Grassley lectures Sotomayor on judge's role

UPDATE: Sotomayor discussed her judicial philosophy in her opening statement to the committee. Talking Points Memo posted excerpts from all the senators’ opening statements.

The Senate Judiciary Committee began Judge Sonia Sotomayor’s confirmation hearings today, and Radio Iowa has Senator Chuck Grassley’s opening statement. He gave quite the lecture about “judicial restraint” as opposed to “President Obama’s ’empathy’ standard.”

An excerpt is after the jump, along with some analysis of Grassley’s selective concern about empathy and so-called activist judges.

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The Insurer's Drop List keeps growing ...

(Thanks to jamess for this important diary. For a first-person account of another way some insurance companies respond to serious illnesses, read How I lost my health insurance at the hairstylist's. - promoted by desmoinesdem)

As you may have learned last week from LA Times reporting, and from Congressional Hearings, that Insurance companies routinely try to drop your Insurance policy, if you happen to get one of their “Hot List” illnesses.

Getting any of these illnesses, can Trigger the Insurance Company’s “Cancellation Police”, into action.

Denial Specialists scour your medical history, and cross-check that against your application, looking for any reason to Cancel, or rescind, your Insurance policy, thus saving the Insurance Company untold thousands in future payments for your expected Care. Denial Specialists, of course, earn bonuses for each Policy they cancel. What a system!

Those 4 illnesses (out of the 1000+ such Triggers) previously disclosed are:

breast cancer, high blood pressure, lymphoma and pregnancy

Well thanks to the tough questioning of the Oversight and Investigations Sub Committee, at least 2 more Triggering Illnesses have been disclosed, as indicated in the video and transcript of the Hearing:

The 2 other newly disclosed “Drop List” illnesses include:

ovarian cancer, and brain cancer

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A lot of Republicans owe Pelosi an apology

In May a chorus of Republicans inside and outside Congress made hay out of House Speaker Nancy Pelosi’s claim that the Central Intelligence Agency had not revealed its waterboarding policy during a 2002 briefing. Many demanded an investigation into the allegations. Minority leader John Boehner said of Pelosi,

“She made this claim and it’s her responsibility to either put forward evidence that they did in fact lie to her, which would be a crime, or she needs to retract her statements and apologize.”

Former House Speaker Newt Gingrich was among the Republican talking heads who demanded Pelosi’s resignation. According to Gingrich’s, Pelosi’s assertion was “stunning” and “dishonest.”

Representative Steve “10 Worst” King (IA-05) accused Pelosi of “actively undermining our national security” and called for suspending the speaker’s security clearance:

Speaker Pelosi has accused the CIA of committing a federal crime – lying to Congress. The CIA and other American defense and intelligence agencies cannot trust Nancy Pelosi with our national secrets, let alone our national security, until this matter is resolved. If true, there has been a serious violation of federal law. If false, American national security requires a new Speaker of the House. The severity of Speaker Pelosi’s accusations leaves no middle ground, and her security clearance should be suspended pending investigation.

Now we have learned that

The Central Intelligence Agency withheld information about a secret counterterrorism program from Congress for eight years on direct orders from former Vice President Dick Cheney, the agency’s director, Leon E. Panetta, has told the Senate and House intelligence committees, two people with direct knowledge of the matter said Saturday. […]

Mr. Panetta, who ended the program when he first learned of its existence from subordinates on June 23, briefed the two intelligence committees about it in separate closed sessions the next day.

So not only was Congress misled, CIA staff did not even inform Panetta about the program until four months after he was sworn in. Charles Lemos is absolutely right that it’s time for a special prosecutor to investigate this matter.

Republicans who trashed Pelosi in May and June owe her an apology, but like Rude Pundit, I’m not holding my breath. They’ve always been easygoing about Bush administration law-breaking while throwing fits about Democrats who criticized it.

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In Retrospect: Who is Really Un-American??

(Charles Lemos is also worth reading on this subject: It's Time for a Special Prosecutor. - promoted by desmoinesdem)

Crossposted from Hillbilly Report.

You know, one thing I get so sick of hearing from all the right-wing loons is how Progressives like myself and many of you are un-American. We have our patriotism questioned on a daily basis. Right-Wing idiots on the radio rail about how we do not believe in the Constitution and the values this country was founded on. Well, details that have emerged in the last couple of days show that the Bush Administration and their shameless enablers in the Republican Party and the former Republican Congress are the ones who really do not believe in the Constitution, or the freedoms granted by it.

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Did wholesalers' conspiracy keep food prices artificially high?

The Des Moines Register published a fascinating story on Saturday about a Mount Vernon grocer’s lawsuit against the industry’s top two wholesalers, SuperValu Inc. and C&S Wholesale Grocers. Gary’s Foods filed suit eight months ago and was joined by a Maine grocer in January. What’s at issue:

The class-action lawsuit seeks monetary damages equal to triple what grocers in the Midwest and New England allegedly have overpaid for food due to the lack of competition since September 2003. […]

Court papers describe C&S and SuperValu as the nation’s top two grocery wholesalers by dollar volume, with combined 2008 revenues in excess of $28 billion. Documents say the companies strongly competed against each other in New England for much of the late 1990s, but things changed dramatically after C&S purchased the assets of a bankrupt Midwestern wholesaler in 2003.

“Faced with the prospect of competing against C&S in the Midwest, SuperValu had one of two options: Either vigorously compete, which would have substantially reduced prices to retailers, or conspire with C&S to eliminate competition between the wholesalers,” court papers say.

C&S ultimately sold its new Midwestern assets to SuperValu in September 2003 as part of a deal that also had C&S purchase all of SuperValu’s distribution facilities in New England. But court papers allege that there was a separate, “secret noncompete agreement” signed at the same time – a deal that was not publicly disclosed and unknown to the plaintiffs until “a former SuperValu executive” disclosed its existence to them in late 2008.

The wholesalers are trying to have the lawsuit dismissed on procedural grounds. According to the Des Moines Register, a hearing is expected next month in a Minnesota court.

If these allegations are true, millions of consumers probably have been paying too much for food for nearly six years.

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Government Accountability Office praises Iowa's handling of stimulus money

I see a Chet Culver campaign ad in our future after reading this Radio Iowa story. The non-partisan U.S. Government Accountability Office examined how 16 states are using stimulus funds from the American Reinvestment and Recovery Act:

“We found that Iowa has a foundation of safeguards to help ensure the funds are being spent in the way that they were intended and to minimize the fraud, waste and abuse,” [GAO Iowa division head Lisa] Shames said. The G.A.O. report also praises Iowa for setting up an Accountability and Transparency Board.

“We found that there were many good features in place and that bodes well in terms of the Recovery Act dollars and to ensure that they’re going to create the jobs and retain the jobs that the law intended,” Shames said.

Click here for the summary of the G.A.O’s report on Iowa. From that page you can download the full report (a 40-page pdf file). Reports on other states are available here.

Did I mention that unlike many states, Iowa is fully utilizing stimulus funds intended to help unemployed people?

And that compared to many states, Iowa has wisely invested its stimulus funds for transportation?

We’ll be hearing more about this next year in response to Republicans attacks against Governor Culver. No doubt ragbrai08 is right, and some version of this Tom Vilsack re-election message from 2002 will return to Iowa airwaves in 2010:

My opponent suggests in negative ad after ad that a bunch of problems that have struck virtually every state in the nation are somehow unique to Iowa. That’s his whole campaign. The truth is that in Iowa, we’ve met that challenge better than most.

Though unemployment remains a significant problem in Iowa, our unemployment rate is well below the national average during this recession. Our state officials are doing a good job allocating federal funds intended to save and create jobs, and the I-JOBS program will save and create additional jobs.

Don’t expect Iowa Republicans to pay attention to the G.A.O.’s findings. They never got the point of the stimulus anyway.

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Chet Culver news roundup

Governor Chet Culver hired John Frew as chief of staff yesterday to replace Charlie Krogmeier, whom Culver appointed head of the Department of Human Services in May. Frew goes way back in Iowa politics, having worked for Senator John Culver (the governor’s father) and managed Tom Harkin’s first Senate campaign in 1984. Frew will begin as chief of staff in late September. Until then, Culver has named his general counsel Jim Larew as acting chief of staff. After the jump I’ve posted a news release from the governor’s office with more background on Frew and Larew.

Also on Thursday, the Culver/Judge re-election campaign announced that

A long-time and respected political strategist is returning to Iowa to help Governor Chet Culver’s campaign committee prepare for 2010. Teresa Vilmain will serve as a senior advisor to the Chet Culver Committee.

“Teresa Vilmain is not only synonymous with well-run, well-organized political campaigns around the nation, but she knows and loves Iowa,” said Governor Culver. “As we start to look ahead to 2010, Teresa will play a leading role in helping us prepare our effort to reach out to Iowans about the important issues we are working on in our state.”

I’ve posted the full text of that news release, containing more background on Vilmain, after the jump. Some highlights: she was deputy manager of Harkin’s 1984 campaign and general consultant to both of Tom Vilsack’s winning gubernatorial campaigns. Vilsack had to come from behind to beat Jim Ross Lightfoot in 1998 and faced re-election in 2002, which was a challenging national environment for Democrats.

First Lady Mari Culver was in Mason City on Thursday

to talk about state grant funding for shelters for domestic abuse, emergencies and the homeless and the need to apply for it soon.

Available through the $10 million Public Service Shelter Grant Program, a part of the Iowa Jobs Program (IJobs), the funding is for construction, expansion or upgrades. […]

Funding can be used for deferred maintenance issues, additional security measures and expansion, said Culver […]

I recommend reading the whole article in the Mason City Globe-Gazette for more on the pressing needs of Iowa’s crisis shelters. Click here to listen to the first lady’s comments about this program in an interview with KGLO radio. Applications for this portion of the I-JOBS money are due next Wednesday, July 15. Click the link for the Iowa Finance Authority’s contact information. Republicans can criticize the I-JOBS borrowing all they want, but this is another example of how I-JOBS will improve services that Iowans need.

Finally, I want to call your attention to a new poll that The Iowa Republican blog has been highlighting this week. I will have more to say about the poll in a future post, but for now, here are some important facts:

This statewide poll conducted by Voter/Consumer Research found that 53 percent of Iowans approve of the job Culver is doing as governor, while 41 percent disapprove. Furthermore, 48 percent of respondents had a favorable impression of Culver, while 41 percent had an unfavorable impression.

Of course, The Iowa Republican blog is putting a Republican spin on these results. Criag Robinson headlined one post “53 percent of Iowans want a new governor,” based on a question suggesting that 36 percent said Culver deserves re-election, while 53 percent said it’s time to give someone else the chance. He also touted the findings on some issue-based questions that had ridiculously biased wording.

The bottom line is this: in a Republican-commissioned poll, Culver has a 53 percent approval rating and a 48 percent favorability rating. Also, the statewide survey sample contains “35% Republicans, 37% Democrats, 25% Independent or declined to state, and 2% other/don’t know.” I’m looking into how that compares with the proportion of Democrats and Republicans who have cast ballots in recent Iowa general elections.

I’ll write more about this poll when The Iowa Republican releases more of the findings.

LATE UPDATE: Forgot to mention this story:

Gov. Chet Culver on Thursday directed state revenue officials to delay any enforcement against taxpayers who claimed disaster-related credits on their state tax returns that later were not validated by Iowa lawmakers.[…]

The federal changes approved for 2008 offered income-tax deductions, exemptions and other advantages for such items as disaster-related expenses, business equipment depreciation, education-related expenses, tuition and fees and certain sales tax charges. The state, however, did not retroactively adopt those deductions as part of the state tax code.

On Wednesday, Culver asked the state Department of Revenue to provide him “any and all options” to address the issue, and one day later he sent a letter to agency director Mark Schuling directing him to “hold off specific enforcement” for taxpayers who may have claimed federal disaster relief provisions on their state returns.

“I am aware that changes must be made by the Iowa Legislature in order for these same disaster relief provisions to be available for Iowa tax purposes,” Culver said in the letter. “This will require legislation in 2010 to couple with the federal law changes that will benefit those individuals and businesses directly impacted by the 2008 disasters.”

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Iowa taking full advantage of stimulus unemployment funds

When Congress was debating the stimulus bill earlier this year, Mark Zandi, the chief economist for Moody’s, compared various forms of government spending and tax cuts in terms of economic stimulus “bang for the buck.” He concluded (pdf file) that various forms of government spending did more to stimulate the economy than various kinds of tax cuts.

The best kinds of spending in terms of stimulative effect were food stamps and extending unemployment benefits. Every extra dollar the federal government spends on food stamps generates approximately $1.73 in economic activity, and every dollar the federal government spends to extend unemployment benefits generates approximately $1.63 in economic activity. People who need these services are likely to spend additional money quickly, helping preserve jobs in the retail sector.

With this in mind, you might imagine that the states would take full advantage of money allocated to unemployment benefits in the American Reinvestment and Recovery Act. But you would be wrong, according to this article by Olga Pierce from ProPublica:

So far, only about half of the $7 billion included in the stimulus package [for expanding unemployment insurance] has been claimed by states. […]

Four states have explicitly rejected the funding, but many others have so far failed to pass legislation qualifying them for incentive payments. […]

Under the stimulus bill [2], states can qualify for the extra funding by extending unemployment insurance to new categories of workers. To receive a third of the funding, they must begin using something called an alternative base period, which would allow more low-wage workers to receive unemployment benefits. […]

To get the other two-thirds of the cash, they must adopt at least two other changes from a list that includes covering part-time workers and offering $15 extra per week for each dependent.

If states meet the requirements, they qualify for a federal lump sum payment that will cover the cost of expansion for at least three years, or longer in many cases. It was on those grounds – that after the federal funding runs out states will have to find another way to cover the cost – that Louisiana Gov. Bobby Jindal [3], Mississippi Gov. Haley Barbour [4] and others [5] that said they would reject the funding.

Bleeding-heart liberal that I am, I believe basic fairness justifies extending unemployment benefits to more part-time and low-wage workers. But even if you don’t care about fairness, Zandi’s analysis shows that extending unemployment benefits will get money circulating in the economy.

Click here for a map and a chart showing how much federal unemployment money each state has claimed.  

As of mid-June, 17 states had claimed none of the stimulus funding for unemployment benefits, and another 12 states and the District of Columbia had claimed only part of that money. In some of those states, Democrats are in charge. Progressives who have ridiculed Republican governors for rejecting stimulus money for unemployment benefits should also hold Democrats accountable on this score.

Fortunately, Iowa is among 21 states that have fully used these stimulus funds as Congress intended. Thousands of Iowans struggling to get by will benefit from the $70.8 million the stimulus bill appropriated to our state for unemployment benefits. Democrats in the state legislature and Governor Chet Culver deserve credit for enacting the necessary legislative changes to collect this funding.

Many of the states that have left stimulus money on the table have significantly higher unemployment rates than Iowa, by the way.

Speaking of boosting the economy, Zandi’s report showed that infrastructure projects were the third-most stimulative form of government spending. Every extra dollar spent on infrastructure generates an estimated $1.59 in economic activity. Remember that next time Iowa Republicans bring out their misleading talking points about the the I-JOBS program. Also remember that Iowa has used the stimulus bill’s transportation funding wisely compared to many other states, according to a recent review by Smart Growth America.

In contrast, most kinds of tax cuts Republicans advocate generate less than one dollar of economic activity for every dollar they cost the government. As a gesture to Republicans, Democrats replaced some spending in the stimulus bill with $70 billion allocated to fixing the alternative minimum tax, even though Zandi’s analysis found that a dollar spent on fixing the alternative minimum tax generates only about 49 cents in economic activity.

It’s too bad the Obama administration made a number of concessions to Republicans on the stimulus bill. Like Bob Herbert wrote a few months ago, when the GOP talks about the economy, nobody should listen.

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Steve King "distinguishes" himself again

Congressman Steve King showed us again on Tuesday why Esquire magazine named him one of the 10 Worst members of Congress last year. It wasn’t his hyperbole regarding the American Clean Energy and Security Act (which in King’s view “will cost millions of Americans their jobs.”) Lots of Congressional Republicans are making equally ridiculous claims.

On Tuesday King distinguished himself as the only member of the U.S. House to vote against placing “a marker acknowledging the role that slave labor played in constructing the Capitol” in a “prominent location in the visitor center’s Emancipation Hall.” This was not a partisan resolution; 399 members of Congress voted yes, including certifiable wingnuts such as Minnesota’s Michele Bachmann.

King released a statement explaining his vote, and I’m posting it after the jump in case other Bleeding Heartland readers can make more sense out of it than I can. He claims the resolution acknowledging slave labor “was used as a bargaining chip” in negotiations over a Republican-sponsored resolution “Directing the Architect of the Capitol to engrave the Pledge of Allegiance to the Flag and the National Motto of ‘In God We Trust’ in the Capitol Visitor Center.” King objects:

Our Judeo-Christian heritage is an essential foundation stone of our great nation and should not be held hostage to yet another effort to place guilt on future Americans for the sins of some of their ancestors.

Reading King’s statement reminded me of Esquire’s observation:

King believes himself to be clever, and his list of idiot declarations is probably the longest in Washington.

Maybe someone else can find logic in King’s vote on Tuesday. As far as I’m concerned, and I have said this before, he’s like school in the summertime: no class.

UPDATE: Iowa Democratic Party chair Michael Kiernan released the following statement on Thursday:

   “Iowans have a rich history of embracing diversity and of leading the nation in support of civil rights for African Americans. Years before the Civil War, Iowa Courts determined there would be no place for slavery in our state. Nearly a century before ‘Separate But Equal’ was deemed unconstitutional by the United States Supreme Court, we in Iowa desegregated our schools, opening opportunities for children and families without regard to race. And in the years since, our elected officials and courts have protected these rights, which we hold so dear. This is a tradition we can be proud of.

   But Congressman Steve King has flown in the face of our history of inclusion, and of progress. This vote is an embarrassment to his constituents, and to Iowa. Congressman King has once again showed that he is out of touch with Iowa values, and he must be held accountable for this vote. Iowans deserve better.”

SECOND UPDATE: King spoke with Radio Iowa about his reasons for casting this vote.

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Give me a break

The parent company of the firm that allegedly exploited mentally disabled workers in Iowa claims not to be subject to our state’s labor laws, the Des Moines Register’s Clark Kauffman reported today.

In May, Iowa Workforce Development fined Henry’s Turkey Service $900,000 for 9,000 violations connected to men who worked at a plant in West Liberty. They received pitiful wages after fees were deducted for housing, food and other expenses.

But the parent company of Henry’s Turkey Service sees things differently:

An attorney for Hill Country Farms said in a written response that the company “is organized, operated and controlled according to the laws and regulations of the State of Texas” and is not subject to the Iowa laws it’s accused of violating.

The company maintains that all of the Iowa workers who lived for decades in a bunkhouse in Atalissa, near the West Liberty plant, were technically residents of Texas and that their real employer was West Liberty Foods, not Hill Country Farms.

State and corporate records support some elements of that argument but undercut other aspects of the company’s case.

For example, some of the Atalissa men were enrolled in Texas Medicaid – a program that in theory is open only to residents of Texas. But the W-2 tax forms in which the men’s wages were reported to the Internal Revenue Service indicate that Hill Country Farms, not West Liberty Foods, was the employer.

Kauffman writes that “it could be a year” before an administrative law judge rules on this case. I’m not an attorney, but I would hope Hill Country Farms is not able to get away with claiming men in Atalissa, Iowa, as Texas residents.

Staff at Iowa Workforce Development and the state legislature should look for ways to close any loopholes companies may be using to evade our labor standards.

Click here for the archive of Des Moines Register reports on Henry’s Turkey Service and the men it housed in Atalissa.

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Senator Franken making us proud already

The first bill Senator Al Franken co-sponsored after being sworn in yesterday was the Employee Free Choice Act. It’s a cause Paul Wellstone would have supported strongly. (Click here for background on the EFCA.)

The Hill reported yesterday,

As expected, Franken has been assigned to the Judiciary Committee, Indian Affairs Committee and Aging Committee. He will also sit on the Health, Education, Labor and Pensions Committee once the panel finishes marking up the healthcare reform legislation.

I don’t understand the logic of making Franken wait until after the health care bill markup before joining the HELP Committee, but at least he will be there when the Employee Free Choice Act is debated.

Getting to 60 votes on the EFCA will be a challenge, but Senator Tom Harkin has been working on a compromise since March. He told Bloomberg News in May that the “card check” provision may have to be dropped from the EFCA in order to get the bill through the Senate. “Card check” means that workers could form a union if a majority sign a document stating that they would like to join a union. Harkin suggested that a compromise bill might incorporate other changes to the election process and procedures for forming a labor union.

In that interview, Harkin did not mention whether binding arbitration would be a part of a workable compromise. Some people consider binding arbitration provisions to be as important a part of the EFCA as card check.

Whatever compromise Harkin crafts, I’m glad to know that Franken will be a voice for strong labor reform on the HELP Committee. I can’t wait to go hear Franken keynote Harkin’s steak fry on September 13.

UPDATE: Harkin’s communications director Kate Cyrul told Iowa Independent that Harkin is still working on this bill and expects the EFCA to pass this year.

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Christian Fong dusts off Obama's playbook

Given Barack Obama’s Iowa caucus breakthrough and convincing general-election victory here, it was only a matter of time before someone else built an Iowa campaign around his strategy. I didn’t count on a Republican being the first person to try, though.

Enter Christian Fong, who made the Republican race for governor a lot more interesting last week.

Some early impressions of Fong’s personal narrative, political rhetoric and electoral prospects are after the jump.  

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Some things still run smoothly in Washington

Such as the revolving door between Congress and corporate lobbyists:

The nation’s largest insurers, hospitals and medical groups have hired more than 350 former government staff members and retired members of Congress in hopes of influencing their old bosses and colleagues, according to an analysis of lobbying disclosures and other records. […]

Nearly half of the insiders previously worked for the key committees and lawmakers, including  Sens. Max Baucus (D-Mont.) and  Charles E. Grassley (R-Iowa), debating whether to adopt a public insurance option opposed by major industry groups. At least 10 others have been members of Congress, such as former House majority leaders Richard K. Armey (R-Tex.) and Richard A. Gephardt (D-Mo.), both of whom represent a New Jersey pharmaceutical firm.

The hirings are part of a record-breaking influence campaign by the health-care industry, which is spending more than $1.4 million a day on lobbying in the current fight, according to disclosure records. And even in a city where lobbying is a part of life, the scale of the effort has drawn attention. For example, the Pharmaceutical Research and Manufacturers of America (PhRMA) doubled its spending to nearly $7 million in the first quarter of 2009, followed by Pfizer, with more than $6 million.

So corporate groups are spending $1.4 million a day on lobbying to block a real public health insurance option, which most Americans want.

That’s on top of the millions of dollars the same corporate groups have donated directly to Congressional campaigns. Iowa’s Senator Chuck Grassley has taken hundreds of thousands of dollars from the industries with the most at stake in health care reform.

Members of Congress claim lobbyists and campaign money don’t shape their opinions, but Grassley should know better. He understands that big money from pharmaceutical companies can influence the conclusions of medical researchers–why not elected officials?

Nate Silver has found strong evidence that special-interest money affects Democratic senators’ support for the public option in health care reform.

By the way, I wasn’t too cheered by Senator Chuck Schumer’s promise over the weekend that the health care bill will contain a public option. The current draft in the Senate Committee on Health, Education, Labor and Pensions excludes lots of people from choosing the public option over their current health insurance. That will limit competition for the private insurers that have near-monopolies in many markets.

Back in 2003 all the Democratic presidential candidates talked a good game on health care. Now Dick “this is a moral issue” Gephardt is lobbying for a pharmaceutical company. I’ll stand with Howard Dean and hope that John Edwards was wrong about the system being rigged because corporations have too much power in Washington.

Final note: Moveon.org is organizing health care rallies this Thursday, July 9, at senators’ offices in their home states. Sign up here to attend a rally near you.

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Events coming up during the next two weeks

Political activity slows down a bit during the summer, but there are still plenty of things to do if you’re not spending hours a day training for RAGBRAI. Read all about it after the jump. As always, post a comment or send me an e-mail (desmoinesdem AT yahoo.com) if you know of something I’ve left out.

If you live in the first Congressional district, consider attending one of Bruce Braley’s town-hall meetings on health care reform in Dubuque,  Oelwein, Davenport and Waterloo (click “there’s more” for details). According to a statement from his office,

Braley will discuss the draft House health care reform bill, listen to constituents’ concerns, and take questions.  Braley is a member of the House Energy and Commerce Committee, the committee in charge of authoring healthcare reform legislation.

Braley’s town hall meetings on healthcare reform are free and open to the public.

Attendees are strongly encouraged to RSVP at: http://braley.house.gov/townhall.

Speaking of health care reform, Moveon.org is looking for people to help deliver petitions this Thursday, July 9, to the Iowa offices of Senators Tom Harkin and Chuck Grassley. Click here to sign up.

UPDATE: I added information about Governor Chet Culver’s upcoming appearances in eastern Iowa to highlight I-JOBS and Rebuild Iowa projects.

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Don't make gay spouses adopt their own children

The Iowa Attorney General’s Office has advised the Iowa Department of Public Health that a married lesbian who gives birth cannot list her spouse on the child’s birth certificate, according to Michael Gartner’s must-read scathing commentary in this week’s Cityview. Excerpt:

[Attorney General Tom] Miller’s lawyers based their advice on the fact that the decision made no direct reference to the Iowa Code section on birth certificates, which refers to “husband.” “The Supreme Court ruling “does not authorize an interpretation of chapter 144 (vital statistics, including birth certificates) in a manner that would allow for a same-sex spouse to be automatically listed as the parent on birth certificates,” they said. And, insultingly and gratuitously, they added: “Using the adoption process is the best way to protect the interests and rights of all parties involved.”

How shameful.

For more than 125 years, the Iowa Supreme Court has consistently ruled that a child born in wedlock is presumed to be the legitimate child of the woman and her spouse – even if the woman was pregnant by another man at the time of the wedding, even if the woman was impregnated by another man during her marriage. “The law presumes that a child born in wedlock is legitimate,” the court said in 1882. More than 100 years later, in 1995, the court ruled in a similar case that “the state’s interests involve preserving the integrity of the family [and] the best interests of the child….” Yes, “the best interests of the child.”

The Iowa Code couldn’t be clearer. Section 252 says: “A child or children born of parents who, at any time prior or subsequent to the birth of such child, have entered into a civil or religious marriage ceremony, shall be deemed the legitimate child or children of both parents, regardless of the validity of such marriage.” And the Supreme Court says gays can marry one another.

Go read Gartner’s whole piece, which highlights key passages from the Iowa Supreme Court ruling in Varnum v Brien. He also points out that adopting a child involves significant time and expense.

I’m surprised that the Attorney General’s Office would give the Iowa Department of Public Health bad advice on this matter. Tom Miller strongly praised the court’s “clear and well-reasoned opinion” the day Varnum v Brien was announced. Miller’s advice helped persuade Governor Chet Culver not to seek to overturn the ruling. Assistant Attorney General Heather Adams wrote a memo reminding all Iowa county recorders that they must comply with the decision and issue marriage licenses to same-sex couples.

The Iowa Department of Public Health should give married spouses equal protection under the law.

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July 4 links and American patriots

Happy Independence Day to the Bleeding Heartland community! I’m hoping for dry weather today after rain soaked parade-goers in West Des Moines last night.

How are you celebrating the holiday? Charles Lemos listens to the Broadway musical 1776 every year on the 4th of July. Sounds like a good tradition.

Over at Slate, Troy Patterson made the case against fireworks.

I enjoy big fireworks displays, but I don’t like amateurs messing around with firecrackers. Not only are those dangerous, they can be very upsetting to veterans with post-traumatic stress disorder:

These days I dread the 4th. It’s not for the jingoism I was too young to understand as a child, which irks me, but I try not to let other’s infantile politics change the spirit of the holiday for me.  The real reason is I’m not much for fireworks anymore.  I haven’t been since I came back from Iraq. […]

Not the big, professional kind.  While I don’t enjoy them nearly as much as I used to, I can observe them with no apprehension.  It’s the amateur fireworks I can’t stand.  The whistling, popping, exploding-at-random-intervals kind that rub my nerves raw.  All of my neighbors, it seems, are fireworks enthusiasts, and every 4th they come out of the woodwork.  The night’s events bother my dog less than me, while I spend the evening on pins and needles, jumping at every explosion, transported for a split-second back to that hellhole until I remind myself that I am home, that I am safe, that I survived.

If you know a veteran of this or any other war, take a moment tomorrow to make sure that they are all right, that the images of horror and death don’t weight too heavy on them.  That they are as close to normal as they’ll ever be.

I never thought about that until I read this post by Steve Gilliard on Independence Day three years ago:

Personally, I hate fireworks, the noise, the explosions. Always reminded me of Pathfinder Force over Germany. Don’t much like the 4th of July either.

But I just wanted to say that for a lot of people, this is a very tough day, especially with PTSD. While everyone else is celebrating, they’re either alone, or pretending nothing is wrong. And every firecracker reminds them exactly what is wrong, and why they aren’t the same.

It’s easy to talk about sacrifice on the 4th of July. But who talks about what people live with?

Final note: military service isn’t the only way to serve your country. In my book, Rob Marqusee is a true American patriot. I’m inspired by his personal commitment to improving health and economic vitality in his community. Marqusee recently completed his “local food challenge,” and I recommend reading his online journal about the experience.

Few people will take on the challenge of eating a completely local diet, but small steps by many to eat more local food and buy from locally-owned shops will make a difference.

Share your own thoughts about holiday celebrations and American heroes in this thread.

UPDATE: Fun parade in Windsor Heights despite overcast skies and unseasonably cool weather. Most people kept it civil, but some weird group of wingnuts filled their yard with signs about Obama being MARXIST and shouted “Obamanation!” at the Polk County Democrats as we passed by. I laughed at them and threw candy to their kids.

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They're dropping like flies

If you had asked me to guess which Republican governor would resign on the Friday before 4th of July weekend, I would have put money on Mark “I met my soul mate” Sanford of South Carolina.

But surprisingly, it’s Alaska Governor Sarah Palin who announced plans to resign without giving a coherent explanation.

I haven’t been right about everything, but I always knew John McCain did Democrats a favor by elevating Palin to superstardom.

This is an open thread.

UPDATE: Talking Points Memo has the full transcript of Palin’s resignation speech.

In this clip, Palin explains that she doesn’t want to “put Alaskans through” the horror of having a lame-duck governor. She’s transferring power to the lieutenant governor because she’s “not wired to operate under the same old politics as usual”:

Indictment? Family situation? Your guess is as good as mine.

I think we can all agree that someone who didn’t even stick it out for one whole term as governor has no future in electoral politics.

SECOND UPDATE: So much unintentional comedy in Palin’s speech today. I like this part:

Life is too short to compromise time and resources… it may be tempting and more comfortable to just keep your head down, plod along, and appease those who demand: “Sit down and shut up”, but that’s the worthless, easy path; that’s a quitter’s way out. And a problem in our country today is apathy. It would be apathetic to just hunker down and “go with the flow”.

Nah, only dead fish “go with the flow”.

So, she’s resigning after less than one term because she doesn’t want to take “a quitter’s way out.”

THIRD UPDATE: Steve Benen lays out seven possible reasons for Palin’s resignation. He thinks she is running for president. That makes no sense to me–she could have served out her term and not run for re-election in 2010, leaving plenty of time to campaign for president.

Chris Bowers thinks Palin mainly wants to cash in on her celebrity before running for president, but I lean toward Josh Marshall’s view. There may be a major scandal or criminal indictment coming down the pike.

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Farm Bureau confident climate change bill going nowhere

A friend sent me an e-mail she received from the Iowa Farm Bureau. Excerpt:

Mary Kay Thatcher, AFBF director of public policy, tells Agriculture Online that Farm Bureau doesn’t anticipate the massive climate change bill passed by the House last week to pass the Senate this year.

And the New York Times reported Tuesday that opposition from Farm Bureau and other agricultural groups threatens to kill the bill in the Senate. The Times reports that groups such as AFBF wield greater clout in the Senate, because members there must be protective of an entire state, rather than a small congressional district.

Here are the links to the Agriculture Online piece and the New York Times article.

The American Farm Bureau Federation lobbied members of the U.S. House to vote for Collin Peterson’s lousy amendments to the Waxman-Markey American Clean Energy and Security Act but against the bill intended to address climate change.

I have my own problems with the ACES bill, especially the deals made to appease the coal industry and Peterson’s colleagues on the House Agriculture Committee. That said, the objections big agribusiness and their Congressional allies have raised against the cap-and-trade approach are off-base and short-sighted.

It wouldn’t surprise me if Farm Bureau’s vote-counter is correct and the Senate rejects the Waxman-Markey bill for the wrong reasons. Frankly, that might be better than letting senators like Claire McCaskill of Missouri make this flawed bill even worse.

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Open thread on July 4 activism

Iowa communities of all sizes will hold public celebrations of Independence Day this weekend. Most of the parades take place on July 4, but a few cities, such as West Des Moines, schedule a parade for the evening of July 3. As I wrote here a year ago, I encourage Bleeding Heartland readers to volunteer with your local Democrats on this holiday. Parades are a fun way to spend an hour or two with like-minded people in your area.

I’ll be walking with the Polk County Democrats in the Windsor Heights parade on Saturday. I haven’t decided what to write on my hand-made sign. In past years I’ve tried to express my values without a partisan slant: “We hold these truths to be self-evident, that all men (and women!) are created equal…”

Some environmental organizations, including Repower America, are encouraging people to “declare their energy independence” on the 4th of July.

This thread is for any comments on your plans for the holiday. Please also post any suggestions for a good parade sign.

If you’re traveling this weekend, drive safely and consider “ecodriving” to improve your mileage.

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