The Commentariat -- Oct. 29, 2013
Erik Eckholm of the New York Times: "A federal judge in Texas on Monday blocked an important part of the state's restrictive new abortion law, which would have required doctors performing the procedure to have admitting privileges at a nearby hospital. The decision, one day before the provision was to take effect, prevented a major disruption of the abortion clinics in Texas. It was a victory for abortion rights groups and clinics that said the measure served no medical purpose and could force as many as one-third of the state's 36 abortion clinics to close. But the court upheld a second measure, requiring doctors to use a particular drug protocol in nonsurgical, medication-induced abortions that doctors called outdated and too restrictive." Here's the text of the ruling. ...
... P.S. Rick Perry is still a jerk. ...
... Jeffrey Toobin & Jake Tapper of CNN discuss the judge's ruling:
Sheryl Gay Stolberg of the New York Times: Today House Republicans will question Marilyn Tavenner, head of the Center for Medicare & Medicaid Services, which oversaw the development & implementation of Healthcare.gov. ...
... Kevin Drum points out that the "sticker shock" sometimes associated with ObamaCare -- when people discover their new policy will cost more than their old policy -- is often deceiving. The new policy costs more because it provides more coverage. Drum cites a pregnant woman who complained of her premiums almost trebling, but her old policy most certainly didn't cover her pregnancy & delivery; the new policy does. And must. ...
... Igor Volsky of Think Progress: AND under the new law, the woman's pregnancy cannot be used against her as a "pre-existing condition," something insurance underwriters have been doing for years. Volsky has more. ...
... Kate Pickert of Time: "The Obama Administration released a report late Monday showing that a significant share of young, single Americans will be able to get inexpensive coverage under the [ACA], sometimes for less than $50 a month. But the report's conclusions only apply to subset of the uninsured young people, leaving unanswered the overall effect of the law." ** CW: The report is here. Hilariously, as of 9 am today, the HHS report was not readable (all except the first letter of every line of text is off the page), likely because of a coding error.
... Joan McCarter on the right's new War on Sick People. Coming soon to a town hall near you. ...
... Michael Scherer of Time: "A security flaw in the original design of HealthCare.gov that could have disclosed e-mail and other account information to hackers was eliminated Monday during an overnight fix...." ...
I'm concerned about the fact there seems to be a war on the poor. That if you're poor, somehow you're shiftless and lazy. You know what? The very people who complain ought to ask their grandparents if they worked at the W.P.A. -- Gov. John Kasich (R-Ohio), speaking of Republican lawmakers
John Judis of the New Republic predicts the Tea Party is done for & its adherents will drift toward other nutso groups. Judis writes, "I would estimate that the people who actively participate in Tea Party groups number no more than 75,000 -- considerably less than 1 percent of likely Republican voters." CW: If he's correct, that's astounding -- that 75,000 bitter, ignorant loons could jam up an entire nation. ...
... Anna Palmer of Politico: "Mitch McConnell ... stood up over the weekend and said he wanted to address the 'elephant in the room' at a fundraising retreat in Sea Island, Ga. Speaking before roughly 300 K Streeters and big donors, McConnell said Republicans will not come close to defaulting on the nation's debts or shutting down the government early next year when stop-gap government funding and the debt ceiling are slated to be voted on again.... McConnell and [Sen. John] Cornyn [R-Texas] were very specific about directing their fire at groups like the Senate Conservatives Fund, whom they believe have actively misled donors about what is legislatively achievable in order to raise money off of their frustrations, according to another attendee." CW: McConnell is facing a Tea Party challenger in 2014; Cornyn has no serious winger opposition. ...
... NEW. Mario Trujillo of the Hill: "A group of Senate Democrats is slated Tuesday to introduce a plan allowing the president to raise the debt ceiling without the approval of Congress -- a tactic dubbed the "McConnell Rule." The plan hinges on a solution devised by Senate Minority Leader Mitch McConnell (R-Ky.) during the 2011 debt-ceiling standoff that saddled President Obama with ultimate responsibility for raising the limit. It was used again in the deal to raise the debt ceiling and reopen the government earlier this month. While Congress would be able to halt the borrowing increase by a vote of disapproval, it would be subject to a presidential veto and have little chance of gaining the necessary supermajorities to override it." CW: This is something we discussed here in Comments on Reality Chex a few weeks back; I'm glad to see Democrats are taking my advice & proposing to extend the "McConnell Rule."
... Tim Egan: "Real Americans, the wind-chapped toilers so often invoked by politicians in a phony froth, lost real money from the real pain inflicted on their livelihoods by the extortionists in Congress this month.... So, who pays? ... The economic hit on millions of Americans didn't come from government -- it came from one political faction in the House of Representatives.... The states hit hardest by the shutdown, it now appears, were those where Republicans prevail." Americans can't sue the government, can't sue the Tea Party, can't sue Ted Cruz -- for the income they lost during the shutdown. The only place they can make the Congressional miscreants pay is at the ballot box.
CW: Rand Paul Is Still Insane. Here's the headline on Philip Elliot's AP story: "Rand Paul warns eugenics on horizon unless conservatives stand up against abortion rights." I rest my case. (The story also covers the McAuliffe-Cuccinelli race for governor of Virginia.) ..
... It seems Dr. Randy gets his science education (and his fear of the future) from the movies. ...
... CW: I thought Akhilleus was kidding us. (See today's Comments.) Let's be clear -- you cannot reason with these people.
Posner for the (Self-)Defense. In a New Republic piece, Judge Richard Posner says all his critics misunderstood him when he suggested he made a mistake in approving Indiana's voter suppression law. Of course he skips the important criticism -- that he placed the onus on the wrong party. Pretty pathetic. And his claim that he had no evidence is bogus; see Justice Souter's dissent (linked in the October 27 Commentariat) in the Supreme Court case for a thorough reading of the evidence. ...
... AND More Weasling. Jack Gershman of the Wall Street Journal: The Huffington Post asked Posner, "So do you think that you and the court got this one wrong?" (speaking of the Indiana case). Posner replied, "Yes, absolutely." Now Posner is claiming maybe he didn't hear the question or misinterpreted it or the dog ate his brain. This guy is a judge! He would laugh a lawyer out of court for claiming that "yes, absolutely" means "not really." ...
... Dahlia Lithwick: Those voter suppression laws the GOP is so fond of may suppress the votes of more conservative women than of liberal women. Why? Because conservative women are more likely than liberals to change their names when they marry. CW: The Texas law is astounding: "... the new Texas voter ID law demands that 'constituents show original documents verifying legal proof of a name change, whether it is a marriage license, divorce decree, or court ordered change.' Photocopies will not be accepted. If you don't have those original documents, you must pay a minimum of $20 for new copies. So in some states, female voters face two hurdles -- showing they are who they claim to be and producing original documents indicating that they really are married and divorced." Ladies, do you know where your original divorce papers are? I'm not sure I ever had mine. Have you got an original marriage license handy? I don't. But, hey, it doesn't matter. I do have a certified birth certificate, & what with being a socialist-commie-liberal & all, the name on it is Marie (Middle Name) Burns. Ha!
Scott Wilson & Anne Gearan of the Washington Post: "In the midst of the controversy over U.S. surveillance this summer, top intelligence officials held a briefing for President Obama at the White House -- one that would provide him with a broad inventory of programs being carried out by the National Security Agency. Some of those programs, including the collection of e-mails and other communications from overseas, had already been disclosed because of leaks from former NSA contractor Edward Snowden. But Obama was also informed of at least one program whose scope surprised him: 'head of state collection.'" CW: Stories about what Obama knew & when he knew it have been flying around for the past 36 hours or so, but Wilson & Gearan's piece seems about as definitive as these things get, UFN. Definitely need Darrell Issa to get on this, tho. Also, I would like to have a head-of-state collection. Perhaps of the bobble variety. Thank god the shelf life of the Berlusconi model has expired; I'm not sure which head bobbles on that one. ...
... Update. Or Not. Ken Dilanian & Janet Stobart of the Los Angeles Times: "The White House and State Department signed off on surveillance targeting phone conversations of friendly foreign leaders, current and former U.S. intelligence officials said Monday, pushing back against assertions that President Obama and his aides were unaware of the high-level eavesdropping. Professional staff members at the National Security Agency and other U.S. intelligence agencies are angry, these officials say, believing the president has cast them adrift as he tries to distance himself from the disclosures by former NSA contractor Edward Snowden that have strained ties with close allies." John McCain wants an investigation: 'Obviously, we're going to want to know exactly what the president knew and when he knew it,' McCain told reporters in Chicago," [CW:] beating Darrell Issa to the punch. Thanks to cowichan for the link. ...
... Or Not. Later in the L.A. Times story, there's this bit: "Obama may not have been specifically briefed on NSA operations targeting a foreign leader's cellphone or email communications, one of the officials said. 'But certainly the National Security Council and senior people across the intelligence community knew exactly what was going on, and to suggest otherwise is ridiculous.'" ...
.. CW: I'm not sure why intel "people are furious" at President Obama since the WashPo story specifically states that the President doesn't fault them. What we have here are dueling CYA stories. The White House story, whether true or not, is justified. The intel leaders are crybabies, less interested in national security than in themselves -- or in harming Obama. They are the kinds of so-called whistleblowers I wouldn't mind seeing prosecuted, & I'd say the same thing if Dubya were still president. On something like this, the POTUS should be allowed plausible (or implausible) deniability. If the story comes out after s/he's out of office, there's little harm done to national security. This isn't waterboarding, for Pete's sake. It's gathering intel on world leaders whose interests are different from ours. Ed Snowden, BTW, is still a fucking traitor, & the leakers here aren't a helluva lot better. ...
... Mark Landler & David Sanger of the New York Times: "President Obama is poised to order the National Security Agency to stop eavesdropping on the leaders of American allies, administration and congressional officials said Monday, responding to a deepening diplomatic crisis over reports that the agency had for years targeted the cellphone of Chancellor Angela Merkel of Germany. The White House informed a leading Democratic lawmaker, Senator Dianne Feinstein of California, of its plans, which grew out of a broader internal review of intelligence-gathering methods, prompted by the leak of N.S.A. documents by a former contractor, Edward J. Snowden.... The crossed wires between the White House and Ms. Feinstein were an indication of how the furor over the N.S.A.'s methods is testing even the administration's staunchest defenders.... The White House said Monday evening that no final decision had been made on the monitoring of friendly foreign leaders. But the disclosure that it is moving to prohibit it signals a landmark shift for the National Security Agency, which has had nearly unfettered powers to collect data on tens of millions of people around the world, from ordinary citizens to heads of state...." ...
... Basta. Jeremy Herb of the Hill: "Senate Intelligence Chairwoman Dianne Feinstein (D-Calif.) on Monday called for a 'total review' of all intelligence collection programs as she criticized the National Security Agency for spying on foreign leaders.... Feinstein has been one of the NSA's staunchest congressional defenders amid the uproar over its phone records surveillance, but she said that the spying on foreign leaders without President Obama's knowledge was a 'big problem.'" ...
... Gene Robinson on "the out-of-control NSA."
Joe Drape of the New York Times: "Penn State has agreed to pay $59.7 million to 26 sexual abuse victims of the former assistant football coach Jerry Sandusky in exchange for an end to their claims against the university, the school announced Monday."
Gubernatorial Race
Laura Vozzella & Peyton Craighill of the Washington Post: "Democrat Terry McAuliffe has opened a double-digit lead over Republican Ken Cuccinelli II in the race for Virginia governor, in a new poll capturing increasing dissatisfaction among voters with Cuccinelli's party and his conservative views." CW: Now let's see if Virginia's new voter suppression law will help out Li'l Kenny. It might. But probably not enough.
News Lede
Washington Post: American forces are assisting local troops in African nations in an effort to capture Joseph Kony, leader of the Lord's Resistance Army..., which "has spent years kidnapping and killing villagers ... across a wide swath of central Africa."