Law

Ultrasound law due September 1

The Texas Tribune, as part of its “31 Days, 31 Ways”  series of articles has a video interview with Dr. David Spear, an Austin abortionist and director of Planned Parenthood, concerning the soon to be enforced law requiring the doctor to meet with women before an abortion, and give her the information available from her pre-abortion ultrasound.

“The law is currently being challenged in federal court. U.S. District Judge Sam Sparks has said he plans to rule on the case by September. The New York-based Center for Reproductive Rights filed the suit in June, before requesting an injunction to prevent the law from going into effect on Sept. 1. In the suit, Texas Medical Providers Performing Abortion Services v. Department of State Health Services Commissioner David Lakey, the group argues that the law violates the equal protection clause by “subjecting [women] to paternalistic ‘protections’ not imposed on men” and the First Amendment rights of doctors by “forcing physicians to deliver politically-motivated communications” to their patients.”

Dr. Spear confirms that the ultrasound is standard of care as we heard that over and over in testimony at the Lege. The woman pays for the Ultrasound, already. It is her medical information.

No responsible doctor would introduce an instrument into the uterus without an ultrasound these days. It’s common practice to do this a couple of days before the abortion, although Dr. Spears implies that it is done the same day as the procedure. If it is true that it’s done the same day, is that before or after sedation and/or is the woman given the chance to evaluate her medical information while clothed, eye to eye with the doctor, or is she in a gown, feet up in the stirrups?

No one complains about other informed consent laws. There’s already law describing the informed consent for electric shock therapy, radiation therapy, sterilization and hysterectomy. Hysterectomy was the first such law. These (and the mandatory waiting period before Medicaid will pay for sterilization) came about because of a patronizing “doctor knows best” attitude of the past.

There’s nothing either political or religions about informing women about the ultrasound. There’s certainly noting political or religious about expecting the doctor to give informed consent – can you imagine if this conversation were about the heart catheterization and the heart ultrasound (echo-cardiogram)?

Part of the law includes the requirement to give information about the father;s responsibilities and about aide that is available locally for pregnancy and after the birth. These lists have been printed by the State and paid for by licensing fees for abortion clinics since 2005.

Government Motors Spends Your Money | RedState

Ben Howe at RedState questions General Motors’ spending, including $15 Million on advertising at one football game.

So the government appointed CEO has taken the company’s stock to historic lows; pushed out money losing, government subsidized cars that the American people don’t want, all at the behest of his bosses in Washington; and is sitting on enough cash to pay back the loan but is instead choosing to wait for the treasury to lose money when it sells our shares. So what’re they doing with all that money?

Well, they’re handing out bonuses that will be over $400 million and could exceed 50% of workers salaries. In fact, nearly all 28,000 engineers and managers will get 4-16 percent of their base pay.

They’re paying homage to the green gods by investing in solar panels and wind farms. Not exactly sure how that contributes to making cars, but what do I know? In fact they’re spending just under $1 million for weatherization projects in Maine which they claim will be the first of similar investments in all 50 states.

GM is investing over $40 million dollars to “offest its carbon footprint,” and invested enough money into the World Golf Championship in Doral, Fl to get them to add the word “Cadillac” to it.

The average cost of a superbowl ad is $3 million for 30 seconds. GM aired 5 of them.

They’re working on getting the green light for a reality tv show about their Chevy Volt. I’m guessing it’ll include a cast of 20 people that will coincidentally be the only people in America that actually own one.

In fact, they are spending on entertainment at a faster rate than any other category.

And I know what you’re thinking, “Hey, companies have to advertise man! It’s getting them name recognition!” To that I would ask you if you really believe that GM’s name is so unknown that they need to spend a minimum $15 million worth of advertising during one game, or if, perhaps, they might be well known enough to advertise somewhere other than the most expensive commercial spot on planet Earth.

via Government Motors Spends Your Money | RedState.

Common State Abortion Restrictions Spark Mixed Reviews

Why would anyone want doctors to be forced to perform elective, interventional procedures that they find morally wrong?

Gallup typically finds few differences between men’s and women’s attitudes about the legality of abortion in general. Consistent with that, the new poll shows relatively minor gender differences in views about the seven specific restrictions tested.

Partisan differences are much greater, although majorities of Democrats as well as most Republicans favor informed consent, parental consent, 24-hour waiting periods, and a ban on “partial birth abortion.”

By contrast, Republicans and Democrats are on opposite sides when it comes to opt-out provisions and withholding federal funds from abortion providers.

via Common State Abortion Restrictions Spark Mixed Reviews.

Doggett layoff author opposes Perry

Big surprise: Lloyd Doggett doesn’t like Perry. I guess he’s given up on winning his primary against one of the Castro twins (I can’t tell them apart), so he’s going to spend time campaigning against the Governor who wouldn’t lie for money.

ABC.news has a blog entry explaining the details, here.

Doggett’s the creator of the Doggett layoff, causing school districts all over the Nation to layoff teachers. Doggett was the author of the amendment to part of a stimulus bill, refusing money to Texas education by setting specific, individual requirements for Texas that no other State must meet and that go against Texas’ Constitution. Doggett repeatedly claimed at the time that claiming the Governor could lie and violate the State Constitution if he wanted the money badly enough.Doggett kept repeating that the requirements weren’t “unConstitutional.”

Last year, I met with this man with a group of doctors about graduate medical education, identifying as a doctor interested in primary care, not as a Republican. He assumed he could talk freely to us and literally shook with fury when he criticized Conservatives and the Tea Party. Claims Republicans don’t think for ourselves and only listen to Fox news and Limbaugh.

And yet, here I am reading ABC.news and there he is spouting his hate for conservatives. Well, he won’t be unopposed this election – and he’ll have a great panel of Conservatives vying to run against him on the Republican ticket, too.

Why I support the Texas DREAM Act

I was the first in my family to graduate from college, much less to go to Medical school. I believe I was blessed by attending Texas elementary and high school, Tyler junior college, UT at Tyler, and then Med school and residency in San Antonio, Texas. I’m grateful, knowing that a “non-traditional student” (an older woman with a family) couldn’t have done that in any place but the USA and Texas. No one took my place or squeezed my kids out of a good education, even though we live in a small city where more than 50% of the surnames are of Spanish origin and we know that we have kids of illegal aliens in our schools.

Our law in Texas, (unofficially called The Texas DREAM Act after the failed Federal Development, Relief and Education for Alien Minors), allows a young adult — who was brought here as a minor through no fault of his own – to be counted as a resident only for calculating tuition rates in our State-supported colleges. The Federal residency or citizenship requirements do not change for someone going to college under this provision. Young people who finish at least 3 years of high school, get their diploma from a Texas high school, have lived in Texas the 12 months before applying, and who get admitted to a Texas college, pay in-state tuition. In contrast to what we often hear, the law doesn’t discriminate against legal aliens from other states: rather than 3 years of residency, they only have to live in Texas for one year to establish residency and it doesn’t matter where they went to high school.

In order to continue to qualify for in-State tuition rates, he must pass his classes, take a full or near-full load and promise to formally apply for legal residency status as soon as Federal law allows.

The “Texas DREAM Act” is the law in our state and was passed with veto-proof numbers by the Texas Legislature over 10 years ago, in 2001. HB 1403 passed in the Senate with 29 “yeas,”no “Nays.” It received 130 votes in favor in the House.   The text of the Bill is, here.  The Texas Legislature has never repealed the DREAM Act, although it was revised and made stricter in 2005 with SB 1528. That Bill also appeared veto-proof, with 31 votes in the Senate, and a non-recorded vote in the House.  This year, the sole attempt by Senator Birdwell to increase tuition for undocumented students failed to make it out of the 82^nd Legislature’s Senate, even when he tried to tie an amendment onto the larger Education Bill.

On most immigration subjects, I’m probably to the right of many people. I would insist that adults who cross the border illegally must go back to their country of origin before beginning any path to citizenship or residency. They should start the process on the other side of the border — *especially* if they have an anchor baby as proof that they have already broken our laws.  No ifs, ands, or buts about it.

In fact, I’m all for identifying adults who came here illegally, breaking our laws and for deporting the whole family until they can get in line and come here legally. Otherwise, we are encouraging people to break the law over and over. They go “underground” and are vulnerable. As a consequence, young people often graduate from our high schools truly “undocumented” in either country.

However, Federal law interferes with any attempt by the State to stop the problem where it begins. The Feds won’t deport people. They won’t allow us to identify those illegal adults with kids in our schools and deport them. Federal Courts have ruled that we must bend over backwards to prevent any appearance of scrutiny that might “chill” the educational prospects of any child, from preschool to high school graduation.  In spite of all these limits on what the States can do, there’s no Federal attempt at a legal provision for identifying their country of origin.

So, until we can get the federal law changed to better control and deport known adult illegal aliens, do we Texans encourage their identification as (grateful) United States Americans and Texans or do we make them men and women without a country?

Dose of Reason: Perry and Gardasil

Bear with me, this isn’t a “sound bite” subject.

(Edit 8/23/11: The opt out is for 2 years, not 1. BBN )

The Human Papilloma Virus is an infection, and should not be a moral issue. In contrast, the vaccine against four strains of the virus, Gardasil, has become a political issue, even though the Federal Food and Drug Administration (FDA) now recommends it for all boys and girls.

Governor Rick Perry has been criticized for his February, 2007 Executive Order that made the vaccine mandatory for girls before entering the 6^th grade. Very little is said about the part of the EO that affirmed the right of and facilitated parents who wish to “opt out” of not only Gardasil, but other vaccines as well.

We expect the Governor to direct the people that he appoints, right?  The Governor is responsible for management of the Executive Branch, including the Department of State Health Services. He appoints the head of the DSHS, who supervises the people who decide which vaccines will be mandatory. Texas’ Legislature modified Chapter 38.001 of the Texas Education Code over the years to mandate certain vaccines and allow the DSHS to add other mandated vaccines without Legislative oversight.  Just before the Gardasil controversy, the Department had mandated Chicken Pox and Hepatitis A, which are both manufactured using cultures of human fetal tissue obtained at an abortion.

The Governor’s Executive Order (RP 65) that caused all the controversy also ordered the director of DSHS to make it easier for parents to opt out of vaccines. The Legislature had changed the law from “opt in” to a requirement to “opt out” once for all the school years. Next, they changed to a two year limit on the opt out, and then in 2005, the Legislature restricted the period to one year and required a new State form bearing a “seal.” Parents had to go to Austin or start early in the summer. There were bureaucrats who maintained that the only way to get the form with the seal was to go to Austin, find the right office and make the request in person.  Perry used his EO to tell the Director of DSHS to make the request (and the seal) available on-line, making it easier to “opt out.”

In fact, the reason for the Executive Order was to speed up private insurance coverage and to make it easier for parents to exercise their right to opt out.

The Federal government doesn’t have the authority to mandate vaccines in the States.  Not yet, not exactly. However, thirty days after the National Advisory Committee on Immunization Practices (ACIP) recommended the vaccine, Texas was required by Federal law to buy and distribute the vaccine in the “Vaccines for Children” program.  The program provides vaccines without cost to uninsured children up to age 21, those who are insured by Medicaid, and those whose private insurance does not pay for vaccines at all. In effect, the only families who have to pay for Gardasil – for whom the State of Texas will not pay, anyway, under Federal law – are those whose private insurance will only pay for mandated vaccines.

Gardasil is manufactured the same way that insulin for diabetics is made these days: using recombinant DNA. In this case, common bakers’ yeast makes the proteins that cause the immune response. Gardasil had been thoroughly studied even in 2007, and is not only included in the Vaccines for Children program, it is the most-requested vaccine for girls. We are even seeing cross-protection from other strains.  It has recently been recommended for boys. The recommended time to give the HPV vaccine is at 11 or 12 years old, when children are scheduled to receive other shots (tetanus and MMR boosters) and before they were likely to be infected.

The only reason that we do “Pap smears” (the papanicolaou test) is to look for changes in the cell nuclear DNA of the cervix, the opening to the uterus or womb. Over the last 15 years, we have found that 99.7% of these changes are due to HPV infections. In the US, 70% of cervical cancers are caused by HPV 16 and 18. (50% by HPV 16.) These are the two types of HPV that result in the most damage and cost, due to repeat paps and the subsequent biopsies, freezing, “LEEP,” or other treatments in which the surface of the cervix (the opening to the uterus or womb) is burned off to remove cancerous and pre-cancerous cells. These treatments lead to infertility and premature births.

Because 15% of girls begin sex before age 15 and half of girls who have sex before 20 say their first time was involuntary, the first trial of Gardasil involved 1200 girls between the ages of 9 and 15. The girls 15 and under had a better response to the vaccine than the older girls and women 16 and above. The researchers compared blood levels of antibodies. The research ethics committee ensured that no paps or pelvics were done on the young girls. (Every one of the young women under the age of 21 when I sent them for colposcopy for cancerous changes had been raped before they were 15 years old.)

The reports of deaths and injuries from Gardasil are poorly documented. The great majority of the adverse effects in the reports include pain, redness, and tingling at the injection site and fainting and headaches. People often faint and complain of headaches after seeing a needle, even without being stuck. It looks awful sometimes, like a seizure. The FDA has ruled that none of the deaths that have been confirmed were caused by the vaccine. In addition, this article from the Canadian Medical Association Journal contains a table showing the numbers of serious events and the numbers of deaths in several studies on the use of the HPV vaccine.

Remember your statistics classes. With 33 million doses, there are bound to be deaths that coincide with the timing of the vaccine use. The teen death rate from all causes is 62 per 100,000 across the US. Most of those are boys, but still: In 10 million girls, 30 deaths are not outside the rate for the age group. They are tragic, but consistent with life on this Earth.

More likely the girls who had severe reactions or death had other risk factors, due to the population presenting to clinics giving the vaccine: those who present with worries about STD’s, the newly sexually active and those entering college. The records show that many were given new scripts at the same visit for birth control pills and other vaccines and medicines, according to the analyses in the medical literature. (Also, remember the silicon, SSRI, and the general vaccine scares that have been blown out of proportion through the years and later proven to be untrue.)

The reports on the possible vaccine-related deaths are available for viewing at” the “Vaccine Adverse Event Report Site” (VAERS),(drop down to the table at the middle of the Page, option #3) using “HPV4” (This is the Merck vaccine), at Option#4, check “YES” at “life threatening” (or you could check “death”) and (top of page)”Sort by submission date.”

Here’s a few examples:

    Administered by: Unknown  Purchased by: Unknown Symptoms: Adverse reaction Write-up: It was reported from an article, published on 29-JUN-2009 that there were “hundreds” of life-threatening reactions said to be associated with GARDASIL. This is one of several reports received from the same source. Attempts are being made to obtain additional identifying information to distinguish the individual patients mentioned in this report. Additional information will be provided if available.

Another:

FINAL DX: Hodgkins lymphoma, nodular sclerosing, stage IIA. Records reveal patient was pale & had firm left clavicular lymph node. Excisional biopsy done 7/23/09 revealed diagnosis. Tx w/chemotherapy & possibly radiation tx when chemo completed.

And another:

    Write-up: Vaccine was administered, patient became dizzy 30 seconds after shot. Patient was pale, diaphoretic & nauseous. Symptoms lasted about 45 minutes. BP dropped to 90/50 & pulse to 50/min. 8/20/09 PCP note received DOS 8/4/09. After shots pt became naseated, pale, diaphoretic, dizzy and had difficulty breathing. BP dropped to 90/50 and pulse into the 50’s. Sx lasted ~45 minutes with return to baseline. Vax record states pt “passed out.”

Debt ceiling: never lowered

That should be enough to make the people who holler, “The debt ceiling has been raised dozens of times over the decades,” reconsider.  But probably not.

The problem is not revenue. Revenue is high, but spending is higher!

Perry, Palin: fish or cut bait!

It’s time for Governor Sarah Palin and Governor Rick Perry to fish or cut bait. Conservatives must begin the process of forming a coalition that can beat Obama. Like everyone else in the Nation, I’m waiting for an announcement from one or both, declaring their candidacy for the Republican nomination for President.

However, Conservatives must remember that we are first of all Conservatives, not Palin-supporters or Perry-supporters. Our true enemy is big government and threats to our Conservative ideals. We must strive to conduct the 2012 Primary in order to build up and not tear down fellow Conservatives and avoid writing the Dem’s ads or making the progressive spoilers stronger.

Today, Governor Palin “reTweeted” an essay written by one of her supporters on the blog Conservatives4Palin. The article is absolutely more pro-Palin than anti-anyone, and rightly praises her for her accomplishments  in her two years in office in Alaska.  Unfortunately, the fact that she shared the piece is being touted as proof that Governor Palin will run and/or will not endorse Governor Perry.

If we are going to begin to compare the candidates, I would like to see a true comparison that properly evaluates Governor Perry’s 10 years in office:

1. that doesn’t mix liabilities and debt

• Texas has  a Constitution that requires a balanced budget.
• Texas does not allow the Governor a line item veto.
• Occasionally, we have to dip into our “rainy day fund” for Katrina, Rita, Ike, wildfires and other unexpected expenses.
• Governor Perry oversaw two years of hard cuts in Texas, in 2003 and 2011.

2. the equivalent calculation considering relative population through the years and in light of Texas’ originally higher population compounded by growth of approximately 1000 a day, mostly from people who move here from other parts of the US,

3. the relative burden of illegals crossing the Rio Grande

• The Feds impede our State’s attempt to identify and deport illegals.
• We are forced to educate and provide healthcare, food stamps.
• Our State must pay for law enforcement when other crimes are committed.
• Governor Perry has waged constant fights to control our Border. Governor Perry has had to deploy Texas Rangers to assist the Border Patrol,fight off claims that the drug cartels are of no concern in South Texas,finally persuaded the Feds to send us 2 (maybe 3) of 6 unmanned drones and 250 of the grudgingly deployed 1200 National Guard troops sent to assist the Border Patrol, andmanaged to get their stay extended when Obama tried to remove them after less than 6 months.

4. the Federal  Department of Justice, Immigration and Customs Enforcement and Homeland Security policy of transporting illegals from all areas of the US to Texas prior to deportation.

• Texas has eleven (11) ICE detention facilities where the detainees are often criminals from other States.  Alaska has none – 0. California, 6 and Arizona, 5.
• The Department of Homeland Security and ICE have been dismissing these cases in large numbers over the last 2 years, releasing illegals into our State.
• Our courts and State bear up under the backlog, with legal costs and law enforcement expenses.
• ICE Detention Centers list here.
•  Here is a Houston Chronicle article on the dismissal of several thousand cases and anticipation of up to 17,000 of 23,000 pending cases last August, 2010. Note these are often people convicted in other States who served time in prison and then transported to the detention centers, according to this article.

(edited at 5 AM, to add note that “Texas does not allow the Governor a line item veto.” BBN)

U.S. eats up most of debt limit in one day

Don’t look behind the curtain!

The debt subject to the statutory limit shot way past the old cap of $14.294 trillion to hit $14.532 trillion on Tuesday, according to the latest the Treasury Department figures, which are released on the next business day.

That increase puts the government already remarkably close to the new debt limit of $14.694, which means one day’s new borrowing ate up 60 percent of the $400 billion in space Congress granted the president this week.

via U.S. eats up most of debt limit in one day – Washington Times.

Jeffs delivers proclamation during sentencing phase » Standard-Times

Bravo to the jury for finding this man guilty. Thank you all for your service. Now, put him in jail and throw the key away!

On Thursday, Jeffs, the head of the Fundamentalist Church of Jesus Christ of Latter Day Saints, was found guilty of one count of sexual assault of a child and one count of aggravated sexual assault of a child. The penalty phase of the trial proceeded almost immediately late Thursday afternoon.

via Jeffs delivers proclamation during sentencing phase » Standard-Times.

New Right to Government Funding?

“Americans will be thrilled to know that the courts have invented a new “right” to government money.”

These are points that need to be clarified: How much control do the people of the State have when money passes from the taxpayers to the Feds, and then back through the State’s Treasury under the State Legislature and does any entity have a “right” to tax funds? In other words (borrowed from something I read somewhere from Justice Rehnquist) are the courts to decide the big issues and only allow the Legislatures to decide small, inconsequential issues?

Today’s Washington Update, an e-mail newsletter from Tony Perkins and the Family Research Council, reviews a recent legal ruling in a Kansas Court.

The Judge indulged in political speech, himself (“The purpose of the statute was to single out, punish, and exclude Planned Parenthood.”) but he may have a point that Kansas Legislators might not have legal standing to limit the use of Federal Title X (“Title Ten”) family planning funds that come out of Medicaid appropriations. This is a point that needs to be clarified: How much control do the people of the State have when money passes from the taxpayers to the Feds, and then back through the State’s Treasury under the State Legislature?

Here in Texas, there haven’t been any challenges against our new laws that will eventually limit tax payer funds that will go to PP. We worked on Texas’ family planning funds rather than Federal money. We prioritized funds going to hospitals, county health and federally qualified health clinics that provide comprehensive and continuing care for more than one body system. We also tightened up law prohibiting State tax funds from going to any organization or clinic that performs abortions.

Supreme Court: Higher First Amendment Hurdles for Public Health Regulation

From the New England Journal of Medicine:

Vermont’s statute had a fatal self-inflicted wound. By prominently announcing that the state intended to tip the balance in the “marketplace for ideas” against drug companies, the law dug itself into a constitutional hole: state interference with that marketplace was likely to provoke the ire of a majority of the Supreme Court. Writing for the Court, Justice Anthony Kennedy stated, “[t]he more benign and, many would say, beneficial speech of pharmaceutical marketing is also entitled to the protection of the First Amendment.”

Instead of dealing with this statute under existing precedent, Kennedy seized the opportunity to expand the First Amendment’s reach and power to strike down government regulation of health care information. The Court’s opinion raises serious questions for some public health rules and the regulation of drug marketing. Justice Stephen Breyer, writing in dissent, charged that the Court added an unprecedented constitutional standard that would hinder consumer-protection regulations, including Food and Drug Administration (FDA) restrictions against off-label marketing.

Although the First Amendment’s core is the protection of religious freedom and political speech, in recent decades, federal courts have expanded its application to business-related or “commercial” speech. In the 1970s, the Court used the commercial speech doctrine to reach state laws prohibiting advertising by professionals such as lawyers, accountants, pharmacists, and physicians. These professions had been self-regulating, following ethical rules that limited market competition. The Supreme Court struck down the prohibitions, using a standard of review that reserved some deference to the state legislature. By 1980, this “intermediate-scrutiny” standard was encapsulated in the Central Hudson decision, and until now, the Central Hudson test — whereby it’s considered constitutional to regulate commercial speech only if doing so “directly advances” a “substantial” government interest in a way that “is not more extensive than is necessary” — has been the operative standard.

Kennedy applied a more stringent “heightened-scrutiny” standard to the Vermont law, seeing the additional burden as justified because the law regulated specific conduct (drug marketing) and specific persons (data miners and drug companies). Under this standard, the Court didn’t carefully weigh the health care cost savings described by Vermont and gave short shrift to physicians’ confidentiality in patient-related decision making, claiming that prescriber-identifiable information was widely available in the marketplace. The majority dismissed Vermont’s concerns about data mining as “nothing more than a difference of opinion,” without considering seriously the peer-reviewed evidence on marketing’s effect on prescribing choices. Indeed, experts’ testimony to the Vermont legislature was offered as evidence of the state’s bias.

via Higher First Amendment Hurdles for Public Health Regulation | Health Policy and Reform.

Partisan disagreement over Health Care Law

Which way will those Independents vote in 2012?

Data Watch | Health Policy and Reform.

The Brief: Top Texas News for Aug. 4, 2011 — Texas News | The Texas Tribune

Governor Rick Perry is quoted as saying, “You know I don’t mind being the first. I like it.”

The Brief: Top Texas News for Aug. 4, 2011 — Texas News | The Texas Tribune.

Susan Combs: The TT Interview — 2014 Statewide Elections | The Texas Tribune

A change of heart? I certainly hope so,and she says that she and her husband have donated to the Austin Crisis Pregnancy Center. I thank her for this conversation and testimony, but I’d like to hear more. Texas Comptroller Susan Combs on “personal responsibility,” but not on the wrong of abortion itself:

Twenty years ago, I was pro-choice, not pro-abortion. I was pro-choice because I had concerns about the role of government. Here we are, you go to 2004, 5, 6, 7, 8, and I am actually stunned to find, in the 21st century, past the year 2000, that we are seeing abortion — which I really thought was rare — being used as a contraceptive. It’s just birth control. I spent some years that I am very proud of, being a prosecutor, handling child abuse and incest cases. And I saved kids. I really did save kids. I really think that I got them a better life.

I don’t know what you can call it but a lack of personal responsibility. If people are having abortions because they’re not taking personal responsibility, I find that just morally repugnant. It has reached such incredible numbers. I have been looking at studies and data and reading books and it is stunning to me. I say this with all seriousness. It is stunning to me that we are at the point in this country where in 2011, you have incredibly high numbers of women choosing to abort rather than have a baby or to have avoided the problem in the first place.

So I am unequivocal about it. I was wrong and it’s 20 years later, and I feel very strongly about it.

via Susan Combs: The TT Interview — 2014 Statewide Elections | The Texas Tribune.

Red Tape: Rising Cost of Government Regulation

More Costly Regulations Looming. The torrent of new regulation will not end any time soon. The regulatory pipeline is chock full of proposed rules. The spring 2011 Unified Agenda (also known as the Semiannual Regulatory Agenda) lists 2,785 rules (proposed and final) in the pipeline. Of those, 144 were classified as “economically significant.” With each of the 144 pending major rules expected to cost at least $100 million annually, they represent at least $14 billion in new burdens each year.

This is an increase of 15.2 percent in the number of economically significant rules in the agenda between spring 2010 and spring 2011. Moreover, in the past decade, the number of such rules has increased a whopping 102 percent, rising from 71 to 144 since 2001.[9]

via Red Tape: Rising Cost of Government Regulation.

Graphic Proof: Deficit and Debt

This graphic was worked up by a blogger at “The Captain’s Comments.”

And here’s where the money is projected to go, according to the Wall Street Journal:

More de Tocqueville moments (yes, they want to tax and spend)

Last Friday, I was asked by the editors of the New Braunfels Herald-Zeitung, to write the “Counter-Point” to an essay by the Comal County Democratic Party chair (behind a pay-wall, here.) At the time, I didn’t know who the author was and only had a portion of the original to read, but the major points were that the debt ceiling debate was only meant to be used against President Obama and all due to “past policies.” Here’s my answer, along with the title given it by the H-Z:

“The Public Is Being Bribed”

Yes, the current problems with the United States’ budget are due to errors of the past, including those of the current Administration. However, the first author’s basic philosophy is wrong.

In 1831, Alexis de Tocqueville observed, “The American Republic will endure until the day Congress discovers that it can bribe the public with the public’s money.”

Last year, nearly half of the people in the United States didn’t pay income taxes. The top 50% paid 96% of the income tax revenues. The top 5% (those earning over $160,000) paid 55% of all income taxes, although they earned 33% of the gross income.

Congress and Federal bureaucracies have expanded the budget and the reach of government regulations. They heaped “ObamaCare”, on top of the “Stimulus,” on top of TARP bailouts, on top of earlier spending that made Conservatives angry enough to stay home in 2006 and 2008. The American voters didn’t like spending in November, 2010 and we don’t like it now.

Ronald Reagan convinced the Democrat-controlled Congress to cut tax rates along with tax deductions and loopholes, increasing Federal revenue. However, promised cuts in spending never materialized and the National debt exceeded $2 Trillion dollars in 1988. In 1995, Bill Clinton forced two government shut-downs, but the Republican House and Senate persisted until he signed  balanced budgets four years in a row.

Unfortunately, since 2001 both Parties have increased non-defense spending in addition to recovery from September 11, 2001, the war on the Afghanistan and Iraqi fronts, and the near-failure of the banking system in 2008. Attempts to decrease the rate of growth for non-essentials and bureaucracies were knocked down by histrionics from special interests and the media, even as new layers of tax credits and deductions were added, until half the country pays no taxes.

America was built on the dream that every child could grow up to be President or start a billion dollar business in the garage like the Wright brothers, Henry Ford and Bill Gates. I don’t remember hearing that if I worked hard, I could grow up to be middle class.

We Americans have a tradition of giving back, lending a hand up, and rescuing the helpless. Bloated Government bureaucracies divide families and force PC “separation of Church and State.” They’re poor substitutes for Churches and private charities that we choose as stewards for our duty to the less fortunate.

Yes, it’s important to think for ourselves and research the truth behind the latest controversies. I wouldn’t expect anything less from the people I know. However, we can learn from history. De Tocqueville also predicted, “”A democracy . . . can only exist until the voters discover that they can vote themselves largesse from the public treasury. From that moment on, the majority always votes for the candidates promising the most benefits from the public treasury with the result that a democracy always collapses over loose fiscal policy, always followed by a dictatorship. The average age of the world’s greatest civilizations has been 200 years.”

Edited for spelling 3/28/2012 BBN

‘Civility’: The Denouement – WSJ.com

James Taranto of the Wall Street Journal’s “Best of the Web, Today” talks about the other side of civility government, reviewing yesterday’s talking point that Republicans are terrorists when it comes to the debt ceiling.

He also may have picked up on the next talking point. I heard similar talk from a doc tonight, who (just before telling me that no one needs to earn more than $500,000 a year and that the rest should be taxed away) claims to have been a “conservative Republican” until recently. It seems that the Republicans have been creating “fear” about the failure of the Government.

“Now He Tells Us”

Former Enron adviser Paul Krugman weighed in late yesterday morning against the debt compromise:

What about the catastrophe that would result? Several thoughts.

First, what I keep hearing from people who should know is that Treasury won’t actually run out of cash tomorrow, that it still has a few more days.

Second, the people who claim that terrible things would immediately happen in the markets also claimed that there would be a big relief rally once a deal was struck. Not so much: the Dow is down 121 right now.

Third, the idea that a temporary disruption would permanently damage faith in US institutions now seems moot; if you haven’t already lost faith in US institutions, you’re not paying attention.

Isn’t his position the same as Michele Bachmann’s?

via ‘Civility’: The Denouement – WSJ.com.

ObamaCare’s Most Frightening Consequence: Not Enough Doctors – HUMAN EVENTS

It’s more about the hassles and the regulatory burden than the money. We want to help people, but we end up bean counters and paper pushers.

According to Roe, only 4% of the nation’s students are getting into primary care fields.

This is significant. Family Practice residencies have been shut down because the program can claim to have enough “primary care” resident slots in the Internal Medicine department. However, if 96% of those IM docs go on to a subspecialty, they will not practice primary care. We lose both ways.

A survey by the Associations of American Medical Colleges found the nation’s doctor shortage likely will increase the project shortfall of 62,900 doctors in 2016 to 91,500 in 2020.

“When these older doctors who are used to working 70 or 80 hours quit, I don’t know what we are going to do for internists and primary care,” Roe said.

via ObamaCare’s Most Frightening Consequence: Not Enough Doctors – HUMAN EVENTS.

(What the NYTimes.com really means)

Tonight, we saw the Senate Democrats table (without a vote) the debt ceiling Bill passed in the House because it cut spending, did not add taxes, and included a requirement to pass a Balanced Budget Amendment before raising the debt ceiling again.

(NO to #compromise.)Senate Majority Harry Reid (D-Utah) (who hasn’t passed a budget in nearly 3 years, even one sent from the President) along with Senator Schumer (D-NY), then held a press conference to tell us that he’s upset with Senate Minority Mitch McConnell (R-KY) and the Senate Republican Minority want a “filibuster” (they won’t vote to vote on it without a debate).

Then tonight, New York Times had the nerve to print the following in an editorial (parentheses comments are my explanations):

Instead of worsening the bill,

(That means: he wouldn’t agree to more fewer cuts in spending or any increases in taxes.)

Mr. Boehner could have negotiated with Democrats to construct one with a chance of resolving the standoff and passing in the Senate.

(That means he could have agreed to increase taxes so the Dems would agree.)

But concerned largely with preserving his position,

(That means: Republican voters and our Representatives are very serious about cutting spending without raising taxes and we want some sort of Balanced Budget Amendment.)

he gave in to the very lawmakers who have been insisting for weeks that the Obama administration is lying about the coming default. That argument alone should have given him pause about giving in to their demands.

The Senate quickly tabled the revised House bill.

(The Democrat majority refused to vote on the House Bill, so they voiced a decision to “table” it, effectively killing the Bill so it can’t be considered without a majority of votes to bring it back to the floor.)

The legislation being prepared by Harry Reid, the majority leader, would raise the debt ceiling through March 2013. That avoids another showdown, and potential meltdown, in the middle of the crucial retail shopping period and at the start of the presidential campaign cycle, when Washington will be even less open to rational compromise.

What this means: the Dems absolutely do not want to debate the debt ceiling issue to be debated when people are deciding who to vote for in the Primary and in next November’s Presidential election. The NYT and the Dems evidently believe that raising the debt ceiling, increasing spending or taxes will not be popular with those voters.)

via It’s Up to the Senate – NYTimes.com.

Judge Tosses Suit Seeking to Stop Gov. Perry’s Sponsorship of Texas Prayer Rally – FoxNews.com

A federal judge dismissed a lawsuit that sought to stop Gov. Rick Perry from sponsoring a national day of Christian prayer and fasting, ruling Thursday that the group of atheists and agnostics did not have legal standing to sue.

U.S. District Judge Gray H. Miller said the Freedom From Religion Foundation argued against Perry’s involvement based merely on feelings of exclusion, but did not show sufficient harm to merit the injunction they sought.

“The governor has done nothing more than invite others who are willing to do so to pray,” Miller said.

via Judge Tosses Suit Seeking to Stop Gov. Perry’s Sponsorship of Texas Prayer Rally – FoxNews.com.

DPS caught up (for me, anyway)

The DPS website let me know that my State permit to prescribe has been renewed for another year.Yeayy!

The story is that DPS brought in extra people and have been working nights to put about 3000 delayed permits through their new software before Midnight, August 1.

I’m glad they’re catching up, but I still believe that it was irresponsible for them to install the new software program during what is probably their busiest time of the year, when they knew they’d have less personnel, because of budget cuts and because of vacations, etc.

Texas DPS Bureaucratic Snafu

On August 1st, a bureaucratic snafu might cause me to lose my ability to write prescriptions and, if so,there’s a good chance that hospital privileges will be suspended until some future date.

The Texas Department of Public Safety regulates prescription permits for Controlled Substances – the right to prescribe medicines – for doctors, dentists, advanced practice nurses, pharmacists, and veterinarians. (That ‘script for Oxycontin has the line, “Patient or pet owner’s name.)  The unofficial rumor is that the cuts in their Department because of the tight State budget caused a manpower shortage. Knowing that there would be less staff, the Department chose that moment to initiate a new, complicated software system. Those who were not laid off or re-assigned had to learn the new input and verification system at the busiest time of year. With fewer people and more work, they’ve gotten way behind in issuing the pieces of paper. The powers that be refuse to give extensions to those who have paid, are in the system, and who should have received those little pieces of paper by the last day of July.

The Texas DPS permits are redundant in light of the fact that the Federal government also issues prescriber permits through the Drug Enforcement Agency. This latter number is what most pharmacies ask for, along with our State license number. While Texas requires re-credentialing each year, the DEA permits are valid for five years.

Since most docs in Texas qualified for their first DPS permit at the end of their internship (with the permits issued July 31), there’s no telling how many prescribers will lose their ability to treat patients with antibiotics, blood pressure and diabetes medications, or Botox unless we can find some doc whose renewal is due at a later date and who is willing to co-sign. Oh, and of course, they have decreed that we can’t prescribe narcotics and other truly controlled substances under any circumstances.

Another giant bureaucracy stumbles once again, putting the process first, complicating the practice of medicine and endangering patients. The stifling regulations and paper pushing is frustrating!

The de Tocqueville Moment: will we endure?

Has the United States of America reached the Moment predicted by Alex de Tocqueville when,”The American Republic will endure until the day Congress discovers that it can bribe the public with the public’s money?”

Congress and the DC bureaucracies have expanded the federal government, increased regulations and permits, heaped ObamaCare —>on top of “Stimulus” —> on top of TARP and all of this —> on top of the other spending that made Conservatives angry enough to stay home in 2006 and 2008 is not the answer.  We didn’t like it in November, 2010 and we don’t like it now!

Edited for spelling 3/28/2012 BBN

Lame Duck President (From Sarah Palin)

Now the President is outraged because the GOP House leadership called his bluff and ended discussions with him because they deemed him an obstruction to any real solution to the debt crisis.

via Lame Duck President.

Federal Reserve Audit: $16 Trillion in loans over 3 years

Yep, $16 Trillion. Or maybe, less?

(or was it $1 T? This guy doesn’t explain his numbers, but REALLY? Only $1 Trillion?)

Thursday, the Government Accounting Office released its review, “Opportunities Exist to Strengthen Policies and Processes for Managing Emergency Assistance” of the accounts of the Federal Reserve Bank’s books from December 2007 through July, 2011. (Some were credit lines never used, some were paid back. As far as I can tell from page 4, there’s $956 Billion still outstanding.  But I’m a doctor, not an accountant.)And some went to foreign-based subsidiaries of US institutions in Switzerland, France, Germany, Scotland, Britain, and Belgium.The GAO report, “Federal Reserve System: Opportunities Exist to Strengthen Policies and Processes for Managing Emergency Assistance, ” is here.

Why GAO Did This Study:
The Dodd-Frank Wall Street Reform and Consumer Protection Act directed GAO to conduct a one-time audit of the emergency loan programs and other assistance authorized by the Board of Governors of the Federal Reserve System (Federal Reserve Board) during the recent financial crisis. 

The GAO criticized the Fed’s reluctance to explain all of it’s reasoning about the emergencies. There’s also criticism about the way that Timothy Geithner, then-Chairman of the New York Federal Reserve Bank, gave waivers and allowed no-contract bids for entities hired to help arrange the Emergency loans. One of those waivers went to a man who had interest in AIG, and is now the President of the New York Federal Reserve Bank, replacing Geithner when the latter moved to DC to take over the Treasury Department.

(I’m thinking they were really scared and doing the best they could at the time.) (But, again, I’m a doctor, not an accountant.)

(That first table is an adaptation of the pdf from CNBC. The second is from the GAO report, page 40.)

An Open Letter to Republican Leaders

Conservative Republicans from my home town of New Braunfels and all over Texas have made it a point to tell me that they are frustrated with you. Even as you begin asking for our support in next year’s election, y’all don’t seem to remember who brought you to the dance, and that we are supposed to lead.

You may have heard our Conservative song at times; even going so far as to dance all around your own Bills in order to appear in step with us. But you still dance to a beat we don’t like far too often.

We worked so hard last year to send a Republican majority to Austin and Washington, only to have the people we elected seem to pay little attention to us and our Party Platform.

In Austin, it was a compromise on the Speaker and toll roads. In DC, we’re watching this political theater about the budget and the debt ceiling.  Why are Republicans, with a majority in the House and a clear mandate from the voters, still getting bogged down in “negotiation?”

And don’t tell us how hard it is to hammer Bills into Laws. This is your job, the one you volunteered for. It can’t be any harder than what we did to get you there in 2010, and what you’ll ask us to do in 2012.  And we did it on top of our regular duties, not as a paid, full-time job!

After all the time and money we  invested in your campaigns before the primaries, some of us spent  thirteen hours working the polls on Primary Day and rushed from there to attend our Precinct Conventions.  Delegates to our Precinct and County Conventions gave up hours on Primary night and on a Saturday later in the month. Before these meetings, we reviewed the old Party Platform and carefully crafted new resolutions. Then we defended them at our Precinct, County and State Conventions. Some of us served on Convention Committees at the County and State level, giving more time to sift through the Resolutions, put them in order and finally come up with a Platform that our Delegates approved at the State Convention.

I’m sorry if this seems like I’m giving you a hard time, and I’d rather be spending my time encouraging you than griping. But, still,  if we can do all that, why can’t y’all cut spending in DC?

Will this help the deficit: Texas drug cartel crackdown?

In the second nationwide attack on La Familia, dubbed Project Delirium, 1,985 people were arrested, and officials seized $62 million in cash, 2,773 pounds of methamphetamine, 2,722 kilograms of cocaine , 1,005 pounds of heroin, 14,818 pounds of marijuana and $3.8 million in other assets over 20 months, the DEA said.

via La Familia cartel crackdown yields 35 arrests in area.

POLL: VOTERS NOW BLAME OBAMA FOR ECONOMY at DickMorris.com

POLL: VOTERS NOW BLAME OBAMA FOR ECONOMY at DickMorris.com.

Including Independents, those under 35 years old, nearly half think Obama is making the economy worse.

According to a new FOX News survey (July 17-19, 2011), voters now believe that Obama’s economic policies are making things worse. While only 34% feel they are making things better, 49% believe his policies are making things worse.