Archive for September 29th, 2011

by problembear

i’ve been saying this for quite awhile. it looks like brian schweitzer has finally figured it out…….. if montana provided businesses with an alternative to private health insurers,  our small and large businesses tired of being gouged by parasites could free up much needed capital to provide workers with plenty of new jobs.

of course, it is all just discussion at this point. but it is a discussion long overdue and very welcome news to all of us who are tired of paying blood-sucking private insurers who keep jacking up their rates while providing fewer and fewer benefits.

it is just refreshing to finally hear from a montana politician who is not in the pocket of big pharma and the health insurance conglomerates in this country……

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By JC

In an La Times op-ed, “Obama: A disaster for civil liberties” civil libertarian and constitutional law expert Jonathan Turley laid bare President Obama’s record.

In the post-Bush era, many dem and civil libertarian hopes have been dashed thinking that Obama would usher in a change to the draconian policies that have been implemented or escalated under the guise of a “war on terror.” In many ways, Turley’s piece has given the phrase “the terrorists have won” another layer of legitimacy.

Here is an excerpt. Go read the full article, it’s well worth it. And then get to work fighting for civil liberties and civil rights.

…Civil libertarians have long had a dysfunctional relationship with the Democratic Party, which treats them as a captive voting bloc with nowhere else to turn in elections. Not even this history, however, prepared civil libertarians for Obama. After the George W. Bush years, they were ready to fight to regain ground lost after Sept. 11. Historically, this country has tended to correct periods of heightened police powers with a pendulum swing back toward greater individual rights. Many were questioning the extreme measures taken by the Bush administration, especially after the disclosure of abuses and illegalities. Candidate Obama capitalized on this swing and portrayed himself as the champion of civil liberties.

However, President Obama not only retained the controversial Bush policies, he expanded on them. The earliest, and most startling, move came quickly. Soon after his election, various military and political figures reported that Obama reportedly promised Bush officials in private that no one would be investigated or prosecuted for torture. In his first year, Obama made good on that promise, announcing that no CIA employee would be prosecuted for torture. Later, his administration refused to prosecute any of the Bush officials responsible for ordering or justifying the program and embraced the “just following orders” defense for other officials, the very defense rejected by the United States at the Nuremberg trials after World War II.

Obama failed to close Guantanamo Bay as promised. He continued warrantless surveillance and military tribunals that denied defendants basic rights. He asserted the right to kill U.S. citizens he views as terrorists. His administration has fought to block dozens of public-interest lawsuits challenging privacy violations and presidential abuses.

But perhaps the biggest blow to civil liberties is what he has done to the movement itself. It has quieted to a whisper, muted by the power of Obama’s personality and his symbolic importance as the first black president as well as the liberal who replaced Bush… [read whole article].

by Pete Talbot

So utility companies can claim eminent domain over private property but citizens (i.e.: our local government) can’t claim eminent domain over utilities.

I’m talking about our water.  The stuff we drink, cook with, bath in and use to water our gardens.

This is a screwy deal.  Missoula’s privately-owned Mountain Water Company can sell our resource — the aquifer that sits beneath us and the streams that flow from our mountains — to a multi-billion dollar private equity firm.

Meanwhile, our vaunted state legislature passes a bill that allows utility companies to exert eminent domain on private property owners so these corporations can build pipe and power lines anywhere they please.

Our legislature didn’t see fit to grant these same powers to citizens so they could control their own resource destiny.

I know it’s more complicated than that.  A city can invoke eminent domain but it costs many thousands of dollars, takes years and the outcome is uncertain.  From the Missoulian:

It took the town of Felton, Calif., population 6,000, five years to gain public ownership of its water. Felton’s water had always been privately owned, bouncing from company to company. The final straw came when owner American Water requested a huge rate increase.

So the City, with assistance from the Clark Fork Coalition, has entered into negotiations to have the right of first refusal if and when the Carlyle Group sells.  I call this a fallback position.  I applaud the coalition’s and the city’s efforts, but it seems so after-the-fact because the sale to the city hinges on the “if and when,” and, of course, what sort of mark up Carlyle will want in the sale.  Carlyle isn’t known for its philanthropy.

Now the Montana Public Service Commission has a role in all this but it’s not clear how many legal teeth the PSC has for mitigating the sale — what sort of caveats in can impose — or could it, indeed, stop the sale (which is doubtful).

The Missoulian is doing a good job giving us background and following the story.  Start here and also take a look at the related stories.  I’m waiting for that hard-hitting editorial demanding public ownership of our water, though.

In the meantime, be thankful that air isn’t for sale.  If so, the Carlyle Group would be buying it up and under current statutes, there’d be little we could do about it.

It’s enough to make a mellow guy like me into a radical.





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