Disarming the White House

Stephan:  This story is getting almost no coverage but represents a potentially historic change in our democracy, and not a good one.

WASHINGTON – AMID the coverage of the Christie controversy and the latest budget deal, it was easy to miss the news about last week’s oral arguments before the Supreme Court in the case of National Labor Relations Board v. Noel Canning. And yet the Canning case represents the biggest threat to presidential power in decades, and the stakes in the decision are extremely high.

The case grew from a challenge by the Noel Canning Corporation to President Obama’s recess appointment of several nominees to the N.L.R.B., along with the head of the Consumer Financial Protection Bureau. Recess appointments are not unusual, but in this case, the Senate was away but still convening pro forma sessions – just five minutes or so at a time – because the House had not given permission to adjourn.

The challenge began narrowly, centered on the question of whether a president or the Senate gets to decide when the legislative body is in recess. But it was broadened dramatically last year by a panel of the Court of Appeals for the District of Columbia Circuit, which ruled that virtually all recess appointments violated the direct language of the Constitution: Only those vacancies occurring during the recess between […]

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Four Years After Citizens United: Is Campaign Cash Buying Justice in State Courts?

Stephan:  Citizens United is perhaps the the worst Supreme Court decision since Dred Scott v. Sandford. One resulted in a Civil War, the other is destroying democracy. I am astonished how little citizen outcry there is about this. The pernicious effects have extended into the State level, which is even more vulnerable to influence and money. Having met a considerable number of them over the years I would observe State legislators, as a rule, are not very sophisticated in governance. Everything is more naked. And if there are term limits its even worse. The real power comes to reside in a permanent civil service that become tightly interlinked with special interests. And the effect on a state elective judiciary is proving to be devastating.

Four years ago this week, the Supreme Court ruled in Citizens United vs. Federal Election Commission that the First Amendment prevents the government from restricting independent campaign spending by corporations. The ruling unleashed a deluge of campaign spending that made 2012 by far the most expensive election cycle in history, with nearly $1.3 billion spent independently from candidates’ official campaigns.

We’ve all heard about the super-PACs and dark money nonprofit groups that have funneled millions from corporate and mega-rich donors into presidential and Congressional races, but now new research shows that outside spending has had a big impact on judicial races as well, raising concerns about state judges’ ability to remain impartial in a political world where hefty chunks of campaign cash can make or break elections.

Thirty-eight states hold elections for seats on their supreme courts, including both direct elections and up-or-down votes to retain judges initially appointed by governors or other state officials. In the post-Citizens United election season of 2012, many state judicial races looked a lot like the brutal campaigns waged for Congressional and presidential candidates, with super-PACs paying for vicious attack ads and special interests raising millions of dollars of campaign funds.

Writing in dissent of the Citizens […]

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Where The American Dream Is Dead And Buried

Stephan:  Red state social policies are a disaster. Read this report on upward mobility. Click through to see the map. Then click on the charts button to the left, and compare this map with the maps on violence, poverty, unwed pregnancy, education and, more that I can't remember. All of this is clustered in Red value states. Nobody will say that, but its in every map and chart.

If you dream of one day pulling yourself up by your bootstraps to become the next Bill Gates, there are some places in America where it’s somewhat easier to do that than others, a new study reveals.

Cities in the South and the Rust Belt have extremely low levels of economic mobility — a wonky term that essentially measures one’s ability to go from being poor to rich — according to a study from economists at Harvard University and the University of California-Berkeley.

To put that into more concrete terms: Someone born in the bottom fifth of the income ladder in Atlanta, Georgia, where economic mobility is low, has a 4.5 percent chance of reaching the top fifth of the income ladder, the study found. Meanwhile in Washington, D.C., a city with high economic mobility, the chance of moving up the income ladder is about 11 percent.

In the map below, red indicates low economic mobility while pale yellow represents places with higher economic mobility:

map

So what is it that stifles economic mobility? The researchers found that areas with higher levels of segregation, income inequality and more single parents tend to have worse prospects for mobility. In addition, regions with fewer social networks and […]

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Study Finds First Conclusive Evidence That Proteins in Human Body Vibrate in Different Patterns

Stephan:  Here is some very interesting research revealing new insights into our physical structure. We think we know so much, in truth we know so little.

Like the strings on a violin or the pipes of an organ, the proteins in the human body vibrate in different patterns, scientists have long suspected. Now, a new study provides what researchers say is the first conclusive evidence that this is true.

Using a technique they developed based on terahertz near-field microscopy, scientists from the University at Buffalo and Hauptman-Woodward Medical Research Institute (HWI) have for the first time observed in detail the vibrations of lysozyme, an antibacterial protein found in many animals.

The team found that the vibrations, which were previously thought to dissipate quickly, actually persist in molecules like the “ringing of a bell,” said UB physics professor Andrea Markelz, PhD, wh0 led the study.

These tiny motions enable proteins to change shape quickly so they can readily bind to other proteins, a process that is necessary for the body to perform critical biological functions like absorbing oxygen, repairing cells and replicating DNA, Markelz said.

The research opens the door to a whole new way of studying the basic cellular processes that enable life.

“People have been trying to measure these vibrations in proteins for many, many years, since the 1960s,” Markelz said. “In the past, to look at these large-scale, correlated […]

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Shock Study: Some Soft Drinks Contain Cancer-Causing Chemical

Stephan:  If you drink soft drinks, you must read this story. It is another amazing account of lack of regulation resulting in increased profit for the few at health risk for the many. I just find these stories astonishing. What kind of country have we become that wellness and prosperity are no longer national goals?

NEW YORK — There was a warning issued Thursday about the soft drinks you and your children may be consuming every day.

Consumer Reports says some of them contain a possible cancer-causing chemical, CBS 2’s Dr. Max Gomez reported.

The issue is with the caramel coloring in many soft drinks. It is what gives them their brown color. Some contain a possible human carcinogen.

Why is it in there? Can it be removed and what can you do to protect yourself? Here’s what you need to know:

Cola is one of the most popular soft drinks in the country, but now a study from Consumer Reports says that the caramel coloring additive that gives cola – and many other soft drinks – its brown color, can contain a harmful chemical called 4-methylimidazole, or 4-MEI.

‘It was in fact … definitely causes cancer in animal studies. The International Agency for Research on Cancer has also classified 4-MEI as a possible human carcinogen,” Dr. Urvashi Rangan said.

As Dr. Gomez reported, 4-MEI is a byproduct when caramel color is manufactured, but it’s not in all caramel coloring and amounts vary widely in caramel-colored drinks, even when the same brands were tested just a few months apart.

‘Coke came […]

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