Saturday, May 24, 2014
Majority of judges behind wave of gay marriage rulings were Democrat-appointed
State-approved bans on same-sex marriage have been falling at a rapid clip since the Supreme Court struck down part of the Defense of Marriage Act last year.
The changes -- gay couples can now wed in 19 states and the District of Columbia -- reflect shifting social and political attitudes toward same-sex marriage. But they also reflect, in several cases, the opinions of Democrat-appointed judges who single-handedly struck down state-approved bans.
In a testament to the influence of judicial appointments, most of the judges responsible for the decisions over the past year were appointed by either President Obama or, two decades ago, Bill Clinton.
Among the justices to recently effect a major state change was U.S. District Judge Michael McShane in Oregon.
He threw out the state's voter-approved gay marriage ban on Monday.
McShane was nominated by Obama in January 2013 and was confirmed several months later. He was in a position to effectively enact gay marriage from the bench, as state officials earlier refused to defend Oregon's ban and said they wouldn't appeal.
The National Organization for Marriage sought to intervene, but both McShane and a federal appeals court rejected its attempts to argue in favor of the ban.
The next day, U.S. District Judge John E. Jones III overturned a 1996 Pennsylvania law barring recognition of gay marriage, calling it unconstitutional.
The National Organization for Marriage protested again, calling the ruling an "end-run around the democratic process" that "places the capricious will of one man above the desires of millions of citizens."
But Pennsylvania Gov. Tom Corbett, a Republican, on Wednesday decided to end his court fight because "the case is extremely unlikely to succeed on appeal." The governor's decision means that same-sex marriage will remain legal in Pennsylvania, without the threat that a higher court will reinstate the ban.
In Pennsylvania's case, the judge who threw out the ban was appointed by Republican President George W. Bush.
Only one other judge -- of the eight who have ruled against gay marriage bans since the DOMA decision -- is Republican-appointed. The other is Bernard Friedman, a U.S. District Court judge in Michigan who struck down that state's gay marriage ban in March, though the decision is being appealed. Friedman was appointed by Ronald Reagan.
Three of the judges -- in Oregon, Virginia and Utah -- were appointed by Obama in the last few years. Two were appointed by Clinton. One, in Idaho, was appointed by regional judges.
Several of these cases are still being litigated. In 29 states, judges are being asked whether gays should have the right to marry.
Advocates see a clear trend where gay marriage will increasingly be legalized.
After the Pennsylvania decision, National Gay and Lesbian Task Force Director Rea Carey said: "The momentum for same-sex marriage across the entire nation is unstoppable."
But opposition in some places remains strong. A spokesman for Montana Attorney General Tim Fox said he will vigorously defend the state's constitutional ban against the lawsuit brought by four gay couples.
In Utah, Gov. Gary Herbert said at a news conference Thursday he also is committed to defending his state's ban, and he blasted decisions against doing so by leaders in other states.
"For elected officials, governors or attorney generals, to pick and choose what laws (they) will enforce I think is a tragedy, and is the next step to anarchy," Herbert said. "We have an obligation as a state to defend those laws."
The Associated Press contributed to this report.
'Why didn't they prepare?' Hundreds of VA vacancies, as returning vets strain system
WASHINGTON – Despite rampant allegations of veterans stuck in limbo waiting for care, hundreds of jobs remain unfilled at the Department of Veterans Affairs -- including at some of the very locations where doctors supposedly were too short-staffed to see patients.
A search by FoxNews.com on Friday of the USA Jobs federal employment website showed more than 1,080 current vacancies in health-related fields at the VA.
A search of the words “VA” and “physician” yielded 167 jobs openings with top-range salaries of roughly $295,000 a year. There are 18 openings alone in the Phoenix VA Health Care System – the same one facing allegations that up to 40 people died while waiting for treatment.
One full-time position is for the chief of medicine. The vacancy, posted April 15 and open until June 13, comes with an annual salary up to $235,000.
The VA pitches the job as a don't-miss opportunity. The ad boasts that “as a VA physician, your opportunities are endless” -- the agency offers "generous paid time off and a variety of predictable and flexible scheduling opportunities.”
So why the vacancies, at such a critical time?
In recent weeks, whistleblowers have come forward to criticize how the agency is handling its massive caseload. The allegations generally accuse local VA facilities of pushing off patients and then manipulating their own records to make it seem like they’re receiving care in a timely fashion.
Officials, in explaining the overburdened system, have pointed to the influx of veterans from the wars in Afghanistan and Iraq, as well as the long-term care of aging vets from Vietnam.
“We go into Afghanistan, leave Afghanistan for Iraq with unfinished business in Afghanistan,” House Speaker Nancy Pelosi said Thursday, suggesting these problems were years in the making. “Ten years later, we have all of these additional veterans -- in the past five years, two million more veterans needing benefits from the VA. That's a huge, huge increase.”
But the hundreds of vacancies show that the VA, with the influx of veterans a well-known factor, is not even operating at full capacity now.
Pete Hegseth, CEO of Concerned Veterans for America, questioned why the department didn't better prepare for the returning veterans by staffing up.
“These are self-inflicted wounds. This isn’t a money issue. This is a prioritization issue,” he said. "They knew there were going to be more veterans who needed care. Why didn't they prepare?"
Hegseth, a Fox News contributor, said he’s not surprised that lawmakers are trying to shift the blame. “It’s cover your ass time,” he said.
The inspector general at the VA says 26 facilities are now being investigated nationwide, including the one in Phoenix.
Some have accused administrators of cooking the books and creating an environment that encouraged VA staff to manipulate wait times of veterans who need medical or mental health care. Others, though, have called the scandal political theater and say for the most part, the VA medical system works.
In a letter to veterans Friday, VA Secretary Eric Shinseki vowed to do better and promised to investigate every allegation brought to the department’s attention.
“As we approach our observance of Memorial Day and its special significance to our nation, VA is re-doubling its efforts, with integrity and compassion, to earn your trust,” he wrote.
On Wednesday, President Obama broke his silence on the issue, vowing to “fix whatever is wrong” but stopping short of calling for Shinseki’s resignation.
As the scandal plays out in D.C., the VA continues its march to fill the hundreds of vacancies for health care officials at its clinics and hospitals across the country.
Among those is also a position in Kansas City, Mo., for a full-time radiologist, with a pay range of $98,967 to $295,000.
There are also openings at the VA teaching hospital in Danville, Ill., for urologists, pulmonologists and dental laboratory technicians. The facility also has an opening for an outpatient pharmacist, tasked with dispensing “appropriate medications and counseling patients on proper medication administration and storage.” The salary range is between $101,580 and $123,776.
Calls to the VA for comment were not returned.
Allen West: Obama administration's response to jailed Marine's plight 'very embarrassing'
Former Florida congressman Allen West told Fox News’ Andrea Tantaros Friday the Obama administration's reaction to the plight of the Marine jailed in Mexico on gun charges is “very embarrassing."
Sgt. Andrew Tahmooressi, who grew up in Southern Florida, was arrested March 31 after he says inadvertently crossed into Mexico with weapons in his truck.
West noted that Secretary of State Kerry was in Mexico this week, but did not demand the Mexican government release Tahmooressi.
“So right now what we have are these very neutered, pajama boy leaders, faux leaders in Obama and in Kerry and it’s very embarrassing,” West said. “It is a sad state of affairs that a Marine is being detained, a combat veteran, who could possibly be suffering from PTSD, who is guilty of nothing.”
West also said he believes the Mexican government is attempting to make money from holding the Marine.
“It’s extortion,” he said, later adding, “this is absolutely heinous, it is appalling and it’s unconscionable.”
Friday, May 23, 2014
Judge allows long-time Dem Rep. Conyers on primary ballot
A federal judge put Michigan Rep. John Conyers, one of the longest-serving Democrats in Congress, on the primary ballot Friday hours after state election officials declared him ineligible.
Earlier Friday, Conyers lost his appeal to get on the August primary ballot after state officials found problems with his nominating petitions.
But hours later, Detroit federal Judge Matthew Leitman issued an injunction ordering that Conyers' name be placed on the ballot.
Conyers needed 1,000 petition signatures to get a spot in the Democratic primary. But many petitions were thrown out because the people who gathered names weren't registered voters or listed a wrong registration address. That left him more than 400 short.
But Leitman's injunction said a Michigan law that puts strict requirements on petition circulators is similar to an Ohio law that was struck down as unconstitutional by a federal appeals court in 2008.
Leitman said the free speech rights of Conyers and the circulators were harmed, an argument pressed by the American Civil Liberties Union of Michigan.
There's evidence that the failure to comply with the law was a "result of good-faith mistakes and that (circulators) believed they were in compliance with the statute," the judge said.
Conyers, 85, told WXYZ-TV,"I'm trying not to smile openly much but this is very good news, and it's also good news for the process."
The first decision, from the Secretary of State's office, determined that Detroit-area officials were correct in keeping Conyers off the ballot, since he "failed to submit" a minimum of 1,000 signatures to qualify.
Wayne County officials had said there were problems with some people who collected signatures -- the circulators weren't registered to vote or had listed a wrong registration address.
Under Michigan law, that can spoil petitions.
Killing Conyers' career in such a way would be "pretty outrageous," his lawyer, John Pirich, said this week.
But an attorney for a Democratic challenger, the Rev. Horace Sheffield III, said Conyers for decades had no problem following the law.
"In essence, they played the game, lost and then complained that the rules were unfair," Eric Doster said, quoting a Virginia judge.
Conyers has spent 50 years in Congress and is the second most-senior member of the House, only to Rep. John Dingell, D-Mich., who is already retiring.
Issa: White House warned YouTube over anti-Islam video during Benghazi attack
Republican Rep. Darrell Issa claimed that an email he’s reviewed shows the White House decided to reach out to YouTube within hours of the Benghazi terror attack, to warn the website about the consequences of posting an anti-Islam video.
The email would suggest the White House was connecting the attack to the video almost from the outset -- though their initial claim that the attack sprung out of protests over the film would later be proven false.
According to Issa, who discussed excerpts from the otherwise classified emails on Wednesday, the email was sent at 9:11 p.m. ET on Sept. 11 to the Diplomatic Security Command Center.
According to Issa, the email said: “White House is reaching out to UTube to advise ramifications of the posting of the Pastor Jon Video.”
Issa said this email is “troubling” because it “contradicts” White House claims that the faulty storyline on the video was drawn from the intelligence community’s talking points.
The congressman also said “the email shows the White House had hurried to settle on a false narrative -- one at odds with the conclusions reached by those on the ground -- before Americans were even out of harm’s way or the intelligence community had made an impartial examination of available evidence.”
Issa, who wants the administration to declassify the email, discussed its contents as a House select committee prepares to launch its investigation into the 2012 Benghazi attacks and their aftermath. Ahead of that committee’s work, Issa has subpoenaed Secretary of State John Kerry to appear before his House Oversight and Government Reform Committee next week.
Issa has questions about this email, as well as a previously released email showing the White House held a “prep call” after the attack with then-U.N. ambassador Susan Rice in which it pushed the video storyline. The White House has claimed that call pertained to protests elsewhere in the region.
Rep. Elijah Cummings, D-Md., Issa’s Democratic counterpart on the oversight committee and a newly chosen member of the select committee, blasted Issa for discussing the YouTube-related email.
“This latest document leak makes the strongest case yet for Democrats seeking procedures to protect against these kinds of abuses,” he said in a statement. “In what has become an irresponsible pattern, Chairman Issa unilaterally released a cherry-picked document excerpt – claiming it means one thing when in fact it means the opposite.”
A White House official also told ABC News that the email only “proves” what the administration has said – that they were concerned about the video given the protests in the region.
Whistleblower says crimes covered up at Miami VA hospital
A VA police officer says administrators at the hospital in Miami where he works are covering up crimes occurring at the facility, including evidence of physical abuse of patients and drug dealing.
Thomas Fiore, who still works at the facility, told Fox News’ Eric Bolling on “Hannity” that drug dealing among patients at the hospital is a “regular occurrence,” and he felt he had to come forward because attempts he made to investigate or report wrongdoing fell on deaf ears.
"I actually prepared a written plan, if you will, pertaining to an undercover operation so that we can at least identify who our targets are for the drug sales," he said. "And I presented that in an email and I'm still waiting on a response. I submitted it about two years ago."
Fiore earlier told the Miami Herald that the breaking point for him was a March 2013 report on the facility’s residential drug rehab program, which charged the program failed to adequately monitor patients or stop illicit drug use.
The report highlighted Nicholas Todd Cutter, a 27-year-old Iraq war veteran who overdosed on drugs shortly before he was set to graduate the program. Fiore told the Herald Cutter’s death “could have been prevented.”
"There are just so many things that have occurred that are just an absolute disgrace," he said.
Fiore told the newspaper that when he tried to report drug dealing among patients, patient abuse or missing drugs from the pharmacy he was either ignored or his attempts to investigate the incidents were thwarted.
“I was told that the police reports were to stop,’’ he said, “and they would notify me if something important came up.’’
Fiore told the Herald he was eventually reassigned to a clerical position.
“I was reassigned because I continued to bring things up to the director, and he continued to ignore it,’’ he said. “They just needed to get rid of me.”
Miami VA Healthcare System spokesman Shane Suzuki told the Herald Fiore’s claims have no evidence to back them up.
“Miami VA leadership has every intent of holding employees who mistreat our veterans accountable for their actions,’’ Suzuki said in a written statement. “We will fully investigate any allegations that we do anything less than treat our veterans with the respect and honor they have earned.’’
The allegations in Miami are only one example of a storm of controversies plaguing the VA.
The Department of Veterans Affairs Inspector General's Office said Tuesday that 26 facilities are now being investigated nationwide over allegations of manipulated waiting times and other issues.
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