Author Archives: DorothyUn

Republicans Pull Bill to Repeal and Replace Obamacare

Mother Jones

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In a stunning defeat to House Speaker Paul Ryan and President Donald Trump, Republicans on Friday pulled from the House floor their bill to repeal and replace the Obamacare, abruptly cancelling a vote that was scheduled for Friday afternoon.

The GOP plan was originally scheduled for a vote on Thursday but was postponed amid doubts about whether it could pass. The vote was rescheduled for Friday, but apparently Republicans were still unable to cobble together enough support. Trump reportedly warned House Republicans that if they failed to pass the health care legislation, he was prepared to move on and keep Obamacare in place.

This is a breaking news post. We will update when more information becomes available.

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Republicans Pull Bill to Repeal and Replace Obamacare

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You Own Your DNA, But Who Gets to Interpret It?

Mother Jones

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Yesterday the FDA ordered 23andMe to immediately stop selling its DNA testing service until and unless it gets agency approval. This is the end game of a very long cycle: regulatory reviews of genetic testing have been going on, in one form or another, for more than 15 years, and along the way there have been repeated bipartisan calls for more rigorous rules to ensure that consumers get accurate and judicious information. In 2010, for example, the GAO conducted an undercover investigation of four genetic testing companies and concluded that “GAO’s fictitious consumers received test results that are misleading and of little or no practical use.”

Nonetheless, the FDA’s action yesterday produced a flurry of criticism, especially from the libertarian right. Alex Tabarrok is typical:

The FDA wants to judge not the analytic validity of the tests … but the clinical validity, whether particular identified alleles are causal for conditions or disease. The latter requirement is the death-knell for the products because of the expense and time it takes to prove specific genes are causal for diseases….Here is why I think the FDA’s actions are unconstitutional. Reading an individual’s code is safe and effective. Interpreting the code and communicating opinions about it may or may not be safe—just like all communication—but it falls squarely under the First Amendment.

I’m pretty sure this is nowhere near so cut and dried. The relevant distinction here is between medical information and medical advice: the former is protected speech while the latter isn’t. And while your genome may be medical information, interpreting your genome and explaining whether it puts you at risk for different diseases is very close to medical advice. And not just general medical advice, of the kind that Dr. Oz purveys on television. It’s specific, personal medical advice, of the kind that only licensed physicians are allowed to provide.

That’s the argument, anyway. If 23andMe is going to perform a lab test and then send you a personal letter suggesting that you, personally, are or aren’t at high risk for some disease, it’s acting an awful lot like a doctor. But for better or worse, only doctors are allowed to act like doctors, and the FDA thinks that complex and sometimes ambiguous test results should be communicated to patients by licensed MDs who know what they mean.

It turns out there’s more to this particular case, of course: the FDA’s letter makes it pretty clear that they’re fed up with 23andMe, which has apparently been almost arrogantly unresponsive to standard requests for documentation:

As part of our interactions with you, including more than 14 face-to-face and teleconference meetings, hundreds of email exchanges, and dozens of written communications, we provided you with specific feedback on study protocols and clinical and analytical validation requirements, discussed potential classifications and regulatory pathways (including reasonable submission timelines), provided statistical advice, and discussed potential risk mitigation strategies.

….However, even after these many interactions with 23andMe, we still do not have any assurance that the firm has analytically or clinically validated the PGS for its intended uses….Months after you submitted your 510(k)s and more than 5 years after you began marketing, you still had not completed some of the studies and had not even started other studies….FDA has not received any communication from 23andMe since May. Instead, we have become aware that you have initiated new marketing campaigns, including television commercials that, together with an increasing list of indications, show that you plan to expand the PGS’s uses and consumer base without obtaining marketing authorization from FDA.

Ouch. By happenstance, this brought to mind a Felix Salmon post from yesterday. It was about GoldieBlox, another high-flying Silicon Valley startup that apparently believes federal laws apply only to ordinary mortals—not to rebelliously innovative and disruptive companies that are going to change the very way we interact with the world. Salmon describes the “Silicon Valley way” like this: “First you make your own rules — and then, if anybody tries to slap you down, you don’t apologize, you fight.”

This sure sounds an awful lot like 23andMe. I’m actually sort of agnostic about the issue of whether personal genome services should fall into the category of highly regulated diagnostic tests. The line between information and advice is genuinely gray here. But regardless of that, this isn’t something that suddenly popped up out of nowhere. It’s been on the FDA’s radar for a long time, and 23andMe was well aware of the FDA’s requirements. They sure look an awful lot like a Silicon Valley company that figured they could stall them forever and never pay a price.

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You Own Your DNA, But Who Gets to Interpret It?

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The Silence of the Wounded: What Happens to Soldiers After Leaving the Battlefield

Mother Jones

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This story first appeared on the TomDispatch website.

The last time I saw American soldiers in Afghanistan, they were silent. Knocked out by gunfire and explosions that left them grievously injured, as well as drugs administered by medics in the field, they were carried from medevac helicopters into a base hospital to be plugged into machines that would measure how much life they had left to save. They were bloody. They were missing pieces of themselves. They were quiet.

It’s that silence I remember from the time I spent in trauma hospitals among the wounded and the dying and the dead. It was almost as if they had fled their own bodies, abandoning that bloodied flesh upon the gurneys to surgeons ready to have a go at salvation. Later, sometimes much later, they might return to inhabit whatever the doctors had managed to salvage. They might take up those bodies or what was left of them and make them walk again, or run, or even ski. They might dress themselves, get a job, or conceive a child. But what I remember is the first days when they were swept up and dropped into the hospital so deathly still.

They were so unlike themselves. Or rather, unlike the American soldiers I had first seen in that country. Then, fired up by 9/11, they moved with the aggressive confidence of men high on their macho training and their own advance publicity.

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The Silence of the Wounded: What Happens to Soldiers After Leaving the Battlefield

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I Am Now Very Confused by John Boehner

Mother Jones

I do not understand this:

With a budget deal still elusive and a deadline approaching on raising the debt ceiling, Speaker John A. Boehner has told colleagues that he is determined to prevent a federal default and is willing to pass a measure through a combination of Republican and Democratic votes, according to one House Republican.

The lawmaker, who spoke on the condition of not being named, said Mr. Boehner indicated he would be willing to violate the so-called Hastert rule if necessary to pass a debt limit increase. The informal rule refers to a policy of not bringing to the floor any measure that does not have a majority of Republican votes.

Other Republicans also said Thursday that they got the sense that Mr. Boehner, who held two meetings Wednesday with groups of House moderates, would do whatever was necessary to ensure that the country did not default on its debt.

That’s good to hear. But it doesn’t make sense. For months now, Boehner has been telling his caucus not to use a government shutdown as leverage to cut spending or defund Obamacare, but instead to use the debt ceiling as leverage. That’s been his consistent strategy since March.

But now he’s telling them that, in fact, the debt ceiling can’t be used as a hostage after all? That’s weird. Of course, at the same time that he’s been begging his caucus to use the debt ceiling as leverage, he’s also been promising that he will never “risk the full faith and credit of the United States.” So this has been confusing all along.

I don’t know what’s going on anymore. In the meantime, however, here’s a video of brave, brave Rep. Randy Neugebauer (R-Texas) publicly berating some poor park ranger for being stuck doing a terrible job that Rep. Randy Neugebauer (R-Texas) has forced her to do. Kinda makes you want to puke.

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I Am Now Very Confused by John Boehner

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Is $7 Billion in Anti-Hunger Support Falling Through the Cracks?

Mother Jones

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Ending hunger for millions of people by boosting food production worldwide has long been a priority of the Obama administration, advanced through its $7 billion Feed the Future initiative. Yet according to a new report by the Government Accountability Office (GAO), it’s not clear if Feed the Future is working as intended, or if its funds are falling through the cracks.

The idea behind Feed the Future, a multi-agency initiative led by the US Agency for International Development (USAID), is to link agribusiness with governments in poor countries to grow more food for local consumption and export. Currently, are 19 Feed the Future “focus countries,” selected both for their high rates of starvation and for their potential for attracting agribusiness investment. These include Senegal and Tanzania (two stops on Obama’s African tour this summer), Ethiopia (where USAID recently partnered with PepsiCo to train farmers to grow chickpeas for Sabra Hummus), Cambodia, Haiti, and Guatemala.

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Is $7 Billion in Anti-Hunger Support Falling Through the Cracks?

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Palm oil: Bad for workers as well as orangutans

Palm oil: Bad for workers as well as orangutans

Palm oil has stirred concern among treehuggers and animal lovers for years now. Following its explosion in popularity as a trans-fat-free alternative, we started finding out about the dark side of its production — namely, the destruction of Southeast Asian rainforest, habitat to lovable orangutans. Ecological outrage conflicted with our fondness for favorite snack foods, like Girl Scout cookies, challenging our morals as conscious consumers.

David Gilbert/Rainforest Action Network

Open burning in newly cleared rainforest at Duta Palma’s PT Ledo Lestari palm oil plantation.

But while the environmental sins of the palm oil industry have been well documented, its human-rights abuses have been overlooked — until now. Bloomberg Businessweek reports on the findings of a nine-month investigation:

Among the estimated 3.7 million workers in the industry are thousands of child laborers and workers who face dangerous and abusive conditions. Debt bondage is common, and traffickers who prey on victims face few, if any, sanctions from business or government officials.

Bloomberg relates the story of one 19-year-old Indonesian called “Adam” (a pseudonym) and his cousin, who left their rural island home with the foreman of a palm oil plantation who promised to pay them $6 a day (approximately the minimum wage in Borneo, where they were headed) to drive trucks. Along the way, he coerced them into signing a contract that obliged them to do any kind of work their boss asked for only $5 a day — but only after two years’ unpaid work, during which they were “loaned” $16 a month for basic necessities. Workers at the plantation, owned by major palm oil supplier Kuala Lumpur Kepong, told of not being allowed to leave without permission, and of a policy that no “reason/excuse whatsoever” would be accepted for a worker to go home during the first two years. They had essentially become slaves, trapped in miserable conditions 2,000 miles from home:

At PT 198, a plantation near Berau owned by top KLK shareholder Batu Kawan, workers entered a system of tightly controlled forced labor, according to Adam and other alleged victims. At least 95 workers were held at the plantation for up to two years. At night they were locked in stifling, windowless barracks. An environmental NGO, Menapak, later reported that they were fed small portions of salted fish and rice, which several said were often weevil-infested. A truck with fresh water came once a month, but that supply would last no more than a week; workers pulled most water for cooking, cleaning, and drinking from a stagnant ditch that ran alongside the barracks. Adam says [their boss] confiscated their national identity cards and school certificates, along with a deed to a home, which his village collectively owned.

Instead of working as drivers or low-level administrators, the workers were ordered to prepare the newly planted palm groves. Some had to spread at least 20 50-kilogram sacks of fertilizer each day. If they fell short, they had to make it up the next day or see their already deferred pay cut. They say they were required to spray with the herbicide Paraquat, a substance that’s been linked to kidney and liver damage and is banned in at least 32 countries. (China, which announced in April it would phase out the herbicide, would be the 33rd.) Because they weren’t given protective gear, some claim to have suffered respiratory damage. An alleged victim, “Jacob,” who was held with his wife for two years at PT 198, reported nightly bloody coughing fits but says [the foreman] denied him adequate medical care.

Adam and his cousin eventually escaped (with the help of a coal-company truck, incidentally). A supervisor at the plantation later alerted authorities to the conditions there, and a few months later, after intervention from NGO Menapak, a palm-oil watchdog group, and a national labor union, followed by reporting by Rainforest Action Network, KLK officials apologized to workers and promised to pay for their passages home and return their stolen pay. Adam says he received neither, and it appears that the officials responsible for abuses at PT 198 may still be working for KLK.

KLK palm oil and its derivatives have been sold, through Cargill, to Nestle, General Mills, Kraft, and Kellogg. Derivatives of KLK palm oil also appear in Procter & Gamble’s Crest toothpaste, Gillette shaving cream, and Olay skin-care products. KLK is a member of the Roundtable on Sustainable Palm Oil, which claims a commitment to bettering the industry. But critics question the depth of RSPO’s investment in sustainability. Only 35 percent of member growers have been certified as sustainable — a process involving third-party evaluation — and no member has ever been penalized for labor violations, despite the fact that, according to Tomasz Johnson of London’s Environmental Investigation Agency, “Every time an NGO shines a light into the activities of an RSPO producer, it finds dirt.”

According to Bloomberg, when told about these alleged human rights violations, Kellogg, Kraft, General Mills, and Procter & Gamble all simply referred to their supplier codes of conduct, which supposedly forbid such abuses. Nestle promised to investigate further. Cargill, the largest privately held company in the U.S., brushed off the allegations, saying it had concluded that KLK was in the clear.

Though the U.S. and some European countries have started to exert pressure on the industry, their impact is outweighed by consumers in China and India, which import more than a third of the world’s palm oil. As long as these countries’ middle classes, with their appetite for cooking oil, keep growing, palm oil will have a booming market, and the industry may see little reason to change its practices: A 2009 Ruder Finn Asia study found that only 5 percent of Chinese consumers consider labor conditions when they make purchases. That study also reported, however, that 44 percent of Chinese would pay more for more environmentally friendly products (compared to less than 40 percent of Brits and Americans).

Does orangutan well-being present a more powerful impetus for change than human rights? Perhaps combined consumer outrage at both, plus a helping of corporate guilt, will finally be enough to get the industry to clean up its act.

Claire Thompson is an editorial assistant at Grist.

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Palm oil: Bad for workers as well as orangutans

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Wall Street Dodges Financial Reform Again

Mother Jones

The Dodd-Frank financial reform act, the law designed to clean up the abuses that led to the financial crisis, celebrates its third birthday this month. But only about a third of the rules required by the legislation have been finalized so far, and even those are not going into effect as scheduled. This week provided a perfect example of why that is: The Federal Reserve granted Goldman Sachs a two-year extension to implement a key Dodd-Frank rule that would require banks to move risky trading into separate affiliates that are not backed by the Federal Deposit Insurance Corporation (FDIC). Several other of the nation’s biggest banks won the same exemption last month.

Financial reformers are not shocked. “Quelle surprise!” quips Bart Naylor, a policy advocate at the consumer advocacy group Public Citizen. “The Federal Reserve decides to heed the crush of Wall Street lobbyists.”

The Dodd-Frank rule, which Goldman Sachs was supposed to implement by July 16, requires FDIC-insured banks to move most of their derivatives trades into separate firms so that when a trade goes bad the bank will have to handle the fallout, not taxpayers. (Derivatives are financial products with values derived from underlying variables, like crop prices or interest rates; they were a major catalyst in the economic meltdown of 2008.) In its request for an extension, Goldman told the Federal Reserve—the main overseer of derivatives dealers—that complying with the deadline would mean the firm would need to either divest or stop a big portion of its swaps trading; a transition period, Goldman said, would be needed to ensure that the rest of the economy is not damaged by the shift. On Tuesday, the Fed agreed.

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Wall Street Dodges Financial Reform Again

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FAQ: What You Need to Know About the NSA’s Surveillance Programs

Mother Jones

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This story first appeared on the ProPublica website.

There have been a lot of news stories about NSA surveillance programs following the leaks of secret documents by Edward Snowden. But it seems the more we read, the less clear things are. We’ve put together a detailed snapshot of what’s known and what’s been reported where.

What information does the NSA collect and how?
We don’t know all of the different types of information the NSA collects, but several secret collection programs have been revealed:

A record of most calls made in the United States, including the telephone number of the phones making and receiving the call, and how long the call lasted. This information is known as “metadata” and doesn’t include a recording of the actual call (but see below). This program was revealed through a leaked secret court order instructing Verizon to turn over all such information on a daily basis. Other phone companies, including AT&T and Sprint, also reportedly give their records to the NSA on a continual basis. All together, this is several billion calls per day.

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FAQ: What You Need to Know About the NSA’s Surveillance Programs

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Obama says a climate plan is coming next month, so climate hawks delay lawsuit

Obama says a climate plan is coming next month, so climate hawks delay lawsuit

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“Sit tight, guys. Climate rules are coming soon, I swear.”

A cavalry of lawyers representing states and environmental groups was expected to launch a legal assault against the Obama administration this week over its slow movement on climate rules, but the charge was postponed at the 11th hour.

What changed? Obama has been telling donors that he plans to unveil new climate change regulations as part of a larger climate strategy next month.

Those regulations are expected to include a long-awaited rule on carbon dioxide emissions from new power plants, which would likely make it impossible to build new coal plants unless they have carbon-capture technology. The administration has been delaying release of that rule, reportedly working to improve it so it can better withstand the inevitable industry lawsuits. That delay in turn prompted states and environmental groups to threaten their own lawsuit.

From Reuters:

The attorney generals of New York and nine other states, along with three major green groups, had planned to sue the EPA this week because it missed a deadline in April to finalize emissions standards for new electric power plants.

Two months after notifying the agency they intended to sue, the consortium had expected to file as early as Monday, but backed off temporarily to allow the White House to disclose its climate plans.

“Due to public reports that the president will be announcing major action on climate change very soon, the Attorney General has decided to postpone a lawsuit on this matter for a short period,” said Melissa Grace, a spokeswoman for New York Attorney General Eric Schneiderman.

So the prospect of a new climate initiative is enough to mollify the would-be litigants — for now.

But climate activists are still restless and unhappy, particularly over Obama’s indecision on the Keystone XL pipeline. Just yesterday, 22 activists were arrested during a Keystone protest outside a State Department office in Chicago.

John Upton is a science fan and green news boffin who tweets, posts articles to Facebook, and blogs about ecology. He welcomes reader questions, tips, and incoherent rants: johnupton@gmail.com.

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Obama says a climate plan is coming next month, so climate hawks delay lawsuit

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Blumenthal: “I’m Not Going to Doom Immigration Reform”

Mother Jones

Lawmakers and the families of Newtown victims held a midday press conference on Capitol Hill Thursday—the day before the six-month anniversary of the Newtown shooting—part of a renewed, day-long effort to revive the Senate’s failed gun background check legislation. Connecticut Sen. Richard Blumenthal, a Democrat and key advocate for the victims during the gun debate, vowed to defeat the “schoolyard bullies” of the National Rifle Association in that effort, but he was less certain about whether to inject gun control into the ongoing immigration reform debate.

Blumenthal has proposed two gun-related amendments to the immigration bill being considered in the Senate. One would deny immigrants on visa waivers from buying guns; the other would require the US attorney general to alert the Department of Homeland Security when undocumented immigrants attempt to buy guns or when non-citizens attempt mass gun purchases. When the Senate judiciary committee considered the immigration bill, Blumenthal chose not to push for a vote the gun amendments. But he has considered filing them now that the immigration bill is on the Senate floor. Doing so would trigger a major fight, with NRAish senators likely to go ballistic.

“I’m not going to doom or cripple immigration reform efforts to raise those amendments,” Blumenthal told Mother Jones after Thursday’s conference, echoing similar comments he made earlier this week. But, he added, “The issue of gun violence belongs in the debate.” In other words, Blumenthal won’t doom immigration reform—but he might.

Last week, Sen. Lindsey Graham (R-S.C.) called Blumenthal’s amendments “problematic” because they would sidetrack progress on immigration reform with a gun debate. Democrats, unwilling to let immigration talks implode over controversial amendments, are also eyeing the amendments with caution.

Senate Majority Leader Harry Reid (D-Nev.), who controls the amendment process, is in discussions with Sen. Mitch McConnell (R-Ky.), the minority leader, to determine which measures will get a vote. McConnell told Mother Jones Thursday that there is “nothing new” yet on which amendments will get floor time. Blumenthal said he is still discussing his amendments with Senate leadership and other colleagues to determine if they would be receptive.

At the press conference, Democrats claimed a renewed fight over background checks is possible. Reid said that he would reintroduce a background check bill in the Senate once he secures 60 votes in order to overcome a filibuster, claiming he has made progress with a couple Republicans. “The writing is on the wall,” Reid said. “Background checks will pass the United States Senate, it’s just a matter of time.”

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Blumenthal: “I’m Not Going to Doom Immigration Reform”

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