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Dirty Energy Fuels Climate Change Denier Ken Cuccinelli’s Campaign

Virginia Attorney General Ken Cuccinelli (R)

Virginia Attorney General Ken Cuccinelli (R)

In the first quarter of 2013, Virginia Attorney General Ken Cuccinelli II (R) raised about $2.4 million for his gubernatorial campaign. Of that, a huge portion came from oil and gas interests — likely impressed by his long record of active climate denial.

A ThinkProgress review of data from the Virginia Public Access Project reveals that, by far, his largest donor in the period was the Republican Governors Association — a 527 political committee that works to aid Republican governors and gubernatorial candidates. While it is impossible to know the exact origin of the RGA’s $1 million contribution, the group receives a significant portion of its money from polluter interests.

In 2012, Koch Industries contributed more than $2 million, $800,000 from Devon Energy, and more than $639,000 from CONSOL Energy. According to a Center for Public Integrity investigation, oil and gas interests used the RGA to as a conduit for millions in donations in 2010, allowing them to circumvent campaign finance laws and invest heavily in electing candidates who supported fracking and other drilling expansion.

More directly, Cuccinelli accepted about $200,000 from energy companies and executives. These included:

1. Murray Energy Corporation, $50,000
2t. CONSOL Energy Inc., $25,000
2t. Dominion Political Action Committee (Dominion Resources, Inc.), $25,000
4t. Marvin Gilliam (retired VP of Cumberland Resources Corp.), $25,000
4t. Koch Industries Inc., $25,000
6t. American Electric Power Committee for Responsible Government (American Electric Power), $10,000
6t. William B. Holtzman (president and owner of Holtzman Oil), $10,000
6t. Range Resources Corporation, $10,000
9t. Thomas Farrell (CEO of Dominion Resources, Inc.), $5,000
9t. Michael G. Morris (President and CEO of American Electric Power), $5,000
9t. Baxter F. Phillips Jr. (an executive with Alpha Natural Resources, Inc.), $5,000
9t. Clyde E. Stacy (an executive with Pioneer Group/Rapoca Energy.), $5,000

Between these donations and the RGA’s funds, about half of Cuccinelli’s contributions over the reporting period were tied to oil, gas, and coal.

Their support is unsurprising given Cuccinelli’s record as Attorney General. As part of his efforts to cast doubt on climate-change science, he used his position to launch an inquisition against a former University of Virginia climate scientist. Citing possible “fraud against taxpayers,” Cuccinelli demanded the university provide him with a wide range of records relating Dr. Michael E. Mann’s grant applications.

A circuit judge and then the Virginia Supreme Court ruled that the Attorney General was incorrect in believing he had the legal authority to undertake such a fishing expedition. When he blasted the ruling, newspapers blasted him for wasting Virginia tax dollars. He also failed in his federal lawsuit challenging the Environmental Protection Agency’s power to regulate carbon dioxide as a greenhouse gas — a unanimous appeals court upheld the agency’s regulations as based on an “unambiguously correct” reading of the law.

Since his legal efforts for climate-change denial failed, he often relies on mockery, asking audiences to exhale carbon dioxide in unison, during his speeches, to annoy the EPA .

According to Greenpeace, he also worked with coal companies to roll back Virginia’s clean energy program. In the “energy” section of his campaign website, Cuccinelli says that we “need oil, natural gas, and coal to power our homes, cars, and economy and Virginia could be doing more to provide that to the world while growing job opportunities for our middle class.” To get that, he says, Virginia should safely take advantage of “all of the resources” it has on- and off-shore, “with as little government intervention as possible.”

Justice

On The Anniversary Of Virginia Tech, The NRA May Once Again Try To Weaken Gun Laws


Six years ago, Virginia Tech University went down in history as the site of the deadliest school shooting to ever occur in the US. Seung-Hui Choi, a 23-year-old English major, gunned down 56 people and killed 32. Choi had been declared “an imminent danger to self or others as a result of mental illness” by a court in 2005, yet was still able to pass a background check to buy two guns and several high capacity magazines. Armed with these high-powered weapons, Choi’s massacre took just 15 minutes from start to finish.

Since Virginia Tech, there have been 20 mass shootings in the US. In December, the Sandy Hook Elementary School massacre in Newtown, CT, came the closest to matching the Virginia Tech bloodbath, with 26 casualties.

The post-Newtown push for more effective gun regulation in some ways mirrors the momentum for change after the Virginia Tech massacre. In the aftermath of Virginia Tech, the Bush administration proposed legislation requiring states to share with the FBI the names of people who had been involuntarily committed to mental health facilities, so they could be included in the federal background check system. Congress passed the bill, but only after the National Rifle Association extracted two concessions that ultimately undermined the entire law.

The NRA refused to support the bill unless it also required states to set up gun rights restoration programs for mentally ill people, and narrowed the definition of a “mental defect.” These two provisions both enabled the bill’s passage and created new loopholes in the Gun Control Act of 1968. As a 2011 New York Times investigation detailed, the law has been rendered toothless by lenient state restoration programs. Hundreds of people with mental health issues have their gun rights restored every year — and some go on to use those guns to kill themselves or others:

In a typical case, Joshua St. Clair, who served in Iraq with the National Guard, got his gun rights back last year. About six months earlier, Mr. St. Clair, now 22, had heard a rattling at his gate. He said he “kind of blacked out” and the next thing he knew, he was pointing his M-4 assault rifle at his friend’s chest. That led to a temporary detention order, treatment for post-traumatic stress disorder and loss of his firearms rights. He took a note from his psychiatrist to his restoration hearing, which he said “lasted maybe about five minutes,” but he said the judge did not even ask to see it.

In the wake of the Newtown shooting, the NRA spent months loudly denouncing any effort to strengthen gun laws. To appear supportive of background check reform, the gun lobby threw its weight behind a deceptive bill claiming to strengthen background checks. In fact, the bill would let individuals who had been involuntarily committed skip judicial screening to restore their gun rights. Instead, people could apply to have their names removed from the system immediately.

The Senate’s most promising background checks compromise will likely come to a vote this week. The NRA remains opposed, but one gun group enthusiastically endorsed the bill because of its stiff penalties for gun record compilations and its restoration of gun rights for veterans deemed “mentally defective” by Veterans Affairs. Yet even with these concessions to gun rights groups, the background check bill is still short of the 60-vote threshold needed to defeat a filibuster.

To entice pro-gun lawmakers, the Senate may also consider adding an NRA-supported amendment requiring all states to recognize concealed-carry permits, essentially wiping out tough state laws. Another concession on the table would allow unlicensed gun dealers who live more than 100 miles from a federally licensed dealer to forego background checks.

Health

BREAKING: Virginia Board Of Health Passes Regulations Meant To Shut Down Abortion Clinics

The Virginia Board of Health voted 11-2 on Friday “to require abortion clinics to meet strict, hospital-style building codes” that many women’s health advocates say will put abortion providers out of business and prevent women from accessing essential medical services.

Pending final approval by conservative state Attorney General Ken Cuccinelli (R) and Gov. Bob McDonnell (R) — which is almost definite — Virginia will join other GOP-led states such as North Dakota, Mississippi, and Alabama in imposing stringent regulations meant to arbitrarily shut down abortion clinics.

The regulations — part of a nationwide anti-choice campaign to adopt so-called Targeted Regulation of Abortion Providers, or TRAP, laws — would require clinics that provide abortions to meet the same standards as outpatient hospital facilities, forcing many clinics to choose between expensive and medically unnecessary renovations such as widening halls and doorways or shutting down entirely. While the health board originally wished to grandfather existing clinics from having to comply with the new rules, Cuccinelli threatened to make its members foot the bill for any litigation that resulted from the law.

Friday’s vote represents the latest skirmish in an ongoing conservative war on abortion clinics. In the past three months, states have proposed an astonishing 694 provisions restricting or rolling back women’s reproductive rights. Efforts to shutter local abortion clinics disproportionately impact low-income women and significantly increase the incidence unintended pregnancies.

Health

Virginia Lawmakers Agree: Banning Insurers From Covering Abortion Hurts Low-Income Women

This week, Virginia became the 21st state to restrict coverage for abortion services in the health insurance marketplaces set up under Obamacare. Over the past several years, that’s become an increasingly common tactic to restrict abortion access, as anti-choice lawmakers rush to prevent insurers from being able to cover the cost of the legal medical procedure.

Even though the measure banning abortion coverage — which was an amendment that Gov. Bob McDonnell (R) tacked onto a broader General Assembly bill — ultimately passed the legislature, it still sparked a debate that cut across party lines. Republican and Democratic lawmakers both suggested that preventing women from using their insurance coverage to pay for abortion services is ultimately a class issue, a point confirmed by women’s health advocates:

But members of both parties agree that the measure’s biggest impact will likely fall along class lines, landing hardest on some of the people the federal health-care overhaul was designed to help: working women who barely get by on their incomes.

“Those people that can afford insurance outside of the exchanges will be able to buy whatever they want. People that can’t afford to buy outside of the exchange will have to buy policies that don’t cover these procedures,” said Sen. John C. Watkins (R-Powhatan), who sponsored the bill but opposed the amendment by Gov. Robert F. McDonnell (R). “It just sets up a class situation, in my mind.” [...]

Cianti Stewart-Reid, executive director of Planned Parenthood Advocates of Virginia, said that the only real effect of the amendment would be to limit access for women who make too much money to qualify for Medicaid but not enough to purchase their insurance on the private market.

“What it means is that women — by and large low-income but working women in Virginia — won’t have access to abortion,” Stewart-Reid said.

Abortion access is, of course, an incredibly important class issue. Of all the women who have abortions in the United States, 42 percent fall below the federal poverty line — partly because low-income women often still struggle to access affordable and reliable contraception. And when women are denied the opportunity to have a legal abortion, that greatly increases their risk of falling into poverty.

And the restrictions that state lawmakers pile on top of women seeking to have an abortion often hit low-income women the hardest. For example, 24-hour waiting periods — which force women to make multiple trips to a clinic — ultimately mean women are paying the costs for the additional transportation, the additional childcare, and the additional lost income during the time off of work. On top of the hundreds of dollars that an abortion procedure can cost out-of-pocket, that quickly adds up to be too much for poor women who are already struggling to pay the bills.

Virginia lawmakers were correct to identify the class dynamics exacerbated by unnecessary restrictions on abortion coverage. Unfortunately for the women in the state, however, their anti-abortion governor is expected to sign the legislation into law.

Justice

Ken Cuccinelli’s Legal Appeal And How He Helped Undermine Virginia’s Protections Against Adult Sex With Minors

Virginia Attorney General Ken Cuccinelli (R)

Virginia Attorney General Ken Cuccinelli (R)

Virginia Attorney General Ken Cuccinelli II (R) filed an appeal last week after a federal appeals court struck down Virginia’s sodomy law as unconstitutional. Virginia prosecutors had charged a 47-year-old man with soliciting oral sex from a 17-year-old girl — a felony under the disputed law. But whether or not Cuccinelli’s appeal succeeds, his vote to ignore a U.S. Supreme Court ruling when he was a state Senator in 2004 helped create the uncertainty over the provisions.

In 2003, the U.S. Supreme Court’s Lawrence v. Texas ruling held that states may not ban private non-commercial sex between consenting adults. Virginia’s Crimes Against Nature statute, which made oral sex (even between consenting married couples) a felony, was clearly the sort of legislation the Court was referencing.

A year later, a bipartisan group in the Virginia Senate backed a bill that would have fixed the state’s Crimes Against Nature law to comply with Lawrence — eliminating provisions dealing with consenting adults in private and leaving in place provisions relating to prostitution, public sex, and those other than consenting adults. Cuccinelli opposed the bill in committee and helped kill it on the Senate floor. In 2009, he told a newspaper that he supported restrictions on the sexual behavior of consenting adults: “My view is that homosexual acts, not homosexuality, but homosexual acts are wrong. They’re intrinsically wrong. And I think in a natural law based country it’s appropriate to have policies that reflect that. … They don’t comport with natural law.” As a result, the law’s text remains unchanged a decade after the Supreme Court’s ruling.

While the state could have brought misdemeanor charges under other statutory rape laws, the prosecution instead utilized the felony provisions of the Crimes Against Nature law. Because its provisions were never updated to comply with the constitutional privacy protections, the appeals court ruling determined that the law itself is unconstitutional. Even if Cuccinelli wins, the cost in time and money to Virginia will be huge — and could have been entirely avoided had he and the Republican majority in the Virginia General Assembly not been so determined to ignore the Supreme Court.

Health

Thousands Speak Out Against Virginia’s New Abortion Clinic Restrictions

Virginia is set to implement controversial new abortion clinic restrictions that could force many of the facilities in the state to shut down — a popular anti-choice tactic that indirectly undermines women’s access to reproductive care by targeting abortion providers. After Gov. Bob McDonnell (R-VA) quietly approved the new regulations on the Friday between the Christmas and New Year’s holidays, the state’s Board of Health will have the power to decide whether or not to adopt them on April 12.

Before then, however, thousands of Virginia residents are raising their voices in protest. Spearheaded by ProgressVA and Planned Parenthood Advocates of Virginia, women’s health advocates delivered over 3,000 public comments opposing the new abortion restrictions to the Board of Health on Thursday. The public comment period ends on Friday, and opponents of the new policy hope they can make an impact by expressing the same message with each of the thousands of comments: “Put women’s health above politics. Don’t let red tape trap women.”

The reference to “trapping women” is a nod to the fact that women’s health advocates refer to these types of restrictions as TRAP laws, or the Targeted Regulation of Abortion Providers. Targeting abortion clinics and providers, rather than pushing for outright bans on the abortion procedure itself, allows the anti-choice community to avoid inciting as much public outrage — which helps their efforts fly mostly under the radar.

At Thursday’s event, ProgressVA’s executive director, Anna Scholl, urged the state’s board to put women’s health before politics. “These regulations should be based on evidence-based medicine, not political agendas,” Scholl pointed out.

In fact, even though health boards are intended to operate as nonpartisan medical bodies, Virginia’s proposed TRAP laws have sparked an intensely politicized battle in the state. Reports have emerged that State Attorney General Ken Cuccinelli (R) essentially threatened Virginia’s Board into approving the new restrictions by warning members they could be denied state-funded legal services if they voted against them. And last fall, Virginia health commissioner Dr. Karen Remley resigned from her position in protest over the proposed TRAP laws, citing her disapproval of the unnecessary abortion clinic restrictions as the primary reason she could no longer lead the Board “in good faith.”

If the Board of Health approves the final rules next month, they will likely take effect this summer. Many of Virginia’s 20 abortion clinics will likely be forced to close their doors when they are unable to adhere to the costly, complicated new rules.

Update

Protesters delivered the 3,600 comments in this giant box, wrapped in red tape (photo courtesy of ProgressVA):

Health

Virginia’s Ken Cuccinelli Thinks Women Will Back Him Because He Has Empathy For Mentally Ill

Virginia Attorney General Ken Cuccinelli II (R)Virginia Attorney General Ken Cuccinelli II (R), the Republican nominee-apparent for governor this year, was asked by U.S. News how he planned to appeal to female voters. Rather than face up to his record of opposition to women’s reproductive rights, Cuccinelli told the publication that he thought women would vote for him because he’d worked to help the mentally ill:

US NEWS: [Can the GOP appeal] to women?

CUCCINELLI: I’m a person who appeals to women with a variety of issues that they just happen to care more about that I also happen to care about. I’ve worked to improve mental health and worked to help the mentally ill for over a decade and a half, including when I was in the legislature. Women’s issues aren’t just abortion. Women’s issues are everything women care about. And I have an awful lot of issues that I appeal to women on, just as a natural course.

While his empathy for mentally ill citizens is admirable, his record doesn’t hold up. Cuccinelli spent much of his tenure as Attorney General fighting against the Affordable Care Act — a plan that expanded mental health parity — even though the American Psychiatric Association called the landmark health care law “good for patients.”

He has also attacked Medicare as “despicable” and an attack on American freedom — despite the fact that the program provides mental health coverage for millions of America’s seniors.

(ht: Blue Virginia)

Health

Virginia Republican: It Can Be Better To Be Uninsured Than On Medicaid

Lt. Governor candidate Pete Snyder (R-VA)

Lt. Governor candidate Pete Snyder (R-VA)

Wealthy investor and Republican candidate for Virginia Lt. Governor Pete Snyder released a new campaign ad Wednesday criticizing bipartisan efforts to expand Medicaid under Obamacare. In the ad he suggests that poor Virginians might actually be better off uninsured than covered by the Medicaid program.

Snyder cites a study by “Jim DeMint and the conservative Heritage Foundation” to claim the expansion would cost Virginia “more than $900 million over the next eight eight years alone” — a figure that even Gov. Bob McDonnell’s (R) administration disputes. He then warns:

It gets worse. Along with the unprecedented spending, President Obama’s “free money” will force more and more Virginians into Medicaid, a costly program that we all know desperately needs reform. Cause get this: In some cases it hurts the very people it’s meant to help. In fact, a University of Virginia study showed in some cases it’s actually better to be uninsured than to be on Medicaid.

The ad offers no citation for this claim, but attributes the text “increased risk of adjusted mortality” to the University in general.

Watch the video:

In a guest post on the conservative Virginia blog Bearing Drift, Snyder identifies the study in question: a 2010 report by UVA doctors and others. (Snyder also elevates the suspect $902 million price tag claim to “$902 billion,” in an apparent typo in that post.)

That study merely found that — by a difference within the margin of error — Medicaid patients had a fractionally higher in-hospital mortality rate after major surgery than uninsured Americans did between 2003 and 2007. Even with Snyder’s heavy caveats, this does not match his claim. Given that those without insurance during that period were often young and healthy people — and were, by definition, wealthier than those who qualified for Medicaid coverage — it is to be expected that the poorest Americans might have slightly worse medical outcomes.

Moreover, those on Medicaid get good medical care. It provides cost-efficient coverage for lower-income patients who “face elevated health risks” and offers a broad range of services, “including preventive care and special services needed by those with disabilities or other chronic conditions” — at levels “comparable to access provided under private health insurance and far better than access available to the uninsured.” In fact, a study by the Government Accountability Office showed Medicaid beneficiaries were just as happy with their health care as those with private insurance.

Snyder, who claims in the ad to be an “entrepreneur” and “not a career politician,” has been a longtime political operative, working as a Fox News contributor and as senior political director for Republican pollster Frank Luntz, a key leader in the Republican opposition strategy during the Obamacare debate.

Justice

How An Anti-Choice Group Is Trying To Buy Virginia’s Governor’s Mansion


Virginia’s gubernatorial election, is eight months away, but a leading anti-choice group is already spending big money to buy the governor’s mansion for Tea Party Attorney General Ken Cuccinelli (R-VA). Susan B. Anthony List — an anti-abortion group that launched a program early this year to teach Republican candidates how to talk about rape without using words like “legitimate” or “gift from God” — pledged at least $1.5 million to Cuccinelli’s campaign, an amount that approaches the entirety of its spending on federal races in 2012.

Cuccinelli has not been captured on film expressing the kind of career-ending gaffe about rape that kept candidates Todd Akin (R-MO) and Richard Mourdock (R-IN) out of the United States Senate last year, but his stance regarding the rights of women who are raped is more or less identical to Akin and Mourdock’s. In his first campaign for elected office, Cuccinelli said that he “opposes abortions that are not for the purpose of saving the mother’s life.” So women who are pregnant because of rape or incest are out of luck.

Rape survivors aren’t the only people who face a bleak future in Ken Cuccinelli’s vision for America. In a book he published last month, he endorsed the view that Medicare is “despicable, dishonest, and worthy of condemnation.” He claimed that Social Security, Medicaid and Food Stamps are attacks on people’s freedom. And he suggested that we should stop spending money on these programs because “[y]our government will never love you.”

LGBT

Spa Company Refuses To Serve LGBT People Because Of Their ‘Abnormal Sexual Behaviors’

A Virginia-based Korean spa facility is in hot water after a letter was made public in which it said that LGBT people are not permitted in its establishment because they have “abnormal sexual behaviors and orientation” and are a threat to children.

The Better Business Bureau opened up an investigation into the company, Spa World, after an LGBT customer complained that she was asked to leave the establishment because of her gender identity or sexual orientation. Spa World has nude single-gender bathing pools, and Riya Suisin recounts, “They told me that I was not welcome there and to leave because I looked a little different.”

A representative for the company responded to the Better Business Bureau investigation in a letter that demonstrated staggering homophobia and anti-trans sentiments:

The Better Business Bureau opened an investigation, and on Jan. 28, Spa World representative Sang Lee responded to the BBB in writing by stating “It is our policy to not accept any kinds of abnormal sexual oriented customers to our facility such as homosexuals, or transgender(s).”

The Spa World written reply goes on to say that the spa stands by this policy for the sake of young children who utilize the facility. “Also, for the safety and the comfort of young children at Spa World, we strongly forbid any abnormal sexual behaviors and orientation in our facility. Despite the controversial issue of homosexuality and transgender, it is our policy to not accept them,” Lee wrote. Lee did not return calls seeking further comment.

When she received it, Suising said she could not believe the response.

Suising won’t see any retribution for the hateful language Spa World uses to refer to LGBT people, though: Unfortunately, Virginia has no anti-discrimination protections for LGBT people. The county in which Spa World is located, Fairfax, actually wants to pass a non-discrimination ordinance, but is not allowed to under the state’s “Dillon Rule,” which prevents localities from acting without permission from the state government. Virginia legislators have proposed changing the rule, but have not been able to do so.

Update

Spa World has issued a clarification about the company’s policy on LGBT customers, blaming earlier reports of discriminatory practices on a miscommunication. In an interview with Washington City Paper, Spa World manager James Lee also attempted to clairfy the incident involving Suising:

But according to James Lee, Sang Lee meant to write only that sexual activity, either gay or straight, is not allowed at Spa World. “The Korean-English barrier just made a small miscommunication,” James Lee says.

Suising wasn’t engaged in sexual activity when Spa World employees asked her to leave. “There was a woman inside of the woman’s sauna, and we had many complaints about that particular person, stating there was a man inside of the woman’s locker room,” James Lee. Although a transgender woman using Spa World’s nude areas doesn’t violate the bathhouse’s policy as Lee describes it, “It caught us all off-guard,” he says.

According to Lee, Spa World’s policy is to allow customers of any sexual orientation or gender identity. As for any future complaints regarding transgender customers, Lee says they won’t be asked to leave again.

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