Year: 2011

Supreme Court Rules that State Can Impose Sanctions for Violating Immigration Law

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The Supreme Court ruled that the Arizona law penalizing employers who knowingly employ illegal aliens is constitutional.

Note that this law is a distinct entity from Arizona’s “Papers Please” law, this law simply applies penalties on employers who are found to have deliberately hired illegals, which is a pretty high bar in the real world:

The 2007 law in question, known as the Legal Arizona Workers Act, or LAWA, allows state authorities to suspend, and if necessary, to revoke the business licences of employers who knowingly hire illegal aliens. Even more striking, the law also mandates that employers adopt a workplace verification system known as “E-Verify” to screen prospective employees based on their legal status.

Two lower courts ruled in 2008 that LAWA was constitutional, despite furious challenges from a coalition of civil rights and immigration rights organisations, and business groups, which saw the sanctions law as likely to interfere with their ability to hire cheap foreign labour. The two lower courts, and now the US supreme court, cited a critical but little-known 1976 supreme court decision upholding a state employer sanctions law in California, as well as the 1986 Immigration Reform and Control Act, or IRCA, which established a new federal employer sanctions regime, but explicitly excluded issues relating to “business licencing” from the scope of the law.

I have mixed emotions on this.

On the whole, an aggressive program of sanctions against employers who flout immigration laws to save money is a good thing, but I also believe that this action should be done at the federal, not the state level.

Vermont Governor Signs Single Payer Law

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Of course implementing the law over the next 3-5 years is problematic, since it requires a waiver from HHS, and I don’t think that Obama will stop sucking up to the insurance and finance industries and allow that to happen:

In order to actually enact the system, the state needs a waiver from the Affordable Care Act health reform law. Currently, the federal government will start handing out state waivers in 2017 — three years after Vermont wants to implement its system. Rep. Peter Welch (D-VT) has introduced an amendment that would move the waiver date up to 2014, an idea that President Obama has endorsed.

While I am sure that Obama would love to have the ability grant a waiver moved up, he is as insistent of the prerogatives of the executive as Dick Cheney ever was, there is no way that he would allow Vermont to set in motion a series of events that would transform healthcare delivery nationwide.

Basically, if Vermont is allowed to implement single payer,  businesses will start to move there, because healthcare is such a huge part of their personnel costs, and other states will start to feel pressure to follow suit, which should, eventually, lead to something like single payer being implemented nation wide.

Yep, He’s F%$#ing Nuts

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Federal Judge Larry Burns has ruled that Arizona gunman Jared Lee Loughner is not mentally competent to stand trial:

A federal judge ruled Wednesday that Jared Lee Loughner was incompetent to stand trial, all but ending, for now, legal proceedings in the January shooting spree that killed six people and wounded 13 others, including Arizona Democratic Rep. Gabrielle Giffords.

After studying reports from two mental-health experts who examined the 22-year-old defendant, Judge Larry A. Burns stopped federal death-penalty proceedings against Loughner and sent him back to the federal medical center for prisoners in Springfield, Mo., for treatment and further evaluation.

Burns scheduled another hearing for Sept. 21 to see if Loughner’s condition had improved enough for him to assist in his own defense.

It’s clear to me, and I understand that I am not a psychological professional, but it’s clear that this guy is a couple of fries short of a happy meal.

The question here is whether or not getting him well enough to stand trial means just trying him, or if it means meaningful treatment options, along with a reasonable assessment of what should be done if he is ever well enough to be a part of general society again.

I favor the latter myself, and it should be noted that the way that we address serious mental issues in the US is clearly deficient.

Credit Where Credit is Due

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Harry Reid put the Paul Ryan budget up for a vote in the Senate, and it lost, with all the Democrats voting against it, but 40 Republicans voted to kill Medicare, 41 if you count Rand Paul, who voted no because he thought that it was not radical enough:

The Senate on Wednesday resoundingly rejected a budget sponsored by House Budget Committee Chairman Paul Ryan (R-Wis.) that calls for significant cuts to future Medicare benefits.

The 40-57 vote came one day after Republicans suffered an upset defeat in a special election in upstate New York where Democrats made Medicare cuts the primary issue.

Five Republican senators voted against a motion to take up the ambitious House budget plan, which suffered only four Republican defections when it passed the lower chamber earlier this year.

Four centrists voted no: Sens. Scott Brown (R-Mass.), Susan Collins (R-Maine), Lisa Murkowski (R-Alaska) and Olympia Snowe (R-Maine). Sen. Rand Paul (R-Ky.), who favored larger budget cuts than what was proposed in Ryan’s budget, was the fifth no vote.

Every Democrat voted no except for Sen. Charles Schumer (N.Y.), who did not vote.

By forcing a vote on this, Harry Reid did the right thing, and by forcing the Senate Republicans to choose between normal voter in the general election, and teabagger in the primary, he put the ‘Phants between a rock and a hard place, which is a very good thing.

BTW, my guess as to why Murkowski voted no, she has 5 years until her next election, and she knows that the teabaggers in Alaska will hate her no matter what she does, so this was the safer course for her.

How Clueless Is He?

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So, after the Republican party’s attempt to demolish Medicare results in one of the most Republican districts in the nation flipping Democratic in a special election, Barack Obama completely misses the point:

I want to extend my congratulations to Congresswoman-elect Kathy Hochul for her victory in New York’s 26th Congressional District,” the president said in a statement. “Kathy and I both believe that we need to create jobs, grow our economy, and reduce the deficit in order to outcompete other nations and win the future. Kathy has shown, through her victory and throughout her career, that she will fight for the families and businesses in western New York, and I look forward to working with her when she gets to Washington.

So, what’s here? We have:

  • Cutting the deficit (shafting the poor and middle class)
  • Outcompeting other nations (no support for labor or worker rights)
  • Winning the future (Tripe so meaningless that Newt Gingrich came up with the term over a decade ago).

What we don’t have:

  • Any meaningful mention of ordinary Americans.
  • Any mention of the social safety net.
  • Any mention of Medicare.
  • Any mention of Medicare.
  • Any mention of Medicare.

And did I mention that he neglected to mention protecting the elderly or Medicare?

Note that while this is going on, Joe Biden, negotiating for the Democrats, has not taken Medicare off the table:

Vice President Joe Biden set a goal of at least $1 trillion in budget cuts from negotiations with congressional leaders on the federal debt as talks turned to Medicare, a contentious issue that risks replicating a partisan divide on Capitol Hill.

Democrats in the meeting yesterday ruled out concessions on Medicare without Republican agreement to raise tax revenue, a step the party’s leaders so far have rejected, according to someone familiar with the talks who spoke on condition of anonymity. Biden underscored the issue in remarks to reporters afterward.

(emphasis mine)

So the deal is, so long as they can get some token tax increases from Republicans, probably directed at labor unions and single mothers, they can agree to cut Medicare.

This does not bode well for 2012.

<facepalm>

Your Moment of Schadenfreude

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One of the conditions of James O’Keefe’s probation for attempting to but Senator Mary Landrieu’s office is that he needs permission to leave the state of New Jersey.

His latest request was denied:

A federal judge has denied a request by James O’Keefe, the conservative auteur-provocateur, to make a series of trips outside New Jersey.

Since O’Keefe is on probation for his conviction last year for his role in a harebrained undercover operation inside Senator Mary Landrieu’s New Orleans district office, he has to get judicial approval to travel outside New Jersey, where he resides with his family. As part of the scheme targeting the Louisiana Democrat, two O’Keefe cronies dressed up as telephone repairmen and sought access to the politician’s telephone system (O’Keefe–himself a noted master of disguise–was secretly recording the goings-on with his cell phone).

Knowles’s order does not detail his reasons for vetoing the 26-year-old O’Keefe’s motion. The judge has routinely approved prior O’Keefe travel requests.

My guess here is that the judge realized that O’Keefe’s travel was an attempt by him to get paid for his admitted (he pled guilty) wrongdoing, and decided that this was an inappropriate way for him to spend his probation.

Maybe he can get a job washing dishes, or counseling poor people.

Heh.

Whiny Beoches

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The Republicans, yet again, complaining that their attempts to dismantle and privatize Medicare are bging called an attempt to dismantle and privatize Medicare:

House GOP budget star Paul Ryan is keeping up his offensive against Democrats who claim their victory in a New York special election Tuesday night was a rebuke of his budget plan that overhauls Medicare.

Democrats “are shamelessly demagoguing and distorting” Medicare, “trying to scare seniors and using this as a political weapon,” Ryan said Tuesday morning at the Peterson Foundation Summit in Washington.

Ryan appeared on MSNBC’s “Morning Joe” earlier Tuesday where he blamed Democratic attack ads for the Republican loss, not the substance of his plan.

I understand you are a little objectivist Ayn Rand groupie, and so you believe that everyone thinks that government is pernicious and evil, even when it produces programs that outperform the private sector and benefit society, but the problem here is not that people are lying about your plan, it is that they are telling the truth.

Suck it up, bitch.

When You Elect a Contemptible Greedhead Criminal As Your Leader…

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At least when it’s clear that he is a crook and a liar, you clearly deserve to reap the whirlwind

Case in point, Florida Governor Rick Scott, who presided over Columbia/HCA while it was defrauding Medicare, and proceeded to take the 5th amendment around 75 times during the investigation.

And now it apopears that the dumb-ass voters of Florida are having a bit of buyers remorse:

Gov. Rick Scott is one of the least popular governors in America, according to a new Quinnipiac University poll that shows 57 percent of voters disapprove of his job performance.

Only 29 percent favor the job Scott is doing, the poll of 1,196 registered voters shows.

Scott’s job-performance numbers mirror public sentiment about the $69.7 billion state budget, which cuts schools, healthcare and programs for the environment. The poll finds that 54 percent of voters say the budget is “unfair” to someone like them, while 29 percent favor it.

Scott has praised what he calls the “jobs budget” as a way to get Florida’s economy moving. But despite the nickname, the budget will lead to more layoffs in the short-term because it eliminates nearly 4,500 state worker positions.

Tough titties, Floridians, you elected him, and you don’t have a recall law for state wide official, so for the next few years, it will suck to be you.

And It Will End With “Settled Without Any Admission of Wrongdoing”

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Because, notwithstanding the recent move by the CFTC to sue oil speculators for market manipulation, I do not believe that there will be a vigorous investigation of criminal wrongdoing by any arm of the Obama administration.

Still, when I read this:

After oil prices surged past $100 a barrel in 2008, suspicions that traders had manipulated the market led to Congressional hearings and regulatory investigations. But they produced no solid cases in the record run-up in gasoline prices.

But on Tuesday, federal commodities regulators filed a civil lawsuit against two obscure traders in Australia and California and three American and international firms.

The suit says that in early 2008 they tried to hoard nearly two-thirds of the available supply of a crucial American market for crude oil, then abruptly dumped it and improperly pocketed $50 million.

The regulators from the Commodity Futures Trading Commission would not say whether the agency was conducting any other investigations into oil speculation. With oil prices climbing again this year, President Obama has asked Attorney General Eric H. Holder Jr. to set up a working group to look into fraud in oil and gas markets and “safeguard against unlawful consumer harm.”

In the case filed Tuesday, the defendants — James T. Dyer of Australia, Nicholas J. Wildgoose of Rancho Santa Fe, Calif., and three related companies, Parnon Energy of California, Arcadia Petroleum of Britain and Arcadia Energy, a Swiss company — have told regulators they deny they manipulated the market.

If the United States proves the claims, the defendants may give up $50 million in profits that were believed to be made as a result of the manipulation and also pay a penalty of up to $150 million.

The commodities agency says the case involves a complex scheme that relied on the close relationship between physical oil prices and the prices of financial futures, which move in parallel.

In a matter of a few weeks in January 2008, the defendants built up large positions in the oil futures market on exchanges in New York and London, according to the suit, filed in the Federal Court in the Southern District of New York.

At the same time, they bought millions of barrels of physical crude oil at Cushing, Okla., one of the main delivery sites for West Texas Intermediate, the benchmark for American oil, the suit says. They bought the oil even though they had no commercial need for it, giving the market the impression of a shortage, the complaint says. 

It made me smile.

The Giants Win the Pennant! The Giants Win the Pennant! The Giants Win the Pennant!!!!*

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Democrat Kathy Hochul, has won the special election in New York’s 26th Congressional district, largely because people do not want the Republicans to f%$# with Medicare.

Note here that she also won with some solid numbers, she got 48% of the vote, as versus Republican Jane Corwin’s 42% of the vote, and teabagger nutjob Jack Davis’s 8%.

You have to figure that even if Davis were not in the race, she would have won.

Note that this is not only one of the most firmly republican districts in New York, but one of the more heavily ‘Phant districts in the country, and it wasn’t even close.

*If you are American, and have not heard of the Shot Heard ‘Round the World, shame on you. If you are not American, click the link.

Nope, No Escalation Here

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It looks like the Frogs and the Limeys will be deploying attack helicopters to Libya:

Britain and France are to deploy attack helicopters against Libya in an attempt to break the military stalemate, particularly in the important coastal city of Misrata, security sources have told the Guardian.

In a significant escalation of the conflict, the Apaches – based on HMS Ocean – will join French helicopters in risky operations which reflect deepening frustration among British and French defence chiefs about their continuing inability to protect civilians in Libya.

If I were a cynic, I would think that the goal is to get one of these choppers shot down, so that they have an excuse for an invasion when the captured crew are treated as unlawful enemy combatants.

It’s On Bitches

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At least three of the six Republican state senators targeted for recall in Wisconsin will happen:

State election officials ordered July 12 recall elections on Monday for three Republican state senators, setting the stage for what could be an unprecedented summer of recall elections.

The Government Accountability Board, which runs state elections, voted unanimously to schedule the recall elections against Sens. Dan Kapanke of LaCrosse, Randy Hopper of Fond du Lac and Luther Olsen of Ripon.

…………

On Monday, the Republicans successfully struck some of the signatures from the recall petitions against them as invalid, but not enough to prevent the elections. About 15,000 signatures for each senator were needed to hold recall elections, and in each case more than 21,000 valid signatures were gathered.

(emphasis mine)

So they got about 50% more signatures than were required, and unlike the Republican efforts, they did not have to bring in paid signature gatherers, nor did they have to lie about what was being signed or buy the signers drinks.

There are 3 Republican, and 3 Democratic state senators yet to be ruled on, but my guess is that all of them will go through, though I do not expect the Dems, unless the national Democratic Party does something mind-bogglingly stupid, like signal approval to some sort of Medicare cuts. (Yes, Steny Hoyer, have a nice glass of Shut the F%$# Up!)

Another Shanda Before the Goyim

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This time, it’s House Majority Leader Eric Cantor, who is insisting that any aid that any aid going to the tornado ravaged town of Joplin Missouri be offset by budget cuts:

Majority Leader Eric Cantor said Monday that if Congress passes an emergency spending bill to help Missouri’s tornado victims, the extra money will have to be cut from somewhere else.

“If there is support for a supplemental, it would be accompanied by support for having pay-fors to that supplemental,” Mr. Cantor, Virginia Republican, told reporters at the Capitol. The term “pay-fors” is used by lawmakers to signal cuts or tax increases used to pay for new spending.

Note that this sort of callous disregard for this sort of disaster not only puts him on the wrong side of all decent people, it puts him on the wrong side of Tom “The Hammer” Delay, who supported borrowing to fund hurricane Katrina relief.

The Pod People Have Replaced Natalie with a Doppelgänger

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I love my daughter, but she could lose a bright orange bowling ball on a golf green.

It’s just the way she is.

Well, it’s not been a good week for my children in the losing things arena.

She lost her beloved cell phone (really, she loves it), and Charlie lost his eyeglasses , and so we have been turning the house upside down for the past week trying to find them.

We set up an appointment with Charlie’s Ophthalmologist to get a new pair of glasses, and I was about to start looking on eBay to find the oft-threatened crappy cheap replacement phone.

And then, tonight, in the space of 90 seconds, she found both of them.

Either the pod people have replaced her with a simulacrum, or there was a meteor strike nearby that released some heretofore unknown type of radiation, and she has developed mutant powers.

Wisconsin Election Board Certifies Prosser Winner of Supreme Court Race

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So the right winger who threatened another judge has been declared the winner.

It is unclear at this point whether his challenger, JoAnne Kloppenburg, will be taking this to court.

She probably should, if just to turn over the rocks that is the Waukesha County Clerk Kathy Nickolaus (probably deliberate) exercise in incompetence in counting votes, but my guess is that she won’t, because Democrats are wimps.

If it were turned around, we would already have James Baker showing up and saying that it’s not fair.

In any case, she has to make her decision by May 31.

Big Labor Getting a Clue

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After getting nothing but feeble lip service from national Democrats on labor issues, and even less on the Republican state-level jihad against unions from the national Dems, labor unions are pulling back on donations to national democrats:

Some of the nation’s largest labor unions are cutting back dramatically on their financial support to the Democratic Party, saying they are highly frustrated with the failure of Democrats to put up stronger resistance to Republican proposals opposed by labor.

The unions have cited what they see as Democrats’ tepid response to Republican efforts to eliminate collective bargaining rights for public sector workers, cut Medicare funding and require voters to show identification at the polls.

“It doesn’t matter if candidates and parties are controlling the wrecking ball or simply standing aside,” said Richard Trumka, president of the AFL-CIO, in a speech Friday. “The outcome is the same either way. If leaders aren’t blocking the wrecking ball and advancing working families’ interests, working people will not support them.”

…………

Labor’s threats to Democrats follow a major push in last year’s midterm election, when unions spent $8 million backing a liberal challenger to former senator Blanche Lincoln (D-Ark.). The challenger, then-lieutenant governor Bill Halter, lost to Lincoln in a runoff, and a weakened Lincoln went on to lose the general election to Republican John Boozman.

Trumka trumpeted the outcome of that race in a question-and-answer period after his speech Friday. A moderator asked what was different about his latest rhetoric given that unions have threatened to withdraw support for Democrats in the past.

“Ask Blanche Lincoln,” he replied.

This is really the point that should be made, that there are a lot of Democrats who have little or no interest in protecting the average American worker, or of supporting organized labor, the distinguished gentlewoman from WalMart being one of the more prominent examples, and making an example of them is a good thing.™

I would also note that Lincoln was down by double digits to any Republican before the primary challenge.

Remember, It’s Only Censorship if It’s a Government

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So Murdoch owned Sky Italia dropping Current TV because it hired Keith Olbermann:

Former Vice President Al Gore’s Current TV cable network has claimed Rupert Murdoch’s Italian satellite TV company dropped the network in Italy because it hired liberal politics news anchor Keith Olbermann.

Imagine that.

If there is a lesson to the travails of Silvio Berlusconi, it is that private unregulated mass media outlets are a cancer on democracy, and Rupert Murdoch is just another example of this.

Keith is Back

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Keith Olbermann has a special comment about the reactions to Michael Moore’s comments about the killing of Osama bin Laden.

While he disagrees with Moore, in that he [Olbermann] is OK with the idea that the US sent out a kill team with no real plans to capture of al-Qaeda’s founder, he finds the unrelenting attacks of Michael Moore’s character and patriotism by the Obama fanboi to be completely contemptible, and he notes the parallels to the attacks against people who questioned George W. Bush’s campaign of lies to get us to invade Iraq:

Some of us – not enough — questioned the official story in 2002 and 2003. But few of us who did so, had as much to lose as did Michael Moore. We were accused of “intellectual liberal hand-wringing” – even by supposedly liberal commentators on supposedly liberal television networks. We were dismissed, and demonized.

And to this day, even though Michael Moore was right, and George Bush was wrong, and even though Michael Moore was right, and Newt Gingrich was wrong, and even though Michael Moore was right, and John Boehner was wrong – to this day it is Moore who is demonized by the Republican Cult in ways that Bush and Gingrich and Boehner are not demonized by the American Left.

Instead, Moore, himself, now gets demonized in part, by the American left.

I want Michael Moore to question everything. I want him even to repeat the ten tweets he had in the aftermath of the killing of Bin Laden, in which he picked up on his theme from three years ago, when he told Larry King that the story that Bin Laden was living in caves, moving from one to the other, was palpable nonsense, that the only millionaire who willingly lived in a cave was Batman, and he only went there to change costumes.

I want Michael Moore, and every other Michael Moore, to remind us that, indeed, “Pakistan just couldn’t be seen as participating with us” and that, indeed, “the story has changed four times now in four days” and that, indeed, “As long as he wasn’t conducting terror, Osama Bin Laden alive served a purpose. Someone should just fess up: the war industry needs fear to make (money).”

Towards the end of his tenure at MSNBC, I thought that he had kind of lost his edge, but it appears that he’s back, and he’s right.

FYI, he is specifically calling out MSNBC commentator Ed Schultz, who has been an Obama fanboi for as long as I’ve followed who said, “The fact of the matter is, the intellectual liberal hand-wringing needs to stop in this country. People who voted for President Obama had to know he was willing to go anywhere at anytime to take out the world’s number one terrorist,” which is a truly contemptible attempt to squelch debate.

Between Schultz’s Obama man crush, and the unbearable inside-the-beltway conventional thinking wankfest of Lawrence O’Donnell, all I watch these days on MSNBC is Rachael Maddow.

I cannot wait for his new show on Current TV on June 20.