10 Worst of 2013

Because it’s the end of the year, it’s compulsory to do a nostalgia listicle, right? This is culled from my own posts here at Artvoice daily, and not intended to be comprehensive.  Everything chosen essentially at random.  

10. Dennis Gabryszak

Oh, look. Another entitled do-nothing superfluous, self-important Albany hack who sexually harasses female staffers. If it was one staffer, it’d be worth a listen. Two staffers, and it’s going to raise eyebrows. Three staffers? Now it’s a thing. Four, and the fourth is still working there? Cringeworthy. The fact that Gabryszak has said nothing is thanks to some fantastic legal advice, but equally horrible political advice. 

9. Donn Esmonde

Donn Esmonde proved himself to be an ass throughout 2013.

It started when this retired suburban Long Island native decided that he is against quality education for children in suburban districts. One with questionable ethics, to boot. I look forward to more Tielman quotes, self-congratubation, and cheery, irony-free invocations of “lighter, quicker, cheaper”. 

8. The Conservative Party

To paraphrase Linda Richman, the Conservative Party is neither conservative nor a party. Discuss.

Ralph Lorigo’s personal fiefdom proves that political feudalism is alive and well in the 21st century. While the deceptively named Independence Party is now running all its endorsements through its statewide committee (and the NYGOP), Lorigo’s faction will endorse the occasional Democrat, but the criteria are always murky. This year, the CPWNY went out of its way to defame Republican Buffalo mayoral candidate Sergio Rodriguez

7. Tim Kennedy

See Number 6, below.

This guy came up with over $80,000 – much of it from inactive campaign accounts with no money in them, and none of which was properly disclosed – to sabotage Democrats in 2013. 

6.  Pigeon, Max, Mazurek & the AwfulPAC

It’s like a shit-stained comet, coming back to streak across our pleasant skies every few election seasons.

Yet again, former Erie County Democratic chairman G. Steven Pigeon assembled a horrible band du jour to sabotage the county committee’s election year efforts. Cheektowaga town Democratic chairman Frank Max believes himself entitled to the office of county chairman, but it’s becoming increasingly clear that he’s the only one who thinks so. (He’s been rather silent on the whole Gabryszak thing, don’t you think?) Pigeon and Max, their EmoDems, along with Kristy Mazurek, whose elbows are as sharp as her tongue, got AwfulPAC going just in time for the September primaries. Add in some dubiously sourced campaign cash from various entities, as well as $80k+ from state Senator Tim Kennedy, who owes Pigeon one for maneuvering him into that office, and you’ve got this year’s comet’s skidmarks. 

What did they accomplish? Wes Moore lost, but viciously sabotaged Democrat Wynnie Fisher. Rick Zydel lost, and Pat Burke came out of nowhere to beat everybody. Dick Dobson defeated the politically tone-deaf Bert Dunn, but AwfulPAC abandoned Dobson in October, proving that they were really just Democrats for Tim Howard all along. They tried to take credit for a win in Rochester with which they had nothing to do. Oh, and they returned the queen of transactional politics, Barbara Miller Williams, to the county legislature. But because it’s easier to cast it all as a big loss for Erie County Democratic Chairman Jeremy Zellner, that was the narrative we were all fed

5. Donald Trump

Everyone’s favorite birther started out the year by releasing a forgery of a birth certificate. Why won’t Donald Trump address the allegations that he is the spawn of an orangutan? 

Oh, and now he’s “considering” a run for Governor of the state of New York.

4. The WNY Voter

Byron Brown coasts? Barbara Miller Williams elected again? Carl Paladino elected to the Buffalo school board? Horrible turnout numbers for elections? Can’t we do better than this? 

3. Tim Howard

The elected Erie County Sheriff decided to also appoint himself to a Supreme Court judgeship, but elevated himself to the New York Court of Appeals – maybe even the Supreme Court! 

He unilaterally decided that he wasn’t going to enforce the NY SAFE Act (see #1, below), thus completely misunderstanding how the constitution works and what roles the various governmental branches play. 

2. Chris Collins

Seriously, take your pick – whether it’s his criticism of an historic deal with Iran, Collins’ vigorous support of a government shutdown in a hopeless effort to get the President to ditch Obamacare – and then claiming he didn’t support it at all, or his jejune “poll” of his constituents, Chris Collins proved time and again that he is the worst Congressman WNY has sent to Washington in perhaps forever. No amount of Buffalo News rehabilitation will change this. 

1. Concern-trolling and the NY SAFE Act

If you really think that limiting magazine capacity and requiring more stringent background checks in order to purchase a firearm is a tyrannical usurpation of your 2nd Amendment right to bear arms, in a state that already has among the strictest gun laws in the country, you’re having a bit of an overreaction.

I liken it to the kid in class who craves attention, so he casts himself in the role of victim in order to feed the craving. We see you, and your Gadsen flag. However, society has a similar compulsion to balance the right of people to, e.g., send their kids to school and not have them come home in the box because an unhinged lunatic had an arsenal versus your right to own an arsenal

Dishonorable mention:

The same collection of Buffalo plutocrats who gave us such hits as “Dr. James Williams” are now agitating to pay off Buffalo School superintendent Pamela Brown in an effort to be rid of her. Forget that there have been incremental improvements in results under her tenure; forget that Williams was a trainwreck of a disaster, bought and paid for by M&T Bank’s Robert Wilmers; and forget that Brown has been in her current position since June 2012. The bottomless pit of racist, sexist, misogynist invective that some are hurling at her for not adequately herding all her myriad feline coalitions has been appalling. I don’t know why the likes of Paladino don’t just come right out and say what they mean – that she and the board members who appointed her are a sordid collection of incompetent negresses. Brown isn’t perfect, but relentlessly sabotaging her, dehumanizing her, and delegitimizing her isn’t going to fix much. At least give her a chance to succeed or fail. 

Coming soon: best of 2013. If you have a nomination, email me here

Chris Collins’ Iranthmetic


The image to the left of this text shows my Congressman’s Facebook reaction to a deal that the “P5+1” countries reached with Iran over its nuclear weapons and energy program. 

The deal was a modest thing, significant for the fact that Iran came to the table in apparent good faith at all. It would dilute existing nuclear material so that it could only be used for energy, and not weaponry, and there would be a 6 month halt to its nuclear weapon program altogether. The aim would be a final deal within 6 or 12 months, allowing for one 6 month extension of the pause. 

Iran’s economy has been absolutely devastated by international sanctions over its nuclear program, and it has a huge incentive to roll back its pariah status. The world benefits if Iran has no nuclear weapons to use against its myriad enemies. To my mind, the whole thing should be rolled into deal whereby Iran ends its support of Hezbollah and recognizes Israel, but diplomacy is often about baby steps. 

So, turning to the representative of NY-27, we could certainly fisk his simplistic statement to kingdom come – e.g., it wasn’t an “Obama Administration” deal, it was a deal between Iran on the one hand, and the US, Russia, China, and the European Union (read: the UK, France, and Germany – it’s called “P5+1” because it includes the 5 permanent members of the UN Security Council, meaning it would be veto-proof in that body, plus Germany) on the other.  Germany, for its part, does huge business with Iran, and all of these powers – working together – have the ability together to put great pressure on Iran to behave and comply. 

I could snarkily comment on Collins’ recent praise of Russian autocrat Vladimir Putin, or the fact that Collins chooses to manufacture his tchotchkes in China, but I also realize that his public pronouncements are not meant to be taken seriously. I think that we’re witnessing an Andy Kaufman-like comedic performance art that is, unfortunately, unfunny and predictable. Collins is a caricature of a closed-minded conservative backbencher. 

The point of diplomacy, of course, isn’t just to talk with friends. The diplomatic process involves talking with our sworn enemies, as well; to work out differences in a peaceful way rather than war. 

So, why would our caricature be so knee-jerkedly opposed to a rather contextually modest, temporary deal to freeze Iran’s nuclear program in exchange for the easing of some sanctions? Because he’s effectively been paid to oppose it

Just this past August, Collins took his son on an all-expenses-paid trip to Israel. The trip was financed by a private lobbying group, the American Israel Education Foundation. It paid for transportation, lodging, meals, and all incidentals for Collins (who is well able to afford spending $18,000 to visit Israel) and his son, who visited Jerusalem, Tel Aviv, Ramallah, and Bethlehem. 

WGRZ called Collins out on it

Dr. Craig Holman with the government watchdog group Public Citizen said the trips are designed to influence and lobby members of Congress.

“These types of travel junkets have long been one of the favorite means for special interests and lobbyists to use to try to influence members of Congress and peddle their wares on Capitol Hill,” Dr. Holman said.

While AIEF is a non-profit, it is simply the charity wing of the AIPAC, the American Israel Public Affairs Committee. AIPAC is the largest pro-Israel lobby in America.

AIPAC and its lobbyists are prohibited from giving lawmakers or staff members gifts, including trips. So the group’s charity wing does it for them.

“(The ethics committees) have allowed a lobbying organization — any lobbying entity — to set up a 501(c)3, a charity wing even just on paper,” Dr. Holman said. “And if that (c)3 itself doesn’t employ lobbyists, then it can pay for these congressional travel junkets.”

Neither Congressman Reed nor Congressman Collins would speak with 2 On Your Side either on camera or by phone. They each emailed statements through their spokespeople.

“Congressman Collins’ trip – vetted and approved by the House Ethics Committee – was paid for exclusively by private donations at zero expense to taxpayers,” Collins Spokesperson Grant Loomis said by email. “The bipartisan effort involves both Democrats and Republicans and is critical to educating Members of Congress on the importance of the U.S.-Israel relationship and protecting American interests in the Middle East.”

Israel, for its part, has slammed the Iran nuclear deal, and her Prime Minister Benjamin Netanyahu has called it an “accommodation” and “political theater” that will “wreak havoc” in the region. Well, not all of Israel. For instance, Justice Minister Tzipi Livni has taken a much more conciliatory tone, arguing that the 6 month Iran deal gives Israel an opening to solve the Palestinian crisis so that Israel and the Arab world can be united in putting pressure on Iran. The opposition Labour Party has blasted Netanyahu, as has at least one of his former associates, 

On April 27, former Shin Bet (Israel Security Agency) director Yuval Diskin said Netanyahu and Defense Minister Ehud Barak were not fit to stand at helm of the Israeli regime. 

“I will tell you things that might be harsh. I cannot trust Netanyahu and Barak at the wheel in confronting Iran. They are infected with messianic feelings over Iran,” Diskin said. 

Later on Sunday, Former Mossad chief Meir Dagan expressed support for Diskin, saying he was stating his “internal truth.” 

Israel’s Chief of Staff Lieutenant General Benny Gantz said on April 25 that he does not believe Iran will pursue nuclear weapons after years of efforts made by Tel Aviv and its allies to convince the world otherwise. 

Gantz described Iran’s leadership as “very rational” who would not make such a decision. 

There hasn’t been a havoc-free day in the last 3,000 years anywhere surrounding Israel, given its neighbors’ insistence that it be eliminated. Yet with careful diplomacy, Arab and Islamic enemies have succumbed and recognized Israel. It happened with Egypt and Jordan, it could happen with others if talks would take place, but as with all things in the Middle East, it’s just too complicated and fraught with peril. 

If Chris Collins was so effusive with his praise for Putin’s supposed out-maneuvering in Syria, which pledged to destroy its chemical weapons to avoid American military action, his heart should be just as full of praise for the Iran deal, because there isn’t a damn reason why anyone would trust Syria’s Bashir Assad more or less than any of Iran’s mullahs. 

Collins’ Food Stamp Cuts and Welfare for Billionaires

In September, Representative Chris Collins voted to cut $40 billion from the American food stamp program, which helps to feed underprivileged and poor Americans.

The Congressional Budget Office has estimated that the House legislation would deny benefits to 3.8 million Americans next year and save $39 billion over 10 years, or roughly 5 percent of the SNAP program’s cost in that time. Enrollment doubled to 47 million in the wake of the Great Recession as incomes plummeted and more Americans qualified for benefits, which average $133 per month. Most beneficiaries are children, elderly or disabled.

Buffalo’s Delaware North is estimated to earn about $2.6 billion this year. The Buffalo News writes that Delaware North is looking to move its downtown Buffalo headquarters a few blocks over

Delaware North is asking for an exemption of $807,000 in sales tax for building materials, but it has been questioned by some critics because Delaware North is a global company with $2.6 billion in revenues. However, Richard M. Tobe, deputy county executive and chairman of the ECIDA’s Policy Committee, noted Thursday that the request is consistent with what ECIDA typically approves.

But the larger plan has faced heavy opposition because of the unusual nature of the tax assistance that Uniland, in particular, is seeking. Besides sales and mortgage tax breaks, the developer proposes paying full property taxes but diverting a significant portion of them to finance a five-level parking ramp and then getting reimbursed by the state because Uniland says the property qualifies for special brownfields credits.

Mayor Byron Brown and Representative Chris Collins wrote a letter together, urging the Erie County IDA to hook Delaware North up with some tax breaks: 

Byron Brown’s and Chris Collins’ letter to the Erie County IDA

//www.scribd.com/embeds/182622891/content?start_page=1&view_mode=scroll&show_recommendations=true

So, Chris Collins opposes feeding the poor, but supports tax subsidies for billionaires to relocate to a new building a few blocks away, under threat of departure. 

Frankly, I think it would be tragic to lose Delaware North, but the chutzpah here is unbelievable. He’ll shut down the government to make sure you can’t get affordable, quality health insurance and then pretend he didn’t do just that. He’ll take food from the hands of the underprivileged and poor to help subsidize a billionaire. 

$807,000 is 0.031% of what Delaware North pulls in per year. These tea party princesses all think that charity should replace welfare. Maybe Collins can cover this out of his own pocket. 

Collins: Give me Your Strong, Your Rich

 

Captain Handout

Shorter Krugman

A safety-net program that is designed to help people from going hungry has grown as a result of the worst recession since the Great Depression, is working exactly as it should. Because average benefits amount to $4.45 per day, it’s hardly the malingering incentive Republicans accuse it of being, instead, it’s just proof of Republican mean-spiritedness and class warfare. 

Never forget that Chris Collins was one of only two New York Congressmen to vote for dramatic cuts to a program that works. Collins is someone who knows and cares nothing of the poor – to his mind, they are not his constituents, only “small businesses” are. The other is under investigation for massive, chronic tax evasion. In Collins’ mind, government only works when it’s an IDA, doling out welfare to “small businesses”. (Don’t IDA handouts generate complacent malingering in businesses?) Poor, hungry people might as well go to hell. 

War on Poverty Pivots to War on Poor People (and other things)

1. Congressional Republicans aren’t just satisfied to vote 41+ times to prevent all Americans from having affordable, quality health care. They aren’t just satisfied devising tricky, procedural ways to prevent subsidies for America’s conservative, market-based health insurance scheme from being funded. They are now focusing laser-like on the real culprits in America’s continued slide into Somalian-style libertarianism: working poor people receiving food stamps

Can you imagine? We feed the needy! We used to link farm subsidies with food stamps, because (a) compromise; and (b) food stamps are an indirect farm subsidy themselves. Clearly, this is something that the new plutocracy cannot tolerate. All of society’s ills stem not from, e.g., bank bailouts and corporate welfare, but from the working poor having a little extra help from the government so they can not only pay for rent and supplement all the expenses cut from school budgets, but also eat food!

…the House GOP proposal largely targets a part of the food stamp program that often serves the elderly and the disabled, who would have to resort to seeking food from already overburdened charities if the cuts actually became law.

“The food pantries are already struggling, and that’s where people are going to go,” said Kelly Ann Kowalski, director of Food for All, a Buffalo nonprofit that aims to address hunger in the community, in part by helping people sign up for food stamps.

As for the work requirement in the House bill, other than the seniors and the disabled, “there are few people who call us who aren’t working,” Kowalski said.

Republicans, however, see things very differently.

Rep. Chris Collins, R-Clarence, noted that the bill’s food stamp cuts are not aimed at the poorest of the poor. Instead, they’re aimed at parts of the food stamp program that allow people to qualify without an asset or income test.

“People are gaming the system,” he said. “People are saying that deserving, eligible people are going to get their food stamps cut. There’s no truth to that.”

Collins also noted that while the old farm bill is set to expire Sept. 30, the real deadline facing Congress is Dec. 31. That’s because farm programs are funded on a seasonal basis, meaning they’re already set for the rest of this year. In addition, he noted that food stamps are funded “on autopilot” and will continue even if the Sept. 30 deadline is breached.

What’s more, Collins said it’s important that the House pass the food stamp bill – which would be combined with a farm bill that it passed separately earlier in the summer – so that the House and Senate can move toward final negotiations on a new five-year farm bill.

Chris Collins, of course. He’s never met a poor he didn’t…. wait, he’s probably never met a poor, full stop.  (When was his last town hall meeting?) The Republicans hate everything except the very rich, now. 

2. Erie County’s Press Releasor-in-Chief Comptroller Stefan Mychajliw gets hit for taking dirty money from criminal Big Cancer, and the loss of staff – including the instigator of GarbageGate Teresa Fraas – leaves him not so much with “best and brightest” but with “nobody”

3. Season 2 finale of HBO’s the Newsroom, Will McAvoy is asked whether he is a Republican so he can maintain credibility when criticizing Republicans. He responds, 

No, I call myself a Republican because I am one.

I believe in market solutions and common sense realities and the necessity to defend ourselves against a dangerous world and that’s about it.

The problem is now I have to be homophobic.  

I have to count the number to times people go to church.

I have to deny facts and think scientific research is a long con.

I have to think poor people are getting a sweet ride.

And I have to have such a stunning inferiority complex that I fear education and intellect…in the 21st century.

But most of all, the biggest new requirement, really the only requirement is that I have to hate Democrats.

And I have to hate Chris Christie for not spitting on the president when he got off of Air Force One.

The two-party system is crucial to the whole operation.  There is honor in being the loyal opposition. And I’m a Republican for the same reasons you are.

I used to be a Republican, and I left the party in 2003, but it left me in 2000 when George W. Bush declared that his most influential political philosopher was “Jesus Christ”. So, when I criticize it relentlessly, it’s because watching its descent into a madness that has literally helped to destroy the middle class, I do so as if I’m watching a relative who’s become a schizophrenic, muttering nonsense to unheard voices, and refuses to get help. 

4. This is a great ad: 

[youtube=http://www.youtube.com/watch?v=Z3S1zcbWkoM&w=640&h=480]

Is the Town of Greece a Christian One?

Here’s a press release that Congressman Chris Collins issued:

Congressman Collins and 84 members of the House of Representatives file an Amicus Curiae brief to support religious freedom

Congressman Chris Collins (NY-27) showed his support for the town of Greece, NY in the upcoming Supreme Court case, Greece v. Galloway today by signing an Amicus Curiae brief in support of Greece.

Greece v. Galloway, which concerns the religious establishment clause in the Constitution, will be argued this fall.

“It is clear that the Town of Greece has not violated the United States Constitution,” said Congressman Collins. “People from all over the world come to this country to escape religious persecution and are entitled to pray together with their communities as they please.”

Starting in 1999, the Greece Town Board began its public meetings with a prayer from a “chaplain of the month.” Town officials invited member of all faiths, and atheists, and welcomed anyone who volunteered to give the opening prayer. Two town residents sued, stating the primarily Christian prayers violated the Establishment Clause of the Constitution.

The federal appeals court in New York agreed, because it found that almost all of the chaplains who offered to pray were Christian. Even though people of all faiths were welcome to offer their own prayers, the court found the prayer unconstitutional and the town of Greece was forced to stop.

Today, 85 Members of Congress filed an Amicus Curiae brief stating the history of religious freedom and the importance of legislative prayer as observed daily on a national level.

“Each legislative day, the Senate and House of Representatives open with a prayer from ministers of all faiths, from all over the country,” continued Congressman Collins. “As our federal legislative bodies welcome all, so did the Town of Greece. We must remain a nation that does not force a religion on any person, but is accepting of those who wish to publicly profess their faith and ask for guidance.”

Town of Greece v. Galloway is scheduled for oral arguments in the Supreme Court toward the end of this year.

On cross-motions for summary judgment, a District Court Judge ruled in favor of the town, dismissing the Complaint. The plaintiffs appealed, and the 2nd Circuit Court of Appeals reversed, holding that,

…the town’s prayer practice must be viewed as an endorsement of a particular religious viewpoint. This conclusion is supported by several considerations, including the prayer-giver selection process, the content of the prayers, and the contextual actions (and inactions) of prayer-givers and town officials. We emphasize that, in reaching this conclusion, we do not rely on any single aspect of the town’s prayer practice, but rather on the totality of the circumstances present in this case.

The town’s process for selecting prayer-givers virtually ensured a Christian viewpoint.

adding,

We do not hold that the town may not open its public meetings with a prayer or invocation. Such legislative prayers, as Marsh holds and as we have repeatedly noted, do not violate the Establishment Clause. Nor do we hold that any prayers offered in this context must be blandly “nonsectarian.” A requirement that town 34*34 officials censor the invocations offered— beyond the limited requirement, recognized in Marsh, that prayer-givers be advised that they may not proselytize for, or disparage, particular religions—is not only not required by the Constitution, but risks establishing a “civic religion” of its own. Occasional prayers recognizing the divinities or beliefs of a particular creed, in a context that makes clear that the town is not endorsing or affiliating itself with that creed or, more broadly, with religion or non-religion, are not offensive to the Constitution. Nor are we adopting a test that permits prayers in theory but makes it impossible for a town in practice to avoid Establishment Clause problems. To the contrary, it seems to us that a practice such as the one to which the town here apparently aspired—one that is inclusive of multiple beliefs and makes clear, in public word and gesture, that the prayers offered are presented by a randomly chosen group of volunteers, who do not express an official town religion, and do not purport to speak on behalf of all the town’s residents or to compel their assent to a particular belief—is fully compatible with the First Amendment.

What we do hold is that a legislative prayer practice that, however well-intentioned, conveys to a reasonable objective observer under the totality of the circumstances an official affiliation with a particular religion violates the clear command of the Establishment Clause. Where the overwhelming predominance of prayers offered are associated, often in an explicitly sectarian way, with a particular creed, and where the town takes no steps to avoid the identification, but rather conveys the impression that town officials themselves identify with the sectarian prayers and that residents in attendance are expected to participate in them, a reasonable objective observer would perceive such an affiliation.

So – the Court didn’t say Greece couldn’t start its town board meetings with an invocation or prayer – it’s just that town hall can’t turn itself into a particular church for that period of time. They must be random, they must be voluntary, and they must be inclusive enough so as to not convey the idea that the town considers itself to be a Christian town.

Collins’ release is dated August 2nd, and the SCOTUSBlog doesn’t have the specific brief online. I look forward to reading Mr. Collins’ thoughts on what the 2nd Circuit decided.

Is the Town of Greece a Christian One?

Here’s a press release that Congressman Chris Collins issued

Congressman Collins and 84 members of the House of Representatives file an Amicus Curiae brief to support religious freedom

Congressman Chris Collins (NY-27) showed his support for the town of Greece, NY in the upcoming Supreme Court case, Greece v. Galloway today by signing an Amicus Curiae brief in support of Greece.

Greece v. Galloway, which concerns the religious establishment clause in the Constitution, will be argued this fall.

“It is clear that the Town of Greece has not violated the United States Constitution,” said Congressman Collins. “People from all over the world come to this country to escape religious persecution and are entitled to pray together with their communities as they please.”

Starting in 1999, the Greece Town Board began its public meetings with a prayer from a “chaplain of the month.” Town officials invited member of all faiths, and atheists, and welcomed anyone who volunteered to give the opening prayer. Two town residents sued, stating the primarily Christian prayers violated the Establishment Clause of the Constitution.  

The federal appeals court in New York agreed, because it found that almost all of the chaplains who offered to pray were Christian. Even though people of all faiths were welcome to offer their own prayers, the court found the prayer unconstitutional and the town of Greece was forced to stop.

Today, 85 Members of Congress filed an Amicus Curiae brief stating the history of religious freedom and the importance of legislative prayer as observed daily on a national level.

“Each legislative day, the Senate and House of Representatives open with a prayer from ministers of all faiths, from all over the country,” continued Congressman Collins. “As our federal legislative bodies welcome all, so did the Town of Greece. We must remain a nation that does not force a religion on any person, but is accepting of those who wish to publicly profess their faith and ask for guidance.”

Town of Greece v. Galloway is scheduled for oral arguments in the Supreme Court toward the end of this year.

On cross-motions for summary judgment, a District Court Judge ruled in favor of the town, dismissing the Complaint. The plaintiffs appealed, and the 2nd Circuit Court of Appeals reversed, holding that,  

…the town’s prayer practice must be viewed as an endorsement of a particular religious viewpoint. This conclusion is supported by several considerations, including the prayer-giver selection process, the content of the prayers, and the contextual actions (and inactions) of prayer-givers and town officials. We emphasize that, in reaching this conclusion, we do not rely on any single aspect of the town’s prayer practice, but rather on the totality of the circumstances present in this case.

The town’s process for selecting prayer-givers virtually ensured a Christian viewpoint.

adding, 

We do not hold that the town may not open its public meetings with a prayer or invocation. Such legislative prayers, as Marsh holds and as we have repeatedly noted, do not violate the Establishment Clause. Nor do we hold that any prayers offered in this context must be blandly “nonsectarian.” A requirement that town 34*34 officials censor the invocations offered— beyond the limited requirement, recognized in Marsh, that prayer-givers be advised that they may not proselytize for, or disparage, particular religions—is not only not required by the Constitution, but risks establishing a “civic religion” of its own. Occasional prayers recognizing the divinities or beliefs of a particular creed, in a context that makes clear that the town is not endorsing or affiliating itself with that creed or, more broadly, with religion or non-religion, are not offensive to the Constitution. Nor are we adopting a test that permits prayers in theory but makes it impossible for a town in practice to avoid Establishment Clause problems. To the contrary, it seems to us that a practice such as the one to which the town here apparently aspired—one that is inclusive of multiple beliefs and makes clear, in public word and gesture, that the prayers offered are presented by a randomly chosen group of volunteers, who do not express an official town religion, and do not purport to speak on behalf of all the town’s residents or to compel their assent to a particular belief—is fully compatible with the First Amendment.

What we do hold is that a legislative prayer practice that, however well-intentioned, conveys to a reasonable objective observer under the totality of the circumstances an official affiliation with a particular religion violates the clear command of the Establishment Clause. Where the overwhelming predominance of prayers offered are associated, often in an explicitly sectarian way, with a particular creed, and where the town takes no steps to avoid the identification, but rather conveys the impression that town officials themselves identify with the sectarian prayers and that residents in attendance are expected to participate in them, a reasonable objective observer would perceive such an affiliation.

So – the Court didn’t say Greece couldn’t start its town board meetings with an invocation or prayer – it’s just that town hall can’t turn itself into a particular church for that period of time. They must be random, they must be voluntary, and they must be inclusive enough so as to not convey the idea that the town considers itself to be a Christian town. 

Collins’ release is dated August 2nd, and the SCOTUSBlog doesn’t have the specific brief online. I look forward to reading Mr. Collins’ thoughts on what the 2nd Circuit decided. 

 

Chris Collins Plays Dress-Up & Other Things

Welcome to Buffalo: Read it in the style of Droopy Dog

1. I visited the Depew Amshack for the first time yesterday, and was struck by how utilitarian and pedestrian it all seems. Taking Amtrak from Buffalo to New York is time-consuming, given that freight takes precedence over passenger service, but there are definite advantages to taking the train. If we are someday lucky enough to join the 21st century and introduce high-speed rail service, it could feasibly take 2 – 4 hours to get from here to Manhattan at speeds of 150 – 200 MPH, instead of 8 – 9. It’s a crime that the gorgeous Central Terminal hasn’t seen a rail passenger since 1979, and instead we have a dumpy shack unceremoniously plopped off Dick Rd between Broadway and Walden.

Correction: I wrote it was utilitarian. But it’s not.

Well, it is insofar as there exists a platform from which you can access the train, and a person who will sell you a ticket, and even a restroom. But there’s not even so much as a newspaper box at the station to pick up the Buffalo News or USA Today. Older passengers have a tough time climbing up into the train – the platform isn’t at door-level.

You know, Rail travel doesn’t have to suck any more than going through toll booths has to suck

2. Apparently, when it comes to this year’s election for Mayor of Buffalo, people are less concerned with the color of the candidates’ skin, and more interested in what they want to do as candidates. The Buffalo News is ON IT. 

3. While not gleefully voting to withhold health insurance from millions of Americans, millionaire Chris Collins played dress-up on Monday, donning the brown uniform of a UPS deliveryperson, and pretended to be a common working man. No word on whether he added a “Six Sigma” logo to the uniform, as he did when he sold county merch for employees to wear. The picture shown below might even be considered offensive, given the fact that Collins is a consistent defender of the millionaire class, and acting against the interests of anyone who has to wear a nametag to work.  

The Obamacare Trainwreck

While freshman congressmen vote – yet again – to weaken or eliminate Obamacare, the news was actually quite good yesterday.

Good in a “it’s not Medicare-for-all, but it’s a vast improvement over the status quo” sort of way.

Yesterday, New York State revealed that rates for individual health insurance plans will plummet by over 50% next year, thanks to Obamacare. These are the “exchanges” you’ve been hearing about. If you can’t afford a plan, there will be a sliding scale of federal subsidies to help you pay for it. Why? Because it is far cheaper for the government to subsidize health insurance plans than to reimburse municipalities for unpaid bills resulting from uninsured people using the emergency room as a primary care facility. In the long run, prevention is cheaper than dealing with acute problems.

About 40 – 50 million Americans remain uninsured, and caring for their emergencies is something that we all subsidize. Our healthcare system is the most expensive in the world, and gets results that have plenty of room for improvement. For instance, Canada – with its socialized single-payer system – has lower maternal mortality than the US. Canada also spends a bit more than half on health care per capita than the US.

We’ll let Professor Krugman explain why this is going to work – and work spectacularly well.

To understand what’s happening in New York, you have to start with what almost everyone at least pretends to believe: Americans shouldn’t find it impossible to get health insurance because of pre-existing conditions that aren’t their fault. Two decades ago, New York tried to deal with this by imposing community rating: insurance is available to everyone, and the price doesn’t depend on your medical history.

The problem was that this created a death spiral: young, healthy people didn’t buy insurance, worsening the risk pool, driving up premiums, driving out more relatively healthy people, etc., until you were left with a rump of very ill people paying very high rates.

How do you deal with this? Well, ideally, Medicare for all. But since that wasn’t going to happen, you improve the risk pool by requiring everyone to buy insurance — the individual mandate. And since some people won’t be able to afford that, you also offer subsidies. Voila! ObamaRomneycare!

Where does the money for the subsidies come from? Partly by reducing corporate welfare: reducing overpayments for Medicare Advantage, reducing tax breaks for very generous insurance plans; partly with new taxes on the wealthy.

And while a few people will be hurt — young, healthy individuals too affluent to qualify for subsidies, wealthy taxpayers, etc. — a much larger number of people will be helped, some of them enormously.

Does this amount to “redistribution”? Well, yes — not as an end in itself, but yes, a lot of people will be made better off at the expense of an affluent few.

The reason why Obamacare will be popular? People who are happy will stay happy, while people who are uninsured will become happy with their new coverage.

Implementation won’t much affect the 78 percent of Americans currently covered through Medicaid, Medicare, or employer group health plans,” and among the remaining 22 percent, the predominant effect will be to get some subsidized health insurance.

Because the Obama administration decided to postpone the employer mandate for health insurance on businesses with over 50 full time (over 30 hrs/week) workers, congressional Republicans – who have a pathological, partisan, political vested interest in the failure of universal health insurance – voted yesterday to delay the implementation of the individual health insurance mandate, which is Obamacare’s quid for the insurers’ pro quo of guaranteed coverage for people with pre-existing conditions. That mandate is why rates are going down in New York next year.

Among the people voting to postpone affordable insurance for millions of Americans was Chris Collins (NY-27), who has taken it upon himself as a clout-free congressional freshman to demonize Obamacare at every step.

The failure of Obamacare is a particularly acute need for Collins because he believes that he defeated Kathy Hochul on that issue alone. If the people in the 27th district suddenly have access to cheap, subsidized, quality health insurance, and discover that Obamacare isn’t the Stalinist Kenyan train wreck Collins has sold, they may very well turn on him and demand to know what his problem is.

Collins constantly talks about all the people who write to him, explaining that they will lose their hours at work thanks to Obamcare’s employer mandate. So, if he’s so concerned about these people, why doesn’t he sponsor legislation to protect those workers from that sort of thing? Could you imagine? Chris Collins sponsoring a worker protection law? I know, it’s a ridiculous notion because Collins exists only to protect business owners and the very wealthy. The idea of individual people having the government meet a need that private industry can’t or won’t is anathema to Collins and his conservative cohorts.

So, you’ll see Collins and other congressional Republicans constantly refer to Obamacare as a “trainwreck”, a catchphrase likely forged by Frank Luntz in the fires of Mount Doom. When Obamacare is implemented, and people begin to benefit from it, the conservatives will be exposed for the lying frauds they are.

The best part about this is that Republicans are so short-sighted and beholden to political expediency that they don’t realize that their constant “trainwreck” language is lowering the public’s expectations of Obamacare. If they are made to think it’s a disaster, and it doesn’t become a disaster, they’ll all look like idiot chicken littles.

Medicare Part D and the Children’s Health Insurance Program … got through their rocky implementations in large part because benefits obtained with bureaucratic difficulty are better than no benefits at all. He’s right, and this is why conservatives are “magnanimously” offering to delay implementation of Obamacare. They realize that once people have guaranteed access to health coverage, they won’t want to give it up, even if there are implementation problems.

The political landscape is already dire for those who still hope to repeal Obamacare, and they’re actually making their position worse by talking constantly about what a nightmare implementation is going to be. This fall, as the exchanges come on line, tens of millions of people are going to find they can get health coverage they never could before. They are likely to be quite happy about that, especially if they’ve been hearing for months in advance that it will be a mess.

So, when Obamacare is implemented and people are happy about it, I hope the voters take Collins’ scare tactics and throw them back in his face.

As an aside, I have asked Collins and his people numerous times in various media whether he holds health insurance through the federal government for himself and his family. I will conclude from the deafening silence that he does, and that excellent, federally subsidized health insurance is something to which he and his family are entitled – but you and I are not.

Not only that, but he will work tirelessly to prevent you and me from being guaranteed quality health insurance. Who goes into public service to screw the public?

 

Chris Collins Polls NY-27

Hey, I got mail from my Congresscritter, Chris Collins. I was very happy to receive it, because it made me feel important – like Collins really wanted my opinion!  Brad Riter and I discussed the letter in a podcast we recorded for Trending Buffalo

I Got a Letter from the Government

Anyone who has paid even casual attention to Chris Collins’ political career knows that he’s looking out for only one type of person – the taxpayer. He even started his own minor party line called “Taxpayers First”, and has carefully staked out a position whereby he is perceived to be the grand protector of the tax dollar. 

That’s why our Spaulding Lake millionaire congressional nobleman spent taxpayer money to mail this survey to me! He’s protecting my tax money by spending my tax money! It’s ingenious

The cover letter doubles down on the whole taxpayer theme – “Dear Taxpayer” isn’t just profoundly impersonal, it reduces my identity to a chore. “Dear Laundry-Folder”. “Dear Grocery Shopper”.  

Collins figured he eked out his defeat of incumbent Kathy Hochul by staking out a strong anti-Obamacare position. Indeed, the district isn’t one that’s thrilled with Obama or with health care reform, so there isn’t a breath that leaves Collins’ lungs without denigrating and calling for the complete repeal of Obamacare. He says he’s fought to reduce government regulations, but he’s also voted for massive farm subsidies in an effort to protect your “tax dollars”. 

So, he sent a survey along. Note the registration barcode – more on that below – it all looks so important and official. DO NOT DESTROY. OFFICIAL FEDERAL DOCUMENT. The only thing missing is the imprisonment threat you find on mattress tags. 

But what it really amounts to is a written push-poll. The questions are carefully crafted to mirror GOP talking points, so that Collins can lend himself a smidgen of extra legitimacy as he’s promoting the interests of the very wealthy at the expense of the middle class.  This is a document that represents true class warfare – the wealthy manipulating the aspirations of the poor and middle class to get them to support policies that are against their best interests. 

Is the country on the right or wrong track? Well, gosh, I like Obama, and he’s President, so I’ll put “right track”. But I can’t stand Republican obstructionist nihilism, so I think the country is also on the wrong track. What to do? Some questions were self-explanatory, but then you get to the “vouchers” question, and again – there’s nuance there. I think vouchers should be available to parents of children in failing schools. I do not, however, think that they should be standard for all public school districts. The Republicans are pushing vouchers because they do not believe in public education, and would just as soon pull money out of the system and into vouchers because it would have the joint effect of (a) destroying public education; and (b) busting teachers’ unions. After all, that’s what it’s all about for the millionaire party – making sure the working man and woman know their place and stay quiet; class warfare. 

Then you get to the questions about fundamental changes to Medicare and Social Security.  I’m under 55, and I’ve been paying into both programs towards my retirement since the mid-80s. How on Earth is it fair to anyone currently in the workforce to so fundamentally change a program that people have been paying into? Why is it ok to weaken Social Security and Medicare for someone 54 years old who has been paying into the system for almost 40 years?  

By the way – that important-looking barcode? I scanned it. It’s the barcode for the number 1. 

So, we turn to the second, perhaps stupider, page of this intern-drafted excreta. I don’t agree with private social security accounts because, among other things, I don’t want the government to be called upon to bail out people who do so when the happen to retire during a financial market meltdown such as the one that occurred in late 2008. Do I support Obama’s use of Executive Orders?  Only insofar as they are lawful, which they are. Do I think Congress should expand government, limit government, or keep everything the same? Well, because I’m not a cretin, I think that the issue is far more complicated than that, so I marked “unsure” and annotated my answer. 

Now, admittedly, I mis-read the “energy” question and marked two instead of one, but both of them are ones that I think the government should pursue, and no one’s really looking at this anything, they’re just harvesting email addresses. The United States is drilling more oil now than in 2005, and natural gas exploitation is booming thanks to hydrofracking. Fukushima and BP have shown us that off-shore drilling and nuclear power aren’t perhaps the best solutions to our energy needs, and while it’s important to exploit what we have, it’s also important to find alternatives and use less. 

I annotated another question by adding an answer.  In a question asking what the government should do to help stimulate the economy, there was only a simplistic binary choice – spend more, or reduce taxes on “private businesses and families” as opposed to what, public businesses and single people? So, I said – tax cuts on the middle class. Put more money in regular people’s pockets. 

There are two questions relating to non-scandal scandals. Benghazi and the IRS.  The 27th District is unaffected by either one of those things, and we live in a community with real problems that affect real people. These are partisan distractions by any measure, but to suggest in a push-poll that Congress should do more of that is just sad. 

On immigration, notice the wording – should illegals with no criminal history be allowed to “pay a fine and become a taxpayer?” I annotated that. Everyone on American soil – documented and undocumented – is a “taxpayer” in that they have a legal obligation to pay tax on income. Undocumented aliens are already “taxpayers” – the word he was hunting for was “citizen”. But in the very next question, he uses that term – asking whether undocumented aliens should be able to buy themselves a Green Card, but not citizenship. 

Should the government devote more attention to enforcing immigration law and securing borders? How do you say no to that? Yes, the government should do its job. Hurray. 

I enclosed a note.  

When your Congressman doesn’t have a care in the world, it must be difficult for him to manufacture empathy for people who do. His singular goal is to repeal Obamacare. I have asked him and his staff many times – on Twitter and elsewhere – two things: (a) does Chris Collins believe that every American should have access to affordable, quality health insurance; and (b) if Obamacare is not the good solution to the crisis of uninsurance and underinsurance in this country, what is his solution? What does CollinsCare look like? I have yet to receive an answer to either of these questions.

Furthermore, I don’t know whether Collins and his family are recipients of one of the federally subsidized health insurance plans that exist for the benefit of Congresspeople. I asked it on Twitter, but also placed a call to his Washington office July 11th at 9:38 and left a message for his press person to contact me. It’s now July 16th and I have not been granted the courtesy of a reply.

Is quality, federally subsidized health insurance something to which Collins and his family are entitled, but not us plebes? Does my Congressman think that people should have access to quality health care, and that the cost should be subsidized depending on ability to pay? Does he even think 50 million uninsured Americans who use the emergency room for primary care is a problem? 

Frankly, I don’t think Obamacare is the solution, either, but the status quo is worse. I now think Obamacare was a Democratic sellout to conservatives who turned their backs on their own idea in order to harm the Democratic President and, by extension, the country. Republican obstruction and attempts to kill Obamacare have served to condense my opinion into something different altogether. 

Health insurance in this country should not be tied to employment. Employers should be free from buying private insurance for their employees, and people should not have to choose employment based on whether or not they will receive health insurance. The solution is Medicare expansion to all Americans. Everyone joins, everyone pays. You want to use a private clinic and pay a private insurer for something extra? Knock yourself out – as long as every American has a guarantee of access to health care they need. 

I wish that my Congressman took his office seriously. It’s not just about protecting “taxpayers” from whatever he wants to demean as socialism. It’s about helping people who are in need or powerless. It’s about finding solutions to longstanding problems that the private sector can’t – or won’t – solve. I wish that I had a Congressman who thought that it was important for me and my family to have access to the same quality of healthcare as he. I wish that I had a Congressman who didn’t wage class warfare against the poor and middle class, instead holding onto an anachronistic and unproven “supply side” theory of trickle-down economics. I wish Batavia was as important to him as Benghazi. 

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