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Christie Lawyers Engage in Special Pleading For Their Client

Mother Jones

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A couple of months ago, Chris Christie hired a legal firm to investigate whether Chris Christie knew about the September 9-12 lane closures on the George Washington Bridge. So they went off and investigated. Among other things, they investigated the charge from David Wildstein that he had mentioned the lane closures to Christie during a September 11 memorial ceremony. Check out the way Christie’s legal firm dealt with this:

There is, however, no evidence we have seen that the Governor and Wildstein actually had any substantive discussion of the Fort Lee lane realignment at that public event.

To begin with, it seems incredible that, in a public setting leading up to a 9/11 Memorial event, surrounded by other government officials and scores of constituents seeking photographs and handshakes, anything substantive or inculpatory would have been discussed.

Moreover, the context of Wildstein’s counsel’s claim that “evidence exists” of the Governor’s alleged knowledge of the lane realignment is critically important….Wildstein’s counsel’s letter was a not-too-subtle attempt to press the Port Authority into granting Wildstein indemnification while, at the same time, to induce federal authorities to grant Wildstein immunity in exchange for Wildstein’s information here.

….In any event, even if credited, any passing reference by Wildstein—made in a social, public setting at the time of a public 9/11 Memorial event—to a traffic issue in Fort Lee would not have been meaningful or memorable to the Governor. Indeed, it seems highly unlikely such a brief mention, even if made by Wildstein to the Governor, would have registered with the Governor at all. Only a more substantive conversation about the ulterior motive behind the Port Authority’s traffic study would have registered, and in that public setting, any claim that such a conversation occurred would lack credibility. In any event, the Governor recalls no such exchange.

Tell me: does this sound like a dispassionate review of the evidence? Or does it sound like the closing arguments to a jury on behalf of a client accused of corruption?

I have no real opinion about whether Christie knew about the lane closures. My guess is that he didn’t, though that’s mainly because I credit him with not being a complete moron. At this point, my guess remains that Christie set up a nakedly political operation in his office; made it clear what he expected of them; and then let them freewheel without much supervision. The result was a bunch of eager beavers who eventually decided they were invulnerable and started doing really stupid things.

But those are just guesses. My real interest in this passage is the tone of voice. And that tone is plain: these guys are going out of their way to spin the evidence to exonerate Christie. I suspect the entire report should be read with that in mind.

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Christie Lawyers Engage in Special Pleading For Their Client

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Congress successfully took the wind out of wind energy’s sails last year

Congress successfully took the wind out of wind energy’s sails last year

Kaj Iversön

America’s fossil fuel-smitten Congress helped China blow the U.S. out of the water last year when it came to installing new wind energy farms.

A little more than 16 gigawatts of new wind capacity came online in China in 2013 — nearly half of the 36 gigawatts installed around the world. Compare that with a little more than 1 gigawatt that was installed in the U.S. — down alarmingly from 13 gigawatts the year before.

That means American wind installations plummeted in a single year despite the falling price of wind energy, which is becoming lower than the price of electricity produced by burning natural gas in some parts of the country.

Dude, where’s our wind? Well, the latest figures were calculated by Navigant Research, and it blamed a “politically divided Congress” in a new paywalled report for the faltering wind growth in the U.S.

Congress allowed wind energy tax credits to blow away at the end of 2013 — so why would 2013′s installation figures be so bleak? According to the report, it was all about uncertainty. Lawmakers ”failed to extend tax incentives in time to positively impact the 2013 development and construction cycle.”

(Needless to say, Congress, which failed to extend the tax credits amid fossil fuel lobbyist whining that the wind energy industry needs to stand on its own feet, failed to do anything about the billions of dollars in subsidies doled out to fossil fuel companies every year.)

The new report contains some bleak news for those accustomed to reading about runaway growth in renewables. Less wind capacity was installed around the world in 2013 than had been the case in 2012 — the first time that such a decline has been recorded in eight years.

Still, thing are looking bright — particularly for the emerging offshore wind sector. Thirteen new offshore projects added 1.7 gigawatts of capacity last year — up by 50 percent compared with 2012. And 6.6 gigawatts of new offshore capacity is currently under construction.

The researchers forecast that the sector will rebound globally this year, with new installations expected to better last year’s effort by 30 percent. By the end of 2014, the researchers say wind energy will be meeting 2.9 percent of the world’s demand for electricity — a figure they expect to rise to 7.3 percent by 2018.

Navigant ResearchClick to embiggen.


Source
World Market Update 2013, Navigant Research

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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Congress successfully took the wind out of wind energy’s sails last year

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Narrow Networks Are Going to Bite a Lot of Obamacare Customers

Mother Jones

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A few days ago, reader JF sent me an email about a problem he’s had with his new Obamacare policy:

I’m a single dad living in LA. I have been underemployed/unemployed for the past few years, and until January had been paying through the nose for an individual policy for myself and my son. I am very familiar with the ins and outs of health insurance and I’m used to checking with every provider beforehand to quantify out of pocket costs. It was a godsend to have affordable insurance as of January. I qualified for a heavily subsidized Silver plan. I want the ACA to work, and to work well.

It didn’t for me. Here’s what happened. The first time I sought care under my new policy it was in January for a standard annual checkup. I’m a healthy guy so for me it’s a few questions from the doctor and then they draw blood. My ACA plan allowed me to get this care with a co-pay of $3.

Then I got the bill from the blood lab for $800. The doctor sent it to a lab outside the ACA network. Yeah, I know, I could have double checked with the doc to make sure the blood was sent to an in-network lab (I had already checked once). Bottom line is that a CBC blood test is going to cost me EIGHT MONTHS worth of my subsidized insurance premiums.

Here’s the bad story on the horizon: Imagine what’s going to happen when millions of newly insured people, not savvy about how to police health care costs, start to get bills that far exceed what CoveredCA or healthcare.gov promised them? “My Obamacare policy cost me $800 for a blood test” is the next headline. It’s in line with the horror stories from Steven Brill last year.

I think progressives need to start talking about this because it should be addressed by our side, not just to avoid mid-term election embarrassment, but because poor folks can be harmed by it. Hand waving this away as “we got poor people insurance, our job is done” is a mistake.

How common are experiences like this? Common enough that a recent Commonwealth Fund report explicitly addresses this precise problem. Andrew Sprung saw the report, and it triggered his memory about a similar problem he had a few years ago when he checked himself into an ER with chest pains:

The ER team decided to keep me overnight and informed me that I would be checking out against advice if I left early. By the time I’d had two EKGs it was clear nothing was wrong with my heart, but I subjected myself to a CT-scan with stress test, an ultrasound, and a $20k tab of which we paid nothing except maybe a $100 deductible (and which the self-insured hospital network essentially paid itself, I suppose).

So I was weak and foolish — with one exception. At the beginning, I had to sign a release agreeing to pay for any out-of-network care I received in-hospital. The attending doctor was at hand at the time. I asked him if he was in-network. He said he didn’t know. I said, how can you not know? He said his office dealt with “hundreds” of insurance plans. He offered to check. I said please do. He came back a few minutes later and said he had confirmed that he accepted the insurance plan provided to employees of the hospital he was standing in.

So there are several lessons here. First, narrow networks aren’t unique to Obamacare. They’ve been a growing problem with private insurance plans for years (see chart on right). Second, it gets worse with Obamacare in some states because of the narrow networks supported by nearly all ACA insurers. JF confirmed to me that he had a Blue Shield plan, but that’s not the whole story. “The blood lab in question is in network for Blue Shield, but not for Blue Shield CoveredCA plans, as per everyone I’ve spoken to about it.”

Third, it’s really hard to be alert enough all the time to avoid this. You have to remember to ask every time. You have to ask every doctor, and you have to ask for every lab test. And most doctors don’t know, and don’t really want to be bothered finding out. So you have to be very, very persistent.

And most of us aren’t very, very persistent. Especially if, say, we’re in an ER worried that chest pains might be an indication of an oncoming heart attack.

How big a deal is this? I don’t have any way of knowing. But JF is certainly right that it’s the kind of thing that can give Obamacare a bad name if it happens often enough. Unfortunately, there’s no plausible legislative tweak to address this, since Republicans are implacably opposed to improving Obamacare in any way, shape, or form. At best, there might be a way to partially address it with HHS regulations.

In any case, buyer beware. If you have any kind of health coverage at all, this is probably something to keep in mind. If you have an Obamacare policy, especially in a narrow-network state like California, it’s something to keep doubly in mind.

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Narrow Networks Are Going to Bite a Lot of Obamacare Customers

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Watch the US Drop 2.5 Million Tons of Bombs on Laos

Mother Jones

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Between 1964 and 1973, the United States dropped around 2.5 million tons of bombs on Laos. While the American public was focused on the war in neighboring Vietnam, the US military was waging a devastating covert campaign to cut off North Vietnamese supply lines through the small Southeast Asian country.

The nearly 600,000 bombing runs delivered a staggering amount of explosives: The equivalent of a planeload of bombs every eight minutes for nine years, or a ton of bombs for every person in the country—more than what American planes unloaded on Germany and Japan combined during World War II. Laos remains, per capita, the most heavily bombed country on earth.

The map above, created by photographer Jerry Redfern, provides another view of the massive scale of the bombing. Each point on the map corresponds to one US bombing mission starting in October 1965; multiple planes often flew on missions.

The unfinished aftermath of the air campaign is the subject of Redfern and Karen Coates’ new book, Eternal Harvest: The Legacy of American Bombs in Laos. This stunning book, seven years in the making, documents how the secret air war is still claiming lives more than four decades after it ended.

More than 100 Laotians fall victim to unexploded cluster bombs annually, delayed casualties of Operation Barrel Roll and Operation Steel Tiger, which dropped 270 million cluster bomblets. Packed by the dozens or hundreds in canisters, cluster bombs are designed to open in midair, scattering small explosives across a wide radius. Yet not all of them detonated, and today, 80 million live bomblets lurk under Laos’ soil.

Cleaning up the unexploded ordnance (UXO) has been agonizingly slow. In January, Congress approved $12 million for UXO clearance and related aid in Laos. In comparison, the bombing cost the United States spent $17 million a day in inflation-adjusted dollars.

Below, a selection of Redfern’s photographs from Eternal Harvest. Learn more about his and Coates’ work at their website.

An aerial view of the countryside around Phonsavanh, Laos, shows craters from the US bombing campaign.

Workers found this unexploded bomb shell in a quarry. It awaits a clearance team, which will attempt to defuse it safely.

Left: Bo Ya, 35, lost his hands and most of his vision 10 years ago when he picked up some unexploded ordnance (UXO). Right: A pile of bomb scrap, shrapnel, and cluster bombs lies next to a new home along the old Ho Chi Minh Trail.

A Vietnamese trader and his family eat dinner by a heap of shrapnel and cluster bombs and an artillery shell. Scrap-metal traders buy bomb debris from Laotians who collect it in the fields and forests.

A technician with an unexploded ordnance disposal team scans for bombs along the new road built atop the old Ho Chi Minh Trail. People began building new homes in this spot before the area had been cleared.

Left: A 750-pound bomb is detonated by a clearance team. Right: A woman and her children paddle down the Banghiang River in a canoe fashioned from fuel tanks dropped by American bombers.

A guesthouse with decorations fashioned from war detritus caters to foreigners in the town of Phonsavanh.

Ethnic Lave kids count the money they earned from selling bomb scrap.

The lobby of the Vinh Thong Guesthouse in Phonsavan displays an amazing array of defused UXO as well as a mural depicting the 1968 bombing of the Plain of Jars.

Children study by a UXO warning poster in a one-room schoolhouse in Ban Pakeo.

A dud rocket found in a clump of bamboo. It was later detonated by a bomb disposal team.

Left: A planter made from the tail fins of an American bomb in Vieng Xay, a former stronghold of the Pathet Lao communist guerillas. Right: Sou Lin Phan poses next to a large dud bomb in the middle of his village in Xieng Khouang Province.

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Watch the US Drop 2.5 Million Tons of Bombs on Laos

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Are We Becoming China’s Factory Farm?

Mother Jones

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Illustration: Michael Klein

China is in the midst of a love affair with pork. Its consumption of the stuff has nearly doubled since 1993 and just keeps rising. The Chinese currently eat 88 pounds per capita each year—far more than Americans’ relatively measly 60 pounds. To meet the growing demand, China’s hog farms have grown and multiplied, and more than half of the globe’s pigs are now raised there. But even so, its production can’t keep up with the pork craze.

So where is China looking to supply its demand for chops, ribs, loins, butts, and bellies? Not Southeast Asia or Africa—more like Iowa and North Carolina. US pork exports to China surged from about 57,000 metric tons in 2003 to more than 430,000 metric tons in 2012, about a fifth of all such exports. And that was before a Chinese company announced its intention to buy US pork giant Smithfield Foods in 2013. The way things are going, the United States is poised to become China’s very own factory hog farm. Here are a few reasons why:

It’s now cheaper to produce pork in the US than in China. You read that right: Our meat industry churns out hogs for about $0.57 per pound, according to the US Department of Agriculture, versus $0.68 per pound in China’s new, factory-scale hog farms. The main difference is feed costs. US pig producers spend about 25 percent less on feed than their Chinese counterparts, the USDA found, because the “United States has more abundant land, water, and grain resources.”

Americans are not as fond of “the other white meat” as we once were. You wouldn’t know it from the menus in trendy restaurants, but US consumers’ appetite for pork hit a peak in 1999 and has declined ever since. Yet industry, beholden to shareholders demanding growth, keeps churning out more. According to its latest projections, the USDA expects US pork exports to rise by another 0.9 metric tons by 2022—a 33 percent jump from 2012 levels.

Much of China’s arable land is polluted. Fully 40 percent has been degraded by erosion, salinization, or acidification—and nearly 20 percent is tainted by industrial effluent, sewage, excessive farm chemicals, or mining runoff. The pollution makes soil less productive, and dangerous elements like cadmium have turned up in rice crops.

Chinese rivers have been vanishing since the 1990s as demand from farms and factories has helped suck them dry. Of the ones that remain, 75 percent are severely polluted, and more than a third of those are so toxic they can’t be used to irrigate farms, according to a 2008 report by the Chinese government. According to the World Bank, China’s average annual water resources are less than 2,200 cubic meters per capita. The United States, by contrast, boasts almost 9,400 cubic meters of water per person.

Chinese consumers are losing trust in the nation’s food supply—and will pay for alternatives. A spate of food-related scandals over the past half decade has made food safety the Chinese public’s No. 1 concern, a 2013 study from Shanghai Jiao Tong University found. Judith Shapiro, author of the 2012 book China’s Environmental Challenges and director of the Natural Resources and Sustainable Development program at American University, says she expects Smithfield pork to command “quite a premium” in China, because it’s perceived as safer and better than the domestic stuff. Already, “US pork is particularly popular and commands premium prices, as it is viewed as higher quality due to our strict food safety laws,” a Bloomberg Businessweek columnist reported last July.

But what’s good for pork exporters may not be good for the United States: More mass-produced pork also means more pollution to air and water from toxic manure, more dangerous and low-wage work, and more antibiotic-resistant pathogens. And that’s just the beginning. In addition to ramping up foreign meat purchases, China is also rapidly transforming its domestic meat industry along the US industrial model—and importing enormous amounts of feed to do so. The Chinese and their hogs, chickens, and cows gobble up a jaw-dropping 60 percent of the global trade in soybeans, and the government may soon also ramp up corn imports—because while Beijing currently limits foreign corn purchases, meat producers are clamoring for more. And where does a third of the globe’s corn come from? You guessed it: The good old USA.

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Are We Becoming China’s Factory Farm?

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Kate Winslet’s “Divergent” Character Is Like a Brainy, Science-Driven Hitler

Mother Jones

The people who made Divergent desperately want it to be the next The Hunger Games, with all the piles of money that come with a franchise of the kind. The new sci-fi movie (released on Friday) is based on the Veronica Roth young-adult novel of the same name, set in an isolated, dystopian Chicago. Much like The Hunger Games books and movies, Divergent depicts young, good-looking people fighting totalitarianism in a war-ravaged future. (In Divergent, the youthful heroine is Beatrice “Tris” Prior, played by the talented Shailene Woodley.)

There is plenty wrong with Divergent, including that it’s a drowsy action flick (first in a planned trilogy) that reeks of studio executives’ cynical attempts to cash in on the international commercial success of a similarly themed series. Whereas the villains in The Hunger Games make up a totalitarian regime that resembles North Korea but with superior reality TV, the bad guys in Divergent resemble grown-up college nerds who are black-out drunk on political power.

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Kate Winslet’s “Divergent” Character Is Like a Brainy, Science-Driven Hitler

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Billions of pounds of sea life die every year to feed our seafood appetite

Billions of pounds of sea life die every year to feed our seafood appetite

NOAA

A ring seal entangled in fishing equipment — aka bycatch.

For every pound of sashimi, barbecued shrimp, or grilled sea bass that you stuff into your mouth, you’re basically spitting four ounces of marine life onto the floor.

The nonprofit Oceana published a detailed report on Thursday cataloguing the egregious problem of bycatch in U.S. fisheries. Bycatch is a word that refers to the sharks, turtles, whales, non-edible fish, and other critters that are inadvertently hauled into fishing boats or caught up in the gear of fishing fleets that are pursuing more palatable and lucrative species.

Such gratuitous killing wreaks havoc with marine food chains that are needed to support sustainable fisheries. From Oceana’s new report:

Bycatch is one of the biggest threats to the oceans and has contributed to overfishing and the dramatic decline of fish populations around the world. Commercial fisheries bring in approximately 160 billion pounds of marine catch around the world each year, which means almost 400 million pounds are caught every day. Recent estimates indicate as much as 40 percent of global catch is discarded overboard.

Based in part on U.S. government studies, Oceana estimates that 17 to 22 percent of animal life captured by the American fishing industry is discarded back into the sea — “likely already dead or dying.” If that’s accurate, some 2 billion pounds of marine wildlife is inadvertently being maimed or killed by the U.S. fishing sector every year.

The problem is not well measured globally or in the U.S.:

OceanaClick to embiggen.

Of those American fisheries where bycatch is measured, nine fisheries cause a lionfish’s share of the problem — they’re responsible for half of the country’s reported bycatch but they bring in just 7 percent of its landings.

OceanaClick to embiggen.

Oceana is calling for new regulations, the closing of loopholes in existing regulations, vigorous enforcement of rules already on the books, and better monitoring of bycatch. “Bycatch is not inevitable,” the report states. “There are ways to minimize unintended injury and waste by using cleaner gear, avoiding areas where vulnerable species are known to be present and enforcing bycatch limits each season.”


Source
Wasted Catch: Unsolved Problems in U.S. Fisheries, Oceana

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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Billions of pounds of sea life die every year to feed our seafood appetite

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Scientists tell Americans: This climate change thing really is a big deal

Scientists tell Americans: This climate change thing really is a big deal

Shutterstock

One of the world’s largest and most influential science organizations is launching a new campaign to cut through the noise of climate denialism and help the public understand the threat of climate change.

The American Association for the Advancement of Science kicked things off on Monday by publishing a 20-page report entitled What We Know. The gist: We know that global warming is real, risky, and demands a serious response — “the three Rs of climate change.”

“We’re trying to provide a voice for the scientific community on this issue so that we can help the country, help the world move this issue forward,” AAAS CEO Alan Leshner said during a call with reporters on Tuesday morning. “If we don’t move now we are at tremendous risk for some very high impact consequences, many of which are laid out in the report.”

The AAAS has also assembled a panel of a 13 leading scientists who will make public presentations and try to spread climate smarts far and wide.

Here’s an explanation of those three climate Rs from the initiative’s website:

The first is Reality — 97% of climate experts have concluded that human-caused climate change is happening.

The second is Risk — that the reality of climate change means that there are climate change impacts we can expect, but we also must consider what might happen, especially the small, but real, chance that we may face abrupt changes with massively disruptive impacts.

The third R is Response — that there is much we can do and that the sooner we respond, the better off we will be.

The report is not all gloom and doom. The call to action is premised on hope:

By making informed choices now, we can reduce risks for future generations and ourselves, and help communities adapt to climate change. People have responded successfully to other major environmental challenges such as acid rain and the ozone hole with benefits greater than costs, and scientists working with economists believe there are ways to manage the risks of climate change while balancing current and future economic prosperity.

As scientists, it is not our role to tell people what they should do or must believe about the rising threat of climate change. But we consider it to be our responsibility as professionals to ensure, to the best of our ability, that people understand what we know: human-caused climate change is happening, we face risks of abrupt, unpredictable and potentially irreversible changes, and responding now will lower the risk and cost of taking action.

Renowned climate scientist Michael Mann – a member at large of AAAS’s atmospheric sciences division but not a member of the new climate panel — lauded the initiative. “AAAS is the largest non-governmental scientific membership body in the world, so them taking such an affirmative role in the societal debate over climate change, and what to do about it, is significant,” Mann told Grist.

“The crux of the matter is that, despite the overwhelming scientific consensus that exists that, (a) climate change is real, (b) it is caused by us, and (c) it poses a grave threat to society if we do nothing about it, the public still thinks that there is a ‘debate’ on each of those elements,” Mann said.


Source
What We Knew: The Reality, Risks and Response to Climate Change, AAAS

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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Scientists tell Americans: This climate change thing really is a big deal

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Chart of the Day: China’s Debt Bubble Continues to Swell

Mother Jones

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Via Paul Krugman, Atif Mian and Amir Sufi give us the chart below today to chew over. It shows China’s declining trade surplus over the past decade, which authorities have effectively offset by a dramatic increase in private credit in order to boost domestic demand. The authors explain how this happened:

China got a break starting 2003….The rest of the world — and in particular the United States — was willing to borrow hundreds of billions of dollars every year to purchase Chinese goods (among other things)….The result was reduced pressure on domestic debt creation, and domestic debt went down from 125% of GDP in 2003 to almost 100% of GDP in 2008.

….The continued borrowing by western countries was not sustainable and by 2008 global demand for Chinese goods collapsed….How could China create new demand for its productive capacity? The answer once again came in the form of a rapid rise in domestic private debt. The Chinese state-owned banks with explicit prodding from the government opened their spigots. The country has seen an explosive growth in domestic private debt since 2008.

Is this sustainable? Probably not. It’s yet another reason to be concerned about the continued fragility of the global economy. We’re probably not strong enough to withstand a major shock from China.

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Chart of the Day: China’s Debt Bubble Continues to Swell

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Ralph Reed Compares Barack Obama to George Wallace

Mother Jones

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Top social-conservative strategist Ralph Reed compared President Barack Obama to segregationist Alabama governor George Wallace on Friday at the Conservative Political Action Conference.

“Fifty years ago George Wallace stood in the schoolhouse door and said that African-Americans couldn’t come in,” said Reed, the founder of the Faith & Freedom Coalition, in response to the Department of Justice’s attempt to block Louisiana’s school voucher program. “Today, the Obama administration stands in that same door and says those children can’t leave. It was wrong then and it was wrong now and we say to President Obama, ‘Let those children go.'”

Remarkably, Reed wasn’t the first speaker at CPAC to compare the Obama administration’s policies to the Jim Crow South.

On Thursday, Louisiana Gov. Bobby Jindal made the same comparison in his address to the conference. “We’ve got Eric Holder and the Department of Justice trying to stand in the schoolhouse door,” he said.

But as I reported in a new profile of Jindal, Louisiana isn’t exactly a pillar of inclusiveness. Some schools that receive state funding under the voucher program promise to immediately expel any student who is found to be a homosexual—or to be promoting homosexuality in any form.

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Ralph Reed Compares Barack Obama to George Wallace

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