Republicans rigged our democracy. Here’s how Democrats can fight back

The Guardian

Republicans rigged our democracy. Here’s how Democrats can fight back

David Faris    March 31, 2018

Republicans have been using the constitution’s flaws to wage a one-sided war against their political opponents. It’s time for Democrats to respond

Can the Democrats lead a democratic revival? Illustration: Rob Dobi

Donald Trump wasn’t elected because Democrats lost a policy fight in 2016. What Democrats did was lose a procedural fight that has been going on since the early 1990’s, when Republicans began waging a relentless, brutal, and completely one-sided war, systematically using their lawmaking power to disadvantage their adversaries in elections and political mobilization.

Gerrymandering, the Citizens United atrocity that declared money is speech, blocking US Supreme Court nominations and obstructing legislation are some of the Republican party’s tactics. Depraved, racist voter ID laws that obviously target people who are likely to vote Democratic, and the cruel way that many states prevent current or former felons from voting, are others.

Standing in the way of reforms to our nonsensical, undemocratic electoral college system for electing the president helps the Republicans too, as does ensuring the United States remains the only country in the entire world that holds its critical national elections on a regular working Tuesday as if we literally couldn’t care less who is able take off work to cast a ballot.

Indeed, one has to grudgingly respect the single-mindedness with which the Republican party has pursued its advantage, even as we condemn the damage it has wreaked on our democracy.

Democrats, now that they are in the minority for the foreseeable future, must pay homage to their Republican overlords and use what little power they have to slow down legislation, turn the public against the Republican Congress, and then retake total power in 2018 and 2020. Then, what they must do with that power is to fundamentally alter key aspects of our political system that we take for granted but that are not, contrary to popular belief, outlined in the US constitution.

Ingenious for its time, if deeply morally deficient, the constitution saddles the country with a series of difficult political problems. Some are explicit design flaws, such as the way that every state in the United States, whether it has 38 million or 600,000 residents, gets two and only two US senators, or how the entire 435-member House of Representatives is put up for re-election every two years, the shortest election calendar in the entire world. Others are crimes of omission, like the document’s relative silence about voting rights.

But the biggest problem is that it is underspecified. It doesn’t adequately describe the powers granted to the supreme court it created, or explain what a militia is in the second amendment, or outline what happens if the Senate decides it simply can’t be bothered to carry out its constitutional obligations by approving appointments made by the president. It contains no information about how elections should be funded. And the thing is well nigh impossible to amend.

Beginning with the Gingrich radicals who took over the House in 1994, the modern Republican party has been willing to exploit the constitution’s design flaws and the constitutional order’s reliance on informal understandings between political actors to sabotage the functioning of Congress, destroy the Obama presidency, and seize vastly more power than the American people would otherwise have granted it.

When they retake power, Democrats should use those same flaws to revive not the party, but our democracy.

First, they should grant statehood to Washington DC and Puerto Rico – long-suffering territories whose citizens are utterly deprived of voting rights and representation in federal elections. This can help rectify the Democrats’ structural imbalance in the US Senate. Breaking the deep-blue state of California into seven states can finish the job, by finally creating about as many blue-leaning as red-leaning states and delivering lasting power (or at least parity) to Senate Democrats and their allies.

The theft of Merrick Garlands seat by Republicans and the deepening intensity of congressional battles over federal judicial appointments should lead the next Democratic administration to pack the supreme court, by adding liberal justices until progressives finally have their first majority in a long generation, as well as creating hundreds of new judgeships in the federal judiciary.

The constitution does not stipulate the number of justices either on the supreme court or the lower courts, and Democrats should use the threat of court-packing to press for a constitutional amendment to end lifetime tenure in the federal judiciary as well as enacting other reforms that would finally remove destructive, ugly battles over the courts from our political landscape.

Progressives should also get behind a change in how we elect our representatives to the House, enacting proportional representation reforms that would not only eliminate the grotesque chicanery of gerrymandering but also make it possible for smaller parties to finally win a seat at the governing table. And they should double the size of the House to bring the constituent-to-legislator ratio more in line with what the founders envisioned.

Finally, any serious progressive governing coalition must immediately address our litany of voting problems, from the disenfranchisement of felons to the racist voter-ID laws implemented by cynical Republicans across the country, by passing a comprehensive new voting rights act.

Step one in bringing this vision to fruition is to stop bringing pistols to the nuclear war. Democrats must be prepared to mimic their tormentors by intentionally destroying the Trump administration and then unleashing this dizzying array of electoral and institutional reforms when they recapture total power.

Only by changing the rules that are currently rigged against them, while clinging to a set of minimal behavioral standards, will Democrats ever hold power long enough to truly transform American politics in a lasting progressive direction.

Doing so will require party leaders to pursue policy changes that will be ridiculed by their opponents as outrageous affronts to democratic decency and received by their own voters with puzzlement or even shock. They need to do it anyway. The shock will wear off.

Most of these structural reforms would require only a law to be passed by a Democratic-controlled Congress and then signed by a Democratic president. If instituted as a bloc, they will improve access to the ballot; increase participation in our elections; decrease destructive tensions over the supreme court; mitigate the fundamental flaws of the Senate; bring members of the House closer to their constituents and open the world of national politics to many more citizens.

At the end of this process, Americans will despise their own politics a bit less, and feel more connected to the system. The purpose of this partisanship is nothing short of dragging the United States kicking and screaming into the 21st century.

From It’s Time To Fight Dirty. Used with permission of Melville House. Copyright © 2018 by David Faris

David Faris is the program director of Political Science at Roosevelt University

Why are the poor blamed and shamed for their deaths?

The Guardian

Death and Dying

Why are the poor blamed and shamed for their deaths?

When someone dies, she often suffers a brutal moral autopsy, says Barbara Ehrenreich. Did she smoke? Drink excessively? Eat too much fat?

Barbara Ehrenreich       March 31, 2018

Barbara Ehrenreich: ‘Friends berate me for my heavy use of butter.’ Photograph: Stephen Voss for the Guardian

I watched in dismay as most of my educated, middle-class friends began, at the onset of middle age, to obsess about their health and likely longevity. Even those who were at one point determined to change the world refocused on changing their bodies. They undertook exercise or yoga regimens; they filled their calendars with medical tests and exams; they boasted about their “good” and “bad” cholesterol counts, their heart rates and blood pressure.

Mostly they understood the task of ageing to be self-denial, especially in the realm of diet, where one medical fad, one study or another, condemned fat and meat, carbs, gluten, dairy or all animal-derived products. In the health-conscious mindset that has prevailed among the world’s affluent people for about four decades now, health is indistinguishable from virtue, tasty foods are “sinfully delicious”, while healthful foods may taste good enough to be advertised as “guilt-free”. Those seeking to compensate for a lapse undertake punitive measures such as hours-long cardio sessions, fasts, purges or diets composed of different juices carefully sequenced throughout the day.

Of course I want to be healthy, too; I just don’t want to make the pursuit of health into a major life project. I eat well, meaning I choose foods that taste good and will stave off hunger for as long as possible, such as protein, fiber and fats. But I refuse to over think the potential hazards of blue cheese on my salad or pepperoni on my pizza. I also exercise – not because it will make me live longer but because it feels good when I do. As for medical care, I will seek help for an urgent problem, but I am no longer interested in undergoing tests to uncover problems that remain undetectable to me. When friends berate me for my laxity, my heavy use of butter or habit of puffing (but not inhaling) on cigarettes, I gently remind them that I am, in most cases, older than they are.

So it was with a measure of schadenfreude that I began to record the cases of individuals whose healthy lifestyles failed to produce lasting health. It turns out that many of the people who got caught up in the health “craze” of the last few decades – people who exercised, watched what they ate, abstained from smoking and heavy drinking – have nevertheless died. Lucille Roberts, owner of a chain of women’s gyms, died incongruously from lung cancer at the age of 59, although she was a “self-described exercise nut” who, the New York Times reported, “wouldn’t touch a French fry, much less smoke a cigarette”. Jerry Rubin, who devoted his later years to trying every supposedly health-promoting diet fad, therapy and meditation system he could find, jaywalked into Wilshire Boulevard at the age of 56 and died of his injuries two weeks later.

Some of these deaths were genuinely shocking. Jim Fixx, author of the bestselling The Complete Book Of Running, believed he could outwit the cardiac problems that had carried his father off to an early death by running at least 10 miles a day and restricting himself to a diet of pasta, salads and fruit. But he was found dead on the side of a Vermont road in 1984, aged only 52.

Even more disturbing was the untimely demise of John H Knowles, director of the Rockefeller Foundation and promulgator of the “doctrine of personal responsibility” for one’s health. Most illnesses are self-inflicted, he argued – the result of “gluttony, alcoholic intemperance, reckless driving, sexual frenzy, smoking” and other bad choices. The “idea of a ‘right’ to health,” he wrote, “should be replaced by the idea of an individual moral obligation to preserve one’s own health.” But he died of pancreatic cancer at 52, prompting one physician commentator to observe, “Clearly we can’t all be held responsible for our health.”

Still, we persist in subjecting anyone who dies at a seemingly untimely age to a kind of bio-moral autopsy: did she smoke? Drink excessively? Eat too much fat and not enough fiber? Can she, in other words, be blamed for her own death? When David Bowie and Alan Rickman both died in early 2016 of what major US newspapers described only as “cancer”, some readers complained that it is the responsibility of obituaries to reveal what kind of cancer. Ostensibly, this information would help promote “awareness” of the particular cancers involved, as Betty Ford’s openness about her breast cancer diagnosis helped to de-stigmatize that disease. It would also, of course, prompt judgments about the victim’s “lifestyle”. Would Bowie have died – at the quite respectable age of 69 – if he hadn’t been a smoker?

With sufficient ingenuity – or malicious intent – almost any death can be blamed on some mistake of the deceased.

Apple co-founder Steve Jobs’ 2011 death from pancreatic cancer continues to spark debate. He was a food faddist, eating only raw vegan foods, especially fruit, and refusing to deviate from that plan even when doctors recommended a high protein and fat diet to help compensate for his failing pancreas. His office refrigerator was filled with Odwalla juices; he antagonized non-vegan associates by attempting to proselytize among them, as biographer Walter Isaacson has reported: at a meal with Mitch Kapor, the chairman of Lotus software, Jobs was horrified to see Kapor slathering butter on his bread, and asked, “Have you ever heard of serum cholesterol?” Kapor responded, “I’ll make you a deal. You stay away from commenting on my dietary habits, and I will stay away from the subject of your personality.”

Defenders of veganism argue that his cancer could be attributed to his occasional forays into protein-eating (a meal of eel sushi has been reported) or to exposure to toxic metals as a young man tinkering with computers. But a case could be made that it was the fruitarian diet that killed him: metabolically, a diet of fruit is equivalent to a diet of candy, only with fructose instead of glucose, with the effect that the pancreas is strained to constantly produce more insulin. As for the personality issues – the almost manic-depressive mood swings – they could be traced to frequent bouts of hypoglycemia. Incidentally, 67-year-old Mitch Kapor is alive and well at the time of this writing.

Similarly, with sufficient ingenuity – or malicious intent – almost any death can be blamed on some mistake of the deceased. Surely Fixx had failed to “listen to his body” when he first felt chest pains and tightness while running, and maybe, if he had been less self-absorbed, Rubin would have looked both ways before crossing the street. Maybe it’s just the way the human mind works, but when bad things happen or someone dies, we seek an explanation, preferably one that features a conscious agent – a deity or spirit, an evil-doer or envious acquaintance, even the victim. We don’t read detective novels to find out that the universe is meaningless, but that, with sufficient information, it all makes sense. We can, or think we can, understand the causes of disease in cellular and chemical terms, so we should be able to avoid it by following the rules laid down by medical science: avoiding tobacco, exercising, undergoing routine medical screening and eating only foods currently considered healthy. Anyone who fails to do so is inviting an early death. Or, to put it another way, every death can now be understood as suicide.

Liberal commentators countered that this view represented a kind of “victim-blaming”. In her books Illness As Metaphor and Aids And Its MetaphorsSusan Sontag argued against the oppressive moralizing of disease, which was increasingly portrayed as an individual problem. The lesson, she said, was, “Watch your appetites. Take care of yourself. Don’t let yourself go.” Even breast cancer, she noted, which has no clear lifestyle correlates, could be blamed on a “cancer personality”, sometimes defined in terms of repressed anger which, presumably, one could have sought therapy to cure. Little was said, even by the major breast cancer advocacy groups, about possible environmental carcinogens or carcinogenic medical regimes such as hormone replacement therapy.

While the affluent struggled dutifully to conform to the latest prescriptions for healthy living – adding whole grains and gym time to their daily plans – the less affluent remained mired in the old comfortable, unhealthy ways of the past – smoking cigarettes and eating foods they found tasty and affordable. There are some obvious reasons why the poor and the working class resisted the health craze: gym memberships can be expensive; “health foods” usually cost more than “junk food”. But as the classes diverged, the new stereotype of the lower classes as willfully unhealthy quickly fused with their old stereotype as semi-literate louts. I confront this in my work as an advocate for a higher minimum wage. Affluent audiences may cluck sympathetically over the miserably low wages offered to blue-collar workers, but they often want to know “why these people don’t take better care of themselves”. Why do they smoke or eat fast food? Concern for the poor usually comes tinged with pity. And contempt.

Photograph: Stephen Voss for the Guardian

In the 00’s, British celebrity chef Jamie Oliver took it on himself to reform the eating habits of the masses, starting with school lunches. Pizza and burgers were replaced with menu items one might expect to find in a restaurant – fresh greens, for example, and roast chicken. But the experiment was a failure. In the US and UK, schoolchildren dumped out their healthy new lunches or stamped them underfoot. Mothers passed burgers to their children through school fences. Administrators complained that the new meals were vastly over-budget; nutritionists noted that they were cruelly deficient in calories. In Oliver’s defense, it should be observed that ordinary “junk food” is chemically engineered to provide an addictive combination of salt, sugar and fat. But it probably matters, too, that he didn’t study local eating habits in sufficient depth before challenging them, nor seems to have given enough thought to creatively modifying them. In West Virginia, he alienated parents by bringing a local mother to tears when he publicly announced the food she gave her four children was “killing” them.

There may well be unfortunate consequences from eating the wrong foods. But what are the “wrong” foods? In the 80’s and 90’s, the educated classes turned against fat in all forms, advocating the low-fat and protein diet that, journalist Gary Taubes argues, paved the way for an “epidemic of obesity” as health-seekers switched from cheese cubes to low-fat desserts. The evidence linking dietary fat to poor health had always been shaky, but class prejudice prevailed: fatty and greasy foods were for the poor and unenlightened; their betters stuck to bone-dry biscotti and fat-free milk. Other nutrients went in and out of style as medical opinion shifted: it turns out high dietary cholesterol, as in oysters, is not a problem after all, and doctors have stopped pushing calcium on women over 40. Increasingly, the main villains appear to be sugar and refined carbohydrates, as in hamburger buns. Eat a pile of fries washed down with a sugary drink and you will probably be hungry again in a couple of hours, when the sugar rush subsides. If the only cure for that is more of the same, your blood sugar levels may permanently rise – what we call diabetes.

Special opprobrium is attached to fast food, thought to be the food of the ignorant. Film-maker Morgan Spurlock spent a month eating nothing but McDonald’s to create his famous Super Size Me, documenting his 11 kg (24 lb) weight gain and soaring blood cholesterol. I have also spent many weeks eating fast food because it’s cheap and filling but, in my case, to no perceptible ill effects. It should be pointed out, though, that I ate selectively, skipping the fries and sugary drinks to double down on the protein. When, at a later point, a notable food writer called to interview me on the subject of fast food, I started by mentioning my favorites (Wendy’s and Popeye’s), but it turned out they were all indistinguishable to him. He wanted a comment on the general category, which was like asking me what I thought about restaurants.

I grew up in the 1940s and 50s, when cigarettes served not only as a comfort for the lonely but a powerful social glue.

If food choices defined the class gap, smoking provided a firewall between the classes. To be a smoker in almost any modern, industrialized country is to be a pariah and, most likely, a sneak. I grew up in another world, in the 1940’s and 50’s, when cigarettes served not only as a comfort for the lonely but a powerful social glue. People offered each other cigarettes, and lights, indoors and out, in bars, restaurants, workplaces and living rooms, to the point where tobacco smoke became, for better or worse, the scent of home. My parents smoked; one of my grandfathers could roll a cigarette with one hand; my aunt, who was eventually to die of lung cancer, taught me how to smoke when I was a teenager. And the government seemed to approve. It wasn’t till 1975 that the armed forces stopped including cigarettes along with food rations.

As more affluent people gave up the habit, the war on smoking – which was always presented as an entirely benevolent effort – began to look like a war against the working class. When the break rooms offered by employers banned smoking, workers were forced outdoors, leaning against walls to shelter their cigarettes from the wind. When working-class bars went non-smoking, their clienteles dispersed to drink and smoke in private, leaving few indoor sites for gatherings and conversations. Escalating cigarette taxes hurt the poor and the working class hardest. The way out is to buy single cigarettes on the streets, but strangely enough the sale of these “loosies” is largely illegal. In 2014 a Staten Island man, Eric Garner, was killed in a chokehold by city police for precisely this crime.

Why do people smoke? I once worked in a restaurant in the era when smoking was still permitted in break rooms, and many workers left their cigarettes burning in the common ashtray so they could catch a puff whenever they had a chance to, without bothering to relight. Everything else they did was done for the boss or the customers; smoking was the only thing they did for themselves. In one of the few studies of why people smoke, a British sociologist found smoking among working-class women was associated with greater responsibilities for the care of family members – again suggesting a kind of defiant self-nurturance.

When the notion of “stress” was crafted in the mid-20th century, the emphasis was on the health of executives, whose anxieties presumably outweighed those of the manual laborer who had no major decisions to make. It turns out, however, that stress – measured by blood levels of the stress hormone cortisol – increases as you move down the socioeconomic scale, with the most stress inflicted on those who have the least control over their work. In the restaurant industry, stress is concentrated among the people responding to the minute-by-minute demands of customers, not those who sit in offices discussing future menus. Add to these workplace stresses the challenges imposed by poverty and you get a combination that is highly resistant to, for example, anti-smoking propaganda – as Linda Tirado reported about her life as a low-wage worker with two jobs and two children: “I smoke. It’s expensive. It’s also the best option. You see, I am always, always exhausted. It’s a stimulant. When I am too tired to walk one more step, I can smoke and go for another hour. When I am enraged and beaten down and incapable of accomplishing one more thing, I can smoke and I feel a little better, just for a minute. It is the only relaxation I am allowed.”

Nothing has happened to ease the pressures on low-wage workers. On the contrary, if the old paradigm of a blue-collar job was 40 hours a week, an annual two-week vacation and benefits such as a pension and health insurance, the new expectation is that one will work on demand, as needed, without benefits or guarantees. Some surveys now find a majority of US retail staff working without regular schedules – on call for when an employer wants them to come and unable to predict how much they will earn. With the rise in “just in time” scheduling, it becomes impossible to plan ahead: will you have enough money to pay the rent? Who will take care of the children? The consequences of employee “flexibility” can be just as damaging as a program of random electric shocks applied to caged laboratory animals.

Sometime in the early to mid-00’s, demographers noticed an unexpected rise in the death rates of poor white Americans. This was not supposed to happen. For almost a century, the comforting American narrative was that better nutrition and medical care would guarantee longer lives for all. It was especially not supposed to happen to whites who, in relation to people of color, have long had the advantage of higher earnings, better access to healthcare, safer neighborhoods and freedom from the daily insults and harms inflicted on the darker skinned. But the gap between the life expectancy of blacks and whites has been narrowing. The first response of some researchers – themselves likely to be well above the poverty level – was to blame the victims: didn’t the poor have worse health habits? Didn’t they smoke?

The class gap in mortality will not be closed by tweaking individual tastes.

In late 2015, the British economist Angus Deaton won the Nobel prize for work he had done with Anne Case, showing that the mortality gap between wealthy white men and poor ones was widening at a rate of one year a year, and slightly less for women. Smoking could account for only one fifth to one third of the excess working-class deaths. The rest were apparently attributable to alcoholism, opioid addiction and actual suicide – as opposed to metaphorically “killing” oneself through unwise lifestyle choices.

Why the excess mortality among poor white Americans? In the last few decades, things have not been going well for working-class people of any color. I grew up in an America where a man with a strong back – and a strong union – could reasonably expect to support a family on his own without a college degree. By 2015, those jobs were long gone, leaving only the kind of work once relegated to women and people of color available in areas such as retail, landscaping and delivery truck driving. This means those in the bottom 20% of the white income distribution face material circumstances like those long familiar to poor blacks, including erratic employment and crowded, hazardous living spaces. Poor whites always had the comfort of knowing that someone was worse off and more despised than they were; racial subjugation was the ground under their feet, the rock they stood upon, even when their own situation was deteriorating. That slender reassurance is shrinking.

There are some practical reasons why whites are likely to be more efficient than blacks at killing themselves. For one thing, they are more likely to be gun owners, and white men favour gunshot as a means of suicide. For another, doctors, undoubtedly acting on stereotypes of non-whites as drug addicts, are more likely to prescribe powerful opioid painkillers to whites. Pain is endemic among the blue-collar working class, from waitresses to construction workers, and few people make it past 50 without palpable damage to their knees, back or shoulders. As opioids became more expensive and closely regulated, users often made the switch to heroin which, being illegal, can vary widely in strength, leading to accidental overdoses.

Affluent reformers are perpetually frustrated by the unhealthy habits of the poor, but it is hard to see how problems arising from poverty – and damaging work conditions – could be cured by imposing the doctrine of “personal responsibility”. I have no objections to efforts encouraging people to stop smoking or add more vegetables to their diets. But the class gap in mortality will not be closed by tweaking individual tastes. This is an effort that requires concerted action on a vast scale: a welfare state to alleviate poverty; environmental clean-up of, for example, lead in drinking water; access to medical care including mental health services; occupational health reform to reduce disabilities inflicted by work.

The wealthier classes will also benefit from these measures, but what they need right now is a little humility. We will all die – whether we slake our thirst with kombucha or Coca-Cola, whether we run five miles a day or remain confined to our trailer homes, whether we dine on quinoa or KFC. This is the human condition. It’s time we began facing it together.

This is an edited extract from Natural Causes, by Barbara Ehrenreich, published by Granta on 12 April at £16.99. To order a copy for £14.44, go to guardianbookshop.com or call 0330 333 6846.

Commenting on this piece? If you would like your comment to be considered for inclusion on Weekend magazine’s letters page in print, please email weekend@theguardian.com, including your name and address (not for publication).

Oklahoma Teachers Prepare For Walkout As Red State Revolt Spreads

HuffPost

Oklahoma Teachers Prepare For Walkout As Red State Revolt Spreads

Dave Jamieson, HuffPost           March 30, 2018

Teachers in Oklahoma still plan to walk off the job next week after state legislators passed an education funding bill that fell apart within hours.

Initially it seemed the legislation, signed Thursday by Gov. Mary Fallin (R), would quell the statewide walkout that educators had set for April 2 to demand more money for schools. But not even a day after the state Senate approved the first tax increase package in years, legislators in the state House voted to undo one of its main provisions, a tax on hotel and motel stays.

After applauding legislators for approving the funding bill, the state’s leading teachers union, the Oklahoma Education Association, renewed its call late Thursday for teachers around the state to stay out of school and descend on the Capitol in Oklahoma City on Monday.

“Yesterday, the Legislature passed a historic education funding increase,” the union said Thursday in a Facebook post. “Today, they started dismantling it by cutting millions out of the plan. Now they’re gone for the weekend. Oklahoma: we’ll see you at 9 a.m. April 2 at the Capitol.”

Oklahoma is one of a wave of red states now facing a teacher revolt after years of anemic funding for education.

Over the past decade, Oklahoma carried out a series of tax cuts that, combined with falling energy prices, have left the oil- and gas-rich state with little money to steer toward teachers or textbooks. It’s more or less the same story that played out in West Virginia, where tax cuts forced educators to forego raises while their health care costs increased. Teachers there walked off the job for nine days in February and March, prompting the state legislature to fund pay increases for public employees.

The historic and successful strike in West Virginia has inspired a burgeoning uprising among austerity-weary teachers around the country. In addition to Oklahoma, Arizona could soon face a strike by teachers, who are demanding the state boost pay by 20 percent and return to pre-recession funding levels for education. (Meanwhile, teachers in Kentucky shut down public schools in 25 counties on Friday to protest proposed cuts to the state pension plan.)

Teachers in West Virginia, Oklahoma and Arizona are all among the lowest-paid in the country, with schools facing growing teacher shortages. Republicans control the statehouse and governor’s office in all three states.

“After ten long years in a lot of these conservative states, the chicken is finally coming home to roost,” said Lily Eskelsen Garcia, president of the National Education Association, the 3-million member union with which the Oklahoma Education Association is affiliated. “They’ve given tax breaks to big corporations, defunded public schools, and said, ‘What could go wrong?’”

After Oklahoma legislators passed the tax hike, it seemed the walkout could turn instead into a one-day rally on Monday. Now nobody knows for sure what next week will bring. The mixed actions by Oklahoma’s legislature could lead to a situation where some school districts close only for Monday or not at all, while others engage in a work stoppage for days. Many Oklahoma teachers on Facebook have called for keeping schools shut down until all their demands are met.

We have buildings that are falling apart and textbooks that need to be taped together. Beth Wallis, assistant band director

To a certain degree, their walkout will require the cooperation of their largely sympathetic superintendents, who decide whether schools are formally open or closed. If schools are open and teachers refuse to return to work, the state could consider it an illegal strike. Several districts announced Friday that their schools would not be open on Monday.

Beth Wallis, an assistant band director who teaches in a Tulsa suburb, said teachers in her district voted unanimously to stay off the job beyond Monday. Although the legislation passed this week includes average pay raises of $6,100, Wallis said the lack of state funding guaranteed in the bill could leave local districts on the hook to pay for them. She also said securing teacher pay raises is secondary to increasing general school funding.

“The school funding in the bill is laughably small,” Wallis said. “It’s not enough to buy every kid in my district a single textbook. We have buildings that are falling apart and textbooks that need to be taped together.”

Like most states, Oklahoma cut school funding in the wake of the Great Recession. But it also pursued tax cuts during the economic recovery that followed, dropping income taxes and reducing the gross production tax on oil and gas companies. With little money to devote to schools, Oklahoma has led the nation over the past decade in cuts to its education formula funding, which is the main well of state money for individual districts.

“They sort of maximized the damage that the recession did to their schools and other public services, and as the economy improved, they kept cutting taxes,” Michael Leachman, an analyst at the Center on Budget and Policy Priorities, recently told HuffPost. “You’re just digging your hole even deeper.”

With less funding, many cash-strapped schools have gone to four-day weeks, while certifying a growing number of emergency teachers to fill vacant jobs. Such teachers don’t meet the state’s normal minimum requirements to teach in public school. The union says the state will have to increase salaries and school funding significantly if it wants to stop losing teachers to Arkansas and other nearby states that pay better.

Reversing course will not be easy. Approving tax hikes in Oklahoma is extraordinarily difficult, requiring a three-fourths supermajority in both chambers. Legislators were barely able to approve the tax package that has already foundered. Legislators had only hours to digest that bill before it was passed, and many apparently did not have time to read it. One state representative argued that the bill had a $75 million hole in it before taking the repeal of the hotel and motel tax into account.

“The more the bill has gotten to sit,” Wallis said, “the more people have gotten to read it and find problems with it.”

Oklahoma teacher has 5 jobs because he doesn’t earn enough teaching to support his family

March 30, 2018

He’s a high school algebra teacher in Oklahoma. And a bus driver. And a Little League umpire. And he drives for Uber and Lyft. All because he says his teaching salary isn’t enough to support his family.

The many jobs of Oklahoma's teachers

He’s a high school algebra teacher in Oklahoma. And a bus driver. And a Little League umpire. And he drives for Uber and Lyft. All because he says his teaching salary isn’t enough to support his family.

Posted by CNN on Friday, March 30, 2018

Pruitt’s EPA security broke down door to lobbyist condo

ABC – Good Morning America

EXCLUSIVE: Pruitt’s EPA security broke down door to lobbyist condo

Matthew Mosk, John Santucci, Stephenie Ebbs, GMA,  March 30, 2018

Environmental Protection Agency Administrator Scott Pruitt’s protective detail broke down the door at the Capitol Hill condo where he was living, believing he was unconscious and unresponsive and needed rescue, in a bizarre incident last year that the EPA has for months refused to discuss, according to sources and police radio traffic obtained by ABC News.

The incident occurred in the late afternoon on March 29, 2017 at the Capitol Hill address Pruitt was renting, which was co-owned by the wife of a top energy lobbyist. A Capitol Police officer called 911 at the behest of Pruitt’s security detail, which had tried unsuccessfully to reach him by phone, and by banging on the building’s front door, according to police recordings obtained by ABC News.

“They say he’s unconscious at this time,” the 911 operator is told, according to the recordings. “I don’t know about the breathing portion.”

Responding fire units from a Capitol Hill station house mobilized. “Engine three, Medic two respond to unconscious person,” the radio transmission said.

The protective detail then broke down the building’s glass-paneled front door and ascended two flights to Pruitt’s $50-a-night bedroom, where two sources tell ABC News he was found groggy, rising from a nap. It is unclear what led to the panic that caused the response. Pruitt declined medical attention, and a police report was never filed.

The EPA eventually agreed to reimburse the condo owner for the damage to the door, a source familiar with the arrangement told ABC News. EPA spokesman Jahan Wilcox did not respond to requests for information on the incident or the reimbursement payments.

The previously unreported incident occurred while Pruitt was living at Capitol Hill condo co-owned by the wife of a top energy lobbyist. Vicki Hart and her husband, lobbyist, J. Steven Hart, both confirmed the events, but neither would say how much the damage to the door cost to repair.

The EPA has since reimbursed Pruitt’s former landlord, Vicki Hart, for the cost of the door.

ABC News first reported Thursday that Pruitt had lived in the condo in 2017, during his first six months in Washington. The condo is in a prime location – less than a block from the U.S. Capitol complex – and other apartments in the building complex have rented for as much as $5,000-a-month, according to a source familiar with a neighboring lease.

The EPA allowed Bloomberg News to review copies of canceled checks that Pruitt paid to the condo owner. The news outlet reported that the checks show varying amounts paid on sporadic dates — not a traditional monthly “rent payment” of the same amount each month, according to Bloomberg. In all, Pruitt paid $6,100 over six months to the limited liability corporation for the Capitol Hill condo co-owned by Vicki Hart, whose husband J. Steven Hart is chairman of a top D.C. lobbying firm and who is registered to lobby for several major environmental and energy concerns.

Two sources told ABC News that Pruitt’s daughter also used the apartment in 2017 during her tenure as a White House summer intern.

“The rental agreement was with Scott Pruitt,” Vicki Hart told ABC News. “If other people were using the bedroom or the living quarters, I was never told, and I never gave him permission to do that.”

The EPA did not respond to requests for comment or clarification on the living arrangement with Pruitt’s daughter. McKenna Pruitt, now a law student, could not be reached by phone or email.

Wilcox released a statement from EPA Senior Counsel for Ethics Justina Fugh Friday, saying she did not “conclude that this is a prohibited gift at all. It was a routine business transaction and permissible even if from a personal friend.” Wilcox did not say when Fugh reviewed the matter or what led her to look into it.

Bryson Morgan, who is in private practice and served as Investigative Counsel at the U.S. House of Representatives Office of Congressional Ethics, said he thought it raised red flags.

“I think it certainly creates a perception problem, especially if Mr. Hart was seeking to influence the agency,” Morgan said.

Gift rules prohibit executive branch employees from accepting items of value, Morgan said in an interview prior to the EPA’s release of the details. In addition to traditional gifts, those rules apply to favorable terms on a lease.

EXCLUSIVE: EPA chief Pruitt joined by family in condo tied to lobbyist ‘power couple’

Pruitt arranged condo deal through energy lobbyist, source says

Democrats want details of Pruitt’s DC condo tied to lobbyist ‘power couple’

“It’s not just if he is paying market rent,” Morgan said. “A short-term lease is expensive. Is he given the ability to end it any day? Is this an arrangement any other person could get on the open market? My assumption would be this situation does not involve the hallmarks of a specific fair market transaction,” he said in an interview conducted before the checks were revealed.

The new disclosure comes as Democrats in Congress are demanding that Pruitt disclose to them more details about his 2017 use of the Capitol Hill home. U.S. Rep. Don Beyer, a Virginia Democrat, called on Pruitt to resign over his failure to disclose the rental deal tied to an energy lobbyist.

“As he has done over and over again, he showed contempt for transparency, ethical guidelines, and the public interest,” Beyer said. “Pruitt must resign. If he refuses to do so he should be fired immediately.”

Hart is the chairman of lobbying firm Williams and Jensen that lobbies on EPA policies like the Clean Air Act, according to its website. The firm also lobbied on issues related to the export of liquefied natural gas and represented Cheniere Energy Inc., which owned the only active Liquid Natural Gas export plant in the United States at the time.

Pruitt traveled to Morocco last December and the EPA said in a press release that liquid natural gas exports were a topic of discussion during that trip.

Last year, Cheniere Energy Inc. reported paying Hart’s firm $80,000.

Hart’s firm specifically lobbied on “issues related to the export of liquefied natural gas (LNG), approval of LNG exports and export facilities.” The firm also lists on its website that it lobbies on other EPA policies like the Clean Air Act.

Hart was registered with several companies to lobby on energy issues, but he told ABC News on Friday that he never contacted the EPA for clients.

“I made no lobby contacts at the EPA in 2017 or 2018,” Hart said.

The EPA did not respond to ABC News’ questions about whether Hart’s lobbying firm had any involvement in arranging meetings during Pruitt’s trip to Morocco.

Cheniere Energy spokeswoman Rachel Carmichel told ABC News the company ended its relationship with Hart’s firm in December 2017. The spokeswoman went on to say Cheniere was unaware of the relationship between Pruitt and the lobbyist and had not used Hart’s firm to have conversations with the EPA.

Another lobbying client of Hart’s, the railroad Norfolk Southern, spent $160,000 last year on lobbying Congress on “issues affecting coal usage, oil production, and transportation, including EPA regulation.”

Norfolk Southern also declined to comment when reached by ABC News.

Craig Holman, an ethics specialist at Public Citizen, a non-partisan watchdog group, wrote to the EPA Inspector General Thursday to request an investigation into the rental arrangement. If the rental arrangement was anything other than a market rate deal, he wrote, “it would at least constitute a violation of the federal statutes and executive branch rules prohibiting gifts to covered officials from prohibited sources.”

“Since Administrator Pruitt is already involved in allegations of accepting gifts of travel, the question arises whether a sense of entitlement may have led him to violate the gift rules on this rental arrangement as well,” Holman wrote.

The head of the nonprofit watchdog group the Environmental Integrity Project and former EPA Director of Civil Enforcement Eric Shaffer called on the EPA’s inspector general and Congress to look into the issue.

“Does this explain why Pruitt flew to Morocco to pitch natural gas exports, which isn’t really an EPA concern?” Schaeffer wrote in a statement.

The EPA inspector general’s office is aware of the report, according to spokesman Jeff Lagda.

The agency’s inspector general is already looking into the cost of Pruitt’s travel and whether the agency followed all proper procedures.

An Oregon Dairyman Reclaims the Pasture

Civil Eats

An Oregon Dairyman Reclaims the Pasture

Fourth-generation farmer Jon Bansen translates complex grazing production systems into common-sense farm wisdom.

By Kathleen Bauer, Business, Farming    March 30, 2018.

 

In the U.S., the dairy industry is a tough business for organic and conventional producers alike, with plunging prices and changing consumer demand leading to a spate of farm shutdowns and even farmer suicides. And in Oregon, where dairy is big business—accounting for 10 percent of the state’s agriculture income in 2016—the story is much the same.

But Jon Bansen, who has farmed since 1991 at Double J Jerseys, an organic dairy farm in Monmouth, Oregon, has throughout his career bucked conventional wisdom and demonstrated the promise of his practices. Now he’s convincing others to follow suit.

Bansen and his wife Juli bought their farm in 1991 and named it Double J Jerseys, then earned organic certification in 2000. In 2017, he switched to full-time grass feed for his herd of 200 cows and 150 young female cows, called heifers. He convinced his brother Bob, who owns a dairy in Yamhill, to convert to organic. His brother Pete followed suit soon after. (“He’s a slow learner, that’s all I can say,” Bansen joked.)
He’s someone who prefers to lead by example, which has earned him the respect of a broad range of the region’s farmers and ranchers, as well as its agricultural agencies and nonprofits.

“Jon is an articulate spokesperson for organic dairy in Oregon and beyond,” said Chris Schreiner, executive director of Oregon Tilth, an organic certifying organization. “His passion for organic dairy and pasture-based systems is contagious, and he does a great job of translating complex grazing production systems into common-sense farmer wisdom. His personal experience … is a compelling case for other dairy farmers to consider.”

George Siemon, one of the founders of Organic Valley, the dairy co-operative for which Bansen produces 100 percent grass-fed milk under Organic Valley’s “Grassmilk” brand, believes the switch to 100 percent grass is a direction that Bansen has been moving in all along.

“He’s just refined and refined and refined his organic methods,” said Siemon, admitting that Bansen is one of his favorite farmers. “He’s transformed his whole farm. It’s a great case when the marketplace is rewarding him for getting better and better at what he does and what he likes to do.”

Deep Roots in Dairy Farming

Dairy farming is baked into Bansen’s DNA, with roots tracing all the way back to his great-grandfather, who emigrated from Denmark in the mid-1800s, settling in a community of Danes in Northern California. He hired out his milking skills to other farmers until he saved enough to buy his own small farm near the bucolic coastal town of Ferndale in Humboldt County.

Bansen was about 10 years old when his father and their family left the home farm to strike out on their own in Oregon’s Willamette Valley. They bought land in the tiny, blink-and-you’ll-miss-it town of Yamhill, about an hour southwest of Portland.

A typical farm kid, Bansen and his seven siblings were all expected to help with the chores. “You fed calves before you went to school, and you came home and dinked around the house eating for awhile until you heard Dad’s voice beller at you that it was time to get back to work,” Bansen recalled. “I was a little envious of kids that lived in town and got to ride their bikes on pavement. That sounded pretty sexy to me.”

After studying biology in college in Nebraska and getting married soon after graduating, Bansen and his wife worked on his dad’s Yamhill farm for five years and then began talking about getting a place of their own. They found property not far away outside the sleepy town of Monmouth. It had the nutritionally rich, green pastures Bansen knew were ideal for dairy cows, fed by the coastal mists that drift over the Coast Range from the nearby Pacific Ocean.

One day, a few years after they’d started Double J Jerseys, a man knocked on their door. He said he was from a small organic dairy co-op in Wisconsin that was looking to expand nationally. He wondered if Double J would be interested in transitioning to organic production, mentioning that the co-op could guarantee a stable price for their milk.

It turned out that the stranger was Siemon, a self-described “long-haired hippie” who’d heard about Bansen through word of mouth. “He was reasonably skeptical,” recalls Siemon. “He wanted to make sure it was a valid market before he committed, because it’s such a big commitment to go all the way with organic dairy.”

For his part, Bansen worried that there wasn’t an established agricultural infrastructure to support the transition, not to mention the maintenance of an organic farm. “I was worried about finding enough organic grain,” he said.

On the other hand, however, the young couple needed the money an organic certification might bring. “We had $30,000 to our name and we were more than half a million dollars in debt” from borrowing to start the farm, Bansen said.

Jon Bansen and his family.After much research and soul-searching, they decided to accept Siemon’s offer and started the transition process. It helped that his cousin Dan had transitioned one of his farms to organic not long before and that generations of his family before him had run pasture-based dairies.

“My grandfather, he was an organic dairy farmer, he just didn’t know what it was called,” Bansen said. “There were no antibiotics, no hormones, no pesticides. You fed your cows in the fields.”

The Organic Learning Curve

During the Bansens’ first organic years, they had to figure out ways to eliminate antibiotics, hormones, and pesticides—all of which Bansen views as “crutches” to deal with management issues.

To prevent coccidiosis, a condition baby cows develop when they don’t receive enough milk and are forced to live in overcrowded conditions, for example, Bansen fed his calves plenty of milk and made sure they had enough space.

To prevent cows from contracting mastitis, an infection of the mammary system, he changed the farm’s milking methods.

Another learning curve had to do with figuring out the balance of grain to forage (i.e., edible plants). Originally Bansen fed each of his cows 20 pounds of grain per day, but after switching to organic sources of grain, he was able to reduce that to four or five pounds a day. This switch cut down grain and transportation costs dramatically.

He also had to learn to manage the plants in the fields in order to produce the healthiest grazing material possible. Since the transition to organic, Double J has grown to nearly 600 acres, a combination of pastures for the milking cows, fields for growing the grass and forage he stores for winter, when it’s too cold and wet to keep the animals outdoors.

“It’s not a machine; it’s a constant dance between what you’re planting and growing and the weather patterns and how the cows are reacting to it,” said Bansen. “There’s science involved in it, but it’s more of an art form.”

Transition from Grain to Grass

Bansen’s decision to take his cows off grain completely has meant doing something very different than what the other farmers around him do—even some of those in his own co-op.

His participation in Organic Valley’s grassmilk program is just a progression of what he calls “the organic thing.” He gets paid a little more for his milk, but it’s not the road to riches, in part because his cows don’t produce as much milk as when their feed was supplemented with grain, and he’s had to add more land in order to grow enough to feed them.

Bansen’s motivated by the desire to produce the most nutrient-dense milk possible, and he believes that 100 percent grass-fed milk is where the market is going.

Two of Jon Bansen's cows.Scientific research seems to bear out his hypothesis. A study titled “Greener Pastures: How grass-fed beef and milk contribute to healthy eating,” published in 2006 by the Union of Concerned Scientists Food and Environment Program, found statistically significant differences in fat content between pasture-raised and conventional products. Specifically, milk from pasture-raised cattle tends to have higher levels of alpha-linolenic acid (ALA)—an omega-3 fatty acid—as well as consistently higher levels of conjugated linoleic acid (CLA), another fatty acid that in animal studies has shown many positive effects on heart disease, cancer, and the immune system.

As our agriculture has moved away from pasture, the balance of omega-3 and omega-6 fatty acids has shifted—leading most of us to consume much more omega-6. Severalstudies have linked that shift to increases in everything from heart disease to cancer to autoimmune diseases.

Bansen’s own test results showed the levels of omega-3 to omega-6 in the milk his cows produce are close to 1:1, far less than the 7:1 ratio found in conventional milk. And that’s on winter forage. He can’t wait to see what the results are once the cows are on pasture this season.

Speaking His Mind

While he’s generally affable, Bansen isn’t shy about disagreeing with the other farmers in the co-op. “When the going gets tough and somebody needs to speak up with some truthfulness, Jon’s never been afraid to speak his mind, and you need that in a co-op,” said Siemon.

In addition to speaking before young farmers in Organic Valley’s “Generation Organic” (or Gen-O) program aimed at farmers under the age of 35, as well as participating in regional farm organizations, Bansen has written articles on grazing and forage for publications like Graze magazine. In an essay in its latest issue, he highlighted the problems he sees in the current organic milk market.

Bansen worries that the integrity of the organic milk market is in jeopardy because of national producers like Aurora Organic Dairy, essentially organically certified factory farms, are flooding the market with milk and reducing prices for smaller operations.

An even bigger problem, from his perspective, is that not enough organic farmers embrace what he terms “the organic lifestyle.” “I’m sick of farmers bitching about the price of milk and going down to Walmart to buy groceries and taking their kids out to McDonald’s,” he said bluntly. “You have no right to bitch about what’s going on in your marketplace if you’re not supporting that same marketplace.”

When Bansen shipped his first milk to Organic Valley in 2000, there were 200 dairies in the co-op. With that number around 2,000 today, he feels it’s more critical than ever that all are pulling in the same direction.

“There’s nothing worse than a farmer who’s on the organic truck saying, ‘I just do it for the money. It’s really no different from other milk,’” he said.

It’s spring in Oregon, probably Bansen’s favorite season, and he’s itching to let his cows out to graze as soon as his pastures have enough forage. When Bansen was growing up, his father used to hold the cows in the barn until milking was done, them release them into the pasture all at once when the season began, which Bansen described as “friggin’ mayhem.”

Preferring a calmer approach with his own cows, he milks six of them at a time and then opens the gate to release them in small groups.

“We’ve kind of taken some of that crazy stuff out of the deal, but it’s still a brilliant day. It’s better than Christmas.”

All photos © David Nevala for Organic Valley.

Some of Jon Bansen's cows.

Algae is one of the most powerful sources of energy we have access to on Earth.

NowThis Future

March 23, 2018

Algae is one of the most powerful sources of energy we have access to on Earth. This is how it could revolutionize sustainable energy. Make sure to follow Focal Point for the best science stories. (via Focal Point)

How Algae Could Change the Fossil Fuel Industry

Algae is one of the most powerful sources of energy we have access to on Earth. This is how it could revolutionize sustainable energy. Make sure to follow Focal Point for the best science stories. (via Focal Point)

Posted by NowThis Future on Thursday, March 22, 2018

Walker’s Wasting Taxpayer Money Fighting Democracy

Esquire – U.S.

Walker’s Wasting Taxpayer Money Fighting Democracy

Charles P. Pierce, Esquire       March 29, 2018 

From Esquire

Being our semi-regular weekly survey of what’s goin’ down in the several states where, as we know, the real work of governmentin’ gets done, and where the shepherd is asleep and the willows weep.

Because we are on our way to San Antone-mandatory nod to Bob Wills-we are making only two stops on our tour this week, but both of them are cherce. We begin in Wisconsin, where the desperate attempts of Scott Walker, the goggle-eyed homunculus hired by Koch Industries to manage that particular midwest subsidiary, and his pet legislature to subvert both democracy and the duties of Walker’s office have reached the level of what my sainted mother used to call high-sterics.

For the benefit of customers who may have come to tinhorn politicians late, the Republican majorities in the Wisconsin legislature gerrymandered the state so badly that even this Supreme Court gagged on the result. In addition, two seats in the state legislature came open and Walker was required by law to call special elections to fill them. Given the pasting Republicans have taken in similar elections around the country, this did not fill Walker and his pet legislature with either optimism or glee. So, he simply refused to call the elections.

Last week, however, a judge that Walker appointed told him to get the Koch Brothers’ mitts off his puppet strings and call the elections. This occasioned a week of huffing and blowing all throughout the capitol in Madison. The legislature has before it a bill that would eliminate the special elections on the grounds that the Republicans might lose them. (I’m paraphrasing here.) Meanwhile, Walker appealed the previous court’s decision and, on Wednesday, another court in Dane County slapped him down. From The Wisconsin State Journal:

“Walker hasn’t argued that he can’t order the elections or that Reynolds was wrong in requiring him to do so, Niess said. Rather, he said, the governor wants to be allowed to delay carrying out “his mandatory, compulsory duty because there are now other reasons that he has brought to the court’s attention.” “But these other reasons don’t change the fact that his duty under the law remains the same,” Niess said. “No court that I’m aware of is at liberty to ignore the law in order to facilitate the Legislature’s consideration of bills that might become law. When and if a legislative bill becomes law it can be brought to the court, and at that time the arguments can be made as to what the effect of that law is on an already pending (order).”

In other words, Walker argued that his pet legislature will pass his blatant power-grab and so the judge should stay the elections until he and the legislature get their chance to destroy them entirely. This argument, while quaint, did not impress the judge.

Walker then threatened to bring the whole matter before the state supreme court, but he chickened out almost instantaneously, largely because an appellate court judge did everything but knock him silly with the gavel. From the State Journal:

“Earlier Wednesday, 2nd District Appellate Court Judge Paul F. Reilly dismissed Walker’s argument that the court should allow time for the Legislature to rewrite state law that would effectively block the special elections. Reilly issued the one-page ruling hours after DOJ appealed two Dane County judges’ decisions ordering Walker to call the special elections. “Representative government and the election of our representatives are never ‘unnecessary,’ never a ‘waste of taxpayer resources,’ and the calling of the special elections are as the Governor acknowledges his ‘obligation’ to follow,” Reilly wrote.”

Walker had been thumping his tubs for weeks about how “outside forces” were making the good people of Wisconsin pay for special elections that Walker was obligated by law to call. (This is not dissimilar to the argument he made successfully against the campaign to recall him.) Judge Reilly had quite enough of that. Walker finally hollered uncle and scheduled the special elections for June 5. (The bill to do away with them appears to be dead as well.) There was no accounting for all the money the good taxpayers of Wisconsin had to kick into Walker’s attempts to find a legal way not to do his job. They really would rather some people not get to vote. Jesus, these people.

And we conclude, as is our wont, in the great state of Oklahoma, where Blog Official Derelict Gas Station Inspector Friedman of the Plains brings us an illuminating moment from a debate in that state’s legislature regarding education policy. From KFOR-4, Oklahoma’s News:

“On Monday, members of the Oklahoma House of Representatives debated a bill that would fund a teacher pay raise through several revenue-raising measures. “Money is not the number one issue,” said Rep. John Bennett. “Maybe if we spanked our kids at home a little better with a paddle, made them mind and be good kids, the teachers wouldn’t have it so hard in the classroom.” On Tuesday, Bennett stood by his words. “I’ve told all my kids’ teacher that, ‘If they get out of line, use a paddle on them,’” Bennett said. “If they get out of line after that, call me and I’ll come up and paddle them in front of the whole class because they will not disrespect their elders or teachers in school.” Bennett said bad behavior in schools is costing the state money. “Oh, absolutely,” Bennett said. “It wastes the teachers’ time, and money and effort because teachers aren’t supposed to be parents. They’re a role model but not a parent. The parents need to do what they’re supposed to do as parents, put them on the learning foundation and then send them to school. And, then our teachers can do their job, which they do so well, and teach their kids.”

I think Representative Bennett should be at the top of the list of any PTA that classifies its students as enemy combatants.

This is your democracy, America. Cherish it.

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Scientists Weigh in on Glyphosate’s Cancer Risks

Civil Eats

Inside Monsanto’s Day in Court: Scientists Weigh in on Glyphosate’s Cancer Risks

U.N. cancer scientists and Monsanto experts face off over the science surrounding the world’s most widely used herbicide.

By Pam Strayer – Food Policy, Health, Pesticides     March 29, 2018

Lee Johnson, a 46-year-old resident of Vallejo, California developed a severe skin rash in 2014, two years after he started spraying Roundup as part of his grounds-keeping job at the Benicia Unified School District. “He read the label on the container,” says his lawyer, Timothy Litzenburg, “and he followed all the safety instructions, which were written by Monsanto.”

The rash turned into an aggressive form of non-Hodgkin lymphoma, a cancer of the lymphatic system. Doctors estimate Johnson has six months left to live; he will leave behind a wife and two children. He is one of 2,400 lawsuits filed against Monsanto by cancer victims in courts across the country, and Johnson’s case is the first one scheduled for a jury trial.

These victims are suing to hold Monsanto accountable, claiming that glyphosate, the listed, active ingredient in its popular herbicide Roundup, caused their non-Hodgkin lymphoma.

“About half of [these] cases are from people who sprayed Roundup for school districts or parks, while the others are from people who sprayed it around their homes,” Litzenburg said.

Plaintiffs are seeking monetary settlements in jury trials that could potentially amount to billions of dollars—settlements that could zero out the $2.8 billion in revenue Monsanto expects to make from Roundup this year alone. With more than 276 million pounds of glyphosate used in 2014 on farms, business, schools, parks and homes around the world, the stakes are high.

The lawsuits raise the question of whether the courts can accomplish what U.S. regulators have not: control or accountability over glyphosate, a chemical that international authorities in the U.N.’s top cancer group have deemed a probable carcinogen.

Earlier this month in San Francisco, U.S. District Judge Vince Chhabria began the process of determining whether or not scientific experts in these trials are using sound methods to reach their conclusions, and which experts can be called to the stand during upcoming federal trials.

Field test-spraying of glyphosate. (Photo credit: Boasiedu)

The 2,000 cases pending in state courts are not subject to Chhabria’s gatekeeping decisions and are already proceeding with the first case—Johnson’s—which is scheduled to begin in June.

To rule on the validity of the scientists and science, Chhabria heard from the 10 experts attorneys brought forward for the cancer-victim plaintiffs and for Monsanto in evidentiary hearings. He dubbed the Daubert hearings “Science Week,” and they served as his crash course on how world-class experts conduct cancer risk assessment.

“The judge’s role in a Daubert hearing is to find out if any of the evidence shouldn’t be presented to a jury because it lacks validity,” said Dr. Steven N. Goodman, an outside observer who is the Chief of Epidemiology for Health Research and Policy at Stanford School of Medicine. Dr. Goodman also been an instructor in judicial education courses on Daubert hearings.

Plaintiffs’ attorney Michael Baum agreed. “It’s supposed to keep ‘Ouiji board’ science out of the courtroom,” he said.

Good Data, Bad Data? IARC’s Experts vs. Monsanto’s Scientists

Daubert hearings permit both sides to present science, and in most cases, the lawyers present the scientists and studies that support their side of the argument. The scientists who testified under oath and on camera were experts in toxicology, animal studies, biostatistics, and epidemiology—all disciplines involved in cancer risk assessment.

The hearings marked the first time that Monsanto scientists faced off in court against three top scientists who had served on the U.N.’s International Agency for Research on Cancer (IARC), which in 2015 labeled glyphosate as a probable carcinogen. It was also the first time the three U.N. scientists had spoken in detail about the data and analysis underlying their decision.

Testifying for the plaintiffs, Dr. Jameson, an animal toxicology expert retired from the National Cancer Institute and the National Institutes of Health, explained how scientists work together to consider the totality of the evidence published in peer-reviewed studies. Animal studies come first. If rodent studies show evidence of carcinogenicity, scientists turn to studies of human populations to see if humans in the real world—at real-world exposure levels—are similarly affected.

Jameson told the court that IARC benefited from what he said was an “extraordinarily high amount of animal study data” on glyphosate and that animal studies consistently showed that glyphosate causes cancer.

After listing a dozen studies showing replication of different cancers in mice and rats, Jameson concluded, “It is my opinion that exposure to glyphosate not only can cause non-Hodgkin lymphoma [in humans], but it is currently doing so, at current exposure levels today.”

Farm tractor spraying crops. (Photo credit: hpgruesen)

Another of the plaintiffs’ expert witnesses, Dr. Chadi Nabhan, an oncologist and medical director for Cardinal Health in Chicago, testified to the conservative nature of IARC’s history of labeling compounds as carcinogenic.

First of all, Nabhan said, there are barriers to getting IARC to even undertake an analysis. “You have to prove that there is enough human exposure to get IARC’s interest, and that there’s enough animal data,” he said. Over IARC’s 53-year history, he said the group had considered 1,003 compounds and found only 20 percent of them to be either carcinogenic or probable carcinogens.

“I firmly believe in the conclusions of the IARC, and that actually makes a huge difference for us as clinicians,” Nabhan said, adding that he tells his patients not to use Roundup and glyphosate. “These are modifiable risk factors,” he said.

Monsanto has vigorously opposed IARC’s ruling, spending millions of dollars on a wide-ranging campaign to discredit these scientists as well as IARC itself, calling its methodology “junk science.”

Monsanto’s experts, who specialized in biostatistics, veterinary medicine, and prostate cancer, challenged the validity of the plaintiffs’ experts’ data and studies and presented their own views of the data as well as conflicting research.

Animal studies expert Dr. Thomas Rosol, an Ohio University veterinary medicine professor, for instance, challenged the widely held scientific concept of biological plausibility, which assumes a substance found to be carcinogenic in mice should also be presumed to cause cancer in humans, citing one instance where a new drug that caused cancer in mice did not cause cancer in humans.

Dr. Lorelei Mucci, an associate professor at Harvard whose research focuses on prostate cancer, relied heavily on a 2017 paper that analyzed data from a long-term study of 90,000 commercial pesticide applicators, farmers, and farmers’ spouses from Iowa and North Carolina and found no relationship between glyphosate exposure and cancer. The plaintiffs’ epidemiology experts, in response, highlighted the flaws they observed in that study, pointing instead to multiple studies that showed an association between glyphosate and an increased risk of getting non-Hodgkin lymphoma.

This kind of back-and-forth, with each side presenting data that supports its point of view, is common in Daubert hearings, said Stanford’s Goodman. “It’s very hard for a judge to understand in the adversarial context what are legitimate criticisms and what aren’t,” he said. “And then often what happens is minor or moderate disagreements or uncertainties are blown up or magnified to make the really big distinctions just seem like differing judgments.”

He added that, while scientists can “clearly tell the difference between reasonable scientific differences and unreasonable scientific differences,” judges often cannot. But, he cautioned, the judge’s role in such hearings is not to decide the case itself, but to allow a jury to hear from all of the expert scientists who meet professional standards.

What Comes Next

At the end of Science Week, Chhabria shared what he had learned from it—both as his first Daubert hearing as well as a crash course in cancer risk assessment. A week later, Chhabria invited two of the plaintiffs’ experts back for further questioning. While he felt confident that the science shows that glyphosate causes cancer in animals, he said, the epidemiological conclusions were not as clear.

“My biggest takeaway is that epidemiology is a loosey-goosey science and that it is highly subjective,” said Chhabria, adding that he found the population health study evidence on the plaintiffs’ side to be “pretty sparse.”

Chhabria said, “I have a difficult time understanding how an epidemiologist could conclude … that glyphosate is in fact causing non-Hodgkin lymphoma in human beings…. But I also question whether anyone could legitimately conclude that glyphosate is not causing non-Hodgkin lymphoma in human beings.”

Whatever the judge’s beliefs may be, Chhabria noted that they are outside his purview within a Daubert hearing. “My role is to decide whether the opinions offered by the plaintiffs’ experts are within the range of reasonableness,” Chhabria said. “And the courts tell us that even a shaky opinion can be admissible because … that expert will then be subject to cross-examination. And the jury will get to hear all of the evidence, and decide who’s right and who’s wrong.“

Corn seed genetically engineered to withstand glyphosate spray. (Photo credit: Orin Hargraves)

Ricardo Salvador, a senior scientist and director of the Food and Environment Program at the Union of Concerned Scientists, said it’s hard for a non-scientist to assess the validity of epidemiological studies. “I think that epidemiology is being held to standards here that it cannot possibly meet because it’s an observational science,” he told Civil Eats. “The precision of the measurements are not going to be like controlled studies and lab bench work.”

Epidemiology, he explained, “is the tool that we have to detect signals at the population level. And when then a signal turns out to be something like non-Hodgkin lymphoma, there’s a public interest reason why we should pursue potential triggers or causes of that sort of epidemiology.”

Stanford’s Goodman notes that Daubert hearings require a judge to be willing to do “a lot of reading and homework outside the courtroom.” Since so much of what is said in the court is part of the arguments, he added, “The lawyers can always make little disagreements sound big, and sometimes big disagreements sound small.”

For instance, at the end of the oral arguments, Monsanto’s attorneys summed up the proceedings and told the judge that the plaintiffs’ experts had not used adjusted odds ratios in some of their calculations. The plaintiffs’ attorneys countered by citing the precise instances where their experts had used the proper methodology.

The tactic illustrates what Goodman says is one often used in Daubert hearings. “If a judge is not anchored by something outside of what he hears in the courtroom,” he said, “it’s going to be very hard—they’re trying to throw sand in his eyes. And it’s very, very difficult to see.”

Meanwhile, Michael Baum, an attorney for some of the plaintiffs, said that the Monsanto Papers—emails and internal memos received from Monsanto as part of the discovery process of these trials, and which revealed the company’s efforts to discredit IARC and mainstream science—had already made waves elsewhere in the world.

“It’s like the Wizard of Oz,” Baum said. “When you pull back the curtain, and when we sent all this evidence to E.U. decision makers, regulators, and legislators, they started seeing they’ve been fooled. Decision makers are starting to make different decisions.”

The E.U. voted in 2017 to limit glyphosate’s license renewal for a period of only five years, and many European countries have announced plans to end its use within three years. “Countries like France and Italy and Austria are saying … ‘we’re not waiting three to five years, we’re moving as soon as there is a viable alternative,’” Baum added.

Salvador cautioned that the process works differently in the U.S. In Europe, “the default is to be precautionary, so that the interest of the public, and public well-being and health are paramount,” he said. “In the United States, the worldview is that the interests of industry and their right to make a profit are dominant … which is very convenient for folks that profit from spewing chemicals into the environment.”

Chhabria last week scheduled followup hearings April 4-6 for more in-depth questioning of two of the plaintiff’s experts on their epidemiological conclusions. He is expected to rule in May about scientific evidence and experts permissible in federal cases. Meanwhile, lawsuits against Monsanto in state courts are set to start in June.

More Cabinet trouble for Trump? EPA chief lived in condo tied to lobbyist ‘power couple’

ABC News

EXCLUSIVE: More Cabinet trouble for Trump? EPA chief lived in condo tied to lobbyist ‘power couple’

By John Santucci, Matthew Mosk, Stephanie Ebbs    March 29, 2018

Scott Pruitt: Everything you need to know

For much of his first year in Washington, President Trump’s EPA Administrator Scott Pruitt occupied prime real estate in a townhouse near the U.S. Capitol that is co-owned by the wife of a top energy lobbyist, property records from 2017 show.

Neither the EPA nor the lobbyist, J. Steven Hart, would say how much Pruitt paid to live at the prime Capitol Hill address, though Hart said he believed it to be the market rate. The price tag on Pruitt’s rental arrangement is one key question when determining if it constitutes an improper gift, ethics experts told ABC News.

ABC News. A townhouse near the U.S. Capitol where EPA Administrator, Scott Pruitt is said to have stayed. The building is co-owned by the wife of a top energy lobbyist, property records from 2017 show. more +

“I think it certainly creates a perception problem, especially if Mr. Hart is seeking to influence the agency,” said Bryson Morgan, the former investigative counsel at the U.S. House of Representatives Office of Congressional Ethics. “That’s why there is a gift rule.”

Hart confirmed to ABC News in a brief interview that Pruitt had lived in the flat, which is owned by a limited liability company that links to an address listed to Hart and his wife Vicki Hart, a lobbyist with expertise in the healthcare arena. Steven Hart said Vicki Hart co-owns the condo. He said his wife was not the majority owner, but would not identify her partners.

“I have no ownership interest,” he said. “Obviously, I know the owners.”

Vicki Hart does no lobbying involving the EPA, her husband said. Her website says she previously worked as a senior health policy advisor for two Senate Majority Leaders before establishing her firm in 2002.

Steven Hart served in the Reagan Justice Department and became, according to his website, is one of the nation’s top fundraisers, donating more than $110,000 to Republican political candidates and committees last election cycle, records show.

In 2010, the newspaper Roll Call referred to the Harts as a “lobbyist power couple.”

Mr. Hart is the chairman and CEO of Williams and Jensen, a firm that reported more than $16 million in federal lobbying income in 2017, according to the Center for Responsive Politics. Among his many clients are the NRA, for whom he serves as outside legal counsel.

Just last year, Cheniere Energy Inc. reported paying Hart’s firm $80,000.

Hart’s firm specifically lobbied on “issues related to the export of liquefied natural gas (LNG), approval of LNG exports and export facilities.” The firm also lists on its website that it lobbies on other EPA policies like the Clean Air Act.

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Cheniere Energy Inc. owned the only active Liquid Natural Gas export plant in the United States at the time. Liquid natural gas exports was on the agenda for discussion during Pruitt’s December 2017 trip to Morocco, according to an agency press release.

On the trip, Pruitt pitched “the potential benefit of liquefied natural gas (LNG) imports on Morocco’s economy,” the release said.

Environmental Protection Agency. EPA Administrator Scott Pruitt, right, meets with Moroccan Minister of Energy, Mines and Sustainable Development, Aziz Rabbah during a trip to Morocco in December of 2017. more +

The revelations about Pruitt’s living situation come as more questions are being raised by members of Congress about his travel habits. The Morocco trip was one of Pruitt’s most expensive. ABC News has learned that Pruitt, his head of security, and an additional member of his staff, Samantha Dravis, all flew first class on the trip.

The EPA inspector general expanded an audit of Pruitt’s travel to include the Morocco trip in response to a request from Sen. Tom Carper, the ranking Democrat on a committee with oversight of EPA. Carper specifically asked the agency watchdog to look into whether Pruitt’s activities on the trip were “in line with EPA’s mission ‘to protect human health and the environment.”

Both environmental groups and members of Congress pointed out that the jurisdiction over natural gas exports typically falls to the Department of Energy – not the EPA.

Obtained by ABC News. A photo obtained by ABC News shows EPA Administrator Scott Pruitt deplaning a military-owned plane in June 2017 at New York’s John F. Kennedy International Airport. more +

A spokeswoman for Cheniere Energy declined to comment.

Another lobbying client of Hart’s, the railroad Norfolk Southern, spent $160,000 last year on lobbying Congress on “issues affecting coal usage, oil production, and transportation, including EPA regulation.”

Norfolk Southern also declined to comment when reached by ABC News.

Morgan, an ethics expert in private practice in Washington, D.C., said the lobbying connection only further muddies the living arrangement. He said the rental agreement could create ethics problems for Pruitt even if he did reimburse his landlord for rent.

“What are the terms of the rental agreement?” Morgan asked. “It’s not just a question if he is paying market rent. Was he given the ability to end it immediately? Would someone come after him if he were not to pay rent?”

Morgan said the most recent guidance from the Office of Government Ethics “emphasized that executive branch officials should decline even a permissible gift if it could cause the public to question their integrity or impartiality.”

EPA spokesman Jahan Wilcox declined to answer questions about the arrangement.

Vicki Hart reached on her cell phone, said she would call back to discuss the matter but never did.

Steven Hart declined to address details of the rental agreement, saying it was a private matter and up to Pruitt to decide whether they should be made public.

The White House has not responded to a request for comment from ABC News.

ABC News’ Katherine Faulders and Ali Dukakis contributed to this report