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If you were out chopping wood to heat your house, after the weather we have had, you might have missed the tie-in of the Sandra Fluke story leading up to today’s vote to table the Blunt Bomb otherwise known as S.1467 – Respect for Rights of Conscience Act of 2011². Last night, while trying to fall asleep, I came upon Nancy Pelosi’s pronouncement condemning Rush Limbaugh’s demented misogyny directed toward Ms. Fluke. I sure hope college student Fluke sues the gizzard out of Limbaugh and Clear Channel Vision and all those 600 stations and Bain Capital and Thomas H. Lee Partners.

Keep in mind though, Limbaugh is just the potty-mouth lap dog for those other paternalists who wouldn’t even let her speak at their hearing. I loved that the Pelosi site linked to this Think Progress page posted by Alex Seitz-Wald:

…[ While it¹s probably not even worth engaging with Limbaugh on the facts, Fluke¹s testimony was about a friend who is a lesbian and needed birth control for non-sexual medical reasons, so he¹s only wrong about three times over, and offensive many more times over than that….]

Clear Channel is to be blamed for this tripe. This kind of free speech does not deserve a 400 million dollar reward. That’s 50 million a year, and since his 8 year contract runs till 2016 we are going to be subjected to it for a while, unless we do something. COMPLAIN!!! BOYCOTT THE SERVICE!!

Clear Channel is owned by two groups. The first is Bain Capital which over the years has leveraged buy-outs on a lot of big name companies.

Founders for Bain Capital include:

Mitt Romney

T. Coleman Andrews III

Eric Kriss

Clear Channel’s other group is Thomas H. Lee Partners,(THL) which among other numerous assets, recently bought Warner Music Group. They also leverage big buy-outs.

The top three people for THL are:

Vice Chairman and Managing Director David Harkins
http://www.corporationwiki.com/Massachusetts/Boston/david-v-harkins/30357908 .aspx

Vice Chairman Scott Schoen

Co-President Scott Sperling
http://www.corporationwiki.com/Massachusetts/Boston/scott-sperling-P7833817. aspx

Sex is for two. Contraception is for humans. If there weren’t any men, women wouldn’t need it.

By the way, I hope you noticed who was at the top of the Bain list. No wonder he wasn’t sure how to answer.

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Update:

120301 – Politico is reporting that the Senate has defeated the Blunt bill SS.1467 by a vote of 51 to 48. Yay! 

http://www.politico.com/news/stories/0312/73497.html

In can what can only be seen as a slap in the face to women’s rights, attached to Barbara Boxer’s (Of all women!) huge transportation bill entitled “MAP-21 or, Moving Ahead for Progress in the 21st Century”, is the Blunt Bomb. Senator Roy Blunt’s bill entitled “S.1467 – Respect for Rights of Conscience Act of 2011” is being debated today in the Senate. It is one of many likely to be attempted over the next few years to undermine the line items achieved for women in the Affordable Healthcare Act. (Obamacare.) Remember, since women do not have the benefit of equal rights under the eye of the law, each line item can be targeted.

The Bomb is a stupid amendment to the Act, (See bottom of the page.) even for the perennially uterus obsessed. Though it calls out the “distinct” elements of the Act for women it does not specifically address them. In fact, the thing is so vague it appears under this proposed bill insurance companies could have a crisis of conscience over just about anything and decide their employees be able to say no to covering, I don’t know, maybe child abuse injuries. Some of the “solons” who are on the lists below ought to know better.

If you see one of yours on the lists below, call them up and yell at them:

Below find a list of the Senate co-sponsors:

Sen McConnell, Mitch [KY] – 2/9/2012 
Sen Johanns, Mike [NE] – 2/9/2012 
Sen Wicker, Roger F. [MS] – 2/9/2012 
Sen Hatch, Orrin G. [UT] – 2/9/2012 
Sen Ayotte, Kelly [NH] – 2/9/2012 
Sen Rubio, Marco [FL] – 2/9/2012 
Sen Nelson, E. Benjamin [NE] – 2/9/2012 
Sen Roberts, Pat [KS] – 2/9/2012 
Sen McCain, John [AZ] – 2/9/2012 
Sen Kyl, Jon [AZ] – 2/9/2012 
Sen Coats, Daniel [IN] – 2/9/2012 
Sen Barrasso, John [WY] – 2/9/2012 
Sen Toomey, Pat [PA] – 2/9/2012 
Sen Lugar, Richard G. [IN] – 2/9/2012 
Sen Cornyn, John [TX] – 2/9/2012 Sen Boozman, John [AR] – 2/9/2012 
Sen Paul, Rand [KY] – 2/9/2012 
Sen Hoeven, John [ND] – 2/9/2012 
Sen Graham, Lindsey [SC] – 2/9/2012 
Sen Shelby, Richard C. [AL] – 2/13/2012 
Sen Portman, Rob [OH] – 2/15/2012 
Sen Isakson, Johnny [GA] – 2/16/2012 
Sen Risch, James E. [ID] – 2/17/2012

The Senate bill is short and similar to the House Bill “H.R 1179” of the same name, introduced by Representative Jeff Fortenberry. The House currently has a total of 242 Republicans. I’ll leave it up to you to determine whether any of the with 214 cosponsors on the list below are not in the red zone:

Rep Adams, Sandy [FL-24] – 1/31/2012 
Rep Aderholt, Robert B. [AL-4] – 2/1/2012 
Rep Akin, W. Todd [MO-2] – 9/20/2011 
Rep Alexander, Rodney [LA-5] – 2/14/2012 
Rep Altmire, Jason [PA-4] – 10/24/2011 
Rep Amash, Justin [MI-3] – 2/16/2012 
Rep Austria, Steve [OH-7] – 2/1/2012 
Rep Bachmann, Michele [MN-6] – 11/3/2011 
Rep Bachus, Spencer [AL-6] – 2/7/2012 
Rep Barletta, Lou [PA-11] – 12/6/2011 
Rep Bartlett, Roscoe G. [MD-6] – 11/1/2011 
Rep Barton, Joe [TX-6] – 2/7/2012 
Rep Benishek, Dan [MI-1] – 1/23/2012 
Rep Berg, Rick [ND] – 1/31/2012 
Rep Bilirakis, Gus M. [FL-9] – 2/9/2012 
Rep Bishop, Rob [UT-1] – 8/1/2011 
Rep Black, Diane [TN-6] – 2/7/2012 
Rep Blackburn, Marsha [TN-7] – 8/5/2011 
Rep Bonner, Jo [AL-1] – 1/31/2012 
Rep Bordallo, Madeleine Z. [GU] – 10/4/2011 
Rep Boren, Dan [OK-2] – 3/17/2011 
Rep Boustany, Charles W., Jr. [LA-7] – 2/6/2012 
Rep Brady, Kevin [TX-8] – 2/6/2012 
Rep Brooks, Mo [AL-5] – 2/8/2012 
Rep Broun, Paul C. [GA-10] – 11/3/2011 
Rep Buchanan, Vern [FL-13] – 2/2/2012 
Rep Bucshon, Larry [IN-8] – 2/14/2012 
Rep Buerkle, Ann Marie [NY-25] – 4/14/2011 
Rep Burton, Dan [IN-5] – 8/9/2011 
Rep Calvert, Ken [CA-44] – 9/12/2011 
Rep Campbell, John [CA-48] – 2/9/2012 
Rep Canseco, Francisco “Quico” [TX-23] – 5/24/2011 
Rep Capito, Shelley Moore [WV-2] – 2/16/2012 
Rep Carter, John R. [TX-31] – 2/14/2012 
Rep Cassidy, Bill [LA-6] – 10/4/2011 
Rep Chabot, Steve [OH-1] – 8/5/2011 
Rep Chaffetz, Jason [UT-3] – 2/28/2012 
Rep Coble, Howard [NC-6] – 2/14/2012 
Rep Coffman, Mike [CO-6] – 11/3/2011 
Rep Cole, Tom [OK-4] – 2/6/2012 
Rep Conaway, K. Michael [TX-11] – 3/17/2011 
Rep Costello, Jerry F. [IL-12] – 8/1/2011 
Rep Cravaack, Chip [MN-8] – 11/1/2011 
Rep Crawford, Eric A. “Rick” [AR-1] – 10/4/2011 
Rep Crenshaw, Ander [FL-4] – 1/31/2012 
Rep Critz, Mark S. [PA-12] – 1/25/2012 
Rep Cuellar, Henry [TX-28] – 2/15/2012 
Rep Culberson, John Abney [TX-7] – 2/9/2012 
Rep Davis, Geoff [KY-4] – 8/23/2011 
Rep Diaz-Balart, Mario [FL-21] – 2/9/2012 
Rep Duffy, Sean P. [WI-7] – 10/4/2011 
Rep Duncan, Jeff [SC-3] – 2/14/2012 
Rep Duncan, John J., Jr. [TN-2] – 2/14/2012 
Rep Ellmers, Renee L. [NC-2] – 2/9/2012 
Rep Emerson, Jo Ann [MO-8] – 2/14/2012 
Rep Farenthold, Blake [TX-27] – 11/15/2011 
Rep Fincher, Stephen Lee [TN-8] – 2/6/2012 
Rep Fitzpatrick, Michael G. [PA-8] – 8/5/2011 
Rep Flake, Jeff [AZ-6] – 2/13/2012 
Rep Fleischmann, Charles J. “Chuck” [TN-3] – 2/17/2012 
Rep Fleming, John [LA-4] – 9/12/2011 
Rep Flores, Bill [TX-17] – 2/8/2012 
Rep Forbes, J. Randy [VA-4] – 4/7/2011 
Rep Foxx, Virginia [NC-5] – 1/23/2012 
Rep Franks, Trent [AZ-2] – 6/14/2011 
Rep Gallegly, Elton [CA-24] – 2/28/2012 
Rep Gardner, Cory [CO-4] – 2/15/2012 
Rep Gerlach, Jim [PA-6] – 2/17/2012 
Rep Gibbs, Bob [OH-18] – 2/8/2012 
Rep Gingrey, Phil [GA-11] – 2/6/2012 
Rep Gohmert, Louie [TX-1] – 2/8/2012 
Rep Goodlatte, Bob [VA-6] – 8/16/2011 
Rep Gosar, Paul A. [AZ-1] – 2/3/2012 
Rep Gowdy, Trey [SC-4] – 10/24/2011 
Rep Graves, Sam [MO-6] – 9/7/2011 
Rep Graves, Tom [GA-9] – 2/16/2012 
Rep Griffin, Tim [AR-2] – 11/18/2011 
Rep Griffith, H. Morgan [VA-9] – 5/4/2011 
Rep Grimm, Michael G. [NY-13] – 2/16/2012 
Rep Guinta, Frank C. [NH-1] – 2/8/2012 
Rep Guthrie, Brett [KY-2] – 1/31/2012 
Rep Hall, Ralph M. [TX-4] – 9/7/2011 
Rep Harper, Gregg [MS-3] – 8/5/2011 
Rep Harris, Andy [MD-1] – 7/27/2011 
Rep Hartzler, Vicky [MO-4] – 7/27/2011 
Rep Heck, Joseph J. [NV-3] – 10/4/2011 
Rep Hensarling, Jeb [TX-5] – 2/28/2012 
Rep Herger, Wally [CA-2] – 2/9/2012 
Rep Huelskamp, Tim [KS-1] – 4/14/2011 
Rep Huizenga, Bill [MI-2] – 9/7/2011 
Rep Hultgren, Randy [IL-14] – 8/16/2011 
Rep Hunter, Duncan D. [CA-52] – 2/3/2012 
Rep Jenkins, Lynn [KS-2] – 2/2/2012 
Rep Johnson, Bill [OH-6] – 9/20/2011 
Rep Johnson, Sam [TX-3] – 2/1/2012 
Rep Johnson, Timothy V. [IL-15] – 2/8/2012 
Rep Jones, Walter B., Jr. [NC-3] – 8/1/2011 
Rep Jordan, Jim [OH-4] – 2/2/2012 
Rep Kelly, Mike [PA-3] – 10/25/2011 
Rep King, Peter T. [NY-3] – 10/13/2011 
Rep King, Steve [IA-5] – 4/1/2011 
Rep Kingston, Jack [GA-1] – 4/1/2011 
Rep Kinzinger, Adam [IL-11] – 10/12/2011 
Rep Kline, John [MN-2] – 9/22/2011 
Rep Labrador, Raul R. [ID-1] – 2/8/2012 
Rep Lamborn, Doug [CO-5] – 3/17/2011 
Rep Lance, Leonard [NJ-7] – 2/8/2012 
Rep Landry, Jeffrey M. [LA-3] – 10/4/2011 
Rep Lankford, James [OK-5] – 4/14/2011 
Rep Latham, Tom [IA-4] – 10/13/2011 
Rep LaTourette, Steven C. [OH-14] – 2/16/2012 
Rep Latta, Robert E. [OH-5] – 9/12/2011 
Rep Lewis, Jerry [CA-41] – 8/1/2011 
Rep Lipinski, Daniel [IL-3] – 3/17/2011 
Rep LoBiondo, Frank A. [NJ-2] – 2/28/2012 
Rep Long, Billy [MO-7] – 9/12/2011 
Rep Lucas, Frank D. [OK-3] – 2/17/2012 
Rep Luetkemeyer, Blaine [MO-9] – 9/12/2011 
Rep Lummis, Cynthia M. [WY] – 10/12/2011 
Rep Lungren, Daniel E. [CA-3] – 2/1/2012 
Rep Manzullo, Donald A. [IL-16] – 9/20/2011 
Rep Marchant, Kenny [TX-24] – 9/12/2011 
Rep Marino, Tom [PA-10] – 2/2/2012 
Rep McCarthy, Kevin [CA-22] – 2/17/2012 
Rep McCaul, Michael T. [TX-10] – 6/23/2011 
Rep McClintock, Tom [CA-4] – 7/22/2011 
Rep McCotter, Thaddeus G. [MI-11] – 5/4/2011 
Rep McHenry, Patrick T. [NC-10] – 2/6/2012 
Rep McIntyre, Mike [NC-7] – 10/13/2011 
Rep McKeon, Howard P. “Buck” [CA-25] – 11/1/2011 
Rep McKinley, David B. [WV-1] – 2/15/2012 
Rep McMorris Rodgers, Cathy [WA-5] – 3/17/2011 
Rep Meehan, Patrick [PA-7] – 2/6/2012 
Rep Mica, John L. [FL-7] – 2/6/2012 
Rep Miller, Candice S. [MI-10] – 2/6/2012 
Rep Miller, Gary G. [CA-42] – 10/6/2011 
Rep Miller, Jeff [FL-1] – 4/1/2011 
Rep Mulvaney, Mick [SC-5] – 2/7/2012 
Rep Murphy, Tim [PA-18] – 8/23/2011 
Rep Myrick, Sue Wilkins [NC-9] – 8/23/2011 
Rep Neugebauer, Randy [TX-19] – 4/7/2011 
Rep Noem, Kristi L. [SD] – 2/7/2012 
Rep Nugent, Richard [FL-5] – 2/8/2012 
Rep Nunnelee, Alan [MS-1] – 9/13/2011 
Rep Olson, Pete [TX-22] – 1/23/2012 
Rep Palazzo, Steven M. [MS-4] – 8/9/2011 
Rep Paul, Ron [TX-14] – 5/24/2011 
Rep Pearce, Stevan [NM-2] – 4/1/2011 
Rep Pence, Mike [IN-6] – 9/12/2011 
Rep Peterson, Collin C. [MN-7] – 2/14/2012 
Rep Petri, Thomas E. [WI-6] – 2/17/2012 
Rep Platts, Todd Russell [PA-19] – 8/5/2011 
Rep Poe, Ted [TX-2] – 2/13/2012 
Rep Pompeo, Mike [KS-4] – 9/12/2011 
Rep Posey, Bill [FL-15] – 2/6/2012 
Rep Price, Tom [GA-6] – 2/7/2012 
Rep Quayle, Benjamin [AZ-3] – 2/17/2012 
Rep Reed, Tom [NY-29] – 2/7/2012 
Rep Rehberg, Denny [MT] – 2/7/2012 
Rep Renacci, James B. [OH-16] – 2/8/2012 
Rep Ribble, Reid J. [WI-8] – 1/31/2012 
Rep Rigell, E. Scott [VA-2] – 11/3/2011 
Rep Rivera, David [FL-25] – 2/8/2012 
Rep Roby, Martha [AL-2] – 2/8/2012 
Rep Roe, David P. [TN-1] – 2/8/2012 
Rep Rogers, Harold [KY-5] – 2/16/2012 
Rep Rogers, Mike D. [AL-3] – 2/6/2012 
Rep Rogers, Mike J. [MI-8] – 9/12/2011 
Rep Rohrabacher, Dana [CA-46] – 2/17/2012 
Rep Rokita, Todd [IN-4] – 2/8/2012 
Rep Rooney, Thomas J. [FL-16] – 4/1/2011 
Rep Ros-Lehtinen, Ileana [FL-18] – 2/16/2012 
Rep Roskam, Peter J. [IL-6] – 9/12/2011 
Rep Ross, Dennis [FL-12] – 9/12/2011 
Rep Royce, Edward R. [CA-40] – 2/6/2012 
Rep Runyan, Jon [NJ-3] – 2/28/2012 
Rep Ryan, Paul [WI-1] – 2/14/2012 
Rep Scalise, Steve [LA-1] – 3/17/2011 
Rep Schilling, Robert T. [IL-17] – 8/9/2011 
Rep Schmidt, Jean [OH-2] – 7/28/2011 
Rep Schock, Aaron [IL-18] – 9/12/2011 
Rep Schweikert, David [AZ-5] – 2/3/2012 
Rep Scott, Austin [GA-8] – 2/16/2012 
Rep Scott, Tim [SC-1] – 9/20/2011 
Rep Sensenbrenner, F. James, Jr. [WI-5] – 7/22/2011 
Rep Sessions, Pete [TX-32] – 2/13/2012 
Rep Shimkus, John [IL-19] – 2/17/2012 
Rep Shuster, Bill [PA-9] – 2/8/2012 
Rep Smith, Adrian [NE-3] – 7/28/2011 
Rep Smith, Christopher H. [NJ-4] – 6/14/2011 
Rep Smith, Lamar [TX-21] – 2/1/2012 
Rep Southerland, Steve [FL-2] – 2/8/2012 
Rep Stearns, Cliff [FL-6] – 2/16/2012 
Rep Stivers, Steve [OH-15] – 2/9/2012 
Rep Stutzman, Marlin A. [IN-3] – 2/1/2012 
Rep Sullivan, John [OK-1] – 2/15/2012 
Rep Terry, Lee [NE-2] – 7/22/2011 
Rep Thompson, Glenn [PA-5] – 2/6/2012 
Rep Thornberry, Mac [TX-13] – 10/6/2011 
Rep Tiberi, Patrick J. [OH-12] – 3/17/2011 
Rep Turner, Michael R. [OH-3] – 1/23/2012 
Rep Turner, Robert L. [NY-9] – 2/6/2012 
Rep Upton, Fred [MI-6] – 2/14/2012 
Rep Walberg, Tim [MI-7] – 3/17/2011 
Rep Walsh, Joe [IL-8] – 9/23/2011 
Rep West, Allen B. [FL-22] – 2/16/2012 
Rep Westmoreland, Lynn A. [GA-3] – 2/7/2012 
Rep Whitfield, Ed [KY-1] – 2/6/2012 
Rep Wilson, Joe [SC-2] – 2/9/2012 
Rep Wittman, Robert J. [VA-1] – 2/15/2012 
Rep Wolf, Frank R. [VA-10] – 2/2/2012 
Rep Womack, Steve [AR-3] – 2/13/2012 
Rep Yoder, Kevin [KS-3] – 2/7/2012 
Rep Young, Todd C. [IN-9] – 2/7/2012

Here is the bill:

S.1467 — Respect for Rights of Conscience Act of 2011 (Introduced in Senate – IS)

S 1467 IS

112th CONGRESS

1st Session

S. 1467

To amend the Patient Protection and Affordable Care Act to protect rights of conscience with regard to requirements for coverage of specific items and services.

IN THE SENATE OF THE UNITED STATES

August 2, 2011

Mr. BLUNT (for himself, Mr. RUBIO, and Ms. AYOTTE) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions

A BILL

To amend the Patient Protection and Affordable Care Act to protect rights of conscience with regard to requirements for coverage of specific items and services.

1.           Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Respect for Rights of Conscience Act of 2011′.

SEC. 2. FINDINGS AND PURPOSES.

(a) Findings- Congress finds the following:

(1) As Thomas Jefferson declared to New London Methodists in 1809, `[n]o provision in our Constitution ought to be dearer to man than that which protects the rights of conscience against the enterprises of the civil authority’.

(2) Jefferson’s statement expresses a conviction on respect for conscience that is deeply embedded in the history and traditions of our Nation and codified in numerous State and Federal laws, including laws on health care.

(3) Until enactment of the Patient Protection and Affordable Care Act (Public Law 111-148, in this section referred to as `PPACA’), the Federal Government has not sought to impose specific coverage or care requirements that infringe on the rights of conscience of insurers, purchasers of insurance, plan sponsors, beneficiaries, and other stakeholders, such as individual or institutional health care providers.

(4) PPACA creates a new nationwide requirement for health plans to cover `essential health benefits’ and `preventive services’ (including a distinct set of `preventive services for women’), delegating to the Department of Health and Human Services the authority to provide a list of detailed services under each category, and imposes other new requirements with respect to the provision of health care services.

(5) While PPACA provides an exemption for some religious groups that object to participation in Government health programs generally, it does not allow purchasers, plan sponsors, and other stakeholders with religious or moral objections to specific items or services to decline providing or obtaining coverage of such items or services, or allow health care providers with such objections to decline to provide them.

(6) By creating new barriers to health insurance and causing the loss of existing insurance arrangements, these inflexible mandates in PPACA jeopardize the ability of individuals to exercise their rights of conscience and their ability to freely participate in the health insurance and health care marketplace.

(b) Purposes- The purposes of this Act are–

(1) to ensure that health care stakeholders retain the right to provide, purchase, or enroll in health coverage that is consistent with their religious beliefs and moral convictions, without fear of being penalized or discriminated against under PPACA; and

(2) to ensure that no requirement in PPACA creates new pressures to exclude those exercising such conscientious objection from health plans or other programs under PPACA.

SEC. 3. RESPECT FOR RIGHTS OF CONSCIENCE.

(a) In General- Section 1302(b) of the Patient Protection and Affordable Care Act (Public Law 111-148; 42 U.S.C. 18022(b)) is amended by adding at the end the following new paragraph:

`(6) RESPECTING RIGHTS OF CONSCIENCE WITH REGARD TO SPECIFIC ITEMS OR SERVICES-

`(A) FOR HEALTH PLANS- A health plan shall not be considered to have failed to provide the essential health benefits package described in subsection (a) (or preventive health services described in section 2713 of the Public Health Service Act), to fail to be a qualified health plan, or to fail to fulfill any other requirement under this title on the basis that it declines to provide coverage of specific items or services because–

`(i) providing coverage (or, in the case of a sponsor of a group health plan, paying for coverage) of such specific items or services is contrary to the religious beliefs or moral convictions of the sponsor, issuer, or other entity offering the plan; or

`(ii) such coverage (in the case of individual coverage) is contrary to the religious beliefs or moral convictions of the purchaser or beneficiary of the coverage.

`(B) FOR HEALTH CARE PROVIDERS- Nothing in this title (or any amendment made by this title) shall be construed to require an individual or institutional health care provider, or authorize a health plan to require a provider, to provide, participate in, or refer for a specific item or service contrary to the provider’s religious beliefs or moral convictions. Notwithstanding any other provision of this title, a health plan shall not be considered to have failed to provide timely or other access to items or services under this title (or any amendment made by this title) or to fulfill any other requirement under this title because it has respected the rights of conscience of such a provider pursuant to this paragraph.

`(C) NONDISCRIMINATION IN EXERCISING RIGHTS OF CONSCIENCE- No Exchange or other official or entity acting in a governmental capacity in the course of implementing this title (or any amendment made by this title) shall discriminate against a health plan, plan sponsor, health care provider, or other person because of such plan’s, sponsor’s, provider’s, or person’s unwillingness to provide coverage of, participate in, or refer for, specific items or services pursuant to this paragraph.

`(D) CONSTRUCTION- Nothing in subparagraph (A) or (B) shall be construed to permit a health plan or provider to discriminate in a manner inconsistent with subparagraphs (B) and (D) of paragraph (4).

`(E) PRIVATE RIGHTS OF ACTION- The various protections of conscience in this paragraph constitute the protection of individual rights and create a private cause of action for those persons or entities protected. Any person or entity may assert a violation of this paragraph as a claim or defense in a judicial proceeding.

`(F) REMEDIES-

`(i) FEDERAL JURISDICTION- The Federal courts shall have jurisdiction to prevent and redress actual or threatened violations of this paragraph by granting all forms of legal or equitable relief, including, but not limited to, injunctive relief, declaratory relief, damages, costs, and attorney fees.

`(ii) INITIATING PARTY- An action under this paragraph may be instituted by the Attorney General of the United States, or by any person or entity having standing to complain of a threatened or actual violation of this paragraph, including, but not limited to, any actual or prospective plan sponsor, issuer, or other entity offering a plan, any actual or prospective purchaser or beneficiary of a plan, and any individual or institutional health care provider.

`(iii) INTERIM RELIEF- Pending final determination of any action under this paragraph, the court may at any time enter such restraining order or prohibitions, or take such other actions, as it deems necessary.

`(G) ADMINISTRATION- The Office for Civil Rights of the Department of Health and Human Services is designated to receive complaints of discrimination based on this paragraph and coordinate the investigation of such complaints.

`(H) ACTUARIAL EQUIVALENCE- Nothing in this paragraph shall prohibit the Secretary from issuing regulations or other guidance to ensure that health plans excluding specific items or services under this paragraph shall have an aggregate actuarial value at least equivalent to that of plans at the same level of coverage that do not exclude such items or services.’.

(b) Effective Date- The amendment made by subsection (a) shall be effective as if included in the enactment of Public Law 111-148.

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Been Down So Long 

Well, I’ve been down so Goddamn long
That it looks like up to me
Well, I’ve been down so very damn long
That it looks like up to me
Yeah, why don’t one you people
C’mon and set me free

I said, warden, warden, warden
Won’t you break your lock and key
I said, warden, warden, warden
Won’t ya break your lock and key
Yeah, come along here, mister
C’mon and let the poor boy be
Baby, baby, baby
Won’t you get down on your knees
Baby, baby, baby
Won’t you get down on your knees
C’mon little darlin’
C’mon and give your love to me, oh yeah

Well, I’ve been down so Goddamn long
That it looks like up to me
Well, I’ve been down so very damn long
That it looks like up to me
Yeah, why don’t one you people
C’mon, c’mon, c’mon and set me free

The Doors

http://www.elyrics.net/read/d/doors-lyrics/been-down-so-long-lyrics.html

In 1982, when the Komen Foundation began, lack of sufficient gender specific research towards diseases, was a founding basis. Research, even in gender common illnesses tended to be conducted, and conclusions reached on male subjects. While the Komen Foundation certainly was successful in popularizing the cause of breast cancer research and elimination, I found myself annoyed on several fronts.

Suddenly everyone I knew was concerned about my breasts and was reminding me about them. It was true that my mother had her own adventure with the breast carvers. Her experience theoretically put me in a possible higher risk group. I could understand and even appreciate the health tracts she sent me. At the same time, however, no one was reminding me about the possibilities of an imminent stroke, heart attack, uterine/colon cancer, or celiac disease, industrial toxin based cancer, all of which also have occurred in my families. No one approached me clucking, with that glazed look of concern I received for my breasts, that I should have a heart murmur checked yearly, get tested for bodily damage from my construction job, or have my head examined to see if there was any organic change over my lifelong headaches.

Aside from the personal medical intrusions, I knew that heart disease was, in 1982, and still is, the leading cause of death in women. The symptoms are often different in women. Awareness has grown, yet the publicity level that the Komen Foundation for garnered for breasts has never been achieved for women’s heart disease. Additionally, according the CDC, after the cancer category of all types for women in general, stroke is the third leading cause of death.

We need to eliminate cancer. Breast cancer sometimes spreads, just like other cancer forms. We need to stop that.  Let’s face it, though, we don’t need our breasts to survive, or even bear children, like we do our heart and brain.  We don’t need them the way that we need our unscarred uteruses, kept safe from coat hanger abortions. We don’t need them the way we need free choice and medical help free of unnecessary probings, dictated by the latest paternalist clothed in a religious hair shirt.

Boobs are still the purview of the leering public, and command it’s attention and devotion. Talk about boobs and even the most severely afflicted ADDr will be able to listen long enough to hear the back-story. Mention boobs and the wave of concern over attendant issues will rise more quickly and crest higher. Boobs still belong to the paternalists, sex purveyors and sellers. They remain the bugaboo of disfigurement that we will be less valuable as sex objects in our unfair world. When public boob fomentations are greater than that for the total health of the person holding them up, something is amiss.

As we have learned, all was not what it seemed in the Komen Foundation either. Hiding behind the pink ribbon was the political malignancy of a right wing liar and her helpers. The cancerous breast as the banner of women’s medical need both advanced and divided the cause of women’s equality because it fostered this political infiltration. Grant funds from Komen to Planned Parenthood were intended to provide screening for breast cancer to poor and uninsured women-no more. Yet Komen was willing to deprive these women of this service in order to push the right wing agenda against Planned Parenthood.

What was all this Komen mess about really? In a sense, as opposed to Planned Parenthood, Komen has outlived its use, by continuing to focus on one body part. It caters to the wrong public aspect of who we are as women. Somewhere in it’s evolution the Komen breast became the Komen boob. People who brought our attention to the problem are to be commended. It probably helped that we were talking about boobs.

Beyond the recent issue however, Komen stands as one symbol of the cost of pragmatism and compromise. While progressives and conservatives alike have dragged these words out like shiny new toys, women have suffered their consequences for centuries. Having failed yet to pass the ERA, women have been consigned to grasp and glean tiny bits of freedom and equality. This also necessitates vigilance over a vast patchwork of threaded laws and rulings and makes the work of equality more difficult.

The Affordable Care Act (ObamaCare) has made an effort to include women; mostly with line items for pregnancy and breast care. I searched the Act in pdf form again recently, and found 142 instances of “women”, 42 for “breast” and 78 for “pregnant or pregnancy”. In contrast, “men” were mentioned twice, and “prostate or erectile” not at all. One of the two lines where men are mentioned is there to assure that medical data will be compiled for both sexes.

I’ve said this elsewhere before; while to have some of women’s specific concerns mentioned in the Affordable Care Act, appears to be an advance, each line item is now a target for removal based on the whims of Congress. Men, on the other hand, being legally the more equal of the two sexes, will continue to have their prostate cancer and erectile dysfunction treated quietly by their doctor, away from the Congressional reductionists.

To my mind the most important line items are the 351 locations, in the Act, of the word “research”. Each one of those items is an opportunity for the future and at the same time, a target. Women will need to defend these as well.

The Komen fiasco has opened  plenty of room for outrage. It’s easy to add it to the list.  There are so many things wrong:

Tom In Paine raised the question as to whether Democrats and Progressives have learned this political lesson of outrage and action and will move forward to defend other fronts.

The ACLU webpage maintains a list of active campaigns, in which they are involved. I counted over ninety at the bottom of the page.  Some are for women.

Ian Welsh’s recent post on justified pessimism is great.

However, my breasts and I, think, that, as has happened too many times before, the Komen fiasco is being subsumed by well meaning but outside progressive interests. It is easy to get pulled away from the core concern. What appears to be a right-left issue is about those who would reduce our rights and those who are telling they should decide when we should be equal, because there are more important things to do. It’s just two faces of paternalism.

Women are not a special interest group. This incident was about 51% of the population, women, and the people who support them. This was a case of women attacking more vulnerable women, pure and simple. The attackers did it to gain favor with the warden. Confinement will do that.

Congress is the warden and the ERA is the key. Until the 1972 ERA passes women won’t see “up”. The sad part is that at least 50% of us weren’t even around yet to see the promise of “up”, or think we are in “up” and don’t know what the hell I am talking about.

This is a teachable moment.

Other links:

http://www.reclusiveleftist.com/2012/02/01/why-did-komen-hire-an-anti-choice-wingnut-as-its-vice-president/

http://www.theatlantic.com/health/archive/2012/02/top-susan-g-komen-official-resigned-over-planned-parenthood-cave-in/252405/

http://womenwintoo.blogspot.com/2012/02/planned-parenthood-mess.html

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Update: And so, 12/13/10, he is gone. As reported in the NYT HERE:

[But his boss and old friend, Mrs. Clinton, expressed absolute confidence in him. “Richard represents the kind of robust, persistent, determined diplomacy the president intends to pursue,” she said. “I admire deeply his ability to shoulder the most vexing and difficult challenges.”]

Even as the State Department rushes to fill the void, the knowledge is that the face and force of American diplomacy in the Middle East will be different. It appears that for the interim, Ambassador Karl Eikenberry will be the “essentially alone in conducting US Diplomacy with Karzai’s Government”. RIP Ambassador Holbrooke, your job is done.

While I don’t know if this is what happened yesterday, I think President Obama’s sudden departure from his own conference on H.R. 4853, the “Middle Class Relief Act of 2010″, leaving ex-President Clinton to run a dog and pony show, had more to do with Richard, than it did Michelle.

Richard Holbrooke, Obama’s personally appointed Special Envoy for Afghanistan and Pakistan is in critical condition, after undergoing surgery to repair a tear in his aorta Saturday morning.

As you may know, according to Bloomberg;

[Holbrooke has been preparing a report for President Barack Obama on the current state of governance and development in Afghanistan. The U.S. and allies have a combined force of about 150,000 troops to turn back Taliban advances and train Afghan soldiers and police.]

SOS Clinton was reported scurrying back and forth from the hospital, and you have to imagine that concern for Holbrooke’s state over reports of a heart attack, stroke and/or possible blot clot was great. A repaired torn aorta sounds almost benign compared to the possibilities that something like a stroke could inflict. Even so, if things go well for him, he will be out of commission for a while. That means someone else has to pick up the ball and keep it rolling. Considering our situation in Afghanistan, Pakistan and Iraq, I’m sure the WH was in a tizzy, especially with the other news that Secretary of the Treasury Tim Geithner was in surgery for kidney stones. Having watched my husband experience the pain of those things, I know they can turn you into a profound pile of mush in a hurry.

Our thoughts are with Ambassador Holbrook and his family. We hope for a speedy and complete recovery. Same goes for SoT Geithner, and his family.

As to his perfunctory duties with the First Lady, imagine Diplomats and DC partygoers of all sorts would have been awaiting his entrance. We all know those things are necessary in Washington DC. Is he such a flutterby that his date with Michelle is the real reason he had bad timing, and left his conference? That would make him just vapid- something I find hard to believe.

 

President Barack Obama and First Lady Michelle Obama descend the Grand Staircase as they make their way to a holiday reception on the State Floor of the White House, Dec. 10, 2010. (Official White House Photo by Pete Souza)

Do read the link of the transcript Lynne Sweet provided on the conference. I’m with Riverdaughter on this one, Clinton displayed heroic aerial acrobatics, but Bernie Sanders is the hero of the day.

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Update – If you want to study the 1986 tax code a little more throughly than that provided in the named link below, try Cornell’s LII / Legal Information Institute’s look at the 1986 tax code HERE, or the IRS page HERE.

Seriously, if the Democrats want any hope of passing Democratic measures and want the public to clearly understand who is representing what, NOW NOW NOW is the time to introduce single item measures. Such action reduces the possibility of hidden pork barrel type additions, and allows adequate time for reflection on the measures both from Congress and from the public. It simplifies all kinds of things, like paper use, reenactment and modifications.  Clear, up and down votes on single measures is THE WAY TO REENGAGE PUBLIC SYMPATHY by showing clearly how the battle is being fought and who is on what side.

Consider the example of our current legislation entitled H.R. 4853 or the “Middle Class Relief Act of 2010” a prime example of negotiation gone wrong.

H.R 4853 is currently an 18-page pdf document. It’s fairly straightforward, however, someone who was familiar with the Internal Revenue Code of 1986, tax code prior to the BushCo era interventions should read it and give us advice. While it substitutes 25% for 28% and 28% for 31% in two tax brackets, for example, it doesn’t’ specify what the brackets are. So, it appears these could be movable. Take a look on the last page of the 2009 Tax Tables HERE ,to see where this might apply.

It discusses rates on capital gains and dividends, but makes no comment on funds derived from 401Ks, or IRAs and pensions. Since this is where most regular folk have actually invested, I think again a review of the 1986 tax code by someone familiar with it, would be helpful.

Update – it appears that funds derived from capital gains and dividends, withdrawn from 401K’s etc, would  continue to be taxed at the taxpayer’s current or retirement rate, rather than some lesser tax as is proposed and has been done for non sheltered capital gains and dividends.  The problem with this set up, as I see it is, pension fund holders cannot as easily opt out and speculative earnings are driven by others outside that can dip in and out. The pension fund canard that suggests the retiree comes out ahead because they withdraw at a lower tax rate simply doesn’t hold for most people. Folks can easily wind up with say a 21-25% percent taxable rate on their withdrawals, while those who just bought and sold stocks pay a 15% or proposed 20% rate.

Its’ truly distressing that in a year when Social Security has to go begging, and the housing market has tanked, the small business proportion of the bill allows for an increase of the phase-out expensing of depreciable assets from $200,000 to $500,000, cost of living adjustments, and rounding of limitations by the $1000s, and $10,000’s.

A little lollipop for the Republicans is at the end of it, wherein it states that the ALT extension is effective in 2010, or anytime after December 31, 2009.

I encourage folks to read the below related bills for a better understanding of how unemployment insurance has anything to do with airplanes and airports. A hint, if  you are a 99er you are screwed and  about to enter the realm of the invisible. If you make it a year however, you might be eligible for Obamacare.

H.R 4853 entrains thirteen different related bills. They are:

H.RES.1745, “Providing for consideration of the Senate amendment to the bill (H.R. 4853) to amend the Internal Revenue Code of 1986 to extend the funding and expenditure authority of the Airport and Airway Trust Fund, to amend title 49, United States Code, to extend authorizations for the airport improvement program, and for other purposes, and providing for consideration of motions to suspend the rules.”

H.R.1512, the “Federal Aviation Administration Extension Act of 2009”.  It already became public law re: 111-12.

H.R.3607, the “Fiscal Year 2010 Federal Aviation Administration Extension Act”. It already became public law re” 111-69.

H.R.4217, the “Fiscal Year 2010 Federal Aviation Administration Extension Act, Part II”. It became public law re 111-116.

H.R.4915, the “Federal Aviation Administration Extension Act of 2010”.  Referred to the Senate Finance Committee-meaning, I guess, since it’s still in committee, it can’t be voted on. So, I don’t know how it was supposed to be included in today’s vote.

H.R.4957, the “Federal Aviation Administration Extension Act of 2010”. It already became public law re: 111-153.

H.R.5147, the “Airport and Airway Extension Act of 2010”. It already became public law re: 111-161.

H.R.5611, the “Airport and Airway Extension Act of 2010, Part II”. It apparently already became public law.  (See 111-972.)

H.R.5900, the “Airline Safety and Federal Aviation Administration Extension Act of 2010”. It already became public law re: 111-216.

H.R.6190, the “Airport and Airway Extension Act of 2010, Part III”. It already became public law re: 111-249.

H.R.6467, the “Middle Class Tax Relief Act of 2010”.

H.R.6473, the  “Airport and Airway Extension Act of 2010, Part IV”. It was received in the Senate on 12/2/10.

S.3187, the “Federal Aviation Administration Extension Act of 2010”. It was returned to the Senate re: H. Res. 1653.

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Yep.

What Dakinikat said about Stealing Home:

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From a feminist’s viewpoint, it makes no sense to consider a woman, (or even a man) for senatorial candidacy who expresses contempt over it’s appellation. That’s what Carly Fiorina is doing when she attempts to belittle Barbara Boxer’s senatorial exchange in the recent September ad.

Must we again remind ourselves that job titles reflect our experience, value, and job worth? One of the very things that keep us on the low end of the job scale monetarily is our inability to properly identify ourselves. Fiorina knows this. She has had no trouble identifying herself as former CEO of Hewlett Packard.

In this botched ad, it appears that Fiorina was attempting to spotlight Boxer’s 28 years as a public servant as being too long, and Boxer’s correction of General Michael Walsh, who’s use of “Ma’am” was inappropriate, even if allowed by protocol. The problem is, the way in which Boxer’s 28 years experience is addressed induces thought. It makes you think of what she has accomplished, rather than her being out of touch. And, does anyone really think that the military should be above correction?

Republican feminists have to be cringing over this ad. Taken along with the earlier hair remarks, Fiorina couldn’t have skewered herself better if she tried. Who even cares what her platform is, when she takes her campaign strategy cues from rabid bat misogynist trolls?

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Update – ABC Reports that Judge Bolton has blocked key provisions of S.B. 1070, however, several measures of the law will go into effect today. See:

Arizona Immigration Law Judge Puts Hold on Key Provisions

The ACLU has reported that back to back hearings were presented on Arizona’s new immigration law, and sides presented to Judge Bolton.

The law is now under judicial review. See:

Arizona’s Back-to-Back Hearings Do Not Disappoint

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On this one, I agree with the Prez. Pass the Disclose Act tomorrow, otherwise known as the “Democracy is Strengthened by Casting Light on Spending in Elections Act, S.3628,(correction) see file “getdoc.cgi“! Don’t let this Supreme Court Decision stand. Corporations should not have personhood, or the right to donate money without disclosure to elections. It was bad enough last election WITH disclosure.

The White House Blog

President Obama on Citizens United: “Imagine the Power This Will Give Special Interests Over Politicians”

Posted by Jesse Lee on July 26, 2010 at 03:07 PM EDT

With a Senate vote tomorrow on legislation to undo some of the damage from the Citizens United Supreme Court decision, the President laid out the stakes in no uncertain terms:

Monday A vote to oppose these reforms is nothing less than a vote to allow corporate and special interest takeovers of our elections. It is damaging to our democracy. It is precisely what led a Republican President named Theodore Roosevelt to tackle this issue a century ago.

http://www.whitehouse.gov/blog/2010/07/26/president-obama-citizens-united-imagine-power-will-give-special-interests-over-polit

As pre-announced last month, Hayward’s head is going to be put on the plate for the BP Gulf debacle. If you will pardon the Cold War chuckle, they are sending him HERE in Siberia. Well not quite, the headquarters of TNK-BP was changed to the British Virgin Islands in 2006. However, if he takes the penitent’s job, I see no reason to believe that he will fail to visit the Irtyish River once or twice. TNK-BP announced in January they were aiming to double production. Hayward sounds like just the guy they need. Who needs a river anyway?

BP’s Hayward to Leave as CEO; Russia Job in Works

http://abcnews.go.com/Business/wireStory?id=11249030

Look at that, China doen’t want to  be left out of the story either!

In counterpoint to our health plans, Japan’s keep producing this:

Japan women’s life expectancy world longest for 25th straight year

Posted : Mon, 26 Jul 2010 10:04:50 GMT

By : dpa

Tokyo – Japanese women held the world’s longest life expectancy for the 25th year in row in 2009, with their average life-span hitting a record high of 86.44 years, the government said Monday.

Japanese men’s life expectancy also posted a record high of 79.59 years, but they dropped to fifth in the world from fourth in 2008, the Ministry of Health, Labour and Welfare said in a report.

The extension was attributed to improved treatment of major causes of death among Japanese – cancer, strokes, pneumonia and cardiac disorders.

“If an influenza epidemic does not break out, the life expectancy (of Japanese people) is likely to extend further,” a ministry official was quoted by Kyodo News as saying.

In the men’s list, Qatar topped the men’s list at 81.0 years, followed by Hong Kong at 79.8 years, and Iceland and Switzerland at 79.7 years.

As for women, Japan was followed by Hong Kong at 86.1 years, and France at 84.5 years.

http://www.earthtimes.org/articles/news/336496,longest-25th-straight-year.html

As adjunct to a recent comment about the lack of alternatives in political parties over at the Confluence last night, this news arrives from the Denver Post.  Just in case you didn’t know, there is frustration among Repubs as well as Dems. Upsetting TeaPartiers, Tom Tancredo has decided to openly declare his right wing intentions by running for the American Constitution Party. Frankly I like this kind of transparency; Tancredo hasn’t changed, he’s just come out of the closet.

Tancredo will run for governor as American Constitution Party candidate

By Karen Crummy, Denver Post Staff Writer

POSTED: 07/26/2010 08:48:17 AM MDT

UPDATED: 07/26/2010 11:49:11 AM MDT

Tom Tancredo (Denver Post | 2008 file)

[Former Congressman Tom Tancredo is in the race for Colorado governor, he said this morning. “I will officially announce at noon that I will seek the nomination of the constitution party,” Tancredo told the Post….]

http://blogs.denverpost.com/thespot/2010/07/26/tancredo-will-run-for-governor-as-american-constitution-party-candidate/12382/

In case you don’ think they are serious, take a look a t the Wiki link and see how many positions they are seeking in the 2010 election. A few can become a voting block pretty quickly.

At the same time, some over at the Black Agenda are advocating ending the sheep stroll for the Democratic party and going Black, Red And Green.

Black American Politics in the 21st Century: Is It Time For A New Plan?

Wed, 07/14/2010 – 09:28 — Bruce A. Dixon

[We all love and respect our ancestor and freedom fighter Frederick Douglass. But in the 21st century, nobody is trying to imitate his haircut or wear his 19th century clothes. So why is 21st century black America still stuck with Frederick Douglass’s political strategy, 140 years later? And how’s that old stuff working out for us, anyway?…]

http://www.blackagendareport.com/?q=content/black-american-politics-21st-century-it-time-new-plan

The Green Party has their own list, and want you to support their local candidates.

Keep a repugnant law on the books, just so the very arrogant and powerful can play God. Then, when the international community calls you on the carpet, blame them and the defenders of the victims.

We have our own problems with the death penalty here in the USA, but for this kind of torture even the Humane Society would have your ass in jail and the key thrown away.

Just who gets to throw these stones anyway? You gotta wonder what it does to the throwers as well. It’s government sponsored Milgrams, only with real consequences:

Attorney of Iranian Condemend(sic. Condemned) to Be Stoned Faces Arrest

Edward Yeranian | Cairo

26 July 2010

Iran has reportedly issued an arrest warrant for the attorney of Sakineh Ashtiani, whose stoning sentence has enraged many in the West.  Iranian authorities apparently detained the wife and brother-in-law of attorney Mohammed Mostafaei, when they were unable to locate him

http://www1.voanews.com/english/news/Attorney-of-Iranian-Condemend-to-Be-Stoned-Faces-Arrest-99249949.html

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Politico is reporting:

Democrats Pull Plug on Climate Bill

By DARREN SAMUELSOHN & CORAL DAVENPORT | 7/22/10 1:01 PM EDT

Updated: 7/22/10 2:29 PM EDT

[Senate Democrats pulled the plug on climate legislation Thursday, pushing the issue off into an uncertain future ahead of mid-term elections where President Barack Obama’s party is girding for a drubbing. …]

http://www.politico.com/news/stories/0710/40109.html

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