Category: Corruption

Well, It’s a Start

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A Florida judge has two Congressional districts to be illegally Gerrymandered:

In a sharply worded decision, a Florida judge ruled late Thursday that Republicans illegally redrew the state’s congressional districts, saying they “made a mockery” of an amendment meant to inject fairness into a process that has long been politically tainted.

Judge Terry P. Lewis of Florida’s Second Judicial Circuit ordered that two districts be redrawn — one, the 10th District, now held by Representative Daniel Webster, a Republican, and the other, the Fifth District, held by Representative Corrine Brown, a Democrat. In redrawing them, neighboring districts are also likely to be affected.

………

Judge Lewis delivered a blistering, 41-page attack on Florida’s redistricting process, reserving his most scathing criticism for the Republican establishment, including political operatives. He said it was clear that Republican operatives had managed to “infiltrate and influence” the Florida Legislature.

“Republican political consultants or operatives did, in fact, conspire to manipulate and influence the redistricting process,” the judge wrote. At another point, he quoted George Washington, who warned of “cunning, ambitious and unprincipled men.”

………

In 2010, Floridians voted to pass two constitutional amendments that required lawmakers to draw congressional and state legislative districts more cohesively and without favoring a political party.

The maps were redrawn in 2012, before the midterm elections. They were approved by the Republican-dominated Legislature and signed by Gov. Rick Scott, a Republican.

During a two-week trial in May and June, a parade of political operatives, lawmakers and legislative staff members took the stand to testify about what they did and did not do during the redistricting process. It turned out that legislative leaders destroyed many documents relevant to the process, a move that Judge Lewis sharply criticized on Thursday.

“You have to wonder,” he said.

Well the judge can wonder, but I don’t.

Of course the ‘Phants engaged in partisan Gerrymandering.

The Answer is Price Controls, Not Generics

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The New York Times has a story showing how consolidation in the generic drug market led to skyrocketing prices:

The first sign of trouble came when Dr. Barry Lindenberg, a cardiologist, received a three-page insurance form in January, demanding he get preapproval to prescribe one of the oldest known heart medicines.

His patient had been on the drug, digoxin, for many years. A mainstay of treating older patients with rapid rhythm disturbances, it was first described in the medical literature in 1785. Millions of Americans still use it every day, and many had long paid just pennies a pill.

“I wrote on the form: ‘ARE YOU KIDDING ME?’ ” said Dr. Lindenberg, who practices in Schenectady, N.Y.

What the cardiologist did not know then was that the price of generic digoxin was rapidly rising. The three companies selling the drug in the United States had increased the price they charge pharmacies, at least nearly doubling it since late last year, according to EvaluatePharma, a London-based consulting firm.

………

Large price increases in the United States for vital medicines for the young, such as vaccines, have been mirrored by similar rises in some of the most basic treatments for older patients, like digoxin. Though there are many newer types of drugs to treat heart disease, for some patients there are no effective substitutes; digoxin is on the World Health Organization’s list of essential medicines.

………

But increasingly, experts say, the costs of some generic drugs are going the other way. The prices paid by pharmacies for some generic versions of Fiorinal with codeine (for migraines) and Synthroid (a thyroid medicine) as well as the generic steroid prednisolone have all more than doubled since last year, EvaluatePharma found. In January, the National Community Pharmacists Association called for a congressional hearing on generic drug prices, complaining that those for many essential medicines grew as much as “600, 1,000 percent or more” in recent years. The price jumps especially affected smaller pharmacies, which do not have the clout of big chains to bargain for discounts.

Digoxin provides a telling case study. There was no drug shortage, according to the Food and Drug Administration, that might explain the increase. There was no new patent or new formulation. Digoxin is not hard to make. What had changed most were the financial rewards of selling an ancient, lifesaving drug and company strategies intended to reap the benefits.

Though generic medicines are far cheaper to bring to market than brand-name drugs because they involve little research and development, they also are priced lower because generics typically face intense competition. But Dr. Aaron Kesselheim, a professor of health economics at the Harvard School of Public Health, noted, “Studies show it is not until you have four or five generics in the market that the prices really are down.”

By late 2013, a number of generic manufacturers had largely stopped producing and distributing digoxin, then a cheap medicine whose use had declined, leaving only two companies dominant in the market. Both businesses — the Lannett Company and Global Pharmaceuticals, a division of Impax Laboratories — are small companies whose bottom line can rise and fall on the sales of a single drug.

It’s very simple.

The drug companies, or for that matter most companies, competition is not a good, but it is cross that they have to bear.

If you have 5 products, and one has a highly competitive market, you are inclined to leave the market and move to more lucrative one.  It’s Econ 101.

It also f%$#s the rest of us.

We need a dose of government interference in this market.

Glenn Greenwald Reveals that NSA Spied on Americans for the Crime of Being Muslim

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Greenwald, and Murtaza Hussain, reveal that the NSA spied on hundreds of Americans with no justification:

The National Security Agency and FBI have covertly monitored the emails of prominent Muslim-Americans—including a political candidate and several civil rights activists, academics, and lawyers—under secretive procedures intended to target terrorists and foreign spies.

According to documents provided by NSA whistleblower Edward Snowden, the list of Americans monitored by their own government includes:

• Faisal Gill, a longtime Republican Party operative and one-time candidate for public office who held a top-secret security clearance and served in the Department of Homeland Security under President George W. Bush;

• Asim Ghafoor, a prominent attorney who has represented clients in terrorism-related cases;

• Hooshang Amirahmadi, an Iranian-American professor of international relations at Rutgers University;

• Agha Saeed, a former political science professor at California State University who champions Muslim civil liberties and Palestinian rights;

• Nihad Awad, the executive director of the Council on American-Islamic Relations (CAIR), the largest Muslim civil rights organization in the country.

The individuals appear on an NSA spreadsheet in the Snowden archives called “FISA recap”—short for the Foreign Intelligence Surveillance Act. Under that law, the Justice Department must convince a judge with the top-secret Foreign Intelligence Surveillance Court that there is probable cause to believe that American targets are not only agents of an international terrorist organization or other foreign power, but also “are or may be” engaged in or abetting espionage, sabotage, or terrorism. The authorizations must be renewed by the court, usually every 90 days for U.S. citizens.

………

The five Americans whose email accounts were monitored by the NSA and FBI have all led highly public, outwardly exemplary lives. All five vehemently deny any involvement in terrorism or espionage, and none advocates violent jihad or is known to have been implicated in any crime, despite years of intense scrutiny by the government and the press. Some have even climbed the ranks of the U.S. national security and foreign policy establishments.

………

In one 2005 document, intelligence community personnel are instructed how to properly format internal memos to justify FISA surveillance. In the place where the target’s real name would go, the memo offers a fake name as a placeholder: “Mohammed Raghead.”



The vast majority of individuals on the “FISA recap” spreadsheet are not named. Instead, only their email addresses are listed, making it impossible in most cases to ascertain their identities. Under the heading “Nationality,” the list designates 202 email addresses as belonging to “U.S. persons,” 1,782 as belonging to “non-U.S. persons,” and 5,501 as “unknown” or simply blank. The Intercept identified the five Americans placed under surveillance from their email addresses.

Here is the kicker:

Last week, anonymous officials told another news outlet that the government did not have a FISA warrant against at least one of the individuals named here during the timeframe covered by the spreadsheet.

(emphasis mine)

For the past year, every time someone speculates about what the US state security apparatus does, we get a ferocious denial from the various three later acronyms (TLA).

And then, a few weeks later, some more Snowden docs get released, and we discover that they are lying through their teeth to us.

Both the White House and the Congress have completely failed in their duties to direct and oversee our surveillance industrial complex.

In This Case, it is Appropriate to Use Porcine Metaphors to Refer to Law Enforcement

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You know the story, girl sexts boy, boy sexts girl back, and the police and district attorney demand a photo of boys erect penis:

A Manassas City teenager accused of “sexting” a video to his girlfriend is now facing a search warrant in which Manassas City police and Prince William County prosecutors want to take a photo of his erect penis, possibly forcing the teen to become erect by taking him to a hospital and giving him an injection, the teen’s lawyers said. A Prince William County judge allowed the 17-year-old to leave the area without the warrant being served or the pictures being taken — yet.

 The teen is facing two felony charges, for possession of child pornography and manufacturing child pornography, which could lead not only to incarceration until he’s 21, but inclusion on the state sex offender data base for, possibly, the rest of his life. David Culver of NBC Washington first reported the story and interviewed the teen’s guardian, his aunt, who was shocked at the lengths Prince William authorities were willing to go to make a sexting case in juvenile court.

 ………

 Foster said the case began when the teen’s 15-year-old girlfriend sent photos of herself to the 17-year-old, who in turn sent her the video in question. The girl has not been charged, and her mother filed a complaint about the boy’s video, Foster said. The male teen was served with petitions from juvenile court in early February, and not arrested, but when the case went to trial in juvenile court in June, Foster said prosecutors forgot to certify that the teen was a juvenile. The case was dismissed, but police immediately obtained new charges and also a search warrant for his home. Police also arrested the teen and took him to juvenile jail, where Foster said they took photos of the teen’s genitals against his will.

 The case was set for trial on July 1, where Foster said Assistant Commonwealth’s Attorney Claiborne Richardson told her that her client must either plead guilty or police would obtain another search warrant “for pictures of his erect penis,” for comparison to the evidence from the teen’s cell phone. Foster asked how that would be accomplished and was told that “we just take him down to the hospital, give him a shot and then take the pictures that we need.”

(emphasis mine)

This is beyond contemptible.

This is a profound abuse of prosecutorial discretion.  In fact, I would argue that this is a credible threat of torture, as well as conspiracy to produce child pornography.

This is profoundly and deeply unethical, and the local bar should be apprised of this behavior.

If there were justice in the world, that evil ratf%$# attorney would be flipping burgers for a living.

First as Tragedy, then as Farce*

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Paul Wolfowitz is boosting Ahmed Chalabi as the next Prime Minister of Iraq:

Ahmed Chalabi, the Iraqi who helped spur the U.S. invasion of his country, would be viable as its next prime minister though close ties he established with Iran pose an impediment, said Paul Wolfowitz, a top American national security official when the war launched.

“The man is a survivor,” Wolfowitz said in an interview on Bloomberg Television’s “Political Capitol with Al Hunt,” airing this weekend. “That’s impressive. I think he wants to succeed in what he does, he’s smart; maybe he’ll figure out a way to do it.”

Chalabi, 69, currently serves in Iraq’s Parliament as government forces battle insurgents who have destabilized the country and prompted calls for Prime Minister Nouri al-Maliki’s resignation.

Chalabi’s political group, the Iraqi National Congress, supplied Wolfowitz and others in President George W. Bush’s administration with information that tied then-Iraqi President Saddam Hussein to al-Qaeda and alleged he was developing weapons of mass destruction — the justification for the U.S. invasion in March 2003.

The information was later discredited and in May 2004, U.S. soldiers raided Chalabi’s house and offices in Iraq to investigate allegations of fraud and grand theft against him.

Why are we listening to these people after all that they have screwed up to completely?

The fact that Dick Cheney, Donald Rumsfeld, Richard Pearle, Paul Wolfowitz, Elliot Abrams, etc. are viewed as anything but a punchline is a complete indictment of our media.

* The full quote, ascribed to Karl Marx, is “History repeats itself, first as tragedy, then as farce.”

Yes, Snowden Could have Used Channels to Raise His Concerns ……… Not

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Jeffrey Scudder had his career destroyed by the CIA because he filed Freedom of Information Act Requests to declassify historical documents:

His CIA career included assignments in Africa, Afghanistan and Iraq, but the most perilous posting for Jeffrey Scudder turned out to be a two-year stint in a sleepy office that looks after the agency’s historical files.

 It was there that Scudder discovered a stack of articles, hundreds of histories of long-dormant conflicts and operations that he concluded were still being stored in secret years after they should have been shared with the public.

 To get them released, Scudder submitted a request under the Freedom of Information Act — a step that any citizen can take, but one that is highly unusual for a CIA employee. Four years later, the CIA has released some of those articles and withheld others. It also has forced Scudder out.

 His request set in motion a harrowing sequence. He was confronted by supervisors and accused of mishandling classified information while assembling his FOIA request. His house was raided by the FBI and his family’s computers seized. Stripped of his job and his security clearance, Scudder said he agreed to retire last year after being told that if he refused, he risked losing much of his pension.

What were these documents?

The documents sought by Scudder amount to a catalog of a bygone era of espionage. Among them are articles with the titles “Intelligence Lessons from Pearl Harbor” and “Soviet Television — a New Asset for Kremlin Watchers.”

 Scudder said he discovered them after he took an assignment in 2007 as a project manager for the CIA’s Historical Collections Division, an office set up to comb the agency’s archives for materials — often decades old — that can be released without posing any security risk.

(emphasis mine)

BTW, the CIA has since closed the Historical Collections Division, claiming “budget concerns.”

This is how the US state security apparatus addresses an attempt to hasten the declassification anodyne historical documents.

What do you think would have happened if Edward Snowden had gone further with his complaints?

He would still have had to flee the country for his own safety.

Our Broken Healthcare System: Vaccine Edition

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Not it appears that vaccine prices are the latest case of looting by corporate medicine:

There is little that Dr. Lindsay Irvin has not done for the children’s vaccines in her office refrigerator: She remortgaged her home to afford their rising prices. She packed them in ice chests and moved them when her office flooded this year. She pays a company to monitor the fridge in case the temperature rises.

“The security company can call me any time of the day or night so I can go save my vaccines,” said Dr. Irvin, a pediatrician. Those in the refrigerator recently cost $70,000, she said — “more than I paid for four years of medical school.”

Vaccination prices have gone from single digits to sometimes triple digits in the last two decades, creating dilemmas for doctors and their patients as well as straining public health budgets. Here in San Antonio and elsewhere, some doctors have stopped offering immunizations because they say they cannot afford to buy these potentially lifesaving preventive treatments that insurers often reimburse poorly, sometimes even at a loss.

Childhood immunizations are so vital to public health that the Affordable Care Act mandates their coverage at no out-of-pocket cost and they are generally required for school entry. Once a loss leader for manufacturers, because they are often more expensive to produce than conventional drugs, vaccines now can be very profitable.

Old vaccines have been reformulated with higher costs. New ones have entered the market at once-unthinkable prices. Together, since 1986, they have pushed up the average cost to fully vaccinate a child with private insurance to the age of 18 to $2,192 from $100, according to data from the Centers for Disease Control and Prevention. Even with deep discounts, the costs for the federal government, which buys half of all vaccines for the nation’s children, have increased 15-fold during that period. The most expensive shot for young children in Dr. Irvin’s refrigerator is Prevnar 13, which prevents diseases caused by pneumococcal bacteria, from ear infections to pneumonia.

And Prevnar started expensive, and the cost has gone up from there, and it had to nothing to do with the cost of the product:

The value of that “school mandate” is also apparent in the pricing. When Singapore’s national vaccine advisory group evaluated Prevnar 7 for mandated use, its price was about $80, said Karen Tyo, a researcher from Brandeis University, who was advising the government. After the government included it in the required national schedule, “the price jumped immediately” to about $120, she said. “Nothing had changed,” she noted. “It didn’t make any sense.”

………

The Swiss Agency for Therapeutic Products pays $101, a price that has not changed over time. In Britain, the small private health care market sells prefilled syringes of Prevnar 13 for an average of $82 at pharmacies; the National Health Service pays even less, experts say. Prefilled syringes cost an average of $136 in the United States, and even the C.D.C. — which buys vaccines for the Medicaid program at a discount — pays $112.84.

If the US government grants a monopoly in the form of patents, perhaps compulsory licensing, something allowed for in all of international IP agreements.

It might be a good for the US government to take advantage of this.

Simply paying for price gouging is not working.

Pope Francis Takes Another Step Away from John Paul II

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Francis has defrocked the formal Papal ambassador to the Dominican Republic, the former Archbishop Josef Wesolowski for sexually abusing boys.

You saw a bit of damage control under Benedict, but this is strong statement against JP II’s willful blindness on this matter:

The Vatican has defrocked Archbishop Josef Wesolowski, the former Vatican ambassador to the Dominican Republic following an investigation into his sexual abuse of boys. He is the highest-yet ranking official of the Church to be so punished.

The former Archbishop, now just Josef Wesolowski, has two months to appeal his dismissal and laicization. He is no longer a priest of the Church.

Following his period of appeal, during which he may or may not choose to fight the decision, he will face a criminal trial under the Vatican City State tribunal. If convicted, he will face a jail term. The Vatican has recently updated its laws to punish with criminal penalties those who sexually abuse children and says it will take measures to ensure that Wesolowski does not flee justice.

Pope Francis has instituted a zero-tolerance crackdown on clergy who abuse children, saying they would not have any special privileges and that even high-ranking offenders would be severely and swiftly punished.

Pope Francis is the first Pope to take such drastic measures to deal with the problem of child sexual abuse in the Church although both Pope John Paul II and Benedict XVI also took steps to protect children. The measures now instituted by Pope Francis are the most significant in history, ensuring that offenders cannot use the Church as cover and will face certain prison time if found guilty.

This guy really is a breath of fresh air.

Another Day, Another Study Proving Antivaxxers full of It

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Parents worried about getting young children vaccinated against infectious diseases have fresh cause for reassurance, researchers say.

A new review of existing scientific evidence has concluded that childhood vaccines are safe and don’t cause serious health problems such as autism or leukemia.

“Our findings support that vaccines are very safe for children, and add to a substantial body of evidence that the benefits of vaccination outweigh the very low risks,” said senior author Dr. Courtney Gidengil, an associate physician scientist at RAND Corporation and an instructor at Harvard Medical School. “Hopefully, this will engage hesitant parents in discussions with their health care providers.”

The review found strong evidence that the MMR (measles, mumps and rubella) vaccine is not associated with autism, which is consistent with previous reviews of this rumored link.

Some parents have chosen not to have their children vaccinated because of a now-debunked and retracted study published in 1998 that suggested that the MMR vaccine might cause autism. It was later reported that the study’s author, Dr. Andrew Wakefield, had altered some of the study’s results.

The researchers behind the new study also found no link between childhood leukemia and vaccines for MMR, DTaP (diphtheria, tetanus and pertussis), tetanus, influenza and hepatitis B.

Overall, vaccines given to children 6 or younger are safe, causing few side effects, the review concluded. The findings are published in the July 1 online edition and the August print issue of the journal Pediatrics.

The fact that Andrew Wakefield is still a free man, when the death toll of his fraud numbers in the thousands, dishonors both the justice system and the scientific community.

And the Hobby Lobby Decision Has Already Started to Bear Bitter Fruit

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We now have the usual group of rat-f%$#s, including Rick “Invited by Obama to giva a benediction at his first inaugeration” Warren, are demanding the right to discriminate against LGBT employees:

This week, in the Hobby Lobby case, the Supreme Court ruled that a religious employer could not be required to provide employees with certain types of contraception. That decision is beginning to reverberate: A group of faith leaders is urging the Obama administration to include a religious exemption in a forthcoming LGBT anti-discrimination action.

 Their call, in a letter sent to the White House Tuesday, attempts to capitalize on the Supreme Court case by arguing that it shows the administration must show more deference to the prerogatives of religion.

 “We are asking that an extension of protection for one group not come at the expense of faith communities whose religious identity and beliefs motivate them to serve those in need,” the letter states.

I am so ready for Antonin Scalia to choke to death on his own bile and be replaced by a justice who is not an unethical hack.

Letter follows:

Religious Exemption Letter to President Obama

Yes, Blackwater Threatened to Kill a State Department Investigator

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And what’s more, the response of the state department was to expel the investigator from Iraq:

Just weeks before Blackwater guards fatally shot 17 civilians at Baghdad’s Nisour Square in 2007, the State Department began investigating the security contractor’s operations in Iraq. But the inquiry was abandoned after Blackwater’s top manager there issued a threat: “that he could kill” the government’s chief investigator and “no one could or would do anything about it as we were in Iraq,” according to department reports.

 American Embassy officials in Baghdad sided with Blackwater rather than the State Department investigators as a dispute over the probe escalated in August 2007, the previously undisclosed documents show. The officials told the investigators that they had disrupted the embassy’s relationship with the security contractor and ordered them to leave the country, according to the reports.

 After returning to Washington, the chief investigator wrote a scathing report to State Department officials documenting misconduct by Blackwater employees and warning that lax oversight of the company, which had a contract worth more than $1 billion to protect American diplomats, had created “an environment full of liability and negligence.”

(emphasis mine)

This raises the obvious question, just who at the State Department makes a habit of engaging in unnatural acts with sheep, and how did Blackwater get video of them doing this.*

Well, it’s mentioned in passing in the above story that when State investigated this, the investigation was headed by Patrick Kennedy. (Not one of THE Kennedys)

At Foreign Policy, they go into detail on Mr. Kennedy’s repeated roll in this, and similar clusterf%$#s:

Eye-opening new revelations about the private security firm formerly known as Blackwater Worldwide and its cozy relationship with the State Department are raising new questions about a senior Foggy Bottom bureaucrat who has found himself in Capitol Hill’s crosshairs before — and seems certain to now do so again.

 On Sunday, the New York Times reported that Patrick Kennedy, the State Department’s current under secretary for management, led a review of the private security firm in 2007 after its guards fatally shot 17 Iraqi civilians in Baghdad’s Nisour Square. Kennedy’s review, however, failed to reference a scathing State Department memo on the contractor completed just weeks earlier that found the company had systematically overcharged the government. The memo also alleged a senior Blackwater executive in Baghdad threatened to kill the State Department auditor behind the memo. At the time, Kennedy dismissed questions about early warnings of Blackwater misconduct.

………

 Though the incident is now seven years old, anger remains on Capitol Hill about how the State Department, and in particular, Kennedy, manages relations with government contractors. On Monday, an aide for Senator Claire McCaskill (D-M.O.) noted his boss’s “longstanding frustrations with the failure to improve contract management at the State Department.” He cited an April letter between McCaskill and Kennedy in which she scolds Kennedy for failing to implement recommendations from the Inspector General about the maintenance of contract files dating back seven years.

………

 No one on the panel interviewed Richter, according to the panel’s final report, which includes a list of everyone consulted about the incident. It’s particularly unusual that the panel didn’t talk to Richter given that he specifically visited Iraq to review the State Department’s contract with Blackwater, the firm at the center of the controversy. During a press Q&A on October 23, 2007, then-Time magazine reporter Brian Bennett noted the existence of “complaints about contractor conduct,” and asked “why this review wasn’t done earlier?” In response, Kennedy told reporters that his review found no communications from the embassy in Baghdad complaining about contractor conduct prior to the Nisour Square killings.

It should be noted that a cursory record of Kennedy’s record (his Wiki, for what it’s worth) it appears that Kennedy has had at least one similar incidents previously.

*To be fair, it could also be bribery that is responsible for this behavior, but my money is on a dead hooker in a hotel room in Bayonne, NJ.†
†Actually, it is also possible that this was a product of the cronyism that was rife at the instigation of Rumsfeld and Cheney.‡
‡Or, he could, as a lifelong member of the State Department, he could simply be inculcated in a tradition of CYA and obfuscation, particularly as regards the actions of politically connected ambassadors, but the sheep thing just makes better copy.

And This Decision is a Camel’s Nose Under the Tent

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In Harris v. Quinn, the Supreme Court ruled that home healthcare workers who are not members of a union do not have to pay dues for the services received.

It is better than could be expected, since they could have applied this to all public sector unions, effectively going right to work nationwide.

What I do think is that it is clear that this, along with an earlier decision, Knox v. SEIU, are an attempt to reverse the National Labor Relations Act via the death of 1000 cuts.

Eventually, assuming that the current 5-4 reactionary judge/real judge split remains in place on the Supreme Court, they will be making it  impossible for labor unions to function in the United States for the next decade.

This is partisanship masquerading as an impartial judiciary.

Yes, Hobby Lobby is Almost Dredd Scott* Bad

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The basic decision is completely incoherent and contradictory.

The gist of the decision is that private corporations can ignore basic regulations if they are “sincerely held beliefs,” whatever the f%$# means, which ignores decades of jurisprudence which slapped down various flavors of bigots, sexists, and nut-jobs who have attempted to use religion to avoid following civil law.

They say that this is so because to quote Mitt Rmoney, “corporations are people too.”

They say that it only applies to “closely held” corporations, (fewer than 5 people holding over half of the equity in the firm) but provide no real explanation for why it should so be limited, and they do not explain why it does not, for example, apply to multibillion dollar corporations like Koch industries.†

Furthermore, they say that it applies only to contraception, and not, for example, to the JW’s objection to blood transfusion or vaccination, but again, they simply say this, and provide no real justification:

This decision concerns only the contraceptive mandate andshould not be understood to hold that all insurance-coverage mandates, e.g., for vaccinations or blood transfusions, must necessarily fall if they conflict with an employer’s religious beliefs. Nor does it provide a shield for employers who might cloak illegal discrimination as a religious practice.

Basically, it only applies to contraception, because we care about what Catholics and right wing Evangelicals think, but not (Mercy!) Jehovah’s Witnesses.

What’s more, they redifine the definition of corporations to justify their opinion:

In other words, the Court has changed, definitionally, what it means to be a corporation under the state laws in question.

The existential condition of separateness is true even with closely held companies. The largest such companies – Cargill, Koch Industries, Dell, Bechtel, and Aramark, to name just a handful – have tens of thousands of employees and billions of dollars of revenue. (In 2008, Forbes reported that the 441 largest closely held companies employed more than 6 million people and enjoyed $1.8 trillion in revenue.) They are created under the same understanding of a wall existing between shareholders and the company. They could indeed not exist otherwise – the potential liability to individual investors would simply be too great.

So in evaluating whether Congress intended the word “person” in RFRA to cover corporations, the most reasonable assumption is that the states creating such entities intended such separateness and that corporations should not carry the rights of their shareholders. To assume otherwise flies in the face of decades, indeed centuries, of corporate law assumptions.

The Court makes a second corporate law mistake. In arguing that for-profit companies can have religious purposes, the Court makes hay from the fact that state incorporation statutes typically allow businesses to be chartered for any “lawful purpose or activity.” The Court uses this corporate law truth to argue, as a descriptive matter, that some corporations in fact engage in behavior that is in conformity with the religious views of their shareholders.

………

Indeed, I will not be surprised if we see, in the coming weeks, a host of closely held corporations – and a few publicly traded ones – asserting the right to discriminate against LGBT job applicants, employees, and customers notwithstanding various state laws to the contrary.

This is an unbelievably bad decision, and, unless the Congress revokes the Religious Freedom Restoration Act (the justification for the ruling), we are in for decades of counter productive anti-American religious zealotry.

This is a horrible decision, and if it had been made at the federal court level, we would assume that it would have been overturned at the appellate level before the ink was dry.

*Dred Scott v. Sandford. If you need this link, read some f%$#ing history.
†I dunno. Maybe they do want it apply to Koch industries.

The Sound You Hear is Another Bubble Collapsing

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Remember those stories about all those investors paying cash to acquire rental properties?

Remember how they were going into single family rentals?

Well, it looks like the rush for the door has begun:

A year ago, buying foreclosed homes to rent out was the sure-thing trade for investment firms backed by money from private equity companies, hedge funds and pension systems. But with the supply of cheap foreclosed homes dwindling, some early investors are looking to cash out a bit by flipping homes to competitors.

The Waypoint Real Estate Group, one of the first companies to raise money from private investors to buy foreclosed homes, is quietly shopping as many as 2,000 houses in California that it acquired in the last few years in several private investment funds, said three people who had been briefed on the matter but were not authorized to discuss it. The homes, which are largely rented, are being shown to other companies backed by investor money that have also scooped up distressed houses in states including Arizona, California, Florida, Georgia, Illinois and Nevada.

Waypoint is considering selling about half of its 4,000 homes. Some of the biggest institutional investors in the market for foreclosed homes — companies like the Blackstone Group, American Homes 4 Rent and American Residential Properties — have slowed their pace of acquisitions in response to an increase in home prices and a dearth of foreclosed homes that do not require significant renovation.

Waypoint is following other early investors like the Och-Ziff Capital Management Group and Oaktree Capital Management, which have sold homes bought near the start of the financial crisis. But unlike Och-Ziff and Oaktree, Waypoint is not leaving the single-family home market. It is still managing more than 7,000 homes for a publicly traded real estate investment trust, or REIT, it formed last year with the Starwood Capital Group called Starwood Waypoint Residential Trust.

Jason Chudoba, a spokesman for the trust and Waypoint’s management company, said the firm did not comment on market speculation.

The single-family home market, after a wave of acquisitions by companies backed by Wall Street money, is changing as institutional buyers now focus more on expanding their operations to manage tens of thousands of homes across the United States. Industry participants say that the rapid buying of foreclosed homes has ended and that they expect other early institutional buyers to sell homes to lock in profits. They say they also expect the business to consolidate into the hands of a few large companies.

So, the small operators are getting out, and the big operators, aka the too big to fail operators are doubling down, because they figure that they know better.

In a way, the TBTF players are right:  When this comes tumbling down, the taxpayers will find a way to bail them out, yet again.

We are f%$#ed.

Why You Should Not Give Money to the Red Cross

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Even if you ignore their blood products profiteering which killed a significant portion of the Hemophiliacs in the United States under Liddy Dole, you have their routine and brazen profiteering in the event of major disasters:

Just how badly does the American Red Cross want to keep secret how it raised and spent over $300 million after Hurricane Sandy?

The charity has hired a fancy law firm to fight a public request we filed with New York state, arguing that information about its Sandy activities is a “trade secret.”

The Red Cross’ “trade secret” argument has persuaded the state to redact some material, though it’s not clear yet how much since the documents haven’t yet been released.

As we’ve reported, the Red Cross releases few details about how it spends money after big disasters. That makes it difficult to figure out whether donor dollars are well spent.

The Red Cross did give some information about Sandy spending to New York Attorney General Eric Schneiderman, who had been investigating the charity. But the Red Cross declined our request to disclose the details.

So we filed a public records request for the information the Red Cross provided to the attorney general’s office.

 That’s where the law firm Gibson Dunn comes in.

 An attorney from the firm’s New York office appealed to the attorney general to block disclosure of some of the Sandy information, citing the state Freedom of Information Law’s Trade Secret Exemption.

 The documents include “internal and proprietary methodology and procedures for fundraising, confidential information about its internal operations, and confidential financial information,” wrote Gabrielle Levin of Gibson Dunn in a letter to the attorney general’s office.

If those details were disclosed, “the American Red Cross would suffer competitive harm because its competitors would be able to mimic the American Red Cross’s business model for an increased competitive advantage,” Levin wrote.

(emphasis mine)

Trade Secret Exemption?  Proprietary Methodology?  Competitive Harm?  Business model?  Competitive Advantage?

Seriously?

You are asking us to give you money on the vague promise that you won’t blow it all on salaries and severance packages for senior executives (and, you know, give thousands of Hemophiliacs AIDS ……… Oops, too late on that one).

The American Red Cross, and the Susan G. Komen foundations are not charities should be our first choices for donations.

Insurance Companies Go Postal on Advair, Sales Collapse

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It appears that pharmacy managers have decided that spending 5x as much as a French patient does is stupid:

Hallelujah. I never thought I’d see the day that I’d praise an insurance company. But the proverbial Atlas just shrugged.
Insurance company pharmacy benefit managers, who have apparently had it with drug companies charging American consumers ridiculously high, and ever-increasing, prices for prescription drugs, are starting to say “enough.”

 At the top of the list is my asthma drug, Advair.

 Some big insurance company pharmacy benefits managers are simply no longer permitting their plans to cover Advair. Or at best, they’ve relegated Advair to the lower “third tier,” which means the patient has to pay so much of the price that they simply won’t buy the drug at all.
As a result, Advair sales plummeted 30% this year in the US.

(emphasis mine)

It’s a battle between two groups of parasites, and I hope that there is a way for both of them to ose.

Come to think of it, there is, it’s called Single Payer, bitches.

Bummer of a Birthmark, Chris

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It looks like Jabba the Governor has yet another bridge scandal:

Investigations into the Christie administration and the Port Authority of New York and New Jersey have zeroed in on possible securities law violations stemming from a $1.8 billion road repair agreement in 2011, according to people briefed on the matter.

 While the inquiries were prompted by the apparently politically motivated lane closings at the George Washington Bridge last year, these investigations center on another crossing: the Pulaski Skyway, the crumbling elevated roadway connecting Newark and Jersey City. They are being conducted by the Manhattan district attorney and the Securities and Exchange Commission.

 The inquiries into securities law violations focus on a period of 2010 and 2011 when Gov. Chris Christie’s administration pressed the Port Authority to pay for extensive repairs to the Skyway and related road projects, diverting money that was to be used on a new Hudson River rail tunnel that Mr. Christie canceled in October 2010.

 Again and again, Port Authority lawyers warned against the move: The Pulaski Skyway, they noted, is owned and operated by the state, putting it outside the agency’s purview, according to dozens of memos and emails reviewed by investigators and obtained by The New York Times.

 ………

 In bond documents describing the Skyway reconstruction and other repairs, the Port Authority has called the projects “Lincoln Tunnel Access Infrastructure Improvements.”

 The accuracy of this characterization is now a major focus of the investigations, according to several people briefed on the matter. Under a New York State law known as the Martin Act, prosecutors can bring felony charges for intentionally deceiving bond holders, without having to prove any intent to defraud or even establish that any fraud occurred.

 Two veteran prosecutors in the Manhattan district attorney’s office public corruption unit are working with two S.E.C. lawyers who are experts in such bond issues, one person briefed on the matter said, and another noted that while the agencies were each conducting separate parallel inquiries, they were working together.

 In addition to criminal charges under the Martin Act, the investigations could result in civil action under the Martin Act or by the S.E.C., under federal securities laws.

Someone has lost a lot of weight for nothing, because he will never be the Presidential nominee.

Jeebus. He’s Bush with a F%$#ing Tan

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First, it is announced that will be sending military advisers to Iraq. It’s supposed to be limited, but that will last until someone gets killed there, and then the military and Republican pressure for escalation, and we are back in a war:

President Obama said Thursday that he would deploy up to 300 military advisers to Iraq to help its struggling security forces fend off a wave of Sunni militants who have overrun large parts of the country, edging the United States back into a conflict that Mr. Obama once thought he had left behind.

 Warning that the militants pose a threat not just to Iraq but also to the United States, Mr. Obama said he was prepared to take “targeted and precise military action,” a campaign of airstrikes that a senior administration official said could be extended into neighboring Syria.

 Mr. Obama’s calibrated military moves — coupled with his pointed warning to Iraq’s Shiite prime minister, Nuri Kamal al-Maliki, to quell his country’s sectarian fires, and his announcement that Secretary of State John Kerry would embark on a diplomatic campaign — opened a risky new chapter in the president’s reluctant engagement with Iraq.

Advisers and airstrikes ……… Jeebus.

Escalate much?

BTW, while we are at it, it should be noted that the Obama administration is pressuring Maliki to step down as PM, which is probably a good thing, but one of the front runners to succeed him is ……… Wait for it ……… Wait for it ……… Wait for it ……… Ahmed f%$#ing Chalabi:

Iraqi officials said Thursday that political leaders had started intensive jockeying to replace Prime Minister Nuri Kamal al-Maliki and create a government that would span the country’s deepening sectarian and ethnic divisions, spurred by what they called encouraging meetings with American officials signaling support for a leadership change.

President Obama implicitly added his voice on Thursday to the call for change, saying any Iraqi leader must be a unifier. He declined to endorse Mr. Maliki.

The jockeying began as a series of meetings with American officials were held here in which, according to at least two participants, they saw the first indications that the Americans would like to see a replacement for Mr. Maliki, whose marginalization of non-Shiites since United States forces left Iraq in 2011 has made him a polarizing figure.

At least three people, who like Mr. Maliki are all members of the Shiite majority, have emerged as possible candidates to take over as prime minister, with more potential nominees in the wings as parties negotiate alliances from the recent elections. Any prospective successor must convince Iraq’s Sunni Muslims and its ethnic Kurds that he can hold Iraq together, as well as vanquish a Sunni-led insurgency that has escalated into a crisis threatening to partition the country.

………

It is far from clear, however, whether any of the suggested successors could gather enough votes. The names floated so far — Adel Abdul Mahdi, Ahmed Chalabi and Bayan Jaber — are from the Shiite blocs, which have the largest share of the total seats in the Parliament.

 Mr. Mahdi came within a vote of winning the prime minister’s job in 2006 and previously served as one of Iraq’s vice presidents. He is viewed as a moderate who has long worked well with the Kurds.

 Mr. Chalabi is a complex figure who has alternately charmed and infuriated the Americans but has ties both to them and to Iran. His biggest liability could be his uncompromising support for the systematic purge of many Sunnis from government jobs after the American-led invasion that toppled Saddam Hussein and his Baath Party a decade ago. Mr. Chalabi now says he supports terminating the basis for that purge, the so-called de-Baathification law.

(emphasis mine)

Seriously, Ahmed Chalabi?

We lost Iraq and Afghanistan well before the current actions by ISIS, it’s time to stop throwing good money after bad. 

And we can’t help here, because our state security apparatus has been too busy surveilling our selfies on Facebook to accurately pick targets in Iraq:

Army general Martin Dempsey, chairman of the joint chiefs of staff, told a Senate panel on Wednesday that “until we can clarify this intelligence picture” the US would have difficulty knowing who it would be attacking from the air, indicating military as well as political reluctance to any return to the skies above Iraq.

Your tax dollars at work.

Wisconsin Attorney General Threatens People Who Obey Court Ruling

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I just love how right wing Talibaptist types think that the law does not apply to them:

Wisconsin Attorney General J.B. Van Hollen said Thursday that same-sex couples who have wed in recent days are not married in the eyes of the law and that county clerks issuing marriage licenses to gay and lesbian couples could be prosecuted.

Also Thursday, Republican Gov. Scott Walker backed Van Hollen’s work defending the gay marriage ban but sidestepped questions on whether clerks should be charged and what his personal views on gay marriage are now.

Three district attorneys running for attorney general — two Democrats and a Republican — said they would not issue charges against clerks and their area. A Democratic state representative running to succeed Van Hollen also criticized the idea of issuing charges.

“You do have many people in Wisconsin basically taking the law into their own hands and there can be legal repercussions for that,” Van Hollen said in an interview with the Milwaukee Journal Sentinel. “So, depending on who believes they’re married under the law and who doesn’t believe they’re married under the law may cause them to get themselves in some legal problems that I think are going to take years for them and the courts to work out.”

The Republican attorney general said he did not believe same-sex couples could be prosecuted but that county clerks risked charges.

………

County clerks can be jailed for up to nine months and fined up to $10,000 for issuing marriage licenses that aren’t allowed under state law. The same section of the statutes also provides penalties for judges, ministers and others who officiate over a “fictitious marriage,” but Van Hollen did not address whether they could be charged.

………

United States District Judge Barbara Crabb last week declared that Wisconsin’s ban on same-sex marriage violated the U.S. Constitution’s guarantee of equal protection of the law. She has not yet entered an injunction instructing public officials what to do about her finding.

After all, who has to listen to some judge anyway?

Judge Crabb, could you please find this rat f%$# in contempt?

Another Reason to Shut Down the Fusion Centers

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Because they treated a consumer boycott for “Black Friday” 2011 as a terrorist event:

The documents reveal that Fusion Centers and their personnel even conflate their anti-terrorism mission with a need for intelligence gathering on a possible consumer boycott during the holiday season. There are multiple documents from across the country referencing concerns about negative impacts on retail sales.

The Executive Director of the Intelligence Fusion Division, also the Joint Terrorism Task Force Director, for the D.C. Metropolitan Police Department circulated a 30-page report tracking the Occupy Movement in towns and cities across the country created by the trade association the International Council of Shopping Centers (ICSC).

He directed that the recipients of the document, who included top staff at the Washington, D.C. Fusion Center, “develop a one page product that we can send to our District Commanders to make them aware of the potential threat.”

(emphasis original)

Can you say out of control totalitarian organization?

Good, I knew that you could.