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Drug Testing Welfare Recipients Could Line Florida Gov Rick Scott’s Pockets

When Florida Gov. Rick Scott (R) signed the law requiring welfare recipients to pass annual drug tests to collect benefits, he justified the likely unconstitutional law by saying it would save the state money by keeping drug users from using public money to subsidize their drug habits. Drug use, Scott claimed, was higher among welfare recipients than among the rest of the population.

Preliminary results from the state’s first round of testing, however, has seemingly proven both of those claims false. Only 2 percent of welfare recipients failed drug tests, meaning the state must reimburse the cost of the $30 drug tests to the 96 percent of recipients who passed drug tests (two percent did not take the tests). After reimbursements, the state’s savings will be almost negligible, the Tampa Tribune reports:

Cost of the tests averages about $30. Assuming that 1,000 to 1,500 applicants take the test every month, the state will owe about $28,800-$43,200 monthly in reimbursements to those who test drug-free.

That compares with roughly $32,200-$48,200 the state may save on one month’s worth of rejected applicants.

Net savings to the state: $3,400 to $5,000 annually on one month’s worth of rejected applicants. Over 12 months, the money saved on all rejected applicants would add up to $40,800 to $60,000 for a program that state analysts have predicted will cost $178 million this fiscal year.

While the state will save little, if any, money on the drug testing racket, Scott’s family could stand to gain financially. A former health care executive, Scott founded Solantic Corp., a chain of walk-in health care clinics that provides, among other services, drug tests. Scott maintains that he has no involvement in the company, but he does have $62 million worth of the company’s shares contained in a blind trust under his wife’s name. Though there is no conflict under Florida law unless the company deals with the governor’s office directly, the company, and thus Scott’s investment, could benefit from the increased traffic from drug tests.

Meanwhile, the state’s already-small annual savings could be wiped out entirely by the cost of implementing the program and issuing the reimbursements. And as Derek Newton, the spokesman for the Florida chapter of the American Civil Liberties Union, told the Tribune, the cost of the program could skyrocket if the state has to defend it in court. The ACLU is still considering a lawsuit challenging the law’s constitutionality, Newton said.

If the ACLU or anyone else were to challenge the law, the lawsuit would likely succeed. As UCLA law professor Adam Winkler wrote after Scott signed the law, “Random drug-testing is what is known as a ‘suspicion-less search,’” and outside of a few limited instances, courts have “generally frowned upon” drug testing that occurs at random and without probable cause. “Indeed, courts have stuck down policies just like the ones put in place by Florida,” Winkler wrote, citing two cases to back up the claim.

As for Scott’s second claim, that drug use is higher among welfare recipients, the test results also show that to be false. While only 2 percent of welfare recipients failed drug tests, a 2008 study by the Office of National Drug Control Policy found that approximately 8 percent of Floridians age 12 and up had used illegal drugs in the last month, and 9.69 percent had smoked marijuana in the last year.

By: Travis Waldron, Think Progress, August 24, 2011

August 25, 2011 Posted by | Businesses, Class Warfare, Conservatives, Constitution, GOP, Gov Rick Scott, Governors, Ideologues, Ideology, Lawmakers, Medicare Fraud, Politics, Public, Republicans, Right Wing, State Legislatures, States, Teaparty, Wealthy | , , , , , , , , , , , , , | Leave a comment

Make Believe Worlds And Autoimmune Disorders: Our Politics Are Sick

We have a tendency to elect presidents who seem like the antitheses of their immediate predecessors — randy young Kennedy the un-Eisenhower, earnest truth-telling Carter the un-Nixon, charismatic Reagan the un-Carter, randy young Clinton the un-H.W. Bush, cool and cerebral Obama the un-W.

So Rick Perry fits right into that winning contrapuntal pattern. He’s the very opposite of careful and sober and understated, in his first days as an official candidate suggesting President Obama maybe doesn’t love America (“Go ask him”) and that loose monetary policy is “treasonous.” (“Look, I’m just passionate about the issue,” he explained later about his anti-Federal Reserve outburst, before switching midsentence to first-person plural, “and we stand by what we said.”)

Yet the most troubling thing about Perry (and Michele Bachmann and so many more), what’s new and strange and epidemic in mainstream politics, is the degree to which people inhabit their own Manichaean make-believe worlds. They totally believe their vivid fictions.

Everyone is entitled to his or her own opinion. Perry is even entitled to his opinion that states such as Texas might want to secede, as he threatened at a Tea Party rally two years ago. But he’s not entitled to his own facts. “When we came into the nation in 1845,” he’d earlier told some bloggers visiting his office, “we were a republic. We were a stand-alone nation. And one of the deals was, we can leave anytime we want. So we’re kind of thinking about that again.” That special opt-out provision is entirely fiction, a Texas myth the governor of Texas apparently thinks is real.

Perry also believes in the fiction of intelligent design. Campaigning in New Hampshire, he said that in Texas public schools, “we teach both creationism and evolution” — an assertion that’s a fiction itself; last month the Texas Board of Education unanimously rejected creationist biology textbooks. In Iowa, Perry served up a fresh viral-Internet fiction as his what-the-hell example of federal over-regulation — a new rule forcing farmers to get special drivers’ licenses to drive tractors. In fact, the Obama administration had just taken the very opposite position, ruling that states should maintain “common sense exemptions” for tractor-driving farmers.

Sincere, passionate, hysterical belief that the country is full of (make-believe) anti-American enemies and (fictional) foreign horrors is the besetting national disease. And I’ve diagnosed the systemic problem: the American body politic suffers from autoimmune disorders.

It’s a metaphor, but it’s not a joke. I’ve read a lot about autoimmune diseases — the literal, medical kinds, also disconcertingly on the rise — because several members of my family have them. At some point, our bodies’ own immune systems went nuts, mistaking healthy pieces of our anatomies — a pancreas, a thyroid, a joint — for foreign tissue, dangerous enemies within, and proceeded to attack and try to destroy them. It’s as close to tragedy as biology gets.

Which is pretty much exactly what’s been happening the last decade in our politics. The Truthers decided the U.S. government was behind 9/11. Others decided our black president is definitely foreign-born and Muslim. Tea Party Republicans are convinced his administration is crypto-socialist and/or proto-fascist. The anti-Shariah people are terrified of the nonexistent threat of Islamic law infecting American jurisprudence. It’s now considered reasonable to regard organs and limbs of the federal government — the E.P.A., the education department, the Federal Reserve — as tumors that must be removed. Taxation itself is now considered a parasitic pathogen rather than a crucial part of our social organism.

Many autoimmune diseases of the literal kind, such as Type 1 diabetes and multiple sclerosis, are apparently triggered by stress. For the sociopolitical autoimmune epidemic, there are plenty of plausibly precipitating mega-stresses: the 9/11 attacks and the resulting wars, a decade of stagnant incomes, chronic job insecurity, hyper-connected digitalism, real estate wipeout, teetering financial system, take your pick.

Exposure to chemicals or infections also play a role in triggering autoimmune disorders. My pathogenic scheme’s got that, too: the new streams of iffy infopinion, via talk radio and cable news and the Web, seeping into our political bloodstream 24/7.

Of course, metaphors are just … metaphors. Maybe in 2031 we’ll look back and smile and shake our heads and see the pathology of this haywire age as more psychological than physiological, a temporary national nervous breakdown, like the late 1960s. But what if our current, self-destructive political dysfunction really is exactly like an autoimmune disorder? They are generally permanent, chronic conditions. Only some are debilitating, and most are treatable, but they are all incurable.

 

By: Kurt Anderson, Op-Ed Columnist, The New York Times, August 19, 2011

August 20, 2011 Posted by | 911, Birthers, Conservatives, Constitution, Democracy, Democrats, Education, Elections, Environment, GOP, Government, Ideologues, Ideology, Journalists, Lawmakers, Media, Politics, President Obama, Press, Regulations, Republicans, Right Wing, States, Taxes, Teaparty, Voters | , , , , , , , , , , , , | Leave a comment

The Deeply Crazy In Virginia’s Obamacare Lawsuit

As  my Philadelphia Phillies idled through a two-hour rain delay Thursday night, I  curled up with some light reading: a Texas  Review of Law & Politics article by the legal team, led by Virginia  Attorney General Ken Cuccinelli, that’s challenging the new healthcare individual mandate in the U.S. Court of Appeals for the Fourth Circuit.

It’s  fascinating stuff.

Cuccinelli  and co. follow a long trail from the 18th century British jurist  William Blackstone to the Dred Scott  case to the New Deal to the present  day. The conservative team, at  first, makes a tight, prudential case against  the Obamacare mandate  that I, in my nonprofessional capacity, happen to favor.

In  their words:

No  existing case needs to be overruled and no existing  doctrine needs to be  curtailed or expanded for Virginia to prevail on  the merits. Nor does Virginia  remotely suggest that the United States  lacks the power to erect a system of  national healthcare. Virginia  expressly pled that Congress has the authority to  act under the taxing  and spending powers as it did with respect to Social Security and  Medicare, but that Congress in this instance lacked the political   capital and will to do so. No challenge has been mounted by Virginia to  the  vast sweep and scope of the Patient Protection and Affordable Care Act (PPACA).  Instead, only the mandate and penalty were challenged  because the claimed power  is tantamount to a national police power  inasmuch as it lacks principled  limits.

In  plainer, get-to-the-point English: We grant you the social safety  net  established under the “Roosevelt Settlement.” We recognize  Congress’s power to  regulate interstate commerce. We even grant that  this power could conceivably  deliver universal healthcare. But for  Pete’s sake, don’t try to include  “inactivity”—that is, not buying a  health insurance plan on the private  market—under its purview.

Because,  once you regulate the act of doing nothing, what’s left to regulate?

Er,  nothing.

Thus,  does the state’s power to tax and police become theoretically unlimited?

But,  later in the body of the piece, Team Cuccinelli begins to play  other, more  presently familiar cards. Glenn Beck fans will recognize  the faces in the rogue’s  gallery: Justice Oliver Wendell Holmes,  progressive philosopher John Dewey, and  others who, this argument goes,  created the post-New Deal legal and  philosophical edifice.

Wouldn’t  you know it, this welfare-state stuff constitutes a violation of natural law—which, ipso facto,  means economic laissez-faire—and a lurch into moral chaos.  Echoing the  newly popular Hayek, Cuccinelli’s article asserts the primacy of   economic rights while characterizing as relativistic the   not-exclusively-liberal jurisprudential argument that personhood and  dignity  precede the marketplace. (Last I checked, I’ve never seen an  unborn baby sign a  contract.)

Come  conclusion time, the piece sounds eerily like it’s not merely  advocating the  curtailment of an otherwise defensible attempt to  advance the national  interest, but rather like a full-throated  libertarian manifesto:

The  Progressive Meliorists had argued that they should  be accorded constitutional  space in which to make a social experiment,  agreeing in turn to be judged by  the results. The New Dealers carried  the experiment forward. Seventy years  later, results are in suggesting  that the experiment is living beyond its  means. The statist heirs to  the experiment say that it cannot and must not be  curtailed, so now  they claim this new power.

Social  Security and Medicare—an experiment! Just a temporary, 70-year blip on the  radar!

So,  in 46 pages, we proceed from modest and reasonable to deeply crazy.

It  behooves us to ask, what’s Cuccinelli’s endgame?

I  think we’ve seen this movie before.

 

By: Scott Galupo, U. S. News and World Report, August 18, 2011

August 19, 2011 Posted by | Affordable Care Act, Congress, Conservatives, Constitution, Consumers, Democrats, GOP, Government, Health Care, Health Reform, Human Rights, Ideologues, Ideology, Individual Mandate, Medicare, Politics, President Obama, Public, Regulations, Republicans, Right Wing, Social Security, States, Taxes, Teaparty | , , , , , , , , , , , , , | Leave a comment

Republican House Bills: A Glimpse Into The Tea Party’s Vision For America

If the House ran America, what would America look like?

It would no longer have a far-reaching health-care law. The House voted to repeal that legislation in January.

It would no longer have federal limits on greenhouse gases. The House voted to ax them in April.

And it would not have three government programs for homeowners who are in trouble on their mortgages. The House voted to end them all.

These and many other changes are included in an ambitious slate of more than 80 bills that have passed since Republicans took control of the chamber this year.

Most of these measures will die in the Democrat-controlled Senate. Still, they are a revealing kind of vision statement — the first evidence of how a tea-party-influenced GOP would like to reshape the country.

That vision is aimed at dismantling some Democratic priorities. The GOP’s philosophy holds that paring back an expensive and heavy-handed government bureaucracy would help restore the country’s financial footing and give private businesses the freedom to grow and create jobs.

After seven months, it is still only half a vision.

On major issues such as health care, climate change and bad mortgages, the House has affirmed that fixes are needed — if it can ever manage to repeal the old ones.

It hasn’t said exactly what those changes should be.

“The Republican Party is sort of united in terms of what they’re against. But there’s not a great deal of consensus right now in terms of what they’re for,” said Michael D. Tanner, a senior fellow at the libertarian Cato Institute and an expert on health-care reform and recent GOP history.

This month, a divided Congress finally staggered into its summer recess. Its business has been split between the terrifyingly urgent — including standoffs that threatened a government shutdown and a national debt default — and the purely theoretical.

The theoretical part has come because neither the House nor the Senate is likely to approve big ideas dreamed up by the other. The Democrat-held Senate has reacted to this by withdrawing into legislative hibernation.

House Republicans have instead been passing bills that tell a story — about the country they want but can’t quite get.

“The new House Republican majority was voted into office to change the way Washington does business and make the government accountable to the American people once again. Our agenda has reflected these goals,” said Laena Fallon, a spokeswoman for House Majority Leader Eric Cantor (Va.).

But even within the Republican ranks, there is a desire for more details about the party’s vision for replacing Democratic policies.

Rep. Trey Gowdy (S.C.) said the GOP must put forward its own solutions on issues such as health care, job creation and mortgage assistance. He said he is not convinced that there is a need to take on climate change in the same way.

“Being the party of ‘no’ . . . is an appropriate response” in some cases, Gowdy said. “It’s not appropriate when you’ve been extensively critical of someone else’s ideas” and have none to replace them, he said.

“For substance reasons, and for credibility reasons, we also need to have a comprehensive . . . alternative that goes beyond saying, ‘Your plan is bad,’ ” Gowdy said.

The best-known part of the House’s vision has to do with spending. The chamber passed a budget that calls for a Medicare overhaul that would force new recipients to buy private insurance after 2022. It also passed, with five Democratic backers, a bill that demanded a balanced budget amendment: essentially, a spending limit written into the Constitution.

But the House’s measures have gone far beyond the budget.

It has passed legislation to forbid new energy-efficiency standards for light bulbs and to punish shining a laser pointer at an airplane in flight. It voted to take away federal funding for National Public Radio and for public financing of presidential campaigns.

The House also took a stand against President Obama on the military campaign in Libya, rejecting a motion to approve U.S. involvement. And it voted to rein in Environmental Protection Agency efforts against “mountaintop-removal coal mines” by requiring the EPA to defer to decisions by state regulators.

On three major issues, the House seemed to acknowledge that simply repealing a Democratic idea might not be enough — and that it did not have its own solutions.

On Jan. 19, for instance, 242 Republicans and three Democrats voted to repeal the landmark health-care law.

In place of the legislation, Republicans had said they would craft their own solutions for problems involving high costs and the denial of coverage for preexisting conditions. Their slogan, outlined in last fall’s Pledge to America, was “Repeal and Replace.”

No replacement has occurred.

A bill that would limit liability in malpractice lawsuits has passed in committee. Other ideas are being developed, aides said.

On climate change, the EPA is requiring larger power plants and industrial facilities to reduce greenhouse gas emissions to obtain new permits.

But many in Congress worried that the effort would drive up energy prices and kill jobs. So in April, 236 House Republicans and 19 Democrats voted to make the EPA stop in its tracks.

In place of regulations, they approved only a vaguely worded “sense of the Congress” about climate change.

“There is established scientific concern over warming of the climate system,” the bill says. It adds that Congress should attack the problem “by developing policies that do not adversely affect the American economy, energy supplies, and employment.”

But how? When? The measure doesn’t say.

And it doesn’t need to, said Tim Phillips, president of the conservative group Americans for Prosperity. He said his group thinks that simply repealing this legislation — and the health-care law — is enough for now.

“The big-government assault [has been] so damaging to the economy and the government. They’re doing the right thing by just trying to stop and reverse,” Phillips said.

Environmental groups have said that the House’s bill would leave the nation powerless to fight an escalating global problem.

“They clearly aren’t going to pass any legislation themselves that would address that pollution,” said Dan Lashof of the Natural Resources Defense Council.

The House also has voted to eliminate three federal programs meant to aid homeowners in danger of foreclosure. Two help modify loans to create lower payments. The third gives no-interest loans to borrowers who are in trouble. All have been criticized for moving too slowly and helping too few.

In March, the House decided to do away with them. The Congressional Budget Office said that doing so could save taxpayers $2.4 billion.

“None of the programs . . . have been successful,” Michael Steel, a spokesman for House Speaker John A. Boehner (R-Ohio), wrote in a statement.

By: David Fahrenthold, The Washington Post, August 17, 2011

August 18, 2011 Posted by | Affordable Care Act, Budget, Climate Change, Congress, Conservatives, Constitution, Debt Ceiling, Deficits, Democrats, Economic Recovery, Economy, Elections, Energy, Environment, Foreclosures, Global Warming, GOP, Government, Greenhouse Gases, Health Reform, Ideologues, Ideology, Jobs, Lawmakers, Medicare, Politics, Regulations, Republicans, Right Wing, Taxes, Teaparty, Unemployed, Voters | , , , , , , , , , , , , , | Leave a comment

Divineless Intervention: Gov Rick Perry’s Unanswered Prayers

A few months ago, with Texas aflame from more than 8,000 wildfires brought on by extreme drought, a man who hopes to be the next president took pen in hand and went to work:

“Now, therefore, I, Rick Perry, Governor of Texas, under the authority vested in me by the Constitution and Statutes of the State of Texas, do hereby proclaim the three-day period from Friday, April 22, 2011, to Sunday, April 24, 2011, as Days of Prayer for Rain in the State of Texas.”

Then the governor prayed, publicly and often. Alas, a rainless spring was followed by a rainless summer. July was the hottest month in recorded Texas history. Day after pitiless day, from Amarillo to Laredo, from Toadsuck to Twitty, folks were greeted by a hot, white bowl overhead, triple-digit temperatures, and a slow death on the land.

In the four months since Perry’s request for divine intervention, his state has taken a dramatic turn for the worse. Nearly all of Texas is now in “extreme or exceptional” drought, as classified by federal meteorologists, the worst in Texas history.

Lakes have disappeared. Creeks are phantoms, the caked bottoms littered with rotting, dead fish. Farmers cannot coax a kernel of grain from ground that looks like the skin of an aging elephant.

Is this Rick Perry’s fault, a slap to a man who doesn’t believe that humans can alter the earth’s climate — God messin’ with Texas? No, of course not. God is too busy with the upcoming Cowboys football season and solving the problems that Tony Romo has reading a blitz.

But Perry’s tendency to use prayer as public policy demonstrates, in the midst of a truly painful, wide-ranging and potentially catastrophic crisis in the nation’s second most-populous state, how he would govern if he became president.

“I think it’s time for us to just hand it over to God, and say, ‘God: You’re going to have to fix this,’” he said in a speech in May, explaining how some of the nation’s most serious problems could be solved.

That was a warm-up of sorts for his prayer-fest, 30,000 evangelicals in Houston’s Reliant Stadium on Saturday. From this gathering came a very specific prayer for economic recovery. On the following Monday, the first day God could do anything about it, Wall Street suffered its worst one-day collapse since the 2008 crisis. The Dow sunk by 635 points.

Prayer can be meditative, healing, and humbling. It can also be magical thinking. Given how Perry has said he would govern by outsourcing to the supernatural, it’s worth asking if God is ignoring him.

Though Perry will not officially announce his candidacy until Saturday, he loomed large over the Republican debate Thursday night. With their denial of climate change, basic budget math, and the indisputable fact that most of the nation’s gains have gone overwhelmingly to a wealthy few in the last decade, the candidates form a Crazy Eight caucus. You could power a hay ride on their nutty ideas.

After the worst week of his presidency (and the weakest Oval Office speech since Gerald Ford unveiled buttons to whip inflation), the best thing Barack Obama has going for him is this Republican field. He still beats all of them in most polling match-ups.

Perry is supposed to be the savior. When he joins the campaign in the next few days, expect him to show off his boots; they are emblazoned with the slogan dating to the 1835 Texas Revolution: “Come and Take It.” He once explained the logo this way: “Come and take it — that’s what it’s all about.” This is not a man one would expect to show humility in prayer.

Perry revels in a muscular brand of ignorance (Rush Limbaugh is a personal hero), one that extends to the ever-fascinating history of the Lone Star State. Twice in the last two years he’s broached the subject of Texas seceding from the union.

“When we came into the nation in 1845 we were a republic, we were a stand-alone nation,” says Perry in a 2009 video that has just surfaced. “And one of the deals was, we can leave any time we want. So we’re kind of thinking about that again.”

He can dream all he wants about the good old days when Texas left the nation to fight for the slave-holding states of the breakaway confederacy. But the law will not get him there. There is no such language in the Texas or United States’ constitutions allowing Texas to unilaterally “leave any time we want.”

But Texas is special. By many measures, it is the nation’s most polluted state. Dirty air and water do not seem to bother Perry. He is, however, extremely perturbed by the Environmental Protection Agency’s enforcement of laws designed to clean the world around him. In a recent interview, he wished for the president to pray away the E.P.A.

To Jews, Muslims, non-believers and even many Christians, the Biblical bully that is Rick Perry must sound downright menacing, particularly when he gets into religious absolutism. “As a nation, we must call upon Jesus to guide us through unprecedented struggles,” he said last week.

As a lone citizen, he’s free to advocate Jesus-driven public policy imperatives. But coming from someone who wants to govern this great mess of a country with all its beliefs, Perry’s language is an insult to the founding principles of the republic. Substitute Allah or a Hindu God for Jesus and see how that polls.

Perry is from Paint Creek, an unincorporated hamlet in the infinity of the northwest Texas plains. I’ve been there. In wet years, it’s pretty, the birds clacking on Lake Stamford, the cotton high. This year, it’s another sad moonscape in the Lone Star State.

Over the last 15 years, taxpayers have shelled out $232 million in farm subsidies to Haskell County, which includes Paint Creek — a handout to more than 2,500 recipients, better than one out every three residents. God may not always be reliable, but in Perry’s home county, the federal government certainly is.

 

By: Timothy Egan, The New York Times Opinion Pages, August 11, 2011

August 13, 2011 Posted by | Climate Change, Conservatives, Constitution, Economic Recovery, Economy, Elections, GOP, Government, Governors, Ideologues, Ideology, Politics, Republicans, Right Wing, States, Teaparty, Wall Street, Wealthy | , , , , , , , , , , , , , , | Leave a comment