How’s your water quality?

The debate over tap water vs. bottled water will probably go on for quite some time. Many people believe that by purchasing bottled water, they are consuming better quality water than that which comes from the tap. Others argue that the environmental impact of bottled water is massive, and that bottled water is no safer than tap water. A report earlier this year from the Government Accounting Office claims that because public water supplies are regulated by the Safe Water Drinking Act and those regulations are enforced by the EPA, they are therefore safer than bottled water, which is regulated by the FDA-- and we all know what a wonderful job the FDA has been doing. But a new investigative report by the New York Times calls this conclusion into question.

In the last five years alone, chemical factories, manufacturing plants and other workplaces have violated water pollution laws more than half a million times. The violations range from failing to report emissions to dumping toxins at concentrations regulators say might contribute to cancer, birth defects and other illnesses. However, the vast majority of those polluters have escaped punishment. State officials have repeatedly ignored obvious illegal dumping, and the Environmental Protection Agency, which can prosecute polluters when states fail to act, has often declined to intervene.

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Garrison Keillor describes his stroke

What's it like to have a stroke, then get really lucky? Garrison Keillor tells it like only Garrison Keillor can tell it:

[A] neurologist shook my hand and said: "I hope you know how lucky you are." That was pretty clear as I walked down the hall, towing my IV tower, and saw the casualties of serious strokes. Here I was sashaying along, like a survivor of Pickett's Last Charge who had suffered a sprained wrist.

What's it like to get world class treatment for your stroke when you have a strong sense of social justice?

Rich or poor, young or old, we all face the injustice of life -- it ends too soon, and statistical probability is no comfort. We are all in the same boat, you and me and ex-Gov. Palin and Rep. Joe Wilson, and wealth and social status do not prevail against disease and injury. And now we must reform our health insurance system so that it reflects our common humanity. It is not decent that people avoid seeking help for want of insurance. It is not decent that people go broke trying to get well. You know it and I know it. Time to fix it.

Continue ReadingGarrison Keillor describes his stroke

Ideology Be Damned!

This is the reason we need healthcare reform in this country. Crystal Lee Sutton has died at age 68 because her insurance company diddled and dawdled over whether or not it would pay for the medicine necessary to save her life. Don't know who Crystal Lee Sutton was? She was the real-life inspiration for Norma Rae, Sally Fields' excellent portrayal of a small-town union organizer who went to bat for workers' rights. This kind of thing should not happen. When profit---or overhead, however you wish to consider the problem---is placed ahead of life, those arguing against reform should hang their heads in shame. They cling to an ideology about free markets and consumer choice as though such things are part of the Ten Commandments (which most of them don't follow either) and always at the expense of lives. Dammit, people, we're talking about a system which should operate for people's benefit, not for its own. A system is simply a method of approach, a way of doing something, and if it can be changed once, it can be changed again if the reforms are found insufficient! It is no argument to reject reforms on the basis that the reforms might cause harm, since the present system is already causing harm. It is a foulness to our present system that many people find that in order to vouchsafe their own health or the health of their loved ones they must fight for the very thing they were told they had purchased in the first place. This is in no way different from lending predators who lied to people in course of borrowing money to buy a home. The average person has neither the time or expertise to understanding every clause and addendum in a complex contract and must rely on what he or she is told. Either you have insurance coverage or you do not. It should not come as a surprise after you are already sick and discover that there are codicils which protect the insurance company from having to pay out what in principle they obligated themselves to do if not by the letter of the policy then by the spirit of agreement with a customer. Yet thousands, millions of consumers daily learn to their dismay that they don't actually have what they thought they had bought. This is not a game. If the private sector is more concerned over profit margins than providing service, then they should lose the privilege of offering said service.

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Scalia’s thought process: “Well, he probably did something else wrong anyway.”

Way back in 1989, I happened to be watching Episode Two of a PBS series entitled "Ethics in America." It was a terrific 10-part series that considered compelling topics in ethics. Supreme Court Justice Antonin Scalia was a participant in Episode Two. You can see all of the episodes, including Episode Two here (click on the little "VoD" button next to Episode 2). You might be wondering how I could possibly remember a particular comment from a particular episode from 20 years ago. I do remember: it was burned into my memory because it was so utterly bizarre. At about the 31-minute mark, the moderator (Charles Ogletree, Jr.) posed a hypothetical. What if you were an attorney and your client told you that he committed a murder a couple years ago? The clear answer is that the attorney-client privilege protects that admission; if you were that man's attorney, you could not tell anyone else what your client told you in the course of your consultation with him. Things got much more interesting, as the moderator elaborated on the hypothetical. Assume that your client tells you that after he committed the murder, the police erroneously arrested the wrong man. Further, assume that man has been found guilty by a jury and he is scheduled to be executed. As the attorney, what can you do to protect the life of an innocent man who is about to be executed for a crime committed by your own client who is confessing his guilt to you? This is a tough issue, right? At the moment where the moderator indicated that the innocent man was about to be executed for a crime he didn't commit, Justice Scalia spoke up: "Well, he probably did something else wrong anyway." You can see and hear this statement for yourself at 31:50 in the video. Although I'm certain that Justice Scalia would claim that his utterance was a "joke," (after all, other participants laughed), it makes you wonder, especially in light of a recent case decided by the United States Supreme Court, In re Davis.

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U.S. Supreme Court to decide whether Corporations have the same First Amendment rights as individuals.

On September 4, 2009, Bill Moyers hosted Trevor Potter, president and general counsel of The Campaign Legal Center (and former chairman of the Federal Election Commission), and Floyd Abrams, a First Amendment attorney. You can view the entire discussion here. The topic is whether longstanding federal election laws should be held unconstitutional so that corporations can freely spend unlimited amounts of money (e.g., in the form of movies, books, and other private initiatives) in order to directly affect the outcome of federal political campaigns. The case is Citizens United v. The Federal Election Commission. Many legal commentators are suggesting the Supreme Court has already suggested that it leaning in favor of the corporations on this issue. And we can almost guarantee how Chief Justice John Roberts is going to vote on this issue (and see here). I highly recommend viewing this discussion. I thought that Abrams looked very much like a man who was being paid big money to take position he knew to be reprehensible. On the other hand, Trevor Potter is taking a position that looks out for people like you and me. I realize that powerful corporate interests have already made puppets out of Congress, the SEC, the FDA and many other federal agencies (see these recent examples regarding tobacco legislation and the rejection of the bankruptcy cram-down option). With this as the context, I believe that Citizens United boils down to a simple question: Should our government be at least somewhat run by ordinary people or should corporate money flow even more freely at election time (much more than it flows already), allowing our federal government to be taken over entirely by powerful corporations driven almost entirely by the profit motive? Here are a few excerpts from Moyers’ discussion with Potter and Abrams:

TREVOR POTTER: This is a case about corporate money. If this case is won by the corporation, we will be in the ironic situation where corporations will have no limits on what they can spend in elections and unions still will. So, it's important to remember we're talking about corporations. Corporations exist solely to make money. Amassing economic power. They want, if they could get it out of government, monopolies. They want the ability to defeat their competitors. And if they can use government to do that, they will. Individuals have a whole range of interests. Individuals go to church, they care about religious and social issues, they care about the future of the country. They're voters.

So, they have a range of issues at stake that corporations don't have. Corporations just want to make money. So, if you let the corporation with a privileged economic legal position loose in the political sphere, when we're deciding who to elect, I think you are giving them an enormous advantage over individuals and not a healthy one for our democracy. . . . [C]orporations have a different status. And they ought to be focused on the economic marketplace and not the political marketplace.

FLOYD ABRAMS: You're opening the faucet, so to speak, so that more speech can occur. I don't think it's a can of worms to say that corporations, and it is unions as well, ought to be able to participate in the give and take of the democratic processes in the country. From my perspective, at least, the notion of saying that corporations and unions should be out of the picture either because they're too powerful, or because of the way their money has been created, is so inconsistent with the sort of First Amendment approach that we take in everything else, where we say over and over again, we don't care who the speaker is, we don't care where the speaker's coming from. And speech, we think, is, as a generality, a good thing . . .

BILL MOYERS: But we're not talking about free press issues here. We're talking about the power of an organized economic interest to spend vast sums of money that individuals can't spend . . . Would you disagree with the claim that big business dominates the political discussion today? Whether it's the drug industry or the health insurance industry? Big business is the dominant force in Washington. I mean, I see that as a journalist . . . we're not talking about free press issues here. We're talking about the power of an organized economic interest to spend vast sums of money that individuals can't spend.

It is important to deny powerful profit-seeking organizations the right to skew federal election results even more than they do currently. If the Supreme Court goes the wrong way on this issue, it would even make a mockery out of clean-money initiatives, such as this plan being promoted by Common Cause and this plan by Public Citizen.

Continue ReadingU.S. Supreme Court to decide whether Corporations have the same First Amendment rights as individuals.