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“As Dumb As It Is Predictable”: The Dumbest Thing The Right Is Saying About Sebelius’ Replacement

President Obama may have had troubles with the Healthcare.gov rollout, but he’s rolling out a replacement for departing Health and Human Services Secretary Kathleen Sebelius nicely. Appointing Sylvia Mathews Burwell, who was confirmed last year to head the Office of Management and Budget 96-0, virtually insures he’ll get someone into Sebelius’ seat before midterm politics heat up.

That doesn’t mean the right won’t try to throw garbage at the centrist and well-respected Burwell. On PJ Tatler today they’re calling her “the person who shut down the veterans’ memorials,” because as OMB chief, she signed the memo telling agencies “to execute plans for an orderly shutdown due to the absence of appropriations” when Sen. Ted Cruz and the GOP shut down the government last year.

You’ll recall that Cruz and the right had the audacity to blame Obama and the Democrats for the shutdown, which backfired on them spectacularly. But not before Cruz, Sarah Palin and a Confederate-flag-waving moron challenged the closure of the World War II veterans’ memorial with a protest that moved to the White House, where Larry Klayman told President Obama “to put the Quran down … and come out figuratively with your hands up.” Good times.

So yeah, they’re going to try that whole thing again, but it’s not going to work. (An aside: this NBC News story calls Burwell “the woman who ordered the government shutdown,” which at the time probably seemed like a feature writer’s flourish to pull people into a dull story about the OMB director, but in hindsight didn’t accurately describe the way the mess unfolded.)  Sen. John McCain immediately tweeted, “Sylvia Burwell is an excellent choice to be the next #HHS Secretary.” While righties are hoping that red state Democrats will turn on the woman who supposedly ordered the shutdown of veterans’ memorials, Sen. Joe Manchin praised Burwell’s appointment, too. (It probably helps that she’s from West Virginia.)

On the larger question of Sebelius’ legacy, we can only say that millions of people got health insurance, and millions more still need it. Ezra Klein trolled the right by declaring that it means “Obamacare has won,” which is pretty funny given that he helped lead the national freak-out over Healthcare.gov’s troubles back in October. Jonathan Cohn has a more balanced take in the New Republic. He acknowledges Sebelius’ management mistake in letting the federal exchange website’s troubles mount without letting the president know – there’s evidence she herself didn’t know – but he appropriately notes she’ll be remembered for the millions newly insured, particularly because she worked hard with Republican governors who bucked conservative constituencies to expand Medicaid.

Of course, confirming Burwell won’t mean the GOP stops trying to sabotage the Affordable Care Act. They had mostly stopped blaming Sebelius, because the new talking points say nobody could have made the law work, because by definition it can’t work. Having done everything in their power to insure it can’t work, which is literally costing American lives, they blame Obama for its shortcomings. However brilliant an HHS pick she may be, Sylvia Burwell can’t change that.

 

By: Joan Walsh, Editor at Large, Salon, April 11, 2014

April 12, 2014 Posted by | DHHS, Government Shut Down | , , , , , , , | Leave a comment

“The True Architects And Gatekeepers”: The ‘Real Racists’ Have Always Worn Suits

This week we’ve commemorated the 50th anniversary of the passing of the Civil Rights Act of 1964, the monumental piece of legislation aimed at outlawing discrimination based on race. A three-day-long “civil rights summit” was organized at the LBJ Presidential Library in Austin, Texas, where many past and present activists and politicians spoke on the legacy of the Civil Rights Act.

With the commemoration has come further discussion about the contemporary face of American racism (Chris Hayes hosted a great segment on the topic last night with Salon’s Brittney Cooper and New York‘s Jonathan Chait). Over at BET, Keith Boykin wrote:

Despite the progress of the past half century, the struggle continues. “The bigger difference is that back then they had hoods. Now they have neckties and starched shirts.” So said baseball hall of famer Hank Aaron in an interview with USA Today this week, in which he seemed to compare the racist klansmen of the 1960s with the supposedly post-racial cynics of our current generation.

You see, today’s racists don’t wear white hoods and scream the N-word. They wear dark suits and scream about government handouts. They don’t set up racist poll taxes to deter Blacks from voting. They set up voter ID laws to do the same thing. And they certainly don’t defend lynch mobs, which legitimize vigilante justice. Instead, they defend Stand Your Ground laws, which achieve the same purpose.

But I have trouble with this framing. It’s neat and easily digestible for anyone with only a cursory understanding of American history and racism, and therefore popular as a means of telling that history. It has broad appeal, but it’s not accurate. It flattens history and does the work of placing the onus for past bad deeds on a select few. It reinforces the image of “the real racist” as one who expressed their hatred in demonstrably violent ways. It suggests that racists have simply become more sophisticated, changing the tactics of their hatred from burning crosses to writing legislation, from white hoods to business suits, as that Hank Aaron quote contends.

Here’s the problem with that narrative: the architects and gatekeepers of American racism have always worn neckties. They have always been a part of the American political system.

I understand the impulse in wanting to find some way to convey that what we’re dealing with currently is a system of racism that is less overt than it once was. Saying things like “we’ve gone from white hoods to business suits” is one way to seem to speak to contemporary racism’s less vocal, yet still insidious nature. But it does a disservice to the public understanding of racism, and in the process undercuts the mission of drawing attention to contemporary racism’s severity.

It wasn’t the KKK that wrote the slave codes. It wasn’t the armed vigilantes who conceived of convict leasing, postemancipation. It wasn’t hooded men who purposefully left black people out of New Deal legislation. Redlining wasn’t conceived at a Klan meeting in rural Georgia. It wasn’t “the real racists” who bulldozed black communities in order to build America’s highway system. The Grand Wizard didn’t run COINTELPRO in order to dismantle the Black Panthers. The men who raped black women hired to clean their homes and care for their children didn’t hide their faces.

The ones in the hoods did commit violent acts of racist terrorism that shouldn’t be overlooked, but they weren’t alone. Everyday citizens participated in and attended lynchings as if they were state fairs, bringing their children and leaving with souvenirs. These spectacles, if not outright endorsed, were silently sanctioned by elected officials and respected members of the community.

It’s easy to focus on the most vicious and dramatic forms of racist violence faced by past generations as the site of “real” racism. If we do, we can also point out the perpetrators of that violence and rightly condemn them for their actions. But we can’t lose sight of the fact that those individuals alone didn’t write America’s racial codes. It’s much harder to talk about how that violence was only reinforcing the system of political, economic and cultural racism that made America possible. That history indicts far more people, both past and present.

 

By: Mychal Denzel Smith, The Nation, April11, 2014

April 12, 2014 Posted by | Discrimination, Racism | , , , , , , | Leave a comment

“All Were In The Moral Sewer”: Don’t Let The Bush Administration Off The Hook For Torture

There’s a new report out today from McClatchey on the CIA’s torture program based on that Intelligence Committee report. They got a closer look at it than journalists have before, so there are some more details. But there’s a danger in how this could be interpreted that will serve to let people who were complicit in the torture program off the hook, so we need to be careful about how we deal with this information. But first, here are their bullets:

  • The CIA used interrogation methods that weren’t approved by the Justice Department or CIA headquarters.
  • The agency impeded effective White House oversight and decision-making regarding the program.
  • The CIA actively evaded or impeded congressional oversight of the program.
  • The agency hindered oversight of the program by its own Inspector General’s Office.

And now to put this in context:

The Justice Department’s Office of Legal Counsel found that the methods wouldn’t breach the law because those applying them didn’t have the specific intent of inflicting severe pain or suffering.

The Senate report, however, concluded that the Justice Department’s legal analyses were based on flawed information provided by the CIA, which prevented a proper evaluation of the program’s legality.

“The CIA repeatedly provided inaccurate information to the Department of Justice, impeding a proper legal analysis of the CIA’s Detention and Interrogation Program,” the report found.

Several human rights experts said the conclusion called into question the program’s legal foundations.

“Proper legal analysis” my ass. This paints a picture that is completely at odds with everything else we know about what was going on in the Bush administration at the time. The report would have us believe that Bush administration lawyers came up with a reasonable, well-grounded definition of torture that allowed the CIA to interrogate people in an “enhanced” way, but the CIA went rogue and tortured their prisoners. I’m sorry, but that’s a joke.

The truth was this: the administration wanted to torture people. Lawyers in the White House Counsel’s office, then run by Alberto Gonzales, wrote a series of memos justifying it, using positively laughable logic and arguments sending a clear message to any official who might have a prisoner in their custody that you could do just about anything you wanted to him, and we’ll back you up by saying it wasn’t really “torture.” For instance, the infamous “Bybee memo” argued that it’s only torture if you’re acting with “specific intent” to cause pain and suffering, and if the causing of pain and suffering isn’t the intent for its own sake, but rather that using the pain and suffering to extract information is your intent, then presto, you’ve only tortured with “general intent,” and therefore you haven’t actually tortured. Bybee also wrote that though the statute forbidding torture mentioned the infliction of “severe” pain, we could construe pain to be “severe” only if it rose “to the level of death, organ failure, or the permanent impairment of a significant bodily function.” In other words, if I take a pair of pliers and tear out your fingernails, then I haven’t actually inflicted “severe” pain on you, because you’re still alive, your organs are intact, and you can still use your fingers. And therefore there hasn’t been any torture.

And that wasn’t even the only one; there was another infamous memo from John Yoo arguing that, in effect, if the president orders it, it’s not torture. This is the kind of “legal guidance” the CIA was getting from the White House. So the idea that they just went too far and exceeded the legal justification for what they were doing is baloney. The CIA may have been lying about what kinds of intelligence the torture was yielding, and they may even have been lying about exactly what methods they were employing. But everything they did—every waterboarding session, every use of stress positions, every use of sleep deprivation, and even every impromptu beat-down that may have occurred—happened because George W. Bush, through the lawyers who reported to him, told the CIA that it was A-OK to torture prisoners.

Bureaucratic conflicts between agencies are certainly of interest to historians. But the last thing we should ever do is let a report like this make us absolve anyone of responsibility for the torture program. The President, the Vice-President, the lawyers, the CIA—they all dove into that moral sewer together.

 

By: Paul Waldman, Contributing Editor, The American Prospect, April 11, 2014

April 12, 2014 Posted by | CIA, Torture | , , , , , , | Leave a comment

“LePage Vetoes Medicaid Expansion For All The Wrong Reasons”: Maine’s Paul LePage Is One Uninformed And Paranoid Governor

Maine’s Democratic state House Speaker, Mark Eves, noted the circumstances this week surrounding Medicaid expansion. “We have a bipartisan plan for life-saving health care for tens of thousands of Mainers,” he said. “It creates jobs, it save lives, it saves money.”

All of this happens to be true. Every state north of Virginia has either embraced Medicaid expansion or is working towards doing so – except Maine, where Gov. Paul LePage (R) refuses to cooperate. More than 60,000 low-income Mainers would benefit from the policy, on top of the economic and fiscal benefits, but the Republican governor nevertheless vetoed Medicaid expansion yesterday.

The measure also would have established a managed care system for all 320,000 beneficiaries, an effort to control costs in the $2.5 billion program, which is Maine’s version of the Medicaid health insurance program.

Under the Affordable Care Act, also known as Obamacare, the federal government offered to reimburse states for 100 percent of the cost of expansion for at least three years, then gradually reduce reimbursements rates to about 90 percent.

But in his veto message to the Legislature, LePage wrote that Maine could neither afford expansion nor trust the federal government to deliver on its promises.

The rejection didn’t come as a surprise, and Democratic state lawmakers will try to override LePage’s veto. By all accounts, however, they face an uphill climb – some GOP state lawmakers are on board with the policy, but probably not enough to generate a two-thirds majority.

But what was somewhat surprising was just how awful LePage’s defense was. The governor, struggling in his re-election bid this year, had plenty of time to come up with a credible rationale for blocking Medicaid expansion, but he didn’t come up with much.

“It is shortsighted to think federal funds will always be available, especially after watching the federal deficit climb and witnessing continual delays and changes from Washington,” he said in a statement.

I realize that Paul LePage sometimes struggles with policy details, but there are some rudimentary facts he should probably understand before telling 60,000 people they can’t have health insurance.

For example, if LePage is “watching the federal deficit climb,” he’s not watching closely enough. The federal deficit isn’t climbing; it’s shrinking. In fact, in recent years, we’ve seen the fastest deficit reduction than at any point since World War II. Does LePage not know that? Maybe he should have looked it up before issuing his statement?

What’s more, LePage is convinced federal funds may not “always be available” to finance Medicaid expansion. In other words, he’ll refuse the funds now because maybe, someday, far off in the future, Washington won’t offer the funds they’re promising to provide.

Sorry, 60,000 struggling Mainers. You can’t have access to affordable medical care because your governor is paranoid about a fiscal situation that may or may not materialize at some point.

These are the best arguments the governor’s office could come up with after having months to prepare?

 

By: Steve Benen, The Maddow Blog, April 10, 2014

April 11, 2014 Posted by | Affordable Care Act, Maine, Paul LePage | , , , , , | Leave a comment

“Health Care Nightmares”: There’s An Extraordinary Ugliness Of Spirit Abroad In Today’s GOP America

When it comes to health reform, Republicans suffer from delusions of disaster. They know, just know, that the Affordable Care Act is doomed to utter failure, so failure is what they see, never mind the facts on the ground.

Thus, on Tuesday, Mitch McConnell, the Senate minority leader, dismissed the push for pay equity as an attempt to “change the subject from the nightmare of Obamacare”; on the same day, the nonpartisan RAND Corporation released a study estimating “a net gain of 9.3 million in the number of American adults with health insurance coverage from September 2013 to mid-March 2014.” Some nightmare. And the overall gain, including children and those who signed up during the late-March enrollment surge, must be considerably larger.

But while Obamacare is looking like anything but a nightmare, there are indeed some nightmarish things happening on the health care front. For it turns out that there’s a startling ugliness of spirit abroad in modern America — and health reform has brought that ugliness out into the open.

Let’s start with the good news about reform, which keeps coming in. First, there was the amazing come-from-behind surge in enrollments. Then there were a series of surveys — from Gallup, the Urban Institute, and RAND — all suggesting large gains in coverage. Taken individually, any one of these indicators might be dismissed as an outlier, but taken together they paint an unmistakable picture of major progress.

But wait: What about all the people who lost their policies thanks to Obamacare? The answer is that this looks more than ever like a relatively small issue hyped by right-wing propaganda. RAND finds that fewer than a million people who previously had individual insurance became uninsured — and many of those transitions, one guesses, had nothing to do with Obamacare. It’s worth noting that, so far, not one of the supposed horror stories touted in Koch-backed anti-reform advertisements has stood up to scrutiny, suggesting that real horror stories are rare.

It will be months before we have a full picture, but it’s clear that the number of uninsured Americans has already dropped significantly — not least in Mr. McConnell’s home state. It appears that around 40 percent of Kentucky’s uninsured population has already gained coverage, and we can expect a lot more people to sign up next year.

Republicans clearly have no idea how to respond to these developments. They can’t offer any real alternative to Obamacare, because you can’t achieve the good stuff in the Affordable Care Act, like coverage for people with pre-existing medical conditions, without also including the stuff they hate, the requirement that everyone buy insurance and the subsidies that make that requirement possible. Their political strategy has been to talk vaguely about replacing reform while waiting for its inevitable collapse. And what if reform doesn’t collapse? They have no idea what to do.

At the state level, however, Republican governors and legislators are still in a position to block the act’s expansion of Medicaid, denying health care to millions of vulnerable Americans. And they have seized that opportunity with gusto: Most Republican-controlled states, totaling half the nation, have rejected Medicaid expansion. And it shows. The number of uninsured Americans is dropping much faster in states accepting Medicaid expansion than in states rejecting it.

What’s amazing about this wave of rejection is that it appears to be motivated by pure spite. The federal government is prepared to pay for Medicaid expansion, so it would cost the states nothing, and would, in fact, provide an inflow of dollars. The health economist Jonathan Gruber, one of the principal architects of health reform — and normally a very mild-mannered guy — recently summed it up: The Medicaid-rejection states “are willing to sacrifice billions of dollars of injections into their economy in order to punish poor people. It really is just almost awesome in its evilness.” Indeed.

And while supposed Obamacare horror stories keep on turning out to be false, it’s already quite easy to find examples of people who died because their states refused to expand Medicaid. According to one recent study, the death toll from Medicaid rejection is likely to run between 7,000 and 17,000 Americans each year.

But nobody expects to see a lot of prominent Republicans declaring that rejecting Medicaid expansion is wrong, that caring for Americans in need is more important than scoring political points against the Obama administration. As I said, there’s an extraordinary ugliness of spirit abroad in today’s America, which health reform has brought out into the open.

And that revelation, not reform itself — which is going pretty well — is the real Obamacare nightmare.

By: Paul Krugman, Op-Ed Columnist, The New York Times, April, 11, 2014

April 11, 2014 Posted by | Affordable Care Act, GOP, Medicaid Expansion | , , , , , , | Leave a comment