“If the majority [of the U.S. Supreme Court] agrees with [Judge Roger] Vinson, President Obama would find not only his health care bill undone, but also face the most significant scaling back of the government's power to use legislation to solve its problems in decades,” Time's Michael Lindenberger warned in a February 2 post at the magazine's website. To reach such a conclusion, however, Lindenberger must have misunderstood Vinson's ruling on Monday in State of Florida v. U.S. Dept. of Health and Human Services , which sought not to “turn back the clock” on commerce clause interpretation but merely prevent its overextension into an unprecedented and dangerous arena: forcing Americans to buy private health insurance under the flimsy illogic that such economic inactivity actually amounts to commercial activity. “I am required to interpret this law as the Supreme Court presently defines it. Only the Supreme Court can redefine or expand it further,” Vinson noted on page 43 of his 78 page opinion. The Reagan appointee noted that no less legislative authorities than the Congressional Research Service and the Congressional Budget Office have found Congress requiring Americans to purchase private health insurance under penalty of law to be “novel” and “unprecedented” “To now hold that Congres may regulate the so-called 'economic decision' to not purchase a product or service in anticipation of future consumption is a 'bridge too far.' It is without logical limitation and far exceeds the existing legal boundaries established by Supreme Court precedent,” Vinson argued. So, it logically follows, for the Roberts Court to “agree with Vinson” would be to ratify his understanding of the Constitution and existing case law and to clarify that Congress punishing Americans for choosing NOT to engage in commerce is a “bridge too far” to be justified by grounding it in the Constitution's commerce clause. While it's true that the conservative majority on the Roberts Court could avail itself the opportunity to revise or overturn commerce clause precendents that already vex conservatives, it need not do so in order to invalidate ObamaCare. What's more, given Chief Justice Roberts'
Continue reading …Hospital managers across the country are confronting a tough decision, reports the New York Times : whether to allow families to videotape births. For one thing, those ever-more powerful cameras can deliver strikingly detailed pieces of evidence should things go wrong. In a 2007 case, for example, the University of Illinois…
Continue reading …I’d like to send a very big and public thank you to my gallerist, James Danziger of Danziger Projects, for recently selling several of my images to the Victoria & Albert Museum in London and to the Tokyo Metropolitan Museum of Photography. James has been one of my biggest supports from the very beginning. His faith in my work is quite humbling. Actually, if you happen to be in Tokyo next week you can see my work in an exhibit called “Radiant Moments: Snapshots Cast Their Spell. ” I’m so proud to have my images hanging with photographers like Walker Evans and Paul Fusco. Radiant Moments: Snapshots Cast Their Spell Dates: from Dec.11, 2010 through Feb.6, 2011 Venue: Tokyo Metropolitan Museum of Photography P.S. James also has a great blog, The Year in Pictures . I’ve learned so much about the art of photography reading his blog for the past two years.
Continue reading …Image: Multichannel.com Before Republican Senator Fred Upton suddenly abandoned his stance that climate change is a “serious problem” to say instead that regulating carbon emissions would be an “unconstitutional power grab that will kill millions of jobs”—it turns out that before he changed his mind, he was holding secret meetings with energy lobbyists. … Read the full story on TreeHugger
Continue reading …We’re no strangers to Zigbee around these parts, using the various Alliance-certified devices to monitor our power usage and let our refrigerators talk to our washing machines . Soon our cars might be able to get in on that little conversation with the Zigbee Alliance and SAE International starting to work together. SAE develops standards and certifications in the automotive industry (amongst many others) and it embracing Zigbee Smart Energy means that we should see many more auto manufacturers adopting this tech to enable their cars to talk to the grid straight through their plugs. They’ll be able to do things like provide charging status updates and to pull down utility pricing information, ensuring your ride charges when rates are lowest. Many current and most upcoming electric cars can do this sort of thing, but they rely on wireless data connectivity to do so. Zigbee would eliminate that. No word on which manufacturers will jump on first, but given the pull the SAE has we think many will. Continue reading SAE and Zigbee team up to make plug-in cars charge smarter SAE and Zigbee team up to make plug-in cars charge smarter originally appeared on Engadget on Thu, 03 Feb 2011 16:23:00 EDT. Please see our terms for use of feeds . Permalink
Continue reading …When it comes to business, Americans have long been used to being on top—but oh, how the mighty have fallen in some arenas. 24/7 Wall Street breaks down the top 10 industries in which “Made in the USA” doesn’t dominate as it once did: Autos —High labor costs and…
Continue reading …photo: Jason / Creative Commons So according to the UN it’s the International Year of Forests (last year it was biodiversity, for those with short memories), which means that in coincidence with the official start of that year there are a number of reports released highlighting the state of the world’s forests. There’s good news and bad news. First the good news:… Read the full story on TreeHugger
Continue reading …A Lithuanian company known for everything from cola to computers wants to open a tropical resort. But it’s restrictions on how employees should look has some people upset. (Feb. 3)
Continue reading …enlarge While pro-democracy protesters in Egypt are fighting it out in the streets against armed government thugs, there’s another battle taking place in the court of public opinion. For those with a bent toward assuming everything this country does is evil and the same regardless of administration, President Obama has not done enough to support the pro-democracy forces. But as today’s Wikileaks document release shows, the Obama administration’s approach to diplomacy and human rights is completely different than the Bush administration. Of course, you should always take these cables with a grain of salt, since they represent the point of view of the writer, but they’re still enlightening. In 2004, Yemen’s President Saleh reached out to President Bush via diplomatic channels. This was shortly after Bush’s re-election in 2004, the Iraq war was raging away, Afghanistan was languishing, and the term “Islamic extremists” was on the tip of everyone’s tongue. From Embassy Sanaa, December 6, 2004 : President Saleh emphasized his desire to be among the first foreign leaders to personally congratulate President Bush on his reelection, and said he needed to meet with Secretary of State designate Dr. Rice and other newly appointed senior officials to raise new regional developments that can only be discussed “face to face.” True to form, Saleh launched into a list of what he believes the U.S. owes him. “Where is the money for the Army, and what about my spare (F-5) parts?” Saleh demanded. Ambassador promise to follow up on this matter. (Note: OMC reports difficulties in getting MOD to follow through with the necessary paperwork on parts and equipment in order to spend the 17 million USD in Yemen’s FMF account. End Note.) You might wonder why Yemen’s president felt as though he could be so petulant and demanding? I certainly did. The answer seems to be farther down in the cable. Saleh raised the 28 security detainees, meant to be released in the Ramadan amnesty, who the ROYG has agreed to continue to hold based on USG objections. Saleh told Ambassador that the 28 were arrested under suspicion of AQ membership, having returned to Yemen from Saudi Arabia or Afghanistan, but that after investigation there was no evidence they were involved in terrorist acts. “We are waiting for information from you,” said Saleh. Ambassador replied that we had already provided all the information currently available. The problem, said Ambassador, is continued ROYG refusal to exchange information. Ambassador reiterated that we have asked repeatedly for the evidence that led the ROYG to conclude these 28 should be released. Surely there must be case files, transcripts of interviews, investigation notes, pressed Ambassador, yet the ROYG maintains it has no information on these suspects. There’s more in there about grey market weapons transactions and the like, but these exchanges seem key. Clearly the Bush administration was trading aid, military funding, and weapons for Yemeni agreement to hold hostages on trumped-up, unprovable charges. Dateline, Cairo: January 6, 2010 In a scenesetter document written in advance of Assistant Secretary of State Michael Posner’s visit, an entirely different focus. Here are a few key snippets: U.S. funding supports civil society efforts to train candidates and domestic monitors, educate voters and provide technical assistance to the GOE in administering the elections. However, the GOE remains skeptical of our role in democracy promotion, contending that any efforts to open up will result in empowering the Muslim Brotherhood (MB), which currently holds 86 seats in Egypt’s 454-seat parliament. Widespread arrests and internal dissent have weakened the MB and its electoral chances, but many still see it as the only alternative to the current regime and a weak secular opposition. We have urged the GOE to expand the space provided to political actors, including allowing for the registration of new parties. GOE-sanctioned harassment of political activists continues. The most high-profile has been a decision by the GOE to deny Ayman Nour an exit visa to travel to Washington. Now I am not arguing that all US funding supports election efforts. But I am saying that it’s far too simplistic to simply say “Bah! The US supports the military and therefore is completely responsible for Mubarak’s recalcitrance.” Clearly US funding supports more than the military, so calling for that spigot to close may not be wise. Also, the keepers of the purse in the US are the Congress, not the President…but that’s another topic for a different post. Further on in the same cable, this: Since May 2009, we have asked the government to take several steps forward, including: Lift the State of Emergency, and replace it with a counterterrorism law guaranteeing civil liberties. Release detained bloggers. Facilitate monitoring for the 2010 and 2011 elections. Register the U.S. NGOs operating in Egypt: NDI, IRI and IFES. Publicly endorse the quasi-governmental National Council for Human Rights’ (NCHR) May 2009 recommendations, which include lifting the State of Emergency, addressing sectarian tensions, abolishing prison sentences for journalists, and passing legislation to combat torture more effectively. Pass uniform places of worship legislation to allow Christians to worship freely, and redress discrimination. Issue ID cards for Bahai’is. Not quite the warmongering government of the past, is it? Seems to me these requests fall right into line with what the pro-democracy protesters are after. Oh, here’s something else our aid money funds: While the GOE and its supporters claim that police brutality is unusual, human rights lawyers believe it continues to be a pervasive, daily occurrence in prisons, police stations and Interior Ministry State Security (SSIS) headquarters (ref D). Activists assert that the police and SSIS have adapted to increased media and blogger focus on police brutality by hiding the abuse and pressuring victims not to bring cases. Human rights lawyers believe the GOE should reduce pressure on officers to solve cases immediately, allow suspects to be accompanied by an attorney during questioning in police detention, and amend the laws to increase the penalties for brutality. We expect USG-funded human rights-oriented police training will resume in late January. Draft legislation increasing penalties for police brutality and broadening the definition of torture has languished in the Ministry of Justice. And this, which is not aid-related but certainly appears to be a topic of deep concern to the State Department: Prominent democracy activist XXXXXXXXXXXXXX (XXXXXXXXXXXX) remains in self-imposed exile in the United States following a June 2007 civil suit accusing him of committing “espionage” by urging President Bush to condition aid to Egypt. In May 2009, an appeals court reversed an August 2008 civil ruling against XXXXXXXXXXXXXX for “tarnishing Egypt’s image abroad” in a suit filed by an NDP activist, and overturned the two-year prison sentence and fine (ref F). The appeals court also ruled that the five to six pending civil lawsuits against XXXXXXXXXXXXX on similar grounds be referred to the Prosecutor General (attorney-general equivalent) for investigation. The Public Prosecutor referred a separate criminal case against XXXXXXXXXXXXXXX for investigation in January 2009 for allegedly committing “espionage” by asserting in newspaper articles that he had convinced President Bush to withhold aid because of lack of progress on democratic reform. The United States has had some rotten foreign policy, but I’m not seeing it in play in Egypt. What I am seeing, and what may make other regional leaders nervous, is an active push toward diplomatic solutions to flagrant human rights violations, and allocation of US dollars toward correcting those wrongs, which is a radical departure from the previous administration.
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