A New Politics Thread? That's Gold Gerry(mandering); Gold!

Re: A New Politics Thread? That's Gold Gerry(mandering); Gol

Postby pacino » Tue Jul 01, 2014 08:53:31

Bob McDonald nominated for head of VA:
President Obama on Monday will nominate Bob McDonald, a West Point graduate who served as chief executive of Procter & Gamble, to take over as head of the troubled Department of Veterans Affairs, according to White House officials.

The un­or­tho­dox pick of a retired corporate executive whose former company makes iconic household products such as Tide detergent and Charmin toilet paper — rather than a former military general — underscores the serious management problems facing the agency charged with serving more than 8 million veterans a year. On Friday, White House Deputy Chief of Staff Rob Nabors submitted a report to the president finding “significant and chronic system failures” and a “corrosive culture” at the Veterans Health Administration, which has come under fire for record-keeping that was skewed in an effort to cover up the long waits imposed on former troops seeking medical care.

In recent years, the job of VA secretary has been filled by retired generals, medical professionals or politicians. McDonald’s background is a significant departure, though he and his wife have deep family ties to the military. McDonald graduated in the top 2 percent of his class at the U.S. Military Academy at West Point, N.Y., and served in the Army for five years, achieving the rank of captain in the 82nd Airborne Division before taking an entry-level job at P&G. He is the son of an Army Air Corps veteran of World War II, and his wife’s father was shot down over Europe and survived harsh treatment as a prisoner of war.


In a statement, House Speaker John A. Boehner (R-Ohio), usually an administration critic, hailed McDonald’s experience as a veteran and as a leader in the private sector, calling him the “kind of person who is capable of implementing the kind of dramatic systemic change that is badly needed and long overdue at the VA. But the next VA secretary can only succeed in implementing that type of change if his boss, the president, first commits to doing whatever it takes to give our veterans the world class health care system they deserve.”


Another Ohio Republican, Sen. Rob Portman, praised Obama for selecting “someone with a wealth of experience managing a complex organization who has also had a distinguished military career.”

McDonald has financially supported Republican politicians in the past, according to federal election records, including Boehner and 2012 presidential nominee Mitt Romney.

McDonald, 61, graduated from West Point in 1975 and is about the same age as most of the senior generals in the Pentagon with whom he would have to work closely in the coming years. Gen. Martin Dempsey, the chairman of the Joint Chiefs of Staff, graduated from West Point one year before McDonald, and Gen. Ray Odierno, the Army chief of staff, finished up at the academy one year after him. McDonald and acting VA secretary Sloan Gibson, who is expected to serve as his deputy, were West Point classmates.
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Re: A New Politics Thread? That's Gold Gerry(mandering); Gol

Postby pacino » Tue Jul 01, 2014 09:45:18

Blackwater (Academi) employee threatened to kill Stated Dept investigator:
Newly disclosed documents show that a senior Blackwater employee stymied an investigation into the security contractor’s operations in Iraq by threatening to kill a State Department investigator, The New York Times reported. The documents, which included a memo from Aug. 31, 2007, raised questions about whether increased governmental oversight could have prevented the deaths of 17 Iraqi civilians killed by Blackwater contractors on Sept. 16, 2007, in Nisour Square, Baghdad.

According to the New York Times story, the State Department sent Jean Richter and Donald Thomas, Jr. to Iraq on Aug. 1, 2007, to conduct a monthlong review of Blackwater’s operations in the country. The investigators found a laundry list of wrongdoing by Blackwater, including “overbilling the State Department by manipulating its personnel records, using guards assigned to the State Department contract for other work and falsifying other staffing data on the contract.” They also found evidence of Blackwater contractors “storing automatic weapons and ammunition in their private rooms, where they also were drinking heavily and partying.”

Richter and Thomas concluded that the U.S. Embassy in Iraq was complicit in Blackwater’s malfeasance. The newspaper quoted a memo to senior State Department officials in Washington, in which Richter said, “During and after my stay in Iraq, it has become fully apparent to me that the management structures in place to manage and monitor our...contracts in Iraq have become subservient to the contractor themselves.”
On Aug. 21, 2007, Richter and Thomas Jr., sat across a desk from Daniel Carroll, a project manager for Blackwater in Baghdad. According to Richter, the meeting quickly turned hostile. Richter wrote in the memo that Carroll threatened he “could kill [Richter] at that very moment and no one could or would do anything about it.”

“I took Mr. Carroll’s threat seriously,” Richter was quoted as saying in the memo. “We were in a combat zone where things can happen quite unexpectedly, especially when issues involve potentially negative impacts on a lucrative security contract.”

The New York Times said that in a separate statement, Richter’s State Department colleague corroborated his story.

two weeks after he wrote this report, Blackwater fired completely unjustified into the square in Baghdad where they killed 17 innocent people.

NY Times:
Mr. Richter was shocked when embassy officials sided with Mr. Carroll and ordered Mr. Richter and Mr. Thomas to leave Iraq immediately, according to the documents. On Aug. 23, Ricardo Colon, the acting regional security officer at the embassy, wrote in an email that Mr. Richter and Mr. Thomas had become “unsustainably disruptive to day-to-day operations and created an unnecessarily hostile environment for a number of contract personnel.” The two men cut short their inquiry and returned to Washington the next day.

After we wanted immunity for our contractors, Iraq said no to a deal leaving Americans in the country. In that respect, they helped end the war for us. So there's that, I guess.
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Re: A New Politics Thread? That's Gold Gerry(mandering); Gol

Postby RichmondPhilsFan » Tue Jul 01, 2014 09:52:46

jerseyhoya wrote:As for the rights of corporations stuff, only two justices were willing to go so far as to say that people forfeit their rights to bring challenges under the Religious Freedom Restoration Act when they form a corporation, so that part of the decision was not 5-4. People trying to make some money and run a business shouldn't have to forfeit all of their rights. The question of where lines get drawn then is a fair one, but acting like it's preposterous that it gets asked is kind of disconnected from reality.

I don't think it's preposterous at all to suggest that a person gives up something when they avail themselves of the legal fiction of the corporate veil. Instead, the Supreme Court has increasingly expanded the corporate veil while refusing to make any corresponding limitations on that protection.

e.g., A homosexual employee can't personally sue his owner/boss for unlawful termination, but is instead limited to filing a claim against the company. Yet the company might now be able to claim some religious protection under RFRA in the employment action due to the owner's alleged moral objection to the homosexual lifestyle.

You can try to pretend that this is a narrow ruling based upon what is clearly dicta, but that case is coming at some point in the not-so-distant future.

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Re: A New Politics Thread? That's Gold Gerry(mandering); Gol

Postby SK790 » Tue Jul 01, 2014 11:38:13

pacino wrote:Bob McDonald nominated for head of VA:
President Obama on Monday will nominate Bob McDonald, a West Point graduate who served as chief executive of Procter & Gamble, to take over as head of the troubled Department of Veterans Affairs, according to White House officials.

The un­or­tho­dox pick of a retired corporate executive whose former company makes iconic household products such as Tide detergent and Charmin toilet paper — rather than a former military general — underscores the serious management problems facing the agency charged with serving more than 8 million veterans a year. On Friday, White House Deputy Chief of Staff Rob Nabors submitted a report to the president finding “significant and chronic system failures” and a “corrosive culture” at the Veterans Health Administration, which has come under fire for record-keeping that was skewed in an effort to cover up the long waits imposed on former troops seeking medical care.

In recent years, the job of VA secretary has been filled by retired generals, medical professionals or politicians. McDonald’s background is a significant departure, though he and his wife have deep family ties to the military. McDonald graduated in the top 2 percent of his class at the U.S. Military Academy at West Point, N.Y., and served in the Army for five years, achieving the rank of captain in the 82nd Airborne Division before taking an entry-level job at P&G. He is the son of an Army Air Corps veteran of World War II, and his wife’s father was shot down over Europe and survived harsh treatment as a prisoner of war.


In a statement, House Speaker John A. Boehner (R-Ohio), usually an administration critic, hailed McDonald’s experience as a veteran and as a leader in the private sector, calling him the “kind of person who is capable of implementing the kind of dramatic systemic change that is badly needed and long overdue at the VA. But the next VA secretary can only succeed in implementing that type of change if his boss, the president, first commits to doing whatever it takes to give our veterans the world class health care system they deserve.”


Another Ohio Republican, Sen. Rob Portman, praised Obama for selecting “someone with a wealth of experience managing a complex organization who has also had a distinguished military career.”

McDonald has financially supported Republican politicians in the past, according to federal election records, including Boehner and 2012 presidential nominee Mitt Romney.

McDonald, 61, graduated from West Point in 1975 and is about the same age as most of the senior generals in the Pentagon with whom he would have to work closely in the coming years. Gen. Martin Dempsey, the chairman of the Joint Chiefs of Staff, graduated from West Point one year before McDonald, and Gen. Ray Odierno, the Army chief of staff, finished up at the academy one year after him. McDonald and acting VA secretary Sloan Gibson, who is expected to serve as his deputy, were West Point classmates.

L
O
FUCKING
L

I wonder if he has to practice a bunch before he tells these bald face lies or if it just comes naturally.
I like teh waether

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Re: A New Politics Thread? That's Gold Gerry(mandering); Gol

Postby drsmooth » Tue Jul 01, 2014 11:40:33

geez, I'd almost forgotten about this bit of embarrassing HL benefits policy news:

Hobby Lobby Invested In Numerous Abortion And Contraception Products While Claiming Religious Objection (Forbes, April 2014)

"investment" is via their 401k plan.

"Oh, but hey, those investments are employees' choices, the company doesn't make them invest in those firms"?

Right, and neither does the company's health benefits coverage of any particular medication require employees to acquire or use them.
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Re: A New Politics Thread? That's Gold Gerry(mandering); Gol

Postby Bucky » Tue Jul 01, 2014 11:45:47

There's also the matter of lots of the stuff they sell is imported from China

http://theweek.com/article/index/263225 ... n-business

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Re: A New Politics Thread? That's Gold Gerry(mandering); Gol

Postby jerseyhoya » Tue Jul 01, 2014 12:06:21

RichmondPhilsFan wrote:
jerseyhoya wrote:As for the rights of corporations stuff, only two justices were willing to go so far as to say that people forfeit their rights to bring challenges under the Religious Freedom Restoration Act when they form a corporation, so that part of the decision was not 5-4. People trying to make some money and run a business shouldn't have to forfeit all of their rights. The question of where lines get drawn then is a fair one, but acting like it's preposterous that it gets asked is kind of disconnected from reality.

I don't think it's preposterous at all to suggest that a person gives up something when they avail themselves of the legal fiction of the corporate veil. Instead, the Supreme Court has increasingly expanded the corporate veil while refusing to make any corresponding limitations on that protection.

e.g., A homosexual employee can't personally sue his owner/boss for unlawful termination, but is instead limited to filing a claim against the company. Yet the company might now be able to claim some religious protection under RFRA in the employment action due to the owner's alleged moral objection to the homosexual lifestyle.

You can try to pretend that this is a narrow ruling based upon what is clearly dicta, but that case is coming at some point in the not-so-distant future.

It's not preposterous to suggest that a person gives up something when they form a corporation, which isn't what I said. The question is where the line gets drawn of what they give up. Seems like the court made a pretty strong argument in the majority opinion. And with Breyer and Kagan refusing to join Ginsburg on saying corporations cannot bring claims under the RFRA bit, it shows that it isn't a clear cut belief among the liberal justices on the court that corporations are undeserving of rights like these depending on the facts of the underlying case.

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Re: A New Politics Thread? That's Gold Gerry(mandering); Gol

Postby drsmooth » Tue Jul 01, 2014 12:38:42

jerseyhoya wrote:The question is where the line gets drawn of what they give up. Seems like the court made a pretty strong argument in the majority opinion.


so strong that the Great Uniter got 5 justices to sign on for, well, most of that shit
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Re: A New Politics Thread? That's Gold Gerry(mandering); Gol

Postby RichmondPhilsFan » Tue Jul 01, 2014 13:03:37

jerseyhoya wrote:
RichmondPhilsFan wrote:
jerseyhoya wrote:As for the rights of corporations stuff, only two justices were willing to go so far as to say that people forfeit their rights to bring challenges under the Religious Freedom Restoration Act when they form a corporation, so that part of the decision was not 5-4. People trying to make some money and run a business shouldn't have to forfeit all of their rights. The question of where lines get drawn then is a fair one, but acting like it's preposterous that it gets asked is kind of disconnected from reality.

I don't think it's preposterous at all to suggest that a person gives up something when they avail themselves of the legal fiction of the corporate veil. Instead, the Supreme Court has increasingly expanded the corporate veil while refusing to make any corresponding limitations on that protection.

e.g., A homosexual employee can't personally sue his owner/boss for unlawful termination, but is instead limited to filing a claim against the company. Yet the company might now be able to claim some religious protection under RFRA in the employment action due to the owner's alleged moral objection to the homosexual lifestyle.

You can try to pretend that this is a narrow ruling based upon what is clearly dicta, but that case is coming at some point in the not-so-distant future.

It's not preposterous to suggest that a person gives up something when they form a corporation, which isn't what I said. The question is where the line gets drawn of what they give up. Seems like the court made a pretty strong argument in the majority opinion. And with Breyer and Kagan refusing to join Ginsburg on saying corporations cannot bring claims under the RFRA bit, it shows that it isn't a clear cut belief among the liberal justices on the court that corporations are undeserving of rights like these depending on the facts of the underlying case.

No, you (as the Court did) are framing the argument from the wrong side solely to bolster your preferred position on the matter. The primary purpose of the corporate entity/legal fiction is to mark a distinction between the shareholders and the corporation itself. That is the absolute foundation of corporate law, and it's something that law students learn in their first day of class in a corporate/closely held course. You are presuming something reverse... that the corporation is simply an alter ego of the shareholder. It is not.

That is why I say that the individual gives something up when he/she starts a corporation.

Don't get me wrong... you're in excellent company in your position considering that the decision went 5-4 in your favor. It's great that you agree that "person" means a closely held business vis a vis RFRA. But there's a reason that Amici were filed by a slew of corporate law professors in favor of the government's position (i.e., not the type of law professor typically aligned with liberal causes).

As for Breyer and Kagan, who knows what they would have decided if there was a coalition of five. It's not in any way uncommon for a justice to hold back on sweeping statements when it's unnecessary, as it was in this case.

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Re: A New Politics Thread? That's Gold Gerry(mandering); Gol

Postby Luzinski's Gut » Tue Jul 01, 2014 14:17:48

Unless the new VA boss is given carte blanche to fire people and bring them up on criminal charges when necessary, I doubt we're going to see a change at the VA.
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Re: A New Politics Thread? That's Gold Gerry(mandering); Gol

Postby pacino » Wed Jul 02, 2014 06:54:57

In PA news, Corbett refuses to sign the budget unless it guts pensions. This is the Republican party budget he's refusing to sign, since they control the legislature.

In other arbitrary news, a new poll shows Tom Wolf ahead of him by 22 points.
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Re: A New Politics Thread? That's Gold Gerry(mandering); Gol

Postby td11 » Wed Jul 02, 2014 10:02:51

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Re: A New Politics Thread? That's Gold Gerry(mandering); Gol

Postby pacino » Wed Jul 02, 2014 10:03:45

thephan wrote:pacino's posting is one of the more important things revealed in weeks.

Calvinball wrote:Pacino was right.

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Re: A New Politics Thread? That's Gold Gerry(mandering); Gol

Postby joe table » Wed Jul 02, 2014 10:41:10

Re: Hobby Lobby case

I have read only recaps from sources I respect, and am certainly not going to spend hours digging through legislative history material, but IMO it is unlikely that Congress intended in 1993 for the RFRA to be used as an offensive weapon by a private corporation to protect its economic interests (obviously you can frame this as a moral issue too, but it's impossible to unravel the two interests here, and there is some evidence that Hobby Lobby did not always have a firm anti-contraception position).

I think they key galvanizing point for the overwhelming support of the RFRA at its passage was the controversial decision in 1990 called Employment Division v. Smith. This case, which seemed like an unjust results with a sympathetic plaintiff, I think rightly united both religious interest groups and civil libertarians who were concerned that Smith's logic would take the teeth out of Free Exercise Clause challenges.

I also think that the decision here will absolutely invite more challenges, not only by other privately held for-profits but possibly even public corporations. And there is nothing in the text of Alito's opinion that would foreclose public companies from being such challenges IMO (whether or not they would do so out of self-interest is another matter).

That all being said, I think that Court's holding that Hobby Lobby can bring a claim under the RFRA is not necessarily wrong strictly as a matter of statutory interpretation (regardless of Congressional intent) . I have read that the statute does indeed include corporations in its definition of "person," (as do the vast majority of laws/contracts). This was likely done to allow religious institutions to readily bring claims under the law, but that Congress apparently did fail to explicitly indicate within the RFRA that a corporation as "person" should by limited to, say, religious non-profits, is a major issue in the decision. Whether it stemmed from definition problems of not wanting to exclude some forms of religious institutions or just shoddy drafting, I don't know.

It is also worth noting that the holding here that private for profit corporations have standing in this case does not create a blanket constitutional right for these claims under the Free Exercise Clause itself. Observers are right that the RFRA can be amended and narrowed in scope...whether that is politically feasible, or whether a future Court will still choose to use this case's reasoning in a case outside the context of the RFRA, is obviously uncertain.
Last edited by joe table on Wed Jul 02, 2014 10:50:26, edited 2 times in total.

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Re: A New Politics Thread? That's Gold Gerry(mandering); Gol

Postby joe table » Wed Jul 02, 2014 10:46:09

As to the issue of the legal rights afforded to fictitious corporations, I think that is obviously a nuanced issue. It may not be unreasonable to expect people to "give something up" when they organize a corporation, but the "what" there is not clear to me. As Volokh people observed, I'm sure people would have different opinions on the constitutional rights of corporations in the context of say, government search and seizures of corporations or takings of corporate property by the government without compensation. People are obviously going to frame these issues based on their political beliefs, which I think the Court in Hobby Lobby likely did in its strict scrutiny analysis (but NOT necessarily in its interpretation of the scope of the RFRA, as I wrote above).

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Re: A New Politics Thread? That's Gold Gerry(mandering); Gol

Postby drsmooth » Wed Jul 02, 2014 11:32:07

joe table wrote:As to the issue of the legal rights afforded to fictitious corporations, I think that is obviously a nuanced issue.


is anyone disputing that corporations have standing in law? The issue is whether corporations have any kind of claim to protection of their "spiritual or religious freedoms" (I feel compelled to put that stuff, worthy of Ionesco or Beckett, in quotes)
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Re: A New Politics Thread? That's Gold Gerry(mandering); Gol

Postby joe table » Wed Jul 02, 2014 12:03:33

drsmooth wrote:
joe table wrote:As to the issue of the legal rights afforded to fictitious corporations, I think that is obviously a nuanced issue.


is anyone disputing that corporations have standing in law? The issue is whether corporations have any kind of claim to protection of their "spiritual or religious freedoms" (I feel compelled to put that stuff, worthy of Ionesco or Beckett, in quotes)


This seems non-responsive to my post. But I guess I could have said whether corporations should (normatively) have certain "statutory and/or constitutional protections" instead of legal rights

And the issue as you phrased in this case turned on whether Hobby Lobby had a claim under a specific federal law

I did say something wrong above now though I realize...definition of "person" as including "corporation" was in the Dictionary Act (separate federal law), not necessarily the text of the RFRA itself
Last edited by joe table on Wed Jul 02, 2014 12:06:12, edited 1 time in total.

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Re: A New Politics Thread? That's Gold Gerry(mandering); Gol

Postby drsmooth » Wed Jul 02, 2014 12:04:33

Yes, but in a double utley you can put your utley on top they other guy's utley, and you're the winner. (Swish)

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Re: A New Politics Thread? That's Gold Gerry(mandering); Gol

Postby drsmooth » Wed Jul 02, 2014 12:06:58

joe table wrote:This seems non-responsive to my post.


You said "As to the issue of the legal rights afforded to fictitious corporations, I think that is obviously a nuanced issue."

I asked whether anyone is disputing that corporations have some manner of legal rights.

The rest of it, I have no idea what you're talking about
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Re: A New Politics Thread? That's Gold Gerry(mandering); Gol

Postby Bucky » Wed Jul 02, 2014 12:08:37

umm...Joe, so did you agree or disagree with the ultimate decision?

YES MEANS YOU'RE FOR MORTY AND NO MEANS YOU'RE AGAINST HIM

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