Tuesday, March 31, 2015
Tuesday, March 31, 2015
News Clips For The Day
http://news.yahoo.com/u-supreme-court-rejects-obamacare-death-panel-challenge-133800487--finance.html
U.S. Supreme Court rejects Obamacare 'death panel' challenge
Reuters By Lawrence Hurley
March 30, 2015
Photograph – U.S. President Barack Obama delivers remarks on the fifth anniversary of the Affordable Care Act, commonly …
WASHINGTON (Reuters) - The U.S. Supreme Court on Monday declined to hear a new challenge to President Barack Obama's healthcare law that took aim at a bureaucratic board labeled by some Republicans as a "death panel" because it was designed to cut Medicare costs.
The high court left intact a ruling by the San Francisco-based 9th U.S. Circuit Court of Appeals that threw out the lawsuit.
The court’s action in an unsigned order was a victory for Obama administration, which has faced a barrage of legal challenges to the 2010 Affordable Care Act, often called Obamacare. The court is currently weighing a separate case challenging health insurance subsidies that are key to Obamacare’s implementation. A ruling is due by the end of June.
In the case that the justices rejected on Monday, Arizona-based business owner Nick Coons and Dr. Eric Novack, an orthopedic surgeon, sued in 2011 in litigation backed by a conservative legal group.
Among other things, they challenged the Independent Payment Advisory Board, or IPAB, a 15-member government panel dubbed by some Republicans as a "death panel" because of its intended role in trimming costs within Medicare, the government healthcare program for the elderly and disabled.
Lower courts threw out the lawsuit. In its August 2014 ruling, the appeals court said that the plaintiffs had not shown they had suffered any harm that they could sue over.
On the IPAB claim, the court noted that under the terms of the healthcare law, the board acts only if Medicare spending increases at a certain level. The earliest it could ever take any action that could potentially reduce Novack’s Medicare reimbursements would be in 2019.
The plaintiffs, represented by the Phoenix, Arizona-based conservative Goldwater Institute, also challenged a provision of the law, known as the individual mandate, that requires Americans to obtain health insurance. Those claims were also rejected.
The Supreme Court upheld the constitutionality of the individual mandate in 2012.
The case on which the court acted on is Coons v. Lew, U.S. Supreme Court, No. 14-525.
(Reporting by Lawrence Hurley; Editing by Will Dunham)
“The court’s action in an unsigned order was a victory for Obama administration, which has faced a barrage of legal challenges to the 2010 Affordable Care Act, often called Obamacare. The court is currently weighing a separate case challenging health insurance subsidies that are key to Obamacare’s implementation. A ruling is due by the end of June. In the case that the justices rejected on Monday, Arizona-based business owner Nick Coons and Dr. Eric Novack, an orthopedic surgeon, sued in 2011 in litigation backed by a conservative legal group. Among other things, they challenged the Independent Payment Advisory Board, or IPAB, a 15-member government panel dubbed by some Republicans as a "death panel" because of its intended role in trimming costs within Medicare, the government healthcare program for the elderly and disabled. …. The plaintiffs, represented by the Phoenix, Arizona-based conservative Goldwater Institute, also challenged a provision of the law, known as the individual mandate, that requires Americans to obtain health insurance. Those claims were also rejected. The Supreme Court upheld the constitutionality of the individual mandate in 2012.”
Now the Supreme Court needs to clarify the issue of whether subsidies will be issued to low income individuals to subsidize their monthly insurance costs. The last I heard a number of states, especially in the South, have refused to set up a state listing of insurance plans for the buyer to choose from and then are denying subsidies on the basis of the exact wording of the ACA. They have said that only if the state has set up such a list can the individual buyer receive a subsidy from the government. They are taking a very narrow reading on the wording in question, while the progressives are claiming that whether or not the state set the listing up, the citizen will still qualify for help. Their aim, of course, if to topple the controversial law by any number of methods. This is just one.
http://www.politicususa.com/2015/03/28/wisconsin-eliminating-weekends-koch-idea-nation-slave-labor.html
Wisconsin Eliminating Weekends Is Another Koch Idea For A Nation of Slave Labor
By: Rmuse
Saturday, March, 28th, 2015
Despite what Republicans tend to advertize ad nauseum, American workers are extremely productive, work longer hours for less wages, and are fortunate if they receive a week off work for a vacation. Workers do, however, have an advantage over indentured slaves and workers prior to Franklin Delano Roosevelt’s New Deal that enacted most of what the Koch brothers, Chamber of Commerce, and Republicans claim are unnecessary “perks” labor does not deserve; lunch breaks, worker safety laws, overtime pay, and one day off each week. Republicans have opposed all of the New Deal worker provisions since their inception and with funding from the Koch brothers are getting closer to fulfilling their 80-year goal of gutting workplace laws.
The Koch brothers were not satisfied with Wisconsin Governor Scott Walker imposing Act 10, the law that abolished collective bargaining, fair compensation, retirement, health insurance, and sick leave of public sector employees, or the so-called ‘right to work’ law he recently signed. Many Democrats expected Walker to eliminate the state’s ‘prevailing wage’ law requiring workers on public projects to be paid the established going rate for their labor. Instead of eliminating prevailing wage laws, Koch-Republicans’ decided to eliminate weekends and impose a ‘voluntary’ 7-day work week.
Abolishing the day-off law is another Koch machination to further cut Wisconsin workers’ pay, kill jobs, and increase profits for business. Republicans re-introduced a Koch-manufacturing industry law to eliminate weekends and impose 7-day work weeks as another step toward the Koch’s plan to eliminate all labor laws in the nation. Eliminating New Deal workplace protections is an 80-year goal they now have an unlimited funding machine to finally see to completion.
The latest Koch assault on workers’ rights is nearing fruition in Wisconsin with an anti-worker atrocity that eliminates weekends, or as the law’s sponsor likes to call it; a ‘paperwork reduction’ act. The legislation is a repeat of an attempt last year to wipe out weekends after Wisconsin’s largest business organization, the Wisconsin Manufacturers and Commerce, introduced a version that the Republican legislature failed to pass because they ran out of time to enact it before the end of the session. The new law will give factory and retail employers the right to keep workers on the job for 7 straight days, and more, if the workers are “pressured” into “voluntarily agreeing” to give up their day(s) off.
As Wisconsin law stands now, an employer has to petition the Department of Workforce Development for a waiver to suspend the ‘weekend off’ law if workers “choose” to work without a day off; if that is what the employer “requests.” As a law professor at Marquette University, Paul Secunda, said, the new law and the term “voluntary completely ignores the power dynamic in the workplace, where workers have a proverbial gun to their head and understand that if the boss demands they work 7 or more days without rest, they’ll be volunteering or else.” Eliminating a guaranteed weekend is just another step in Walker’s anti-worker crusade that includes eliminating collective bargaining rights and enacting the Koch (ALEC) written “right to work” law guaranteeing Draconian workplace conditions and lower pay.
The Koch surrogates who introduced the ‘abolish weekend’ law said the idea was brought to them by the Wisconsin Manufacturers and Commerce organization after they discovered that as long as minimum wage requirements were met, employers could ‘request’ that workers ‘volunteer’ to work without a day off. As an aside, Scott Walker hates the idea of a minimum wage he thinks serves no useful purpose because his funding machine the Koch brothers hate it. The two Republicans who introduced the weekend abolition bill said they asked several businesses with employees about the law and were told that the workers wanted to work without any days off. Likely they were the same businesses that supported, and won, elimination of child labor laws in Wisconsin the Koch brothers believe are an abomination and unfair to business.
All of the anti-worker laws being enacted in Wisconsin are part and parcel of the Koch-Republican crusade to repeal all state and federal labor laws including minimum wage, overtime pay, weekends off, abolition of the Occupational Safety and Health Act (OSHA), National Labor Relations Board (NLRB), and Workers’ Compensation protection for workers injured on the job. In Oklahoma, the Chamber of Commerce, and the Koch brothers legislative arm ALEC, succeeded in fulfilling one of the Koch’s wishes and repealed workers’ compensation in the state because the Kochs and the Chamber of Commerce claim that employers should not be penalized for imposing dangerous working conditions on their employees.
These attacks on labor are not reserved to Republican states, but that is where they originated thanks to the Koch-funded American Legislative Exchange Council. In many Republican-controlled states sick pay is under heavy assault with some even banning localities from passing a law requiring it. Last April in Oklahoma the governor, Mary Fallin, signed a law into effect banning cities from democratically voting to pass minimum wage increases, enact paid sick days and paid vacation requirements. Also last year at the national level, former House majority leader Eric Cantor pushed through federal legislation eliminating overtime pay that means tens-of-millions of hourly-wage workers would have had to work overtime during scheduled days off, during vacations, or after their regular shift ends without the benefit of extra pay. Republicans promoted the Draconian legislation as one of their storied “job creation bills.” Fortunately it was panned in the Democratically-controlled Senate; it will likely pass easily now that the Kochs bought control of the upper chamber for Republicans.
There is no end to the assault on American workers that goes far beyond just refusing to raise the minimum wage. The experiments being conducted in Wisconsin are gifts to the Koch brothers that Republicans in Congress will begin passing as part of their free market crusade to effectively wipe out the middle class. Since 2010, Republicans have ratcheted up their claim that eliminating the minimum wage will induce industry into a hiring frenzy, but with accompanying legislation eliminating overtime pay and weekends off, not only will job creation suffer drastically, the entire workforce will become little more than slave labor which is, after all, what the New Deal put an end to for 80 years. However, for 80 years Republicans longingly sought a means to eliminate New Deal workforce protections that Ronald Reagan claimed were Fascist. Now that the Koch brothers own Congress, the real fascists are a step closer to realizing their vision of an America with no workplace protections and an entire population of slave labor.
Citizens United v. FEC
From Wikipedia, the free encyclopedia
Citizens United v. Federal Election Commission, No. 08-205, 558 U.S. 310 (2010)[dead link], is aU.S. constitutional law case dealing with the regulation of campaign spending by organizations. The United States Supreme Court held that the First Amendment prohibited the government from restricting independent political expenditures by anonprofit corporation. The principles articulated by the Supreme Court in the case have also been extended to for-profit corporations, labor unionsand other associations.
In the case, the conservative lobbying groupCitizens United wanted to air a film critical of Hillary Clinton and to advertise the film during television broadcasts in apparent violation of the 2002Bipartisan Campaign Reform Act (commonly known as the McCain–Feingold Act or "BCRA").[2] Section 203 of BCRA defined an "electioneering communication" as a broadcast, cable, or satellite communication that mentioned a candidate within 60 days of a general election or 30 days of a primary, and prohibited such expenditures by corporations and unions.
The United States District Court for the District of Columbia held that §203 of BCRA applied and prohibited Citizens United from advertising the film Hillary: The Movie in broadcasts or paying to have it shown on television within 30 days of the 2008 Democratic primaries.[1][3] The Supreme Court reversed this decision, striking down those provisions of BCRA that prohibited corporations (including nonprofit corporations) and unions from making independent expenditures and "electioneering communications".[2]
The Court, however, upheld requirements for public disclosure by sponsors of advertisements (BCRA §201 and §311). The case did not involve the federal ban on direct contributions from corporations or unions to candidate campaigns or political parties, which remain illegal in races for federal office.[5]
Former Bush Solicitor General Ted Olson and First Amendment lawyer Floyd Abramsargued for Citizens United, and former Clinton Solicitor General Seth Waxman defended the statute on behalf of various supporters.[19] Legal scholar Erwin Chemerinsky called it "one of the most important First Amendment cases in years".[20]
“The Koch brothers were not satisfied with Wisconsin Governor Scott Walker imposing Act 10, the law that abolished collective bargaining, fair compensation, retirement, health insurance, and sick leave of public sector employees, or the so-called ‘right to work’ law he recently signed. Many Democrats expected Walker to eliminate the state’s ‘prevailing wage’ law requiring workers on public projects to be paid the established going rate for their labor. Instead of eliminating prevailing wage laws, Koch-Republicans’ decided to eliminate weekends and impose a ‘voluntary’ 7-day work week. …. The two Republicans who introduced the weekend abolition bill said they asked several businesses with employees about the law and were told that the workers wanted to work without any days off. Likely they were the same businesses that supported, and won, elimination of child labor laws in Wisconsin the Koch brothers believe are an abomination and unfair to business. …. In Oklahoma, the Chamber of Commerce, and the Koch brothers legislative arm ALEC, succeeded in fulfilling one of the Koch’s wishes and repealed workers’ compensation in the state because the Kochs and the Chamber of Commerce claim that employers should not be penalized for imposing dangerous working conditions on their employees. These attacks on labor are not reserved to Republican states, but that is where they originated thanks to the Koch-funded American Legislative Exchange Council. In many Republican-controlled states sick pay is under heavy assault with some even banning localities from passing a law requiring it. Last April in Oklahoma the governor, Mary Fallin, signed a law into effect banning cities from democratically voting to pass minimum wage increases, enact paid sick days and paid vacation requirements. Also last year at the national level, former House majority leader Eric Cantor pushed through federal legislation eliminating overtime pay that means tens-of-millions of hourly-wage workers would have had to work overtime during scheduled days off, during vacations, or after their regular shift ends without the benefit of extra pay. Republicans promoted the Draconian legislation as one of their storied “job creation bills.” …. The experiments being conducted in Wisconsin are gifts to the Koch brothers that Republicans in Congress will begin passing as part of their free market crusade to effectively wipe out the middle class. Since 2010, Republicans have ratcheted up their claim that eliminating the minimum wage will induce industry into a hiring frenzy, but with accompanying legislation eliminating overtime pay and weekends off, not only will job creation suffer drastically, the entire workforce will become little more than slave labor which is, after all, what the New Deal put an end to for 80 years.”
This article is strongly worded and emotional, but the situation it describes is dire. Democrats have been talking about the Koch brothers for several years now, and I didn't bother to look them up on the Internet, so I didn't see how great a difference they have made in the political world since 2010 when Citizens United won their case in the Supreme Court and the ability of the largest corporations to give unlimited amounts to political candidates was enacted.
The land of the free and the brave may already be gone by the wayside I'm afraid, but if not, it's time for our richest Democrats to buy up some state legislatures or invest heavily in voter registration of the feared Hispanic population and blacks, plus go into the black churches and address the members to arouse them politically. That was one of Martin Luther King's tactics. A number of people actually think that “Republicans and Democrats are all the same. That's a ridiculous statement to me, as it's obviously untrue. Some advocate a third political party. To me a third party candidate tends to knock the Democrat and Republican candidates out of the running, but not get enough votes to win – be “a spoiler” in other words. We might consider renaming the Democratic Party and strengthening our progressive stance.
Whatever we do, we need to be doing it now. The boldness of these recent moves in radically changing our legal structure is truly alarming. It's not just these laws against labor, but the Dominionist religious attempts to change our country into a theocracy and the attempts to water down or even destroy the public school system. Oh, yes, and then there's Social Security, Medicare, Medicade, and food stamps. I saw mention by a couple of the tea party members of making attendance at church mandatory. Eh, what?? That's preposterous. I hope that even this Republican dominated Supreme Court won't allow that. I have recently joined the ACLU and Southern Poverty Law Center because they do good work as watch dogs – and attack dogs, too. Attacking is probably what Democrats do best, actually, and the wacko in Indiana has noticeably pulled in his horns after the onslaught that has arisen against him. Maybe even if Republicans can buy elections, they can still be intimidated if they do want to live in their cushy governor's mansions a little longer.
RELIGIOUS FREEDOM CONTINUED – TWO ARTICLES
http://www.cbsnews.com/news/mike-pence-promises-to-clarify-indiana-religious-freedom-law/
Mike Pence promises to clarify Indiana religious freedom law
By REBECCA KAPLAN CBS NEWS
March 31, 2015
Video – How Indiana's "religious freedom" law differs from other states'
Amid an uproar over Indiana's new Religious Freedom Restoration Act, Gov. Mike Pence has promised to clarify the law to make it clear that it does not give businesses a license to deny service to gay and lesbian citizens.
Pence has coming under fire since he signed a religious freedom bill into law earlier this month. While supporters say the law ensures the government can't infringe on how they exercise their religious beliefs, opponents argue it gives individuals and businesses carte blanche to discriminate against gays and lesbians.
"After much reflection and in consultation with the leadership of the general assembly I've come to the conclusion that it would be helpful to move legislation this week that makes it clear that this law does not give businesses a right to deny services to anyone," Pence said at a press conference Tuesday morning.
"We want to make it clear that Indiana is open for business...that Hoosier hospitality is not a slogan, it's our way of life," he said.
The governor has consistently defended the law, writing in a Wall Street Journal op-ed published Monday evening, he wrote that he abhors discrimination and would not eat at a restaurant if he saw the owner refuse to serve a gay couple.
"Some express concern that Indiana's RFRA law would lead to discrimination, but RFRA only provides a mechanism to address claims, not a license for private parties to deny services. Even a claim involving private individuals under RFRA must show that one's religious beliefs were 'substantially burdened' and not in service to a broader government interest--which preventing discrimination certainly is. The government has the explicit power under the law to step in and defend such interests," he wrote.
Pence argued that the backlash was a result of the legislation being "grossly mischaracterized" by opponents and the national media.
"What explains the concerns that have been expressed across our state and across the nation is the mischaracterization...that's why I think we need to focus specifically on this perception that this creates some license to discriminate," he said.
But others are still gunning for a more robust change to Indiana state law. Indianapolis Mayor Greg Ballard on Monday afternoon called on the Indiana General Assembly to add sexual orientation as a protected class to its state civil rights law, in response to the state's new RFRA.
The front page of Tuesday's Indianapolis Star featured the words "Fix this now" in large white letters. Other state leaders have criticized the law and banned state- and city-funded travel to Indiana, and business leaders have vocally condemned it. The Indianapolis-based company Angie's List put a $40 million expansion project on hold, and Apple CEO Tim Cook authored an op-ed in the Washington Post, in which he wrote, "on behalf of Apple, I'm standing up to oppose this new wave of legislation -- wherever it emerges. I'm writing in the hopes that many more will join this movement. From North Carolina to Nevada, these bills under consideration truly will hurt jobs, growth and the economic vibrancy of parts of the country where a 21st-century economy was once welcomed with open arms."
“Amid an uproar over Indiana's new Religious Freedom Restoration Act, Gov. Mike Pence has promised to clarify the law to make it clear that it does not give businesses a license to deny service to gay and lesbian citizens. …. "After much reflection and in consultation with the leadership of the general assembly I've come to the conclusion that it would be helpful to move legislation this week that makes it clear that this law does not give businesses a right to deny services to anyone," Pence said at a press conference Tuesday morning. "We want to make it clear that Indiana is open for …. Even a claim involving private individuals under RFRA must show that one's religious beliefs were 'substantially burdened' and not in service to a broader government interest--which preventing discrimination certainly is. The government has the explicit power under the law to step in and defend such interests," he wrote. …. But others are still gunning for a more robust change to Indiana state law. Indianapolis Mayor Greg Ballard on Monday afternoon called on the Indiana General Assembly to add sexual orientation as a protected class to its state civil rights law, in response to the state's new RFRA. …. From North Carolina to Nevada, these bills under consideration truly will hurt jobs, growth and the economic vibrancy of parts of the country where a 21st-century economy was once welcomed with open arms."
As Apple's Tim Cook pointed out, doing outrageous and unacceptable things as a Koch puppet will not, in the end help business, which is supposed to be the Republican Party's bottom line in all cases. Maybe “what's good for General Motors is good for the USA” is not really a good rule of thumb.
http://news.yahoo.com/whos-pushing-religious-freedom-legislation-states-203000443.html
Who's pushing the 'religious freedom' legislation in states?
The Christian Science Monitor
By Lisa Suhay
March 30, 2015
Indiana's 'Religious Freedom Restoration Act' is kicking up a media storm over discrimination toward homosexuals. Some say Indiana's new law is the result of the reach of a conservative group that helps write model legislation.
A recent opinion piece by Apple’s CEO,Tim Cook, lamented Indiana’s new 'Religious Freedom Restoration Act' as what he characterized as a “wave of legislation" which some claim is the result of the emerging power and reach of conservative "bill mills."
Related Stories
1. UPDATE: Indiana Gov Seeks To 'Clarify' Contentious 'Religious Freedom' LawHuffington Post
2. Religious Freedom Restoration Acts Restore Bigotry and Repression Huffington Post
3. Religious Freedom Restoration Act is No Way to Govern Huffington Post
4. San Francisco Is First Major City To Boycott Indiana Over LGBT Discrimination Law Huffington Post
5. Backlash builds over Indiana's religious freedom law CBS News
“There’s something very dangerous happening in states across the country. A wave of legislation, introduced in more than two dozen states, would allow people to discriminate against their neighbors,” Mr. Cook wrote in The Washington Post. “Some, such as the bill enacted in Indiana last week that drew a national outcry and one passed in Arkansas, say individuals can cite their personal religious beliefs to refuse service to a customer or resist a state nondiscrimination law. Others are more transparent in their effort to discriminate.”
Cook was referring to Indiana Gov. Mike Pence and his state's new "religious freedom" law, which gives business owners the right to decline serving customers based on religious grounds – in effect turning away LGBT customers
Recommended: How much do you know about gay rights in America? Take the quiz!
Some Democrats and political analysts say that the "wave" Cook refers to is not originating with voters, but rather conservative "bill mills" that finance state legislators to attend educational conferences that may provide both unified ideas and prefabricated bills to take home. Specifically, they see The American Legislative Exchange Council (ALEC) as the primary driver of conservative state laws.
But when asked whether ALEC was involved in supporting the Religious Freedom Restoration Act, ALEC spokesperson Bill Meierling responds: “We do not work on firearms, marriage equality, immigration, any of those things people frequently say are ours.”
Still, North Carolina state Rep. Graig R. Meyer of (D) Durham says that ALEC is having a profound effect on how state legislators in his state are picking their targets.
“While ALEC may not be directly distributing the template legislation we’re seeing pop up all over the country, they are primarily the network for legislative exchange that is operating as a provider of educational seminars and conferences,” Mr. Meyer says in a phone interview.
One such ALEC conference was held in North Carolina. “While nobody can say for sure where the next religious freedom law bill will pop up, it’s probably a safe bet to look at where their most recent national conferences were held and where the next one will be,” says Meyer.
The last ALEC national conference was held in December in Washington, D.C. The next one coming up will be in San Diego, Calif., according to ALEC's Meierling. He describes the organization as "an exchange of legislators and entrepreneurs who come together to discuss policy.”
A Source Watch report on the legislative authors of Indiana's Religious Freedom Restoration Act (RFRA) shows many are also on the ALEC Indiana membership list. Three of the bill's co-authors are also ALEC Task Force committee chairs, including Indiana state Sen. Carlin J. Yoder (R) of District 12, Sen. Jean Leising (R) of District 42, and Sen. Jim Buck (R) of District 21, according to Source Watch.
Other Democratic legislators say ALEC is shaping conservative legislation in their state. For example, Arizona state Sen. Steve Farley sees the non-profit group as a driver of debate on gun legislation and the recently aired idea of mandating church attendance in his state.
Both concepts were championed by Arizona state Sen. Sylvia Allen, (R) of Snowflake. While ALEC’s website does not currently list gun legislation as part of its national agenda, Mr. Farley points out that the organization once pushed the proliferation of state Stand Your Ground Law laws.
Farley describes the comments by Senator Allen as "all part of a mindset that is driving one piece of bad gun legislation after another, not just here but nationally," he says. "This is the same mindset allowing businesses in Indiana to refuse service to the LGBT community. A culture of gun-toting, prejudice is consciously being spread all over the place and the American Legislative Exchange Council (ALEC) is using leaders like Sylvia Allen to spread this legislative thinking."
Source Watch lists current and former Arizona politicians who are ALEC members, including Sylvia Allen.
Meierling at ALEC responds that Senator Allen is not listed as an ALEC member, although Arizona has been the site of ALEC conferences.
“All of our policy is essentially related to economic freedom, decreasing the cost of doing business and creating a stable and predictable business environment,” Meierling says. “As you might imagine, none of the things Senator Farley talked about have anything to do with a stable and predictable business environment. So it fits quite nicely that we’re not actually doing any of that.”
Meierling adds, “Limited government, free market and Federalism – if it doesn’t have to do with those three things we don’t do it.”
"It’s semantics," says Michael J. Gerhardt, director of the Center for Law and Government at the University of North Carolina at Chapel Hill. He continues that " ALEC has a relationship with legislators and people in the Republican Party that strikes me as unhealthy.... This is very disconcerting to those following the pattern of influence by ALEC across the nation coming perhaps in part as a result of the educational conferences they hold for Republican legislators.”
Meanwhile, in Virginia, the liberal advocacy group Progress Virginia is attempting to “Close the ALEC loophole” via an ethics bill which which seeks to end the practice of allowing legislators to seek reimbursement – or scholarships – for travel to educational conferences, such as those offered by ALEC.
“It is our contention that no individual, legislator or not, is an expert on all things and it’s incumbent on each individual – particularly those who are elected leaders - to seek ongoing education,” says Meierling, the ALEC spokesman. “Of course there’s this thing called human free will. So legislators are going to decide for themselves and decide on behalf of their constituents what is best for their specific community. But, how can they make the best decisions if they have no information? So we, we, encourage legislators to come and participate with us, even when they disagree, or agree.”
Deborah Gerhardt, a law professor in North Carolina is fighting what she refers to as “ALEC-driven education legislation" being offered in the North Carolina State Legislature concludes, “People don’t realize the magnitude of ALEC’s influence in legislatures all over the nation right now. We need more to come to light.”
Related stories
How much do you know about gay rights in America? Take the quiz!
Indiana Gov. Mike Pence scrambles to 'clarify' new religious freedom law
Arkansas follows Indiana into 'religious freedom' fight (+video)
Sen. Sylvia Allen: Would 'mandatory church' lead to 'moral rebirth'? (+video)
“A recent opinion piece by Apple’s CEO,Tim Cook, lamented Indiana’s new 'Religious Freedom Restoration Act' as what he characterized as a “wave of legislation" which some claim is the result of the emerging power and reach of conservative "bill mills." …. Some Democrats and political analysts say that the "wave" Cook refers to is not originating with voters, but rather conservative "bill mills" that finance state legislators to attend educational conferences that may provide both unified ideas and prefabricated bills to take home. Specifically, they see The American Legislative Exchange Council (ALEC) as the primary driver of conservative state laws. .... “While ALEC may not be directly distributing the template legislation we’re seeing pop up all over the country, they are primarily the network for legislative exchange that is operating as a provider of educational seminars and conferences,” Mr. Meyer says in a phone interview. One such ALEC conference was held in North Carolina. “While nobody can say for sure where the next religious freedom law bill will pop up, it’s probably a safe bet to look at where their most recent national conferences were held and where the next one will be,” says Meyer. …. The last ALEC national conference was held in December in Washington, D.C. The next one coming up will be in San Diego, Calif., according to ALEC's Meierling. He describes the organization as "an exchange of legislators and entrepreneurs who come together to discuss policy.” …. Other Democratic legislators say ALEC is shaping conservative legislation in their state. For example, Arizona state Sen. Steve Farley sees the non-profit group as a driver of debate on gun legislation and the recently aired idea of mandating church attendance in his state. Both concepts were championed by Arizona state Sen. Sylvia Allen, (R) of Snowflake. While ALEC’s website does not currently list gun legislation as part of its national agenda, Mr. Farley points out that the organization once pushed the proliferation of state Stand Your Ground Law laws. …. Meierling adds, “Limited government, free market and Federalism – if it doesn’t have to do with those three things we don’t do it.” "It’s semantics," says Michael J. Gerhardt, director of the Center for Law and Government at the University of North Carolina at Chapel Hill. He continues that " ALEC has a relationship with legislators and people in the Republican Party that strikes me as unhealthy.... This is very disconcerting to those following the pattern of influence by ALEC across the nation coming perhaps in part as a result of the educational conferences they hold for Republican legislators.” …. Deborah Gerhardt, a law professor in North Carolina is fighting what she refers to as “ALEC-driven education legislation" being offered in the North Carolina State Legislature concludes, “People don’t realize the magnitude of ALEC’s influence in legislatures all over the nation right now. We need more to come to light.”
Are you scared yet? One commenter on yesterday's story about these laws called the liberal outcry – which has been huge – “hysteria.” I would agree that it is outrage and real unease about the health of our beloved nation, but it is not hysterical knee-jerk unthought-out or group-based emotionalism. It is based on the future of our country and taken from the deepest American traditions. When I first saw those kinda goofy-looking Tea Partiers on the news several years ago, I didn't take their potential threat too seriously, but what they are doing even in the short time of a few years is outrageous and unprecedented. The fact that so many of them make truly foul and anti-democratic statements about subjects from slavery to destroying the public school system and even Social Security, is not causing the massive and horrified disavowal of those more idiotic leaders, and that alone is scary. There are people out there who agree with them. We need to make social connections and mobilize. This is an out and out war.
http://www.cbsnews.com/news/large-scale-cheating-allegations-rock-stanford-campus/
Large-scale cheating allegations rock Stanford campus
CBS NEWS
March 31, 2015
Photograph – A group of school kids tours the Stanford University campus on May 22, 2014 in Stanford, California. JUSTIN SULLIVAN, GETTY IMAGES
STANFORD -- Possible cheating among a large number of students has caused turmoil on the Stanford University campus, CBS station KPIX reports.
The University Provost sent a letter to faculty and staff discussing an unusually high number of troubling allegations of academic dishonesty. One instructor reported that as many as 20 percent of the students in a large introductory course cheated.
"The cheating is an issue in large courses like economics, math, computer science where you have hundreds of students. I would say it's especially a challenge in courses where there are not necessarily right or wrong answers," Stanford civil engineering professor Raymond Levitt told KPIX.
Levitt said he has caught only a handful of students cheating in the last 30 years. But the university emphasized that technology and widespread sharing in the collaborative culture can be harmful.
"Computer science classes in general tend to allow more sharing to occur, especially with things like coding," said undergrad Marrya Abbasi.
Students told KPIX that they are required to sign the honor code before any blue book exam. The school reminded professors to have conversations with students about it.
"I don't think it's easy to cheat, I think that the honor code is something we're constantly reinforced with during exams, but this instance kind of brought to light some of the deviant behavior," said Abbasi.
The university said it is investigating the allegations. It won't say how many students are suspected of cheating, but the school's paper said about 120 students in the class CS106A, an introductory computer science course, could be in trouble.
"It's a pretty grave concern," said student Colin Bailie. "I think Stanford students are under a lot of pressure here, and this is certainly an indication of their cracking."
“The University Provost sent a letter to faculty and staff discussing an unusually high number of troubling allegations of academic dishonesty. One instructor reported that as many as 20 percent of the students in a large introductory course cheated. "The cheating is an issue in large courses like economics, math, computer science where you have hundreds of students. I would say it's especially a challenge in courses where there are not necessarily right or wrong answers," Stanford civil engineering professor Raymond Levitt told KPIX. Levitt said he has caught only a handful of students cheating in the last 30 years. But the university emphasized that technology and widespread sharing in the collaborative culture can be harmful. …. "I don't think it's easy to cheat, I think that the honor code is something we're constantly reinforced with during exams, but this instance kind of brought to light some of the deviant behavior," said Abbasi.”
When I went to a small Methodist college there was an honor code, and then again at UNC-Chapel Hill. I always thought it was a crock. If students aren't honest and they're afraid of not doing well they may well cheat, with or without the honor code. We have always had cheating. Twenty percent is a lot it seems to me, though, and I can't help wondering if the high schools are failing to prepare kids to do college work nowadays. If so, that's a societal problem. There is a large gap in difficulty between the average high school and even the first year college courses, which are generally set up to prepare a the students for the more difficult courses. The first English course will be a writing course most likely. Many kids are taught to be proficient in reading, but not so much in writing. In my opinion we don't teach high school kids enough really challenging material, except in college prep academies, and too often those charge a high tuition for attendance, so that the poor really aren't prepared for a college like Stanford.
FAUX NEWS SUBJECTS IN THE NEWS THE LAST FEW DAYS: THESE ARE M AINLY FOR FUN. ENJOY THEM.
http://boingboing.net/2015/03/27/lets-compare-the-backgrounds.html
Let's compare the backgrounds of science writers for Fox and NPR
FAUX NEWS – We Make It Up
By Boing Boing
Fri, Mar 27, 2015
GhostofAlyeska says he was "simply curious who Fox News' science reporters are. I wanted to know what kind of scientific backgrounds they might have." Here's what he found:
NPR's science correspondents include:
Shankar Vedantam, who has been honored by the American Public Health Association, is the author of The Hidden Brain: How our Unconscious Minds Elect Presidents, Control Markets, Wage Wars and Save Our Lives, and participated in the 2005 Templeton-Cambridge Fellowship on Science and Religion, the 2003-2004 World Health Organization Journalism Fellowship, and the 2002-2003 Rosalynn Carter Mental Health Journalism Fellowship.
Joe Palca, who worked as an editor for Nature, a senior correspondent forScience Magazine, and a science writer in residence at the Huntington Library, and has won the National Academies Communications Award, the Science-in-Society Award of the National Association of Science Writers, the American Chemical Society James T. Grady-James H. Stack Award for Interpreting Chemistry for the Public, the American Association for the Advancement of Science Journalism Prize, and the Victor Cohn Prize for Excellence in Medical Writing. Palca holds a Ph.D. in psychology from the University of California at Santa Cruz.
Rob Stein, who worked at The Washington Post for 16 years, first as the newspaper's science editor and then as a national health reporter. He's also been a science reporter for United Press International (UPI) in Boston and the science editor of the international wire service in Washington. He completed a program in science and religion at the University of Cambridge, and a summer science writer's workshop at the Marine Biological Laboratory, and has been honored by the National Academy of Sciences, the American Association for the Advancement of Science and the Association of Health Care Journalists.
Geoff Brumfiel, who was a senior reporter for Nature Magazine, and was the 2013 winner of the Association of British Science Writers award. He graduated from Grinnell College with a BA double degree in physics and English, and earned his Masters in science writing from Johns Hopkins University.
And of course, there's Ira Flatow, host of Science Friday, which is carried on many NPR stations.
I wanted to see how Fox News' science writers compared, so I went back over scores of their science articles, starting with the most recent, to identify and research the various authors. Here's what I found:
Arden Dier, Evann Gastaldo, John Johnson, Kate Seamons, Matt Cantor, Neal Colgrass, and Rob Quinn, who all moonlight for Newser.com, a "lowest bottom-feeder" (according to Salon) news aggregation website created byMichael Wolff, author of The Man Who Owns the News, a biography of Rupert Murdoch.
Walt Bonner, who previously wrote for World Wrestling Entertainment andFangoria magazine.
Jenn Gidman, a "creative editor, writer, blogger, and content manager". Her specialties include, "social media analysis", "blogging about entertainment", "parenting", and "branding/marketing".
Brian Mastroianni, who received a journalism degree "with a concentration in arts and culture reporting". Skills and interests: "basic video shooting", "digital editing", "HTML and web page design", "newspaper/magazine page design", and "on-camera reporting".
Kyle Rothenberg, whose degrees are in telecommunications and mass communication. Work experience: camera operator, news intern, and host.
John Hagee, the ultra right-wing megachurch leader, who in March 2015 wrote about so-called "blood moon prohecy" for Fox News, which they categorize under "Science > Moon".
Aalia Shaheed, whose degrees are in Spanish language and literature, and broadcast journalism. Her specialties are "video production, editing, and live shots."
Many of their other science articles are then taken from sites run by Purch, which is a "rapidly growing, constantly evolving digital content and services company that helps millions of people make smarter purchases."
http://www.occupydemocrats.com/watch-snl-brilliantly-destroys-indianas-anti-gay-law-in-30-seconds/
Watch: SNL Brilliantly Destroys Indianas Anti-Gay Law in 30 Seconds
by: Omar Rivero
March 29, 2015
It took Saturday Night live one brilliant joke and only thirty seconds to eviscerate Indiana’s anti-gay “religious exemption” law that was signed into law by Republican Governor Mike Pence.
The joke was so damning, it drew a sharp applause from the crowd and forced the host to take a pause until their cheering ended.
Kudos to Saturday Night Live for standing up for LGBT Americans and putting Indiana Republicans in their place with this economic rebuttal to their bigotry.
This article is very frustrating because it's really a video more than an article, and it didn't quote the funny stuff that SNL had to say. I also don't have a speaker on my computer so I can't listen to it, either. You probably do, though, so have a look at it.
http://www.liveleak.com/view?i=68b_1426893773
Charles Lane Goes Off Script On Fox, Says It Ought To Be Easier For People To Vote
Added: Mar-20-2015 Occurred On: Mar-20-2015
By: dcmfox
image: http://edge.liveleak.com/80281E/u/u/ll2/premium_star_icon.gif
As we already discussed here, President Obama floated the idea of mandatory voting in the United States while speaking to a civic group in Cleveland on Wednesday, which of course had the right wing heads over at Faux "news" exploding everywhere.
The panel on Bret Baier's Special Report which included hate-talk radio host Laura Ingraham, Swanson heir and Fox weekend host Tucker Carlson and The Washington Post's Charles Lane was no exception, and after playing a clip of President Obama discussing whether voting ought to be mandatory -- and of Senator Big Gulp, a.k.a. Marco Rubio of Florida insisting that “not voting is a legitimate choice" on Hannity's show[/url]this week, Tucker Carlson was asked to weigh in on President Obama's remarks.
Again they said no more and this one was interesting. I really want to see more about Lane. I don't have cable TV, so I'm unfamiliar with who he is. Fox News commentator Lane had the guts, or the stupidity, to fail to follow the party line. This is good news, though I'm not sure myself how mandatory voting would fly. It's too much like mandatory church attendance which I saw recommended this week. The politician who recommended that wondered out loud whether or not mandatory church attendance would improve our morality as a nation. I don't think so. We are hard core crass and materialistic people in too many cases. Our hearts are lacking in sympathy with our fellow man, and winning is the only game in town rather than how we win. The Koch brothers exemplify that. He didn't deal with the issue of which church would be mandated either, and whether one's temple, ashram, or mosque could be substituted.
http://www.occupydemocrats.com/watch-fox-news-compares-gays-to-nazis-to-justify-indianas-bigoted-law/
Watch: FOX News Compares Gays to Nazis to Justify Indiana’s Bigoted Law
by: Omar Rivero
March 29, 2015
In this video clip, FOX News contributor Mike Gallagher took the conservative network’s bigotry to a whole new height when he drew an equivalency between gays wanting to be served at restaurants to “Nazis” seeking to have hate-filled “Swastika signs” made for a “skinhead rally”.
Alan Colmes couldn’t stop himself rolling his eyes at Gallagher, who came back at Colmes later on in the clip:
“Alan, why do you roll your eyes at making a Jewish sign-maker make a sign for a skinhead rally?”
Really? Republicans and Fox “news” are so desperate to justify their discrimination and bigotry towards the gay community that they are down to their last tool: comparing them to nazis.
It’s not only insulting, it’s pathetic.
“In this video clip, FOX News contributor Mike Gallagher took the conservative network’s bigotry to a whole new height when he drew an equivalency between gays wanting to be served at restaurants to “Nazis” seeking to have hate-filled “Swastika signs” made for a “skinhead rally”. …. Really? Republicans and Fox “news” are so desperate to justify their discrimination and bigotry towards the gay community that they are down to their last tool: comparing them to nazis. It’s not only insulting, it’s pathetic.”
Because I don't have cable I'm not able to see the rightwing talk show hosts on FOX anymore. As a result I am no longer annoyed as often, unless something like Family Feud comes on, or a soap opera. I ditched the very expensive Comcast as soon as the excellent new TV technology that provides clear and beautiful reception without a cable came out. I don't have lots of stations but I do have three news stations CBS, NBC and FOX. That isn't the Fox talk shows, but simple news and some broadcast shows including the Oldie Goldie channel MeTV. That means I get Law and Order, Bones, The Mentalist, Perry Mason, and much more.
TONGUE IN CHEEK, BUT CLEVER –
http://bigamericannews.com/2015/03/27/obama-orders-homosexual-chemtrail-missions-over-indiana-day-after-religious-freedom-bill-passed/
OBAMA ORDERS HOMOSEXUAL CHEMTRAIL MISSIONS OVER INDIANA DAY AFTER “RELIGIOUS FREEDOM BILL” PASSED
by Gene Fairbanks in Lifestyle & Culture
Sunday, March 29, 2015
Photograph – Obama administration sanctioned Homosexual chemtrail missions are being flown over Indiana. Reports of homosexual outbreaks have increased since 0657 Eastern time. It remains unconfirmed if the plane pictured is Air Force One itself flying over Indiana and leaking homosexual-inducing chemtrails on the male population. (Photoshopped jet plane trailing pastel colored contrails shown.)
Homosexuality is spreading in Indiana. Only one day after Indiana Governor Mike Pence tried to protect Christian businesses from onslaughts of gay customers, it seems Obama has ordered an increase in homosexual chemtrail missions to be flown over the state.
Families awoke to horror early Friday morning, married men in a daze. One woman from Brownsburg said she woke up at 5:30 due to awkward noises coming from her husband’s office study. When she peaked in she saw him ‘looking at gay internet websites and being stimulated by them.”
The woman’s testimony matches that in other regions where homosexual chemtrail missions are being flown. The CDC estimates that for every 100 men, five are admitted gay. But recently there is a new statistic showing that an incredible 48 out of 100 men are secretly or agnostic gay.
This confusing increase in homosexuality is directly related to the homosexual chemtrail missions. The Obama Administration has turned Soviet-era bioweapons, designed to turn enemy armies gay, into an aerosol vapor whose ethyrs are very similar to crystal meth.
While the fashionable carnival glass, rainbow colored appearance is not intentional, it does serve as an almost ominous, symbolic warning to straight men: homosexuality is literally being rained down from the sky and upon them. Men are no longer in full control of their homosexuality, they are no longer free to make the choice 100% for themselves.
This new chemical warfare is giving them a higher proclivity for homosexuality. Many more women in Indiana will find their husbands looking at lurid gay internet sites or if they check their phone history, may see they are trying to get a Craigslist or Grindr hook-up.
Today many men are protesting Governor Pence and do not even know why they are doing it. Why are they so mad at the governor for trying to protect the greater Indianapolis area from becoming a Sodomy-Megalopolis, something we’ve seen happen time and time again on the East coast.
Several sources indicate they believe they saw Air Force One itself flying over Indiana, squirting out the rainbow-colored gas vapor that could very well turn many more men to homosexuality.
The mists of homosexual chemtrails coalesces with natural water vapor in the sky, then eventually come closer to the ground as breathable air.
While the colors of the homosexual inducing chemtrails is alluring, perhaps like a carnival glass of which gay love to use to decorate their spacious, modern homes, the effects of breathing it are inimitable: sudden primal urge for foreign testosterone, increased appetite for deep sarcasm and satiating one’s most innate wanton desires.
The chemtrails form mini cyclones when mixing with the air, then shoot down in a stream to the land. Men are breathing these chemicals into their lungs and becoming increasingly confused on their homosexuality, having trouble fighting off urges to experiment with their new desires.
http://news.yahoo.com/putin-letter-arab-summit-triggers-strong-saudi-attack-124059771.html
Putin letter to Arab summit triggers strong Saudi attack
Reuters
By Yara Bayoumy and Mahmoud Mourad
March 29, 2015
Related Stories
1. Arab leaders agree joint military forceAFP
2. Yemen's Hadi will not return to Aden 'for now': FM AFP
3. Yemen's president calls Shiite rebels 'puppets of Iran' Associated Press
4. Joint military action, Yemen to dominate Arab summit AFP
5. Gulf Arabs respond with alarm to Kerry comment on Assad talks Reuters
SHARM EL-SHEIKH, Egypt (Reuters) - Saudi Arabia accused Russian President Vladimir Putin of hypocrisy on Sunday, telling an Arab summit that he should not express support for the Middle East while fueling instability by supporting Syrian leader Bashar al-Assad.
In a rare move, Egyptian President Abdel Fattah al-Sisi announced that a letter from Putin would be read out to the gathering in Egypt, where Arab leaders discussed an array of regional crises, including conflicts in Syria, Yemen and Libya.
"We support the Arabs' aspirations for a prosperous future and for the resolution of all the problems the Arab world faces through peaceful means, without any external interference," Putin said in the letter.
His comments triggered a sharp attack from Saudi Foreign Minister Prince Saud al-Faisal.
"He speaks about the problems in the Middle East as though Russia is not influencing these problems," he told the summit right after the letter was read out.
Relations between Saudi Arabia and Russia have been cool over Moscow's support for Assad, whom Riyadh opposes. The civil war between Assad's forces and rebels has cost more than 200,000 lives in four years.
"They speak about tragedies in Syria while they are an essential part of the tragedies befalling the Syrian people, by arming the Syrian regime above and beyond what it needs to fight its own people," Prince Saud said.
"I hope that the Russian president corrects this so that the Arab world's relations with Russia can be at their best level."
The Saudi rebuke may have been awkward for summit host Egypt, which depends heavily on billions of dollars in support from Saudi Arabia and other Gulf Arab allies, but has also improved ties with Moscow.
In February, Putin received a grand welcome in Egypt, signaling a rapprochement.
(Writing By Shadi Bushra; Editing by Michael Georgy and Raissa Kasolowsky)
“His comments triggered a sharp attack from Saudi Foreign Minister Prince Saud al-Faisal. "He speaks about the problems in the Middle East as though Russia is not influencing these problems," he told the summit right after the letter was read out. …. "They speak about tragedies in Syria while they are an essential part of the tragedies befalling the Syrian people, by arming the Syrian regime above and beyond what it needs to fight its own people," Prince Saud said. "I hope that the Russian president corrects this so that the Arab world's relations with Russia can be at their best level." The Saudi rebuke may have been awkward for summit host Egypt, which depends heavily on billions of dollars in support from Saudi Arabia and other Gulf Arab allies, but has also improved ties with Moscow. In February, Putin received a grand welcome in Egypt, signaling a rapprochement.”
Russia, just as the US does, involves itself in foreign countries from Cuba to Afghanistan to Eastern Europe and for the same reasons. It is inevitable that powerful nations will manipulate others in order to have a better price on oil and other resources and such things as a strategically located nation from which they/we can base some troops and defensive weapons. Russia is angry at NATO for placing weapons in countries that used to be under their thumb politically, but as long as they threaten us with continued activity in Cuba and the newer movements into Eastern Europe, it is only to be expected that we will maneuver to check their advances. Russia has always been a very aggressive nation, and unlike the US, does not favor democracy where it moves in. I'm glad to see Saudi Arabia push back.
http://news.yahoo.com/white-house-showed-reprehensible-animosity-towards-netanyahu-170050994.html
White House showed 'reprehensible animosity' to Netanyahu: Boehner
AFB March 29, 2015
Washington (AFP) - The Obama administration has displayed "reprehensible animosity" towards Israeli Prime Minister Benjamin Netanyahu, House Speaker John Boehner says.
Netanyahu's recent election victory dramatically exacerbated a diplomatic crisis with Washington, bringing his thorny relationship with US President Barack Obama into sharp focus.
In a bid to ramp up votes, Netanyahu had veered sharply to the right, vowing there would be no Palestinian state on his watch, promising to increase settlement construction and warning that Arab Israeli voters were going "in droves" to the polls, drawing a rebuke from the White House.
Republican Boehner, who invited Netanyahu to Washington in the lead-up to the Israeli election without consulting the White House, said on CNN's "State of the Union" Sunday: "I think the animosity exhibited by our administration toward the prime minister of Israel is reprehensible.
"And I think that the pressure that they've put on him over the last four or five years has, frankly, pushed him to the point where he had to speak up. I don't blame him at all for speaking up."
Boehner said his trip this week to Israel was planned "months ago."
"So it's not quite what I would describe as a victory lap," he added.
"There are serious issues and activities going on in the Middle East and I think it's critically important for members of Congress to hear from foreign leaders, other governments, other parts of their government to get a real handle on the challenges we face there."
Bilgewater! Obama's unhappiness at this new Netanyahu statement that there will be no Palestinian State on his watch is a slap in the face at the US for decades of peace-brokering attempts – all failed, of course. Israel intends to continue the fight against the Palestinian people until they give in. Unfortunately, the Palestinians are some tough customers, too, and will fight to their last breath. The peoples in both countries will continue to live amid bombs as they go to work each day. Meanwhile we worry out loud about Iran's possibly having nuclear intentions, as Israel already has nukes and a very pugnacious leader in Netanyahu. If an even worse leader comes into power who is not only vicious, but insane, there may be World War III set right there in the Holy Land. That would be such a shame. Six thousand years of culture destroyed and the whole environment poisoned with nuclear dust. Oh, yes, and then it will drift on the wind all the way over to the US and kill us. It's time for me to read “A Canticle For Leibowitz” again!
MARTIN JOSEPH O'MALLEY FOR PRESIDENT?
http://news.yahoo.com/omalley-presidency-not-crown-families-share-145135627--election.html
O'Malley: Presidency 'not some crown' families should share
AP By ALAN FRAM
March 29, 2015
Photograph – FILE - In this Jan. 16, 2015 photo, Maryland Gov. Martin O'Malley speaks with reporte
WASHINGTON (AP) — Potential Democratic presidential candidate Martin O'Malley said Sunday that the country needs fresh perspectives for confronting its problems and criticized the prospects of the Clinton and Bush families yet again seeking the White House.
"The presidency of the United States is not some crown to be passed between two families," the former Maryland governor told ABC's "This Week."
O'Malley spoke as former Secretary of State Hillary Rodham Clinton is considered a likely candidate and clear front runner for the Democratic nomination. Former Florida Gov. Jeb Bush is considered a probable contender for the Republican nomination.
"I think that our country always benefits from new leadership and new perspectives," O'Malley said. He added, "We need a president who's on our side, a president who's willing to take on powerful, wealthy special interests" to restore the economy.
Asked if Clinton would take on special interests, O'Malley said, "I don't know. I don't know where she stands. Will she represent a break with the failed policies of the past? I don't know."
O'Malley said he will decide whether to run for president this spring and questioned whether his party's nomination of Clinton — also a former senator and first lady — is inevitable.
"History is full of times when the inevitable front-runner is inevitable right up until he or she is no longer inevitable," he said.
O'Malley's response to questions slowed noticeably when asked what he considers the top foreign threat faced by the U.S.
"Uh, the greatest danger that we face right now on a consistent basis in terms of man-made threats, is uh, is uh, nuclear Iran and related to that, uh, extremist violence. I don't think you can separate the two," he said.
Martin O'Malley
From Wikipedia, the free encyclopedia
Martin Joseph O'Malley (born January 18, 1963) is an American politician who served as the 61stGovernor of Maryland, from 2007 to 2015. First elected in 2006, he defeated incumbent GovernorRobert Ehrlich, and again in a 2010 rematch. Prior to being elected as Governor, he served as theMayor of Baltimore from 1999 to 2007, having previously served as a Baltimore City Councilor from 1991 to 1999. A member of the Democratic Party, he served as the Chair of the Democratic Governors Association from 2011 to 2013. Following his departure from public office in early 2015, he was appointed to the Johns Hopkins University's Carey Business School as a visiting professor focusing on government, business and urban issues. O'Malley is discussed as a possible 2016 United States presidential candidate.
During his first mayoral campaign, O'Malley focused on a message of reducing crime. In his first year in office, O'Malley adopted a statistics-based tracking system called CitiStat, modeled after Compstat, a crime management program first employed in the mid-1990s in New York City. The system logged every call for service into a database for analysis. The Washington Post wrote in 2006 that Baltimore's "homicide rate remains stubbornly high and its public school test scores disappointingly low. But CitiStat has saved an estimated $350 million and helped generate the city's first budget surplus in years."[24] In 2004, CitiStat accountability tool won Harvard University's "Innovations in American Government" award.[25] The system garnered interest from Washington, D.C. Mayor Adrian Fenty[24] as well as crime officials from Britain.[26]
As Governor, in 2011 he signed a law that would make certain undocumented immigrants eligible for in-state college tuition on condition;[1] and in 2012, he signed a law to legalize same-sex marriage in Maryland. Each law was challenged to a voter referendum in the 2012 general election and upheld by a majority of the voting public.
O'Malley is of Irish, German and Dutch descent.[4][5] He is a descendant of a War of 1812veteran, and is an active member of the General Society of the War of 1812.
Martin attended the Our Lady of Lourdes School in Bethesda and Gonzaga College High School.[6]He went on to The Catholic University of America, graduating in 1985. Later that year he enrolled at the University of Maryland School of Law, earning his Juris Doctor in 1988 and passing the bar that same year.[7]
While running for governor in 2006, O'Malley said violent crime in Baltimore declined 37% while he was mayor. That statistic came from an audit of crime that used questionable methodology and became the subject of controversy; O'Malley was accused by both his Democratic primary opponentDoug Duncan and his Republican opponent Gov. Bob Ehrlich of manipulating statistics to make false claims. The Washington Post wrote at the time that "no evidence has surfaced of a systemic manipulation of crime statistics," but that "there is no quick or definitive way for O'Malley to prove his numbers are right."[28]
Controversies
Major land developer Edward St. John was fined $55,000 by the Maryland Office of the State Prosecutor for making illegal contributions to the O'Malley campaign. ….
In early 2005, Maryland Governor Robert Ehrlich fired aide Joseph Steffen for spreading rumors of marital infidelity about O'Malley on the Internet. ….
During a conference at the National Press Club, where Mayors from across the US gathered to denounce President George W. Bush's proposed budget, O'Malley compared the budget to the9/11 terrorist attacks. ….
Media attention
In 2002, at the age of 39, Esquire magazine named O'Malley "The Best Young Mayor in the Country," and in 2005, TIME magazine named him one of America's "Top 5 Big City Mayors".[32] In August 2005, Business Week Magazine Online named O'Malley as one of five "new stars" in the Democratic Party, along with future US President Barack Obama, future US Senator Mark Warner, future US Interior Secretary Ken Salazar, and future Chicago Mayor Rahm Emanuel. Business Week said that O'Malley "has become the Party's go-to guy on protecting the homeland.[33] The telegenic Mayor has developed a detailed plan for rail and port safety and has been an outspoken critic of White House security priorities."
Democratic Party
O'Malley was elected as the Vice Chairman of the Democratic Governors Association for 2009–2010, and on December 1, 2010, he was elected Chairman for 2010–2011.[47]
Crime
Soon after entering office, O'Malley closed the Maryland House of Correction in Jessup, a notoriously violent maximum-security prison facility.[48]
Since taking office O'Malley has adapted the CitiStat program he devised for Baltimore and applied it to the state of Maryland. This new program is called StateStat. O'Malley has said that President Obama has looked at StateStat as a potential model for tracking stimulus funding.[49]
Immigration
In a debate during the 2010 campaign, O'Malley referred to undocumented immigrants as "new Americans", as he endorsed tougher enforcement against illegal immigration by the federal government.[50] In May 2011, O'Malley signed a law that would make the children of undocumented immigrants eligible for in-state college tuition under certain conditions.[51] The law provides that undocumented immigrants can be eligible for in-state tuition if students have attended a high school in Maryland for three years and if they or their parents have paid state income taxes during that time.[1
During the 2014 crisis of undocumented children from Central America crossing the border, O'Malley refused to open a facility in Westminster, Maryland to house the children. The White House criticized his decision as hypocritical given comments he made indicating that he thought deporting all the children was wrong. He then responded saying the White House mischaracterized his remarks.[54]
Same-sex marriage
O'Malley voiced his support for a bill considered by the General Assembly to legalize same-sex marriage in Maryland. O'Malley, a Catholic, was urged by theArchbishop of Baltimore Edwin O'Brien not to support the bill in a private letter sent two days before O'Malley voiced his support.[ …. O'Malley responded, "I do not presume, nor would I ever presume as Governor, to question or infringe upon your freedom to define, to preach about, and to administer the sacraments of the Roman Catholic Church. But on the public issue of granting equal civil marital rights to same-sex couples, you and I disagree."[55] …. O'Malley signed the bill on March 1, 2012.[59] After signature, referendum petitioners gathered the support required to challenge the law.[60] Referendum Question 6 was passed by 52.4% of the state's voters on November 6, 2012.[61][62]
Capital punishment
O'Malley, a long-time opponent of capital punishment,[63] signed a bill on May 2, 2013, that repealedthe death penalty in Maryland for all future offenders.[64] The repeal does not affect the five inmates currently on death row in Maryland and O'Malley has said that he will consider commuting their sentences to life imprisonment with no possibility of parole on a case-by-case basis.
Political ambitions
State SenatorThomas V. Miller, Jr. said O'Malley's political future "comes into play in everything he does", adding O'Malley is "very much like Bill Clinton in being slow and deliberative and calculating in everything he does."[67] …. O'Malley has publicly expressed interest in a presidential run in 2016 on multiple occasions. At a press conference in Milwaukee, Wisconsin, at a National Governors Association meeting in August 2013, O'Malley stated he was laying "the framework" for a presidential run.
In other media
According to David Simon, the creator of the HBO drama The Wire, the show's fictional mayor of Baltimore Tommy Carcetti is "Not O'Malley", but O'Malley was one of several inspirations.[74] [75]Writing in Baltimore Magazine several years after the show had concluded, Simon did reveal the nature of a private phone conversation with O'Malley as production of the show's second season was beginning, in which the mayor urged that the show's contents be changed to put Baltimore and his own administration in a better light, and threatened the show's ability to continue to shoot in Baltimore.[76]
O'Malley appeared in the film Ladder 49 as himself. The History Channel's documentary First Invasion: The War of 1812 featured O'Malley in a segment regarding the British attack on Baltimore in 1814.[77]
O'Malley is a musician and was active in several bands and as a solo act in the Washington and Baltimore areas starting in the early 1980s. He is the vocalist/guitarist/songwriter of Celtic rock band "O'Malley's March" since 1988.
What is CompStat?
http://www.huffingtonpost.com/rob-kall/nypd-cops-fudged-crime-st_b_452632.html?
NYPD Cops Fudged Crime Stats in Compstat Model Program Now Used in 100s of US Cities
Rob Kall
Posted: 04/09/2010
crossposted from opednews.com :
There's something very big here. If you look at the repercussions, this stats program does for police what the Leave No Child Behind program for schools does to teachers-- encourages them to shape the data. In this case, it may be putting us all at risk by fudging crime stats.
A new survey of over 100 retired NYPD captains and senior officers found that they believed that statistics were manipulated to portray lower crime rates for the compsatprogram that calculates crime rates..
The survey suggests that police have distorted crime reporting, dropping value of stolen goods so the theft is categorized as misdemeanor instead of felony. They drop categorization of crimes from felony to misdemeanor if suspects can't be found.
One element of the Compstat program is the theory that aggressive arrests for the smallest crimes, with a minimum of 24 hours spent in jail, lead to discouraging of repeat offenses.
Compstat, originally adopted by Rudy Giuliani's first police chief, William J. Bratton, is now in use by hundreds of police departments all over the US and the world, including LA, San Francisco, Philadelphia, Houston, Baltimore and Vancouver. Many former NYPD officers now operate as consultants to those cities, helping them run the Compstat program.
The survey raises the question as to whether the use of this system literally encourages police and district attorneys to manipulate crime reporting.
The NY Times, in , Retired Officers Raise Questions on Crime Data, reported, “In interviews with the criminologists, other retired senior officers cited examples of what the researchers believe was a periodic practice among some precinct commanders and supervisors: checking eBay, other Web sites, catalogs or other sources to find prices for items that had been reported stolen that were lower than the value provided by the crime victim. They would then use the lower values to reduce reported grand larcenies -- felony thefts valued at more than $1,000, which are recorded as index crimes under CompStat -- to misdemeanors, which are not, the researchers said.
Others also said that precinct commanders or aides they dispatched sometimes went to crime scenes to persuade victims not to file complaints or to urge them to change their accounts in ways that could result in the downgrading of offenses to lesser crimes, the researchers said.
"Those people in the CompStat era felt enormous pressure to downgrade index crime, which determines the crime rate, and at the same time they felt less pressure to maintain the integrity of the crime statistics," said John A. Eterno, one of the researchers and a retired New York City police captain."
And an article in the NY Post, titled, NYPD stats were captain-cooked reports:
* A new survey of 491 retired captains that found that respondents who worked in the CompStat era felt greater pressure from management to doctor major crimes.
* The NYPD Staten Island Evidence Collection Team's fingerprinting of burglary scenes but not entering its findings if cops did not issue the victims a police report. The burglaries would then not appear on CompStat.
* Sergeants' different attitude during roll call once CompStat began. Before, they would instruct officers to report all crimes. When CompStat came aboard, that speech disappeared.
* Officers who purposely made it difficult for victims to file complaints. Cops responding to burglaries would ask for serial numbers and receipts for lost items and not file their reports until those had been produced. Cops who turned felony assaults into misdemeanor assaults if suspects couldn't be identified. A sergeant who recorded an iPod stolen during an assault as lost property. The same cop recategorized burglaries down to the level of criminal trespass.
This survey raises questions on the reliability and trustworthiness of all the Compstat programs. Some claim that Compstat has directly led to a decrease in crime. But some cities which use Compstat have horrible crime rates, like Philadelphia, with a huge murder rate. The NY Times, in a 2007 article, reported, “the results in cities that have adopted the Compstat model have been mixed: Philadelphia is "in the grip of a murder wave," Seattle's homicide decline "has flattened out," and the New Orleans police remains as ineffective as it was before Hurricane Katrina. The same dismal trend, he said, goes for Minneapolis, Louisville, Boston and Baltimore.
Mr. Karmen said that it can be hard to evaluate Compstat for a key reason. If crime rates go down, its proponents credit the program. If crime doesn't go down, the program's proponents say the program's six core elements - a clear mission, internal accountability, geographical organization of operational command, organizational flexibility, a reliance on data and innovative problem-solving tactics - were not faithfully followed. Mr. Karmen said he did not rule out the latter explanation: "Implementing Compstat could be a matter of degree, and some departments just don't get it."
Yet, he said, "None of the other cities have experienced anything like New York's remarkable improvement in public safety." So either those other cities all failed to follow Compstat fully, or Compstat, he said, "is not the entire reason why crime went down."
The NY Post also added, “NYPD officials insist the pressure has never been an excuse to fudge the numbers and department spokesman Paul Browne rejected Arniotes' "rationalizing" saying: "Hundreds of captains do their job honestly, without resorting to dishonesty of any kind."
Commissioner Ray Kelly's administration has meted out punishment in 11 number-fudging cases, four of which involved commanding officers, said Browne, who also questioned the study's methodology.”
We've seen how, in education, the "Leave No Child Behind" program has led to teaching policies that aim towards enabling children to score well on Leave No Child Behind program assessments rather than educating them for success as adults. This survey raises the concern that the Compstat program may be putting our nation's cities at risk because of the perceived or real pressure to manipulate the reporting and characterization of crimes. Worse, the use of 24 hour imprisonment of arrested but not tried and convicted suspects appears to be a gross abuse of the justice system which creates a police state nightmare.
Giuliani encouraged George W. Bush to appoint his former police commissioner Bernard Kerik, now a convicted criminal, to be head of Homeland Security. And Giuliani, as a presidential candidate, promised to institute Compstat on a national basis, presumably including the 24 hour arrest policy.
Compstat needs much greater scrutiny and review. It shows great potential to be abused in ways that endanger both the public and justice.
"I think that our country always benefits from new leadership and new perspectives," O'Malley said. He added, "We need a president who's on our side, a president who's willing to take on powerful, wealthy special interests" to restore the economy..... O'Malley's response to questions slowed noticeably when asked what he considers the top foreign threat faced by the U.S. "Uh, the greatest danger that we face right now on a consistent basis in terms of man-made threats, is uh, is uh, nuclear Iran and related to that, uh, extremist violence. I don't think you can separate the two," he said.”
I have included this article from Huffington Post on CompStat because it is a key plan that O'Malley instituted both on the local and state levels during his administration. I thought I had heard that name in connection with the abusive police practice of arresting more people than necessary and for very minor crimes, causing them to have a court record against their name, costing them fines that they can't afford, and being involved in sometimes lethal physical abuse by police officers, and I was right. That form of community policing is a basic part of the CompStat plan. The theory is that such aggressive policing of small infractions lowers the crime rate overall by “discouraging” more serious crime. The real truth is that it just brings in income for the courts as citizens are charged high fines for things like a broken taillight. That was mentioned in the Ferguson articles a few months ago. All it does is kill citizens for no good reason and arouse very understandable hatred for the police in those poor neighborhoods. The police don't go around in the wealthy gated communities doing that kind of thing. It's obscene.
The NPYD, meanwhile, has been touted for its dramatically lowered crime rate under CompStat. Now it turns out the police have been under pressure by their commanding officers to fudge those statistics, thus making crimes seem less serious than they were or in some cases even failing to report the crime at all, if the criminal “can't be found,” for instance or can't produce a serial number for identifying some stolen property. Therefore I am not delighted with O'Malley's spreading of what may be a virus of police brutality and falsified crime statistics to other states and to his own state government by praising the system when in fact you could say it is not effective and is in my opinion damaging to the society that puts it into place. I am also not happy that President Obama has apparently been impressed by the program. It's a fraud, and encourages miscarriages of justice. Substituting good human relations within those communities between suspect, citizen and cop would be ever so much more effective in fighting crime. In addition, O'Malley's ruthlessly quoted statement about our most dangerous foreign enemy was also embarrassing. All those “uhs” make it sound as though he was taken totally by surprise by a foreign policy question and really had never thought about it before. He needs to bone up on that and probably other subjects as well. The “fire in the belly” is not enough, even for a Democrat.
Monday, March 30, 2015
Monday, March 30, 2015
News Clips For The Day
RELIGIOUS FREEDOM – FOLLOWUP – TWO ARTICLES
http://www.npr.org/blogs/thetwo-way/2015/03/30/396361058/indiana-republicans-say-they-will-seek-to-clarify-religious-freedom-law
Amid Criticism, Indiana's Republicans To Revisit Religious Freedom Law
Krishnadev Calamur
March 30, 2015
Photograph – Indiana Senate President Pro Tem David Long (left) and House Speaker Brian C. Bosma, both Republicans, discuss their plans for clarifying the Indiana Religious Freedom Restoration Act during a news conference today at the Statehouse in Indianapolis.
Michael Conroy/AP
Republican leaders in Indiana say they will work to ensure the state's controversial Religious Freedom Restoration Act does not allow discrimination against gays and lesbians.
"This law does not discriminate, and it will not be allowed to do so," Indiana Senate President Pro Tem David Long said at a news conference with state House Speaker Brian Bosma.
They said they would "encourage our colleagues to adopt a clarifying measure of some sort to remove this misconception about the bill." The Associated Press says that the measure "prohibits state laws that 'substantially burden' a person's ability to follow his or her religious beliefs. The definition of 'person' includes religious institutions, businesses and associations."
As Indiana Public Media reports, the two Republicans said the state's GOP governor, Mike Pence, was unclear about the law when he appeared Sunday on ABC's This Week. (Pence spoke of an "avalanche of intolerance that has been poured on our state" but declined to say whether the law makes it legal to discriminate.)
As NPR's Scott Neuman reported over the weekend, Pence in media interviews said he supports an effort to "clarify the intent" of the legislation while acknowledging surprise over the hostility it has sparked.
The Religious Freedom Restoration Act stoked controversy almost from the moment it was passed by the state's Republican-dominated legislature and signed by Pence on Thursday. Pushback came not only from Hoosiers and the hashtag #boycottindiana, but also from some of the country's biggest corporate figures, including Apple CEO Tim Cook and Angie's List CEO Bill Oesterle. (Scott has a roundup of the criticism here.)
Pence and other supporters of the measure note that Indiana is not the only state with such a law on the books. But as Scott noted, "Although the law is similar to a federal one and those in 19 other states, sexual orientation is not a protected class in Indiana, leaving the door open for discrimination, critics say."
At today's news conference, Long said the law "doesn't discriminate, and anyone on either side of this issue suggesting otherwise is just plain flat wrong."
Bosma added: "What it does is it sets a standard of review for a court when issues of religious freedom and other rights collide due to government action."
Democrats want the measure repealed, but Long and Bosma said that was unlikely.
“Republican leaders in Indiana say they will work to ensure the state's controversial Religious Freedom Restoration Act does not allow discrimination against gays and lesbians. "This law does not discriminate, and it will not be allowed to do so," Indiana Senate President Pro Tem David Long said at a news conference with state House Speaker Brian Bosma. They said they would "encourage our colleagues to adopt a clarifying measure of some sort to remove this misconception about the bill." The Associated Press says that the measure "prohibits state laws that 'substantially burden' a person's ability to follow his or her religious beliefs. The definition of 'person' includes religious institutions, businesses and associations." ….Pence and other supporters of the measure note that Indiana is not the only state with such a law on the books. But as Scott noted, "Although the law is similar to a federal one and those in 19 other states, sexual orientation is not a protected class in Indiana, leaving the door open for discrimination, critics say." At today's news conference, Long said the law "doesn't discriminate, and anyone on either side of this issue suggesting otherwise is just plain flat wrong." Bosma added: "What it does is it sets a standard of review for a court when issues of religious freedom and other rights collide due to government action." Democrats want the measure repealed, but Long and Bosma said that was unlikely.”
Methinks the Tea Party made a blatant grab for power and then realized that what they had was a hot potato. Ouch!
http://www.cbsnews.com/news/apple-ceo-tim-cook-says-indiana-religious-freedom-law-is-dangerous/
Apple CEO rips "religious freedom" legislation
CBS NEWS
March 30, 2015
Protests and boycotts are growing across the nation over an Indiana law that some say discriminates against gay people. Apple CEO Tim Cook is among the high-profile names speaking out against it.
In an opinion piece in the Washington Post, he said, "There's something very dangerous happening in states across the country," reports CBS News correspondent Adriana Diaz.
The law doesn't take effect until July, but it's already having an impact. From Indianapolis to Silicon Valley, backlash over Indiana's Religious Freedom Restoration Act continues to mount.
In the Washington Post op-ed, Cook openly criticized the law and similar legislation across the country that he said "goes against the very principles our nation was founded on."
"On behalf of Apple, I'm standing up to oppose this new wave of legislation wherever it emerges," Cook wrote. "I'm writing in the hopes that many more will join this movement."
The open letter came on the same day Indiana Governor Mike Pence adamantly defended the legislation.
"We simply stepped forward for the purpose of recognizing the religious liberty rights of all the people of Indiana of every faith," Pence said on ABC's "This Week."
At issue -- the message behind the law.
Supporters say it protects a person or business owner from government persecution when following their religious beliefs. But opponents say the measure gives businesses a free pass to refuse gay and lesbian customers on religious grounds.
Cook, who publicly announced his homosexuality last year, said, "As a child, I was baptized in a Baptist church. I was never taught, nor do I believe, that religion should be used as an excuse to discriminate."
Over the weekend, hundreds of protesters took to the State House, while online the hashtag #BoycottIndiana emerged on social media.
With the final four headed to Indianapolis, former NBA star Charles Barkley is urging NCAA officials to move this week's games out of the state.
Restaurant owner Cynthia Wilson is worried how the financial fallout could affect future business.
"We want to be known as the inclusion state, not the exclusion state," she said.
Pence told the Indianapolis Star newspaper he's in talks with legislative leaders and a second bill could be introduced clarifying that the law does not promote discrimination against gays and lesbians.
Consumer review website Angie's List announced it will suspend a planned headquarters expansion in Indianapolis that could have added 1,000 jobs.
COMMENTS
MAC2JR 2 minutes ago
Now down to brass tacks, or dollars and cents. People are fearful and many are fearful that 'Gayness' will somehow rub off on him or her, thus they will NOT frequent an establishment that caters to gays, such as a motel, restaurant, bar, social club, etc.
Therefore, as an owner of an establishment that caters to all persons, if the gay community takes a liking, the establishment MAY become known as a place for gays, and thus MAY drive away all the other business, i.e., customers.
This sort of bias extends to people of different social status, races, religions, sexual preferences, lifestyles, etc., and is bias and discrimination, be it religious based or financial based.
..HILLZAGAIN 9 minutes ago
Open minded businesses now have a unique opportunity to gain a competitive advantage over their religiously challenged competitors LOL
Just start including "We bake for anybody" in your marketing campaign and homosexual couples will start flocking to your store.
The hysteria over this is rather tiresome. Gay people will be able to get married, have photos and slice cakes without any hindrance whether this law is struck down or stays up. There are plenty of cake shops and photographers to go around.
Loons: Spare us your hysteria.
AASRSLB 17 minutes ago
Keep one thing in mind. REPUBLICANS are out to get women and minorities. This old blather about both parties being the same is nonsense. REPUBLICANS are coming for immigrants, women, gays, unions, workers, voters and all minorities. If you disagree keep electing them, you'll see soon enough.
ABBYDELABBEY 24 minutes ago
When extremism makes inroads, the roads lead to destruction.
It seems America is becoming divided by religious intolerance. We are not a theocracy; however, if we continue the trends being sent by religious fanatics (especially among the GOP) we will certainly become one.
What will the governor say when a Muslim refuses to serve a woman because she is not wearing a scarf? Or a Jew insists that he will not serve Gentiles or a man who is not circumcised?
Instead of gays/lesbian/transgender -- use the world "black" or "Jew" or "Hindu" or "Muslim."
All this law does is condone and encourage discrimination, prejudice, and hate. How so very Christian of them.....
LOUIVILLE45 24 minutes ago
@abbydelabbey Hyperbole alert sheeesh we are only talking about a couple cakes hardly an issue with thousands to chose from.
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ABBYDELABBEY 22 minutes ago
@louiville45 @abbydelabbey Yes, and it was only a few jewish stores, a few jewish homes in the 1930s .... It starts off small and escalates. Read history and see how small actions lead to much greater actions.
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STOIDIERASNAICITILOPTSOM 22 minutes ago
@abbydelabbey Extremeism works both sides of the street.
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ABBYDELABBEY 21 minutes ago
@stoidierasnaicitiloptsom @abbydelabbey I agree. I have no use for extremism of any sort: whether it's a Christian, atheist, left or right.
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MAC2JR 27 minutes ago
Four things are involved here.. Public Safety, Religious Bigotry, Moral Decently, and Obnoxious Behavior.
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MAC2JR 29 minutes ago
Law is intended to prevent Government Overreach.
INMCLEANNOVA 28 minutes ago
@Mac2jr
And Republican Reach Around
INMCLEANNOVA 26 minutes ago
@dogginz150 @InMcLeanNoVa @Mac2jr
How are you suppose to know? The law should require that anyone refusing service should include a note in their advertisement, or at least a sign displayed out front.
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DOGGINZ150 25 minutes ago
@InMcLeanNoVa @dogginz150 @Mac2jr
Good point. They used to put signs in front of stores in Germany....
HK102 35 minutes ago
The issue is not about discrimination in housing or employment.The issue is that many Christians to not want to participate in or provide support of services to something (gay marriage) which they believe is sinful.The First Amendment reads in part, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof”.So the US Constitution allows Christians not to participate in something they believe is sinful.You may not agree with that belief.But that is not relevant.
It is interesting that no one has said they would challenge the law in federal court.May be it is because they know it will not be struck down because it is not unconstitutional?
..HILLZAGAIN 33 minutes ago
@hk102
That particular clause has nothing in it supporting this law.
If you are running a business, you are not practicing a religion.
Therefore it does not unduly "burden" you to provide a cake for a lesbian couple's wedding.
Frosting a cake is not "practicing your religion". This law would not survive judicial review.
MATT6052 29 minutes ago
@..hillzagain @hk102 Many people who run businesses have religion at the core of their lives. In fact, many religious values, like honesty and the golden rule, are also religious values.
And heck, tolerance of people who are different, like gays and lesbians, can also be a religious value.
HK102 25 minutes ago
@Cosmicdebris57 @hk102 There is nothing in the US Constitution about separation of church and state. The First Amendment reads in part, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof”.
“In an opinion piece in the Washington Post, he said, "There's something very dangerous happening in states across the country," reports CBS News correspondent Adriana Diaz..... "On behalf of Apple, I'm standing up to oppose this new wave of legislation wherever it emerges," Cook wrote. "I'm writing in the hopes that many more will join this movement.".... Cook, who publicly announced his homosexuality last year, said, "As a child, I was baptized in a Baptist church. I was never taught, nor do I believe, that religion should be used as an excuse to discriminate." Over the weekend, hundreds of protesters took to the State House, while online the hashtag #BoycottIndiana emerged on social media. With the final four headed to Indianapolis, former NBA star Charles Barkley is urging NCAA officials to move this week's games out of the state. Restaurant owner Cynthia Wilson is worried how the financial fallout could affect future business. "We want to be known as the inclusion state, not the exclusion state," she said..... Pence told the Indianapolis Star newspaper he's in talks with legislative leaders and a second bill could be introduced clarifying that the law does not promote discrimination against gays and lesbians.”
So is our next constitutional crisis going to be about the separation of church and state? Where religious freedom, and the protection from a required religious participation, are undermined, all the other civil rights are in danger. Religious opinions are a very individual matter, and therefore should not be required of anyone.
From my earliest years I was taught that there is a god, and that Jesus was his son, rose from the dead, and demanded a “clean” lifestyle. I was taught to fear hell if I were to participate in sexual activity before marriage. I followed that rule, but at the time of my divorce stopped following it. By that point I was aware that having a satisfying sexual experience is an extremely important thing in the life of most adults. Marriage when I was young was very often full of unacceptable things – men can go to bed with someone else but women can't; men don't have to help with the housework or childcare; men can hit women any time they feel like it; divorce for any reason is immoral; men don't need to learn how to “pleasure” a woman because women really “don't need sex.” What a crock!
Is there a God? I have not totally given up my early belief in God, but by the time I was supposed to join the church at age 11, I didn't believe the Bible was infallible in any way. I saw it as very interesting, but not the “truth,” especially about the Genesis story on the origin of the earth and lifeforms, and the whole story about Jesus. When I took a course on the literature of the Bible, my views were buttressed, though that was a Methodist Church. I learned about the Gilgamesh story and the Greek and Roman mystery religions which, it became clear to me, were the origin of the whole Jesus story except for the basic belief that he did live and teach in the Holy Land at the time of the Romans.
If you want to see what Jesus was like, look at the Gnostic Gospels which emphasized an internal “knowing” rather than proving God's presence, ritual cleansing by using drugs to induce vomiting and diarrhea to empty the body of evils, the ritual of the body and the blood, the baptism ritual – not Jewish beliefs, but pagan. In the early days of the Christian community some of the apostles objected to allowing pagans to joint the church, which was considered very much a Jewish group. Others, at the same time, went around the world to preach to those same pagans. There is an interesting passage in the Bible in which the apostles were reaching to the Celts in Gaul and “handled fiery serpents” or poisonous snakes, another pagan belief which has survived to this day among some churches in the Appalachian mountains. The idea is that if you have sufficient faith in God to prevent you from being harmed you won't die if bitten. If you do die, Oh Well!
There are too many reasons why, when I did decide to join a church, I joined the Unitarians. I was introduced to liberal beliefs through another group called Unity, which still exists, and then to a Unitarian church in Washington, DC. The Unitarians, however, close out no potential member over their religious faith – there are no doctrines per se about God or Jesus. They also have a sprinkling of black members and many lesbians and gays. The lack of a larger number of blacks is due to the overwhelmingly Evangelical Christian beliefs of most blacks in America. The modern United Methodist Church is moving in a similar direction – away from hard set doctrines and into spiritual growth, fairness and gentleness in societal principles, aid to the needy, a strong church community, working to help the poor and downtrodden in political and legal systems. To my way of looking at the world, this is the side of virtue and justice.
http://www.cbsnews.com/news/fort-meade-incident-2-injured-at-gate-of-army-installation/
1 killed after car tries to ram NSA gate at Fort Meade
CBS/AP
March 30, 2015
FORT MEADE, Md. -- One person was killed and another was injured by National Security Agency security officers Monday after a car with two people tried to ram a gate at the Fort Meade, Md., military base near a gate to the NSA, officials said.
"The incident has been contained and is under investigation," said Colonel Brian Foley, Fort Meade garrison commander. "The residents, service members and civilian employees on the installation are safe. We continue to remain vigilant at all of our access control points."
A U.S. law enforcement official told CBS News that officials believe the two people who rammed the gate were men dressed as women.
A federal law enforcement official told CBS News that cocaine and a weapon were found in or near the vehicle.
One of the suspects who was shot in the incident was identified as Kevin Fleming of Baltimore, U.S. law enforcement sources told CBS News. Fleming, who was hospitalized, has a lengthy criminal record including for assault.
There is no indication that the incident was terrorism related, the FBI said in a statement.
"We are investigating with NSA Police and other law enforcement agencies. Our Evidence Response Team is processing the crime scene, and FBI Agents are doing joint interviews with witnesses. We are working with the US Attorney's Office in Maryland to determine if federal charges are warranted," said FBI officials in a written statement.
The NSA headquarters is on the sprawling Army installation near Baltimore. An NSA spokesperson declined to comment.
CBS affiliate WUSA-TV showed two damaged vehicles near a gate and emergency workers loading an injured uniformed man into an ambulance. Aerial news images showed that one of the damaged vehicles was a white SUV marked "NSA Police." Its front end was crumpled, and the hood was up. The other was a dark, unmarked SUV.
A building on the NSA campus was damaged by gunfire earlier this month. Authorities captured a man March 3 who they believe fired that night on the NSA site, as well as earlier at several nearby places and two moving vehicles. The suspect in that case, Hong Young, told police he heard voices directing him to fire on one of the occupied vehicles.
The gate that serves as the NSA entrance is just off the Baltimore-Washington Parkway, a scenic commuter route. In addition to the NSA, Fort Meade is home to the Defense Information Systems Agency and the U.S. Cyber Command. About 11,000 military personnel and about 29,000 civilian employees work on the property.
“One person was killed and another was injured by National Security Agency security officers Monday after a car with two people tried to ram a gate at the Fort Meade, Md., military base near a gate to the NSA, officials said. "The incident has been contained and is under investigation," said Colonel Brian Foley, Fort Meade garrison commander. "The residents, service members and civilian employees on the installation are safe. We continue to remain vigilant at all of our access control points." A U.S. law enforcement official told CBS News that officials believe the two people who rammed the gate were men dressed as women. A federal law enforcement official told CBS News that cocaine and a weapon were found in or near the vehicle.... Fleming, who was hospitalized, has a lengthy criminal record including for assault. There is no indication that the incident was terrorism related, the FBI said in a statement..... A building on the NSA campus was damaged by gunfire earlier this month. Authorities captured a man March 3 who they believe fired that night on the NSA site, as well as earlier at several nearby places and two moving vehicles. The suspect in that case, Hong Young, told police he heard voices directing him to fire on one of the occupied vehicles.”
Why were the two men dressed as women? Were they trying to enter the base? What are their names and backgrounds? Several questions are popping into my mind with this story. Hopefully the NSA will holda press conference later with some explanations. The previous incident was apparently the work of a psychotic individual. The second could be an attempted assault on the base which was foiled by the guards.
http://www.cbsnews.com/news/what-todays-senators-can-learn-from-ted-kennedy/
What today's senators can learn from Ted Kennedy
By JAKE MILLER CBS NEWS
March 30, 2015
Photograph – In this file photo, Sen. John McCain, R-Arizona, and Sen. Edward Kennedy, D-Massachusetts, whisper during a press conference to introduce prescription drug importation legislation February 9, 2005 at the Capitol in Washington, DC. CHIP SOMODEVILLA, GETTY IMAGES
The United States Senate has changed since Ted Kennedy passed away, and not necessarily for the better, Kennedy's former Senate colleagues said Monday in Boston at the dedication of the Edward M. Kennedy Institute for the United States Senate.
"The place hasn't been the same without him," Sen. John McCain, R-Arizona, one of Kennedy's favorite sparring and negotiating partners. "I have no doubt the place would be a little more productive and a lot more fun if he were there."
"It's a more diverse, more accurate reflection of America than it used to be, and that is a grand thing," President Obama said of the new Senate. "But Ted grieved the loss of camaraderie and collegiality, the face to face interaction. I think he regretted [that] arguments [are] now made to cameras instead of colleagues, directed at a narrow base instead of the body politic as a whole; the outsized influence of money and special interests and how it all leads more Americans to turn away in disgust."
Vice President Biden, who served alongside Kennedy for 36 years in the Senate, called his late friend the "anchor" of the institution. He suggested Kennedy's lesson that "all politics is personal," that relationships with colleagues can have a real impact, has been lost on too many serving today.
Despite those grim assessments, each man also argued that the Senate can work once again, if those serving in it can heed the example of "the lion of the Senate" -- if they can build camaraderie and trust, if they work to find common ground even amid profound disagreements.
"He understood that consensus is arrived at from the cumulative effect of personal relationships...the little things that you did for the other over time. That's what generated the trust and the mutual respect and the comity that only Teddy was able to do," Biden said. "It's hard to be petty when the man or woman you're debating is being grand and magnanimous."
The institute dedicated on Monday includes a full-scale replica of the Senate chamber. It was born out of Kennedy's desire to teach Americans, particularly young Americans, about the history and importance of the legislative branch, and about the role of compromise in governance.
"We live in a time of such great cynicism about all our institutions, and we are cynical about government and about Washington most of all. It's hard for our children to see, in the noisy and too often trivial pursuits of todays' politics, the possibilities of our democracy -- our capacity, together, to do big things," President Obama said. "This place can help change that. It can help light the fire of imagination."
"Imagine a gaggle of school kids clutching tablets, turning classrooms into cloakrooms," he added. "Imagine their moral universe expanding as they hear about the momentous battles waged in that chamber."
The event was peppered with each speaker's fondest memories involving Kennedy. McCain, R-Arizona, recalled the time he and Kennedy drove a frightened pair of freshman senators from the floor with a fierce and voluble dispute over parliamentary procedure.
"I miss fighting with him, to be honest," McCain added. "It's getting harder to find someone who enjoys a good fight as much as Ted did."
Biden drew big laughs by recalling the first time he stepped into the Senate gymnasium's locker room with Kennedy, who insisted on introducing the fresh-faced newcomer to a parade of naked colleagues.
"I felt guilty I was fully clothed," the vice president joked. "True story."
While Kennedy's loss is felt acutely in the Senate, Biden said he's "confident" the institution will once again become an institution worthy of its rich heritage.
"The pundits say that we are divided today," he said. "That's simply not true. Look at every major poll on every major issue there's a consensus in America. It's the political process that has been broken."
In time, Biden said, the United States Senate can "work as it was designed to work."
"The point is, we can fight on almost everything, but we can come together on some things," Mr. Obama said. "And those some things can mean everything to a whole lot of people."
The president said he has a lot of policy suggestions for how the political system and legislative process in this country can work again, but the dedication ceremony wasn't an appropriate venue to offer them.
Instead, the president posed a simple question policymakers should ask themselves: "What if we carried ourselves more like Ted Kennedy?"
Following his remarks, the president visited privately with members of the Kennedy family and saw the replica of Kennedy's senate office, according to White House spokesperson Eric Schultz.
"The place hasn't been the same without him," Sen. John McCain, R-Arizona, one of Kennedy's favorite sparring and negotiating partners. "I have no doubt the place would be a little more productive and a lot more fun if he were there." "It's a more diverse, more accurate reflection of America than it used to be, and that is a grand thing," President Obama said of the new Senate. "But Ted grieved the loss of camaraderie and collegiality, the face to face interaction. I think he regretted [that] arguments [are] now made to cameras instead of colleagues, directed at a narrow base instead of the body politic as a whole; the outsized influence of money and special interests and how it all leads more Americans to turn away in disgust.".... "We live in a time of such great cynicism about all our institutions, and we are cynical about government and about Washington most of all. It's hard for our children to see, in the noisy and too often trivial pursuits of todays' politics, the possibilities of our democracy -- our capacity, together, to do big things," President Obama said. "This place can help change that. It can help light the fire of imagination." …. "I miss fighting with him, to be honest," McCain added. "It's getting harder to find someone who enjoys a good fight as much as Ted did." Biden drew big laughs by recalling the first time he stepped into the Senate gymnasium's locker room with Kennedy, who insisted on introducing the fresh-faced newcomer to a parade of naked colleagues. "I felt guilty I was fully clothed," the vice president joked. "True story." …. The president said he has a lot of policy suggestions for how the political system and legislative process in this country can work again, but the dedication ceremony wasn't an appropriate venue to offer them.”
Perhaps the President will soon find “the appropriate venue” for suggested new policies, because the legislative branch of the government is indeed broken at this time. How much of that is due simply to the determined disruption by the Tea Party candidates such as Ted Cruz of any serious consideration of moderate and rational laws, budgets, and appraisal of candidates could be argued, but for my self, I think their sincere desire to cause as much trouble as possible is at the root of our current problems. They are “bad apples” rather than statesmen. I, too, miss Ted Kennedy.
http://www.cbsnews.com/news/robert-spence-jackson-missouri-auditor-spokesman-dead-in-apparent-suicide-after-boss-killed-himself/
Mo. auditor spokesman dead in apparent suicide, month after boss killed himself
CBS/AP
March 30, 2015
Photograph – Robert "Spence" Jackson KMOV
JEFFERSON CITY, Mo. -- The spokesman for the Missouri auditor's office has died from a self-inflicted gunshot wound in what police described Monday as an apparent suicide. The death comes about a month after the state auditor also killed himself.
Robert "Spence" Jackson was found dead Sunday evening in his home in Jefferson City after police responded to a well-being check, the Jefferson City Police Department said in a written statement. Police said they are investigating the case as a suicide.
Jackson's boss, Auditor Tom Schweich, fatally shot himself on Feb. 26 at his home in the St. Louis suburb of Clayton in what police also have described as a suicide.
Jackson, 45, had remained as the auditor's office spokesman after Schweich's death. He also previously had served as a spokesman for former Missouri Gov. Matt Blunt.
Blunt issued a written statement Monday saying he was saddened to learn of his friend's death.
"Spence was a gifted communicator who dedicated his talents in public affairs to public service," Blunt said. "Spence was hard-working, well-liked and quick-witted."
Police said they responded to a call to Jackson's apartment a little after 7 p.m. Sunday after one of Jackson's family members said he had been unresponsive to phone calls.
A property manager provided a key to police officers, who found Jackson dead in his bedroom from an apparent self-inflicted gunshot wound, according to police. Police said there was no physical evidence of a forced entry or struggle, but that an autopsy is planned for Monday and detectives are continuing to investigate the case.
CBS affiliate KMOV reports that Jackson was Schweich's media director for four years and he also held several key Republican jobs in state government.
Schweich's death has roiled the Missouri Republican Party as it prepares for an important 2016 election that will feature contests for president, U.S. Senate, governor and most of Missouri's other statewide executive offices.
Just minutes before Schweich's death, Schweich had told an Associated Press reporter that he wanted to go public with allegations that the chairman of the Missouri Republican Party, John Hancock, had been telling people last year that Schweich was Jewish. Schweich, who was Christian, said he perceived the remarks to be part of an anti-Semitic whispering campaign against him.
Jackson was among the first to suggest after Schweich's funeral that Hancock should resign.
Hancock has remained on the job. He has denied making anti-Semitic remarks, though he has said it's possible he might have told some people that Schweich was Jewish because he mistakenly believed that to be true.
“The spokesman for the Missouri auditor's office has died from a self-inflicted gunshot wound in what police described Monday as an apparent suicide. The death comes about a month after the state auditor also killed himself..... Jackson's boss, Auditor Tom Schweich, fatally shot himself on Feb. 26 at his home in the St. Louis suburb of Clayton in what police also have described as a suicide. Jackson, 45, had remained as the auditor's office spokesman after Schweich's death. He also previously had served as a spokesman for former Missouri Gov. Matt Blunt. …. Police said they responded to a call to Jackson's apartment a little after 7 p.m. Sunday after one of Jackson's family members said he had been unresponsive to phone calls. A property manager provided a key to police officers, who found Jackson dead in his bedroom from an apparent self-inflicted gunshot wound, according to police. Police said there was no physical evidence of a forced entry or struggle, but that an autopsy is planned for Monday and detectives are continuing to investigate the case. …. Jackson was among the first to suggest after Schweich's funeral that Hancock should resign. Hancock has remained on the job. He has denied making anti-Semitic remarks, though he has said it's possible he might have told some people that Schweich was Jewish because he mistakenly believed that to be true.”
Perhaps that wasn't an anti-Semitic act, but it certainly was unnecessary and potentially damaging information. What was Hancock trying to do? Why are any members of unpopular groups such as Jews and blacks joining the Republican Party? Their core values are well known in the modern world, and are not as moderate and unbiased as they were even ten years ago. It was about then that ultra-rightist Republicans began working to drum those who were closer to the center out of the party. Even John McCain has shown so signs of giving into rightist pressure. He used to be reliable as a thoughtful and relatively unbiased Senator, but he now more often than not sounds like the right. My father used to argue against voting “for the man” rather than for the party because more acceptable Republicans inevitably bring in a lot of others with them who are not acceptable. This story makes me wonder if Jackson was being pressured in some way by some of his colleagues to stop “rocking the boat” by asking for Hancock's resignation. Was that his reason for committing suicide?
http://www.cbsnews.com/news/feds-charged-with-fraud-during-silk-road-inquiry/
Feds charged with fraud during "Silk Road" inquiry
By CRIMESIDER STAFF AP
March 30, 2015
Photograph – Bitcoin medals KAREN BLEIER/AFP/GETTY IMAGES
SAN FRANCISCO - Two former federal agents who were investigating an online black market that allowed users to buy and sell drugs and other illegal items have been charged with stealing digital currency during the probe.
Carl M. Force of Baltimore was a special agent with the Drug Enforcement Administration and Shaun W. Bridges of Laurel, Maryland, was a special agent with the U.S. Secret Service on a task force that investigated the so-called Silk Road marketplace.
Silk Road first launched in 2011 as an underground website where users could browse anonymously for drugs. They paid in a hard-to-track cyber currency known as Bitcoin.
Force served as an undercover agent and was tasked with establishing communications with a target of the investigation, Ross William Ulbricht.
Force is charged with wire fraud, theft of government property, money laundering and conflict of interest. Bridges is charged with wire fraud and money laundering.
The federal criminal complaint was filed last Wednesday and unsealed Monday.
“Silk Road first launched in 2011 as an underground website where users could browse anonymously for drugs. They paid in a hard-to-track cyber currency known as Bitcoin. Force served as an undercover agent and was tasked with establishing communications with a target of the investigation, Ross William Ulbricht. Force is charged with wire fraud, theft of government property, money laundering and conflict of interest. Bridges is charged with wire fraud and money laundering.”
Law Enforcement personnel of all kinds are often tempted to indulge in corruption of many types. It's too bad that this occurred at the federal level, since it's more fodder for the mill of attack politics against Obama. It will surprise me if no comments appear in the press to that effect. The good news is that they were caught and punished.
http://www.cbsnews.com/news/prince-william-begins-new-job-as-air-ambulance-pilot/
Prince William begins new job as air ambulance pilot
CBS/AP
March 30, 2015
Photograph – Prince William at the controls of a Sea King helicopter during a training exercise at Holyhead Mountain, having flown from RAF Valley on March 31, 2011, in in Anglesey, north Wales. JOHN STILLWELL- WPA POOL/GETTY IMAGES
Prince William is starting his first day at a new job -- working as an air ambulance helicopter pilot.
Kensington Palace announced that the Duke of Cambridge began work Monday for Bond Air Services, a helicopter operator that serves East Anglian Air Ambulance.
He will undertake job training in the next few months -- including simulator, aircraft and in-flight skills training -- and start piloting missions in the summer.
William, 32, passed his Air Transport Pilot's License exams in March, completing 14 written exams on subjects such as the principles of flight and navigation.
The second-in-line to the throne -- who will welcome his second child next month with wife Kate, Duchess of Cambridge -- will work with medics responding to emergencies ranging from road accidents to heart attacks.
The stint will be William's main job, although he will also continue to take on royal duties and engagements both in Britain and overseas.
"Prince William is starting his first day at a new job -- working as an air ambulance helicopter pilot. Kensington Palace announced that the Duke of Cambridge began work Monday for Bond Air Services, a helicopter operator that serves East Anglian Air Ambulance. He will undertake job training in the next few months -- including simulator, aircraft and in-flight skills training -- and start piloting missions in the summer. William, 32, passed his Air Transport Pilot's License exams in March, completing 14 written exams on subjects such as the principles of flight and navigation.”
I do like Prince William. Like many young men he enjoys flying and can make a difference in society with the rescue work. I'm glad to see him doing more than just making public appearances for charity. Of course he'll do some of that kind of “royal work,” too. I'm reading a good biography about Queen Elizabeth right now called The Real Elizabeth, and have just finished a good detailed look at the time before WWI and WWII in England. In the 1920s there was an active and fairly large movement toward socialism and against the aristocracy in general, with some advocating abolishing the royalty completely. There were fears of a revolution, especially after the Russian revolution. The book is by Andrew Marr and was first published by in Britain unde the title “Diamond Queen: Queen Elizabeth II ….” It is detailed and fascinating. Your public library probably has it. It's a 2012 publication, so it includes all the up to date stuff.
UNION ISSUES BEING CONSIDERED
http://thehill.com/regulation/business/237246-nlrb-to-weigh-in-on-mcdonalds-labor-dispute
NLRB to weigh in on high-stakes McDonald’s labor dispute
By Tim Devaney -
03/29/15
A high-stakes legal dispute pitting McDonald’s Corp. against labor unions is set to enter a crucial phase this week, when the National Labor Relations Board takes up consideration of a case with major implications for franchise businesses.
An NLRB administrative law judge on Monday will begin weighing whether McDonald’s should be responsible for what employees say are poor working conditions and low pay at many of its franchise restaurants.
A finding in the affirmative would mark the first time that a major franchisor would be found culpable for labor violations at individual chains, following a finding last year by the NLRB’s lead attorney that McDonald’s should be treated as a “joint employer.”
That status would expose the corporation to liability for worker rights violations and force it to the negotiating table in collective bargaining situations.
The joint employer finding is among the most contentious actions taken by a labor board that has emerged as a political lightening rod under the Obama administration, and a top punching bag for business groups and congressional Republicans.
McDonald’s argues it is not a joint employer, contending that independent franchise owners operate the restaurants. Any ruling to the contrary would do grave harm to the franchise model, business groups say.
“It’s not going to stop at McDonald’s,” explained Elizabeth Milito, senior legal counsel of the National Federation of Independent Business (NFIB). “This is really an assault on the entire franchise business model."
McDonald’s accuses the labor board of “mirroring the union’s position” and placing a target on the company's back.
“As we have said previously, the National Labor Relations Board’s decision to involve McDonald’s in its actions against our independent franchisees improperly strikes at the heart of the franchise system — a system that creates economic opportunity, jobs and income for thousands of business owners and their employees across the country,” the company said in a statement.
But critics allege McDonald’s is, in fact, controlling the operations from a distance by instructing franchise owners on everything from their employees schedules to what they should say to customers and how they fold sandwich bags — claims the cheeseburger chain adamantly disputes.
“McDonald’s is the boss,” said David Dean, an employment lawyer with James & Hoffman PC. “It shouldn’t be hiding behind its franchisees.”
The consolidated case now before the NLRB stems from dozens of complaints of alleged retaliatory actions taken by McDonald’s franchises against employees who participated in nationwide fast food protests.
In November 2012, about 200 workers protested against McDonald’s and other popular fast food restaurants in New York City. From there, the fast food protests took off and spread to more than 200 cities across the country.
The fast food workers are calling for no less than $15 an hour and the opportunity to organize a union.
Some McDonald’s franchises responded by cutting back hours, and in some cases, firing workers who participated in the strikes, the complainants allege.
Labor lawyers say McDonald’s shouldn’t be given a “free pass” when its franchisees cross the line.
“There is exactly one entity that’s in a position to fix the problem,” Dean said, alluding to McDonald’s Corp.
But McDonald’s says it focuses on promoting the company’s brand and does not get involved in the day-to-day operations at franchise restaurants.
“McDonald’s does not direct or co-determine the hiring, termination, wages, hours, or any other essential terms and conditions of employment of our franchisees’ employees — which are the well-established criteria governing the definition of a ‘joint employer,’” the company said in a statement.
Last summer, NLRB general counsel Richard Griffin said he would hold McDonald’s corporation jointly responsible for the actions of its franchises.
In December, Griffin followed up by issuing 19 complaints against McDonald’s.
The complaints will be considered during hearings in New York, Los Angeles and Chicago, beginning Monday.
The resulting decision could then be appealed to the NLRB’s five-member board in a case that would move next to the federal courts and could eventual be decided by the Supreme Court.
“I think all businesses should recognize this is bigger than a McDonald’s problem,” said Michael Lotito, an employment and labor attorney and co-chairman of Littler Mendelson's conservative Workplace Policy Institute.
“The labor board is embarking on a process that fundamentally redefines who an employer is and who an employee is,” he added.
The NLRB’s consideration of those issues extends well beyond the golden arches.
Separately, the labor board is weighing another case — known as Browning-Ferris — that experts say could have an even greater affect on the joint employer standard.
Under the current standard, a company is considered a joint employer if they are directly involved in hiring, firing, or setting the pay and schedules for those employees.
But the NLRB is weighing a change that could put more companies on the hook for the employees of their franchisees, contractors, vendors and suppliers.
A company that outsources to a security firm, construction company or janitorial service, for example, could be equally responsible for the employees of their contractors, employer advocates say.
“What that means is essentially anyone could be a joint employer,” said Glenn Spencer, vice president of Workforce Freedom Initiative at U.S. Chamber of Commerce. “There’s no question it would make franchise operations much more difficult.”
But that may not be such a bad idea, said Sarah Leberstein, senior staff attorney for the National Employment Law Project, who pointed out that companies often outsource jobs to skirt their responsibility.
“Companies are free to outsource their work, but they can’t outsource their responsibilities for their employees,” Leberstein said. “Without joint employer responsibility, this type of corporate outsourcing can result in a lack of responsibility for workplace conditions.”
“A high-stakes legal dispute pitting McDonald’s Corp. against labor unions is set to enter a crucial phase this week, when the National Labor Relations Board takes up consideration of a case with major implications for franchise businesses. An NLRB administrative law judge on Monday will begin weighing whether McDonald’s should be responsible for what employees say are poor working conditions and low pay at many of its franchise restaurants. A finding in the affirmative would mark the first time that a major franchisor would be found culpable for labor violations at individual chains, following a finding last year by the NLRB’s lead attorney that McDonald’s should be treated as a “joint employer.” …. The joint employer finding is among the most contentious actions taken by a labor board that has emerged as a political lightening rod under the Obama administration, and a top punching bag for business groups and congressional Republicans. …. “It’s not going to stop at McDonald’s,” explained Elizabeth Milito, senior legal counsel of the National Federation of Independent Business (NFIB). “This is really an assault on the entire franchise business model." McDonald’s accuses the labor board of “mirroring the union’s position” and placing a target on the company's back. …. But critics allege McDonald’s is, in fact, controlling the operations from a distance by instructing franchise owners on everything from their employees schedules to what they should say to customers and how they fold sandwich bags — claims the cheeseburger chain adamantly disputes. “McDonald’s is the boss,” said David Dean, an employment lawyer with James & Hoffman PC. “It shouldn’t be hiding behind its franchisees.” The consolidated case now before the NLRB stems from dozens of complaints of alleged retaliatory actions taken by McDonald’s franchises against employees who participated in nationwide fast food protests. …. The fast food workers are calling for no less than $15 an hour and the opportunity to organize a union.”
I have been watching this dispute by the fast food industry since I first saw an article about it nine months ago or so. It's a true grass roots movement, not an argument roiled by an overly powerful union. I am so pleased to see a group with teeth weighing in on the matter. Of course the final say will rest with the Supreme Court. One of the most important problems our country faces today is the extremely low wages that have continued since the 1970s or so. “The working poor” are people with full time jobs who can't make a living on their wages. Bye, bye, Middle Class!
Ever since the unions were weakened, partly due to the outsourcing of jobs like factory work which had been a mainstay of our Lower Middle Class since I was in high school, our economy has suffered. For a full, healthy economy, it is necessary to have good wages for work that is done. Simply put, if people have no money they can't buy goods, and that's what drives business to grow and prosper. The GOP's short-sighted coddling of business with tax rebates, unfair jobs outsourcing regulations and union busting laws makes their base happy, but it doesn't improve the economy. Not only that, it tends to bring on stagnation and depressions which are not a real problem for the very rich, but they are killers for the poor who depend on each paycheck to rent an apartment and feed their family. Our last Republican--caused depression was 2008. That was George Bush's mismanagement, not Obama's. Republicans have persistently fought unions and minimum wage raises since the 1950's, but the strength and stubbornness of unions caused them to back down and raise wages. Republicans hate this fact, but unions are vitally important in our economic system, and as a result in our democratic principles. They perform the same purpose in the business world that wolves do in the environment. Too many deer eat the farmer's crops and spread diseases. I'm looking forward to more news on this subject.
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