Howard should be in now that Sanjay is out

Sanjay Gupta has announced that he will no longer be a candidate for Surgeon General.  President Obama now has the chance to appoint Howard Dean.

The New York Times has posted this on their politcal blog The Caucus.

The Obama Administration just got a lot less sexy.

Dr. Sanjay Gupta, CNN’s chief medical correspondent and a practicing neurosurgeon who was one of People magazine’s “sexiest men alive” in 2003, has announced that he has withdrawn from being considered as surgeon general, CNN reported.

In one of the comments, Stephen Fox of the New Mexico Sun News has posted  a call for people to email the White House asking them to appoint Howard Dean Surgeon General. 

This should most certainly and most deservedly open the door for Dr. Howard Dean, whom I always felt would be the best possible choice for HHS, and even FDA would be a large enough and challenging enough job for this great American.

So if you agree with Mr. Fox and me, please do email the White House.  Howard Dean deserves a position in the Obama Administration and Surgeon General would be perfect for him.  Dr. Dean as the next Dr. Koop – only sexier.

Getting things through the Senate

William Kristol, Editor of the Weekly Standard, from his column in the Washington Post following the President’s speech to Congress

For Obama’s aim is not merely to “revive this economy, but to build a new foundation for lasting prosperity.” Obama outlined much of this new foundation in the most unabashedly liberal and big-government speech a president has delivered to Congress since Lyndon Baines Johnson. Obama intends to use his big three issues, energy, health care and education, to transform the role of the U.S. federal government as fundamentally as did the New Deal and the Great Society.

Conservatives and Republicans will disapprove of this effort. They will oppose it. Can they do so effectively?

Perhaps — if they can find reasons to obstruct and delay. They should do their best not to permit Obama to rush his agenda through this year. They can’t allow Obama to make of 2009 what Franklin Roosevelt made of 1933 or Johnson of 1965. Slow down the policy train. Insist on a real and lengthy debate. Conservatives can’t win politically right now. But they can raise doubts, they can point out other issues that we can’t ignore (especially in national security and foreign policy), they can pick other fights — and they can try in any way possible to break Obama’s momentum. Only if this happens will conservatives be able to get a hearing for their (compelling, in my view) arguments against big-government, liberal-nanny-state social engineering — and for their preferred alternatives.

David RePass wants to call the Republican bluff.  If they want to implement the delaying tactics and as Kristol says, “slow down the policy train” Harry Reid should let them try.

To reduce deadlock, in 1917 the Senate passed Rule 22, which made it possible for a supermajority — two-thirds of the chamber — to end a filibuster by voting for cloture. The two-thirds majority was later changed to three-fifths, or 60 of the current 100 senators.

In recent years, however, the Senate has become so averse to the filibuster that if fewer than 60 senators support a controversial measure, it usually won’t come up for discussion at all. The mere threat of a filibuster has become a filibuster, a phantom filibuster. Instead of needing a sufficient number of dedicated senators to hold the floor for many days and nights, all it takes to block movement on a bill is for 41 senators to raise their little fingers in opposition.

Historically, the filibuster was justified as a last-ditch defense of minority rights. Under this principle, an intense opposition should be able to protect itself from the tyranny of the majority. But today, the minority does not have to be intense at all. Its members have only to disagree with a measure to kill it. Essentially, the minority has veto power.

The phantom filibuster is clearly unconstitutional. The founders required a supermajority in only five situations: veto overrides and votes on treaties, constitutional amendments, convictions of impeached officials and expulsions of members of the House or Senate. The Constitution certainly does not call for a supermajority before debate on any controversial measure can begin.

And fixing the problem would not require any change in Senate rules. The phantom filibuster could be done away with overnight by the Senate majority leader, Harry Reid. All he needs to do is call the minority’s bluff by bringing a challenged measure to the floor and letting the debate begin.

I have to say that it has long puzzled me that a majority is 60 votes, not 51.  RePass concludes

It also happens to make a great deal of political sense for the Democrats to force the Republicans to take the Senate floor and show voters that they oppose Mr. Obama’s initiatives. If the Republicans want to publicly block a popular president who is trying to resolve major problems, let them do it. And if the Republicans feel that the basic principles they believe in are worth standing up for, let them exercise their minority rights with an actual filibuster.

It is up to Mr. Reid. He can do away with the supermajority requirement for virtually all significant measures and return majority rule to the Senate. This is not to say that the Democrats should ride roughshod over the Republicans. Republicans should be included at all stages of the legislative process. However, with the daunting prospect of having to mount a real filibuster to demonstrate their opposition, Republicans may become much more willing to compromise.

Jean Edward Smith concurred with RePass in his entry on the New York Times blog 100 Days.  Writing on March 1 he pointed out the racist modern history of the filibuster.

In the entire 19th century, including the struggle against slavery, fewer than two dozen filibusters were mounted. In F.D.R.’s time, the device was employed exclusively by Southerners to block passage of federal anti-lynching legislation. Between 1933 and the coming of the war, it was attempted only twice. Under Eisenhower and J.F.K., the pattern continued. In the eight years of the Eisenhower administration, only two filibusters were mounted. Under Kennedy there were four. The number more than doubled under Lyndon Johnson, but the primary issue continued to be civil rights. Except for exhibitionists, buffoons and white southerners determined to salvage racial segregation, the filibuster was considered off limits.

But with the enactment of major civil rights legislation in the 1960s and ’70s, the issue of equality for African-Americans faded from the Senate’s agenda, and the filibuster shed its racist image.

It was during the Clinton years that the dam broke. In the 103rd Congress (1993-1994), 32 filibusters were employed to kill a variety of presidential initiatives ranging from campaign finance reform to grazing fees on federal land. Between 1999 and 2007, the number of Senate filibusters varied between 20 and 37 per session, a bipartisan effort.

The routine use of the filibuster as a matter of everyday politics has transformed the Senate’s legislative process from majority rule into minority tyranny. Leaving party affiliation aside, it is now possible for the senators representing the 34 million people who live in the 21 least populous states — a little more than 11 percent of the nation’s population — to nullify the wishes of the representatives of the remaining 88 percent of Americans.

So this is a challenge to Harry Reid:  Call the Republicans’  bluff, call William Kristol’s bluff and make them filibuster legislation proposed by a President that the latest polls show has a close to 70% approval rating.

The Current State of Baseball and Illegal Drugs

It is no secret to people who know me or anyone who follows this blog and has read my occasional baseball posts but I love baseball.  I follow certain basketball teams but I really don’t watch unless one of them is playing.  Baseball on the other hand, particularly live baseball is a love.  If it is live, I can watch any two teams at any level play.  I think I like the game so much because it one one of the things that my grandfather who spoke little English and I could watch in common.

This spring training 2009, what is the state of baseball.  Well, I think that the use of steroids is down.  George Vescey writes in the New York Times in his column titled “The Incredible Shrinking Baseball Player.”

Baseball clubhouses seem to be getting bigger this spring, with more room to move around. Or maybe the players are becoming smaller.

Out of the roughly 1,000 major leaguers in spring training camps, a couple of dozen appear to have lost significant weight in the off-season, all in the name of health and agility.

Some of them did it by eating grilled fish. Others played active video games with their children. Some went on diet programs or took up yoga. Others cut back on alcohol. Whatever they did, clubhouse attendants are coming up with smaller uniforms all over Florida and Arizona.

Whether or not it is because they are no longer using steroids or because, like many of us non ballplayers, they are discovering a healthier lifestyle, Vescey can’t say.  But he has his suspicions.

“You have to be a little skeptical, given the context of watching bodies change,” Dr. Gary Wadler, an internist and member of the World Anti-Doping Agency, said Thursday. “The explanation then was that they were eating more and working out more. Now if you hear players say, ‘We changed our ways,’ all you can do is be suspicious.”

But the weight loss can be good.

The model for clean living and technique over brute size is Derek Jeter of the Yankees, whose physique and hitting style have never fluctuated since he came up in 1995. Jeter seemed to be quietly seething last week when having to discuss revelations of steroid use by Alex Rodriguez. Not all of us did it, Jeter veritably hissed. That is an important fact to remember as players assert their inner athlete.

Baseball players did not necessarily need all the bulk they were sporting in the last generation, said Dr. Michael Joyner, deputy director and vice dean for research at the Mayo Clinic, an expert in exercise physiology.

“I think it’s better to say people were going in the easier direction,” Dr. Joyner said, referring to past weight gain. “Athletes are supercompetitive. Many of them are almost sociopaths in almost a friendly way,” he added, saying that players would compete in anything, including body mass.

Dr. Joyner recalled the power of a small hitter like Jim Wynn and a slender pitcher like Ron Guidry, of the 1960s and 1970s. He also praised the immortal lefty Sandy Koufax and the four-time Olympic discus champion, Al Oerter, who combined athletic ability and technique.

Still, thin just may be in. This minitrend has been labeled the Pedroia Effect by Greg Lalas, retired soccer player and writer for Goal.com. He was referring to the 5-foot-9-inch, 180-pound second baseman with the Red Sox who hit .326 with 17 home runs last year and was named most valuable player in his league.

I knew I’d get a reference to a member of the Red Sox in there someplace.

But the big story, at least in my mind, is the tie between the Barry Bonds trial for perjury and the tactics of the Bush Justice Department.  Who knew that all those questionable tactics would come home to roost in the trial of a baseball player for using steroids?

David Zirin writing in The Nation and also appearing of the Rachel Maddow show makes this connection.  His story “The US v. Barry Bonds” begins

This is a story about garbage. There’s the actual garbage overzealous federal investigators examined in their efforts to prosecute a surly sports celebrity. There’s the shredding of the Bill of Rights, crudely ignored by the government in the name of obsession and ambition. Finally, there’s the thorough trashing of people’s reputations, not to mention the game of baseball. Welcome to The US v. Barry Bonds; please disregard the stench.

The embodiment of this obsession was IRS agent Jeff Novitzky. He broke open the BALCO case after spending a great deal of time, to the adulation of the press, literally sifting through garbage and sewage.

Novitzky was given the green light by President Bush and Ashcroft to go for the jugular. In 2004, accompanied by eleven agents, he marched into Comprehensive Drug Testing, the nation’s largest sports-drug testing company. Armed with a warrant to see the confidential drug tests of ten baseball players, he walked out with 4,000 supposedly sealed medical files, including every baseball player in the major leagues. As Jon Pessah wrote in ESPN magazine, “Three federal judges reviewed the raid. One asked, incredulously, if the Fourth Amendment had been repealed. Another, Susan Illston, who has presided over the BALCO trials, called Novitzky’s actions a ‘callous disregard’ for constitutional rights. All three instructed him to return the records. Instead, Novitzky kept the evidence….”

It was a frightening abuse of power, all aimed at imprisoning a prominent African-American athlete. Yet despite the landfills of trash, the government’s case always rested on a flimsy premise. Bonds’s contention under oath was that anything illegal he may have ingested was without prior knowledge. The only person who could contradict Bonds was his trainer and longtime friend Greg Anderson. The government pressed Anderson to give testimony. He refused, citing a promise made by the feds that he wouldn’t have to testify after pleading guilty to steroid distribution and money laundering in 2005. The feds stuck him in jail for thirteen months to soften him up, but he didn’t crack.

We all knew that the Bush Justice Department was completely ignoring the Constitution to keep us safe from terroists, but to convict baseball players who used steroids?  I guess it could be a threat to the American pasttime.

It’s way past time to say enough is enough.

Whether or not you are a Barry Bonds fan, or consider him to be just a step above a seal-clubbing, pitbull-fighting bank executive, every person of good conscience should be aghast at the way the Justice Department has gone about its business. Barry Bonds, Greg Anderson and maybe thousands of others have had their rights trampled on, all for the glory of a perjury case that looks to be going absolutely nowhere. Attorney General Eric Holder and President Obama have strongly indicated that the government is getting out of the steroid monitoring business. That is welcome, but after so many years, so many tax dollars and so many reputations destroyed, it all feels positively Pyrrhic.

You can also watch Dave on the Rachel Maddow Show.

I’m sure that there will be another drug.  And I sure that ball players get through the long season and the travel using the occasional upper, but for now at least healthy living seems to be a trend.

Pondering the Year of the Ox

There was an interesting op-ed in today’s Boston Globe about Niu which is the Chinese for Ox.  The writers invoke the spririt of niu as the spirit of President Obama.

Niu has been an important labor force on Chinese farms for thousands of years. Therefore, in Chinese culture, niu is often used to symbolize a hardworking and trustworthy spirit. There is a famous saying in Chinese – “Although niu only eats grass, it produces milk” – which praises niu’s willingness to contribute. In addition, a poem by the 20th-century Chinese writer Lu Xun brings home niu’s attitude of serving without complaining: “To a thousand pointing fingers I defy with fierce brows, and to younglings I’d be fain to bow and serve as a niu.” Niu’s qualities – no-complaints, trustworthiness, unselfishness, and willingness to give and serve the people – are exactly the spirit that we should pursue in a time of uncertainty, anxiety, and fear amid the crisis.

That spirit must inhabit us all. As President Obama said in his inaugural address, there is a demand to return to the truth – the values upon which America’s success depends – including honesty, hard work, courage, and fair play.

The one thing I don’t really understand is the writers seem to be using “ox” and “bull” to refer to the same animal.  In English “bull” refers to a male and would never give milk no matter how much grass he ate.  But that quibble aside, they have a point.  They conclude

In Chinese, crisis (wei ji) means crisis (wei) and opportunities (ji). The crisis may open up an opportunity for the world’s largest developed country and largest developing country to address global challenges instead of triggering a crisis in bilateral relations. Obama has the choice to turn a crisis into an opportunity – if he leads in the spirit of niu and works with world leaders to turn the year of the ox into the year of the bull.

Very Early Monday Morning Thoughts

It is snowing like crazy and I have to get to work.  City Hall is open for some crazy reason.  I got up at 5 to check and started scanning the news.  Not sure exactly why we aren’t supposed to put out the trash, but we are supposed, despite everyone saying to stay home if you can, to get to work.   

The blog RedState.com  has decided to join Rush Limbaugh is calling for President Obama to fail.  I’m not exactly sure why one would want the President to fail.  I think is is related to the Republican hysteria I wrote about several days ago.  If the Republicans are going to come back from the wilderness (and, yes, I realize that just under 50% of the voters did choose John McCain) they need to offer a more coherent message and have some new ideas – or at least package the old ones better – and get off the tax cut kick.  If the tax cuts they like so much really created jobs, would we have the unemployment we have today?  It really didn’t work too well.  And after the Presidents speech to Congress last week, I believe his approval rating went to 67%.

The White House response?

White House Chief of Staff Rahm Emanuel charged Sunday that conservative radio host Rush Limbaugh is “the voice and the intellectual force and energy behind the Republican Party.”

Emanuel, speaking in deliberately soothing tones, told anchor Bob Schieffer on CBS’s “Face the Nation” that Limbaugh has been up front about “praying for failure” by President Obama.

“I think that’s the wrong philosophy for America,” Emanuel said. “What Americans want us to do, and what President Obama has been very clear about, is work together setting our goals …

“Our goal, Bob, is to continue to reach out and it’s our desire that the Republicans would work with us and try to be constructive, rather than adopt the philosophy of somebody like Rush Limbaugh.”

So with the economy still tanking and unemployment rising, I will trudge off in the snow thinking about why anyone wouldn’t want to try something new to try to turn the ship around.  Maybe because the ideas are designed to actually help ordinary people?