J.C. Moore Online
Current events from a science perspective.

Both a Congressman & Wealth Redistribution in Camouflage

     Posted on Sat ,24/07/2010 by admin

Dan Boren (D-OK) has made a number of ads critical of his Democratic primary opponent, Jim Wilson.  It bothers many Oklahomans that Boren appears to be just camouflaging himself as a Democrat because his father was a highly respected Democratic Governor and Senator. It’s not clear whether the acorn fell really far from the tree or if Boren’s ads represent what a Democrat has to do to be elected in Oklahoma. One ad showed Boren in new camouflage gear, tags still attached, cocking a gun at his opponent. However, the ads have not gone over well as State Senator Wilson, who Boren chastises as Oklahoma’s “most liberal” senator, was a combat marine in Vietnam.

An article recently appeared in the Daily KOS containing a video making fun of Boren’s ads and criticizing him for supporting a “Flat Tax” scheme. (1) True to form, in the tree scene in the video, Boren is wearing the unofficial state color – camouflage. He is the  only Democrat among 61 Republicans in Congress supporting the “Flat Tax”(or “Fair Tax”) scheme.

Boren apparently hasn’t thought that Flat Tax scheme through. My Congressman, Frank Lucas (R-OK), also favors a “Fair Tax” scheme that would replace income taxes with a national sales tax ( a consumption tax) (2). Boren says it would be a sales tax of 30%. It  may need to be higher for it to be “revenue neutral” as we have to raise a certain amount of revenue to support our government and that would not change. What the “Fair Tax” would change is that more of the tax burden would shift to the middle and lower income groups, those  already benefiting the least from state and federal tax cuts. (3)

While many like the idea of the Fair Tax’s simplicity, that may turn out not to be the case. The Tax Reform Act of 1986 was supposed to bring us “simplification” of  our income taxes but there is little evidence that it has worked. Adopting a national sales tax will have a ripple effect across our economy with unknown consequences. For instance, we would have to tax internet purchases and raise import duties to keep the wealthy from shopping overseas for major purchases.

Economist Mike Moffatt has worked out who would be the likely winners and losers under the Fair Tax proposal: (4)

Winners:

  • People who are inclined to save: People who do not consume as much will benefit from the plan.
  • People who can shop in other countries: People who take a lot of overseas vacations or living near the Canadian or Mexican borders.
  • People who can avoid sales taxes: Those who can exchange or barter services and goods, or the unscrupulous who can buy for personal use and claim as a business use.
  • The wealthiest one percent: They will see an average tax cut of about $75,000 per person.

Losers:

  • The Poor: The working poor pay little income tax but they must spend a larger proportion of their income to survive. They’d pay a larger percentage of their income in taxes than wealthier individuals.
  • Families: Tax breaks such as dependent deductions, earned income credits and child care credits would disappear. It would hurt families with incomes less than $200,000 but help families with income above $200,000, due to the dramatic reduction in the top tax rate.
  • Tax Accountants, IRS Employees and Income Tax Lawyers: Yes, but they’d survive somehow.
  • Seniors: They’ve already paid a lifetime of income taxes and this would now tax them again on consumption as well. They would end up paying a disproportionate share of taxes.

Overall, the Fair Tax is fairer to some than to others, and it looks to be most fair to the wealthy. Our present graduated income tax code is based on the ideas that those who profit most from our country’s wealth, resources, and opportunities should pay a greater share of their bounty in taxes. The rich may not think that’s fair, but that’s fairer and more pragmatic than shifting more taxes to those who have little.

(1) http://www.dailykos.com/story/2010/7/3/881389/-Dan-BorenCongress-Worst-Democrat-Has-A-Primary

(2) For an in depth analysis of the consumption tax see:  http://mises.org/daily/1768

(3) For historical top tax rates see:

http://www.taxpolicycenter.org/taxfacts/displayafact.cfm?Docid=213

(4) http://economics.about.com/cs/taxpolicy/a/fairtax_5.htm

The Republican Flip/Flop on Cap-and-Trade

     Posted on Thu ,22/07/2010 by admin

A Winning Flip: I can remember when Republicans liked Cap-and-trade. (1) For instance, John McCain cosponsored cap-and-trade bills in the Senate in 2003, 2005, and 2007 and, during his 2008 presidential campaign, proposed a pragmatic national energy policy based upon good stewardship, good science, and reasonableness. As he said then,

“A cap-and-trade policy will send a signal that will be heard and welcomed all across the American economy. And the highest rewards will go to those who make the smartest, safest, most responsible choices.”

And he was right. Having to pay the true cost of fossil fuel use is fair and would create incentives for renewable energy and energy efficiency.

Cap-and-trade was once considered to be the market solution to reducing carbon emissions. While popular, a number of key Republicans, such as Sen. Lisa Murkowski (R-Alaska), Sen. Richard Lugar (R-Ind.), Sen. Lindsey Graham (R-S.C.) went on record as endorsing the policy. Even Sen. Scott Brown (R-Mass.), only two years ago, while supporting a version of a cap-and-trade bill in the Massachusetts legislature said:

”Reducing carbon dioxide emission in Massachusetts has long been a priority of mine. Passing this legislation is an important step … towards improving our environment.”

But somewhere amid lobbying, big donations from power companies, and criticisms from so called conservatives who don’t really want to conserve much, the Republicans are now calling it cap-and-tax, essentially making fun of what was once their own idea.

The Sticker Shock Distortion Flop: In an effort to kill the bill, Republicans such as Senator Tom Coburn (R-OK) are now claiming cap-and-trade would cost each U.S. households about $3,100 a year, a cost that has considerable sticker shock. However, that number was fabricated by doing some misleading  additional math on a MIT study. Dr. John Reilly, the economist who authored the study, has criticized Republicans for distorting his work. In his words,

“It’s just wrong, It’s wrong in so many ways it’s hard to begin.” Not only is it wrong, but he said he told the House Republicans it was wrong when they asked him. “That’s just not how economists calculate the cost of a tax proposal”, Reilly said. “The tax might push the price of carbon-based fuels up a bit, but other results of a cap-and-trade program, such as increased conservation and more competition from other fuel sources, would put downward pressure on prices.” Moreover, he said, consumers would get some of the tax back from the government in some form. (2)

What Is the Uninflated Cost? The report by the nonpartisan Congressional Budget Office (CBO), the entity responsible for providing Congress with nonpartisan analyses of economic and budget issues, estimates that the net annual economywide cost of the cap-and-trade program in 2020 would be $22 billion—or an average of about $175 per household. That figure includes the cost of restructuring the production and use of energy but it does not include the economic benefits and other benefits of the reduction in greenhouse gas emissions and the associated slowing of climate change. Households in the lowest income bracket would see an average net benefit of about $40 in 2020 while those in the highest bracket would see a net cost of $245. Overall, net costs would average 0.2 percent of households’ after-tax income. (3) That doesn’t seem so bad, particularly as the CBO experts also estimate the climate and energy bill now stalled in the Senate would reduce the federal deficit by about $19 billion over the next decade. (4)

The High Cost of Doing Nothing: The cost of doing nothing may be unacceptably high in the long run because of resource scarcity, environmental damage, and the risk of reachng catastrophic tipping points. A recent report by the National Academy of Sciences details the high economic costs of reduced streamflow, rainfall, and crop yields (5). Estimates by the World’s top economists such as Britain’s Nicholas Stern (6) or the US’s Paul Krugman (7) are that right now it would cost about 2% of the worlds GDP to mitigate environmental damage – but if delayed, that amount could rise to 20% or more of the world’s GDP and put us at risk of an environmental catastrophe.

A Flip is Needed: What is it worth to have clean air, clean water, a more sustainable economy, and a less risky future? Can we risk doing nothing? We need a flip by our Republican leaders.

(1) http://www.grist.org/article/2010-06-29-remember-when-republicans-liked-cap-and-trade/

(2) http://flavcountry.blogspot.com/2009/05/mit-economist-john-reilly-calls.html

(3) http://cboblog.cbo.gov/?p=300

(4) http://www.msnbc.msn.com/id/38130006/ns/politics-capitol_hill/

(5) http://www.denverpost.com/headlines/ci_15536630

(6)   http://siteresources.worldbank.org/INTINDONESIA/Resources/226271-1170911056314/3428109-1174614780539/SternReviewEng.pdf

(7)  http://www.nytimes.com/2010/04/11/magazine/11Economy-t.html

Anthony Watts: Dooming the Planet?

     Posted on Wed ,21/07/2010 by admin

The interview: It’s a powerful story. In an interview with Tom Minchin titled ” Doomed Planet” (1), Anthony Watts tells how he went from a simple student questioning the reliability of Purdue’s  weather station to a science skeptic saving the world  from “Noble Cause Corruption”.  Watts, editor of the anti-science website Wattsupwiththat, is now on a tour of Australia where he is spreading his message to the faithful for $25 a ticket. As one of Anthony Watts’ followers commented on the interview:

“Anyone who is an engineer or scientist can understand what turned Anthony from a believer in anthropogenic global warming to a skeptic.”

That’s apparently money, influence, fun, and perhaps a little revenge.

Watt’s Career: Watts began his career at Purdue University where he studied Meteorology and Engineering. He has not been forthcoming about how long he attended, whether he graduated, or whether he is “AMS Certified”, as sometimes claimed. After he left college, he worked as a radio and TV weather presenter until he founded Whatsupwiththat (2), a website that posts anti-science literature and commentary. Whatsupwiththat is rife with misquotes, cherry-picking, unsubstantiated claims, title inflation, attacks on scientists, and distorted research. (3) Still, Watts has a number of faithful followers who apparently are made up of disgruntled ex-scientists, those excluded from science by the required rigor, those who profit from the status quo, and members of institutes and think tanks funded by fossil fuel companies.

The Surfacestations Project: Watts has limited credentials in the field of climatology and, though amateurs sometimes make great discoveries, that is not true in his case. While at Purdue, Watts worked part time at their weather  temperature collection site. Building on that experience, Watts has established the Surfacestations Project, a study of weather stations aimed at discrediting NOAA’s temperature data. To counter his repeated attacks on the scientific data, the American Geophysical Union (AGU) did a thorough study of the temperature stations and found that their results were reliable (4). Watts lost any credibility he might have gained as a scientist when the AGU asked him to participate in the research – and he declined. And, though the Surfacestations Project is now completely discredited, Watts is still collecting donations to fund it.

The AGW Conspiracy: To justify his attacks on science, Watts claims there is a worldwide conspiracy of scientists which distorts his True Science,  the Anthropogenic Global Warming (AGW) conspiracy. There are advantages to inventing a worldwide conspiracy to explain why  Skeptics can’t get their ideas published? It’s not the lack of credible research, it’s “censorship” by the AGW who controls the peer review process. Skeptics can’t get funding? It’s not lack of reasonable and competitive research proposals, it’s because the AGW controls the government and its funding processes. Skeptics can’t make unfounded Climategate charges stick? It’s because of the AGW whitewash. Skeptics can’t get their claims to agree with scientific evidence and reason? It’s because the AGW controls Reason. ??? Wattsupwiththat?

Watt’s goes on in the interview:

“I think that if you want skeptics to have an even keel in the debate, skeptics need to push their position more often and that means writing more letters to the editor, to newspapers, to magazines and trade journals and to scientific journals.”

The skeptics would, of course  have a more even keel in the debate if they did the research necessary to back up their claims. Instead, they repeat disproven hypotheses, dispute peer-reviewed research without evidence, personally attack scientists, and refuse to follow the methodology or the ethics of science.

Noble Cause Corruption: Watts has even found a psychological disorder to explain the AGW’s motives… Noble Cause Corruption, a malady once reserved for law enforcement vigilantes. According to Watts:

“A less obvious but perhaps even more threatening type of misconduct in law enforcement is Noble Cause Corruption… Noble Cause Corruption is a mindset or sub-culture which fosters a belief that the ends justify the means…. The officers who adopt this philosophy lose their moral compass. Noble Cause Corruption is a belief that what you’re doing is so much more important than what anyone else is doing because your cause is noble, you’re saving the planet, and because you’re saving the planet, you are doing it for the good of mankind…. And so all of those things combine to put a blinder on you as to what you’re really doing.”

That’s a nice bit of sophistry. Scientists who wish to be good stewards of the Earth are actually, according to Watts, guilty of Noble Cause Corruption. If that is true then his followers, who would let the Earth be destroyed through ignorance and greed, are guilty of a much worse malady called Ignoble Cause Corruption. If we believe Watts and his followers, then we may indeed end up the “Doomed Planet”.

(1) http://www.quadrant.org.au/blogs/doomed-planet/2010/06/anthony-watts-interviewed

(2) wattsupwiththat.com

(3) Some examples, but not nearly an exhaustive list, are

(4) Menne, Matthew J.; Claude N. Williams, Jr., and Michael A. Palecki. Journal of Geophysical Research – Atmospheres (American Geophysical Union) http://www1.ncdc.noaa.gov/pub/data/ushcn/v2/monthly/menne-etal2010.pdf.

Bits and Pieces: Do Scientists Keep Secrets?

     Posted on Tue ,20/07/2010 by admin

Complaints about  “scientific secrecy” are disingenuous: There is very little secrecy in science. Scientific papers are presented and openly debated at meetings where anyone can attend. The peer reviewed papers include the data, the results, and the reasoning and are available at public libraries and many are now online. Also:

Researchers are required to keep records of their research so that any other scientist with comparable training and skills could reproduce the research. The “reproducibility” of the research is an important factor in the reviewer’s evaluation of the research. The public has a right to information produced by publicly funded research and that may be requested through the Freedom of Information Act (FOIA). Usually a “Gatekeeper”, such as the project’s director, is designated to handle FOIA requests. That Gatekeeper has a responsibility to see not only that the public’s rights are upheld, but also to see that the FOIA process is not abused and that the scientists are protected. (1)

Only a few things are kept confidential to preserve the integrity of the peer review process.  The main barriers preventing a better understanding of science by the public is not “secrecy”, but poor science education, the lack of responsible and informative reporting by the media, and an ongoing campaign to spread misinformation by those who find the conclusions of science inconvenient to their ideological or financial interests.

Nominations for the 2010 Environmental Hall of Fame/Shame

     Posted on Sun ,18/07/2010 by admin

It is not to early to begin thinking about Nominations for the person who has most affected the environment by words or action. With the debate on environmental regulation coming up, a number of possible nominees should appear.  Please send you nomination for either the Environmental Hall of Shame or  Hall of Fame by e-mail through the “Contact” link  along with a short reason that your nominee  should be included. You may also suggest a suitable gift for them if they win. A link or reference to their accomplishments or misaccomplishments  will increase their chance of being included in the final poll.

Nominees will be listed  and a  vote will be taken at the end of the year. The  2010 year’s winner in the Environmental Hall Fame (or Shame)  category will receive the “Most Noble (or Most Ignoble Prize) in Environmental Science” and a  suitable gift. For instance,  while last year John McCain  might have deserved a framed picture of a trout swimming upstream  in the  Fame Category, this year he might deserve a picture of a trout flip/flopping on the bank in the Shame category. Let us hope that, after the election, he will flip back in and continue upstream. In the  Hall of Fame category  for instance,  John Kerry might receive a gold star  for his work on environmental legislation or Arnold Schwarzenegger might receive a model electric car for promoting the bigger ones.

You may suggest a suitable prize for your nominee. Please be imaginative, as particularly thoughtful or humorous  nominations may be recognized and published on this site, with the authors permission, of course.

Bits and Pieces

     Posted on Fri ,16/07/2010 by admin

This article contains bits and pieces, usually short comments on recent science  articles and issues. Other bits and pieces will be added with the newest at the top.

The High Cost of Doing Nothing: A  report by the National Academy of Sciences details the high economic cost of inaction on environmental legislation (2). It’s relatively easy to figure the cost of regulations to protect the environment, but relatively hard to keep from inflating the cost for political purposes.  As a Republican, I am a little ashamed that Republicans have adopted the grossly inflated annual figure of $3200 per  household. That is useful for sticker shock and propaganda, but totally inaccurate. The CBO has estimated that it would cost around $300 and that there would be added savings that would reduce the deficit.

The cost of regulations  should  be compared to the cost of doing nothing. Estimates by the World’s top economists such as Britain’s Nicholas Stern or the US’s Paul Krugman are that right now it would cost about 2% of the worlds GDP to mitigate environmental damage – but if delayed, that amount could rise to 20% or more. That also doesn’t take into account intangibles such as clean air,  clean water, and a more sustainable economy.

Ocean Acidification is Serious: Since preindustrial times, the concentration of CO2 in the air has risen from 280 ppm to 385 ppm, a 38% increase.   As the amount of CO2 in the air increases, the amount that  dissolves in the ocean increases proportionately.  When the CO2 dissolves in seawater, it makes it more acidic, just as adding CO2 to soda makes it acidic. The pH of sea water has  been measured to be  more acidic by 0.1 pH unit than a century ago. Since the  pH scale  is logarithmic, the decrease of 0.1 unit means the oceans are now over 20% more acidic than a century ago and the cause is most certainly CO2.

To put that in perspective, human blood has a  carbonate buffer system similar to that of the oceans.  Normal blood pH is from 7.45 to 7.35 , and a blood pH less than 7.1 would require emergency treatment. Increasing the carbon dioxide in the blood by 38% will decreased the blood pH to about 7.25, not critical, but surely a sign that something is wrong. If the oceans get much more acidic, the coral, the fisheries, the shellfish, and the oxygen-producing plankton that give life to the oceans are threatened.

Complaints about the “scientific secrecy” are disingenuous: There is very little secrecy in science. Scientific papers are presented and openly debated at meetings where anyone can attend. The peer reviewed papers include the data, the results, and the reasoning and are available at public libraries and many are now online. Also:

Researchers are required to keep records of their research so that any other scientist with comparable training and skills could reproduce the research. The “reproducibility” of the research is an important factor in the reviewer’s evaluation of the research. The public has a right to information produced by publicly funded research and that may be requested through the Freedom of Information Act (FOIA). Usually a “Gatekeeper”, such as the project’s director, is designated to handle FOIA requests. That Gatekeeper has a responsibility to see not only that the public’s rights are upheld, but also to see that the FOIA process is not abused and that the scientists are protected. (1)

Only a few things are kept confidential to preserve the integrity of the peer review process.  The main barriers preventing a better understanding of science by the public is not “secrecy”, but poor science education, the lack of responsible and informative reporting by the media, and an ongoing campaign to spread misinformation by those who find the conclusions of science inconvenient to their ideological or financial interests.

Peer Review, Science Data, and the Public’s Right to Know

     Posted on Tue ,13/07/2010 by admin

Does the public’s “right to know” extend to the peer review process and to the scientist’s data?

Peer review: Reputable scientific journals have a peer review process to ensure that published papers are free of errors in reasoning and methodology and that they report only the best research. Upon submission of a paper, the editor of the journal removes the name of the authors and sends it to expert researchers to be reviewed. The names of the authors are kept confidential by the editor to ensure that the author’s reputation, past personal differences, or factors other than the quality of the work cannot affect the review. The editor of the journal considers the reports of the reviewers and decides whether the paper should be published or returned to the author for corrections. Few papers receive outright rejection and the papers returned for correction are usually returned with reviewers comments.

The names of the reviewers are kept confidential by the editor to ensure that the author does not directly contact the reviewer to argue or does not retaliate against a reviewer. In a recent case, John Christy was able to discover through the stolen CRU e-mails who reviewed one of his papers and why the editor published it as he did. The paper was controversial in nature and contained opinions not held by most other climate scientists. The editor, in an attempt to present both sides of the issue, published Christy’s paper alongside a paper that presented the opposite view. Using information to which he should not have been entitled, Christy publicly attacked the reviewers, the editor, the peer review process, and climate science in general. His actions violated the integrity of the process and also the professional ethics required of scientists as he released his opinions to the public before the matter could be impartially investigated.

The Public’s Rights: The claims that the names of the reviewers and the editor’s reasons should be made public are invalid. Scientific journals are funded by subscriptions and dues of members and not publicly funded. The review process is set up as it is to ensure the integrity of published science papers and “peer reviewed” is the gold standard of quality in science information. The editor of the journal has the right to choose the reviewers and decide what is published just as the editor of a newspaper has the right to publish or reject articles without divulging the reasons.

Scientific Data: The public’s right to the data of researchers is another matter. Researchers are required to keep records of their research so that any other scientist with comparable training and skills could reproduce the research. The “reproducibility” of the research is an important factor in the reviewer’s evaluation of the research. The public has a right to information produced by publicly funded research and that may be requested through the Freedom of Information Act (FOIA). Usually a “Gatekeeper”, such as the project’s director, is designated to handle FOIA requests. That Gatekeeper has a responsibility to see not only that the public’s rights are upheld, but that the FOIA process is not abused and that the scientists are protected.

Scientists are understandably reluctant to release their data – as some who did release it later came to feel as if gremlins had seized their work and their lives. Some researchers have been harassed by numerous and frivolous  requests for information  meant only to impede their work. That is particularly true in climate science where there are apparently well-funded gremlins, some of them ex-scientists*, at work. Worse, scientists have been criticized publicly for reasonable practices that can be misconstrued. For example, good research requires the calibration of equipment, yet that has been led to accusations  of “adjusting the data”. And, a math ‘trick” used to simplify a computation, was mischaracterized as “tricking the public”.

Even worse, when Phil Jones, the CRU director, released his raw data for a 1990 research paper to a former London financial trader, Douglas J. Keenan, Keenan combed through the data and then tried to have the FBI arrest Jones’ co-author for fraud. An investigation cleared the researchers of any wrongdoing but it took a toll on their time and work. Incidents like that have  a chilling effect on the willingness of scientists to release their data. Some scientists who released their raw data, have seen it “recalculated” in such a way as to reach conclusions contrary to their findings, yet attributable to them. Reputable journals will not publish the erroneous conclusions of “recalculated” data , but some newspaper articles, blog sites, and even Congressional hearings will use them to promote a controversy manufactured by someone who actually did no research. And, once the fallacy is “out there”, it is hard to correct.

Certainly, the public has a right to openness in public funded research. Much of the scientific debate take place at scientific meetings and those wishing to hear the research debated may attend . The FOIA Gatekeeper has an important role to see that the FOIA requests are valid, that scientists are not harassed, and that those who wish to use the data for unscientific, or even malevolent purposes, do not have easy access to the data. The next step for those who do not like the Gatekeeper’s decision is to seek redress in the courts – not by illegally hacking the researcher’s computers.

* The author considers those scientist who abandon the methodology, ethics, and objectivity of science; especially for money, notoriety, or political purposes, to be “ex-scientists”.

Who’s Misinforming You? Senator Coburn’s Town Hall Meeting ( Part 1)

     Posted on Sun ,11/07/2010 by admin


Integrity in Politics:
It is the purpose of this site to apply observation and reason to current events. Good government depends upon our Legislators and our voters having up-to-date and accurate information. Senator Tom Coburn is considered to be the best informed of the Oklahoma Legislators. However, some things he presented at his town hall meeting, though they play well with his base, are not supported by research. We feel that Senator Coburn should thoroughly research the topics upon which he votes and speaks and that he should provide his constituency with accurate information.

Supreme Court: When asked about the recent court appointments, Senator Coburn disparaged the latest Supreme Court Justice, Sonia Sotomayor, by claiming she had lied, a very serious accusation to make against a Supreme Court Justice – especially when wrong. Coburn said that Sotomayor had reneged on a promise made during her confirmation hearing not to use foreign law to interpret the Constitution of the United State. He used as evidence the ruling of the Supreme Court on the case of Graham v Florida, in which a juvenile offender had been sentenced to life in prison for nonhomicidal crimes.

After reading the Supreme Court response which was actually presented by Justice J. Kennedy, not Justice S. Sotomayor, it appears that Senator Coburn was actually not being honest in his presentation of the information. As shown in the section of the Supreme Court brief below, the only reference to foreign anything is that the practice has been rejected the world over. This does not refer to any foreign laws but merely reflects on our standing in how humanly we treat juvenile offenders compared to the global community to which we belong and by whom we are scrutinized and in no way reflected that any foreign law was used to interpret the United States Constitution.

This misleading charge by  Senator Coburn raises a concern about any information he uses to support his views and whether he is just another typical politician trying to manipulate his constituents with “smoke and mirrors”.  Additional support for the Court’s conclusion lies in the fact that the sentencing practice at issue has been rejected the world over: The United States is the only Nation that imposes this type of sentence. While the judgments of other nations and the international community are not dispositive as to the meaning of the Eighth Amendment , the Court has looked abroad to support its independent conclusion that a particular punishment is cruel and unusual. (See, e.g., Roper, supra , at 575–578. Pp. 29–31, 982 So. 2d 43, reversed and remanded. )

Elena Kagan: Senator Coburn also said he could not support the appointment of Elena Kagan to the court because she considers the Constitution to be a living document. Senator Coburn believes that the Constitution should be interpreted as the Founding Fathers meant it. That, however,  has been as an excuse used by some politicians and judges to interpret the Constitution as they wish and claim it is what the Founding Fathers actually meant. The Founding Fathers were wise enough to give us a mechanism for amending the Constitution and there are now 27 Amendments. The Constitution is alive and better for it.

Recess Appointments: When asked about President Obama’s recess appointment of Dr. Berwick to head the Center for Medicare and Medicaid Services (CMS), Coburn emphatically declared that it was wrong and  illegal. Yikes! Coburn should polish up on his history of the much-used recess appointment. By this same point in his Presidential career, George W. Bush had used this technique to make 15 appointments and he used it 179 times during his career. Where were those Republicans then? The last group of appointments will bring Obama’s total to 18. It has been noted that Bush was not facing the same level of obstruction.Currently, Obama has 189 nominations pending before congress and 28 have been on the floor for more than three months. Bush only had six nominees that had been waiting that long. It might also be an interesting FYI to note that even George Washington used the practice to appoint the then controversial judge John Rutledge to the Supreme Court after he had failed to be confirmed by the Senate.

Reccess Appointments are a legal practice granted to the President of the United States by the Constitution of the United States in Article II, section 2.

“The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.”

Some have indicated that they feel this power should only be used when the position becomes vacant during a recess but this has been adjudicated by The Eleventh Circuit, in an en banc decision in Evans v. Stephens which held that the Constitution permitted both intrasession recess appointments and recess appointments to fill vacancies that existed prior to the congressional recess.( Evans v. Stephens, 387 F.3d 1220 (11th Cir. 2004). ) Since the position filled by Dr. Berwick has been vacant since 2006 it fulfills the courts requirements and is clearly legal.

Health Care: Senator Coburn said he  objected to the appointment of Dr. Don Berwick to head the CMS as Dr. Berwick  promotes medical rationing. Coburn’s basis for this premise uses “cherry-picking“, a technique which picks out a quotation and presents it out of context. A statement that Dr. Berwick made in 2008 in an interview with the respected publication, Biotechology Healthcare has been “cherry-picked” and this partial quote has been publicized many times by zealous Republican in order to create the specter of medical rationing. Here is the partial quote Senator Coburn refers to: “The decision is not whether or not we will ration care. The decision is whether we ration care with our eyes open.”  But, here is the actual quote in context, “We make these decisions all of the time. The decision is not whether or not we will ration care. The decision is whether we ration care with our eyes open. And right now, we are doing it blindly.”

Despite what Senator Coburn might claim, that statement isn’t particularly radical. Rationing currently occurs in our health-care system as resources are limited, and medicine and medical procedures are approved or disapproved by insurance companies regardless of whether that system is privately or publicly funded. “Blindly” as used by Dr. Berwick indicates we are currently doing it badly and not with an eye to the best practices to be used for the good of the patient; and not with an eye to which practices are unnecessary and therefore unnecessarily costly; and not with an eye to what medicines, tests and equipment are provided unnecessarily and sometimes even to the detriment of the patient.

“Ezra Klein, a blogger for the Washington Post, notes that Berwick’s statement is no different than a statement from Republican Rep. Paul Ryan of Wisconsin (seen as an up-and-coming leader within the GOP), who said with respect to health care, “Rationing happens today! The question is who will do it?” www.cbsnews.com/8301-504763_162-20009880-10391704.html.
Here is another more honest Republican’s statement on Berwick’s appointment. Tom Scully, who ran the CMS under President George W. Bush, noted, “You could nominate Gandhi to be head of CMS and that would be controversial right now.” http://www.newsweek.com/blogs/the-gaggle/2010/07/07/don-berwick-appointed-to-drive-health-care-changes-sidestepping-congress.html

With the use of the “cherry-picking” technique, some Republicans appear to be using medical rationing as a scare tactic to gain support in the up-coming elections without regard for what is actually good for the patient, I mean constituents. And to make matters even worse, Senator Coburn is a doctor. He also  said that other countries have national health care at lower cost because they ration health care. He says you and your family are responsible for paying for your own health care. Isn’t that just rationing health care by using money. If you, or your family can’t pay, would he just let you die?

By Guest Author: Barbara Moore

Lord Monckton: A British Sophist in the U.S. Congress

     Posted on Mon ,07/06/2010 by admin

Sophists: Originally, a sophist was someone wise or clever. With the rise of Democracy in Athens, sophists found it profitable to serve aspiring politicians. For a fee, they would argue on behalf of their patron or provide constructed arguments, or talking points, if the politician wished to appear learned. Expert Sophists claimed that, by skilled argument, they could convince an unwary citizen that black was white.

The Congressional Hearing: Recently, the Select Committee on Energy Independence and Global Warming met in Washington to decide what actions Congress should take to ensure our energy dependence and a sustainable environment.. (1) Some of the U.S.’s best scientists in atmospheric science, oceanography, environmental science, climatology, and ecology were called to testify before the committee. They testified that the Earth was indeed warming at an alarming rate, that the cause was primarily CO2 from man’s activity, and that undesirable changes were taking place in the Earth. Those observed changes were melting glaciers and ice caps, rising oceans, acidification of the oceans, invasions of undesirable species, and extinction of species. Their testimony was based on the best scientific evidence and was consistent with a statement on climate change adopted by every major scientific organization in the world. Things looked bad for the fossil fuel industry and those who received large donations from them. Clearly, some sophistry was needed.

Lord Monckton’s Credentials:
The minority party in Congress called as their only witness Lord Monckton from England. His resume says he is a member of the House of Lords, that he was a science adviser to Margaret Thatcher, and that he has a peer reviewed paper on climate sensitivity in the well respected journal of the American Physical Society (APS). He is now the Chief Policy Adviser at the Science and Public Policy Institute. Lord Monckton is extremely qualified to deliver the message he brought. It was as misleading as his resume.

Oops: Strangely, Lord Monckton is not exactly a Lord. He claims to be but, to set the matter straight, the House of Lords has stated that

“Christopher Monckton is not and has never been a Member of the House of Lords.”

And, Lord Monckton is not a scientist. He was more of an economic advisor to Margaret Thatcher. One of his main projects was a policy that contributed to the UK’s version of the recent housing bubble called by some the “Right to Buy” scheme. Lord Monckton has written no “peer reviewed article”. In response to his claim, the APS reaffirmed its position that climate change was occurring and pointed out that Monckton’s article was in a newsletter of the APS Forum that carries the disclaimer that

“This newsletter is not a journal of the APS and it is not peer reviewed.”

The APS further added a disclaimer to the top of Monckton’s article stating:

“Its conclusions are in disagreement with the overwhelming opinion of the world scientific community. The Council of the American Physical Society disagrees with this article’s conclusions.”

Finally, Lord Monckton does actually advise the Science and Public Policy Institute (SPPI). It is an organization critical of government actions to prevent climate change that has recently morphed from the Frontiers of Freedom Institute, an Institute that had received over $1 million in funding from Exxon/Mobil. Some of the SPPI’s members are scientists with compromised objectivity and who are affiliated with other institutes funded by the American Petroleum Institute, Exxon/Mobil, and interests happy with the inaction in Washington.

The Testimony: Lord Monckton’s testimony was consistent with his credentials and a number of articles have been written debunking his claims. (3) A few inaccuracies are listed below to give the flavor of his testimony, which was clearly sophistry:

Levels of CO2 : For instance, he compares today’s CO2 levels with those from 750 million years ago when they were 300,000ppm and then argues

” Therefore, today’s CO2 concentration, though perhaps the highest in 20 million years, is by no means exceptional or damaging. ” … “It is also known that a doubling of today’s CO2 concentration, projected to occur later this century would increase the yield of some staple crops by up to 40% (lecture by Dr. Leighton Steward).”

The problem is that 750 million years ago was about 745 million years before man and modern plants appeared on the scene. The increase in CO2 concentration from 280 ppm to 380 ppm in the last century will have an unknown effect as the Earth’s plants and animals are adapted to levels less than 300 ppm. The higher CO2 levels and warming climate seem to favor invasive species, such as Kudzu. The Dr. Leighton Steward he refers to has never done any plant research. Dr. Leighton Steward is a director at EOG Resources, an oil and gas company (formerly known as Enron), and he is an honorary director of the American Petroleum Institute.

Ocean Acidification: According to Lord Monckton:

” It has been suggested that the oceans have “acidified” – or, more correctly, become less alkaline – by 0.1 acid-base units in recent decades. However, the fact of a movement towards neutrality in ocean chemistry, if such a movement has occurred, tells us nothing of the cause, which cannot be attributed to increases in CO2 concentration.”

However, the “0.1 acid-base units” he refers to is a pH scale, which is logarithmic. A decrease of 0.1 unit means the oceans are now over 20% more acidic than a century ago and the cause is most certainly CO2. Adding CO2 to soda makes it acidic and CO2 is certainly doing the same to the oceans. If the oceans get much more acidic, the coral, the fisheries, the shellfish, and the oxygen-producing plankton that give life to the oceans are threatened.

Temperature Consensus: Again, according to Lord Monckton

“There is no consensus on how much warming a given increase in CO2 will cause.”

Not exactly. Over 50 years ago, G.N. Plass calculated that doubling the CO2 concentration would bring a 3 to 4°C rise in the Earth’s temperature. (4) There have been a number of more accurate calculations since then but they all are in agreement with the range Plass calculated. Also, those calculations are in general agreement with the rising temperatures we are now observing.

“Just Adapt”: Lord Monckton finally gets to the point he was invited to make

” First, it would be orders of magnitude more cost-effective to adapt to any ‘global warming’ that might occur than to try to prevent it from occurring by trying to tax or regulate emissions of carbon dioxide in any way.”

There we have it. Rather than reasonably addressing climate change, Lord Monckton, and some politicians, wish for us to just “adapt to it”. Not really understanding science, Lord Monckton missed one small thing that might become important to England. As the Earth’s temperature increases, the large amounts of fresh water from the melting ice sheets may cause the Gulf Stream to shut down. Without the heat being brought across the Atlantic by the Gulf Stream, England would plunge to glacial temperatures with average winter temperatures of -25°C. I hope Lord Monckton is still around so he can tell his countrymen to “just adapt”.

(1)http://republicans.globalwarming.house.gov/Publications/hearings_markups_details.aspx?NewsID=2797
(2) Much of Lord Monckton’s background can be found on Wikipedia at http://en.wikipedia.org/wiki/Christopher_Monckton,_3rd_Viscount_Monckton_of_Brenchley
(3) See, for instance: http://solveclimate.com/blog/20090327/congressional-hearings-amateurs-invited-confuse-climate-science or http://www.skepticalscience.com/Abraham-shows-Monckton-wrong-on-Arctic-sea-ice.html
(4) Plass, G.N. , “Carbon Dioxide and the Climate.” American Scientist 44: 302-16 (1956), or see the review article at: http://www.aip.org/history/climate/co2.htm#M_25_

The Gulf Oil Disaster: Where Were the Engineers?

     Posted on Fri ,04/06/2010 by admin

Where were the engineers? At the Deepwater Horizon , a number of key decisions may have led to the disaster and affected the outcome. The role of the management in the decisions was to make a profit for the company and to weigh the benefits and risk against the costs. The most important responsibility of the engineers in performing their duties, according to Engineering Code of Ethics, was to

” Hold paramount the safety, health, and welfare of the public.” (1)

Questions that need to be answered as the investigation continues are : Could the ignition sources for the explosion have been avoided? Why were the workers quarters not explosion proof? Why did Halliburton proceed with cementing the well when the results of the pressure tests were inconclusive? Who made the disastrous decision to replace the drilling mud with seawater? Why were problems with the blowout preventer not addressed? Were early efforts directed at trying to save the well or to prevent a major oil spill disaster? Obviously, what has happened cannot be changed but, as the investigation into the cause continues, it is important to know who answered those key questions and why they were answered the way they were. When those key decisions were made, where were the engineers?

The Challenger, A Different Disaster. One of the most studied disasters is that of the Challenger Space Shuttle. (2) Most people think that an engineering failure led to the disaster, but in fact, it was a failure of ethics. One difficult problem in the design of the space shuttle was how to transport the large fuel tanks to the launch site. Morton Thiokol won the contract by designing fuel tanks that could be transported to the site in sections and sealed back together with rubber O-rings. The O-rings were effective down to 40°F, but below that, the rubber stiffens and its ability to seal the tanks had not been tested.

The January 1986 Challenger launch was to carry Christa McAuliffe, the teacher the year, into space. The weather had been cool and uncooperative in Florida that January and there had been several delays in the launch. President Reagan was planning to include the education aspect of the shuttle launch in his State of the Union speech and, for that and other reasons, pressure was building on the shuttle team to proceed with the launch. However, the temperature was predicted to be 29°F on the morning of January 28 and the engineers strongly recommended against the launch. The decision whether to launch was the responsibility of Bob Lund, the vice president of engineering for Morton Thiokol. On the advice of his engineers, he recommended against the launch.

However, Jerald Mason, the general manager of Morton Thiokol, called a meeting to discuss the decision. He asked Bob Lund to “Take off your engineering hat and put on your management hat.” He was asking Lund, in effect, to put aside his engineering ethics and weigh the very unlikely possibility of an accident against the public relations benefits of launching on schedule. Apparently, that argument worked as Lund approved the launch, despite the fact that the predicted launch temperature was outside of the operational specifications. At 59 seconds into the launch, the O-rings failed and the rocket exploded, plunging the Challenger into the ocean and killing all seven astronauts. It was the worst disaster in the U.S. space program’s history.

“Hold paramount the safety, health, and welfare of the public.” In our increasingly technical and complicated world, we often use products and devices designed by engineers. The public, you, me and everyone else, must trust our safety to the engineers who design, test, and make decisions about those products. Engineering schools now include the study of professional ethics in the curriculum and try to convey to students their importance. However, in some instances, engineers do not follow their ethical code because of financial rewards, job security issues, peer pressure, or company loyalty. Often, small ethical violations go unnoticed and unreported unless, or until, they grow into a major problem. Many violations are only discovered and investigated when they lead to a public relations fiasco, a death, a lawsuit, or a major disaster. It is imperative that engineers steadfastly hold paramount their duty to protect the public. Engineers who violate their ethical code and managers who override the engineer’s decisions on safety should be financially and criminally liable for the disasters they cause.

(1) http://www.nspe.org/Ethics/CodeofEthics/index.html

(2) http://ethics.tamu.edu/ethics/shuttle/shuttle1.htm