In a white paper issued in March, the California Federation of Labor (CFL) called for reforms to "undo the damage" wrought by SB 899, a California GOP-sponsored workers' compensation "reform" bill that was touted by AP in April 2004 as “one of the biggest victories of [then Gov. Arnold Schwarzenegger's] new political career".

The celluloid action hero insisted the "reform" was necessary to curtail the spiraling costs of workers' compensation insurance for California employers.

As the CFL white paper correctly notes, the rationale behind Schwarzenegger's workers' compensation "reform" legislation was largely a scam. Like so many other investment schemes, the source of spiraling workers' compensation costs can be found in the 1993 deregulation of the insurance industry and a subsequent burst of a workers' compensation insurance investment bubble. Yet, Schwarzenegger refused to include limits on the rates insurance companies could charge employers as part of his "reform" package.

Despite an initial drop in the cost of workers' compensation insurance in California, costs have again climbed --- so much so that, according to a May 15 article that appeared in the Ventura County Star, "the Port of Hueneme is preparing to pay 120 percent more for workers' compensation insurance" in the coming year.

Contrary to the philandering actor-turned-Governor's claims that the savings would not be extracted from the backs of injured workers, SB 899 contained drastic reductions in benefits --- so drastic that, in a 2004 letter published by Los Angeles Times, after pointing out that I had represented litigants in workers' compensation proceedings since 1979 and was regarded by my peers as an exceptionally effective litigator, I warned California employees that if they were injured on the job, God help them because I was not sure I could.

Whatever efforts are now made to "undo the damage" wrought by SB 899, they will come too late for my client, Charles Romano. Thanks to the law's massive reduction in prohibitive penalties that could have been assessed for bad faith refusals to furnish vital, life-sustaining medical treatment --- the new penalties are a drop-in-the-bucket compared to what it had cost to keep him alive --- Charles is no longer with us...

On paper, Donald B. Verrilli, Jr., who was appointed by President Barack Obama to replace now Supreme Court Justice Elana Kagan as the U.S. Solicitor General, appears to be an experienced litigator with a distinguished background.

It is a background that includes having served as a law clerk for former U.S. Supreme Court Justice William Brennan, Jr. and having participated in over 100 cases before the U.S. Supreme Court. However, Verrilli's participation in Supreme Court oral arguments --- earlier with respect to the Affordable Care Act (ACA, or "ObamaCare") and, recently, in the challenge to Section 5 of the Voting Rights Act, as well as U.S. v. Windsor, with respect to the Defense of Marriage Act (DOMA) and in Hollingsworth v. Perry pertaining to California's Proposition 8 --- raises some disturbing questions.

Either Verrilli lacks the professional competence to assume primary responsibility for supervising and conducting litigation on behalf of the U.S. Government before the Supreme Court, or Verrilli, and the Obama administration, are so politically fearful of staking out principled positions that they have opted for a muddled middle ground. Perhaps it's a little of both.

Regardless, if the Windsor and Hollingsworth cases should establish a constitutional right of same-sex couples to marry, as urged by attorneys Ted Olson (R) and David Boies (D) in their Prop 8 Supreme Court brief [PDF], it will be despite the half-baked arguments presented by the Solicitor General, not because of them...

I'd strongly recommend that you read this piece by Jeff Spross, entitled "The Debt Everyone is Freaking Out About Does Not Exist", in full. It's a very smart and sober primer explaining...well, exactly what the headline says.

Yes, Washington D.C. and the corporate media which cover it, are spending a whole lot of time and resources playing into what amounts to a massive presentation of kabuki theater, and its not one that actually helps us with the addition of new jobs or economic growth in any real way whatsoever. Arguably, as Spross explains, it may well accomplish just the opposite.

It's difficult to select just the key passages from the piece, as mentioned, since it's chock full of smart analysis throughout. But, for those without the patience to read the whole thing, here are a few of the central thoughts that you should educate yourself about...

The Oct. 23, 2012 Third Party Presidential Debate between four candidates vying, along with President Obama and Mitt Romney, for the office of the U.S. Presidency, provided a rare, yet valuable glimpse at what a genuine, representative American democracy might look like. The worthy discussion, at the very least, should be read via text transcript, exclusively available here at The BRAD BLOG, for those who lack the time to watch the ninety minute video, embedded below.

Unlike Democracy Now's three expanded debates, which presented third party candidate responses to the questions posed at the three "official" Presidential debates and one Vice-Presidential debate sponsored by the so-called Commission on Presidential Debates, the Oct. 23 debate provided a forum that was not tethered to what co-moderator Christina Tobin of the Free and Equal Foundation, the organizers, described as "the private interests who control our beliefs, our opinions and our lives." Here, questions were neither posed directly by, nor filtered through corporate media-controlled moderators. Rather, they were presented, word-for-word, as submitted by citizens through social media.

With the single exception of the failure of Libertarian Candidate and former New Mexico Republican Governor Gary Johnson to say where he stood on "top-two" primaries (aka "Cajun primaries"), it was a debate in which all candidates left no room for doubt as to where they stood. It was a debate that included in-depth discussion on a wide variety of issues of vital importance, many of which were understandably evaded not only by the two major party Presidential candidates, but by the corporate media in the official debates, because those issues conflict with corporate wealth and power, including the wealth of the corporate-owned media.

It was a debate that began with Tobin's promise of future debates between "more candidates at every level of government" and ended with her surprise announcement of a final, foreign policy debate, next Tuesday, Oct. 30, commencing at 9:00 p.m. ET, broadcast via RT America, between two of the four candidates to be selected via an [ugh] online, instant run-off vote...

Democracy Now!'s "extended second debate" (see video below), featuring third-party candidate responses to questions from last week's "official" Presidential Debate at Hofstra University side-by-side with the two main party candidates, illustrates the malaise of an American electorate which senses a fundamental disconnect between the promise of "change we can believe in" offered up by one of two corporate sponsored candidates, even as political and economic inequality, outsourcing and war have expanded over the past four years.

Yet, the only other voice generally offered to the American electorate is the 21st century equivalent to a snake-oil salesman, whose entire work in the private sector, along with a brief stint as a governor, have been devoted to outsourcing, predatory capitalism and greater inequality. He is a candidate who not only seeks to retain the deficit-exploding Bush tax cuts, but wants to pile on with a $5 trillion pig-in-a-poke tax cut for the billionaire class. That tax-cut, coupled with a massive give-away to the military-industrial complex would, of necessity, reduce government to the point that it would be incapable of performing its constitutionally recognized core function of promoting the general welfare.

The comments made by Dr. Jill Stein, the Green Party Presidential candidate, at the time of her unsuccessful attempt to enter the second Presidential debate --- an attempt which resulted in her being arrested and cuffed to a chair for eight hours --- along with the substantive dialogue produced by Stein, Justice Party Presidential candidate Rocky Anderson, and Constitution Party Presidential candidate Virgil Goode, Jr., during Democracy Now's "extended second debate", underscore what Noam Chomsky referred to in Failed States as the "democracy deficit" --- the significant gap between the policy positions of the vast majority of American citizens and the political elites who supposedly represent them...

It seems it was a fitting end to a horrible week for the Romney/Ryan team. As MoveOn.org notes, the seniors at Paul Ryan's AARP speech today booed him "over and over again"...

"I understand that this is a Republican talking point because I've heard it repeated over and over again ... These numbers have been debunked, as you know... You can't just repeat it and make it true, sir."

I don't know what's gotten into CNN's Soledad O'Brien lately, but, to bastardize apocryphal Lincoln, can we send a whole case of it to the rest of the Beltway Press Corps?

We highlighted a similar moment from O'Brien in June, when she doggedly attempted to get an actual answer from a Senior Romney Adviser on whether the presumptive GOP nominee still supports Arizona's controversial "Papers Please" law. She refused to let it go --- like a real journalist or something.

Again today she went full "Newsroom" on Mitt Romney surrogate John Sununu, the Chair of his National Steering Committing, especially on his attempt to lie about Obama having "gutted Medicare"...

Watch:

Guest blogged by Ernest A. Canning

Ah, what more can you say about those "small government conservatives" as they once again attempt to place the big government they claim to despise between citizens and their doctors by taking away more rights and freedoms?

In Mississippi, the Jackson's Women's Health Organization --- which operates the only remaining clinic to offer abortion services in the entire Magnolia State --- filed a federal lawsuit seeking to block enforcement of a state law meant solely to shut them down and nullify the U.S. Supreme Court's ruling in Roe v. Wade.

The new law requires any physician who performs an abortion to be both a board-certified OB-GYN and have admitting privileges at a local hospital. According to MSNBC's James Eng, this would almost certainly force the clinic to shut down because most of their physicians "live out-of-state or because local hospitals are reluctant to grant such privileges to physicians who perform abortions." That closure would "lead some to consider unsafe and illegal alternatives that pose grave risks to [women's] health, lives, and reproductive future," according to Nancy Northrup of the Center for Reproductive Rights.

On July 2, Reuters reported that "U.S. District Court Judge Daniel Jordan issued a temporary restraining order," stating that "plaintiffs have offered evidence --- including quotes from significant legislative and executive officers --- that the act's purpose is to eliminate abortions in Mississippi." On Wednesday, in a hearing on the Jackson Women's Health Organization's motion for a preliminary injunction, Judge Jordan, who was nominated to the federal bench by George W. Bush, extended his TRO pending his ruling. So the clinic stays open for the moment.

Meanwhile, Republicans in the Michigan legislature silenced a female colleague, Rep. Lisa Brown (D), when she responded to their anti-women's reproductive rights measure last month by stating: "And, finally, Mr. Speaker, I’m flattered that you’re all so interested in my vagina, but 'no' means 'no'."

At least in that instance, the GOP "War on Women" produced an hilarious segment on the Daily Show with Jon Stewart entitled "The Vagina Ideologues". If you missed it a few weeks ago, have a look...

Clearly, those "Turks" are just trying to steal her away from us!

Once again, the delightful Desi Doyen, co-host and managing editor of The BRAD BLOG's Green News Report was sitting in to guest host on The Young Turks yesterday along with longtime TYTer, Ana Kasparian.

They were both joined in the first hour, devoted to yesterday's stunning Supreme Court health care ruling, by Current TV's Jacki Schechner (an expert in health care legislation issues). The second hour, it was just Desi and Ana.

(By the way, Des will once again be sitting in today, Friday, co-hosting along with TYT top dog Cenk Uygur during the 4p-5p ET / 1p-2p PT hour. I'll try to remember to post the LIVE FEED here at The BRAD BLOG, but either way you can watch the full hour live at TheYoungTurks.com.)

A bunch of highlights from yesterday's two hours, on a bunch of topics covered --- from the health care ruling, to the RW push to close the last abortion clinic in Mississippi, to eating bugs to save the world, to new news on the Miami 'zombie' who tried to eat a guy's face --- all follow below. Enjoy!...

Guest blogged by Ernest A. Canning

In case you were watching the misreporting by CNN and Fox "News", it was a win for the Obama Administration and a crushing defeat to the Republican opponents of health care insurance reform in this nation. It's that simple.

With the exception of that portion of the Act which permitted the federal government to punish states by cutting off the entirety of their federal Medicaid funds if they declined to expand state Medicaid services from limited categories of individuals to all individuals with incomes below 133% of the poverty level, the U.S. Supreme Court, by its 5-4 decision in National Federation of Independent Business v Sebelius [PDF], upheld all provisions of the Affordable Care Act of 2010 [ACA] against the constitutional challenges that had originally been filed in U.S. District Court by FL, 12 other states and business organizations...

Guest blogged by Ernest A. Canning

Recently, The BRAD BLOG criticized the undemocratic features of the new "Top Two" open primary system (aka the "Cajun Primary") in California. The new system, approved via a ballot initiative in 2010, changes the state's primary to system to allow a single, open primary in which the two candidates who receive the highest numbers of votes, go on to face each other in the November general election even if the combined totals of the 'Top Two' do not amount to a majority of votes cast in the primary.

In our critique, we cited the race for the newly created CA-26 Congressional seat where, despite a Democratic Party voter registration advantage, come November, voters may be forced to choose between a 'Tea Party' Republican and a stealth Republican who changed her party registration to independent just days prior to the candidate filing deadline because the two are matched against four Democrats on the June 5 "Top Two" primary ballot.

Our analysis drew criticism in comments from some right-leaning readers claiming our critique was simply a case of sour grapes by a progressive author. But, the state's upcoming U.S. Senate race reveals that the undemocratic potential of the 'Cajun Primary' cuts both ways; that there is a distinct possibility that all Californians, come November, will be forced to choose between the incumbent corporate Democratic Sen. Diane Feinstein, and the Occupy Wall Street-connected, computer scientist David Levitt (see video below), who is also a Democrat...

[Hat-tip @PoliticoRoger on the Twitters.]

I don't necessarily care for the Affordable Care Act (ACA or "ObamaCare"), any more than any other non-disinformed, non-wingnut. Neither am I enough of a Constitutional expert to argue for or against its Constitutionality, which is currently being argued in front of the U.S. Supreme Court.

But over the last several days, on Twitter, I've been asking to hear from folks who have been negatively affected by "ObamaCare" personally, in any way whatsoever. Given the fits and tortured distortions and twisted outrages that Republicans have been pretending to throw over the law, and its individual mandate requiring those who do not already have health insurance to buy some, I'm sure there must be many personal horror stories to relate, right?

I've got a lot of wingnuts and Breitbots who follow me on the Twitters, and they are usually all too happy to take whatever shots they can at me or Obama or anything else they can imagineer, even if they have to make shit up to do it. But, in this case, not a one of 'em was able to point to a single instance of being negatively affected personally by "ObamaCare" in any way. Go figure.

There is, of course, a reason for that...

Guest blogged by Ernest A. Canning

Democrats clearly feel they've got a potent campaign year issue in fighting back against what they've described, justifiably, as the "Republican Party's War on Women." In a fundraising email from Sen. Barbara Boxer's "PAC for a Change," the California Democrat writes:

The email includes a link to a music video meant to support her WinWithWomen2012.com campaign. The webpage for the campaign, described as "a Project of Barbara Boxer's PAC for Change," asks supporters to "Elect the most women Senate candidates in history," and highlights 11 different female Democratic U.S. Senate candidates who are set to be on this year's ballot.

The video, obviously, speaks for itself...

Guest blogged by Ernest A. Canning

"When you let university administrators or other employers rather than women and their doctors dictate whose medical needs are legitimate and whose are not, a woman’s health takes a back seat to a bureaucracy focused on policing her body." - Georgetown Univ. Law Student, Sandra Fluke

One unfortunate aspect of the firestorm surrounding Rush Limbaugh's profoundly uninformed, deceptive and misogynistic vitriol and calls for accountability for the Rightwing radio blowhard, is that it has completely overshadowed the substance of Fluke's testimony on the importance of access to prescription contraceptives to women's health.

The Limbaugh firestorm has also overshadowed the fact that the American Taliban (aka the elected Tea Party House Republicans) prevented Fluke from testifying at a House Oversight Committee hearing, framed by the Republican majority as a hearing on "religious freedom", because, as the Washington Post described, "she was not a member of the clergy."

Indeed, while much is made of the fact that the first panel at the 2/16/12 House Oversight Committee examining an issue vital to women's health was all-male, few have taken note that it was also all-clergy. In opening the hearing, Committee Chairman Darrell Issa (R-CA) announced: "Today, the committee will hear testimony from leaders of different faiths."

Not only did the right-wing GOP House leaders fail to so much as recognize Fluke's right to be heard, but, according to Minority Leader Nancy Pelosi (D-CA) (see video embedded in above-linked Washington Post article), they also refused to permit House Democrats to use the House Recording Studio as part of an effort to try and prevent the public from seeing and hearing Fluke's testimony at all. Instead, Pelosi and the Democrats of the Democratic Steering Committee were forced to hold a separate, unofficial "forum", in order to hear Fluke's testimony.

The video of Fluke's opening statement, the testimony that Republicans sought to prevent from being heard at all, is now posted below.

But it is the larger, arguably more disturbing constitutional ramifications of the actions of House Republicans that we'd like to take a moment to highlight on, as they have been almost entirely overlooked in this unnecessary brouhaha...