Food for Thought Re: Lenihan's Departure

Erie County Democratic Chairman Len Lenihan is leaving, and a reorganization meeting will take place in mid-September – shortly after the primaries – to elect his successor. 

Several candidates have come forward seeking that office, and I’ve already seen quite a few bitter, angry comments about them all from a variety of people. As if any of it matters. Really, as if any of it matters

Well, I should qualify that. If you rely on the party boss for your job, I suppose it matters. And smug Republicans should look around, because they’re no different on this point. Next GOP hack who tells me how bad Obamacare and socialism are while collecting a state check with state benefits and state pension will be invited to go expletive himself. 

But to average western New Yorkers, it has very little bearing on anything. Our byzantine election law and ballot-access systems will remain the same. The way in which candidates are selected will remain the same. There will continue to be dealmaking and secrecy and quids pro quo inherent in the job of party committee chair. The only difference will be whether the new chairman will be able to hand out enough gimmes to splinter factions to ensure more frequent loyalty.  And even on that point, an operative who is aligned with, or who appeases, a faction led by someone who actively supports Republicans or regressive homophobic Democrats is not a chairman Democrats should want. 

I’m absolutely not looking forward to the next few months, because there are a handful of important races for Democrats that can do without clumsy, hyper-nerdy gang warfare between party factions. But it would behoove the various faction partisans to set aside past hatreds and insults and select someone who can at least have a chance to unite the party, elect Democrats, and raise money to do so. 

Taxes Are Bad! (Unless It's a Poll Tax)

Next up? Those pesky Child Labor Laws!

Just a few weeks ago, the vast majority of Americans were redirected to their dusty copies of the Constitution, and perhaps many of them felt compelled to re-read Article 1, Section 8, which enumerates the rights and powers of Congress.  Among its express powers is the power to levy taxes. 

As Chris Smith wrote in Thursday’s Morning Grumpy, there is a massive right-wing push to establish voter ID laws throughout the country, this despite the fact that actual, credible instances of voter fraud represented .000002% of all votes cast in 2011.  In Texas, it’s .0001% since 2002. If voter fraud was as prevalent as certain conservatives claim it to be, we’d retain the services of the UN or EU to monitor our elections for irregularities, like some third world kleptocracy with an disproportionately powerful, wealthy elite and massive income inequalit…. wait, what? 

In fact, the most visible forms of voter fraud have been perpetrated by idiot propagandists like James O’Keefe, who sends people to appear at polling places claiming to be someone they’re not and attempting to vote, to show how easy it is to commit voter fraud. You know, someone could prove how easy it is to blow up a bridge by blowing up a bridge, but that’d be silly and dangerous.

Our conservative-led march into some Dickensian fever-dream of an exploitative third world banana republic notwithstanding, the right to vote is basic and fundamental. It is a constitutional guarantee held by every law abiding citizen – you can only lose the right to vote in certain states, under certain circumstances involving the “law abiding” part.  And historically, our voting laws – indeed, in most cases our Constitution itself – have steadily and consistently expanded the people’s rights over the past 200+ years, to non-property holders, to naturalized citizens, to non-whites, to women, to people 18 and over, to DC residents, etc. 

In Republicanland, you need a photo ID to vote, but any idiot can walk into a Wal*Mart and buy an assault weapon. 

We’ve talked a lot throughout the health care debate about government mandates requiring people to engage in certain economic activity. While the Republican Party now vehemently opposes the insurance mandate it had valiantly championed at a time before President Obama moved to Washington, it is now instead championing a photo ID mandate for any eligible voter. 

The 24th Amendment to the Constitution reads, in relevant part: The right of citizens of the United States to vote in any primary or other election for President or Vice President, for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any State by reason of failure to pay any poll tax or other tax.”

That photo ID mandate doesn’t come particularly cheaply, nor is it carefully crafted to avoid constitutional harm or to fix a big public problem. The Texas law, for instance, was invalidated under the Voting Rights Act because it was discriminatory. It was found that as many as 1.4 MM registered Texas voters did not have photo ID, and the vast majority of them happened to be Hispanic or black.  According to Texas’ own numbers, a Hispanic voter is between 47 – 120% more likely to not have photo ID than a non-Hispanic voter.  

Hispanics in Texas, who vote solidly Democratic, are not only more likely to lack ID compared to white voters, but will have a harder time obtaining the voter ID required by the state. There are DMV offices in only eighty-one of the state’s 254 counties. Not surprisingly, counties with a significant Hispanic population are less likely to have a DMV office, while Hispanic residents in such counties are twice as likely as whites to not have the right ID. Hispanics in Texas are also twice as likely as whites to not have a car. “During the legislative hearings, one senator stated that some voters in his district could have to travel up to 176 miles roundtrip in order to reach a driver’s license office,” wrote DOJ.

The law also places a significant burden on low-income residents. Texas is required to provide a free ID to voters, but an applicant must possess supporting documentation in order to qualify. “If a voter does not possess any of these documents, the least expensive option will be to spend $22 on a copy of the voter’s birth certificate,” DOJ noted. That expenditure can be rightly construed as a poll tax, which the Voting Rights Act of 1965 prohibited.

So, in order to “fix” a non-existent voter fraud “problem”, the Republican Party is perfectly willing to mandate that people spend money to obtain an ID at some expense in order to exercise a fundamental civil right we call “casting a vote.” I don’t know what you call that, but I call it a “tax”. 

Poll taxes were part of the Jim Crow laws, designed to disenfranchise the poor and the Black. A Supreme Court ruling in 1937 held them to be constitutional, and several southern states charged certain portions of the population to exercise their right to vote. In 1964 poll taxes were banned by the 24th Amendment to the Constitution, and the Supreme Court extended that abolition to state elections in 1966.  Here is a chart of states requiring ID – some pass legal muster, others don’t. 

But let’s not play make-believe any more. The Republican proponents of these modern-day poll taxes are advocating for a regression back to Jim Crow. They are doing so by manufacturing a legal-sounding pretext of fraud, but the real purpose of these statutes and similar efforts in Florida to purge the voter registration rolls of supposed ineligible people (and getting it wrong), is to help Republicans and hurt Democrats. 

Not only is it a despicable display of anti-Americanism to impose an ID mandate and tax on the poor, the black, and the Hispanic to prevent them from voting Democratic, but it is a cynical admission that the Republican Party has shrunken into a regional, reactionary, theocratic party of the xenophobic and the rich. That the easiest way for them to obtain power is to cheat the system and prevent voters from reaching a ballot box. 

Where’s that posse of constitution-champions calling themselves the “tea party” now? 

Erie County Health Commissioner on Breast & Prostate Cancer

Erie County Health Commissioner Dr. Gale Burstein saw what the previous County Executive had to say about how people no longer die from breast and prostate cancer and “some of the other things”, and today issued the following press release: 

BURSTEIN CALLS ATTENTION TO CANCER RATES IN ERIE COUNTY

Prostate, Breast Cancer Mortality Rates Indicate that Residents Still Suffer

ERIE COUNTY, NY— Erie County Health Commissioner Dr. Gale Burstein today issued a statement regarding the incidence and mortality rates of prostate and breast cancer in Erie County, underlining their serious nature and the fact that people still suffer from these diseases. Former-Erie County Executive Chris Collins recently stated in an interview, “People now don’t die from prostate cancer, breast cancer and some of the other things.”[1]

“All types of cancer, including prostate and breast cancer, have significant mortality rates associated with them.  During 2005-2009, Erie County saw an annual average of 826 cases of female breast cancer, with an average of 176 deaths per year. For prostate cancer in the same period, the annual average was 930 cases, with an average of 103 deaths per year.”

“These numbers represent the sad reality that, despite advances in cancer treatments, people still die from these types of cancers.  It is imperative that people not only be aware of the potential risks from all types of cancers but get appropriately screened and checked as recommended by your doctor for breast and prostate cancer.”

For more information on Erie County cancer statistics, visit: http://www.health.ny.gov/statistics/cancer/registry/vol1/v1cerie.htm

For more information on the Erie County Health Department, visit:  http://www2.erie.gov/health/

(Image courtesy Tom Dolina)

Collins: People Don't Die from Prostate, Breast Cancers Anymore (UPDATED)

On June 24th, The Batavian published an interview with Republican nominee Chris Collins (R-Spaulding Lake).  Among the topics discussed was Obamacare, which Collins, “clearly dislikes”. 

The healthcare reforms Collins said he would push would be tort reform and open up competition in insurance by allowing policies across state lines.

Collins also argued that modern healthcare is expensive for a reason.

People now don’t die from prostate cancer, breast cancer and some of the other things,” Collins said. “The fact of the matter is, our healthcare today is so much better,  we’re living so much longer, because of innovations in drug development, surgical procedures, stents, implantable cardiac defibrillators, neural stimulators — they didn’t exist 10 years ago. The increase in cost is not because doctors are making a lot more money. It’s what you can get for healthcare, extending your life and curing diseases.” [Emphasis added].

So, if you know someone who has recently died from prostate or breast cancer, that’s a lie.  Put away your pink ribbons, Komen! No need to raise awareness of the importance of PSA screenings, fellas! People just don’t die from these anymore, says a purportedly serious person with no medical training whatsoever, who is running for federal office!

Also, the implantable cardiac defibrillator and neural stimulators, or TENS devices, were both invented and patented in the late 60s or early 70s; therefore, they existed “10 years ago”. 

GLOW-area Democratic activist Adama Brown already did the research, so I’ll quote his results

National Cancer Institute figures show a very different story: Breast cancer kills about 40,000 women a year in the US. Prostate cancer kills about 30,000 men. Five year mortality rates are 23% for breast cancer, 26% for prostate cancer. Only colorectal cancer and lung cancer kill more Americans.

That means that if you get one of these two cancers, even with complete modern medical treatment, drugs, therapies, etcetera, your average odds of being dead within five years after diagnosis are about one in four.

That’s a higher chance of death than you would have with an average gunshot wound–only 22% of gunshot wounds are fatal. And a gunshot can’t come out of remission and kill you years later even if you survive the first time.

Asserting that the 70,000 people per year who die from breast and prostate cancers, “now don’t die” isn’t the only blatantly misinformed lie that Collins passed off as “fact”. 

What Obamacare does is produce $500 billion in savings over 10 years, and slowing spending is something Republicans are supposed to favor. Collins is lying because he thinks you’re stupid.  He’s lying because he’s parroting talking points from right-wing lobbyist groups with whom he hopes to do business

He said Obama wants to cut $500 billion from Medicare, which, he said, would decimate Medicare Advantage.

Also, he said, Obama would trim $350 million from reimbursements to doctors, which Collins believes will encourage doctors to stop seeing Medicare patients.

“They don’t have to take Medicare patients. So in the supply-and-demand world, if you’re busy what do you do? You usually elminate your least profitable customer,” Collins said. “So the thought that the federal government can set the reimbursement rates for doctors and cut 30 percent out their income and nothing’s going to change is just nonsense. Right there and then you’ve got to get rid of Obamacare.”

First of all, Obamacare doesn’t “cut $500 billion from Medicare”, an assertion Politifact has called, “mostly false”.  What Obamacare does is slow the growth of Medicare spending by $500 billion over 10 years – Medicare spending will continue to grow during that period. It also closes the “donut hole” for prescription medication coverage, and places a greater emphasis on proactive preventative treatment.  The rest of it is just Heritage Foundation fearmongering, most of which has already been judged “pants on fire”, designed to scare seniors into supporting Collins and the Republican plan to voucherize Medicare. 

Collins wants a flat tax, so that he pays the same rate on millions in income as you do on thousands. It should be noted that Collins hasn’t released his tax returns, and it’s widely speculated that the reason for his reluctance to do so is that he probably makes much of his money through investments, which are taxed at around a 15% rate. 

On trade, Collions wants the U.S. to stand up to China.

“The key words there are China cheats,” Collins said. “They cheat by manipulating their currency, which gives them, I believe, a 30-percent cost advantage over the American manufacturer. They steal our intellectual property.  And they don’t open their own markets to our manufacturers.”

The response, Collins said, is tarriffs until China capitulates and trades as an equal partner with the U.S.

“I believe China needs us more than we need them,” Collins said. “They need our consumers. Quite frankly, we don’t need them.” 

Remember that story about Collins ripping off a bunch of local investors in a neighbor’s invention, and how he illegally held the meeting telling them to go ahead and sue him in the County Executive’s office? They make the Balance Buddy in China

So many lies, all concentrated into one interview in one article. I don’t know how this was overlooked prior to the Republican primary on the 26th, but you can bet it’s going to come up a lot during the general election campaign.  A tip of the hat to Batavia political activist Dan Jones for drawing attention to it. 

UPDATED:  See the press release issued today by Erie County Health CommissionerDr. Gale Burstein,

Also, Kathy Hochul responds: 

STATEMENT FROM CONGRESSWOMAN KATHY HOCHUL ON CHRIS COLLINS’ COMMENTS REGARDING CANCER

 “Chris Collins has demonstrated a stunning lack of sensitivity by saying, ‘people now don’t die from prostate cancer, breast cancer, and some of the other things.’ Tragically, nearly 70,000 people will die this year from these two types of cancer alone.  We can disagree about public policy without making these kinds of outrageous and offensive statements.”

Romney & Collins

Mitt Romney flew into Buffalo for as long as wealthy Massachusetts/Californian/Utahn multimillionaires can stand being in Buffalo – a couple of hours. 

His mission during his nose-holding tour of a flyover New York burg was to do something else he habitually does – collect a whole lot of money and pull it out of the WNY economy. Every loathsome corporate welfare recipient and electoral fusion enthusiast was in attendance, gladly plunking down thousands of dollars to ensure future favors, future corporate welfare, and to make sure the President of color is defeated. 

Among them was our own little local Napoleon, Chris I, Duke of Spaulding. Seen here eagerly double-clutching his wine goblet, with a look of absolute lurve in his eyes. What could they have been discussing? Our President’s birth certificate? The commoditization of labor? How well they have the plebes fooled? We’ll never know, but chances are, we’re going to get a lot of mileage from this simply bizarre image. 

Chris Collins' Internet Inefficiencies

ICYMI on Saturday, the Buffalo News’ Jerry Zremski wrote a piece about NY-27 detailing some of Chris Collins’ online travails, including the fact that his campaign website appeared absolutely nowhere on Google – something that’s been known for weeks, but not repaired.  

Perhaps he should have set up a Six Sigma inquisition into a more efficient way to set up and promote his web presence. 

What does show up when you Google “Collins for Congress”?  This website, prepared by a Florida Tea Party website, which details a variety of reasons why Collins is horrible. 

The Republican primary to select the candidate who will take on Kathy Hochul in November takes place this Tuesday. There seems to be a wide enthusiasm gap between Bellavia’s and Collins’ supporters, but Collins is out-spending Bellavia, at least as far as mailers are concerned – one political activist in the GLOW counties says it’s a 4:0 split. Collins is relying on money and mailers to get his message out, while Bellavia has been out pounding the pavement and shaking hands. Tuesday, we’ll see which one prevails. 

Unraveling the Phony "Fast & Furious" Fury

Short version: It’s all a big conspiracy to scare people into supporting some hypothetical, non-existent gun control effort Obama is planning. 

Alternate short version: Because the Republican Party is no longer about government, policy, or governing, it must gin up scandals like Whitewater, Paula Jones, Gennifer Flowers, and Fast & Furious for electoral gain. 

Enjoy. 

Visit msnbc.com for breaking news, world news, and news about the economy

Happy Father's Day! Love, Carl

On Sunday, Governor Andrew Cuomo (through his campaign apparatus) sent out an email honoring Father’s Day. It doesn’t get less controversial than this: 

Dear Friend,

Nothing is more important to me than my role as a father. Watching my three daughters grow up to become thoughtful, beautiful and strong young women has been, and is, the greatest joy in my life.
 
I can only hope that I can be the role model for them that my father has been for me my entire life. He taught me the importance of family, friendship and public service. I continue to turn to him for his wisdom and support.
 
This Sunday, I hope that you will be able to share this special time with your loved ones.
 
Happy Father’s Day from my family to yours.

Sincerely,

Andrew M. Cuomo Signature

 

Buffalo’s own Sarah Palin, Carl Paladino, took to Facebook to say this about his former election opponent: 

You know what else good fathers and role models do? They keep their mouths shut. They aren’t homophobes. 

They don’t have multiple families that they keep hidden. They don’t sire children out-of-wedlock. They don’t party ’til the wee hours in Allentown drinking holes. They don’t make up lies about “legendary prowess“. They don’t giggle at anal horse porn, or send around racist and mysoginistic e-mails.  

But above all, good fathers know to dummy up when it comes to hypocritically attacking the morality of others. 

It's Legally OK to be Gay

Pride flag is raised!

Photo by Flickr user Whitney Arlene

Defamation – and its synonyms “slander” (spoken defamation) and “libel” (published defamation) – is generally defined as a false statement of fact that causes harm to a person and his reputation.  Obviously, its more complicated than just that, and the law is different if you’re a public figure or a private person. 

In New York, “a statement has defamatory connotations if it tends to expose a person to ‘public hatred, shame, obloquy, contumely, odium, contempt, ridicule, aversion, ostracism, degradation or disgrace, or to induce an evil opinion of [a person] in the minds of right-thinking persons.'”  A plaintiff suing for slander must show that he has suffered damages unless the alleged statement is considered slander per se

Slander per se, until recently, included “statements (i) charging [a] plaintiff with a serious crime; (ii) that tend to injure another in his or her trade, business or profession; (iii) that [a] plaintiff has a loathsome disease; or (iv) imputing unchastity to a woman”… the Appellate Division Departments, including this Court in dicta, have recognized statements falsely imputing homosexuality as a fifth per se category.”

Because of changing social perceptions and changes in both federal and state laws concerning homosexuality, the New York State Supreme Court Appellate Division, Third Department recently ruled that the inclusion of homosexuality among the per se categories imputed some sort of shame or disgrace, and ruled that it would no longer be considered defamatory per se. 

This little, barely-noticed ruling, is yet another step in the massive societal shift that has been taking place over the last several decades whereby homophobia has gone from being the statutory norm to, itself, a subject of shame and sometime criminality. While the people who rely on, and profit from, hatred and fear are having their last gasp, at least in New York State, we can say we’re doing the right thing. 

Collins' Facebook Page: Curious

Chris Collins, like any semi-competent politician, has a Facebook fan page for his run to represent NY-27 in Congress. It has about 3,500 likes, and 6 people talking about it. 

3,530 is a big number. After all, the Erie County Republican Committee’s Facebook page has only 615 likes, with “11 people talking” about it. 

Where did all of Collins’ likes come from? Could he be using a service to manipulate the number? Did he transfer over his likes from when he was County Executive? The guy who beat him last year has only about 800 likes

It’s unclear when Collins set up this Facebook page – it says “joined Facebook” on April 26th, but there’s a mis-dated entry of April 2011 thanking people for circulating petitions for his Congressional run. 

So, let’s say the Collins for Congress fan page was created sometime in mid-April 2012. Between May 12 and June 12, 2012 – as the campaign against David Bellavia has heated up – only 114 people “liked” Collins’ page. What this means is that he accumulated 3,416 likes between mid-April and mid-May.  The page itself features only about 20 posts, 8 of which were put up in April.  What was so compelling that attracted over 3,000 in April? 

April 19, 2011 (a letter dated April 19, 2012) 1 post
April 26, 2012 5 posts
April 29, 2012 1 post
April 30, 2012 1 post
May 2, 2012    1 post
May 4, 2012    1 post
May 8, 2012    1 post
June 1, 2012    3 posts
June 2, 2012    1 post
June 12, 2012  3 posts

The trajectory of “likes” on the page also fits a particular pattern – a low one.  

 

 Where did the other 3,000+ likes come from, exactly? 

 

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