Friday, May 31, 2013

Hermaphrodite is the only other option. Otherwise we're dealing with PC madness


Recognition for Australians who identify as neither sex

Australian judges have ruled that people do not have to be registered as a man or a woman on the register of births, deaths and marriages.
The New South Wales Court of Appeal overturned an earlier decision that a person's sex could not be listed as "non-specific" under Australian law.
The appeal was brought by a 50-year-old activist from Sydney called Norrie, who identifies as being gender neutral.
The court ruled that sex does not bear a binary meaning of "male" or "female".
Its decision has implications for people who have undergone gender reassignment surgery, as well as those who are "intersex" - having characteristics of both sexes - or consider themselves gender neutral.
Norrie, who uses only a first name, argued that while it was accepted that most people would be explicitly male or female, the law should also cover those who were neither.
In their judgement, the Court of Appeal panel ruled that Norrie's case should go back to the Administrative Decisions Tribunal of New South Wales, which had said that a person's sex could be listed as only male or female.
Hugh de Kretser of the Human Rights Law Centre said the court's decision would be ''persuasive'' in legal disputes in other states.
"Agencies, non-government organisations will be looking to apply this more broadly than just in NSW," he told The Age newspaper.

So crazy uncle Joe Biden was wrong or will he come to this man's defense?


Military Vet Faces Charges For Firing Warning Shot At Suspect Trying To Break Into Home


MEDFORD, Ore. (CBS Seattle) — A military veteran is facing criminal charges after firing a warning shot at a suspect trying to break into his house.
KDRV-TV reports that 36-year-old Corey Thompson fired a warning shot from his AR-15 rifle at 40-year-old Jonathon Kinsella after he tried to break into Thompson’s house through the back door.
“When I’m dealt with a stressful situation, being a veteran from Iraq and the Afghanistan war, it’s natural. I just jump into combat mode. I told him I’m going to give you a warning shot,” Thompson told KDRV.
Medford authorities, who were already on the scene after receiving a disturbance call, arrested Kinsella after seeing him running out into the parking lot following the gunshot. Police, though, say Thompson was in the wrong for firing his weapon.
“There was nothing that the suspect was doing that was aggressive enough to justify the shooting,” Lt. Mike Budreau told KDRV. “In fact, the suspect was walking away.”
Thompson explains he was not shooting directly at the suspect, just at the ground.
“I can see where they’re coming from, with those kinds of ordinances and stuff. I understand, yes, I did discharge my weapon, but I was careful not to fire it at anybody’s residence,” Thompson said. “It was at the ground specifically.”
Thompson has been charged with unlawful use of a weapon and menacing and reckless endangering and had his rifle confiscated. He will get his rife back if a judge finds him not guilty of the charges.

Good for Sheriff Joe


Recall effort against Arizona's Sheriff Joe Arpaio fails

Constitution


Judge orders Google to comply with FBI's secret NSL demands

A federal judge tells the company to comply with the FBI's warrantless National Security Letter requests for user details, despite ongoing concerns about their constitutionality.
A federal judge has ruled that Google must comply with the FBI's warrantless requests for confidential user data, despite the search company's arguments that the secret demands are illegal.
CNET has learned that U.S. District Judge Susan Illston in San Francisco rejected Google'srequest to modify or throw out 19 so-called National Security Letters, a warrantless electronic data-gathering technique used by the FBI that does not need a judge's approval. Her ruling came after a pair of top FBI officials, including an assistant director, submitted classified affidavits.
The litigation taking place behind closed doors in Illston's courtroom -- a closed-to-the-public hearing was held on May 10 -- could set new ground rules curbing the FBI's warrantless access to information that Internet and other companies hold on behalf of their users. The FBIissued 192,499 of the demands from 2003 to 2006, and 97 percent of NSLs include a mandatory gag order.
It wasn't a complete win for the Justice Department, however: Illston all but invited Google to try again, stressing that the company has only raised broad arguments, not ones "specific to the 19 NSLs at issue." She also reserved judgment on two of the 19 NSLs, saying she wanted the government to "provide further information" prior to making a decision.
NSLs are controversial because they allow FBI officials to send secret requests to Web and telecommunications companies requesting "name, address, length of service," and other account information about users as long as it's relevant to a national security investigation. No court approval is required, and disclosing the existence of the FBI's secret requests is not permitted.
Because of the extreme secrecy requirements, documents in the San Francisco case remain almost entirely under seal. Even Google's identity is redacted from Illston's four-page opinion, which was dated May 20 and remained undisclosed until now. But, citing initial filings, Bloomberg disclosed last month that it was Google that had initiated the legal challenge.
While the FBI's authority to levy NSL demands predates the Patriot Act, it was that controversial 2001 law that dramatically expanded NSLs by broadening their use beyond espionage-related investigations. The Patriot Act also authorized FBI officials across the country, instead of only in Washington, D.C., to send NSLs.
EFF's separate challenge
Illston, who is stepping down from her post in July, said another reason for her decision is her desire not to interfere while the Ninth Circuit Court of Appeals is reviewing the constitutionality of NSLs in an unrelated case that she also oversaw.
In that separate lawsuit brought by the Electronic Frontier Foundation on behalf of an unnamed telecommunications company, Illston dealt a harsh blow to the bureau's use of NSLs.
EFF had challenged the constitutionality of the portion of federal law that imposes nondisclosure requirements and limits judicial review of NSLs. Illston ruled that the NSL requirements "violate the First Amendment and separation of powers principles" and barred the FBI from invoking that language "in this or any other case." But she gave the Obama administration 90 days to appeal to the Ninth Circuit, which it did on May 6.
Neither the FBI nor Google responded to requests for comment. (In March, Google beganpublishing summary statistics about NSLs it received, making it the first major Internet company to do so.)
These aren't the first cases to tackle whether NSLs, including gag orders, are constitutional or not. In a 2008 ruling (PDF), the Second Circuit Court of Appeals handed down a mixed decision.
A three-judge panel of the Second Circuit took an odd approach: the judges agreed that the "challenged statutes do not comply with the First Amendment" but went on to rewrite the statute on their own to make it more constitutional. They drafted new requirements, including that FBI officials may levy a gag order only when they claim an "enumerated harm" to an investigation related to international terrorism or intelligence will result.
Illston's decision in the Google NSL case said that the FBI had submitted "classified" evidence "intended to demonstrate that the 19 NSLs were issued in full compliance with the procedural and substantive requirements imposed by the Second Circuit."
That includes classified declarations submitted by Stephanie Douglas, executive assistant director of the FBI's national security branch, and Robert Anderson, assistant director of the counterintelligence division at FBI headquarters.
A 2007 report by the Justice Department's inspector general found "serious misuse" of NSLs, and FBI director Robert Mueller pledged stricter internal controls. Mueller has also called the investigative technique invaluable.

From personal experience I can attest that it has already begun to raise the rates here dramatically.


Rate Shock: In California, Obamacare To Increase Individual Health Insurance Premiums By 64-146%


One of the most serious flaws with Obamacare is that its blizzard of regulations and mandates drives up the cost of insurance for people who buy it on their own. This problem will be especially acute when the law’s main provisions kick in on January 1, 2014, leading many to worry about health insurance “rate shock.”
Last week, the state of California claimed that its version of Obamacare’s health insurance exchange would actually reduce premiums. “These rates are way below the worst-case gloom-and-doom scenarios we have heard,” boasted Peter Lee, executive director of the California exchange.
But the data that Lee released tells a different story: Obamacare, in fact, will increase individual-market premiums in California by as much as 146 percent.
Lee’s claims that there won’t be rate shock in California were repeated uncritically in some quarters. “Despite the political naysayers,” writes myForbes colleague Rick Ungar, “the healthcare exchange concept appears to be working very well indeed in states like California.” A bit more analysis would have prevented Rick from falling for California’s sleight-of-hand.
Here’s what happened. Last week, Covered California—the name for the state’s Obamacare-compatible insurance exchange—released the rates that Californians will have to pay to enroll in the exchange.
“The rates submitted to Covered California for the 2014 individual market,” the state said in a press release, “ranged from two percent above to 29 percent below the 2013 average premium for small employer plans in California’s most populous regions.”
That’s the sentence that led to all of the triumphant commentary from the left. “This is a home run for consumers in every region of California,” exulted Peter Lee.
Except that Lee was making a misleading comparison. He was comparing apples—the plans that Californians buy today for themselves in a robust individual market—and oranges—the highly regulated plans that small employers purchase for their workers as a group. The difference is critical.
Obamacare to double individual-market premiums
If you’re a 25 year old male non-smoker, buying insurance for yourself, the cheapest plan on Obamacare’s exchanges is the catastrophic plan, which costs an average of $184 a month. (That’s the median monthly premium across California’s 19 insurance rating regions.)
The next cheapest plan, the “bronze” comprehensive plan, costs $205 a month. But in 2013, oneHealthInsurance.com (NASDAQ:EHTH), the average cost of the five cheapest plans was only $92.
In other words, for the average 25-year-old male non-smoking Californian, Obamacare will drive premiums up by between 100 and 123 percent.
Under Obamacare, only people under the age of 30 can participate in the slightly cheaper catastrophic plan. So if you’re 40, your cheapest option is the bronze plan. In California, the median price of a bronze plan for a 40-year-old male non-smoker will be $261.
But on eHealthInsurance, the average cost of the five cheapest plans was $121. That is, Obamacare will increase individual-market premiums by an average of 116 percent.
For both 25-year-olds and 40-year-olds, then, Californians under Obamacare who buy insurance for themselves will see their insurance premiums double.
Impact highest in Bay Area, Orange County, and San Diego
In the map below, I illustrate the regional variations in Obamacare’s rate hikes. For each of the state’s 19 insurance regions, I compared the median price of the bronze plans offered on the exchange to the median price of the five cheapest plans on eHealthInsurance.com for the most populous zip code in that region. (eHealth offers more than 50 plans in the typical California zip code; focusing on the five cheapest is the fairest comparator to the exchanges, which typically offered three to six plans in each insurance rating region.)
As you can see, Obamacare’s impact on 40-year-olds is steepest in the San Francisco Bay area, especially in the counties north of San Francisco, like Marin, Napa, and Sonoma. Also hard-hit are Orange and San Diego counties.
According to Covered California, 13 carriers are participating in the state’s exchange, including Anthem Blue Cross (NYSE:WLP), Health Net (NYSE:HNT), Molina (NYSE:MOH), and Kaiser Permanente. So far, UnitedHealthCare (NYSE:UNH) and Aetna (NYSE:AET) have stayed out.
Spinning a public-relations disaster
It’s great that Covered California released this early the rates that insurers plan to charge on the exchange, as it gives us an early window into how the exchanges will work in a state that has an unusually competitive and inexpensive individual market for health insurance. But that’s the irony. The full rate report is subtitled “Making the Individual Market in California Affordable.” But Obamacare has actually doubled individual-market premiums in the Golden State.
How did Lee and his colleagues explain the sleight-of-hand they used to make it seem like they were bringing prices down, instead of up? “It is difficult to make a direct comparison of these rates to existing premiums in the commercial individual market,” Covered California explained in last week’s press release, “because in 2014, there will be new standard benefit designs under the Affordable Care Act.” That’s a polite way of saying that Obamacare’s mandates and regulations will drive up the cost of premiums in the individual market for health insurance.
But rather than acknowledge that truth, the agency decided to ignore it completely, instead comparing Obamacare-based insurance to a completely different type of insurance product, that bears no relevance to the actual costs that actual Californians face when they shop for coverage today. Peter Lee calls it a “home run.” It’s more like hitting into a triple play.
Obama attacked insurers in 2010 for much smaller increases
That Obamacare more than doubles insurance premiums for many Californians is especially ironic, given the political posturing of the President and his administration in 2010. In February of that year, Anthem Blue Cross announced that some groups (but not the majority) would face premium increases of as much as 39 percent. The White House and its allies in the blogosphere, cynically, claimed that these increases were due to greedy profiteering by the insurers, instead of changes in the underlying costs of the insured population.
“These extraordinary increases are up to 15 times faster than inflation and threaten to make health care unaffordable for hundreds of thousands of Californians, many of whom are already struggling to make ends meet in a difficult economy,” said Health and Human Services Secretary Kathleen Sebelius. “[Anthem’s] strong financial position makes these rate increases even more difficult to understand.” The then-Democratic Congress called hearings. Even California Insurance Commissioner Steve Poizner, a Republican running for governor, decided to launch an investigation.
Soon after, WellPoint announced that, in fact, because of lower revenues and higher spending on patient care, the company earned 11 percent less in 2010 than it did in 2009. So much for greedy profiteering.
So, to summarize: Supporters of Obamacare justified passage of the law because one insurer in California raised rates on some people by as much as 39 percent. But Obamacare itself more than doubles the cost of insurance on the individual market. I can understand why Democrats in California would want to mislead the public on this point. But journalists have a professional responsibility to check out the facts for themselves.
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UPDATE 1: On Twitter, Jonathan Cohn of The New Republic argues that I’m being unkind to California (1) by not describing the mandates that Obamacare imposes on insurers in the individual market, and (2) not explaining that low-income people will be eligible for subsidies that protect them from much of the rate shock.
For an extensive discussion of Obamacare’s costly insurance mandates, such as its requirement that plans cover you whether you’re healthy or sick, read this post. For a discussion of how Obamacare’s insurance mandates dramatically increase the cost of insurance for younger workers, go here.
Jon is right that low-income individuals will be protected from these rate increases because of Obamacare’s subsidies, but if you’re not low-income, you face a double-whammy: higher taxes to pay for those subsidies, and higher indvidual-market insurance costs for yourself. A better approach would be to offer everyone access to low-cost consumer-driven health coverage.

UPDATE 2: A number of writers did call out California for the apples-to-oranges comparison last week, including David Freddoso, Philip Klein, andLanhee Chen.
Lanhee, writing in Bloomberg View, does the useful exercise of showing that even for plans with the same generous benefit package that Obamacare requires, eHealthInsurance is significantly cheaper:
To put it simply: Covered California is trying to make consumers think they’re getting more for less when, in fact, they’re just getting the same while paying more.
Yet there are many plans on the individual market in California today that offer a structure and benefits that are almost identical to those that will be available on the state’s health insurance exchange next year. So, let’s make an actual apples-to-apples comparison for the hypothetical 25-year-old male living in San Francisco and making more than $46,000 a year. Today, he can buy a PPO plan from a major insurer with a $5,000 deductible, 30 percent coinsurance, a $10 co-pay for generic prescription drugs, and a $7,000 out-of-pocket maximum for $177 a month.
According to Covered California, a “Bronze” plan from the exchange with nearly the same benefits, including a slightly lower out-of-pocket maximum of $6,350, will cost him between $245 and $270 a month. That’s anywhere from 38 percent to 53 percent more than he’ll have to pay this year for comparable coverage! Sounds a lot different than the possible 29 percent “decrease” touted by Covered California in their faulty comparison.
While Covered California acknowledges that it’s tough to compare premiums pre- and post-Obamacare, at the very least, it could have made a legitimate comparison so consumers could fairly evaluate the impacts of Obamacare.
UPDATE 3: Yuval Levin at National Review further addresses Jonathan Cohn’s argument that people should be ok with these rate increases, because the Obamacare insurance plans are more financially generous:
Some people will receive subsidies to help cover that cost, some won’t, but whether it’s taxpayers or beneficiaries paying the premiums those premiums will be significantly higher than they are now.
The comparison offered in the California press release helps make it clear why that is: Obamacare’s new insurance rules. Those rules would certainly help some people—people with pre-existing conditions in the individual market will find it easier to buy coverage for instance—but they will also raise premium costs very significantly.
Obamacare’s defenders can certainly point to the former fact, but they cannot deny the latter one and insist the new California data show there will be no rate shock, as many tried to do over the past week.
Remember the purpose of Obamacare is to force a system collapse and lead to a single payer system.