Thursday, February 28, 2013

Medicare Paid Billions For Poor Nursing Home Care

SAN FRANCISCO ' Medicare paid billions in taxpayer dollars to nursing homes nationwide that were not meeting basic requirements to look after their residents, government investigators have found.

The report, released Thursday by the Department of Health and Human Services' inspector general, said Medicare paid about $5.1 billion for patients to stay in skilled nursing facilities that failed to meet federal quality of care rules in 2009, in some cases resulting in dangerous and neglectful conditions.

One out of every three times patients wound up in nursing homes that year, they landed in facilities that failed to follow basic care requirements laid out by the federal agency that administers Medicare, investigators estimated.

By law, nursing homes need to write up care plans specially tailored for each resident, so doctors, nurses, therapists and all other caregivers are on the same page about how to help residents reach the highest possible levels of physical, mental and psychological well-being.

Not only are residents often going without the crucial help they need, but the government could be spending taxpayer money on facilities that could endanger people's health, the report concluded. The findings come as concerns about health care quality and cost are garnering heightened attention as the Obama administration implements the nation's sweeping health care overhaul.

"These findings raise concerns about what Medicare is paying for," the report said.

Investigators estimate that in one out of five stays, patients' health problems weren't addressed in the care plans, falling far short of government directives. For example, one home made no plans to monitor a patient's use of two anti-psychotic drugs and one depression medication, even though the drugs could have serious side effects.

In other cases, residents got therapy they didn't need, which the report said was in the nursing homes' financial interest because they would be reimbursed at a higher rate by Medicare.

In one example, a patient kept getting physical and occupational therapy even though the care plan said all the health goals had been met, the report said.

The Office of Inspector General's report was based on medical records from 190 patient visits to nursing homes in 42 states that lasted at least three weeks, which investigators said gave them a statistically valid sample of Medicare beneficiaries' experiences in skilled nursing facilities.

That sample represents about 1.1 million patient visits to nursing homes nationwide in 2009, the most recent year for which data was available, according to the review.

Overall, the review raises questions about whether the system is allowing homes to get paid for poor quality services that may be harming residents, investigators said, and recommended that the Centers for Medicare & Medicaid Services tie payments to homes' abilities to meet basic care requirements. The report also recommended that the agency strengthen its regulations and ramp up its oversight. The review did not name individual homes, nor did it estimate the number of patients who had been mistreated, but instead looked at the overall number of stays in which problems arose.

In response, the agency agreed that it should consider tying Medicare reimbursements to homes' provision of good care. CMS also said in written comments that it is reviewing its own regulations to improve enforcement at the homes.

"Medicare has made significant changes to the way we pay providers thanks to the health care law, to reward better quality care," Medicare spokesman Brian Cook said in a statement to AP. "We are taking steps to make sure these facilities have the resources to improve the quality of their care, and make sure Medicare is paying for the quality of care that beneficiaries are entitled to."

CMS hires state-level agencies to survey the homes and make sure they are complying with federal law, and can require correction plans, deny payment or end a contract with a home if major deficiencies come to light. The agency also said it would follow up on potential enforcement at the homes featured in the report.

Greg Crist, a Washington-based spokeswoman for the American Health Care Association, which represents the largest share of skilled nursing facilities nationwide, said overall nursing home operators are well regulated and follow federal guidelines but added that he could not fully comment on the report's conclusions without having had the chance to read it.

"Our members begin every treatment with the individual's personal health needs at the forefront. This is a hands-on process, involving doctors and even family members in an effort to enhance the health outcome of the patient," Crist said.

Virginia Fichera, who has relatives in two nursing homes in New York, said she would welcome a greater push for accountability at skilled nursing facilities.

"Once you're in a nursing home, if things don't go right, you're really a prisoner," said Fichera, a retired professor in Sterling, NY. "As a concerned relative, you just want to know the care is good, and if there are problems, why they are happening and when they'll be fixed."

Once residents are ready to go back home or transfer to another facility, federal law also requires that the homes write special plans to make sure patients are safely discharged.

Investigators found the homes didn't always do what was needed to ensure a smooth transition.

In nearly one-third of cases, facilities also did not provide enough information when the patient moved to another setting, the report found.

___

On the Web:

The OIG report: http://1.usa.gov/VaztQm

The Medicare nursing home database: http://www.medicare.gov/NursingHomeCompare/search.aspx?bhcp1&AspxAutoDetectCookieSupport1

___

Follow Garance Burke on Twitter at _. http://twitter.com/garanceburke

Related on HuffPost:



Richard (RJ) Eskow: If Government "Acted Like a Business" It Would Reject Today's Deficit Madness

The pro-corporate, anti-majority political class is sustaining itself with a lot of self-serving myths these days. Guess you need to do that when you're dismantling the social contract. In the closed society that is Insider Washington, rites and mythologies are used to promote the otherwise-indefensible: the cruel irrationality of Austerity Economics.

Dean Baker, for example, points out that Democrats must "prove their manhood" by cutting a treasured and valuable program like Social Security. (Funny: Republicans are never asked to do the same.) This initiatory rite is something like a Mafioso's "earning his bones" as a "made man" by "whacking" somebody -- in this case, his own grandmother.

Here's another myth: Government must "act more like a business" through spending cuts. Is that really what a smart business person would do? What savvy executive would tell his managers to cut spending by a certain percentage over the next ten years when she or he doesn't even know what the sales figures will look like?

From investment to "thinking outside the box," here are six ways Washington's austerity madness is un-businesslike:

1.  Smart executives invest.

The first error our leaders make is in thinking about government spending in a zero-sum way. In their minds, money goes out and is lost forever. The concept they're missing is investment.  Business leaders, on the other hand, know all about investment. They know that sometimes you have to spend a dollar to get back two. They reject wasteful spending, but they embrace investment.

A government's smartest investment is its people. Investment in education pays off: A more educated workforce earns more money, which means more revenue for our government "business." And a well-paid middle class buys more goods and services, which means more jobs.

Government spending can also be an investment in jobs, especially in times like these. And since money spent on construction projects or education will create more jobs per dollar than money spent on defense, business-like political leaders would promote that kind of spending.

When it comes to borrowing, business executives are rarely in the prized position our government now enjoys: Investors are essentially paying the US government to let them lend it money, because it seems like the safest place to put it these days. If our government was really run like a business, it would be borrowing and investing in future economic growth. The returns would be excellent, and it would even make money on the loans.

2. Smart executives don't cheat their customers.

Both sides of the negotiating table are offering the "chained CPI" as a technique for cutting Social Security. This would reduce benefits for people who have paid into the Social Security system their entire lives.

Successful businesses don't cheat their customers like that. It's a strategy that may lead to short-term gain, but it will pollute the brand so badly that the enterprise will soon go out of business.

Now, most today's extremist Republicans have essentially joined government in order to destroy it, so this is presumably fine with them. But why would a Democrat like the President insist on proposing these cuts? It pollutes Brand Democrat as well as Brand Government.

The lack of stronger pushback from his own party is equally baffling.  No business executive would stand for it.

3. Smart executives listen to expert advice.

350 leading economists have just signed a letter saying that "the fragile recovery is threatened by obsessive concern with cutting deficits that has infected both parties." (Note: The letter was co-created by the Campaign for America's Future, where I am a Senior Fellow.)  The letter says:

"There is no theory of economics that explains how we can deflate our way to recovery. Businesses are not basing investment decisions on how much Congress cuts the debt in 2023. As Great Britain, Ireland, Spain and Greece have shown, inflicting austerity on a weak economy leads to deeper recession, rising unemployment and increasing misery.

... If you cut spending and consumer purchasing power in an already depressed economy, unemployment rises and revenues fall -- and the goal of a smaller deficit keeps receding like a mirage in a desert."


Washington's ignoring these experts.

4.  Smart executives learn from experience - their own, and others'.

Of course, business executives are headstrong people. Expert advice is important, but they want to see things for themselves.  But, as the economists' letter notes, Europe's experiment with austerity economics has given us a rich body of experience and the results are clear: Europe's experience has shown us that austerity economics eventually plunges the economy back into a recession.

And, as even the conservative International Monetary Fund has noted, premature deficit reduction doesn't even meet its purported goal of reducing deficits. Instead, it increases them.

5. Smart executives encourage 'out of the box' thinking.

That business cliché - "think outside the box" - has a lot of merit.  A herd mentality among executives usually leads to disaster for a company, and at times even for an entire industry. (Consider recording industry executives' blind spot concerning the Internet back in the 1990s.)

Washington's framing its budget talks within the smallest "box" imaginable: deficits. The President boasts of past cuts even as evidence of their contractionary effects begins to come in. The Republicans press on with their nihilistic attempts to dismantle the government enterprise altogether.

There's no room at the conference table for smart, enterprising "out of the box" thinkers like Sen. Bernie Sanders or the members of the House Progressive Caucus who have proposed better ways to fix the economy -- and reduce the deficit.

A herd mentality is usually the sign that an enterprise has become stale, and is dying from the lack of vibrant leadership -- leadership that will insist on bringing new ideas to the table.

6. Smart executives charge the right price.

Lastly, smart executives charge customers the right amount for the right product. After all, General Motors charges more for a Cadillac Escalade than it does for a Chevy Spark. But hedge managers, who have received great benefit from our government and our economy, pay less in taxes than their personal assistants.  That makes no sense.

What's more, the ultra-wealthy individuals who receivd the most from our system often pay the least. General Motors isn't afraid to charge $1.35 million for Cadillac's Ciel "concept" convertible, because it's a very high-end product.  Our government wasn't afraid to set a top tax rate of 70 percent to 91 percent for ultra-high-earners in the 1950s and 1960s, either - and our economy was much healthier then than it is now.

Why isn't anybody proposing high-end taxes for the high-end users of our economic system?

We know that Washington insiders -- and their corporate sponsors -- will keep trying to perpetuate their self-serving mythologies. But let's stop saying that "government should act more like a business." They don't even know what that means.

If they did, we'd all be better off.

 


Follow Richard (RJ) Eskow on Twitter: www.twitter.com/rjeskow



Joy Resmovits: Ed Today: School Safety Addressed At House Education Committee Hearing; Arne Duncan's Sequestration Hype

House Education Panel On School Safety On Wednesday, members of the House Education & Workforce Committee mulled over ways to keep schools safe in light of the horrific Newtown, Conn. elementary school shooting, reports Politics K-12. Witnesses told the committee that "school resource officers, additional guidance counselors, and professional development for educators can help schools head off tragedies," the blog reports. But there was next to no conversation about gun control. Hmmm.

Arne Duncan, Fact-Checked The Washington Post's fact checker gives U.S. Secretary of Education Arne Duncan four Pinocchios for his remarks on teachers in a West Virginia county getting pink slipped -- already -- in light of sequestration. The Post found no news reports about these pink slips before learning that these were just "transfer notices," sent to Title I teachers unrelated to the upcoming across-the-board cuts. And the Head Start layoffs Duncan's staff referred to in that county? They're getting canned because under the Education Department's new re-competition rules, their Head Start center isn't getting renewed.

Wyoming Wants A Waiver Wyoming announced that it, too, will seek a waiver from No Child Left Behind as the law's performance deadlines approach, reports the Star Tribune. Officials say the state's school accountability system already aligns with what the federal government is looking for in these waivers. Already, the Education Department has approved waivers for 34 states. G'luck!

Chicago Reprimands Six Charter Schools Chicago Public Schools added six charter schools to its list of underperforming schools, a move that shocked charter operators, reports WBEZ. They had only hours of notice before their "warning list" status went public. The status means the district will review their charters once every year, rather than once every few years -- probably a good move on the accountability front. One charter school issued a statement saying ""it is impossible for charter schools to meet a moving target of accountability, or effectively participate in a constantly shifting process. Four CPS administrations in five years have continuously moved the goal posts." 

Expensive L.A. Races? As we've previously reported, the Los Angeles school board races are getting mighty expensive, to the tune of $3.4 million. And the pro-charter folks are outspending the union thus far. What's going on? Here, bi-coastal gadfly Alexander Russo has a rundown of "what's really happening" in LaLaLand schools. "Not all of the union's spending seems to be reported and accounted for," Russo writes. "As good as the disclosure requirements are in LA, it's a self-reported system and there have been a handful of times where UTLA-PACE, the independent expenditure committee that funds the campaigns, hasn't reported things that seem like campaign activity, or has transferred funding between different IE accounts in ways that are hard to explain and may not match up as they should."

Amy Wilkins Starts At College Board Civil rights and education activist Amy Wilkins is stepping into a new civil rights position at the College Board, as we report. The SATs were first created to help level the college admissions playing field for students from all backgrounds and incomes. But critics contend that the goal has been sullied by test-preparation opportunities that benefit wealthier students. "These students are within our care, and we observe patterns that are unequal," College Board president David Coleman told me. "We are going to act to ensure that these kids have the opportunities they need."

**Extra Credit**
"Clearing Up Misunderstandings with 'Getting the Facts Right on Pre-K'"


Follow Joy Resmovits on Twitter: www.twitter.com/joy_resmovits



Wednesday, February 27, 2013

Richard (RJ) Eskow: Lords of Disorder: Billions For Wall Street, Sacrifice For Everyone Else

The president's "sequester" offer slashes non-defense spending by $830 billion over the next ten years. That happens to be the precise amount we're implicitly giving Wall Street's biggest banks over the same time period.

We're collecting nothing from the big banks in return for our generosity.  Instead we're demanding sacrifice from the elderly, the disabled, the poor, the young, the middle class - pretty much everybody, in fact, who isn't "too big to fail."

That's injustice on a medieval scale, served up with a medieval caste-privilege flavor. The only difference is that nowadays injustices are presented with spreadsheets and PowerPoints, rather than with scrolls and trumpets and kingly proclamations.

And remember: The White House represents the liberal side of these negotiations.

The Grandees

The $83 billion 'subsidy' for America's ten biggest banks first appeared in an editorial from Bloomberg News - which, as the creation of New York's billionaire mayor Michael Bloomberg, is hardly a lefty outfit.  That editorial drew upon sound economic analyses to estimate the value of the US government's implicit promise to bail these banks out.

Then it showed that, without that advantage, these banks would not be making a profit at all.

That means that all of those banks' CEOs, men (they're all men) who preen and strut before the cameras and lecture Washington on its profligacy, would not only have lost their jobs and fortunes in 2008 because of their incompetence - they would probably lose their jobs again today.

Tell that to Jamie Dimon of JPMorgan Chase, or Lloyd Blankfein of Goldman Sachs, both of whom have told us it's imperative that we cut social programs for the elderly and disabled to "save our economy." The elderly and disabled have paid for those programs - just as they paid to rescue Jamie Dimon and Lloyd Blankfein, and just as they implicitly continue to pay for that rescue today.

Dimon, Blankfein and their peers are like the grandees of imperial Spain and Portugal. They've been given great wealth and great power over others, not through native ability but by the largesse of the Throne.

Lords of Disorder

Just yesterday, in a rare burst of candor, Dimon said this to investors on a quarterly earnings call: "This bank is anti-fragile, we actually benefit from downturns."

It's true, of course. Other corporations - in fact, everybody else - has to survive or fail in real-world conditions. But Dimon and his peers are wrapped in a protective force field which was created by the people, of the people, and for ... well, for Dimon and his peers.

The term "antifragile" was coined by maverick financier and analyst Nassim Taleb, whose book of the same name is subtitled "Things That Gain From Disorder." That's a good description of JPMorgan Chase and the nation's other megabanks.

Arbitraging Failure

Dimon's comment was another way of saying that his bank, and everything it represents, is The Shock Doctrine made manifest. The nation's megabanks are arbitraging their own failures, and the economic crises that flow from those failures.

These institutions are designed to prey off economic misery. They suppress genuine market forces in order to thrive, and they couldn't do it without our ongoing help. The Treasury Department and the Federal Reserve are making it happen.

We who have made these banks "antifragile" have crowned their leaders our Lords of Disorder.

Once Dimon told reporters that he explained to his seven-year-old daughter what a financial crisis is - "something that happens ... every five to seven years," which "we need to do a better job" managing.

Thanks to fat political contributions, Dimon manages them well. So do his peers. Misery is the business model. And by Dimon's reckoning another shock's coming any day now.

Money For Nothing

Bloomberg's use of the word 'subsidy' in this instance can be slightly misleading. Public institutions don't issue $83 billion in checks to Wall Street's biggest banks every year. But they didn't let them fail as they should have - through an orderly liquidation - after they created the crisis of 2008 through fraud and chicanery. Instead it allowed them to prosper from it, creating that $83 billion implicit guarantee.

As we detailed in 2011, the TARP program didn't "make money," either. Banks received a free and easy trillion-plus dollars from our public institution, on terms that amounted to a gift worth tens of billions, and possibly hundreds of billions.

That gift prevented them from failing. In private enterprise, this kind of rescue is only given in return for part ownership or other financial concessions. But our government asked for nothing of the kind.

Unpaid Debts

Breaking up the big banks would have protected the public from more harm at their hands. That didn't happen.

Government institutions could have imposed a financial transaction tax, whose revenue could be used to repair the harm the banks caused while at the same time discouraging runaway gambling.  They still could.

They could have imposed fees on the largest banks to offset the $83 billion per year advantage we've given them. They still could.

But they haven't. This one-sided giveaway is the equivalent of an $83 billion gift for Wall Street each and every year.

Cut and Paste

$83 billion per year: Our current budget debate is framed in ten-year cycles, which means that's $830 billion in Sequester Speak.  You'd think our deficit-obsessed capital would be trying to collect that very reasonable amount from Wall Street. Instead the White House is proposing $130 billion in Social Security cuts, $400 in Medicare reductions, $200 billion in "non-health mandatory savings," and $100 billion in non-defense discretionary cuts.

That adds up to exactly $830 billion.

No doubt there is genuine waste that could be cut. But $830 billion, or some portion of it, could be used to grow our economy and brings tens of millions of Americans out of the ongoing recession that is their daily reality, even as the Lords of Disorder continue to prosper. It could be used for educating our young people and helping them find work, for reducing the escalating number of people in poverty, for addressing our crumbling infrastructure, for giving people decent jobs.

It's going to Wall Street instead.

Trillion-Dollar Tribute

The right word for that is tribute. As in, "a payment by one ruler or nation to another in acknowledgment of submission ..." or "an excessive tax, rental, or tariff imposed by a government, sovereign, lord, or landlord ... an exorbitant charge levied by a person or group having the power of coercion." (Courtesy Merriam-Webster)

In this case the tribute is made possible, not by military occupation, but by the hijacking of our political process by the corrupting force of corporate contributions.

The fruits of that victory are rich: Bank profits are at near-record highs. Most of the country is still struggling to dig out from the wreckage they created but, as Demos' Policy Shop puts it, "for the banks it's 2006 all over again."

On Bended Knee

"Millions for defense," they said in John Adams' day, "but not one cent for tribute."

Today we're paying for both. That doesn't leave much for the elderly, the disabled, the impoverished, the children, or anybody else who doesn't "benefit from disorder." Nobody's fighting for them in this budget battle.

That leaves the public with a clear choice: Demand solutions that are more just and democratic - or submit willingly to the Lords of Disorder.


Follow Richard (RJ) Eskow on Twitter: www.twitter.com/rjeskow



AlaskaDispatch.com: Abortion Wars Revived in Alaska Legislature

JUNEAU, Alaska -- Some Alaska legislators think they, not doctors, should be the ones to decide when an abortion is medically necessary. And they'll be getting support Wednesday from a panel of national medical professionals who will help decide which conditions constitute a medically necessary abortion, and which do not.

The Alaska Supreme Court decided in 2001 that the state must pay for abortions for people in the Medicaid program if the procedure is "medically necessary," but provided little guidance on how that term should be defined.

That gray area includes a debate over whether mental health issues can be considered among factors contributing to medical necessity for abortion.

Fervent abortion opponent Sen. John Coghill, R-North Pole, said he fears that without a definition, women may be able to get abortions under Medicare which are not medically necessary.

To prevent that possibility, Coghill's sponsored Senate Bill 49, which he said will "prevent public funds from being used to pay for elective abortions." ...

Read the complete story only at Alaska Dispatch.


Follow AlaskaDispatch.com on Twitter: www.twitter.com/alaskadispatch



Howard Fineman: This Is How Wars Start

WASHINGTON -- This is how wars start: self-righteousness, wounded pride and ignorance about the determination of the other side.

The level of enmity and distrust here between Democrats and Republicans is as deep as it has been in a long time -- and both sides are in danger of underestimating the other's willingness to let destructive things happen to the country.

Once the sequester starts -- and everyone assumes that it will, on Friday -- there is a risk that things may spiral out of control. That is what sometimes happens in war. A spark starts a fire.

White House officials are convinced they have won the pre-sequester spin war, and they are right. They are equally sure that they will be winning it once the effects of the sequester begin to hit home. The aides are probably right about that, too.

They also are convinced that the GOP will crack -- is beginning to crack -- under the pressure of shouldering blame for sequester-engendered reductions in military force and layoffs of defense contractors.

They may be right about that -- at least in the short run -- but even if they are, where will that get the White House? If the GOP is dragged to the negotiating table, will that lead to a so-called Grand Bargain? Will any resulting deal short-circuit the other pending disruptions: a vote on the regular budget March 27, another debt ceiling vote this summer? Will it do anything to ease the gridlock that has turned Washington into a never-ending standoff?

Or will it just make the atmosphere all the more toxic, resentful and angry?

The White House might consider the winning formula of legendary Washington attorney Edward Bennett Williams. One of the great criminal defense lawyers, Williams always said that he wasn't representing a client per se. "I represent the situation," he said.

Whether he knows it or not, or admits it or not, or knows how to do it or not, President Barack Obama is now representing the situation, which is that he is presiding over a country with a broken political system at a time when the world has begun to doubt American leadership, economic prowess and staying power.

Obama argues that if he is to preserve all three, Republicans must accept that wealthy Americans should pay more to the Treasury.

As a matter of fairness, he is right. But what if insisting on his obligation to make that point, and extract that concession, leads to the chaos that most Republican House members seem to welcome?

This isn't politics. It's a hostage-taking situation, but it is the Situation.

As ironic and unfair as it seems to say, Obama, having resurrected and unified his own Democratic Party, may need to try to save the GOP from itself. How is anyone's guess, but that's the situation.

It's ironic and unfair, but Obama's task now may be to unsettle his own party as he attempts to salvage the GOP as a viable negotiating partner. "The Republicans think we are out to destroy them, but the opposite is true," one Obama insider told me. "We need somebody to talk to."

The administration is full of wounded pride about what it has done, and anger about the GOP refusal to take all the blame. And Obama insiders make a raft of valid points as the battle lines form.

Yes, Obama has a plan, even if Democrats in the Senate haven't introduced it per se, and it includes cuts in entitlement programs. Yes, Republican House Speaker John Boehner pulled the plug on negotiations over a so-called Grand Bargain last year. Yes, the GOP in the House has taken an "absolutist" stance in recent weeks against any further revenue-raising measures -- only months after Boehner was willing to countenance even more of them than Obama now says he wants.

Yes, the president has been willing to put "entitlement cuts" -- very loosely defined for the most part -- "on the table and that the GOP campaigned in 2012 against cuts in entitlements the president himself had wanted to make. Yes it is true that the annual deficits are shrinking somewhat as a percentage of the overall economy.

And yes it is true that most of the GOP is behaving like college protestors, and their motivations are as hard for outsiders to fathom as, say, North Koreans. And yes Obama won the election, and yes he wants to keep faith with the people who elected him.

These points are near and dear to the hearts of White House spinners. They make it abundantly clear that the president has not been a bad actor on deficits and budgets and that he is not solely, or necessarily even primarily, to blame for the mess we are in.

But all of this furious spinning and blame-placing misses the point. The president and his people can either keep piling up points in a game they have already won, or figure out a way forward at a time when the rest of the world increasingly is inclined to doubt American leadership for a host of other reasons.

No one claims to know what that way forward is. But "Forward" was Obama's winning campaign slogan. So that is the situation we are in.


Follow Howard Fineman on Twitter: www.twitter.com/howardfineman



Tuesday, February 26, 2013

OVERWHELMED

Dan Hale has been a teacher in Fairfax County Public Schools for 20 years, but he's never felt or seen his colleagues as overwhelmed as they are today.

He used to know his students as readers and as writers, he says; now he only knows them as bits of data or ECART scores; pacing points and percentages.

And after spending far more than eight hours at school, he leaves (with work in tow) thinking 'What am I doing tomorrow?' ' planning time in the context of the school day, he says, is nearly nonexistent.

Read the whole story at vienna.patch.com



Republicans Take Stand On Gay Marriage

At least 75 top Republicans have signed a legal brief to be submitted to the Supreme Court this week, arguing that gay marriage is a constitutional right, according to The New York Times, which got a copy of the document.

The court is preparing to take on the subject of gay marriage late next month, when it will hear oral arguments on the constitutionality of California's gay marriage ban, Proposition 8, and the Defense of Marriage Act. It is expected to render a decision in early summer.

The signers of the document are mostly out-of-office Republicans or former top officials, including former Utah Gov. Jon Huntsman, former Rep. Deborah Pryce (R-Ohio), former Massachusetts Govs. William Weld and Jane Swift, and former New Jersey Gov. Christine Todd Whitman.

Reps. Richard Hanna (N.Y.) and Ileana Ros-Lehtinen (Fla.) are notable exceptions, and are among the most pro-gay Republicans in Congress.

Their position stands in contrast to House Speaker John Boehner (R-Ohio), who is poised to spend up to $3 million in defense of DOMA. The law prohibits same-sex married couples from getting federal benefits and allows states not to recognize other states' same-sex unions. The Obama administration has directed its Justice Department not to defend the law.

The friend-of-the-court brief is apparently aimed squarely at conservatives' hearts, citing the Citizens United case on campaign finance and District of Columbia v. Heller, which overturned the city's handgun ban.

Former first lady Laura Bush, who protested to get footage of her removed from a pro-gay marriage ad campaign last week, has not signed the brief. Neither has former Secretary of State Colin Powell. Former Vice President Dick Cheney has not signed it, despite the fact that pro-gay Republican groups crow that he has been more progressive than President Barack Obama on the issue.

Also on HuffPost:

  • Connecticut

    Since November 12, 2008

  • Iowa

    Since April 3, 2009

  • Maine

    In 2012, Maine voted in favor of a ballot amendment to legalize gay marriage.

  • Maryland

    The gay marriage bill was signed into law by Gov. Martin O'Malley (D) on March 1, 2012. Opponents later gathered enough signatures to force the issue back onto the ballot in November 2012, but voters rejected the effort against gay marriage.

  • Massachusetts

    Since May 17, 2004

  • New Hampshire

    Since January 1, 2010

  • New York

    Since July 24, 2011

  • Vermont

    Since September 1, 2009

  • Washington

    On February 13, 2012, Gov. Christine Gregoire (D) signed a law allowing same-sex marriage ceremonies to begin on June 7, 2012. The process was delayed by gay marriage opponents who gathered enough signatures to put the issue up to a state vote in November 2012. They voted to approve it on Election Day.

  • Washington D.C.

    Since March 9, 2010

  • California

    The state initially began conducting gay marriages on June 16, 2008. On November 5, 2008, however, California voters passed Proposition 8, which amended the state's constitution to declare marriage as only between a man and a woman.




Can This Gay Kentucky Man's Farm Be Saved?

A Kentucky resident's farm is now in jeopardy after he was allegedly fired from his job for being gay.

Buzzfeed exclusively reports the story of Kevin McCaffery, whose 18-acre LLA-Nanny Farms is home to rescued llamas, cats, dogs, chickens, donkeys and pigs.

Some years ago, McCaffery returned to work as the director of an Ashland day care center, but was eventually forced by officials to resign, despite a "spotless" record, after he says he was mocked and teased for being gay.

As Buzzfeed points out, McCaffery sued for wrongful termination, but there is no state law in place regarding anti-gay discrimination -- even though some colleagues went as far as to deem him "twinkle toes."

Despite having resorted to buying cheaper food for his animals, McCaffery is now struggling to fund LLA-Nanny Farms. He's since launched a GoFundMe donation page in an effort to raise money for the menagerie. Ar present, over $15,000 in money has been raised since McCaffery's story broke on Buzzfeed and was subsequently reported by The Daily Mail and other media outlets.

In November, college volleyball coach James Finley came forward with allegations of workplace discrimination, claiming he was fired for being gay.

Earlier this month, a straight, married assistant principal of an Ohio Catholic school was terminated after he penned an emotional blog post backing gay marriage on his personal website.

H/T Buzzfeed

  • Gay Music Teacher Fired After Revealing Plans To Marry Partner

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Monday, February 25, 2013

Tim Suttle: Will Evangelicalism Last?

Rob Bell has another book coming out, the first since his bestseller "Love Wins" caused an evangelical uproar. Folks who haven't even read the book yet are already critiquing it based on the marketing material alone. Denny Burk recently called Bell a "heterodox theological liberal," and further claimed Bell is "no longer relevant to the larger evangelical theological conversation." Burk predicted Bell's book will be "greeted with a collective yawn," a thought which is sure to be news to the good folks at Harper One.

The book's not even out yet and the truth-police are ready to pounce. They'll be packing their usual protests: Bell's a liberal, heterodox, post-modern, weenie who wouldn't know the truth if it bit him in the... well, you know the drill -- more blood, more scars upon the body of Christ.

How much longer will evangelicals continue like this?

Some of the most respected voices in our tribe see storm clouds forming. Tony Campolo sees a split coming along the lines of obedience vs. theological orthodoxies. Others like Rachel Held Evans see the split coming along the lines of how we see God: Does love win (Rob Bell)? Or is God looking for some payback (neo-Reformed)? Whatever the subject, there's more uncomfortable tension in the evangelical family than a Sacha Baron Cohen movie. This has many evangelicals wondering if we have a future together at all.

One thing seems clear: If evangelicalism continues to be defined primarily by a theological center, it will crumble -- especially if guys like Denny Burk get to decide who's in and who's out.

For the first 1,500 years the church experienced only one major division, the East/West schism of 1054 A.D. When the reformation hit 500 years later, it was as though somebody yelled "fire!" and all non-Catholic Christians scattered in every direction. Now we have hundreds of denominations. The very moment orthodoxy became the central component around which we associated, reformed Christians -- and later evangelicals -- began to divide, continuing in perpetuity.

It's laudable to care about the truth. Engaging in conversation about sound doctrine is an important part of sticking together. But these days when somebody in our tribe says, "I'm fighting for the truth," you just know it's a ruse.

For one thing "Truth" is not rational abstraction -- a concept, doctrine, or idea you can write down -- especially not one which you conveniently have right and everyone else conveniently has wrong. Truth-as-a-rational-abstraction constitutes a denial of the incarnation (and big chunks of the New Testament). Doctrines and theologies can point to the truth but they are not themselves the Truth. The Truth has been revealed to us in and through Jesus Christ. Truth is a person. Jesus is the Truth.

Even if one keeps the truth-as-a-rational-abstraction account of truth, it still should not constitute the evangelical center. Christians are not meant to believe in a rational account of the truth; we are meant to take up our cross and follow the one who is true; the truth as it has been revealed to us in Jesus Christ. But for the truth-police, Christianity has become analyzed instead of lived.

Most importantly, we must recognize that the fight for truth is nearly always a fight for control. Those who passionately defend the truth are often just grasping for power. It's a game that only those who have never been transformed by the love of God have the stomach for. Whatever you think of his writing, in all the attacks Rob Bell faced over his book Love Wins he never got ugly or defensive. Bell's Christ-likeness patiently proclaimed the good news of the resurrection in stark contrast to those who tried to burn him at the stake.

I know the objection. Isn't the Bible the truth? Again, this is a power play dressed up in a defense of orthodoxy. The Bible is the truthful witness to the one who is the way, the truth and the life. What the defenders of truth really mean when they say the Bible is the truth, is that their interpretation of the Bible is the truth. The only thing that should ever follow the words, "The Bible says..." should be a quotation from the Scriptures in the original languages. Everything else is interpretation.

What's the alternative? If we refuse to organize around doctrinal statements, if we admit that in the hands of immature people these statements are just a means of power and control, then what can hold us together?

The answer, I believe, is mission.

Mission is this rich confluence of orthodoxy and orthopraxy, where the truth ceases to be a rational abstraction and becomes embodied in concrete communities of action who are able to work together despite doctrinal differences. Mission begins with the recognition that the center of Christianity is Jesus Christ and his mission of redemption. Mission should constitute the evangelical center. I'm talking about justice, mercy, faith and living in allegiance to the Gospel. If we join together around the pursuit of those things, then we will see how much we have in common.

Mission fosters the capacious orthodoxy necessary for us to stick together. Mission allows for the generous diversity of thought which is essential to a healthy evangelical gene pool. Biologists teach us the less diverse the gene pool, the more at-risk the species. The more homogeneous our beliefs become the less likely evangelicals are to survive. We need a rich, diverse orthodoxy. As the evangelical truth-police work to silence all minority reports, they are actually working against the overall health of the tribe.

Those who wish to functionally excommunicate Rob Bell and others like him are alienating the very Christians who promise to provide the kind of theological diversity essential to our healthy future. We should be welcoming Bell's voice, not silencing it. If evangelicals have a future together, it will not be the way of those who cry "heresy" and let slip the dogs of war. It will be with those who unite around mission and prefer a rich theological landscape.

Theological diversity is nothing to fear. The Gospel doesn't need people who will defend it. The Gospel needs people who will become transformed by it and live it out. That's mission. And even if it does need defenders, the best defense of the Gospel is not an attack on the heterodox -- it is a people who have been transformed by the love of God into instruments of redemption, learning to live in fidelity to God and each other no matter what our doctrinal disagreements. A people who have been formed in self-sacrificial love and theological humility of the one, the holy, the catholic and the apostolic -- these are the marks of the church. Where these are absent, the church has ceased to be faithful and will most certainly falter.


Follow Tim Suttle on Twitter: www.twitter.com/Tim_Suttle



Cuts Loom With Little Hope In Sight

WASHINGTON ' President Barack Obama says Congress can keep across-the-board cuts from taking effect with "just a little bit of compromise."

Speaking to the nation's governors, Obama says the impact of the budget cuts may not be felt immediately. But he says the uncertainty created by the cuts is already having an effect on the economy.

The president says Monday that the longer the cuts are in place, the deeper the impact will be on the economy.

Unless Congress acts, $85 billion in cuts will go into effect Friday.

THIS IS A BREAKING NEWS UPDATE. Check back soon for further information. AP's earlier story is below.

The White House has detailed the potential fallout in each state from budget cuts set to take effect at week's end, while congressional Republicans and Democrats keep up the sniping over who's to blame.

Sen. Claire McCaskill, D-Mo., said on "Fox News Sunday" that there was little hope to dodge the cuts "unless the Republicans are willing to compromise and do a balanced approach."

No so fast, Republicans interjected.

"I think the American people are tired of the blame game," Sen. Kelly Ayotte, R-N.H., said on CBS' "Face the Nation."

Yet just a moment before, she was blaming President Barack Obama for putting the country on the brink of massive spending cuts that were initially designed to be so unacceptable that Congress would strike a grand bargain to avoid them.

The $85 billion budget mechanism could affect everything from commercial flights to classrooms to meat inspections. With Friday's deadline nearing, few in the nation's capital were optimistic that a realistic alternative could be found.

And, yes, those cuts will hurt.

They would slash from domestic and defense spending alike, leading to furloughs for hundreds of thousands of government workers and contractors.

Defense Secretary Leon Panetta has said the cuts would harm the readiness of U.S. fighting forces. Transportation Secretary Ray LaHood said travelers could see delayed flights. Education Secretary Arne Duncan said 70,000 fewer children from low-income families would have access to Head Start programs. And furloughed meat inspectors could leave plants idled.

White House officials pointed to Ohio ' home of House Speaker John Boehner ' as one state that would be hit hard: $25.1 million in education spending and another $22 million for students with disabilities. Some 2,500 children from low-income families would also be removed from Head Start programs.

Officials said their analysis showed Kentucky would lose $93,000 in federal funding for a domestic abuse program, meaning 400 fewer victims being served in Senate Minority Leader Mitch McConnell's home state. Georgia, meanwhile, would face a $286,000 budget cut to its children's health programs, meaning almost 4,200 fewer children would receive vaccinations against measles and whooping cough.

The spending cuts have frustrated governors attending the National Governors Association meeting in Washington. They contend it has created widespread uncertainty in the economy and hampered economic recovery in their states.

"The No. 1 risk, in my view, to the continuing economic comeback of Michigan is the federal government," Michigan Gov. Rick Snyder, a Republican and former business executive, said in an interview. Snyder said many companies remain in limbo on whether to invest in their business because of the financial uncertainty.

"What's the likely outcome? Are they going to put in a solution that's set for two or three years or are they simply going to say now it's going to move to the fall? It's not good," he said.

The White House compiled its state-by-state reports from federal agencies and its own budget office. The numbers reflect the impact of the cuts this year. Unless Congress acts by Friday, $85 billion in cuts are set to take effect from March to September.

As to whether states could move money around to cover shortfalls, the White House said that depends on state budget structures and the specific programs. The White House did not have a list of which states or programs might have flexibility.

Republican leaders were not impressed by the state-by-state reports.

"The White House needs to spend less time explaining to the press how bad the sequester will be and more time actually working to stop it," said Michael Steel, a spokesman for Boehner.

___

Associated Press writer Ken Thomas contributed to this report.

___

Follow Philip Elliott on Twitter: https://twitter.com/philip_elliott

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Rick Scott's Long Journey From Obamcare Hater To Medicaid Expander, In His Own Words

Florida Gov. Rick Scott (R) has said a lot about President Barack Obama's health care reform agenda over the last four years.

After making his name in politics fighting against what Scott called "government-run" health care, last week Scott said his state should take part in Obamacare's Medicaid expansion. Seven Republican governors have now made the same call -- but Scott is a special case.

Scott, a former hospital industry executive, founded the anti-Obamacare group Conservatives for Patients' Rights in 2009. After raising his profile as a leading Obamacare hater, Scott won the 2010 gubernatorial election and continued his attacks against the health care reform law.

When the Supreme Court struck down the lawsuits brought against Obamacare by Florida and 26 other states, Scott announced that Florida wouldn't implement it. After Obama's reelection, though, Scott started to change his tune. Although he kept his promise to reject a state-run health insurance exchange, Scott flip-flopped on the Medicaid expansion.

In the end, the crusader against government-run health care has become a reluctant champion for enrolling an estimated 1.3 million Floridians into just that.

Here is a selection of Scott's statements on Obamacare from 2009 to the present:

March 5, 2009: "The free market does everything better than the government does it. Every time the government gets involved, costs go up, access goes down."
-- on FOX News Channel (via Media Matters for America)

March 24, 2009: "[M]oving towards a single-payer or universal health care system could guarantee access to all, it would do so at a terrible cost. It would strip patients of the power to make their own medical decisions, put government bureaucrats in charge of rationing care and force patients onto long waiting lists for the care they can receive."
-- in written testimony submitted to Senate Health, Education, Labor and Pensions Committee via Health Care for America Now

Aug. 6, 2009: "I clearly believe that government-run health care will be bad for you as a patient. It will be bad for you as a taxpayer. It will be bad for our country." -- on CNN

Sunday, February 24, 2013

McCain Insists Obama Should Invite Lawmakers To Budget Summit

WASHINGTON -- Sen. John McCain says President Barack Obama should invite lawmakers to Camp David or the White House to hammer out a last-minute deal to avert deep budget cuts set to start taking effect at week's end.

The Arizona Republican says Obama should be talking with lawmakers instead of demonizing them over the looming across-the-board cuts in domestic and defense spending.

McCain calls the Pentagon cuts "unconscionable" and says military leaders are already warning they would be devastating.

McCain, the 2008 GOP president nominee, says it's time for Obama to show leadership and call lawmakers either to Camp David or to the White House for a budget summit.

McCain appeared on CNN's "State of the Union."

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Republican Pooh-Poohs Sequestration Fears

WASHINGTON -- A top Senate Republican said Sunday that the Obama administration is exaggerating the impact of looming cuts to federal spending.

The cuts, known as "sequestration," will shave $85 billion from the federal budget this year unless Congress strikes an unlikely deal to replace the cuts with something milder. The Obama administration has said many bad things will happen as a result of the cuts, including increased airport delays.

Sen. Tom Coburn (R-Okla.) told "Fox News Sunday" host Chris Wallace that the Obama administration is "absolutely" exaggerating the impact of the cuts.

"It is a terrible way to cut spending, but not to cut 2.5 percent over the total budget over a year when it is twice the size it was 10 years ago? Give me a break," Coburn said. "We see all these claims about what a tragedy it's going to be."

Then the senator suggested one of the top sequestration talking points -- that the cuts will worsen airport delays -- is bunk because federal agencies have enough discretion in how they implement the cuts.

"The great example is, is if the Secretary of Transportation can assure us all the planes will be safe, then the Department of Homeland Security can assure us that we can get through the airports on time," Coburn said. "They have plenty of flexibility in terms of discretion on how they spend money."

Both Coburn and fellow "Fox News Sunday" guest Sen. Claire McCaskill (D-Mo.) predicted the cuts would take effect.

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Robert Gibbs: I Was Told To Not Acknowledge Drone Program Existed

Former White House press secretary Robert Gibbs said Sunday that he was told not to "acknowledge" or "discuss" the secret drone program when becoming the government's top spokesman.

Chris Hayes, host of MSNBC's "Up," played a video clip of Gibbs and current press secretary Jay Carney dodging questions about drones in the White House briefing room before asking if the Obama administration has been sufficiently forthcoming about the controversial targeted killing program. Gibbs, who recently became an MSNBC contributor, recalled the instructions he was given upon taking the job.

'When I went through the process of becoming press secretary," Gibbs said, "one of the things, one of the first things they told me was, 'You're not even to acknowledge the drone program. You're not even to discuss that it exists.''

The national media was slow covering the secret drone war in Pakistan and Yemen during Obama's first term, which has been difficult to track given both the government's secrecy and that strikes often take place in remote areas. But the drone media debate has gained steam early in Obama's second term, alongside questions for top counter-terror official John Brennan upon his nomination to become CIA director.

Gibbs said that once he figured out a reporter's question was about the drone program, "I realized I'm not supposed to talk about it."

'Here's what's inherently crazy about that proposition," Gibbs said. "You're being asked a question based on reporting of a program that exists. So you're the official government spokesperson acting as if the entire program -- pay not attention to the man behind the curtain."

While Gibbs referenced the "Wizard of Oz" on Sunday, a federal judge last month described the "Alice-in-Wonderland nature" of the Obama administration's secrecy over drones in a decision against The New York Times' request for legal memos outlining the rationale for targeting a U.S. citizen suspected of terrorist ties. The White House has not publicly released the legal memos, but Carney made several references to the legal rationale in a 16-page Department of Justice white paper -- but only after it was leaked to NBC News.

Gibbs said he hasn't talked to Obama recently about transparency and the drone program, but said he thinks the president has seen that the White House's denial of the program "when it's obviously happening, undermines people's confidence overall in the decisions that their government makes."

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    US President Barack Obama smiles as he calls campaign workers during an unannounced stop at a campaign office October 1, 2012 in Henderson, Nevada. Obama took time out from debate preparation to stop by the local campaign office where he dropped off pizza for the workers. AFP PHOTO/Mandel NGAN (Photo credit should read MANDEL NGAN/AFP/GettyImages)

  • US-VOTE-2012-DEMOCRATIC CAMPAIGN-OBAMA

    US President Barack Obama calls campaign workers during an unannounced stop at a campaign office October 1, 2012 in Henderson, Nevada. Obama took time out from debate preparation to stop by the local campaign office where he dropped off pizza for the workers. AFP PHOTO/Mandel NGAN (Photo credit should read MANDEL NGAN/AFP/GettyImages)

  • US-VOTE-2012-DEMOCRATIC CAMPAIGN-OBAMA

    US President Barack Obama speaks to campaign volunteers and staff as he makes an unannounced stop at a campaign office October 1, 2012 in Henderson, Nevada. Obama took time out from debate preparation to stop by the local campaign office where he dropped off pizza for the workers. AFP PHOTO/Mandel NGAN (Photo credit should read MANDEL NGAN/AFP/GettyImages)

  • President Obama Returns To White House

    WASHINGTON, DC - SEPTEMBER 9: U.S. President Barack Obama steps off Marine One as he returns to the White House on September 9, 2012 in Washington, DC. Obama spent the day on a campaign trip through Florida. (Photo by Joshua Roberts-Pool/Getty Images)

  • President Obama Campaigns In Florida For Two-Day Swing

    WEST PALM BEACH, FL - SEPTEMBER 09: U.S. President Barack Obama addresses a campaign event at the Palm Beach County Convention Center September 9, 2012 in West Palm Beach, Florida. Working with the momentum from this week's Democratic National Convention, Obama is on a two-day campaign swing from one side of Florida to the other on the politically important I-4 corridor. (Photo by Chip Somodevilla/Getty Images)

  • President Obama Campaigns In Florida For Two-Day Swing

    WEST PALM BEACH, FL - SEPTEMBER 09: U.S. President Barack Obama shakes hands with supporters during a campaign event at the Palm Beach County Convention Center September 9, 2012 in West Palm Beach, Florida. Working with the momentum from this week's Democratic National Convention, Obama is on a two-day campaign swing from one side of Florida to the other on the politically important I-4 corridor. (Photo by Chip Somodevilla/Getty Images)

  • President Obama Campaigns In Florida For Two-Day Swing

    WEST PALM BEACH, FL - SEPTEMBER 09: U.S. President Barack Obama addresses a campaign event at the Palm Beach County Convention Center September 9, 2012 in West Palm Beach, Florida. Working with the momentum from this week's Democratic National Convention, Obama is on a two-day campaign swing from one side of Florida to the other on the politically important I-4 corridor. (Photo by Chip Somodevilla/Getty Images)

  • US-VOTE-2012-DEMOCRATIC CAMPAIGN

    US President Barack Obama boards Air Force One prior to departing Palm Beach International Airport in West Palm Beach, Florida, on September 9, 2012 at the end of a 2-day bus tour across Florida. AFP PHOTO / Saul LOEB (Photo credit should read SAUL LOEB/AFP/GettyImages)

  • US-VOTE-2012-DEMOCRATIC CAMPAIGN

    US President Barack Obama greets supporters after speaking at a campaign event at the Palm Beach County Convention Center in West Palm Beach, Florida, on September 9, 2012 during the second day of a 2-day bus tour across Florida. AFP PHOTO / Saul LOEB (Photo credit should read SAUL LOEB/AFP/GettyImages)

  • US-VOTE-2012-DEMOCRATIC CAMPAIGN-OBAMA

    US President Barack Obama stops for breakfast with auto workers Heather Finrock (R, rear) Daniel Schlieman (L, rear) and and James Fayson (R, front) at Rick City's Diner on September 3, 2012 in Toledo, Ohio. AFP PHOTO/Mandel NGAN (Photo credit should read MANDEL NGAN/AFP/GettyImages)

  • US-VOTE-2012-DEMOCRATIC CAMPAIGN-OBAMA

    US President Barack Obama stops for breakfast with auto workers (seated at table with him) Heather Finrock (R, rear) Daniel Schlieman (L, rear) and and James Fayson (R, front) at Rick's City Diner on September 3, 2012 in Toledo, Ohio. AFP PHOTO/Mandel NGAN (Photo credit should read MANDEL NGAN/AFP/GettyImages)

  • US-VOTE-2012-DEMOCRATIC CAMPAIGN-OBAMA

    US President Barack Obama steps off Air Force One upon arrival at Toledo Express International Airport ON September 2, 2012 in Toledo, Ohio. AFP PHOTO/Mandel NGAN (Photo credit should read MANDEL NGAN/AFP/GettyImages)

  • President Barack Obama University of Colorado

    BOULDER, CO - SEPTEMBER 2: President Barack Obama shakes hands with University of Colorado senior Ryan Case after Case introduced the President at a Grassroots Rally on September 2, 2012 on the University of Colorado campus in Boulder, Colorado. Obama discussed his plan to help the middle class, Obamacare's impact and the importance of the youth of America getting out to vote in the upcoming election. (Photo by Marc Piscotty/Getty Images)

  • President Obama Campaigns In Colorado Ahead Of Democratic National Convention

    BOULDER, CO - SEPTEMBER 2: President Barack Obama shakes hands with supporters after speaking at a Grassroots Rally September 2, 2012 on the University of Colorado campus in Boulder, Colorado. Obama discussed his plan to help the middle class, Obamacare's impact and the importance of the youth of America getting out to vote in the upcoming election. (Photo by Marc Piscotty/Getty Images)

  • US-VOTE-2012-DEMOCRATIC CAMPAIGN-OBAMA

    US President Barack Obama makes his way to board Air Force One on September 2, 2012 at Buckley Air Force Base in Colorado. AFP PHOTO/Mandel NGAN (Photo credit should read MANDEL NGAN/AFP/GettyImages)

  • US-VOTE-2012-DEMOCRATIC CAMPAIGN-OBAMA

    US President Barack Obama chats with Barbara McCluskey, 78, of Loveland, Colorado during a stop at The Buff estaurant in Boulder, Colorado on September 2, 2012. AFP PHOTO/Mandel NGAN (Photo credit should read MANDEL NGAN/AFP/GettyImages)

  • US-VOTE-2012-DEMOCRATIC CAMPAIGN-OBAMA

    US President Barack Obama walks across the tarmac to greet well-wishers upon arrival at Toledo Express International Airport on September 2, 2012 in Toledo, Ohio. AFP PHOTO/Mandel NGAN (Photo credit should read MANDEL NGAN/AFP/GettyImages)

  • President Obama Answers Questions During Daily White House Press Briefing

    WASHINGTON, DC - AUGUST 20: U.S. President Barack Obama speaks during the daily press briefing at the James Brady Press Briefing Room of the White House August 20, 2012 in Washington, DC. Obama made a surprised visit to the briefing and answered questions from the White House press corps. (Photo by Alex Wong/Getty Images)

  • US-POLITICS-OBAMA-KIDS

    US President Barack Obama speaks during a Kids' 'State Dinner' hosted by First Lady Michelle Obama (R) in the East Room of the White House in Washington, DC, August 20, 2012. This first time event includes 54 children, ages 8-12, from all US states, three territories and Washington, DC, to a luncheon in support of the Let's Move campaign, featuring healthy recipes and a performance by Nickelodeon's Big Time Rush. AFP PHOTO / Saul LOEB (Photo credit should read SAUL LOEB/AFP/GettyImages)

  • US-POLITICS-OBAMA-KIDS

    US President Barack Obama greets guests during a Kids' 'State Dinner' hosted by First Lady Michelle Obama in the East Room of the White House in Washington, DC, August 20, 2012. This first time event includes 54 children, ages 8-12, from all US states, three territories and Washington, DC, to a luncheon in support of the Let's Move campaign, featuring healthy recipes and a performance by Nickelodeon's Big Time Rush. AFP PHOTO / Saul LOEB (Photo credit should read SAUL LOEB/AFP/GettyImages)

  • US-POLITICS-OBAMA-PRESSER

    US President Barack Obama answers questions from the press during the daily press briefing at the White House in Washington on August 20, 2012. AFP PHOTO/Jim WATSON (Photo credit should read JIM WATSON/AFP/GettyImages)

  • Obamas Go To Sunday Service

    WASHINGTON, DC - AUGUST 19: (AFP OUT) (R-L) U.S. President Barack Obama, Malia Obama, Sasha Obama, and first lady Michelle Obama walk from the White House to St. John's Episcopal Church August 19, 2012 in Washington, DC. Obama is embroiled in an election race with Republican presidential candidate, former Massachusetts Gov. Mitt Romney. (Photo by Dennis Brack-Pool/Getty Images)

  • US-POLITICS-OBAMA-CHURCH

    US President Barack Obama walks across Lafayette Park to St. John's Episcopal Church to attend Sunday services with daughters Malia(2nd-L), Sasha(2nd-R) and First Lady Michelle Obama in Washington DC, August 19, 2012. AFP Photo/ Chris Kleponis (Photo credit should read CHRIS KLEPONIS/AFP/GettyImages)

  • President Obama Returns From Campaigning In New Hampshire

    WASHINGTON, DC - AUGUST 18: (AFP OUT) President Barack Obama walks across the South Lawn to the White House after returning from campaigning August 18, 2012 in Washington D.C. President Obama returned from New Hampshire with a bag of green apples and a caramel apple making kit from Mack's Apples in Londonderry in New Hampshire. (Photo by Martin H. Simon-Pool/Getty Images)

  • US-POLITICS-OBAMA

    US President Barack Obama greets supporters after speaking at a campaign rally in Rochester, New Hampshire, on August 18, 2012. AFP PHOTO/Nicholas KAMM (Photo credit should read NICHOLAS KAMM/AFP/GettyImages)

  • US-POLITICS-OBAMA

    People cheer US President Barack Obama as he speaks at a campaign rally in Rochester, New Hampshire, on August 18, 2012. AFP PHOTO/Nicholas KAMM (Photo credit should read NICHOLAS KAMM/AFP/GettyImages)

  • US President Barack Obama boards Marine

    US President Barack Obama boards Marine One at Andrews Air Force Base in Maryland on August 4, 2012. Obama celebrated his 51st birthday by playing golf before traveling to the Camp David presidential retreat to spend the night. AFP PHOTO/Brendan SMIALOWSKI (Photo credit should read BRENDAN SMIALOWSKI/AFP/GettyImages)

  • Obama Urges Congress To Preserve Middle Class Tax Cuts

    WASHINGTON, DC - AUGUST 03: U.S. President Barack Obama speaks about tax legislation facing Congress at the Eisenhower Executive Office Building August 3, 2012 in Washington, DC. Earlier in the day a new employment report was released indicating that 163,000 new jobs were added to the U.S. economy and the unemployment rose slightly to 8.3 percent in the month of July. (Photo by Win McNamee/Getty Images)

  • US President Barack Obama delivers remar

    US President Barack Obama delivers remarks during a campaign event in Leesburg, VA, August 2, 2012. AFP PHOTO/Jim WATSON (Photo credit should read JIM WATSON/AFP/GettyImages)

  • US President Barack Obama waves as he ar

    US President Barack Obama waves as he arrives to deliver remarks during a campaign event in Leesburg, VA, August 2, 2012. AFP PHOTO/Jim WATSON (Photo credit should read JIM WATSON/AFP/GettyImages)

  • US President Barack Obama delivers remar

    US President Barack Obama delivers remarks during a campaign event in Leesburg, VA, August 2, 2012. AFP PHOTO/Jim WATSON (Photo credit should read JIM WATSON/AFP/GettyImages)

  • A supporter holds up a placard as US Pre

    A supporter holds up a placard as US President Barack Obama delivers remarks during a campaign event in Leesburg, VA, August 2, 2012. AFP PHOTO/Jim WATSON (Photo credit should read JIM WATSON/AFP/GettyImages)

  • Obama Holds Campaign Event At Virginia High School

    LEESBURG, VA - AUGUST 2: President Barack Obama shakes hands with supporters at the end of a campaign rally at Loudoun County High School on August 2, 2012 in Leesburg, Virginia. The president campaigned earlier in the day in Florida. (Photo by Brendan Hoffman/Getty Images)

  • President Obama Discusses Economy At Florida Campaign Event

    WINTER PARK, FL - AUGUST 2: U.S. President Barack Obama speaks during a campaign stop at Rollins College August 2, 2012 in Winter Park, Florida. Obama urged Congress to immediately prevent a tax increase and spoke about his plan to cut the deficit by more than $4 trillion through spending cuts and reforms. (Photo by Edward Linsmier/Getty Images)

  • President Obama Discusses Economy At Florida Campaign Event

    WINTER PARK, FL - AUGUST 2: U.S. President Barack Obama greets people after speaking at a campaign stop at Rollins College August 2, 2012 in Winter Park, Florida. Obama urged Congress to immediately prevent a tax increase and spoke about his plan to cut the deficit by more than $4 trillion through spending cuts and reforms. (Photo by Edward Linsmier/Getty Images)

  • President Obama Discusses Economy At Florida Campaign Event

    WINTER PARK, FL - AUGUST 2: U.S. President Barack Obama waves after speaking during a campaign stop at Rollins College August 2, 2012 in Winter Park, Florida. Obama urged Congress to immediately prevent a tax increase and spoke about his plan to cut the deficit by more than $4 trillion through spending cuts and reforms. (Photo by Edward Linsmier/Getty Images)



Saturday, February 23, 2013

NRA Targets Obama Using Justice Department Memo

WASHINGTON -- The National Rifle Association is using a Justice Department memo it obtained to argue in ads that the Obama administration believes its gun control plans won't work unless the government seizes firearms and requires national gun registration ' ideas the White House has not proposed and does not support.

The NRA's assertion and its obtaining of the memo in the first place underscore the no-holds-barred battle under way as Washington's fight over gun restrictions heats up.

The memo, under the name of one of the Justice Department's leading crime researchers, critiques the effectiveness of gun control proposals, including some of President Barack Obama's. A Justice Department official called the memo an unfinished review of gun violence research and said it does not represent administration policy.

The memo says requiring background checks for more gun purchases could help, but also could lead to more illicit weapons sales. It says banning assault weapons and high capacity ammunition magazines produced in the future but exempting those already owned by the public, as Obama has proposed, would have limited impact because people now own so many of those items.

It also says that even total elimination of assault weapons would have little overall effect on gun killings because assault weapons account for a limited proportion of those crimes.

The nine-page document says the success of universal background checks would depend in part on "requiring gun registration," and says gun buybacks would not be effective "unless massive and coupled with a ban."

The administration has not proposed gun registration, buybacks or banning all firearms. But gun registration and ownership curbs are hot-button issues for the NRA and other gun-rights groups, which strenuously oppose the ideas.

Justice Department and White House officials declined to provide much information about the memo or answer questions about it on the record.

The memo has the look of a preliminary document and calls itself "a cursory summary" and assessment of gun curb initiatives. The administration has not release it officially.

But the NRA has posted the memo on one of its websites and cites it in advertising aimed at whipping up opposition to Obama's efforts to contain gun violence. The ad says the paper shows that the administration "believes that a gun ban will not work without mandatory gun confiscation" and thinks universal background checks "won't work without requiring national gun registration" ' ideas the president has not proposed or expressed support for.

"Still think President Obama's proposals sound reasonable?" Chris W. Cox, the NRA's chief Washington lobbyist, says in the ad.

Last month, White House spokesman Jay Carney said none of Obama's proposals "would take away a gun from a single law-abiding American." Other administration officials have said their plans would not result in gun seizures or a national gun registry.

A Justice Department official who would only discuss the issue on condition of anonymity said the NRA ad misrepresents Obama's gun proposals and that the administration has never backed a gun registry or gun confiscation.

While the memo's analysis of gun curb proposals presents no new findings, it is unusual for a federal agency document to surface that raises questions about a president's plans during debate on a high-profile issue such as restricting firearms.

Obama wants to ban assault weapons and ammunition magazines exceeding 10 rounds that are produced in the future. He wants universal background checks for nearly all gun purchases. Today, checks are only mandatory on sales by federally licensed gun dealers, not transactions at gun shows or other private sales.

His plan also includes tougher federal laws against gun trafficking and straw purchases, which occur when a person legally buys a firearm but sells it to a criminal or someone else barred from owning a weapon.

Interest in the gun issue has intensified since the December shootings in Newtown, Conn., that killed 20 first-graders and six staffers at an elementary school. The Democratic-led Senate Judiciary Committee plans to write legislation addressing some of Obama's proposals in the next week or two.

The NRA's Cox declined to say how his organization obtained the memo.

He said the commercial is running online in 15 states, including many Republican-leaning states where Democrats will defend Senate seats next year, such as Alaska, Arkansas, Louisiana, Montana, North Carolina, South Dakota and West Virginia. There are also ads in papers in five states.

The memo was written under the name of Greg Ridgeway, acting director of the National Institute of Justice, the Justice Department's research arm. It is dated Jan. 4, nearly two weeks before Obama announced his plan for restricting guns, and Ridgeway's first day as acting chief.

Justice Department officials said Ridgeway was not granting interviews. He came to the institute last July from the RAND Corporation, a nonprofit research institution where he studied criminal justice issues, and has a Ph.D. in statistics.

The memo says straw purchases and gun thefts are the largest sources of firearms used in crimes, and that such transactions "would most likely become larger if background checks at gun shows and private sellers were addressed."

Gun control supporters said the NRA ad and the Justice memo don't mention that the current federal background check system blocked gun sales to 2.1 million criminals and others barred from owning guns between 1994, when the checks began, and 2010. Also ignored is that Obama has proposed cracking down on straw purchases to prevent a growth in illegal transactions, they said.

Advocates of restricting guns also said the memo omitted mention of several studies that affirm the effectiveness of firearms curbs. These include a 2010 police group analysis showing more than one-third of police departments found increased criminal use of assault weapons and high-capacity magazines since the 2004 expiration of the ban on those items.

"It doesn't appear to be a serious discussion of gun violence prevention policy, never mind an expression of administration policy," said Joshua Horwitz, executive director of the Coalition to Stop Gun Violence.

The memo says that out of 11,000 annual gun homicides, an average of 35 deaths yearly are from mass shootings, defined as those with four or more victims.

"Policies that address the larger firearm homicide issue will have a far greater impact even if they do not address the particular issues of mass shootings," it says.

It says there were an estimated 1.5 million assault weapons before the 10-year ban on those firearms began in 1994, so their sheer number would weaken a new ban exempting existing weapons. Such guns accounted for just 2 percent to 8 percent of crimes before the 1994 ban, so eliminating assault weapons "would not have a large impact on gun homicides," the memo said.

Recent data on the assault weapons ban impact is scarce because since the 1990s, Congress has blocked most federal research on the effect that firearms have on public health. As part of the gun restrictions Obama proposed last month, he ordered federal scientific agencies to research gun violence.

___

Online:

White House: http://www.whitehouse.gov/issues/preventing-gun-violence

National Rifle Association: http://home.nra.org

Earlier on HuffPost:

  • Rep. Louie Gohmert (R-Texas)

    "I wish to God she had had an m-4 in her office, locked up so when she heard gunfire, she pulls it out ... and takes him out and takes his head off before he can kill those precious kids," Gohmert said of slain principal Dawn Hochsprung on <a href="http://www.huffingtonpost.com/2012/12/16/louie-gohmert-guns_n_2311379.html"><em>Fox News Sunday</em></a>. He argued that shooters often choose schools because they know people will be unarmed.

  • Virginia Gov. Bob McDonnell (R)

    "If people were armed, not just a police officer, but other school officials that were trained and chose to have a weapon, certainly there would be an opportunity to stop an individual trying to get into the school," he <a href="http://www.wtop.com/610/3162096/Gov-Is-it-time-to-arm-school-officials">told WTOP's "Ask the Governor" show</a> Tuesday, warning that Washington may respond to such a policy with a "knee-jerk reaction."

  • Tennessee Gov. Bill Haslam (R) & State Sen. Frank Niceley (R)

    Gov. Haslam says he will consider a Tennessee plan to secretly arm and train some teachers, <a href="http://tpmdc.talkingpointsmemo.com/2012/12/tennessee-armed-teachers.php">TPM reports</a>. The legislation will be introduced by State Sen. Frank Niceley (R) next month. "Say some madman comes in. The first person he would probably try to take out was the resource officer. But if he doesn't know which teacher has training, then he wouldn't know which one had [a gun]," Niceley told TPM. "These guys are obviously cowards anyway and if someone starts shooting back, they're going to take cover, maybe go ahead and commit suicide like most of them have."

  • Oklahoma State Rep. Mark McCullough (R) & State Sen. Ralph Shortey (R)

    State Rep. Mark McCullough (R) <a href="http://www.tulsaworld.com/news/article.aspx?subjectid=336&articleid=20121217_336_0_OKLAHO168827">told the Tulsa World</a> he plans to file legislation that would bring guns into schools, calling their absence "irresponsible." 'It is incredibly irresponsible to leave our schools undefended ' to allow mad men to kill dozens of innocents when we have a very simple solution available to us to prevent it," he said. "I've been considering this proposal for a long time. In light of the savagery on display in Connecticut, I believe it's an idea whose time has come." Sen. Ralph Shortey (R) told the Tulsa World that teachers should carry concealed weapons at school events. "Allowing teachers and administrators with concealed-carry permits the ability to have weapons at school events would provide both a measure of security for students and a deterrent against attackers," he said.

  • Florida State Rep. Dennis Baxley (R)

    Baxley, who once sponsored Florida's controversial Stand Your Ground law, <a href="http://politics.heraldtribune.com/2012/12/17/florida-legislator-allow-guns-in-schools/">told the Sarasota Herald-Tribune </a>that keeping guns out of schools makes them a target for attacks. 'We need to be more realistic at looking at this policy," he said. "In our zealousness to protect people from harm we've created all these gun-free zones and what we've inadvertently done is we've made them a target. A helpless target is exactly what a deranged person is looking for where they cannot be stopped.'

  • Texas Gov. Rick Perry (R)

    At a Tea Party event Monday night, <a href="http://www.huffingtonpost.com/2012/12/18/rick-perry-guns-in-schools_n_2322185.html">Perry praised a Texas school system that allows some staff to carry concealed weapons to work</a> and encouraged local school districts to make their own policies.

  • Minnesota State Rep. Tony Cornish (R)

    Cornish <a href="http://www.kdlt.com/index.php?option=com_content&task=view&id=22736&Itemid=57">plans to introduce legislation that would allow teachers to arm themselves</a>, according to the AP.

  • Oregon State Rep. Dennis Richardson (R)

    In an email <a href="http://www.huffingtonpost.com/2012/12/17/oregon-state-rep-dennis-richardson-teacher-guns-stopped-connecticut-shooting_n_2317444.html?ir=Education">obtained by Gawker</a> and excerpted below, Richardson tells three superintendents that he could have saved lives had he been armed and in Sandy Hook on Friday: <blockquote>If I had been a teacher or the principal at the Sandy Hook Elementary School and if the school district did not preclude me from having access to a firearm, either by concealed carry or locked in my desk, most of the murdered children would still be alive, and the gunman would still be dead, and not by suicide. ... [O]ur children's safety depends on having a number of well-trained school employees on every campus who are prepared to defend our children and save their lives?</blockquote>

  • Former Education Secretary Bill Bennett

    "And I'm not so sure -- and I'm sure I'll get mail for this -- I'm not so sure I wouldn't want one person in a school armed, ready for this kind of thing," Bennett, who served as education secretary under Ronald Reagan, <a href="http://www.huffingtonpost.com/2012/12/16/bill-bennett-education-secretary-connecticut-shooting_n_2311774.html">told <em>Meet the Press</em> Sunday</a>. "The principal lunged at this guy. The school psychologist lunged at the guy. It has to be someone who's trained, responsible. But, my god, if you can prevent this kind of thing, I think you ought to."