen. Roy Blunt (R-MO), which would allow any and all insurers and employers to deny their employees health benefits and services required by federal law based on their personal religious or moral objections. The measure has 37 co-sponsors — including the GOP leadership, women Republican Senators Lisa Murkowski (AK), Kay Bailey Hutchison (TX), Kelly Ayotte (NH), Democrat Ben Nelson (NE), and Republican Scott Brown (MA). Brown has supported expansive conscience protections for religious organizations throughout his legislative career, but voted for a tougher contraception mandate as a Massachusetts state representative in 2002 and approved of a law requiring all hospitals — including Catholic institutions — to provide emergency contraception to rape victims in 2005.

After defending Obama’s rule last year, Democrats are now on the offensive. Sens. Barbara Boxer (D-CA) and Patty Murray (D-WA) have derided Blunt’s measure as “extreme” and “dangerous,” claiming that “It puts politics between women and their healthcare.” Sen. Jeanne Shaheen (D-NH) warned, “This would gut the protections that were established in the Affordable Care Act and open a Pandora’s box that allows employers to deny coverage for virtually anything they might object to” and yesterday, Massachusetts Senate candidate Elizabeth Warren told the Washington Post’s Greg Sargent that amendment would permit insurers or employers to discriminate against women:

“I am shocked that Senator Brown jumped in to support such an extreme measure,” Warren told me by phone just now. “This is an all new attack on health care. Any insurance company could leave anyone without health care, just when they need it most.” [...]

“This is an extreme attack on every one of us,” Warren said. “It opens the door to outright discrimination. It would let insurance companies and corporations cut off pregnant women, overweight guys, older Americans, or anyone — because some executive claims it’s part of his moral code. Maybe that wouldn’t happen, but I don’t want to take the chance.”

Indeed, under the measure, an insurer or an employer would be able to claim a moral or religious objection to covering HIV/AIDS screenings, Type 2 Diabetes treatments, cancer tests or anything else they deem inappropriate or the result of an “unhealthy” or “immoral” lifestyle. Similarly, a health plan could refuse to cover mental health care on the grounds that the plan believes that psychiatric problems should be treated with prayer.

Individuals too can opt out of coverage if it is contrary to their religious or moral beliefs, radically undermining “the basic principle of insurance, which involves pooling the risks for all possible medical needs of all enrollees.” As the National Women’s Law Center explains, Blunt’s language is vague enough that “insurers may be able to sell plans that do not cover services required by the new health care law to an entire market because one individual objects, so all consumers in a market lose their right to coverage of the full range of critical health services.” As a result, a man “purchasing an insurance plan offered to women and men could object to maternity coverage, so the plan would not have to cover it, even though such coverage is required as part of the essential health benefits.”

Significantly, two Republican women senators — Olympia Snowe (ME) and Susan Collins (ME) — have come out in support of Obama’s modified contraception rule and may oppose Blunt’s measure.

Read the full amendment here.

Fatima Najiy contributed to this post.

NEWS FLASH

Senators Push For Syria’s Assad To Be Charged With Crimes Against Humanity | Four Democratic senators urged U.S. Ambassador to the U.N. Susan Rice to push the U.N. Security Council to refer Syrian dictator Bashar al-Assad to an international war crimes tribunal because of a brutal seven-month crackdown against massive and largely unarmed anti-government protests. “It is paramount that the Security Council refers credible allegations of crimes against humanity by President Bashar al-Assad’s regime to the International Criminal Court,” wrote Sens. Barbara Boxer (CA), Benjamin Cardin (MD), Dick Durbin (IL), and Robert Menendez (NJ), in a letter to Rice. “The people of Syria deserve to know that the people of the United States understand their plight, stand behind them, and will work to bring justice to their country.”

Green

[Updated] Climate Hawks Boxer, Kerry And Cardin Confirm Opposition To All Climate Zombie Amendments

Climate hawks are starting to take a strong stand against the Senate frenzy to cripple Clean Air Act rules on behalf of global warming polluters. Four anti-climate amendments have been attached to unrelated small business legislation now under consideration. Sen. Mitch McConnell (R-KY), with the support of nearly the entire Republican caucus, submitted the Upton-Inhofe climate denial bill, while Democratic senators Jay Rockefeller (D-WV), Max Baucus (D-MT), and Debbie Stabenow (D-MI) introduced their own bills to hogtie the Environmental Protection Agency.

Sen. John Kerry (D-MA), Sen. Barbara Boxer (D-CA), and Sen. Ben Cardin (D-MD) have been leading the fight against limits of Clean Air Act enforcement of greenhouse pollution rules. Today, spokespeople for these climate hawks confirmed to ThinkProgress that they are committed to opposing any and all of these pollution riders, no matter which party has introduced the legislation.

A vote on at least the McConnell amendment is expected next week.

To call your senator and find out the stance on the four anti-science, pro-polluter amendments, check out the Credo whip count page.

Update

A spokesperson for Sen. Jeff Merkley (D-OR) confirms that he is joining the other climate hawks to vote against any anti-EPA carbon amendment.

Health

Sen. Boxer Highlights The Inequality Of Mini-Med Plans

Yesterday, the Senate Committee on Commerce, Science, and Transportation held a hearing about the administration’s decision to exempt so-called mini-med plans — subprime insurance offered to lower wage employees — from certain requirements in the Affordable Care Act that are intended to protect Americans from insurance abuses until they can purchase more comprehensive coverage from the state-based exchanges in 2014. Democrats criticized employers like McDonald’s — which had warned federal regulators that it could drop its health-insurance plan for 30,000 hourly workers unless regulators waived certain requirements — for selling insurance that “give workers a false sense of protection from expensive illnesses” and argued that “workers would be better with no coverage at all since they could redirect their premiums to spending on their medical care.” Mini-med insurance plans often restrict the number of covered doctor visits or impose a relatively low maximum on insurance payout and beneficiaries often have “no idea of how limited the coverage is.”

During one exchange with Richard Floersch, McDonald’s Corporation Executive Vice President and Chief Human Resources Officer, Sen. Barbara Boxer (D-CA) highlighted the discrepancy between how much the company contributed to the health plans of its lowest wage workers — who presumably would have the hardest time keeping up with growing health care costs — and corporate executives:

BOXER: Mr. Flourish, what percentage of these low income peoples’, health care plans do you pick up? [...]

FLOERSCH: Anywhere from 10 to 20% of the hourly employees that we’re talking about.

BOXER: Okay. What do you pick up for your corporate people?

FLOERSCH: We pick up 80% for our corporate people. We pick up 80% for our restaurant managers. We pick up 80% for our certified swings….70% of for our executives [...]

BOXER: Explain that to me. The people who earn the least you pick up the least of their premiums… you are telling me with a straight face that an hourly employee could afford the same level of coverage that you get? No. And what you do is, you pick up hardly anything of the lowest income people and if you look at — Do you know what, for example, starbucks pays for its workers? 75%.

Watch it:

Boxer suggested that the company could afford to pay a higher percentage towards the health care of its lowest wage employees, noting that the company posted a $4.5 billion profit in 2009. “I’m just saying that you pick up 70 to 80 percent of your higher income workers and 10 to 20 per of your lowest workers,” she said.

Green

FLASHBACK: Carly Fiorina Said Cap-And-Trade ‘Will Both Create Jobs And Lower The Cost Of Energy’

In pursuit of the California Republican Party nomination for the 2010 Senate, Carly Fiorina has abandoned her support for cap-and-trade legislation. The former Hewlett Packard executive hopes to unseat Sen. Barbara Boxer (D-CA), who has championed clean energy legislation as the chair of the Environment and Public Works Committee. In a new online advertisement created by Sen. Jim Inhofe’s (R-OK) nephew Fred Davis, the Fiorina campaign portrays Boxer as a giant floating head ominously looming over California. A gravel-voiced narrator claims that Boxer is “indifferent” that her climate policies “would take already painful jobless numbers and make them dramatically worse”:

NARRATOR: Proclaiming a cap-and-trade bill would clean the environment, indifferent that it would take already painful jobless numbers and make them dramatically worse.

BOXER: “That’s where you’ll have a little bit of an increase in electricity prices…”

NARRATOR: Even President Obama says electricity rates will skyrocket. And the Wall Street Journal says it is likely to be the biggest tax increase in history.

However, less than two years ago, Fiorina was singing a different tune. Speaking at the 2008 Republican National Convention in Minneapolis, MN, she praised Sen. John McCain’s (R-AZ) cap-and-trade plan as something that would “both create jobs and lower the cost of energy”:

I know John McCain. And in 2013, America will be more energy-independent because of his determination that we must power our own country, and his long-standing commitment to protecting our environment. John McCain will create a cap-and-trade system that will encourage the development of alternative energy sources. He will help advance clean coal technology, and nuclear power. And all of this will both create jobs and lower the cost of energy.

Watch a montage:

Like McCain’s plan, Boxer’s climate legislation marries a market-based cap on carbon pollution with support for alternative energy sources, including nuclear power and advanced coal technology. The revenues generated from a cap on carbon pollution will protect electricity consumers from the cost of investing in new jobs and ending dependence on oil, as Boxer has explained last year:

We must get these greenhouse gas emissions out of the air because if the planet continues to warm, we’re in a whole lot of trouble. Pretty much everyone agrees on that. Now, that means we have to move to clean energy and away from imported oil and those Middle East dictators. That’s good. We’ll move to clean energy. It will be better for our health and our families. That’s good. What about this transition period, as we move away from the dirty fuels and dirty coal to clean coal, to clean fuels, to solar, wind and geothermal? That’s where you’ll have a little bit of an increase in electricity prices. However, with a cap-and-trade system, you will have an incoming stream of revenues just as you do from the acid rain program, an incoming stream of revenues. And those revenues will make consumers whole. They will never pay any more. And that’s just the facts.

Analyses by the Environmental Protection Agency, Energy Information Administration, Union of Concerned Scientists, and the Congressional Budget Office show that Boxer (and Fiorina circa 2008) is indeed telling the facts.

However, Fiorina 2010 seems to have decided to get her policy advice from one of her first endorsers, global warming denier Jim Inhofe.

Politics

Boxer’s message to men who support abortion riders: How would you like it if we singled out Viagra?

Today, the Senate began debate on Sen. Ben Nelson’s (D-NE) amendment to prohibit federal funds from being used for abortions or for plans that include abortion services. Igor Volsky notes that Sen. Barbara Boxer (D-CA) stepped up and drew a parallel to help the amendment’s male co-sponsors better understand its repercussions. Since Nelson’s measure forces women to purchase special abortion riders — which require women to plan for unplanned pregnancies — Boxer challenged “the men who have brought us this” to “single out a procedure that’s used by a man or a drug that is used by a man that involves his reproductive health care and say they have to get a special rider”:

BOXER: There’s nothing in this amendment that says if a man some days wants to buy Viagra, for example, that his pharmaceutical coverage cannot cover it, that he has to buy a rider. I wouldn’t support that. And they shouldn’t support going after a woman using her own private funds for her reproductive health care. Is it fair to say to a man you’re going to have to buy a rider to buy Viagra and this will be public information that could be accessed? No, I don’t support that. I support a man’s privacy, just as I support a woman’s privacy.

Watch it:

Green

In Reversal, Boxer Sharply Curbs Clean Air Act Regulation Of Greenhouse Gases

Sen. Barbara BoxerIn a major shift, Sen. Barbara Boxer (D-CA) has changed the Clean Energy Jobs Act to significantly restrict the use of existing Clean Air Act provisions to regulate greenhouse gases. Unlike the climate bill passed by the House in June, the initial version of the Clean Energy Jobs and American Power Act, released by lead sponsor Sen. John Kerry (D-MA) and Boxer last month, did not strip the Environmental Protection Agency’s existing authority. The new language excludes global warming pollution from several sections of the Clean Air Act, limiting its regulation to operating permits for stationary sources emitting over “25,000 tons per year of any greenhouse gas”:

Notwithstanding any provision of this title or title III, no stationary source shall be required to apply for, or operate pursuant to, a permit under this title solely because the stationary source, including an agricultural source, emits less than 25,000 tons per year of any greenhouse gas or combination of greenhouse gases that are regulated solely because of the effect of those gases on climate change.

The 25,000 ton standard reflects the EPA’s plan for starting global warming regulation under a “tailoring rule” limited to the few thousand stationary sources of more than that amount of carbon dioxide a year — in large part coal-fired power plants. However, Boxer’s text is poorly written, as many greenhouse gases are thousands of times more powerful global warming pollutants than carbon dioxide.

The new text — like that of the House bill — completely forbids the regulation of greenhouse gases under the criteria pollutant, hazardous air pollutant, and international air pollution sections of the Clean Air Act.

Although several progressive and environmental organizations have made the preservation of existing Clean Air Act authority in the Clean Energy Jobs and American Power Act a key demand, Democratic members of the Committee on Environment and Public Works — which is now beginning to mark up the legislation — are split on this issue. Committee members Sen. Kirsten Gillibrand (D-NY) and Sheldon Whitehouse (D-RI) are signatories, with Chris Dodd (D-CT), of a dear colleague letter in favor of allowing greenhouse gas regulation as a pollutant circulated by Sen. Bob Menendez (D-NJ). However, Sen. Arlen Specter (D-PA) had questioned the provision, and influential member Max Baucus (D-MT), the Finance Committee chair, strongly opposes EPA regulation.

Organizations that have called on the Senate to “save the Clean Air Act” include Friends of the Earth, 1Sky, and MoveOn, supported by youth and other grassroots activists.

Other changes to the original version of the legislation reflect industry-friendly demands from Democrats on the committee. They include: increasing free allowances to major oil refineries, putting the Secretary of Agriculture in charge of the agriculture offset program, and making owners of abandoned mountaintop removal sites (“private or public abandoned mine land”) eligible for “Greenhouse Gas Reduction Incentives.”

The chairman’s mark also adds some provisions which strengthen the bill: Rep. Doris Matsui’s (D-CA) tree-planting program language, incentives for rapid renewable energy deployment, and a program to reduce black carbon emissions from diesel.

Text in chairman’s mark of Clean Energy Jobs and American Power Act restricting Clean Air Act regulation of greenhouse gases: Read more

Green

Black Chamber of Commerce CEO Calls Barbara Boxer A Racist

In an Environment and Public Works hearing today, National Black Chamber of Commerce CEO Harry Alford accused Sen. Barbara Boxer (D-CA) of being a racist. Alford, an opponent of the Waxman-Markey American Clean Energy and Security Act, attacked Boxer for being “racial” when she cited the NAACP’s support of clean energy and climate legislation. Saying he took “offense as an African American and a veteran,” he asked why she didn’t quote an “Asian” instead:

Madam chair, that is condenscending [sic] to me. I’m the National Black Chamber of Commerce, and you’re trying to put up some other black group to pit against me. . . .

All that’s condescending, and I don’t like it. It’s racial. I don’t like it. I take — I take offense to it. As an African-American and a veteran of this country, I take offense to that. You’re quoting some other black man — why don’t you quote some other Asian or some — I mean, you’re being racial here. And I think you’re getting on a path here that’s going to explode, in the Post. . . .

We’ve been looking at energy policy since 1996. And we are referring to the experts, regardless of their color. And for someone to tell me — an African-American, college-educated veteran of the United States Army — that I must contend with some other black group and put aside everything else in here. This has nothing to do with the NAACP, and really has nothing to do with the National Black Chamber of Commerce! We’re talking about energy. And that — that road the chair went down, I think is God awful.

Watch the exchange:

Alford, whose organization has received at least $275,000 $350,000 from ExxonMobil, was invited by the Republican members to testify. He purported to have “a deep understanding of small and minority-owned businesses” and spoke on behalf of the “black community” in his opening statement. He cited a flawed economic analysis of Waxman-Markey commissioned by his organization that estimates extreme costs for reducing our dependence on coal and oil.

As Sen. Boxer noted, it seems “relevant” that other organizations with “a deep understanding” of the “black community,” such as NAACP and 100 Black Men of Atlanta, see the threat of global warming and the opportunity in a clean energy future.

Later in the hearing, Alford argued, “Let me speak for the African-American community, because I am African American.”

Update

On WSJ’s Washington Wire, Siobhan Hughes notes:

The debate about race appeared to leave Democrats grumpy. When Oklahoma Sen. Jim Inhofe, the top Republican on the panel, interrupted Sen. Tom Carper, the Delaware Democrat snapped: “Damn it. I want to be given the respect that I gave you.”


Update

,Grist‘s Kate Sheppard reports:

Alford conceded that addressing climate change “should be a no-brainer,” but he called for an energy plan that expands the use of oil, gas, and coal. Befuddling? Perhaps not, when you note that Alford’s group has received $350,000 from ExxonMobil since 2003 and Alford has a history of offering up climate skeptic talking points.


Update

,On Blog For Our Future, Isaiah Poole writes:

Well, as an African American I don’t know what the hell Alford was upset about — other than the fact that Alford was shown that his shilling for the right is not appreciated in much of the community he claims to represent. . .

For a man who compares seeking to organize a union through a person-to-person card-check drive to the efforts of Southern segregationists to violently suppress the black vote, a complaint that Boxer citing a resolution by the NAACP on climate change in a climate change hearing is somehow “racial” and something that would “explode” is certainly audacious. Condescending, though, is more apt.

So let’s be clear: Harry Alford does not speak for the African-American community. He does not speak for me. He speaks for a cabal of conservative obstructionists who are hell-bent on protecting the old order of oil companies being unaccountable to the environment, employers being unaccountable to their workers—and of African Americans who won’t pimp for the interests of corporate America being kept in their place.


Update

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Green

David Axelrod: Climate Legislation Is ‘Long Overdue’

David AxelrodOn Tuesday, Sen. Barbara Boxer (D-CA) stood with fellow Democratic members of the Senate Committee on Environment and Public Works to introduce principles for climate legislation, saying “We know that we have to act, and we intend to act.” David Axelrod, one of President Obama’s senior advisers, told E&E News that the effort by Congress to construct legislation to fight global warming is more than welcome:

We think that it’s healthy that there’s so much momentum in Congress to address this problem. It’s long overdue.

Boxer admitted that December is her working deadline for getting a bill “out of committee.” Other Senate chairs, including Energy and Natural Resources Chairman Jeff Bingman (D-NM) and Finance Chairman Max Baucus (D-MT) intend to weigh in on any legislation. “All of those committees,” Majority Leader Harry Reid (D-NV) told E&E News, “especially my old committee, EPW, have an important role to play for the Senate to produce a sound cap-and-trade bill that meets the president’s emission reductions objectives.”

At Climate Progress, Joe Romm therefore doubts climate legislation will be passed before 2010: “So this has to get through multiple Senate committees, pass the full Senate, be reconciled with whatever comes out of the House, and then pass both House and Senate again, and finally end up on Barack Obama’s desk.”

Meanwhile, President Obama continues to build a green-powered administration, with the selection of Robert Sussman and Lisa Heinzerling as senior EPA policy advisers, Todd Stern as the State Department climate envoy, climate justice leader Ron Sims as deputy secretary for the Department of Housing and Urban Development, and even new assistant White House chef Sam Kass, a strong supporter of local, sustainable, and healthy food.

Showing that Obama won’t just wait for Congress to act, yesterday the EPA and Department of Justice restarted a “national initiative, targeting electric utilities whose coal-fired power plants violate the law,” with a lawsuit against a Kansas utility whose coal-fired power plant has been in violation of the Clean Air Act for more than ten years. The case against Westar Energy had been held up by the Bush administration since 2003. A memo from Stephen Johnson’s deputy Marcus Peacock practically shut down all enforcement activity in 2005 .

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