D-Day

The Story Of American Workplaces

2009-11-18T06:20:00.000-08:00

(This post is part of Brave New Films' 16 Deaths Per Day campaign, for which I am a blogger fellow.)

Steven Greenhouse reports in the New York Times that employers are routinely underreporting illnesses and injuries to their workers.

The report, by the G.A.O., the auditing arm of Congress, said many employers did not report workplace injuries and illnesses for fear of increasing their workers’ compensation costs or hurting their chances of winning contracts.

The report also said workers did not report job-related injuries because they feared being fired or disciplined and worried that their co-workers might lose rewards, like bonuses or steak dinners, as part of safety-based incentive programs.

“The widespread underreporting so clearly documented in this report is undermining the health and safety of American workers,” said Senator Tom Harkin, Democrat of Iowa and chairman of the Health, Education, Labor and Pensions Committee. “If we don’t know the full extent of the workplace hazards workers face, we cannot fully address these risks.”

Mr. Harkin was one of the Congressional leaders who requested the report.

It's hard to even determine the problems with workplace safety when employers are systematically undermining the data. And it's impossible for industry to take credit for declines in workplace injuries and even fatalities if the official data cannot be trusted (that decline can also be attributed to the overall decline in the workforce due to the recession, too, as well as the decline in staffing at the agencies that keep the records). In fact, the GAO report concluded that OSHA may have failed to account for "up to two-thirds of all workplace injuries and illnesses."

See, OSHA relies on data from employers for a bulk of its surveying about workplace safety. That's right, the foxes write up the reports about the henhouse. When you start talking to people other than the site managers, some interesting statistics crop up:

The accountability office also found that more than a third of the occupational health practitioners it surveyed said that employers or workers had pressured them to provide insufficient medical treatment to hide or play down work-related injuries or illnesses.

The safety and health administration requires employers with more than 10 workers to record every work-related injury or illness that results in lost work time or medical treatment other than first aid. Some occupational health practitioners say that to avoid recording an injury, some employers will try to limit treatment for a serious injury to just first aid.

In other cases, the practitioners said, employers might seek alternative diagnoses if the initial diagnosis would result in a recordable injury or illness.

They want to avoid OSHA site inspections, which they know the agency is only equipped to perform on the most egregious violators. If you stay out of sight, you'll be out of OSHA's mind, in all likelihood.

When you read the independent reports, outside of OSHA, you begin to get the true picture of what American workplaces look like. In the low-wage market, there are all kinds of systematic violations, forcing employees to work longer hours for less pay - and these violations extend to health and safety. This stress and strain may account for the shocking rise in workplace suicides over the last year.

“This report confirms that when it comes to the documenting of workplace injuries, we can’t just take employers at their word,” said Senator Patty Murray, Democrat of Washington and chairwoman of the Subcommittee on Employment and Workplace Safety. “The system, to this point, has been all too easy to game.”

Which is why we need real changes to the system like the Protect America's Workers Act.

The Serious Side Of Chocolate

2009-11-12T16:41:00.000-08:00

(This post is part of Brave New Foundation's 16 Deaths Per Day campaign, where I am a blogger fellow.)

Back in July, a temp worker died from falling into a vat of chocolate. He had been on the job two weeks.

A temp worker at a Camden chocolate processing plant died this morning after he fell into an eight-foot vat that was mixing and melting chocolate to be used in Hershey's candy.

Vincent Smith II, 29, of Camden, was standing atop a platform and tossing blocks of solid, raw chocolate into the tank, Jason Laughlin, spokesman for the Camden County Prosecutor's Office, said.

The tank was heated at 120 degrees Fahrenheit, and paddles inside stirred the chocolate as it was thrown in.

When Smith fell around 10:30 a.m., one of his three coworkers on the platform immediately rushed to turn the machine off and the two others tried to pull him out.

But Smith had been struck by one of the paddles, suffering fatal injuries. He was pronounced dead at the scene, and Camden firefighters pulled his chocolate-covered body out of the tank.

A few local newscasts in the Philadelphia area had some fun with this story, barely suppressing giggles and making predictable puns as they gave it a brief mention.

But they never followed up on the story. In fact, the owners of the plant, Lyons & Sons, never had a license to make chocolate (yes that's a Fox news link):

Officials say a cocoa processing center in New Jersey was operating illegally when a worker fell into a vat of melting chocolate and died.

Camden cited Lyons & Sons Inc. for not having a business license after Vincent Smith II died Wednesday.

Authorities say the 29-year-old was hit by a mixing paddle.

Company spokesman Kevin Feeley says that it's a misunderstanding and that Camden officials knew the firm was operating in the former Campbell Soup plant.

I'm sure the company spokesman would call it a misunderstanding.

The lack of a license - after "six or seven" years of operation, according to the initial story - may explain why Lyons & Sons didn't have any prior OSHA violations. Hard to investigate businesses when they aren't carrying licenses and the city inspectors don't know of their plant's existence, making them unable to refer problems to OSHA. In fact, the plant was never zoned for melting chocolate, but cocoa-bean storage. And Lyons & Sons actually was contracted through a company called Cocoa Services (presumably so one could blame the oversights on the other). And John Lyons was listed as the President of both businesses.

Ultimately, one business is really culpable here. Hershey doesn't make their own chocolate anymore. They sub-contract it out to companies like Lyons & Sons to cut costs. Included in those cost savings are worker benefits - and worker safety.

Nancy Cleeland wrote about Smith's story in October for The American Prospect.

Safety is of particular concern in food-processing plants, which often feature slick floors, powerful machinery, and raised platforms. Any one of those features can be deadly. Falls are the second leading cause of death on the job in the U.S., after highway accidents, according to the Bureau of Labor Statistics. Even as the overall occupational death rate has dropped, the toll from falls has been steadily rising for 15 years -- with 847 reported fatalities in 2007.

"In many of these plants you have bits of food flying everywhere, and it gets on the floor," says Jackie Nowell, occupational safety and health director of the United Food and Commercial Workers union (UFCW), which represents workers in beef- and poultry-processing plants, among others. "That makes it very dangerous. Employers struggle with this issue all the time. And it's a very big concern for workers."

Worries about safety have driven many organizing campaigns and contract negotiations in food processing. Unions representing workers in the industry invest in health and safety research and advocacy and include safety language in contracts. "There's a great history of it," Nowell says. "I've got old contracts from the '40s that talk about safety committees. It was important that there be a system that workers could go through. They learned to look for hazards and felt comfortable reporting them."

But without job security or the support of a union, temp workers are seldom forthcoming with their concerns, she adds. And when accidents do happen, the victim's interests sometimes languish as blame is passed around. "There has to be a better definition of who's the employer," Nowell says. "There has to be a closing of the loop."

Understand the circumstances surrounding Smith's death. He lived in Camden, one of the most economically depressed cities in America. He had been looking for a job for months and was praying for one, according to family. So when the opportunity to work at the chocolate factory came around, he took it. He was getting just over the minimum wage, with no benefits, sick days, or even the promise of a future job, as a temporary employee. And worker safety was far less stringent on a non-union plant of contractors like Lyons & Sons.

In this case, OSHA is investigating, and Lyons & Sons have shut the illegal production facility down. But how many other factories are out there, beyond the reach of OSHA, operating in violation of current law, and unwilling to do anything about it because the risks from federal regulators are so minimal?

That's why we need the Protect America's Workers Act to give workers like Vincent Smith more protections. Death by chocolate may sound funny, but it's no laughing matter.

16 Deaths Per Day

2009-11-10T07:40:00.000-08:00

(Disclosure: I am a blogger fellow with Brave New Films, the creator of this video and the 16 Deaths Per Day campaign)

Every day in America, 16 people die at work from employer negligence.

That's the backdrop to 16 Deaths Per Day, a new video and website from the advocacy group Brave New Films, seeking to highlight the often-neglected issue of worker safety.

The video makes the point that employers who provide an unsafe work environment are almost never prosecuted in the event of a death of an employee. Even if they were, the crime of contributing to an employee's death is only a misdemeanor, with a maximum prison sentence of six months and a maximum fine of $70,000. Under the Bush Administration, the Occupational Safety & Health Administration (OSHA) hardly ever referred cases to the Justice Department for prosecution, lowered fines for noncompliance so that they represented a minor cost of doing business, and underfunded the agency so it could never inspect worksites across America for unsafe conditions. In addition, OSHA protections currently do not apply to all public employees at the state or federal level.

The video takes a look at the stories of several workers. Travis Koehler-Fergen, an employee at the Orleans Hotel in Las Vegas, and Tina Hall, from Toyo Automotive Parts USA, both died at their workplaces in accidents. The Orleans was found by OSHA to have broken the law, but were never referred for prosecution. 16 safety violations were found at the Toyo plant prior to the accident that killed Tina Hall, but the highest fine ever levied on the company was $7,000.

Members of Congress, including Lynn Woolsey and the late Ted Kennedy, introduced a bill this April called the Protecting America's Workers Act, which would tighten up worker safety laws, and give OSHA the ability to impose legitimate fines on noncompliant work sites, making the law adequate to deal with serious violators. Among other things, the bill would:

• Expand workplace protections to state, county, municipal, and federal employees who are not currently covered by the Occupational Safety and Health Act
• Increase financial penalties for those who kill or endanger workers
• Strengthen criminal penalties to make felony charges available for willful negligence causing death or serious injury
• Expand OSHA coverage to millions of other employees who fall through the cracks (like airline and railroad workers)
• Provide protection for whistleblowers
• Give employees the right to refuse hazardous work that may kill them
• Improve the rights of workers and families, requiring OSHA to investigate all cases of death
• Prohibit employers from discouraging reporting of injury or illness

16 Deaths Per Day has a petition for members of the relevant House and Senate committees, urging them to pass this bill. There's a Facebook page as well.

Former Blue Cross Commercial Actor Denounces Insurance Industry

2009-11-06T09:15:00.000-08:00

You may know Andy Cobb from the series of humorous video sketches he's done about Republicans, the media, and assorted inanities. But he works by day as an actor. And a few years ago, he was a commercial spokesman for Blue Cross Blue Shield of Florida. Now, he's speaking out about the insurance industry in a new video produced by Brave New Films for their Sick For Profit campaign (disclosure: I am a blogger fellow on this campaign).

Andy, who lives in Los Angeles, describes himself as a "spokesjerk" put in front of the cameras by the industry to deliberately stand in the way of reform and maintain the status quo. He asks for solidarity from spokesjerks like him - the Sham-wow guy, for example - to stop pitching products that rip off Americans.

More on this at The Huffington Post.

Rockefeller, Harkin Sparring With Insurance Industry

2009-11-04T15:45:00.001-08:00

(Sick for Profit)

Senate Democrats are trying to extract some embarrassing information from the insurance industry about their deceptive practices.

First, Tom Harkin, who is seeking to subpoena insurers for failing to provide information requested by his committee.

Harkin, the chairman of the Senate Health, Education, Labor and Pensions (HELP) Committee, said his committee may demand information from health insurance companies about the reasoning for steep increases in premiums faced by small businesses.

"I've been inundated with letters and information about the exorbitant increases in premiums for small businesses in this country," Harkin said during an appearance on MSNBC. "I asked them to come and testify at a hearing I had yesterday. They refused."

"So now I'm asking them to give us information on which we can make some decisions on why these premiums are going up so much for small businesses," he added.

Here's the video:

Visit msnbc.com for Breaking News, World News, and News about the Economy

Jay Rockefeller also wants some information about the industry's "medical loss ratio," and how they cook the books to pretend that they spend a substantial amount of premium money on treatment and care.

The New York Times reports: "The health insurance industry likes to cite figures showing that 87 cents of every dollar in premiums is spent on medical claims. But a new Senate analysis suggests that for-profit insurance companies are spending much less than that, especially for policies sold to individuals and small businesses. Instead, as little as 66 cents of each dollar paid in premiums goes toward doctor and hospital bills, while the rest covers administrative expenses, marketing and company profits, according to the analysis. .... The [health reform] legislation that may reach the House floor later this week would initially require insurers to spend at least 85 cents of every dollar in premiums on medical claims."

A long-standing complaint from individuals and small businesses is that they get less for their money. "But insurance companies generally do not disclose how much they spend in different segments of the market. The Senate analysis of the figures does not include information from California, because that state's filings are not available through the National Association of Insurance Commissioners. ... The insurance industry's trade group, America's Health Insurance Plans, said Monday that the 87-cent figure it cited as the industry average was based on information collected by the federal government and was an accurate reflection of how much of each dollar in premiums was spent on medical claims." (Abelson, 11/2).

This comes at a time when the Senate is about to unveil their health care bill. This information could be crucial to massing public opinion against the industry and keeping the entire Democratic caucus on board with reform.

8.2 Million Reasons Not To Give Up

2009-11-02T20:38:00.000-08:00

(Sick for Profit)

The House and Senate will be voting on health care bills in a matter of weeks. But the forces behind the status quo have not quit in their efforts to derail the bill or at least get as many goodies out of it as they can.

The lobbying expenses of the top 13 health insurers and their industry association, America's Health Insurance Plans (AHIP), spent nearly $8.2 million in the third quarter of 2009 to influence Congress on upcoming health care legislation, according to analysis released today by the nonpartisan campaign finance watchdog Public Campaign Action Fund (PCAF). The total marks an 11 percent increase over the pace of their spending in the first half of the year.

"Congress is marching toward passing landmark legislation to overhaul the health care system, and the health insurance industry is fighting them every step of the way," said David Donnelly, national campaigns director of Public Campaign Action Fund. "These insurance giants may be running out of time, but clearly they haven't run out of political cash."

This brings the total in lobbying to nearly $23 million this year, including $6.3 million from AHIP, $3.5 million from WellPoint, $3.5 million from UnitedHealth and $2 million from Aetna. Humana, which has spent $1.85 million in lobbying fees this year, saw their earnings rise 65% in the third quarter, a lot of it off the wasteful Medicare Advantage program, which represents a corporate handout and which is earmarked for scale-backs in the health care bills. Majority Leader Reid's office released this statement in response:

“It’s no wonder why Humana has been misleading seniors about health insurance reform -- they saw their profits rise 65 percent last quarter and want to make sure the gravy train doesn’t end. The insurance industry is making billions by gaming the Medicare Advantage system, at the expense of seniors’ traditional Medicare coverage, and taxpayers are footing the bill.

“The American people have had enough, but unfortunately Senate Republicans have sided with insurers like Humana and are working to protect insurance industry profits over Americans’ health care needs. When we pass health insurance reform this year, this will all come to an end. Our seniors deserve better and American taxpayers should not be asked to pad the profits of the insurance industry.”

Insurers like Humana are ready to pounce on this legislation when it hits the floor in both Chambers, particularly in the Senate, where they will use the amendments process to try and cripple reform and the cloture process to outright kill it. But the insurance industry isn't just fighting for their own self-preservation, they're fighting the interests of the people.

You Don't Think They'll Just Give Up, Do You?

2009-10-26T20:06:00.000-07:00

(I'm a blogger fellow for Brave New Films and their Sick For Profit campaign)

After today's announcement from Harry Reid, adding a public option to the Senate health care bill, some might think that a great victory has been achieved. And it's a significant accomplishment to this point. But we're at the beginning of the end, not the end. And now that this public option, with a state opt-out, represents the lower bound of health care reform, you can bet that the insurance industry will redouble their efforts to kill the bill and retain the status quo. In fact, they've already started. Blue Cross/Blue Shield of North Carolina has begun to lobby their customers to work against the bill, asking them to contact Senator Kay Hagan (D-NC). Not a front group, or some ad hoc organization funded by BC/BS. No, just the company itself.

(The mailer) reads:

Public option?
Government Cooperatives?
Community plan?
Single payer?
No matter what you call it, if the federal government intervenes in the private health insurance market, it's a slippery slope to a single payer system.

Who wants that?

The enclosed postcard to Hagan reads:

Senator Hagan,
Please oppose government-run health insurance. We can meet our health care challenges without the government unfairly competing with the private sector. Tell Senate leaders that North Carolina doesn't need government-run insurance.

They've also deployed lobbyists and shills to Capitol Hill to make completely dubious arguments. At a hearing about the insurance industry's anti-trust exemption, this amazing exchange occurred:

University of Arkansas business professor Lawrence Powell, who testified on behalf of the medical malpractice insurance industry.

"The best possible outcome from repealing McCarran is continuation of the status quo," he said. "However, it is also likely that repealing McCarran would have negative consequences for consumers, by decreasing competition and accuracy in insurance pricing."

Rhode Island Democrat Sheldon Whitehouse pointed out that the professor was relying on outdated information.

"You cite for the proposition that insurance markets are highly competitive an article by Paul Joskow. Do I have the date of that article correct, it's 1973?" he asked Powell. "I believe so," came the answer.

And, they've started to push their message out to media, getting an AP reporter to buy the canard that poor, henpecked insurance companies just don't make a lot of money.

WASHINGTON – Quick quiz: What do these enterprises have in common? Farm and construction machinery, Tupperware, the railroads, Hershey sweets, Yum food brands and Yahoo? Answer: They're all more profitable than the health insurance industry.

The missing ingredient here is scale. Tupperware is more profitable than health insurance on a percentage basis, but 1/6 of the US economy doesn't go through Tupperware. In real dollars, the insurance industry makes a mint. And remember, "profit" doesn't count salaries, not even what's given to CEOs.

The truth is that, even with this public option, insurers will do just fine in the health care bill. They get millions of new customers, with competition that is limited (not everyone can get the public plan, under even the most expansive version). But it's just not good enough for them. The notion that they might have to offer coverage with actual benefits, and not cherry-pick the healthy to pay their premiums, which would cut into those profits, is just distasteful to them. So they will fight. And we will be ready.

Just Trust Us

2009-10-20T22:42:00.001-07:00

(This is part of my work as a blogger fellow for Brave New Films' Sick For Profit campaign)

Rattled by their failed effort to kill health care reform, Karen Ignagni, the head of the health insurance lobby, took to the Washington Post today to claim, no, really, we love reform, trust us!

Let me be clear and direct: Health plans continue to strongly support reform. In fact, last year we proposed new insurance market rules and consumer protections to achieve universal coverage, remove restrictions on preexisting conditions and end the practice of basing premiums on health status or gender. We firmly believe that all the cost concerns the report raised can be resolved.

Practically every option Ignagni brings up to "resolve" those cost concerns, like killing the excise tax on high-end insurance plans, would only exacerbate them by draining the system of resources and eliminating cost controls.

Furthermore, the entire notion that the industry supports health care reform is ludicrous on its face. They are the cause of most of the practices that need reforming. If they supported reform they wouldn't sustain a system that led to outcomes like this:

Jenny Fritts was 24 years old. Jenny lived with her husband Sean for the past five years, and together they had a little girl named Kylee, 2. Jenny was seven-and-a-half months pregnant with her second child – a beautiful, baby girl.

Jenny is dead. Jenny’s unborn baby is dead. They died because they were turned away for appropriate care at a for-profit hospital because they did not have health insurance. Sean rushed Jenny back to another hospital when her symptoms became even more severe, and he lied about having insurance to get her in the door. She was placed on a respirator in intensive care, but she didn’t make it. She died. And so did her baby.

They become two more of the more than 45,000 Americans who die preventable deaths due to our broken healthcare system every year. Two more. Mother and child.

Nor would they tell mothers that they must be sterilized in order to qualify for health insurance:

It's completely outrageous for someone like Ignagni to even open her mouth about reform. The entire premise should be rejected. The industry has lost their right to speak on the issue.

Friday Random Ten

2009-10-16T16:23:00.000-07:00

Hey, why not? For old times sake! By the way, a reminder that you can read my output today at the FDL News Desk.

Heart Shaped Box - Nirvana
How High The Moon - Diane Reeves
Fell On Black Days - Soundgarden
Baby Love Child - Pizzicato Five
All The Dirt - Mike Doughty
Blue Xmas - Miles Davis & Bob Dorough (Christmas comes earlier and earlier every year)
Que Onda Guero - Beck
Soma - The Strokes
Girl/Boy Song - Aphex Twin
Sweetheart - Ween

New Site

2009-10-15T13:41:00.001-07:00

So my new site is live over at Firedoglake. The URL is:

http://news.firedoglake.com

You can pick up a feed at: feed://news.firedoglake.com/feed/atom/

Thanks everyone. I'll be dimming the lights here now.

Other Stuff

2009-10-14T15:35:00.000-07:00

I just can't get across all the beauteous links I have to share with the world with the space I am fortunate enough to be given at FDL as I await the dedicated site. So, um, here:

• Gavin Newsom has a new ad up doubling down on changing the Constitution and ending the 2/3 rule (he mentions it twice in a 1:00 ad). I think this is the beginning of more to come, as Newsom recognizes that moving into an aggressive reform pose is the only way for him to differentiate himself from Jerry Brown, who will find this too hot to handle.

• The unions are coming out hard against the Baucus bill, for two reasons: the public option and the tax on high-end insurance plans. On the former I'm glad to see them so aggressive; on the latter I just don't think it's good public policy to prop up an inefficient system of providing health care to people. Congress is debating this intensely, and my hope would be that the public option would be enough for the unions to back the bill even with a high-end tax, although I do think it should be indexed so we don't get a perpetual problem like the AMT.

• A deal in Honduras? But President DeMint said that the coup plotters were freedom fighters!

• Nancy Pelosi wants to allow children to remain on their parent's health plans up to 26 years of age. Great policy and great politics. This is one of those short-term deliverables that Mike Lux is talking about.

• Republicans are going to lose a House race in New York because of a third party from the far right getting all the attention and all the money. The Democrat in NY-23 (no great shakes himself) is outspending her 12-1 on TV. Nobody should trust Republicans to get their act together long enough even to make a dent in the Democratic majority.

• Abortion bans do not cut the abortion rate. They kill women.

• Why should the public be allowed to see Blackwater on trial for the Nissour Square murders? You'd think we have an open and transparent judicial system or something! I'm not talking about putting them on Court TV, the public would be banned from even ATTENDING the hearings.

• Wow, this isn't good.

American officials in Baghdad urged Iraqi lawmakers Tuesday to pass an election law crucial for organizing a January vote that the Obama administration considers key to withdrawing U.S. combat troops.

In a statement, U.S. Ambassador Christopher R. Hill and Gen. Ray Odierno, the American military commander here, said they were concerned that parliament hasn't yet reached an agreement on the law. They urged lawmakers "to act expeditiously on this important legislation that will set the terms for successful, transparent political participation in this milestone event." A day earlier, Ad Melkert, the U.N. representative in Iraq, voiced similar concerns.

The Iraqi Parliament doesn't exactly move swiftly, and we're talking about an election scheduled for just a few months from now. In addition to delaying withdrawal it could throw Iraq's political system into crisis. Yikes.

• The green jobs bill in New York could be a model for the nation. It creates jobs and reduces emissions. Win-win.

Insurance Industry Drops ANOTHER Flawed Report

2009-10-14T15:24:00.000-07:00

(I'm writing this post in my role as a blogger fellow for Brave New Films' Sick For Profit campaign)

Not content having embarrassed themselves once this week with a "study" of health reform that doesn't look at any of the elements of health reform, AHIP has done it again. Blue Cross Blue Shield has sponsored this report, put together by the accounting firm Oliver Wyman, claiming that premiums will rise 50% on the individual market and 19% on the small group market should health reform pass.

Once again, the report doesn't factor in almost everything in the bill that would mitigate the premium increases, though it does come to a slightly better conclusion than the original AHIP report from PricewaterhouseCoopers, the one that they immediately distanced themselves from. The White House characterized it this way - "if the AHIP report was a $3.50 bill, this one's a $3.00 bill."

As Ezra Klein points out, the real value in these reports is how it shows the bankruptcy of the insurance industry as a whole, and how they simply cannot conceive of anything resembling a legitimate market for their services:

Essentially, they've spent so long pricing the sick and the old out of the individual market that they don't really know what to do when they're allowed back in [...]

This is the house they've built: an insurance market where plans are written for the healthy and all legal efforts are made to exclude the sick. That's meant premiums are somewhat lower than they'd otherwise be, but only because the people who most need health-care insurance aren't able to afford it, or in some cases, aren't able to convince anyone to sell it to them. Now that arrangement is ending and they're scared that they can't provide an affordable product to the people who need it. They may be right, but it's evidence of how deeply perverse their business has become, not of what's wrong with health-care reform. When they say that the individual market would be cheaper in the absence of health-care reform, they're saying the individual market would be cheaper if they could continue refusing to sell affordable insurance to people who need health-care coverage.

That's not the kind of business anybody should be working to protect.

The Marriage Equality Fight

2009-10-14T09:26:00.000-07:00

While most politicos are looking at gubernatorial races in New Jersey and Virginia to determine whether Democrats gain maintain a short-term advantage in 2010, it's clearly the battles over marriage equality and gay rights in Washington state and Maine where the true potential of a progressive realignment can be measured. On the heels of the March for Equality, we're entering the final weeks of two ballot measures to gauge this support.

In Washington, a vote against referendum 71 would actually take away domestic partner benefits from LGBT couples. Approve 71 has released their first ad, featuring a lesbian couple who has been together for 31 years.

In Maine, the fight is over marriage. The legislature passed a marriage equality law earlier this year, and the same forces who pushed through Prop. H8 in California have reassembled to try and revoke the law in Maine. This will feature two highly motivated forces with a clear decision to make on an issue of progressive values. Unlike in California, the pro-equality forces are well-prepared with a better message. For example, they actually show gay families in their ads:

Forces of bigotry are trying to pull that ad because it features a Roman Catholic mother. I guess they missed both the freedom of speech and the freedom of religion clauses in the First Amendment.

No on 1 just released their funding numbers for the third quarter, and they've raised a whopping $2.7 million dollars (very large for Maine), and have over 8,000 Mainers volunteering for the campaign. The Yes side reported only $1.1 million for the same period. And a brand-new poll shows the No side leading, 51.8%-42.9%. The Yes side is freaking out and sent an urgent email to their list yesterday asking for cash. Expect the Bat-Signal to light up at the Mormon Tabernacle any minute now.

Included in that fundraising total for No on 1 is nearly $1 million dollars in online contributions. The netroots is pushing for a moneybomb on Thursday, October 15, the last day of the financial reporting period. Joe Sudbay explains:

That's why in Maine, we're making one last major pitch before 11: 59 PM on October 15th. That date has special significance for two reasons: 1) It's the last day of the financial reporting period (the last one to be made public before election day); and 2) It's the first day of in-person absent voting. We want the No on 1 campaign to have all the resources it needs -- and to know that in advance [...]

The Courage Campaign, OpenLeft, Pam's House Blend and others are setting a goal to reach $1.1 million in online donations by October 15th. AMERICAblog readers have been very generous already. We beat our first goal of $25,000 and are heading to $50,000 now. Help us get there. And, help us win in Maine.

No on 1 is already at $1.077 million dollars on Act Blue as of 2:30pm ET today, so I'd expect the goal to rise.

The battle on marriage equality is the civil rights movement of the 21st century, and we've seen movement over the year, including yesterday. Whether Democrats have a 16-vote or 18-vote or 20-vote majority in the Senate is less suggestive of a progressive realignment than whether real advances for groups of Americans can be achieved. The fights in Washington and Maine would show that to be the case.

Other Stuff

2009-10-13T16:01:00.000-07:00

So because I have some kind of obsessive-compulsive disorder and am posting less right now as I await the ramp-up to a dedicated site on FDL, here are some quick hits on stories I didn't get to on that site today:

• Congress will hold hearings on those forged letters from astroturf groups sent to swing-state Dems urging them to vote against the House climate bill. This needs to be more than investigated by Congress; the Justice Department should get involved.

• Another day, another GOP front group headed by neocons. This one's called "Keep America Safe." It's a Bill Kristol/Liz Cheney special. Nothing but good can come of that.

• NOAA steps up and warns against indefinite offshore drilling without limits. This is one of those small benefits of the Obama Administration, that relatively sane regulatory agencies are starting to assert themselves.

• A nice piece from Peter Orszag on the delivery system reforms in the bill.

• Jon Corzine has a couple new attack ads out, slamming Chris Christie for his ties to corporate interests and the Bush Administration. Corzine has been relentless.

• Publius calls it Rick Perry's Saturday Night Massacre, and I agree. He's now fired ANOTHER member of the commission looking into whether Texas killed an innocent man. This is a huge story going completely unnoticed by the national media.

• Charlie Rangel's getting a primary challenge. Charlie Rangel NEEDS a primary challenge. Corruption is not a partisan issue.

• North Korea may be launching missiles, but they're also agreeing to talks. Guess the missile launches aren't going well. Meanwhile, Russia is splitting from the US over the issue of sanctions for Iran, with the Foreign Minister calling them "counterproductive."

• Tim DeChristopher, the activist who bid up oil and gas leases without the ability to pay in an effort to deep-six the potential drilling, is charged with two felony counts for his activism. For bidding on something? Really?

Desperate Insurance Industry Now Running Ads Against Reform

2009-10-13T12:36:00.000-07:00

(This post is part of my role as a blogger fellow with Brave New Films' Sick For Profit campaign)

Their strategy to blow up health care reform now blowing up in their face, the insurance industry kicked it up a notch today, by purchasing a million-dollar ad buy designed to scare seniors:

In a late-effort push to alter or torpedo health care reform, the major lobby for private insurers has made a multi-state, million-dollar ad purchase claiming that seniors will see their care cut under Democrat-crafted legislation.

America's Health Insurance Plans (AHIP), which released a highly critical (and widely criticized) report slamming the Senate Finance Committee's reform proposal, has quietly put out a new spot claiming that millions of seniors will see their Medicare slashed by Congress.

"Is it right to ask 10 million seniors on Medicare advantage for more than their fair share?" the ad asks. "Congress is proposing over 100 billion in cuts to Medicare advantage. The non-partisan Congressional Budget Office says many seniors will see cuts in benefits."

You can see the ad here. It's airing in swing states with Democratic Senators: Pennsylvania, Colorado, New Mexico, Missouri, Louisiana and Nevada.

One of two things is going on. The industry may truly be worried about the shape of reform and whether or not it will preserve its profits. Or they are giving space to the Baucus bill, the only one without a public option and the friendliest to their interests, so that liberals can be motivated to pass it or something like it. Savannah Guthrie just said this on MSNBC:

I think there will be courtship of those moderate Senators, but look, one thing I heard this morning here at the White House was that the insurance company report, the Price Waterhouse Cooper report, has actually been helpful to some extent (now granted this may be spin but let me just tell you what their argument is) is helpful because some of the liberal Senators who are concerned that the Baucus bill was just way too easy on the insurance companies, now have some cover. If the insurance companies think it's so objectionable that they're getting off the train and writing this report and signalling they're no longer at the bargaining table on health reform, it must be something that really hurts them.

Reform advocates are having NONE of that. MoveOn has slammed the Baucus bill, which just passed the Senate Finance Committee, in a video featuring health care hero and former CIGNA executive Wendell Potter.

"Take it from me, the Senate Finance bill is a dream come true of the health insurance industry. If there is not public option insurance companies aren't going to change. The choice of a public health insurance option is the only way to keep insurance companies honest."

This is only the beginning of the health care fight, not the end. But the insurance industry has laid their cards on the table. They are against reforming the system in any way that cuts into their profits. And they should not be appeased with a forced market and a monopoly on insurance.

What Up?

2009-10-13T11:38:00.000-07:00

I just thought Michael Steele had a good idea with that blog title, wanted to give it a road test.

What up! Homies! As the Sadlies said, "You down with GOP? Yeah you know me!"

By the way, click here to see Filibusta Rhmyez Chairman Steele (again, h/t Sadlies) right here on this website.

...and the "Future Leaders" page is empty.

We need a new Internet meme somehow bigger than epic FAIL.

Other Stuff

2009-10-12T15:54:00.000-07:00

Boy, restricting myself to 3-4 posts a day is HARD! That's only temporary, however, as the FDL News site is still pending. So in addition to the stuff I've got up at FDL today, here's a few other things on my mind:

• This Scarlet A law in Oklahoma is extremely disturbing. Probing details of every abortion would get posted on a PUBLIC website. This is deliberately designed to shame women and enact a de facto ban on reproductive choice.

• One big story on the left today was John Harwood's NBC Nightly News report quoting an anonymous staffer who reportedly said "Barack Obama is doing well with 90% or more of Democrats so the White House views this opposition as really part of the Internet left fringe [...] For a sign of how seriously the White House does or doesn't take this opposition, one adviser told me those bloggers need to take off the pajamas, get dressed, and realize that governing a closely divided country is complicated and difficult." This sounds more like John Harwood than anybody else, and significantly, the White House issued a denial that the quote "reflected White House thinking." Sam Stein and Glenn Greenwald have more. I can't get too worked up about this because, while I'm sure this quote reflects how some people in the Administration think, it's a big White House and there's probably no monolithic perspective on pretty much everything.

• Notably, just as the White House was taking heat for their perspective on bloggers, they decided to hand out exclusive interviews to three blogs. I wouldn't call these partisan media sites, however: The Motley Fool, Consumerist and The Motherhood, a mommy blog. In each case, the blogs are asking their readers for questions, so at least there's a preference for the general nature of the format.

• People who think Lindsey Graham is going to be some kind of helpful moderate for the White House needs to recall this story from the weekend:

Sen. Lindsey Graham, R-S.C., is trying to prevent the Obama administration from holding criminal trials in civilian courts for the alleged Sept. 11 plotters instead of bringing them before military commissions.

Graham, who helped craft the 2006 law that established the military commissions, said Friday that he'd attached an amendment to an appropriations bill that would prohibit the Obama administration from spending money on the prosecution and trial of the accused terrorists before U.S. civilian federal judges.

This came a day after Democrats basically agreed to allow Gitmo prisoners to be moved to the US for trial.

• This Joe Biden cover story in Newsweek is the big chatter piece of the day. I thought Jay Carney used to work for Time before joining Biden's staff, you'd think THAT magazine would publish this mash note.

That Baby Should Learn About Personal Responsibility

2009-10-12T13:22:00.001-07:00

(This post is part of my role as a blogger fellow for Brave New Films' Sick For Profit campaign)

Rocky Mountain Health Plans, an insurance company in Colorado, has denied coverage to a four month-old child on account of "obesity." How dare the kid not moderate his portions!

By the numbers, Alex is in the 99th percentile for height and weight for babies his age. Insurers don't take babies above the 95th percentile, no matter how healthy they are otherwise.

"I could understand if we could control what he's eating. But he's 4 months old. He's breast-feeding. We can't put him on the Atkins diet or on a treadmill," joked his frustrated father, Bernie Lange, a part-time news anchor at KKCO-TV in Grand Junction. "There is just something absurd about denying an infant."

Bernie and Kelli Lange tried to get insurance for their growing family with Rocky Mountain Health Plans when their current insurer raised their rates 40 percent after Alex was born. They filled out the paperwork and awaited approval, figuring their family is young and healthy. But the broker who was helping them find new insurance called Thursday with news that shocked them.

" 'Your baby is too fat,' she told me," Bernie said.

Rocky Mountain Health Plans' alibi is that as long as everybody denies coverage for a pre-existing condition, they will too.

So essentially, the insurance industry is telling this family to starve their child as the only way to get him health insurance.

That, or the baby should learn some personal responsibility and take care of himself better. Maybe push-ups.

UPDATE: A happy ending on this one. Rocky Mountain Health plans relented and will no longer consider an infant's added heft a pre-existing condition. Unfortunately, there aren't enough newspaper articles in the world to help everyone abused by the insurance industry.

RINO: Reformer In Name Only

2009-10-12T10:28:00.000-07:00

My first post at Firedoglake is up, about how Governor Chamber of Commerce's talk on health care is never matched by action. Again, the dedicated site isn't live, so for now I'm only posting on the main page.

The Rest Of The Week In Review... Also The Last?

2009-10-11T22:40:00.000-07:00

Well, before the new job I just want to clear out my tabs and what-not.

• I think the biggest threat to the economy right now remains the housing market. The Administration has apparently been using the FHA to prop up the market by continuing to guarantee high-risk mortgages which otherwise wouldn't have been made. Well, those are starting to go bad at an alarming rate, and now policymakers are talking about a federal bailout. At the same time, the federal program designed to slow down foreclosures isn't really working. However, none of this is stopping Democrats and Republicans from trying to extend an $8,000 homebuyer credit to... prop up the housing market. It's insane.

• In a story reminiscent of The Jungle, the New York Times did an expose of the meat inspection industry and its effects on the lives of people paralyzed for eating the wrong hamburger. The story was so powerful that the industry started striking deals for testing their meat for e.coli. Aside from the environmental concerns from eating meat altogether, at the very least we should be able to expect that we won't get paralyzed from it.

• Sonia Sotomayor was lively and active in her first week on the Supreme Court, asking more questions in an hour "than Justice Clarence Thomas has asked over the course of several years." Meanwhile, Antonin Scalia was trying to argue that the symbol of the cross wasn't actually a religious symbol. And he's supposed to be the conservative intellectual on the bench.

• This Karl Rove op-ed is as silly as the rest of them, but one part rings true.

The numbers may get worse for Democrats if they pass a health-care bill. Why? Because Senate Finance Committee Chairman Max Baucus (D., Mont.) wants to frontload the reforms with distasteful things. Under his plan, tax hikes and Medicare and Medicaid cuts kick in immediately, while new benefits are delayed for two-and-a-half years. Voters likely won't warm to reforms that slam them next year while promising benefits down the road.

This is unquestionably true, actually. You have to have some tangible benefits up front. I think the high-risk pools that could get the uninsured covered before the exchanges take effect could solve some of this problem.

• Good to see the DSCC taking this on - just why did 30 GOP Senators vote to deny rape victims justice in court?

• I'm still not sure whether the Senate is ready to pass a climate change bill, but the participation of Lindsey Graham in this op-ed doesn't hurt. Huckleberry often says one thing right before doing another, but it helps to put him in a box, saying that the Senate can pass the bill. Actually, it might help even more that a Midwestern Democrat like Sherrod Brown is leaning toward supporting the bill - the industrial-state Senators will make or break this.

• Not only did Rick Perry pull a bunch of members from a commission that wanted to look into his role in putting an innocent man to death, he cut the commission's funding. The rationalizations from the prosecutors aren't really cutting it, either.

• I didn't see Keith Olbermann's special comment on health care, but here's the transcript. It sounds like he took the experience of caring for his ailing father and interfacing with the health care system and pretty much came up with an hour full of stories. I don't know if he found out that some insurers consider domestic violence a pre-existing condition, or if his hospital charged a "facility fee" for his father to sit there, or if his father or someone in the hospital died from a preventable death. But the point is that, once you actually use the health care system, you have a far less positive view of it.

• You absolutely knew that Bill Frist would walk back his support of health care reform within about 24 hours. No surprise at all.

• I'm assuming that when Republicans get together, they use terms like "ghetto grandmothers" to describe all Democrats.

• I always hated the "look how many times that speaker used the words "I" or "me" as a proof of anything approaching narcissism, but Mark Liberman strikes a nail through the heart of this nonsense.

• In the grand scheme of things, $54 billion over 10 years is not a lot of money, certainly nowhere near the kind of numbers that Republicans always tout when they claim that medical malpractice reform is all that's needed to save health care.

• The ad I directed for Blue America targeting Blanche Lincoln for her stance on health care reform was featured on Rachel Maddow. Yay me!

• The latest conservative freak-out could be the dumbest ever - attacking Obama from choosing an artwork to adorn the White House because the wingnuts think it's a copy of a work by Matisse - when it's supposed to be a copy of a work by Matisse. I know it's not dogs playing poker, but really, maybe you should shut your mouth about things you don't understand.

• Well, blow me down - one of the top people in the Tea Party Movement owes the IRS a half a million dollars. Boy, he really doesn't like taxes!

• And finally, there's a Last Comic Standing show in Iraq. If they opened it up to the entire Muslim world, the head of the Pakistan Taliban would win in a walk.

Nobel Peace Prize-Worthy

2009-10-11T08:53:00.000-07:00

Who got these two longtime enemies together?

Armenia and Turkey signed a landmark agreement Saturday to establish diplomatic ties, after a dramatic last-minute intervention by Secretary of State Hillary Rodham Clinton to keep the event from falling apart.

The accord, aimed at ending a century of hostility stemming from Ottoman Era massacres, was brokered by the Swiss over the past two years, with the help of French, Russian and U.S. officials. Clinton had been in frequent contact with the two sides in recent months to help seal the deal.

But just as she arrived at the University of Zurich for the signing at about 5 p.m. Saturday, Clinton heard that the Armenian side was objecting to a Turkish statement prepared for the ceremony, officials said. Clinton's motorcade made a U-turn and raced back to the hotel, where a U.S. diplomat was talking to the Armenians.

In the hotel parking lot, Clinton sat in her black BMW sedan in a soft rain for about an hour, talking on one phone to the Armenian foreign minister and on another to the Turkish foreign minister, Ahmet Davutoglu. Finally, she went into the hotel to invite the Armenian foreign minister, Edward Nalbandian, to drive with her to the university, where his Turkish counterpart was waiting.

Once there, further hours of negotiating ensued with a broader group of international diplomats, including Russian Foreign Minister Sergey Lavrov, before the documents were signed. In an apparent compromise, neither the Turks nor the Armenians made a statement at the ceremony.

Could we see two in a row for the Obama Administration? (Probably not, the principals themselves are probably more deserving; this excerpt is written in an American paper for an American audience.)

Actually, some Armenians and their representatives in Washington are upset that the accord puts off the question of whether Turkey committed genocide against the Armenian people to a "committee of historical experts" for study. They want an immediate acknowledgement based on the known facts. Armenians throughout the world are not entirely pleased with the document. But the Armenian people will likely by helped innumerably by the opening of borders and normalization of relations with their most powerful neighbor.

Let's hope we see more agreements like this soon.

Obama Adds Nothing To HRC Dinner

2009-10-11T08:28:00.000-07:00

The President spoke at the Human Rights Campaign dinner, the biggest political event in the gay community, where he vowed to do the exact same things he's been vowing to do since he announced his campaign for President, without any timeline on when any of this would happen. About the only specific was that he would sign the Hate Crimes bill, which passed both houses of Congress in 2007 (even breaking a Republican filibuster). It's good that he didn't threaten to veto that bill, as George W. Bush did. But this is a speech that Obama could have made two years ago on the campaign trail. As John Aravosis said:

Barack Obama just promised us that if he becomes president, he's going to repeal Don't Ask Don't Tell, the Defense of Marriage Act, and get ENDA passed.

He didn't even bother to mention the two big ballot fights looming in November - Prop. 1 in Maine, where the theocrats are trying to overturn the gay marriage law, and Prop. 71 in Washington, where they are trying to take away domestic partner benefits. Those campaigns in blue states could have used a soundbite from a popular President.

If you think part of life is just showing up, well, at least Obama showed up. But Obama really needs to show up when it counts. Nobody in the gay community is buying the promises anymore.

Honduras, Red State

2009-10-10T10:13:00.001-07:00

I think the plan for the ruling regime in Honduras is to negotiate out the clock on restoring Mel Zelaya. He only has a few months left on his term, and so endless talks would just serve to push resolution past the end. While they talk the talk of diplomacy, the government is using mercenaries, in violation of international conventions, to suppress dissent and support the rulers.

Meanwhile, the ruling regime has spent over $600,000 in a high-profile lobbying campaign, hiring those responsible for America's bloody crackdown in Central America in the 1980s like Otto Reich, along with corporate whores like Lanny Davis who will literally say anything for money. This has allowed them to gather friends at the top of the government, particularly Congressional Republicans like Sen. Jim DeMint.

Let's see, endless delays in negotiations, use of mercenaries, fealty to lobbyists, PR as a national policy.

They really are a mirror for American democracy! Circa 2002, at least.

War Council After Peace Prize

2009-10-10T09:48:00.000-07:00

David Kilcullen, Paul McCartney to Stanley McChrystal's John Lennon for the COIN set, unsurprisingly thinks that an outright escalation is the only path to victory in Afghanistan.

(CNN) -- An influential adviser to the U.S. commander in Afghanistan declared Friday that anything less than 25,000 extra international troops in the country would not be enough to win.

David Kilcullen, who also advised U.S. commanders in Iraq, told CNN's Christiane Amanpour the window of opportunity to turn around the war is closing.

Kilcullen's comments came as President Barack Obama, only hours after being awarded the Nobel Peace Prize, again met with his top advisers to discuss strategy and troop levels in Afghanistan.

The U.S. commander in Afghanistan, Gen. Stanley McChrystal, is reportedly asking for up to 40,000 extra troops. Some reports say there is an option on the table to send 60,000 additional troops, almost doubling the U.S. force now in the country.

Kilcullen, who has just come back from Afghanistan -- said the Obama administration needs to finish the strategy review as soon as possible. While the war is not as bad as some say, "it's worse than any other time in the past," he said.

Kilcullen is also aware of the problems of governmental corruption and the lack of a partner in the civilian leadership in the country. But he's certainly foregrounding the use of military force to overcome the fact that we'd be protecting the population in service to an illegitimate government.

The discordance of the war council at the White House on the day Barack Obama was handed the Nobel Peace Prize was not lost on the Afghans.

"I'm not sure I understand -- this isn't for peace here, is it?" said bank worker Homaira Reza. "Because we haven't got any."

Irfan Mohammed, whose shop windows were rattled a day earlier by a massive blast outside the Indian Embassy in central Kabul, said he believed Obama was a good man, and perhaps deserving of the laurel.

"But so far as Afghanistan goes, he hasn't made up his mind what to do," Mohammed said.

I still think the Nobel Committee, consciously or unconsciously, is undertaking some behavioral economics here. I don't know if it will work, but clearly Obama is in some kind of box.

I'm So Pretty, Cosell, You Can't Stop Me!

2009-10-10T09:24:00.000-07:00

Hey Silvio Berlusconi, you're no Muhammad Ali:

ROME (Reuters) – Prime Minister Silvio Berlusconi on Friday dismissed suggestions that he should step down for the good of Italy's image, saying he was the only person qualified to lead the country now and by far the best in Italian history.

Berlusconi, speaking at his first news conference since Italy's top court lifted his immunity from prosecution and opened the way for a resumption of corruption trials against him, also said he was the man most persecuted by judges "in the entire history of the world."

Berlusconi was asked by an American reporter about calls by critics that he step down because his personal and legal problems damage Italy's image in the world.

"The reality is completely the opposite," he said, remaining unusually calm in his response. "In my opinion, and not only mine, I am the best prime minister we can find today."

This is not a recent delusion of grandeur. Berlusconi has repeatedly claimed that he is the finest leader Italy has ever had, and all indications are that he actually believes it.

And if I essentially owned an entire country, and could shield myself from accountability at will - even with his immunity lifted, there are plenty of schemes he can and will use to avoid prosecution, and given his age he can never face jail time - I'd think I was pretty great myself.