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[Photo by Piron Guillaume via Unsplash]

Three Things: #KillTheBill, Kill It Dead, Die Already [UPDATED]

[UPDATE at end] Following the Senate today has been like watching an impeding train wreck. The track’s out just ahead, the conductor knows it, as do all the rest of the crew aboard. Not one of them has the smarts or spine to stop this crazy train.

So while this post was supposed to be about three things, it’s really all just one: the abject failure of Congressional Republicans to fashion effective health care legislation which meets their oath of office by calming the public’s worries to insure domestic tranquility, providing for the common defense against illness and injury, and promoting the general welfare through improved health.

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Anthony Scaramucci was hired to be a circus act, a distraction from whatever the White House is trying to get away with. Clearly he’s good at that. Screw that. I’ve muted his name on Twitter; you’ll be surprised what you see when you do the same across your social media and news feeds.

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This, from the rally on Capitol Hill tonight:

It’s this simple. Congress’ health care plan is America’s health care plan. Strip away everything else, start from the ground up, fund it, legislate and launch it.
But sadly the party leading Congress is incapable of vision. Get some, stat.

By the way, for you anti-Democratic Party folks: the Senate Dems are solidly unified behind killing all iterations of Repeal-and-Replace, and tonight, the ‘skinny repeal’. There are no defections. They are willing to work on a good faith bipartisan solution which fixes the ACA’s challenges. Senate GOP could meet them on this, but no — scoring a political win is more important to them than doing the right thing by the American public.

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If you want to stay on top of this, here are a few key accounts on Twitter:

Andy Slavitt (see his summary of tonight’s expected Senate action on Trumpcare)

Adam Jentleson

Ben Wikler

Ben Jacobs at The Guardian

Right now the Senate is headed toward a vote around 2:00-3:00 a.m. on a bill for which is no text or a CBO score. Paul Ryan will follow suit as soon as possible, no matter what bullshit you hear about not wanting the so-called ‘skinny repeal’. They are doing this in the middle of the night to hide from the public, literally on a Friday late in summer which in the past has been news dump zone. It’s a fraud, a total sham.

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That’s it. Call Congress now — start with your senators, then your representative. The life you save may be your own. (202) 224-3121 or (855) 712-7845.

UPDATE — 10:35 P.M. EDT —

All eight pages of the ‘skinny repeal’ bill have now been posted.

EIGHT. FUCKING. PAGES.

Read them here.

Blogger since 2002, political activist since 2003, geek since birth. Opinions informed by mixed-race, multi-ethnic, cis-female condition, further shaped by kind friends of all persuasions. Sci-tech frenemy, wannabe artist, decent cook, determined author, successful troublemaker. Mother of invention and two excessively smart-assed young adult kids. Attended School of Hard Knocks; Rather Unfortunate Smallish Private Business School in Midwest; Affordable Mid-State Community College w/evening classes. Self-employed at Tiny Consulting Business; previously at Large-ish Chemical Company with HQ in Midwest in multiple marginalizing corporate drone roles, and at Rather Big IT Service Provider as a project manager, preceded by a motley assortment of gigs before the gig economy was a thing. Blogging experience includes a personal blog at the original blogs.salon.com, managing editor for a state-based news site, and a stint at Firedoglake before landing here at emptywheel as technology’s less-virginal-but-still-accursed Cassandra.

A Sword Never Kills: The Trump Administration’s Increasing Deadliness

This was absolutely revolting news:

It’s but one example of the increasing mortality under Trump’s administration. A Dreamer — an example of the former magnanimity of U.S. policy who could have been a stellar spokesperson for this country — baked to death in a trailer.

But wait, there’s more. Much more:

… Monitoring group Airwars, in new figures provided to The Daily Beast, estimated that the coalition killed over 2,200 civilians in ISIS-held territory in Iraq and Syria between Trump’s inauguration on January 20 and July 13. This represents more than 360 civilian deaths a month and at least 12 a day since Trump entered the White House.

According to the coalition’s figures, its strikes have killed 603 civilians since the beginning of the airstrike campaign against ISIS in 2014. Of those, Airwars estimates that around 40 percent of them came after Trump’s inauguration, alluding to the possibility of a greater disregard for civilian life at a time when ISIS’s hold on its self-styled caliphate is coming to an end. …

More unnecessary, unwarranted civilian deaths, at least double the rate of the previous administration since Inauguration Day — the utter sloppiness with which the military has now been authorized to operate against ISIS will only increase radicalization as it sows death.

This sloppiness was foreshadowed early in this administration with the January 29 raid in Yemen, resulting in the death of a Navy SEAL and 30 civilians including mothers and children. Whether any truly ‘actionable intelligence’ was obtained is up in the air; Trump, however, obtained public relations material for his first State of the Union address. How fortunate for him.

Yes, how fortunate for Trump that the American public has yet to realize he is not careful and judicious when it comes to human life. He is, instead, cruel, mean, selfish and reckless.

Today the Senate votes on a Motion to Proceed with the next iteration of Trump’s desired Repeal-and-Replace-ACA attempt. If the GOP succeeds in carrying out Trump’s aims to end ACA, people will be forced off health insurance keeping them alive today.

We’re all in the back of an over-warm trailer. We’re all in a house in ISIS-held Syria. But we don’t have to be.

Seneca the Younger said, “A sword never kills anybody; it is a tool in the killer’s hand.”

Take the sword out of the killer’s hand. It’s within our power.

Call your senator and ask them to reject any effort to repeal and replace the ACA, for starters. Millions of Americans will thank you, some of whom you surely know, many of whom we can save from death. We can start there.

Blogger since 2002, political activist since 2003, geek since birth. Opinions informed by mixed-race, multi-ethnic, cis-female condition, further shaped by kind friends of all persuasions. Sci-tech frenemy, wannabe artist, decent cook, determined author, successful troublemaker. Mother of invention and two excessively smart-assed young adult kids. Attended School of Hard Knocks; Rather Unfortunate Smallish Private Business School in Midwest; Affordable Mid-State Community College w/evening classes. Self-employed at Tiny Consulting Business; previously at Large-ish Chemical Company with HQ in Midwest in multiple marginalizing corporate drone roles, and at Rather Big IT Service Provider as a project manager, preceded by a motley assortment of gigs before the gig economy was a thing. Blogging experience includes a personal blog at the original blogs.salon.com, managing editor for a state-based news site, and a stint at Firedoglake before landing here at emptywheel as technology’s less-virginal-but-still-accursed Cassandra.

[Photo by Piron Guillaume via Unsplash]

Call to Action: Senate Vote Ahead – Stop Trumpcare

I’m going to let Senator Chris Murphy (D-CT) explain what’s going on in his eight-tweet thread from last evening — and then we are getting down to business.

@ChrisMurphyCT tweet thread dd. 23JUL2017

Here’s HuffPo on status of this latest iteration of Repeal-and-Replace-ACA. Sen. Susan Collins (R-ME) said, “It appears we’ll have a vote on Tuesday but we don’t know whether we’ll be voting on the House bill, the first version of the Senate bill, the second version of the Senate bill,” sounding very unhappy about being kept in the dark.

Agreed — this is not how a democracy is run.

Two more things you need to know:

— Trump’s administration is trying to crash the ACA; it terminated contractors in 18 cities to help with signups. Think of this as the equivalent of voter disenfranchisement by eliminating polls, only in this case, it could have deadly affects on citizens.

Trump “asked” Navy service members to call their senators to vote to repeal ACA. This is an abuse of power; an “ask” by the commander-in-chief is an order, and in this case it’s an order to U.S. military to take action against their own interests and against their fellow citizens. This may already have had a negative effect on counts based on reports last night on Twitter.

What’s next?

CALL YOUR SENATOR NOW before the vote and ask them to vote NO on the Motion to Proceed, and NO on any subsequent vote to repeal and/or replace ACA.

Tools you can use:

Here’s calling scripts prepared by the ever-helpful @Celeste_Pewter, one each for GOP and Democratic senators. (Celeste has an updated status on the impending vote, too.)

No on BRCA (GOP) via @Celeste_Pewter

No on BRCA (Dem) via @Celeste_Pewter

Switchboard telephone number: (202) 224-3121

Free fax by internet to Congress by Faxzero: https://faxzero.com/fax_senate.php

Help keep track of responses at: https://5calls.org/ (not for use on mobile)

For more information on BRCA vote:

Follow  @benwikler – MoveOn’s Washington DC director, who is all over this legislation.

Follow @make5calls

Follow @icalledmyreps

If you have any more resources to follow on the health care vote(s) this week, please share them in comments.

Lastly, if you live in Alaska, West Virginia, Ohio, Maine, you are a Most Valuable Player right now because your senators are on the bubble. Please make calls to your senators — thanks!

IMPORTANT: This is NOT an open thread. Health care comments here only; all other comments may be posted in the last open thread. Thank you.

Blogger since 2002, political activist since 2003, geek since birth. Opinions informed by mixed-race, multi-ethnic, cis-female condition, further shaped by kind friends of all persuasions. Sci-tech frenemy, wannabe artist, decent cook, determined author, successful troublemaker. Mother of invention and two excessively smart-assed young adult kids. Attended School of Hard Knocks; Rather Unfortunate Smallish Private Business School in Midwest; Affordable Mid-State Community College w/evening classes. Self-employed at Tiny Consulting Business; previously at Large-ish Chemical Company with HQ in Midwest in multiple marginalizing corporate drone roles, and at Rather Big IT Service Provider as a project manager, preceded by a motley assortment of gigs before the gig economy was a thing. Blogging experience includes a personal blog at the original blogs.salon.com, managing editor for a state-based news site, and a stint at Firedoglake before landing here at emptywheel as technology’s less-virginal-but-still-accursed Cassandra.

Rick Scott Continues Struggle to Look Human, Endorses Medicaid Expansion While Infuriating Tea Party

Scott's attempts to look human are hampered by his striking resemblance to Voldemort.

Scott’s attempts to look human are hampered by his striking resemblance to Voldemort.

Rick Scott was elected Governor of Florida in 2010 by a razor-thin margin that many attribute to his strong support from the Tea Party movement. A large portion of that support was garnered through his highly public opposition to President Obama’s Affordable Care Act. However, with the small exception of my Congressional district electing batshit crazy Tea Partier Ted Yoho in 2012, it appears that the Tea Party is on a bit of a retreat in Florida and so, with Charlie Crist now looking like a very formidable opponent for the 2014 gubernatorial race, Scott is systematically reversing his position on a number of issues away from the crazy and toward both the human and the humane.

A huge step in Scott’s attempted move back toward humanity took place early yesterday evening, as he announced his support for Florida participating in expansion of Medicaid under the ACA. He even resorted to the death of his mother to justify the move:

The governor said he gained new perspective after his mother’s death last year, calling his decision to support a key provision of the Affordable Care Act a “compassionate, common sense step forward,” and not a “white flag of surrender to government-run healthcare.”

However, the representatives of Professional Crazy were not amused by this development. From the same AP article:

“I am flabbergasted. This is a guy who, before he was a candidate for governor, started an organization to fight ‘Obamacare’ in the expansion of medical entitlements. This is a guy who said it will never happen on his watch. Well, here it is,” said Slade O’Brien, Florida director of the conservative group Americans for Prosperity.

In other words, AFP notes that Scott was just one more of their huge investments that produced very poor returns.

And McClatchy brings us the Tea Party response, thankfully translated from the original jibberish:

“This is just another example of Republicans lying to Floridians,” said Everett Wilkinson of Palm Beach Gardens, calling Scott “the Benedict Arnold to the patriot and tea party movement in Florida.”

Of course, Florida’s Grifter in Chief (who still holds the record for the largest federal fine paid by a company for Medicare fraud) wouldn’t make this move if he couldn’t further enrich his old HCA co-conspirators or other corporate fraudsters, and so he has engineered a new opportunity. From the AP article: Read more

Many years ago, Jim got a BA in Radiation Biophysics from the University of Kansas. He then got a PhD in Molecular Biology from UCLA and did postdoctoral research in yeast genetics at UC Berkeley and mouse retroviruses at Stanford. He joined biosys in Palo Alto, producing insect parasitic nematodes for pest control. In the early 1990’s, he moved to Gainesville, FL and founded a company that eventually became Entomos. He left the firm as it reorganized into Pasteuria Biosciences and chose not to found a new firm due a clash of values with venture capital investors, who generally lack all values. Upon leaving, he chose to be a stay at home dad, gentleman farmer, cook and horse wrangler. He discovered the online world through commenting at Glenn Greenwald’s blog in the Salon days and was involved in the briefly successful Chris Dodd move to block the bill to renew FISA. He then went on to blog at Firedoglake and served a brief stint as evening editor there. When the Emptywheel blog moved out of Firedoglake back to standalone status, Jim tagged along and blogged on anthrax, viruses, John Galt, Pakistan and Afghanistan. He is now a mostly lapsed blogger looking for a work-around to the depressing realization that pointing out the details of government malfeasance and elite immunity has approximately zero effect.

Requiem For ACA at SCOTUS & Legitimacy Of Court and Case

The Patient Protection and Affordable Care Act (ACA), otherwise popularly known as “Obamacare” had a bit of a rough go of it this week at the Supreme Court. Jeff Toobin called it a train wreck (later upgraded to plane wreck). Kevin Drum termed it a “debacle” and Adam Serwer a “Disaster“.

Was it really that bad? Considering how supremely confident, bordering on arrogant, the Obama Administration, and many of the ACA’s plethora of healthcare “specialists”, had been going into this week’s arguments, yes, it really was that bad. Monday’s argument on the applicability of the tax Anti-Injunction Act (AIJA) went smoothly, and as expected, with the justices appearing to scorn the argument and exhibit a preference to decide the main part of the case on the merits. But then came Tuesday and Wednesday.

Does that mean the ACA is sunk? Not necessarily; Dahlia Lithwick at Slate and Adam Bonin at Daily Kos sifted through the debris and found at least a couple of nuggets to latch onto for hope. But, I will be honest, after reading transcripts and listening to most all of the audio, there is no question but that the individual mandate, and quite possible the entire law, is in a seriously precarious lurch.

Unlike most of my colleagues, I am not particularly surprised. Indeed, in my argument preview piece, I tried to convey how the challenger’s arguments were far more cognizable than they were being given credit for. The simple fact is the Commerce Clause power claimed by Congress in enacting the individual mandate truly is immense in scope, – every man, woman and child in the United States – and nature – compelled purchase of a product from private corporate interests. Despite all the clucking and tut tutting, there really never has been anything like it before. The Supreme Court Justices thought so too.

I have no idea what kind of blindered hubris led those on the left to believe the Roberts Court was going to be so welcoming to their arguments, and to be as dismissive of the challengers’ arguments, as was the case. Yes, cases such as Raich and Wickard established Congress could regulate interstate commerce and Morrison and Lopez established there were limits to said power. But, no, none of them directly, much less conclusively, established this kind of breathtaking power grant as kosher against every individual in the country.

Despite the grumbling of so many commentators that the law was clear cut, and definitively Read more

Bmaz is a rather large saguaro cactus in the Southwestern Sonoran desert. A lover of the Constitution, law, family, sports, food and spirits. As you might imagine, a bit prickly occasionally. Bmaz has attended all three state universities in Arizona, with both undergraduate and graduate degrees from Arizona State University, and with significant post-graduate work (in physics and organic chemistry, go figure) at both the University of Colorado in Boulder and the University of Arizona. Married, with both a lovely child and a giant Sasquatch dog. Bmaz has been a participant on the internet since the early 2000’s, including active participation in the precursor to Emptywheel, The Next Hurrah. Formally joined the Emptywheel blog as an original contributing member at its founding in 2007. Bmaz grew up around politics, education, sports and, most significantly, cars; notably around Formula One racing and Concours de Elegance automobile restoration and showing. Currently lives in the Cactus Patch with his lovely wife and beast of a dog, and practices both criminal and civil trial law.

ACA at SCOTUS: Some Thoughts On The Mandate

As you likely know by now, we stand on the cusp of historic oral arguments this week in the Supreme Court on the Patient Protection and Affordable Care Act (ACA), otherwise popularly known as “Obamacare”. The arguments will occur over three days, for a total of six hours, Monday through Wednesday. Yes, they really are that historic, as Lyle Denniston explains in SCOTUSBlog. The schedule is as follows: Monday: 90 minutes on whether the Anti Injunction Act (AIJA) prevents consideration of a challenge to the individual mandate until it takes effect in 2014; Tuesday: Two hours on the Constitutionality of the individual mandate; and Wednesday: 90 minutes on severability of the main law from the mandate and 60 minutes on state sovereignty concerns of Medicaid reform.

There are two areas of particular interest for me and which really are the meat on the bone of the overall consideration. The first is Monday’s technical argument on the AIJA, which I actually think may be much more in play than most commentators believe, because the Supremes may want to punt the politically sticky part of the case down the road until after the 2012 elections, and the AIJA argument is a ready made vehicle to do just that. Judge Brett Kavanaugh’s dissent in Seven Sky v. Holder explains how that would go should the Supreme beings decide to punt. This is by no means likely, but do not be shocked if it occurs; can kicking down the road is certainly not unknown at SCOTUS on politically sensitive cases.

By far, however, the biggest, and most contentious, kahuna of the healthcare debate is the individual mandate, and that is where I want to focus. The two sides, pro (predominantly liberal left) and con (predominantly conservative right), have been selling their respective wares since before the law was passed and signed by the President. As we truly head into the arguments, however, the pro left have crystallized around a matched pair of articles by Dahlia Lithwick and Linda Greenhouse, and the con right around response pieces by James Taranto and Ed Whelan.

Now this hardly seems like a fair fight, as Taranto has no degree, nor legal training, whatsoever; that said he and Whelan actually lay out the contra to Dahlia and Linda pretty well. Each side effectively accuses the other of being vapid and hollow in argument construct. I will leave aside any vapidity discussion because I think both sides genuinely believe in their positions; as to the hollowness, though, I think both sides are pretty much guilty. Which is understandable, there is simply not a lot of law directly on point with such a sweeping political question as presented by the mandate. “Unprecedented” may be overused in this discussion, but it is not necessarily wrong (no, sorry, Raich v. Gonzales is not that close; it just isn’t).

In short, I think both sides are guilty of puffery as to the quality of legal support for their respective arguments, and I believe both are guilty of trying to pass off effective political posturing as solid legal argument. Certainty is just not there for either side. This is a real controversy, and the Supreme Court has proved it by allotting the, well, almost “unprecedented” amount of time it Read more

Bmaz is a rather large saguaro cactus in the Southwestern Sonoran desert. A lover of the Constitution, law, family, sports, food and spirits. As you might imagine, a bit prickly occasionally. Bmaz has attended all three state universities in Arizona, with both undergraduate and graduate degrees from Arizona State University, and with significant post-graduate work (in physics and organic chemistry, go figure) at both the University of Colorado in Boulder and the University of Arizona. Married, with both a lovely child and a giant Sasquatch dog. Bmaz has been a participant on the internet since the early 2000’s, including active participation in the precursor to Emptywheel, The Next Hurrah. Formally joined the Emptywheel blog as an original contributing member at its founding in 2007. Bmaz grew up around politics, education, sports and, most significantly, cars; notably around Formula One racing and Concours de Elegance automobile restoration and showing. Currently lives in the Cactus Patch with his lovely wife and beast of a dog, and practices both criminal and civil trial law.