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share save 120 16 The Afternoon Flap: December 10, 2012

These are my links for the afternoon of December 10th

  • The Republicans’ dour problem- But there was one breakdown by subgroup that showed a marked divide on the hope factor. By a 57-17 margin, Democrats felt California will be a better place a dozen years from now. Republicans, by a margin of 54-23, believe the state is headed downhill.To some extent, these responses may reflect a chicken-or-the-egg situation. With Democrats in control of all the state’s political offices and institutions, Democratic voters might naturally believe things are headed in the direction they believe is upward. The inverse is likely true among Republicans.But no one wins elections by being dour.As California Republicans regroup and consider a turnaround strategy that must include outreach to the minority and women voters they lost badly this fall, they might also consider taking on one other challenge. Instead of focusing so heavily on what they believe will be the inevitable negative consequences of Democratic policies, they need to begin framing their arguments on why they believe their policies will create a brighter, more hopeful future.

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    I love how the Left-wing Democratic Ventura County Star California State editor likes to lecture the California GOP.

    Timm, California has been a Democratic state for decades.

    Now, it is deeply Blue due to the exodus (decline of California Aerospace economy, businesses moving to to other less taxed and regulated states) and retirement exodus/death of white middle class voters and the influx of non-white immigrants who vote predominantly Democratic.

    Republicans will be a minority of voters, like New York and Massachusetts for decades to come.

    California is a one political party state.

  • Twitter / Dodgers: An official welcome for Hyun-Jin … – RT @Dodgers: An official welcome for Hyun-Jin Ryu from @TommyLasorda:
  • Caffeinated coffee may reduce the risk of oral cancers- A new American Cancer Society study finds a strong inverse association between caffeinated coffee intake and oral/pharyngeal cancer mortality. The authors say people who drank more than four cups of caffeinated coffee per day were at about half the risk of death of these often fatal cancers compared to those who only occasionally or who never drank coffee. The study is published online in the American Journal of Epidemiology. The authors say more research is needed to elucidate the biologic mechanisms that could be at work.Previous epidemiologic studies have suggested that coffee intake is associated with reduced risk of oral/pharyngeal cancer. To explore the finding further, researchers examined associations of caffeinated coffee, decaffeinated coffee, and tea intake with fatal oral/pharyngeal cancer in the Cancer Prevention Study II, a prospective U.S. cohort study begun in 1982 by the American Cancer Society.
  • Capitol Alert: California lost more people to other states than it gained in 2011 – Capitol Alert: California lost more people to other states than it gained in 2011 #tcot
  • ACU Backs Scott for DeMint’s Seat – By Robert Costa – The Corner – National Review Online – RT @robertcostaNRO: ACU backs Scott for DeMint’s seat
  • Capitol Alert: California lost more people to other states than it gained in 2011 – Capitol Alert: California lost more people to other states than it gained in 2011 #tcot
  • Capitol Alert: California lost more people to other states than it gained in 2011 – Census Report: California lost more people to other states than it gained in 2011 #tcot
  • Census Report: California lost more people to other states than it gained in 2011- About 100,000 more Californians moved to another state in 2011 than California gained from other states, a new Census Bureau report reveals.However, more than a quarter-million persons relocated into California from other countries during the year and that, coupled with what demographers call “natural increase” – births minus deaths – meant that the state still gained population.The Census Bureau calculated that 562,343 Californians moved to other states during 2011 with the most popular destinations being Texas (58,992), Arizona (49,635), Nevada (40,114), Washington (38,421), Oregon (34,214), New York (25,761), Colorado (23,234) and Florida (22,420).Meanwhile, 468,428 residents of other states moved to California during the year, with the most numerous domestic immigrants coming from Texas (37,387), Washington (36,481), Nevada (36,159), Arizona (35,650), New York (25,269) and Florida (22,094).
  • RNC launches official review on 2012 election- The Republican National Committee is rolling out a plan to review what worked and what didn’t for the party in the 2012 cycle, appointing five people at the top of a committee that will make recommendations on things like demographics, messaging and fundraising.The Growth and Opportunity Project is going to be chaired by RNC committee member Henry Barbour, longtime Jeb Bush adviser and political operative Sally Bradshaw, former George W. Bush press secretary Ari Fleischer, Puerto Rico RNC committee member Zori Fonalledas, and South Carolina RNC member Glenn McCall. Priebus, who is running for a second term, is holding a call with committee members to roll out the plan this afternoon.The plan is to focus on: campaign mechanics, fundraising, demographics, messaging, outside groups, campaign finance, the national primary process and, last but not least, what the successful Democratic efforts revealed about the way forward, and recommend plans for the way forward, sources familiar with the plan said.
  • Delta Dental of California wins five-year $2.6B Defense Department contract – Delta Dental of California said Thursday that it’s been awarded a new five-year. $2.6 billion U.S. Department of Defense contract for the TRICARE Retiree Dental Program.
    However, most of the $2.6 billion is paid out to dentists who provide services for enrollees in the program, according to a Delta Dental of California spokeswoman. On other contracts, Delta Dental has said it gets roughly 10 percent of the total.
    The contract renews an existing five-year deal. The program, first authorized by Congress in 1997, offers voluntary dental benefits to the nation’s 5 million uniformed services’ retirees and family members, according to the company. Currently, it serves 1.3 million enrolleess.
  • Nikki Haley: I won’t appoint a ‘placeholder’ – RT @rachelweinerwp: Haley announcement fuels Tim Scott speculation
  • (404) http://t.co/xgS – RT @nikkihaley: As I continue to consider the impending U.S. Senate vacancy, many have discussed the possibility of a… …
  • Marriage and Self-Government – National Review- The Supreme Court should reverse these lower-court rulings, and straightforwardly affirm the right of the people in any state to act, constitutionally or legislatively, to adopt the traditional view of marriage as a relationship oriented toward procreation. The justices need not themselves hold that view — they may consider it outmoded or rationally inferior to a conception of marriage that treats it first and foremost as an emotional union of adults — to see that the Constitution erects no barrier to it, and that states therefore have the freedom to act on it.Of the various arguments advanced for a constitutional “right” of same-sex marriage, none withstands even momentary scrutiny by accepted standards. Are gays and lesbians a powerless and oppressed minority? One can hardly say that after the November elections, in which the cause of same-sex marriage was victorious in four states, in a year when it was also embraced by the president of the United States and enshrined in the platform of the larger of our major parties. Is it rationally indefensible to reserve the institution of marriage to the only kind of union — one man and one woman — that is capable of procreation, and to the kind of union that is proven to be the best general setting for the rearing of children? The question answers itself.
  • The Sebelius Coverup – Obamacare’s insurance exchanges need scrutiny – Many states are wisely signaling that they aren’t interested in doing the Obama administration’s bidding on Obamacare. As a result, many if not most of Obamacare’s insurance exchanges — the heart of the beast — will have to be set up and run by the Obama administration at the federal level.
  • When Obamacare fails: The playbook for market-based reform – Amid a protracted rollout, the real-world evidence keeps mounting: the Affordable Care Act (Obamacare) is too costly to finance, too difficult to administer, too burdensome on doctors, and too disruptive of health care arrangements that Americans prefer. The need to replace it has never been stronger, yet full repeal is unviable in the short-term. The long-term task for reformers is to lay out a convincing case, not for a return to the former status quo, but for the kind of patient-centered health care system only a market-based model can deliver. But what policy changes would that entail? And what would they mean for patients and providers? American Enterprise Institute resident fellow Tom Miller answers these and other questions:
  • Notre Dame Professor: Upwardly Mobile Mexican-Americans Not Moving Right- Professor Jose E. Limon, director of the Institute for Latino Studies at Notre Dame, made an interesting contribution to the discussion of the Latino vote Monday night at the Mexican Cultural Institute in Washington. He suggested that identification with the Democratic Party has solidified as an enduring feature of Mexican-American identity.Here are some excerpts from his comments, which came during a discussion of a new book, Mexico & Mexicans in the Making of the United States:After observing that the Latino vote comes “substantially” from the middle class and lower-middle class, Limon said:We have this model of political behavior that also says to us that when a class acquires middle-class status, it starts shifting to the right. That has not happened with Mexican-Americans. I can’t tell you it might not happen 30 years from now, but right now that doesn’t seem to be happening. We are seeing the emergence of a Mexican-American middle class that is decidedly bicultural in many ways, in some cases decidedly bilingual, and that is also still upholding its traditional historical adherence to the progressive Democratic Party.
  • Is the GOP Digital Team (Still) in Denial? -
  • Flapsblog Posts / President Obama warmly greets PSY at the White House despite rappers anti-American vile lyrics – President Obama warmly greets PSY at the White House despite rappers anti-American vile lyrics via @pinterest
  • Flap’s Dentistry Blog: ObamaCare – The Affordable Care Act and Dentistry – ObamaCare – The Affordable Care Act and Dentistry
  • Day By Day December 9, 2012 – Carrots – Flap’s Blog – Day By Day December 9, 2012 – Carrots #tcot
  • November election was a tipping point for California ethnic voters- It’s no secret that California’s population has been getting more diverse for decades. More recently, the composition of the state’s electorate has begun to mirror the population. But the people who actually showed up and voted on Election Day have remained whiter, and older, than the pool of registered voters.No more.It appears that for the first time, California Latinos, Asian-Americans and blacks voted last month in numbers roughly equivalent to their share of registered voters. About 40 percent of California’s electorate is now non-white. And ethnic voters made up about 40 percent of those who mailed in their ballots or went to the polls Nov. 6.This should be a wake-up call to Republicans, here and across the country.

    While white voters in California still lean conservative and will support Republican candidates, ethnic voters are overwhelmingly Democrats or independents who sympathize with that party. If Republicans can no longer count on large numbers of those voters to stay home on election day, the party is going to have to appeal to them — or risk permanent irrelevance.

    ========

    No tipping point Dan.

    California is a blue state that has become more blue with the decline of the white population (deaths and out migration).

    The California GOP except in a few areas of the state where whites and the affluent predominate will be irrelevant – just like in New York and Illinois.

  • PUC set to OK free phones for homeless – Come and Get Your Obama Phone Californians- Homeless and other poor people in California are on track to soon get virtually free cell phones and service so they can keep in touch with family, potential employers and others crucial to improving their lives.The cell phones would be handed out through a federally funded Lifeline program – already operated by service provider Assurance Wireless in 36 other states – that is likely to win final approval in the next couple of weeks from the California Public Utilities Commission.========California has gone mad…..
  • The Morning Flap: December 10, 2012 – Flap’s Blog – The Morning Flap: December 10, 2012 #tcot
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share save 120 16 The Afternoon Flap: December 7, 2011

These are my links for December 6th through December 7th:

  • Alec Baldwin: A Farewell to Common Sense, Style, and Service on American Airlines – First off, I would like to apologize to the other passengers onboard the American Airlines flight that I was thrown off of yesterday. It was never my intention to inconvenience anyone with my “issue” with a certain flight attendant.

    I suppose a part of my frustration lay with the fact that I had flown American for over 20 years and was brand loyal, in the extreme. The ticketing agents and Admiral’s Club staff have always been nothing but abundantly helpful to me, as I have flown hundreds of thousands of miles with the one carrier.

    My confusion began when the flight, already a half hour behind schedule, boarded, the door closed, and we proceeded to sit at the gate for another fifteen minutes. I then did what I have nearly always done and that was to pull out my phone to complete any other messaging I had to do before take off. In nearly all other instances, the flight attendants seemed to be unbothered by and said nothing about such activity, by me or anyone else, until we actually were pulling away from the gate.

  • Sarah Palin Won’t Endorse Before Iowa Caucuses – Sarah Palin told Fox Business Network today that she will not be endorsing a candidate in the next few weeks.

    “Not before Iowa,” Palin said, in an interview set to air at 10 p.m. EST on FBN. “And Iowa’s not the end of the road. It’s the beginning of the road really. Newt Gingrich, I believe, has risen in the polls because he has been a bit more successful than Romney in reaching out to that base of constitutional conservatives who are part of the tea party movement. He hasn’t been afraid of that movement. He has been engaged in that movement most recently in order for them to hear his solutions and there’s been some forgiveness then on the part of Tea Party Patriots for some of the things in Gingrich’s past.”

  • Obama administration refuses to relax Plan B restrictions – The federal government Wednesday rejected a request to let young teenage girls buy the controversial morning-after pill Plan B directly off drugstore and supermarket shelves without a prescription.

    In a rare public split among federal health officials, the Health and Human Services Department overruled a decision by the Food and Drug Administration to make the drug available to anyone of any age without a restriction.

    In a statement, FDA Administrator Margaret A. Hamburg said she had decided the medication could be used safely by girls and women of all ages. But she added that Health and Human Services Secretary Kathleen Sebelius had rejected the move.

    “I agree … there is adequate and reasonable, well-supported, and science-based evidence that Plan B One-Step is safe and effective and should be approved for nonprescription use for all females of child-bearing potential,” Hamburg said.

    “However, this morning I received a memorandum from the Secretary of Health and Human Services invoking her authority under the Federal Food, Drug, and Cosmetic Act to execute its provisions and stating that she does not agree with the Agency’s decision to allow the marketing of Plan B One-Step nonprescription for all females of child-bearing potential,” she said.

  • Death penalty dropped against Mumia Abu-Jamal – Prosecutors on Wednesday abandoned their 30-year pursuit of the execution of convicted police killer Mumia Abu-Jamal, the former Black Panther whose claim that he was the victim of a racist legal system made him an international cause celebre.

    Abu-Jamal, 58, will instead spend the rest of his life in prison. His writings and radio broadcasts from death row had put him at the center of an international debate over capital punishment.

    Flanked by Officer Daniel Faulkner’s widow, Philadelphia District Attorney Seth Williams announced his decision two days short of the 30th anniversary of the white policeman’s killing.

    He said continuing to seek the death penalty could lead to “an unknowable number of years” of appeals, and that some witnesses have died or are unavailable after nearly three decades.

    “There’s never been any doubt in my mind that Mumia Abu-Jamal shot and killed Officer Faulkner. I believe that the appropriate sentence was handed down by a jury of his peers in 1982,” said Williams, the city’s first black district attorney. “While Abu-Jamal will no longer be facing the death penalty, he will remain behind bars for the rest of his life, and that is where he belongs.”

    Abu-Jamal was originally sentenced to death. His murder conviction was upheld through years of appeals. But in 2008, a federal appeals court ordered a new sentencing hearing on the grounds that the instructions given to the jury were potentially misleading.

    After the U.S. Supreme Court declined to weigh in two months ago, prosecutors were forced to decide whether to pursue the death penalty again or accept a life sentence without parole.

    Williams said he reached the decision with the blessing of Faulkner’s widow, Maureen.

  • Poll Watch: A Majority of California Voters Favor Governor Jerry Brown’s Pension Reform Plans » Flap’s California Blog – Poll Watch: A Majority of California Voters Favor Governor Jerry Brown’s Pension Reform Plans
  • Anti-union “paycheck protection” measure qualifies for Nov. 2012 ballot | Politics Blog | an SFGate.com blog – Anti-union “paycheck protection” measure qualifies for Nov. 2012 California ballot #catcot
  • President 2012 GOP Poll Watch: Newt Gingrich Leads BIG in 3 Early States – Is Newt the Nominee? | Flap’s Blog – FullosseousFlap’s Dental Blog – President 2012 GOP Poll Watch: Newt Gingrich Leads BIG in 3 Early States – Is Newt the Nominee? #tcot #catcot
  • Taegan Goddard’s Political Wire – RT @pwire: New polls from Iowa, New Hampshire, South Carolina and Florida will be out within the hour…
  • O’Grady v. Superior Court – 139 Cal. App. 4th 1423, 2006 WL 1452685 (Cal. App. , 6th Dist., May 26, 2006) – Apple Barred From Obtaining Source Of Blog’s Article

    Reversing the court below, the California Court of Appeals holds that the Stored Communications Act prohibits an ISP that hosted a blog’s email account from disclosing e-mails sent to the blog in response to a subpoena issued in a civil litigation.  The subpoena sought production of e-mails that would permit Apple Computer (“Apple”) to identify the individual(s) who transmitted trade secret information about an as yet unreleased Apple product to the blog/website Power Page, which information was the source of articles Power Page subsequently published on its blog/website.

    The Court further held that petitioners, who acted as publishers of, and/or editors or reporters for, the news blogs that published the stories at issue about this Apple product, were entitled to a protective order against their disclosure of the confidential sources of their stories.  Notwithstanding Apple’s claim that the information petitioners received from these services constituted trade secrets disclosed in violation of confidentiality agreements each of its employees had signed, the Court held such disclosure barred by both California’s Reporter’s Shield Law and the First Amendment.  The Court held that the Shield Law, which prohibits a court from holding in contempt a publisher, editor or reporter of “a newspaper, magazines or other periodical publication” for failing to disclose the source of a published story, protected petitioners, publishers and/or reporters of news blogs, from having to disclose the sources of the stories at issue.  The First Amendment similarly provided protection, given Apple’s failure to fully exhaust other avenues of disclosure before pursuing discovery from petitioners.

  • Crystal Cox, Oregon Blogger, Isn’t a Journalist, Concludes U.S. Court–Imposes $2.5 Million Judgement on Her – A U.S. District Court judge in Portland has drawn a line in the sand between “journalist” and “blogger.” And for Crystal Cox, a woman on the latter end of that comparison, the distinction has cost her $2.5 million.
    Speaking to Seattle Weekly, Cox says that the judgement could have impacts on bloggers everywhere.

     

    “This should matter to everyone who writes on the Internet,” she says.

    Cox runs several law-centric blogs, like industrywhistleblower.com, judicialhellhole.com, and obsidianfinancesucks.com, and was sued by investment firm Obsidian Finance Group in January for defamation, to the tune of $10 million, for writing several blog posts that were highly critical of the firm and its co-founder Kevin Padrick.

    Representing herself in court, Cox had argued that her writing was a mixture of facts, commentary and opinion (like a million other blogs on the web) and moved to have the case dismissed. Dismissed it wasn’t, however, and after throwing out all but one of the blog posts cited by Obsidian Financial, the judge ruled that this single post was indeed defamatory because it was presented, essentially, as more factual in tone than her other posts, and therefore a reasonable person could conclude it was factual.

    The judge ruled against Cox on that post and awarded $2.5 million to the investment firm.

  • Unlike Oregon, Bloggers Are Journalists in Washington State, Do Qualify for Legal Protections – This morning we told you about the troubling case of Crystal Cox, the Oregon blogger who was successfully sued for defamation, thanks in part to a federal court ruling that she isn’t a “journalist” and therefore doesn’t qualify for the state’s media shield laws. Now, the man who wrote the shield laws in Washington state has weighed in on whether such a ruling would fly here.
    Bruce E. H. Johnson, attorney with Davis Wright Tremaine, is a veteran litigator in the field of free speech and media law. In 2006 he drafted Washington state’s media shield legislation, and in 2007 the state legislature passed it into law.

     

    He says that had Cox’s case been heard in a Washington court, the outcome (at least in regards to the shield law) would have most likely been different.

    “I believe the shield law would have been applied [in Washington state],” Johnson tells Seattle Weekly. “Oregon’s law was probably written before blogging was accounted for

  • Flap’s Dentistry Blog: The Morning Drill: December 7, 2011 – The Morning Drill: December 7, 2011
  • President 2012: Newt Gingrich the Worst of Both Worlds? | Flap’s Blog – FullosseousFlap’s Dental Blog – President 2012: Newt Gingrich the Worst of Both Worlds? #tcot #catcot
  • Blagojevich gets 14 years in prison for corruption – CNN Political Ticker – CNN.com Blogs – RT @PoliticalTicker: BREAKING: Blagojevich sentenced to 14 years in prison -
  • Dilbert December 7, 2011 – Lower the Expectations? » Flap’s California Blog – Dilbert December 7, 2011 – Lower the Expectations?
  • Day By Day December 7, 2011 – In Your Face Politics | Flap’s Blog – FullosseousFlap’s Dental Blog – Day By Day December 7, 2011 – In Your Face Politics #tcot #catcot
  • @Flap Twitter Updates for 2011-12-07 | Flap’s Blog – FullosseousFlap’s Dental Blog – @Flap Twitter Updates for 2011-12-07 #tcot #catcot
  • Getting to a Brokered Convention | RedState – RT @fivethirtyeight: Some Republican donors still trying to draft new candidate.
  • No TR: The Limits of Obama’s Bully Pulpit – 2012 Decoded – Sorry but Prez Obama is NO Teddy Roosevelt – not even close -
  • Flap’s California Afternoon Collection: December 6, 2011 » Flap’s California Blog – Flap’s California Afternoon Collection: December 6, 2011
  • (500) http://flapsblog.com/2011/12/06/the-afternoon-flap-december-6-2011/ – The Afternoon Flap: December 6, 2011 #tcot #catcot
  • Heartbreak Awaits Republicans Who Love Gingrich: Ramesh Ponnuru- Bloomberg – Heartbreak Awaits Republicans Who Love Gingrich
share save 120 16 The Afternoon Flap: December 7, 2011

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