Monday, November 16, 2015

227.2 - Clown Award: Rep. Louie Gohmert

Clown Award: Rep. Louie Gohmert

Now for one of our regular features, the Clown Award, given for meritorious stupidity.

Again this week we have a repeat amuser or if you prefer offender. In this case, it is the man who has got to be the stupidest person in Congress, Texas - where else - Congressman Louie Gohmert, the man who puts the Gomer in Gohmert.

He recently gave a speech to students at Liberty University, an ostensibly Christian school founded by Jerry Falwell in Lynchburg, Virginia. In the course of this, he continued his increasingly-lonely crusade against same-sex marriage, which he once compared to bestiality.

He cited the Bible - of course - but then took what he called a "totally secular approach" which should convince even those who don't believe in God that homosexuality is "unnatural." He proposed an "experiment" because, he said, "Congress is good about having studies."
How about if we take four heterosexual couples and put them on an island where they have everything they need to live and exist, and we take four couples of just men and put them on an island where they have all they need to survive, and then let's take four couples of just women and put them on an island. And then lets come back in 100 years and see which one nature favors.
Rep. Louie "Gomer" Gohmert
I would spend a minute explaining why this isn't even a valid experiment (Hint: the conditions on the islands have more than one variable), but that would mean taking seriously for even that time a man who has claimed that opponents same-sex marriage face the same level of persecution as Jews in Nazi Germany, put forth a "Terror Babies" idea where terrorists are coming to the US to have their children born here so they will be citizens who can be raised to commit acts of terror decades later, and supported a pipeline through Alaska because if that flow of warm oil through the pipeline ever stopped, it would be harmful to the sex lives of caribou.

Instead, I'll note that in quoting the Bible on marriage, he mentioned that Jesus said "what God has joined together let no one separate." Now when someone can show me all the times Gohmert condemned and railed against all his conservative colleagues who have had affairs, gotten divorced, or both on the grounds that they were defying God's law, then it might be possible, just possible, to see his drooling antipathy to same-sex marriage as an outgrowth of his extremist fundamentalist convictions rather then out of plain old bigoty against homosexuals, with the Bible the excuse, not the reason.

I do not expect that to happen. Which is why Louie "the Gomer" Gohmert, the stupidest person in Congress, will always remain a clown.

Sources cited in links:

http://www.cnsnews.com/blog/michael-w-chapman/rep-gohmert-put-gays-one-island-straights-another-island-well-see-which-one
http://www.huffingtonpost.com/2013/04/04/liberty-university-guns-on-campus_n_3017005.html
http://www.politico.com/story/2013/04/louie-gohmert-gay-marriage-comments-089582
http://www.sacurrent.com/Blogs/archives/2015/11/06/bonehead-quote-of-the-week-louie-gohmert-and-the-great-desert-island-experiment

Sunday, November 15, 2015

227.1 - Good News: Keystone XL pipeline rejected

Good News: Keystone XL pipeline rejected

Okay, as I always try to do, let's have some Good News at the top.

Last week, I said that indications were that the Obama administration was going to reject permits for the Keystone XL pipeline, the one intended to carry tar sands from Alberta, Canada, to refineries in Texas.

The day after I did the show, that is exactly what happened. The state Department, involved here because the project crossed an international boundary, refused to allow TransCanada, the corporation behind the pipeline, permission to proceed.

The department's press release gave five reasons for the rejection, among them a negligible impact on our energy security; a marginal contribution to the economy;concerns about local communities, water supplies, and cultural heritage sites; and the nature of what would be transported.

Secretary of State John Kerry, in whose name the release was issued, declared in it:
The critical factor in my determination was this: moving forward with this project would significantly undermine our ability to continue leading the world in combatting climate change.
Now, it's questionable if the US is "leading the world" in combatting climate change when its own promises to cut greenhouse gas emissions fall short of those of a number of other nations, but still, to hear that the potential impact on climate change was "the critical factor" in rejecting the project is welcome.

This, as always seems to be true, is not the end of the bigger issue. Canada is already shipping about 3M barrels of some sort of oil a day to the United States through 31 existing pipelines - and about half of that is heavy bitumen - tar sands - from Alberta. But without the Keystone XL pipeline to make it more price competitive, more of those tar sands are likely to stay in the ground - and in terms of global warming, that, not the pipeline itself, was the issue.

Another thing is that as I noted last week, the project may not be totally dead. TransCanada is said to be "exploring its options," including starting all over again with a new and hopefully for them friendlier administration in January 2017, pushing Congress to overturn the decision, or even filing suit under NAFTA, which would involve asking a business-oriented tribunal under the treaty to demand the US approve the pipeline or compensate TransCanada for lost potential profits.

However, newly-elected Canadian Prime Minister Justin Trudeau is unlikely to back a NAFTA challenge, the US has never lost a challenge under NAFTA, and the legislative route has already been tried and failed.

So trying again, starting from scratch, under a new administration is the only realistic option. But even with a favorably-disposed White House, the project would still face extensive and hardened local opposition all along the route. So pursuing it may well appear to the company to be throwing good money after bad. Ultimately, to me, TransCanada seems more likely to lick its wounds, write off its investment to date, and look elsewhere.

So while I don't feel I can be as definite as Michael Brune, executive director of the Sierra Club, was in describing the pipeline as "dead" and "won't happen," I do think we can be pretty damned confident that this is the end of the line for the Keystone XL pipeline and a victory for people power and the environment. And that is Good News.

Sources cited in links:
http://www.state.gov/secretary/remarks/2015/11/249249.htm
http://climateobserver.org/open-and-shut/indc/
http://www.economist.com/news/americas/21678157-barack-obamas-rejection-oil-pipeline-blessing-and-curse-new-prime
http://thehill.com/policy/energy-environment/259611-keystone-xl-not-dead-yet

Left Side of the Aisle #227




Left Side of the Aisle
for the week of November 12 - 18, 2015

This week:

Good News: Keystone XL pipeline rejected
http://www.state.gov/secretary/remarks/2015/11/249249.htm
http://climateobserver.org/open-and-shut/indc/
http://www.economist.com/news/americas/21678157-barack-obamas-rejection-oil-pipeline-blessing-and-curse-new-prime
http://thehill.com/policy/energy-environment/259611-keystone-xl-not-dead-yet

Clown Award: Rep. Louie Gohmert
http://www.cnsnews.com/blog/michael-w-chapman/rep-gohmert-put-gays-one-island-straights-another-island-well-see-which-one
http://www.huffingtonpost.com/2013/04/04/liberty-university-guns-on-campus_n_3017005.html
http://www.politico.com/story/2013/04/louie-gohmert-gay-marriage-comments-089582
http://www.sacurrent.com/Blogs/archives/2015/11/06/bonehead-quote-of-the-week-louie-gohmert-and-the-great-desert-island-experiment

Outrage of the Week: SCOTUS makes it almost impossible to sue killer cops
http://www.huffingtonpost.com/evan-bernick/hollowing-out-civil-right_b_8517138.html
http://www.latimes.com/nation/la-na-supreme-court-police-shootings-20151109-story.html
http://www.supremecourt.gov/opinions/15pdf/14-1143_f20h.pdf

Hero Award: 11-year-old Will Smith
http://www.nydailynews.com/new-york/exclusive-sale-daniel-murphy-bat-nixed-historic-hr-article-1.2410947
http://www.foxbusiness.com/industries/2015/10/28/11-year-old-mets-fan-duped-by-topps-gives-refund-to-jackie-robinson-foundation/
https://en.wikipedia.org/wiki/Daniel_Murphy_%28baseball%29
http://www.nydailynews.com/sports/baseball/mets/billy-bean-mlb-inclusion-ambassador-visits-mets-article-1.2135840
http://www.nydailynews.com/sports/baseball/mets/young-mets-fan-signed-daniel-murphy-bat-article-1.2411779
http://www.history.com/topics/black-history/jackie-robinson
http://www.jackierobinson.org/

Heroics: Soldiers are not heroes
http://www.military.com/daily-news/2015/11/11/veterans-group-wants-return-of-armistice-day.html
http://whoviating.blogspot.com/2008/06/heroics.html
http://crooksandliars.com/2008/06/10/sen-webb-on-the-daily-show-john-mccain-voted-against-a-first-class-future-for-our-veterans
https://en.wikipedia.org/wiki/Chickenhawk_%28politics%29
https://www.youtube.com/watch?v=6vI7r6Rjp-g
https://www.youtube.com/watch?v=Ngl33ucB7oE&feature=related
https://www.youtube.com/watch?v=wgNInWQI-qU&feature=related
https://www.youtube.com/watch?v=5rXPrfnU3G0
http://whoviating.blogspot.com/2008/02/untucked.html

Tuesday, November 10, 2015

226.7 - Move to investigate Exxon goes mainstream

Move to investigate Exxon goes mainstream

One last thing about global warming: There have been increasing calls for an investigation of ExxonMobil for violations of RICO, the Racketeer Influenced and Corrupt Organizations Act, which makes it illegal to engage in fraud for financial gain. There is a precedent, pointed out by Senator Sheldon Whitehouse when he jump-started the idea in a floor speech and op-ed in May, in that tobacco companies were prosecuted under RICO for their long campaign to hide and deny what they knew were the dangers of smoking.

The connection is that investigations by the Union of Concerned Scientists, the Los Angeles Times, and Inside Climate News have shown that according to its own internal documents, as long ago as the late 1970s ExxonMobil's researchers knew both of the dangers of global warming and that use of the corporation's main product - oil - was a prime cause.

Hillary Clinton
By 1981, ExxonMobil was factoring climate change into its decisions - even as it buried and concealed its own findings, publicly denying that climate change is a problem while privately bankrolling the nanny-nanny naysayers.

And now that past might, just might, be catching up with it - although I have no confidence that a massive corporation like ExxonMobil could be brought to justice or, bluntly, that Barack Obama has much interest in trying.

Still, the calls for an investigation have been growing - and reached a sort of milestone on October 29, when Hillary Clinton said the Justice Department should investigate because "There’s a lot of evidence that they misled people."

Why is that important? Because if Hillary Clinton can endorse the idea, that is a real sign that this has gone mainstream. This is about as centrist as it gets. And even if Exxon can't face justice, the fact that its lies - and the fact that it lied - are going mainstream can only help those fleeting hopes for an environmentally-safe future.

Sources cited in links:
http://www.thenation.com/article/even-hillary-clinton-thinks-its-time-to-investigate-exxon/
http://graphics.latimes.com/exxon-arctic/
http://insideclimatenews.org/news/18092015/exxon-confirmed-global-warming-consensus-in-1982-with-in-house-climate-models

226.6 - Outrage of the Week: Promises on global warming fall short of minimum needed

Outrage of the Week: Promises on global warming fall short of minimum needed

But speaking of global warming - and I note again, as I will from time to time, that despite what some of the nanny-nanny naysayers try to claim, the terms global warming and climate change are synonyms, they refer to the same causes and the same effects and they mean exactly the same thing - speaking of global warming, it is becoming hard to not feel discouraged. Not that it's impossible to avoid the catastrophic effect of climate change, not that it's impossible to prevent them, but that it feels impossible to imagine that we will actually do it even as we tell ourselves we're working as hard as we can. And in that conflict between between what is being done and what needs to be done lies the Outrage of the Week.

Consider this: The UN just issued a report on an analysis of the Intended Nationally Determined Contributions, or INDCs, of 146 countries. The INDC's represent the pledges each country has made to reduce its output of greenhouse gases. The press release for the report starts off with happy talk:
An unprecedented world-wide effort is underway to combat climate change, building confidence that nations can cost effectively meet their stated objective of keeping a global temperature rise to under 2 degrees C.
An increase of two degrees Celsius (about 3.6 degrees Fahrenheit) is the level generally agreed to be the upper limit if we're to avoid the worst effects of climate change, remembering always that lower increases will still cause problems, are already causing problems - but if we can keep the increase below 2 degrees C., we should be able to manage.

It's not until the ninth graph of this press release that you read that the actual prediction for temperature increases by 2100 based on the analysis of the INDCs is 2.7 degrees Celsius - a third higher than the upper safe limit. What's more, you also read that the INDCs "have the capability of limiting the forecast temperature rise to around 2.7 degrees Celsius by 2100."

What does that mean? It means that the overwhelming majority of the pledges to cut greenhouse gas emissions end by 2030. If you assume all of those same countries commit in the future to keep reducing emissions after 2030 at the rate they did before 2030, you can limit warming to 2.7 degrees Celsius by 2100. If they don't, warming easily could reach 3.5 degrees Celsius by 2100, which is disaster territory.

This comes at a time when a new study of high-resolution climate models says that without significant action, by the end of the century some areas of the Persian Gulf could experience something unknown since the start of civilization: temperatures that are literally too hot for human habitability, temperatures and humidities so high that even the healthiest people literally could not survive outdoors for more than a few hours, even in shaded, well-ventilated areas.

And still the nations of the world - more particularly, the industrialized nations of the world, the rich nations of the world - hem and haw and stumble and make non-binding promises of some future actions, while the temperatures continue to edge up and 2015 is on track to be the hottest year on record - beating the old record set way back in 2014.

It's not that we can't do it - just about a month ago I described new studies that showed how the US and the entire world could go to fully renewable-energy-based economies by 2050. We have the technology, we have the resources, we even have the money. What we don't have is the will to challenge entrenched corporate interests and the interest in inconveniencing ourselves.

And it is our children and especially our grandchildren who will pay the price for our hubris, our greed,  our laziness, and our indifference. And that is an outrage.

Sources cited in links:
http://newsroom.unfccc.int/unfccc-newsroom/indc-synthesis-report-press-release/
http://thinkprogress.org/climate/2015/11/03/3718146/misleading-un-report-confuses-media-paris-climate-talks/
http://news.mit.edu/2015/study-persian-gulf-deadly-heat-1026
https://www.bostonglobe.com/news/nation/2015/10/26/report-says-climate-change-could-push-persian-gulf-temperatures-lethal-extremes/8RvxLlDbgnl0co4PSywagP/story.html
http://www.boston.com/news/weather/2015/10/22/will-probably-the-hottest-year-ever-recorded/fSdg7KHBbenvlcOdhP8FcP/story.html

226.5 - Clown Award: Sen. James Inhofe

Clown Award: Sen. James Inhofe

Okay, let's take a moment out to laugh at some inanity. It's the Clown Award, given as always for meritorious stupidity.

The winner of Big Red Nose this week is a repeat amuser or offender, as you will, which means this week he gets not only the Big Red Nose but the size 20 floppy shoes.

He is the man with the world's most perfect middle name because he clearly has rocks in his head, Sen. James Mountain and yes that is his real middle name, James Mountain Inhofe.

You may know him by his other name, Senator Snowball, which he earned after standing on the Senate floor in February with a snowball and tossing it to the presiding officer while claiming the fact that it snowed in DC in winter was some kind of proof that global warming, that climate change, is, as he has maintained, a hoax.

Well, Senator RocksInHisHead is planning on hitting the road. Unfortunately, he's also planning on coming back. But he is planning on crashing the international climate conference in Paris in December, where some 190 nations are going to try to put some actual meat on the bare bones of past agreements on preventing catastrophic climate change.

Sen. James RocksInHisHead Inhofe
He says he wants to be "the one-man truth squad, and tell the truth, that they’re going to be lied to by the Obama administration." The "lie" being that that the US is going to actually do anything to cut its greenhouse gas emissions and the reason it's a lie is that he and the rest of the troglodytes in Congress will keep anything from being done. And while they can't stop executive orders, those can be overturned by the next president, who of course -Preach it, brother! - will be a GOPper.

This is not the first time he's made this pilgrimage to be a beacon of truth; he showed up uninvited at the Copenhagen climate summit in 2009, where after stalking nearly-empty halls for a time - he got there hours before the days events were to start - his staff rounded up a couple of reporters to hear him declaim that the "hoax" of global climate change was based in the UN and the "Hollywood elite," leading one reporter to ask if he meant Arnold Schwarzenegger, a Republican who was at the time governor of California, and another reporter, from the German daily Der Spiegel, to say "You're ridiculous."

He then turned around and headed home, without a single meeting with a delegate, even the US one, yet apparently convinced he had succeeded in his mission of bringing to the conference the "truth" of guaranteed US inaction.

It's really doubtful he'll fare any better this time.

Which means, from another point of view, that he will succeed wildly, just as he did last time - succeed wildly that is, at being James RocksInHisHead Inhofe - clown.

Sources cited in links:
http://time.com/3725994/inhofe-snowball-climate/
http://www.care2.com/causes/snowball-throwing-climate-denying-senator-may-crash-paris-climate-talks.html
http://www.politico.com/story/2009/12/inhofe-gets-cool-reception-in-denmark-030769

Monday, November 09, 2015

226.4 - Boots on the ground in Syria

Boots on the ground in Syria

I said it last week. I said that, quoting myself,
The Obama administration, the Amazing Mr. O, our Nobel-Peace-Prize winning Prez, is considering a direct combat role, boots on the ground, for US forces in Iraq and Syria.
I reported that, quoting again, his
most senior national security advisers have recommended measures that would move US troops closer to the front lines in Iraq and Syria, including positioning some number of Special Operations forces on the ground in Syria.
Well, just two days after I did that show, last Friday, it came true: The US, lead by our peacenik in residence, is going to deploy Special Operations forces into Kurdish-controlled areas in northern Syria. Supposedly to "coordinate" but perhaps also to protect the Kurds from more attacks by our supposed ally Turkey, which has pledged to take a more active role in battling ISIS but has spent most of that time bombing the Kurds because it's afraid that if the Kurds get a foothold in northern Syria it may lead to increased demands for autonomy or even independence among Kurds in Turkey.

But the point I wanted to focus on here is the obvious one: These special forces are going into Syria. Boots on the ground. In Syria. Where they were never going to be.

This is so blatant a move that even the New York Times was obliged to call it "a huge shift" in policy.

The White House continued with its bold faced lying about what is going on, insisting it's just a small number of troops while at the same time insisting they will be "an important force multiplier" that will have "a real impact" but without having "a combat mission." And if you can follow the logic of that, you can be a White House representative. Actually you don't have to follow it, you just have to be able to say it with a straight face.

Again, even the New York Times was moved to pointedly note that
the definition of combat has changed several times since the United States began airstrikes against the Islamic State in August 2014.
In fact, the paper notes, "Special Operations forces have conducted several secret missions on the ground" including raids into Syria.

That is, Obama and his minions have been lying to us about fighting on the ground, they are lying to us about fighting on the ground, and they will continue to lie to us about fighting on the ground for as long as they can get away with it, which is likely to be until some sufficiently large numbers of Americans are killed that they can't be brushed away as accidents or isolated tragedies or the results of individual acts of heroism.

Even so, the lies are fraying because they are becoming so obvious. Recently, White House press secretary Josh Earnest, saying something only a presidential press secretary could say with any facade of dignity because they actually have none, asserted that sending Special Forces into Syria  does not represent any change in strategy and, swallowing whatever self-respect he had left, said that troops in Syria don't have a combat mission, but they could be in combat situations. Which strikes me like a burglar saying "I don't have a breaking-and-entering mission, but I could find myself in a breaking-and-entering situation."

But in one sense, the strategy does remain the same. Not the military strategy, but the domestic political strategy of heading off any opposition that can't be brushed off as the product of right-wing rejection of anything Obama does, heading off opposition by making the US role in the carnage as invisible, as seemingly sanitary, as, most importantly, painless for us as possible. The pain suffered by others? Well, they, after all, are "others."

There was some bitter humor to be found in all this. A "senior defense official" quoted by CNN said that Obama has approved a current cap of less than 50 troops in Syria - but more could be sent. So there is a cap. Unless there isn't. Which shouldn't be a surprise, considering this president has blown through his own declared limits on US forces in Iraq, the time frame for withdrawal from Afghanistan, and now the promise of no "boots on the ground" in Syria. It seems the only "cap" around here is the one on Donald Trumps' pointed head.

Sources cited in links:
http://www.nytimes.com/2015/10/31/world/obama-will-send-forces-to-syria-to-help-fight-the-islamic-state.html?_r=0
http://www.nytimes.com/2015/11/01/world/middleeast/isis-is-target-of-turkish-bombing-raids.html?_r=0
http://www.cnn.com/2015/10/30/politics/syria-troops-special-operations-forces/index.html?eref=rss_politics
http://www.mcclatchydc.com/news/politics-government/white-house/article39271314.html

226.3 - Update: Dismissal of discrimination suit and loss for HERO in Houston show continuing need for federal protection

Update: Dismissal of discrimination suit and loss for HERO in Houston show continuing need for federal protection

If we want flat-out bad news on LGBTQ rights, we have to come home, where a recent case shows both the persistence of anti-LGBTQ prejudice and the need for federal level protection.

In Missouri, a gay man named James Pittman who was harassed by his boss and then fired over questions about his sexuality has lost his discrimination suit because, the state supreme court found, Missouri's Human Rights Act does not cover sexual orientation and would not accept Pittman's argument that discrimination based on sexual orientation is sex discrimination. In other words, in short, in Missouri it is entirely legal to discriminate against homosexuals.

Missouri is hardly alone: Only 17 states and Washington, DC have laws prohibiting discrimination on the basis of sexual orientation and gender identity in employment, housing, and public accommodations; five more have some limited protections.

Which means 28 states have no explicit statewide protections for sexual orientation and gender identity. You can be harassed, fired, denied housing, denied public accommodations, with impunity.

The federal Equal Employment Opportunity Commission, the EEOC, has found that both sexual orientation and gender identity are covered under existing federal protections in the Civil Rights Act, but those were administrative law judgments and so not legally binding on courts. Including those of Missouri.

Worse news, in the sense of sadder news, comes out of Houston, the nations' fourth largest city, where a campaign of bigotry and lies has been successful in defeating a proposed city equal rights ordinance that would have extended legal protection against discrimination to 15 protected classes, including LGBTQ people.

The city adopted the ordinance in May 2014, but it was held up when the reactionaries and bigots mounted a legal challenge which was upheld by the equally right-wing Texas supreme court, which ruled that for some hard-to-decipher reason, the city could not pass such a law but had to put it to a referendum.

When the campaign for that referendum came, the bigots quickly latched on to the possibility that it would allow a transgender male - that is, someone declared male at birth but who identifies as, thinks of themself as, female - to use the woman's restroom. It was labeled "the bathroom bill" and the haters focused all their attention on delusional but useful images of male sexual predators going into women's bathrooms to molest girls, focused attention to the point where a good number of people thought the ability of men to use women's bathrooms was the only thing the referendum was about.

(A quick sidebar which I think is revealing of the reactionary mindset involved here is that no one seemed disturbed by the idea of a transgender woman using the men's room.)

Supporters of the ordinance, as is all too often the case, proved incompetent at dealing with that kind of limbic system appeal, instead trying to run an upbeat campaign emphasizing the protections it offered and the fact that it was similar to those approved in 200 other cities. There was no way that, to use a slogan from a couple of years back, "reality-based" campaign was going to counter ads and posters shouting “No Men in Women’s Bathrooms.”

I said it when the Supreme Court declared bans on same-sex marriage to be unconstitutional: The battle is not over. And when these sort of fights come up again, as they surely will, we've got to stop playing nice with the bigots.

Sources cited in links:
http://www.care2.com/causes/a-missouri-court-ruling-proves-why-we-need-a-federal-lgbt-rights-bill.html
http://www.nytimes.com/aponline/2015/10/25/us/ap-us-gay-rights-next-battleground-states.html?_r=2
http://www.nytimes.com/2015/11/04/us/houston-voters-repeal-anti-bias-measure.html
https://www.washingtonpost.com/national/houston-equal-rights-measure-in-hands-of-voters/2015/11/03/fc0b39ae-829c-11e5-8bd2-680fff868306_story.html
http://www.buzzfeed.com/dominicholden/why-is-the-lgbt-movement-struggling-to-uphold-a-simple-law-i#.vvbL6X3BA
http://biology.about.com/od/anatomy/a/aa042205a.htm

226.2 - Update: Same-sex marriage, LGBTQ rights advance in Chile, retreat in Italy

Update: Same-sex marriage, LGBTQ rights advance in Chile, retreat in Italy

Next up, some updates on the issue of same-sex marriage and, more generally, LGBTQ rights. This time with a bit of an international flavor.

On the Good News side, as of October 22, the nation of Chile recognizes civil unions for both same-sex and opposite-sex couples. The bill, the product of four years' work, was signed into law on April 13 and went into effect six months later. These civil unions offer some of the rights of marriage, including being able to make health care decisions on behalf of their same-sex partner and to receive pension and survivor benefits. Same sex couples legally married outside Chile will be granted civil union status.

These are civil unions, not full marriages, but there are signs Chile may be moving in that direction: Back in January one of the two houses of the Chilean legislature actually passed a bill recognizing same-sex marriage - but the other one rejected it, leading to the civil union compromise.

South America is making some strides on this. Yes, I know the map is in Spanish; you can figure it out, including that the bar graph shows support for same-sex marriage in different countries. What's easy to see is that Chile is now one of six South American nations, representing more than 80% of the population of the continent, with some form of recognition for same-sex couples: Two have full same-sex marriage rights, while four have civil unions. And in one of those, Brazil, same-sex marriage has been approved, but the matter is on appeal, so for now it's just civil unions.

So there is progress and good news there.

Under the heading Not Good News, however, is the fact that about a week ago, Italy’s highest administrative court issued a verdict that in practical fact nullifies over 100 same-sex marriages that had been recognized there. That is, over 100 couples who had been married are suddenly unmarried.

The recognition of those marriages had resulted from some local Italian officials, including the mayor of Rome, having grown tired of the national government's intransigence on the issue. So they recorded same-sex marriages that had been performed legally outside Italy on civil registries, effectively recognizing those marriages. A lower court said that the marriages were valid unless challenged individually by the Italian government.

The new ruling, a victory for the anti-justice reactionaries, overturns that lower court decision, giving the central government the power to annul all those marriages in a single swoop, which it is sure to do since that's what it wanted to do all along. Italy thus remains the only mainland European nation to refuse to offer any sort of legal recognition to same-sex couples.

Interestingly, even here there is some thread of good news: This decision comes at a time when support for same-sex marriage is becoming a majority position in Italy: In a poll from a couple of months ago, 51 percent of voters said they would support same-sex marriage and two thirds, 67 percent, said they were in favor of civil unions.

Sources cited in links:
https://en.wikipedia.org/wiki/Recognition_of_same-sex_unions_in_Chile
http://www.huffingtonpost.com/2015/01/29/chile-same-sex-civil-unions-_n_6569912.html
https://en.wikipedia.org/wiki/Same-sex_marriage_in_Brazil
http://www.care2.com/causes/nullified-italy-just-wiped-out-what-little-gay-marriage-recognition-it-had.html
http://www.thelocal.it/20150527/tide-turning-in-italy-over-gay-marriage

226.1 - Good News: Keystone XL on life support

Good News: Keystone XL on life support

Updated Starting with some good news, but which may be good news for a different reason than you think.

It's about the Keystone XL pipeline. I've talked about this a number of times before; Keystone XL is the pipeline that would drag tar sands, which are about the dirtiest, most polluting, most climate-damaging way to get oil there is, across the US plains states to refineries in Texas. And just as a reminder of what we are talking about, that picture on the right is not a close-up of some oil streak, that is an aerial view of a tar sands field in Alberta, Canada.

The project has been held up by opposition from everyone from environmentalists to farmers and Native Americans along the proposed route and has been subjected to various reviews, including a major one by the State Department - which is involved because the project crosses and international boundary.

Well, on November 2, Trans-Canada, the outfit that wants to build the pipeline, asked the State Department to halt indefinitely its ongoing review of the project.

Now, initially, that might sound like good news, like when Shell decided to not drill for oil in the Arctic "for the foreseeable future." That is, like the company was in effect throwing in the towel.

And it is good news, but not for that reason. The company is not giving up, they are making a strategic move. Because, you see, the reason the company gave for asking for a delay is is to await a decision by regulators in Nebraska about a possible change to the pipeline's route in that state. But that decision isn't expected for seven months to a year, which would likely push a final decision to after the 2016 elections. All the GOPper presidential candidates say they are for the Keystone XL; all the Democrats say they are against it. (Hillary Clinton came to that place rather late in the game, but she got there and that's what counts right now.) In other words, Trans-Canada is trying to engage in a stall to put things off until - they hope - a GOPper is in the White House.

So why is that good news? Because it means the company calculates that the Obama White House is going to reject the plan.

I've said on a few occasions that I think that Obama is leaning toward rejecting the project - he has expressed skepticism about it - but is too worried about possibly "offending" right-wingers, particularly right-wing Democrats in the plains states where the pipeline would run. Apparently, Trans-Canada thinks the same thing about the Amazing Mr Os preferences.

There are reasons to think we both have it right. For important one, the White House responded by saying the request to withdraw the permit was "unusual" and that it intends to continue with the review with the idea that Obama would make a final decision before the end of his term.

All of which means that the Keystone XL pipeline is on life support. It's not dead - and even if it's rejected, Trans-Canada could still start the permitting application process all over again under whatever new administration takes office in January of 2017 - but even given all that, it is still on life support. And that truly is good news.

Updated with the news that the day after the show was done, the White House did reject the project, just as predicted. More next week.

Sources cited in links:

http://www.washingtontimes.com/news/2015/nov/2/keystone-xl-pipeline-project-doubt-after-builder-a/
http://www.newsweek.com/keystone-xl-pipeline-isnt-dead-yet-heres-what-you-need-know-about-what-comes-390383
http://www.wsj.com/articles/white-house-says-it-plans-to-complete-keystone-xl-review-despite-request-to-halt-1446591393

Left Side of the Aisle #226




Left Side of the Aisle
for the week of November 5-11,  2015

This week:

Good News: Keystone XL on life support
http://www.washingtontimes.com/news/2015/nov/2/keystone-xl-pipeline-project-doubt-after-builder-a/
http://www.newsweek.com/keystone-xl-pipeline-isnt-dead-yet-heres-what-you-need-know-about-what-comes-390383
http://www.wsj.com/articles/white-house-says-it-plans-to-complete-keystone-xl-review-despite-request-to-halt-1446591393

Update: Same-sex marriage, LGBTQ rights advance in Chile, retreat in Italy
https://en.wikipedia.org/wiki/Recognition_of_same-sex_unions_in_Chile
http://www.huffingtonpost.com/2015/01/29/chile-same-sex-civil-unions-_n_6569912.html
https://en.wikipedia.org/wiki/Same-sex_marriage_in_Brazil
http://www.care2.com/causes/nullified-italy-just-wiped-out-what-little-gay-marriage-recognition-it-had.html
http://www.thelocal.it/20150527/tide-turning-in-italy-over-gay-marriage

Update: Dismissal of discrimination suit and loss for HERO in Houston show continuing need for federal protection
http://www.care2.com/causes/a-missouri-court-ruling-proves-why-we-need-a-federal-lgbt-rights-bill.html
http://www.nytimes.com/aponline/2015/10/25/us/ap-us-gay-rights-next-battleground-states.html?_r=2
http://www.nytimes.com/2015/11/04/us/houston-voters-repeal-anti-bias-measure.html
https://www.washingtonpost.com/national/houston-equal-rights-measure-in-hands-of-voters/2015/11/03/fc0b39ae-829c-11e5-8bd2-680fff868306_story.html
http://www.buzzfeed.com/dominicholden/why-is-the-lgbt-movement-struggling-to-uphold-a-simple-law-i#.vvbL6X3BA
http://biology.about.com/od/anatomy/a/aa042205a.htm

Boots on the ground in Syria
http://www.nytimes.com/2015/10/31/world/obama-will-send-forces-to-syria-to-help-fight-the-islamic-state.html?_r=0
http://www.nytimes.com/2015/11/01/world/middleeast/isis-is-target-of-turkish-bombing-raids.html?_r=0
http://www.cnn.com/2015/10/30/politics/syria-troops-special-operations-forces/index.html?eref=rss_politics
http://www.mcclatchydc.com/news/politics-government/white-house/article39271314.html

Clown Award: Sen. James Inhofe
http://time.com/3725994/inhofe-snowball-climate/
http://www.care2.com/causes/snowball-throwing-climate-denying-senator-may-crash-paris-climate-talks.html
http://www.politico.com/story/2009/12/inhofe-gets-cool-reception-in-denmark-030769

Outrage of the Week: Promises on global warming fall short of minimum needed
http://newsroom.unfccc.int/unfccc-newsroom/indc-synthesis-report-press-release/
http://thinkprogress.org/climate/2015/11/03/3718146/misleading-un-report-confuses-media-paris-climate-talks/
http://news.mit.edu/2015/study-persian-gulf-deadly-heat-1026
https://www.bostonglobe.com/news/nation/2015/10/26/report-says-climate-change-could-push-persian-gulf-temperatures-lethal-extremes/8RvxLlDbgnl0co4PSywagP/story.html
http://www.boston.com/news/weather/2015/10/22/will-probably-the-hottest-year-ever-recorded/fSdg7KHBbenvlcOdhP8FcP/story.html

Move to investigate Exxon goes mainstream
http://www.thenation.com/article/even-hillary-clinton-thinks-its-time-to-investigate-exxon/
http://graphics.latimes.com/exxon-arctic/
http://insideclimatenews.org/news/18092015/exxon-confirmed-global-warming-consensus-in-1982-with-in-house-climate-models

Tuesday, November 03, 2015

225.8 - A better way to deal with ISIS

A better way to deal with ISIS

So after that, I expect I would be asked, I have been asked, what would I do instead?

The first thing is to realize that ISIS grew out of disaffected Sunnis in western Iraq who felt first abandoned and then betrayed by the Shiite-dominated government in Baghdad. Unless you bear that in mind, nothing will make sense.

So with that in mind, what's the better approach? First, realize that bombing ISIS only makes them look like victims in the eyes of too many of their potential supporters, particularly those Sunnis of western Iraq. So stop it.

Next, go after the money supply. Hit ISIS economically. ISIS has been largely self-funded so far, largely by just taking what it wants, but that can't continue and is already changing. Having oil means nothing if you can't see it.

The more ISIS tries to present itself as, tries to behave as, a caliphate, as an actual government, the more entangled it becomes in a broader economy and so the more vulnerable it becomes to economic pressure.

Third, crack down on the weapons supply, not only by cooperation with regional governments but by ending the flow of US arms to the region.

Fourth, and this is perhaps the most important point, address the political grievances of local populations, particularly the Sunnis. Tell Iraqi Prime Minister Haider al-Abadi that all future US assistance to Iraq in all forms is dependent on a true rapprochement with the Sunnis and mean it.

Finally, provide humanitarian assistance to all who need it, regardless of political affiliation.

That's how you deal with groups and movements like ISIS: Don't try to beat them into submission; that rarely works and when it does it's usually just temporary as long as the underlying causes, the driving forces, remain unchanged.

Instead, you try to simultaneously deny resources to the movement while striving to remove the causes of the violence and so let the movement wither and die for lack of reason to exist.

225.7 - Outrage of the Week: our expanding lovely little war in Iraq and Syria

Outrage of the Week: our expanding lovely little war in Iraq and Syria

Now for one of our regular features. It's the Outrage of the Week.

And this week, the outrage, as it should be every week, is our lovely little war in Iraq and Syria.

Defense Secretary Ashton Carter went before the Senate Armed Services Committee on October 27 to answer questions about the conduct and progress of our lovely little wars. He declared that the US is considering increasing its attacks on ISIS either by supporting our ever-shifting roll of "partners" carrying out such attacks or by "conducting such missions directly, whether by strikes from the air or direct action on the ground." "We won't hold back," he said.

Let's put that in regular English: The Obama administration, the Amazing Mr. O, our Nobel-Peace-Prize winning Prez, is considering a direct combat role, boots on the ground, for US forces in Iraq and Syria.

I warned you about this. I warned you about this back in June when Obama sent 450 more troops to Iraq to establish a new base in Anbar Province, a base that was considered a model to be replicated elsewhere in the country - more bases, more troops, more "advisers" and all this even though the 3100 US toops already in Iraq at that point were supposed to be a "ceiling" on their numbers. I warned you about Gen. Martin Dempsey, chair of the Joint Chiefs of Staff, saying the Pentagon "continue[s] to plan for and ensure that [the] option" of moving US troops to the front lines "is available."

I said at that time "Watch this space."

And that space is gradually being filled. Lay the groundwork. Suggest something is "under consideration." We're "considering" this; we're "analyzing" that; we're "thinking about" the other, all while denying you're actually doing it now. Get people so accustomed to the idea that you might do something that by the time you do it, it's an anti-climax.

And now it emerges that the Amazing Mr. O’s most senior national security advisers have recommended measures that would move US troops closer to the front lines in Iraq and Syria, including positioning some number of Special Operations forces on the ground in Syria. Oh we're not doing it, oh no. It's just a "recommendation."

And lie. Lie by commission, lie by omission, lie by playing with words. But lie.

"No combat role. Just advice and assistance." That's what we kept getting told, that's what we keep getting told. But we are in combat, we have been in combat. Leaving aside the fact that all the bombing raids, yes, they are combat, and just looking at the politically-touchier issue of ground combat, yes, US forces have been in combat. The death of Master Sgt. Joshua Wheeler in a raid on an ISIS prison brought that fact momentarily to the fore before it was buried under a chorus praising what a "hero" he was. But he was killed in a raid - what part of that is not combat?

Nope, not combat, lied Secretary of War Ashton Carter. Even while openly asserting "We'll do more raids," he weirdly claimed that this "doesn't represent assuming a combat role," apparently with a straight face. "It represents a continuation of our advise-and-assist mission."

Which is true only to the extent that all the other military raids, all the actions carried out by special forces, all the raids that preceded that one - including "several" into Syria since 2011 - and, by his own words, will follow that one, also were in no way combat. Just "advice."

But where this really gets offensive is when we hear things like that from CNN military analyst retired Lt. Gen. Mark Hertling, who said "When the people you are training go into combat, you want to go with them to show your support, that's part of the deal."

So the story is "we have no combat role, it's just training." Then when it turns out we are in combat, it's "well, you should have realized all along that training involves combat. Duh."

And all of this, all the lies, the misdirections, the secret wars, are all in pursuit of a foreign policy strategy that for all its supposed nuance and sophistication still embraces the fantasy that military force is the answer to everything - as well as in pursuit of a political strategy that has the overriding intent to avoid any real cost or pain to us that might provoke resistance or resentment or even some reflection on the wisdom of our course, with all the cost and pain to be borne by unseen, unheard, "others."

And as that strategy frays as the humanitarian catastrophe that is the Syrian civil war becomes so bad that those "others" can no longer be relegated to the state of unseen and unheard, the White House and the Pentagon cast about for the change, the shift, the tweak, that will bring the gains that all the other changes, shifts, and tweaks failed to do. But they know, they have to know, they can't not know, that the increase in American military commitment they are considering would not lead to any major changes to the political situations in Iraq and Syria that gave rise to ISIS in the first place.

For all of their "advice," all of their "assistance," all the advice they truly have to offer, all the assistance they truly can give, is more blood, more death, more pain, more suffering, more refugees, more destruction.

It is a political, an ethical, a moral outrage.

Sources cited in links:
http://www.cnn.com/2015/10/27/politics/iraq-syria-mideast-hearing/
http://whoviating.blogspot.com/2015/06/2087-our-lovely-little-war-new-us-base.html
http://whoviating.blogspot.com/2015/06/2076-obamas-lovely-little-war-grows.html
https://www.washingtonpost.com/world/national-security/obama-weighs-moving-us-troops-closer-to-front-lines-in-syria-iraq/2015/10/26/4ae2f36c-7bec-11e5-b575-d8dcfedb4ea1_story.html
http://www.nbcnews.com/news/us-news/master-sergeant-joshua-wheeler-idd-commando-killed-isis-hostage-rescue-n449876
http://www.seattletimes.com/nation-world/carter-us-to-conduct-more-ground-raids-in-iraq-syria/?utm_source=RSS&utm_medium=Referral&utm_campaign=RSS_all
https://www.washingtonpost.com/world/national-security/us-kills-islamic-state-leader-in-syria-raid/2015/05/16/31280b26-fbca-11e4-a13c-193b1241d51a_story.html
http://edition.cnn.com/2015/10/23/politics/iraq-combat-hostage-raid-wheeler-/

Monday, November 02, 2015

225.6 - The good news is who Obama tapped to fill a vacancy on the SEC; the bad and revealing news is who he wanted to pick

The good news is who Obama tapped to fill a vacancy on the SEC; the bad and revealing news is who he wanted to pick

Lisa Fairfax
Just a quick thing that is good news in its own terms but which I raise to make a bigger point.

The Securities and Exchange Commission, usually just called the SEC, exists for one reason: making sure potential investors have enough information to make informed choices when they buy stocks and bonds.

The SEC has five members: two Democrats, two GOPpers, and a supposedly nonpartisan chair. Democrat Luis Aguilar recently resigned, leaving a vacancy. The good news is that at the pressing of Sens. Sherrod Brown and Elizabeth Warren, President Obama has nominated Lisa Fairfax, a law professor from George Washington University and an expert on shareholder activism who is thought to be a strong voice for reform of - which in reality of necessity means controls on - the financial industry.

Keir Gumbs
Okay, that's the good news - and it is, considering that the other Democrat on the Commission, Kara Stein, is also regarded as a reformer.

But here's the thing: The person Obama wanted to fill that slot is one Keir Gumbs, a corporate lawyer with the high-powered Wall Street law firm Covington & Burling, which represents numerous financial institutions. Gumbs is a former SEC staffer who more recently has been giving CEOs guidance on how to hide their corporate political spending.

That's who Obama wanted. That's who our oh-so-liberal president wanted. And he wanted him as a corporate-friendly ally to Commission Chair Mary Jo White at a time when the SEC is looking to allow new rules that would undermine the SEC's own mission by making it much easier for corporations to hide their activities and so deceive potential investors in their stocks. That's what Obama wanted to support through his choice for the commission.

I can't say it enough times: These people are not on your side. Never forget it.

Sources cited in links:
http://www.nakedcapitalism.com/2015/10/sec-poised-to-gut-corporate-disclosure-in-financial-statements.html
https://theintercept.com/2015/10/20/obama-names-lisa-fairfax-to-sec-a-vote-for-wall-street-reform/
https://theintercept.com/2015/06/15/sec-pick-specializes-in-helping-corporations-hide-political-expenditures/

225.5 - The little Thing: House GOP admits Obamacare is good for the federal budget

The little Thing: House GOP admits Obamacare is good for the federal budget

Okay, one of our occasional features this time. It's called The little Thing, and it's when some little point in a story that gets glossed over or mentioned in passing is the one that makes me go "wait - what?"

In this case, it's an AP story about the latest attempt by the right-wing jackasses in Congress to undermine both Planned Parenthood and the Affordable Care Act.

It marked the 62nd time the House GOP has voted to pull down part or all of the ACA.

Whether it can pass the Senate or not remains a question, even though it used a streamlined procedure called reconciliation that would prevent a filibuster. The reactionary GOPpers in the Senate say they're against it because it doesn't go far enough in that it doesn't entirely revoke the ACA.

And here's where the little thing comes in. It was a single sentence buried midway through the article, mentioned in passing, with no comment as to its significance.

Quoting now,
The House bill's GOP authors said they were constrained by procedural hurdles: legislation receiving the filibuster protections cannot increase the deficit - which repealing the entire health care law would do.
Uh - hold it. Doesn't that mean that the GOPper leadership in the House has just admitted that the ACA is saving the government money? That it actually is reducing the deficit?

I was not a big fan of the ACA when it was being debated; I was among that roughly 10-15% of Americans who opposed the law because it doesn't go far enough, it has a misplaced focuses on access to health insurance rather than on access to health care, and it amounts to government subsidies of the private health insurance industry that only make that industry more powerful and have even more say over health care.

Nonetheless, it's what we've got and yes, I agree, that now that we have it, now that it's what we've got, it's better to keep it than to get rid of it. But it's still not good enough.

Be that as it may, seeing the GOPpers being forced to admit the the ACA is actually good for the federal budget is just delicious. Unfortunately, no one seemed to notice - because it was the little thing.

Sources cited in links:
http://www.aol.com/article/2015/10/23/gop-bill-would-gut-health-law-halt-planned-parenthood-money/21253180/

225.4 - Update: Gravity Systems, the company that raised its minimum wage to $70,000, is doing just fine

Update: Gravity Systems, the company that raised its minimum wage to $70,000, is doing just fine

Another update which isn't really an update because I don't think I've mentioned this before - but it's worth bringing up now for the sake of looking at the then and the now.

Back in April, Dan Price, the founder and owner of a credit card processing company called Gravity Systems, shocked his employees by announcing that over the course of the next three years he was going to raise the minimum pay at his company to $70,000 a year - a minimum $22,000 above the current average at the company.

He would pay for this, he said, by cutting his own salary from about $1 million to $70,000 and using 75-80% of anticipated profits.

The right wing of course hated the idea, branded it by the dreaded name "socialism," said it would never work and would wind up serving as a case study in how socialism is doomed to eternal failure.

So as you might have guessed, the update is on how the company is doing.

Pretty good, in fact.

Dan Price
Revenue is growing at twice the rate it was before the announcement. Profits have doubled. Some customers left because they disagreed with Price's action, but despite that, overall, customer retention is up. Also up is the quality of applicants who want to work there. About the only thing that's down is employee turnover.

Admittedly, it has only been six months, and there will be those who will say that that is not a long enough time to make any judgment. Which is a fair enough point, even though many who would say that would have been the first to say, if the company had failed or Price had gone back on his word, that this single example was absolute proof that the entire idea of reducing income inequality in the workplace can never ever work.

But even if six months is not enough time for a long-term judgment about the future of a particular company, it is still more than enough time to prove that Price's decision is not an inherently losing proposition and perhaps more importantly that while the pursuit of profit remains the root cause of our economic and many of our social miseries, running a profit-making business does not have to turn you into an amoral, soul-dead greed hog - or a smirking little prig. It's just that is usually does.

Sources cited in links:
http://www.dailykos.com/story/2015/04/14/1377642/-Washington-employer-shocks-employees-by-raising-his-company-s-minimum-wage-to-70-000-per-year
http://www.dailykos.com/story/2015/10/26/1439456/-Update-on-the-CEO-who-made-70-000-minimum-wage-for-all-his-employees

225.3 - Footnote: Shkreli is far from the first to price-gouge on medicine

Footnote: Shkreli is far from the first to price-gouge on medicine

As a footnote to the update, we should all bear in mind the important fact that this is not the first case of pharmaceutical price-gouging and Shkreli is hardly alone.

For one example, in 2011, a company called K-V Pharmaceuticals acquired a seven-year license to be the sole provider of Makena, a synthetic form of the hormone progesterone, which has been successful in preventing premature births in women who had a history of them. At the time, the drug cost $10-$20 per dose; with a course of treatment typically being about 20 doses, the total cost was $200-400. After buying the license, K-V increased the price to $1500 a dose, making the cost of the average treatment go from maybe $400 to $30,000.

For another, around the same time that Turing Pharmaceuticals bought the rights to pyrimethamine, Rodelis Therapeutics purchased the rights to cycloserine, used to treat multidrug-resistant tuberculosis - and immediately raised the price from $500 for 30 capsules to $10,800.

Pyrimethamine itself had been on the price escalator before Shkreli came along. GlaxoSmithKline, the original makers, sold the US marketing rights to CorePharma in 2010. At that time, the medication cost about a dollar a pill. In one year, sales of pyrimethamine jumped from $667,000 in 2010 to $6.3 million in 2011, even as the number of prescriptions remained about the same. By 2014, sales were up to $9.9 million even as the number of prescriptions dropped by nearly 30%.

Remember, that was before Shkreli entered the picture.

Indeed, the drug industry as a whole is a good example of what's wrong with trusting The Market (pbui) to deal with human needs. If you need a medicine, you need a medicine, and if there is only one or only a handful of sources of that medicine, then you can be told in essence, "your money or your life." That's why the profit margins of the world's 10 largest drug companies ranged from a low of 10% - still more than the average in most industrial sectors - to a jaw-dropping 43%.

And while those companies would insist that this was all just for the sake of developing even newer, better and better in every way drugs, the fact is that those companies spent more - in some cases far more, even double the amount - on sales and marketing as they did on research.

It's just another example - yet another example - of how the pursuit of profit is incompatable with justice.

Sources cited in links:
http://www.care2.com/causes/prescription-drug-price-controversy-highlights-whats-wrong-with-big-pharma.html
http://www.nytimes.com/2015/09/22/business/big-price-increase-for-tb-drug-is-rescinded.html
http://www.bbc.com/news/business-28212223

225.2 - Update: Martin Shkreli is meeting reality

Update: Martin Shkreli is meeting reality

A couple of weeks ago I went after Martin Shkreli, the smirking little prig of a man who bought the rights to a generic drug called pyrimethamine, marketed under the trade name Daraprim. It's used to treat toxoplasmosis, which is a parasitic infection, and is useful against malaria. He immediately jacked up the already-inflated price of $13.50 a pill to a mind-wrecking $750 a pill.

Okay, you probably remember that. Here are two updates you may not have caught.

First, Turing Pharmaceuticals, Shkreli's company, is being investigated by the New York state attorney general's office for possible violation of antitrust laws. The issue is that Daraprim has been removed from distribution by the usual wholesalers and by most retail drugstores. Even hospitals have to use a special phone number to order it. By restricting access, Turing makes it harder for any potential competitor to obtain the samples they need to do the testing required to show their product is the same.

Lending credence to the charge is the fact that at his previous company, Retrophin, Shkreli pulled the same sort of crap as he did with pyrimethamine - but at that time talked openly about using restricted distribution to deny samples to generics manufacturers. And if you restrict access deliberately to prevent competition, that is illegal restraint of trade.

The other thing? Smirking little prig Martin Shkreli, who justified jacking up the prices of needed medicine on the grounds that "I'm a capitalist," may be about to find that The Market giveth and The Market taketh away.

Imprimis is a specialist pharmaceutical company, which means that it develops "novel compound pharmaceuticals" - drugs made from combinations of other drugs that can be used "off label," that is, not for their original intended use, to treat specific illnesses.

Well, Imprimis has announced that it has come up with a compound drug that does the same job as Daraprim without some of the side effects. The kicker is the price: A bottle of 100 pills is to go for $99 - just 99 cents a pill.

No word yet on whether or not little prig Martin Shkreli is still smirking.

Sources cited in links:
http://www.nytimes.com/2015/10/13/business/new-york-attorney-general-examining-if-turing-restricted-drug-access.html?_r=1
http://www.care2.com/causes/a-big-pharma-company-just-did-something-that-may-shock-you.html
http://www.cbs8.com/story/30327142/san-diego-based-drug-company-offers-low-cost-version-of-price-hiked-turing-drug

225.1 - Good News: DOJ gets slapped down on prosecutions of medical marijuana dispensaries

Good News: DOJ gets slapped down on prosecutions of medical marijuana dispensaries

We'll start with, as is sort of traditional here, with some Good News. And this is on a subject which, as I've said before, is not high  on my list of personal priorities in terms of issues, but I've talked about it several times because the issue keeps coming up.

The issue is marijuana.

Forty states and the District of Columbia now have some version of a medical marijuana law. Some are more expansive than others, some allow its physician-recommended use for more conditions than others, but they have some version of a medical marijuana law. In 23 of those states, the program is considered "comprehensive," with the rest allowing limited access, often for the purposes of medical research.

The point is that support for medical marijuana is effectively a majority position, with uses for the relief or treatment of various conditions increasingly accepted by the medical community.

Legalization of marijuana for personal use is also a majority position according to Gallup, with 58% of Americans supporting it. However, that is not the issue at hand. Medical marijuana is. And that is endorsed by an overwhelming percentage of the populace.

But even with such widespread support for medical marijuana, the federal government refuses to budge. Marijuana is still classified under the Controlled Substances Act as a Schedule 1 drug, meaning one "with no currently accepted medical use and a high potential for abuse."

Both of those assertions are false, but that has not kept the Department of Justice from insisting it will continue to prosecute medical marijuana dispensaries and users even in states that is legal.

The good news is that the DOJ finally got slapped down.

The case involves the Marin Alliance for Medical Marijuana, located in Marin Country, California. The Alliance has been in a long-running legal battle with the DOJ since opening a medical marijuana dispensary in the wake of California passing its Compassionate Use Act in 1966, which allowed for medical marijuana. The Alliance had lost most of those battles, but last year the legal ground shifted significantly. As part of its budget bill, Congress passed an amendment saying the DOJ cannot use any federal funds "to prevent such States [as had legalized medical marijuana; the legislation included a list of them] from implementing their own State laws that authorize the use, distribution, possession, or cultivation of medical marijuana."

Which seems clear enough - except that the DOJ decided it would interpret the law to mean only that it couldn't act against the state governments themselves, but remained free to go after the dispensaries and users. Doing so, the feds insisted, did not prevent the states from "implementing" their laws.

Happily, that ran headlong into federal district court judge Charles Breyer. In a decision that can only be described as "scathing" or "devastating," he declared the DOJ's argument "defies language and logic," "tortures the plain meaning of the statute," and is "at odds with fundamental notions of the rule of law." The government had "no substantive response or evidence," he said, but "simply asserts" its claims.

Sliding over some legal technicalities, the effect of the ruling is to lift the threat of federal prosecution from the shoulders of medical dispensaries and their clients - at least in the region covered by that federal district, which is the northern part of California. However, it is a bigger victory than for just northern California because it's likely to discourage the DOJ from continuing its let's just call it creative interpretation of the law.

My suspicion is that the feds will lay low, will not pursue other prosecutions, while still insisting "All those medical marijuana facilities are illegal, we're just not going after them now. But we could. And we might." Trying, that is, to accomplish by fear what they cannot accomplish by law. Until someday, maybe soon, when some sanity will creep in to the agency.

And that day will be good news.

Sources cited in links:
http://norml.org/legal/medical-marijuana-2
http://www.eastbayexpress.com/LegalizationNation/archives/2015/10/23/gallup-marijuana-legalization-support-holds-at-58-percent
http://www.dea.gov/druginfo/ds.shtml

Left Side of the Aisle #225




Left Side of the Aisle
for the week of October 29 - November 4, 2015

This week:

Good News: DOJ gets slapped down on prosecutions of medical marijuana dispensaries
http://norml.org/legal/medical-marijuana-2
http://www.eastbayexpress.com/LegalizationNation/archives/2015/10/23/gallup-marijuana-legalization-support-holds-at-58-percent
http://www.dea.gov/druginfo/ds.shtml
http://www.scribd.com/doc/285976410/MAMM-vs-USDOJ-Charles-R-Breyer-ruling-to-lift-injunction
http://www.washingtonpost.com/news/wonkblog/wp/2015/10/20/federal-court-tells-the-dea-to-stop-harassing-medical-marijuana-providers/

Update: Martin Shkreli is meeting reallity
http://www.nytimes.com/2015/10/13/business/new-york-attorney-general-examining-if-turing-restricted-drug-access.html?_r=1
http://www.care2.com/causes/a-big-pharma-company-just-did-something-that-may-shock-you.html
http://www.cbs8.com/story/30327142/san-diego-based-drug-company-offers-low-cost-version-of-price-hiked-turing-drug

Footnote: Shkreli is far from the first to price-gouge on medicine
http://www.care2.com/causes/prescription-drug-price-controversy-highlights-whats-wrong-with-big-pharma.html
http://www.nytimes.com/2015/09/22/business/big-price-increase-for-tb-drug-is-rescinded.html
http://www.bbc.com/news/business-28212223

Update: Gravity Systems, the company that raised its minimum wage to $70,000, is doing just fine
http://www.dailykos.com/story/2015/04/14/1377642/-Washington-employer-shocks-employees-by-raising-his-company-s-minimum-wage-to-70-000-per-year
http://www.dailykos.com/story/2015/10/26/1439456/-Update-on-the-CEO-who-made-70-000-minimum-wage-for-all-his-employees

The little Thing: House GOP admits Obamacare is good for the federal budget
http://www.aol.com/article/2015/10/23/gop-bill-would-gut-health-law-halt-planned-parenthood-money/21253180/

The good news is who Obama tapped to fill a vacancy on the SEC; the bad and revealing news is who he wanted to pick
http://www.nakedcapitalism.com/2015/10/sec-poised-to-gut-corporate-disclosure-in-financial-statements.html
https://theintercept.com/2015/10/20/obama-names-lisa-fairfax-to-sec-a-vote-for-wall-street-reform/
https://theintercept.com/2015/06/15/sec-pick-specializes-in-helping-corporations-hide-political-expenditures/

Outrage of the Week: our expanding lovely little war in Iraq and Syria
http://www.cnn.com/2015/10/27/politics/iraq-syria-mideast-hearing/
http://whoviating.blogspot.com/2015/06/2087-our-lovely-little-war-new-us-base.html
http://whoviating.blogspot.com/2015/06/2076-obamas-lovely-little-war-grows.html
https://www.washingtonpost.com/world/national-security/obama-weighs-moving-us-troops-closer-to-front-lines-in-syria-iraq/2015/10/26/4ae2f36c-7bec-11e5-b575-d8dcfedb4ea1_story.html
http://www.nbcnews.com/news/us-news/master-sergeant-joshua-wheeler-idd-commando-killed-isis-hostage-rescue-n449876
http://www.seattletimes.com/nation-world/carter-us-to-conduct-more-ground-raids-in-iraq-syria/?utm_source=RSS&utm_medium=Referral&utm_campaign=RSS_all
https://www.washingtonpost.com/world/national-security/us-kills-islamic-state-leader-in-syria-raid/2015/05/16/31280b26-fbca-11e4-a13c-193b1241d51a_story.html
http://edition.cnn.com/2015/10/23/politics/iraq-combat-hostage-raid-wheeler-/

A better way to deal with ISIS
 
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