Editorial: Voters don’t need protection from free speech

Democrats never let the inconvenient facts get in the way of their blindly held firm belief that money is the root of all evil and the ultimate bane of democracy.

You know, beliefs like the one that the 2010 U.S. Supreme Court decision in Citizens United v. Federal Election Commission — that found a federal law prohibiting people from spending their own money to make their political opinions and desires known could not pass constitutional muster — was wrong, wrong, wrong.

The 5-4 Citizens United ruling overturned a portion of the McCain-Feingold campaign finance law under which the FEC barred the airing of a movie produced by Citizens United that was critical of Hillary Clinton during the 2008 Democratic primary.

Democrats have been fighting against the ruling ever since, claiming it lets the rich and powerful and deep-pocketed corporations buy elections. They’ve even floated the idea of amending that portion of the Bill of Rights prohibiting Congress from abridging freedom of speech.

Of course, Nevada’s Democratic delegation to Congress has been in the thick of it. Sens. Catherine Cortez Masto and Jacky Rosen have signed on as sponsors of the proposed amendment, which would allow Congress and the states to “distinguish between natural persons and corporations or other artificial entities created by law, including by prohibiting such entities from spending money to influence elections.”

Cortez Masto proclaimed, “A constitutional amendment putting the democratic process back in the hands of voters will help ensure that our government represents the will of Americans, not just the wealthy few.”

Rosen chimed in, “Our elections should be decided by the voters — but because of Citizens United, billionaires and corporate interests can spend as much money as they want to elect politicians to do their bidding.”

Pay no attention to the fact President Donald Trump was outspent two-to-one by the aforementioned Hillary Clinton.

Over on the House side Nevada Democratic Reps. Dina Titus, Susie Lee and Steven Horsford have co-sponsored the 600-page H.R. 1, dubiously dubbed “For the People Act,” which, along with other things, would require increased disclosure of donors and online advertisers.

All in the name of muting the power of money’s influence over elections.

Pay no attention to the facts just presented by the outcome of the Democratic presidential nominating process.

According to news accounts, former New York mayor and billionaire Mike Bloomberg recently dropped out of that competition after spending somewhere between $500 million and $700 million of his estimated $60 billion net worth. That netted him a grand total of 61 delegates out of the nearly 4,000 delegates awarded thus far.

Then there is the case of Tom Steyer, who is said to be worth a paltry $1.6 billion but spent more than $250 million of his own money on his failing presidential campaign through the end of January. He netted no delegates whatsoever.

Both of the these candidates were allowed the freedom of speech to disseminate their messages and arguments loudly and frequently. But as Justice Anthony Kennedy said in his majority opinion in Citizens United, “The First Amendment confirms the freedom to think for ourselves.”

The poor pliable voters don’t need to be protected from political speech. They can think for themselves — as the facts have again borne out.

A version of this editorial appeared this week in some of the Battle Born Media newspapers — The Ely Times, the Mesquite Local News, the Mineral County Independent-News, the Eureka Sentinel,  Sparks Tribune and the Lincoln County Record.

Branco cartoon

Editorial: Federal bill would negate right-to-work laws

A month ago the U.S. House passed on a near party line vote of 224-194 a bill dubbed the Protecting the Right to Organize Act, or PRO Act. Among other things the bill would nullify state right-to-work laws, such as Nevada’s 66-year-old right-to-work law and those of 26 other states. Workers would be forced to pay union dues in order to keep their jobs.

All three of Nevada’s Democratic representatives — Dina Titus, Steven Horsford and Susie Lee — voted for the bill. Titus and Horsford were co-sponsors. Republican Rep. Mark Amodei voted against it.

The chances of the bill passing the Senate this year are nugatory, but if Democrats retake a majority of the Senate in November its chances are much more likely.

Nevada’s right-to-work law specifically states, “No person shall be denied the opportunity to obtain or retain employment because of nonmembership in a labor organization, nor shall the State, or any subdivision thereof or any corporation, individual or association of any kind enter into any agreement, written or oral, which excludes any person from employment or continuation of employment because of nonmembership in a labor organization.”

In addition to killing such right-to-work laws the PRO Act dramatically tilts the playing field in favor of union bosses at the expense of employers and employees. For example, it would adopt a California law that forces many independent contractors to be covered by rules requiring overtime, meal breaks, leave time, workers compensation and unemployment benefits among other things.

It also would weaken workers’ basic right to a secret collective bargaining ballot instead of coercive card checks.

Union contracts could also be imposed via arbitration.

The PRO Act would ban employers from permanently replacing striking workers.

The National Law Review said of the legislation, “In all, the PRO Act would introduce a great deal of potentially harmful changes to the labor law landscape that may negatively affect American businesses and their employees. The bill seeks to institute increasingly complex legal strictures when labor law is already profoundly complicated and confusing. Instead of simplifying matters or assisting companies and unions in facilitating their businesses, the act would create a tangled web of regulations that would benefit organized labor at the expense of both employers and employees. Political prospects for the bill are dim in the U.S. Senate, but the PRO Act will now be the baseline for labor reform proponents should political winds blow differently in the future.”

This past September, Mark Mix, president of the National Right to Work Legal Defense Foundation and National Right to Work Committee, wrote an op-ed for the Las Vegas newspaper explaining the economic impact of Nevada’s right-to-work law.

“Business owners correctly view states that have passed right-to-work laws as being more welcoming and business-friendly than high-tax, forced-dues states such as California,” Mix wrote. “That is why federal Bureau of Labor Statistics data show that from 2013-18, factory employment growth in Nevada was more than three times greater than in Western forced-union states such as Colorado, Oregon and Montana.”

Mix further noted that in the past decade total employment for right-to-work states grew twice as much as it did in forced-unionism states.

Keep this in mind as you go to vote this fall. Your job may depend on it.

A version of this editorial appeared this week in some of the Battle Born Media newspapers — The Ely Times, the Mesquite Local News, the Mineral County Independent-News, the Eureka Sentinel,  Sparks Tribune and the Lincoln County Record.

Newspaper column: The fight for free speech never ends

Ten years ago this month the U.S. Supreme Court reaffirmed the free speech portion of the First Amendment, declaring in the case of Citizens United v. Federal Election Commission that a federal law prohibiting people from spending their own money to make their political opinions known could not pass constitutional muster. The decision has been under constant attack by Democrats ever since.

The 5-4 ruling overturned a portion of the McCain-Feingold campaign finance law under which the FEC barred the airing of a movie produced by Citizens United that was critical of Hillary Clinton during the 2008 Democratic primary.

The late Justice Antonin Scalia succinctly wrote: “The (First) Amendment is written in terms of ‘speech,’ not speakers. Its text offers no foothold for excluding any category of speaker, from single individuals to partnerships of individuals, to unincorporated associations of individuals, to incorporated associations of individuals — and the dissent offers no evidence about the original meaning of the text to support any such exclusion. We are therefore simply left with the question whether the speech at issue in this case is ‘speech’ covered by the First Amendment. No one says otherwise.”

But Democrats have wheeled out a proposal to amend the Bill of Rights to exclude certain speech because it is paid for by people with money. It is wrongly called the Democracy for All Amendment.

Every Democratic member of the U.S. Senate — including Nevada Democratic Sens. Catherine Cortez Masto and Jacky Rosen — has signed on as sponsors. The amendment would allow Congress and the states to “distinguish between natural persons and corporations or other artificial entities created by law, including by prohibiting such entities from spending money to influence elections.”

Sen. Cortez Masto put out a press release this past summer saying the amendment is intended to get big money out of politics. “Citizens United opened the floodgates for big money in politics by wrongly allowing corporations and special interests to buy undue influence in American elections,” Nevada’s senior senator wrote. “It’s time the effects of this disastrous ruling were reversed. A constitutional amendment putting the democratic process back in the hands of voters will help ensure that our government represents the will of Americans, not just the wealthy few.”

Pay no attention to the fact spending alone does not necessarily determine the outcome of an election. President Trump was outspent two-to-one by the aforementioned Hillary Clinton.

Sen. Rosen over the weekend sent out an email noting the anniversary of Citizens United and saying, “It’s pretty simple: we’ve got to get big money out of politics. That’s why I’m supporting a constitutional amendment that would overturn Citizens United once and for all. … Our elections should be decided by the voters — but because of Citizens United, billionaires and corporate interests can spend as much money as they want to elect politicians to do their bidding.”

Oddly enough, the amendment concludes by stating, “Nothing in this article shall be construed to grant Congress or the States the power to abridge the freedom of the press.’’

Who do they think own the “press” in the United States? Billionaires and corporations, that’s who.

In fact, Justice Anthony Kennedy, who wrote the majority opinion in Citizens United, singled out the media exemption that was written into McCain-Feingold. Kennedy wrote, “The media exemption discloses further difficulties with the law now under consideration. There is no precedent supporting laws that attempt to distinguish between corporations which are deemed to be exempt as media corporations and those which are not. ‘We have consistently rejected the proposition that the institutional press has any constitutional privilege beyond that of other speakers.’”

Justice Kennedy concluded, “The First Amendment confirms the freedom to think for ourselves.”

Earlier this past year the House Democrats got into the act by putting forward the 600-page H.R. 1, dubiously dubbed “For the People Act,” which, along with other things, would require increased disclosure of donors and online advertisers. It is co-sponsored by all three of Nevada’s Democratic representatives — Dina Titus, Susie Lee and Steven Horsford.

Citizens United actually left in place certain financial disclosure requirements under McCain-Feingold. In fact, this prompted Justice Clarence Thomas to write a dissent in which he observed that disclosure requirements have spawned a cottage industry that uses donor information to intimidate, retaliate, threaten and boycott individuals and businesses with whom they disagree.

The Founders frequently engaged in anonymous speech and protected it with the First Amendment. The Federalist Papers were penned under pseudonyms.

The fight for free speech never ends.

A version of this column appeared this week in many of the Battle Born Media newspapers — The Ely Times, the Mesquite Local News, the Mineral County Independent-News, the Eureka Sentinel and the Lincoln County Record — and the Elko Daily Free Press.

Happy anniversary, Citizens United: May free speech still ring free across the land

Ten years ago today the U.S. Supreme Court reaffirmed the free speech portion of the First Amendment, declaring in the case of Citizens United v. Federal Election Commission that a federal law prohibiting people from spending their own money to make their political opinions and desires known could not pass constitutional muster. The decision has been under constant attack by Democrats ever since.

The 5-4 Citizens United ruling overturned a portion of the McCain-Feingold campaign finance law under which the FEC barred the airing of a movie produced by Citizens United that was critical of Hillary Clinton during the 2008 Democratic primary.

In Citizens United, the late Justice Antonin Scalia succinctly wrote: “The (First) Amendment is written in terms of ‘speech,’ not speakers. Its text offers no foothold for excluding any category of speaker, from single individuals to partnerships of individuals, to unincorporated associations of individuals, to incorporated associations of individuals — and the dissent offers no evidence about the original meaning of the text to support any such exclusion. We are therefore simply left with the question whether the speech at issue in this case is ‘speech’ covered by the First Amendment. No one says otherwise. A documentary film critical of a potential Presidential candidate is core political speech, and its nature as such does not change simply because it was funded by a corporation. Nor does the character of that funding produce any reduction whatever in the ‘inherent worth of the speech’ and ‘its capacity for informing the public,’ … Indeed, to exclude or impede corporate speech is to muzzle the principal agents of the modern free economy.”

But Democrats have wheeled out a proposal to amend the Bill of Rights to exclude certain free speech because it is paid for by people with money. It is wrongly called the Democracy for All Amendment.

Every Democratic member of the U.S. Senate — including Nevada Democratic Sens. Catherine Cortez Masto and Jacky Rosen — has signed on as sponsors of the proposed amendment, which would allow Congress and the states to “distinguish between natural persons and corporations or other artificial entities created by law, including by prohibiting such entities from spending money to influence elections.”

Sen. Cortez Masto put out a press release this past summer saying the amendment is intended to get big money out of politics. “Citizens United opened the floodgates for big money in politics by wrongly allowing corporations and special interests to buy undue influence in American elections,” Nevada’s senior senator wrote. “It’s time the effects of this disastrous ruling were reversed. A constitutional amendment putting the democratic process back in the hands of voters will help ensure that our government represents the will of Americans, not just the wealthy few.”

Pay no attention to the fact spending alone does not necessarily determine the outcome of an election. President Trump was outspent two-to-one by the aforementioned Hillary Clinton.

Sen. Rosen has long been a proponent of overturning Citizens United. During her campaign against Sen. Dean Heller, she declared, “Washington hasn’t been listening to the needs of Nevadans because billionaires and special interests are drowning out the voices of real people in our communities. If we’re going to make real progress on issues like climate change, gun violence and health care, then we need to bring some transparency and accountability to our broken campaign finance system. Unlike Senator Heller, I will stand up for Nevadans by speaking out for real reform and a reversal of this catastrophic Supreme Court decision.”

Ironically, the amendment concludes by stating, “Nothing in this article shall be construed to grant Congress or the States the power to abridge the freedom of the press.’’

Who do they think owns the “press” in the United States? Billionaires and corporations that’s who.

In fact, Justice Anthony Kennedy, who wrote the majority opinion in Citizens United, singled out the media exemption that was written into McCain-Feingold. Kennedy wrote, “The media exemption discloses further difficulties with the law now under consideration. There is no precedent supporting laws that attempt to distinguish between corporations which are deemed to be exempt as media corporations and those which are not. ‘We have consistently rejected the proposition that the institutional press has any constitutional privilege beyond that of other speakers.’ … And the exemption results in a further, separate reason for finding this law invalid: Again by its own terms, the law exempts some corporations but covers others, even though both have the need or the motive to communicate their views.”

Justice Kennedy concluded, “The First Amendment confirms the freedom to think for ourselves.”

Earlier this past year the House Democrats got into the act by putting forward the 600-page H.R. 1, dubiously dubbed “For the People Act,” which, along with other things, would require increased disclosure of donors and online advertisers. It is co-sponsored by all three of Nevada’s Democratic representatives — Dina Titus, Susie Lee and Steven Horsford.

Citizens United actually left in place certain financial disclosure requirements under McCain-Feingold. In fact, this prompted Justice Clarence Thomas to write a dissent in which he observed that disclosure requirements have spawned a cottage industry that uses donor information to intimidate, retaliate, threaten and boycott individuals and businesses with whom they disagree.

Thomas wrote, “The disclosure, disclaimer, and reporting requirements in (the law) are also unconstitutional. … Congress may not abridge the ‘right to anonymous speech’ based on the ‘simple interest in providing voters with additional relevant information …’”

The Founders frequently engaged in anonymous speech and protected it with the First Amendment. The Federalist Papers were penned under pseudonyms.

It’s not just the Democrats in Washington who want to gag free speech. In 2017 the Democrats in Carson City horned in on the act, pushing Senate Joint Resolution 4, urging Congress to amend the Constitution to overturn Citizens United. It was sponsored by Las Vegas Democratic state Sen. Nicole Cannizzaro.

The summary of SJR4 read: “Urges Congress to propose an amendment to the United States Constitution to allow the reasonable regulation of political contributions and expenditures by corporations, unions and individuals to protect the integrity of elections and the equal right of all Americans to effective representation.”

It may as well have read: “Democracy is dead because the citizens of the United States are too stupid to hear vigorous debate and make rational decisions.”

The resolution passed both the Assembly and state Senate with all Democrats voting in favor and all Republicans voting against.

The fight for free speech never ends.

 

 

 

Newspaper column: NEPA rules changes will benefit economy and environment

President Donald Trump announced this past week that his Council on Environmental Quality is streamlining the rules for major infrastructure projects — such as roads, bridges, pipelines and power transmission lines — required by the National Environmental Policy Act (NEPA) of 1970, aiming to cut the approval time for such projects in half.

The council published the changes in the Federal Register on Friday, setting in motion a 60-day comment period. The changes are widely expected to be challenged in the courts by the usual self-styled environmental groups.

Businesses and labor unions hailed the proposal as long overdue, but environmental groups assailed it, saying the changes would contribute to climate change.

In an opinion piece penned for The Hill — Tom Donohue, CEO of the U.S. Chamber of Commerce, and Sean McGarvey, president of North America’s Building Trades Unions — argued that the changes would actually benefit the environment.

“Consistent with its environmental mission, modernizing NEPA will accelerate projects that improve the efficiency of our transportation and distribution systems, thereby reducing traffic congestion and associated emissions,” Donohue and McGarvey write. “It will also spur investment in renewable energy sources and transmission infrastructure, much of which is subject to delays by current NEPA procedures. And timelier implementation of conservation projects will help mitigate environmental impacts, such as damaging floods and wildfires.”

In recent years, major projects have taken an average of four-and-a-half years to be approved. The council aims to cut that to two years. A number of projects have taken far longer to be approved. An airport runway expansion in Taos, N.M., took 20 years. A highway and bridge project in Michigan to cut traffic congestion and, therefore, carbon emissions took 16 years. A Maryland public transit project stretched out for 14 years.

Trump announces changes to NEPA rules. (AP pix)

“We want to build new roads, bridges, tunnels, highways bigger, better, faster,” Trump was quoted by The Wall Street Journal as saying at a White House press conference, where he was flanked by business and union leaders. “These endless delays waste money, keep projects from breaking ground and deny jobs to our nation’s incredible workers.”

The Journal noted that business groups claim lengthy NEPA reviews are partly to blame for a nearly $1 trillion backlog in transportation projects alone.

Democratic House Natural Resources Committee Chairman Raul Grijalva of Arizona said in a press release, “Polluting industries need more public oversight, not less, and supporting this approach means ignoring real-world consequences in favor of Trump administration fairy tales. The courts have been crystal clear that NEPA requires considering climate impacts, so this is just another inevitably doomed effort by this administration to try to illegally rewrite the rules it doesn’t like.”

Nevada Democratic Rep. Susie Lee sent out a Twitter comment saying, “We’ve seen what happens if these major projects don’t have environmental impact reviews. Damaged ecosystems, increased pollution, and increased health risks. We can’t go backwards on this.”

Nevada Republican Congressman Mark Amodei said Friday, “Since we’re only about 24 hours out from the release of the proposed changes, we’ll have more for you next week, but so far the concepts look good.”

Nevada Democratic Rep. Dina Titus tweeted, “While horrific fires create a crisis in Australia, President Trump still tries to deny climate change. It is inexcusable for the Trump Administration to put the President’s corporate allies ahead of our health and safety.”

House Speaker Nancy Pelosi accused the administration of blocking any federal efforts to confront climate change. “These new guidelines undermine critical building requirements that ensure that our communities are able to withstand the growing threat posed by the climate crisis,” she was quoted as saying by The Associated Press.

Even the liberal Los Angeles Times editorial board, in an editorial condemning the NEPA rule changes, conceded, “In truth, NEPA probably does need a tune-up. The current regulations date back to 1978 and have been amended only once since, in 1986. It’s reasonable to assume that all those years of experience have exposed flaws and shortcomings that could be addressed to improve and expedite the environmental review process. But the Trump administration, with its open denial of climate change and its industry-friendly policies aimed at expanding the production of fossil fuels, is not to be trusted with such a task.”

The streamlining of the bureaucracy will both contribute to economic growth and add infrastructure that will actually cut pollution in most cases. The naysayers are basing their projections of climate crisis on speculation and models that have yet to predict anything accurately.

A version of this column appeared this week in many of the Battle Born Media newspapers — The Ely Times, the Mesquite Local News, the Mineral County Independent-News, the Eureka Sentinel and the Lincoln County Record — and the Elko Daily Free Press.

Newspaper column: Articles of impeachment are flimsy ploys

This past week Donald Trump became only the third president to be impeached by the U.S. House of Representatives. Neither of the other two were convicted by the Senate — Andrew Johnson in 1868 and Bill Clinton in 1999 — and neither will Trump, because Republicans hold a majority of Senate seats and there is no way to achieve the necessary two-thirds majority to remove Trump from office.

Not a single House Republican voted in favor of either article of impeachment, because they were flimsy to the point of being wisps in the Democratically driven wind. Even a couple of Democrats rejected them.

Both “abuse of power” and “obstruction of Congress” are so nebulous that they can be defined as disagreeing with someone or anyone.

“Through their depraved actions today, crazy Nancy Pelosi’s House Democrats have branded themselves with an eternal mark of shame, and it really is, it’s a disgrace,” Trump correctly informed a rally in Battle Creek, Mich., shortly after the vote, according to the Washington Examiner. “They think the Washington swamp should be able to veto the results of an election. That’s what they think. There’s never been a time like this.”

What constituted “abuse of power” was Trump suggesting in a July telephone conversation with the newly elected president of the Ukraine that someone should investigate past dealings by 2020 presidential candidate Joe Biden and his son Hunter. “So, if you can look into it …” Trump said, according to the transcript. This was not a request to “dig dirt” on a potential political opponent as so many in the press have described it, but rather a suggestion that an investigation might be warranted. Trump was accused of withholding military aid to coerce the investigation.

Since Trump has been investigated by countless government bureaucracies since he raised his hand to take the oath of office, might that be construed as abuse of power and an attempt to influence the next election?

As for “obstruction of Congress,” The Wall Street Journal notes that this amounts to nothing more than Trump going to court to protect the powers of his office from politically motivated snooping, something many presidents have done, including Clinton and Barack Obama. Democrats didn’t give the courts a chance to rule on what the law is.

Nevada’s Democratic representatives — Dina Titus, Steven Horsford and Susie Lee — all voted for both articles of impeachment. In a statement Titus said of Trump, “He tried to rig the 2020 elections by soliciting foreign interference, and then engaged in an unprecedented cover-up once he got caught. No president can be permitted to abuse the power of the office for personal, political gain, nor try to hide his misdeeds by demanding that his subordinates withhold key documents and refuse to testify before Congress.”

Republican Congressman Mark Amodei, who represents northern Nevada voted “nay” on both articles. Amodei noted in a statement explaining his votes, “What happened after the phone call is also essentially uncontested. Ukrainian aid was slowed for several weeks but provided by mid-September. There was a meeting between President Trump and President (Volodymyr) Zelenskyy. There is no evidence that the Ukrainian Government has investigated the Bidens and therefore, no announcements regarding the same.”

As for obstructing Congress, Amodei listed a litany of refusals by the Obama administration to cooperate with requests from Congress — everything from Fast & Furious gun dealings with drug cartels to the Iran Nuclear Deal to Obamacare subsidies to Solyndra and Benghazi.

Regarding the attack in Benghazi that left four Americans dead, Amodei quoted the White House counsel’s explanation for refusing to answer questions from Congress, “If the President were to answer your questions, his response would suggest that Congress has the unilateral power to demand answers from the President about his official acts.” Which is what Congress just tried to do with Trump.

The congressman concluded that he didn’t believe Obama should have been impeached for obstructing Congress and neither should Trump.

This entire process has been an affront to American voters, who should remember how their current representatives abused the system for the sake of political power come the November election.

A version of this column appeared this week in many of the Battle Born Media newspapers — The Ely Times, the Mesquite Local News, the Mineral County Independent-News, the Eureka Sentinel and the Lincoln County Record — and the Elko Daily Free Press.

Newspaper column: House $15 minimum wage bill would kill jobs

The House this past week passed a bill that would increase the federal minimum wage to $15 an hour by 2025 and phase out the sub-minimum wage currently allowed for tip earners. The vote was 231-199, largely along party lines.

While all three of Nevada’s Democratic representatives put out statements bragging about voting for the Raise the Wage Act and citing how many people in their districts would be eligible for pay hikes under the law, Republican Mark Amodei, who represents Northern Nevada, warned of the many problems that the bill could create and said the only good thing about it is that it is unlikely to pass in the Senate.

“It makes a good campaign ad in certain neighborhoods, I guess,” Amodei said during a conference call on Friday. He said the bill, while it may raise hourly wages for some by 107 percent, others will lose their jobs entirely or have their hours cut. In fact, the Congressional Budget Office (CBO) estimated that somewhere between 1.3 million and 3.7 million would lose their jobs.

Amodei said the bill is especially problematic for Nevada because a third of the workforce is tipped workers. “In a state that has 45 million-plus people a year who come here for the resort industry … they tip people in the housekeeping industry, they tip people in restaurants, they tip people in casinos,” the congressman noted, adding that the current federal minimum wage for tipped workers is $2.13 an hour and the increase to $15 an hour would constitute a 600 percent increase.

“When you say everybody is going to make 15 bucks an hour you’re picking winners and losers,” Amodei said. “Because what do business people do in response to that? They take a look at, first of all they’re going to raise prices, which by the way is kind of that vicious circle — the good news is you’re making more money, the bad news is it costs you more on everything this impacts.”

A Cato Institute analysis in 2012 found that a 10 percent increase in the U.S. minimum wage raises food prices by up to 4 percent. Imagine what 107 percent would do.

Amodei also noted that the National Restaurant Association reports that almost two-thirds of restaurant owners, when faced with higher minimum wage requirements, reduce hours for workers, half eliminated jobs and all raised prices. “So the good news is you’re getting 15 bucks and hour, the bad news is you’re not going to work as many hours,” he said.

Newspaper column: Energy Department catches possible error, then catches hell

Umbrage has been duly taken.

On the afternoon of July 3 Energy Department Deputy Secretary Daniel Brouillette called Democratic Gov. Steve Sisolak to let him know the department may have been mistakenly shipping unstable nuclear material to the Nevada National Security Site (NNSS) monthly for a dozen years.

Mixed low-level radioactive waste — which must be protected from moisture when disposed — may have been mislabeled as merely low-level radioactive waste, which includes such things as rags, papers, filters, equipment, discarded protective clothing and construction debris and need not be protected from moisture. Further, the governor was told the waste might include “reactive” material, which could explode or release toxic fumes if exposed to water.

In a subsequent briefing this past week, Sisolak was told the department had not yet confirmed any of the waste was indeed reactive and the mislabeled shipments from the agency’s Y-12 facility in Oak Ridge, Tenn., had only been coming to Nevada since 2013 and involved only 32 containers.

Though Energy Secretary Rick Perry did not take office until his 2017 appointment by Republican President Donald Trump and his agency caught the apparent error, suspended further shipments and informed Nevada public officials of the possible error, Nevada Democratic office holders unleashed a fusillade of fury, including Democratic Rep. Steven Horsford calling for Perry to resign.

“I am outraged and shocked to hear about the Department of Energy’s repeated transgressions on the people of Nevada,” Horsford said in a statement. “Today we found out that, against the will and consent of Nevadans, the Department of Energy has been covertly shipping dangerous radioactive waste into our state.”

He concluded, “Secretary Perry must resign immediately.”

Democratic Rep. Dina Titus blustered, “The level of incompetence at the Department of Energy is only matched by its dishonesty. For decades, the DOE has been an untrustworthy partner and this latest round of illegal shipments is truly a new low. I’m grateful that Governor Sisolak continues to stand up for Nevada and refuses to let this violation of the law go unchallenged.”

Democratic Rep. Susie Lee fulminated, “The continued carelessness with our safety is exactly the concern of every Nevadan who is told that we should welcome the storage of nuclear waste in our own backyard. But let me be clear: we’re not just Nevadans, we are Americans, and it’s clear that the Department of Energy does not take Americans’ health, safety, or security into consideration before making decisions.”

In a joint statement Democratic Sens. Catherine Cortez Masto and Jacky Rosen decried, “Last week, we were contacted by the Department of Energy and made aware of the situation. As a result, along with Governor Sisolak we’ve taken immediate action and sent a letter demanding answers from Secretary Perry, and scheduled an immediate classified briefing to ensure there is accountability and oversight on behalf of the State of Nevada. Yet again, the DOE has violated its mission, broken Nevadans’ trust and failed to follow its own compliance procedures.”

Gov. Sisolak released a statement after this past week’s briefing by Energy officials  saying, “I was beyond disappointed to learn of problems related to shipments of low-level radioactive waste from the DOE’s Y-12 facility to Nevada. … While we appreciate the courtesy of the in-person briefing, we will continue to do everything in the state’s power to hold them accountable, ensure there is a plan to fix this problem and prevent it from occurring again, and above all else, protect the health and safety of Nevadans.”

The errors apparently occurred for four years of the Obama administration without anyone catching it, but the agency that caught the error and reported it is dishonest, careless, incompetent and to blame.

The Energy Department released a statement to the media saying, “The components that were shipped pose no risk to the safety and health of the general public or workers at the facility at NNSS. The Department’s National Nuclear Security Administration has launched an internal investigation to determine how this went undetected for a six-year period.” Three of those years were during the previous Democratic administration, by the way.

Umbrage always seems to be taken only when the offended ones are of a different political party and, especially when the information can be used to bludgeon attempts to dispose of nuclear waste at Yucca Mountain.

A version of this column appeared this week in many of the Battle Born Media newspapers — The Ely Times, the Mesquite Local News, the Mineral County Independent-News, the Eureka Sentinel and the Lincoln County Record — and the Elko Daily Free Press.

NNSS Area 5 storage area (file pix)

 

Editorial: Equality Act would be damaging for women

Good intentions don’t always make good law.

Take this past week’s 236-173 vote, largely along party lines, in the House of Representatives to pass the so-called Equality Act, which amends the Civil Rights Act of 1964 to include “sexual orientation and gender identity.”

The devil is in the details.

The bill was sponsored in the House by all but one Democrat — including Nevada Reps. Dina Titus, Steven Horsford and Susie Lee. A companion bill in the Senate is sponsored by all but one Democrat — including Nevada Sens. Catherine Cortez Masto and Jackie Rosen.

Unfortunately, the bill would curtail free speech rights, religious freedoms and gender privacy for the vast majority of Americans.

All Democrats present voted for the bill, but only eight Republicans voted aye.

Titus, who represents Las Vegas, posted on Twitter, “I joined my House colleagues today to pass the #Equality Act and ensure all Americans are treated equally under the law. It is unacceptable that the #LGBTQ community still faces discrimination based on sexual orientation and gender identity.”

Lee posted to Twitter a video of herself on the steps of the Capitol saying she was about to go in and vote for the Equality Act.

Horsford, who represents part of Clark County and southern rural Nevada, boasted on Twitter, “I’ve always fought to end discriminatory practices and promote equality, both in Nevada’s State Legislature and now in the House. Proud of today’s passage of the #EqualityAct.”

Rep. Mark Amodei, who represents Northern Nevada, agreed up to a point.

“No person should ever be discriminated against — period. The diversity of backgrounds, culture, religion, and heritage are all part of the fabric that has shaped us into the great nation we are today,” Amodei wrote in an email. “With that said, many of the bills House Democrats have made us vote on this Congress are merely feel-good messaging bills intended to add fuel to the political fire, while doing nothing to solve the issue at hand. The same rings true for the Equality Act, legislation that would amend the 1964 Civil Rights Act by redefining ‘sex’ to include ‘gender identity.’”

Amodei explained that the bill would do significant damage to Title IX, which bars discrimination due to sex in any education program receiving federal funding. The congressman said passage of the bill would end gender specific sports as we know it. Already a number of biological males have won women’s sports championships by merely saying they are transgender.

“Additionally, it would force doctors to leave any religious, moral, or expert objections at the door, even if moving forward with a certain operation might not be in the patient’s best interest. While the goal of this bill is to protect all people, ironically, it will end up causing harm to some of the very issues it’s seeking to address,” Amodei wrote.

The Heritage Foundation warned, “Medical professionals would be pressured to provide gender-affirming treatments like puberty blockers and hormones — these are irreversible decisions that have not been shown to help mental health while creating a litany of permanent physical health problems. Subjecting children to such radical procedures is even more dubious when one considers that 80 to 95 percent of children with gender dysphoria no longer feel distressed by their bodies after puberty.”

The bill also would take away a parent’s right to make health care decisions, such as allowing gender transition, and rights of people to exercise religious conscience.

The bill would force women to share bathrooms, locker rooms, showers, dormitories and shelters with men who “identify” as women.

The bill may not be brought up for a vote in the Senate. Even if it were to pass there, the president is likely to veto it.

But voters should remember how our delegation stood on this matter come election time.

A version of this editorial appeared this week in some of the Battle Born Media newspapers — The Ely Times, the Mesquite Local News, the Mineral County Independent-News, the Eureka Sentinel,  Sparks Tribune and the Lincoln County Record.

Branco cartoon

Editorial: Democratic House bill is a naked power grab

With Democrats firmly ensconced in power in the House of Representatives, the first order of business is, of course, to hold onto that power in perpetuity.

The 600-page H.R. 1, dubiously dubbed “For the People Act,” wrests voting law decisions from the states and shreds the First Amendment right of free speech. It is co-sponsored by all three of Nevada’s Democratic representatives — Dina Titus, Susie Lee and Steven Horsford.

The bill would require automatic voter registration, online voter registration and registration on Election Day, allow felons to vote, require 15 days of early voting, end the automatic purging of voters from registration lists when they don’t vote or fail to respond to mailed inquiries, dole out a 600 percent government match for certain “small” political donations and make Election Day a holiday — all of which erode the integrity of the ballot.

H.R. 1 also seeks to curb the free speech protections for corporations, unions and other groups upheld by the Supreme Court decision in Citizens United v. FEC by requiring increased disclosure of donors and online advertisers. 

In what is an embarrassing ignorance of history the bill declares, “The Supreme Court’s misinterpretation of the Constitution to empower monied interests at the expense of the American people in elections has seriously eroded over 100 years of congressional action to promote fairness and protect elections from the toxic influence of money.”

The very first such congressional action mentioned is the Tillman Act of 1907 that prohibited corporations from making contributions in connection with federal elections.

Lest we forget, the sponsor of the legislation was none other than Democratic Sen. Benjamin “Pitchfork Ben” Tillman of South Carolina — the leader of a Ku Klux Klan-style lynch mob known as the “Red Shirts,” a man who declared, “The Negro must remain subordinated or be exterminated” in order to “keep the white race at the top of the heap.”

The sole purpose of Tillman’s bill was to gag northern corporations who hired blacks and tended to favor Republicans.

Also, as Justice Clarence Thomas noted in his dissent in Citizens United, disclosure requirements have spawned a cottage industry that uses donor information to intimidate, retaliate, threaten and boycott individuals and businesses with whom they disagree. 

Thomas wrote, “The disclosure, disclaimer, and reporting requirements in (the law) are also unconstitutional. … Congress may not abridge the ‘right to anonymous speech’ based on the ‘simple interest in providing voters with additional relevant information …’”

The Founders frequently engaged in anonymous speech and protected it with the First Amendment. The Federalist Papers were penned under pseudonyms.

In addition to Nevada’s Democratic House delegates, the state’s two Democratic senators — Catherine Cortez Masto and Jacky Rosen — have both railed against the free speech funded by what they pejoratively call “unaccountable dark money.”

Nevada Rep. Lee called H.R. 1 “a sweeping package of pro-democracy, and anti-corruption reforms that will put electoral power back in the hands of the American people. H.R. 1 will curb the influence of big money in politics, make it easier, not harder for Americans to practice their fundamental right to vote, and ensure that politicians actually serve the public — not special interest groups.” Special interest groups like the Democratic Party?

While the House is likely to pass this legislative and constitutional abomination, its chances in the Republican-controlled Senate are slim. 

Republican Senate Majority Leader Mitch McConnell of Kentucky rightly stated in an op-ed in The Washington Post, “They’re trying to clothe this power grab with cliches about ‘restoring democracy’ and doing it ‘For the People,’ but their proposal is simply a naked attempt to change the rules of American politics to benefit one party. It should be called the Democrat Politician Protection Act.” 

A version of this editorial appeared this week in some of the Battle Born Media newspapers — The Ely Times, the Mesquite Local News, the Mineral County Independent-News, the Eureka Sentinel,  Sparks Tribune and the Lincoln County Record.