4Th Amendment Case will have Dramatic Ramifications for OTWs

Posted by Michelle Moquin on June 22nd, 2016

Good Morning!

Anonymous: Thanks for posting. I’m not sure if everyone clicked on your link but I thought another write was due to the importance of what is happening here. Here is an updated write from CNN:

Sotomayor in fiery dissent: Illegal stops ‘corrode all our civil liberties’

Washington (CNN)Supreme Court Justice Sonia Sotomayor on Monday issued a vehement dissent in a Fourth Amendment case — writing that the majority’s opinion sanctions police stops that “corrode all our civil liberties and threaten all our lives.”

The fiery objection came on case where a Utah man challenged his arrest based on a stop that was later found to be unlawful. The 5-3 majority opinion, Sotomayor wrote, will have dramatic ramifications for law-abiding citizens targeted by police, especially minorities.

“It is no secret that people of color are disproportionate victims of this type of scrutiny,” she wrote. “For generations, black and brown parents have given their children ‘the talk’ — instructing them never to run down the street; always keep your hands where they can be seen; do not even think of talking back to a stranger — all out of fear of how an officer with a gun will react to them.

“By legitimizing the conduct that produces this double consciousness, this case tells everyone, white and black, guilty and innocent, that an officer can verify your legal status at any time,” she added. “It says that your body is subject to invasion while courts excuse the violation of your rights. It implies that you are not a citizen of a democracy but the subject of a carceral state, just waiting to be cataloged.”

With four major decisions due in the next week, including cases on affirmative action, abortion and immigration, Sotomayor’s anger signals that what has been a quiet term since the death of Justice Antonin Scalia could get increasingly contentious.

Utah man charged after illegal stop

Utah man Edward Joseph Strieff Jr. was stopped by a police officer who was conducting surveillance on a house based on an anonymous tip about drug activity. After Strieff left the house, the officer detained him and ran his identification, finding an outstanding arrest warrant for a traffic violation.

The officer then searched Strieff, finding methamphetamine and drug paraphernalia, and arrested him. Strieff challenged the conviction, saying the evidence came from an unlawful stop.

While the court held that the initial stop was unconstitutional, due to lack of reasonable suspicion, Justice Clarence Thomas wrote for the majority that overturned the Utah Supreme Court and held that because the arrest warrant was valid, the evidence was admissible.

Thomas portrayed the incident as the result of a couple “at most negligent” mistakes on the part of the officer, and downplayed its broader significance.

“There is no indication that this unlawful stop was part of any systemic or recurrent police misconduct,” he wrote. “To the contrary, all the evidence suggests that the stop was an isolated instance of negligence that occurred in connection with a bona fide investigation of a suspected drug house.”

But Sotomayor said the case was anything but minor.

“Do not be soothed by the opinion’s technical language: This case allows the police to stop you on the street, demand your identification, and check it for outstanding traffic warrants — even if you are doing nothing wrong,” she wrote.

“The Court today holds that the discovery of a warrant for an unpaid parking ticket will forgive a police officer’s violation of your Fourth Amendment rights,” she added.

Sotomayor, joined by Justice Ruth Bader Ginsburg in most of her dissent, laid out an argument that the opinion allows law enforcement broad latitude to violate Americans’ constitutional rights if they can find any small mark against them.

Sotomayor is the first justice of Hispanic heritage and has spoken extensively about how her personal experiences have influenced both her private and public life. But she took care Monday to separate that from her dissent and cite her “professional experience” as a prosecutor and judge.

She used visceral language to paint a picture of the invasion of privacy she believes is allowed by the decision.

“This Court has given officers an array of instruments to probe and examine you,” she wrote. “When we condone officers’ use of these devices without adequate cause, we give them reason to target pedestrians in an arbitrary manner. We also risk treating members of our communities as second-class citizens.”

She continued that being stopped on the street is more than a small “indignity.” She said the officer can search a citizens’ bag, order him or her to stand “helpless,” perhaps even conduct a “frisk.”

“This involves more than just a pat down. As onlookers pass by, the officer may ‘feel with sensitive fingers every portion of (your) body. A thorough search (may) be made of (your) arms and armpits, waistline and back, the groin and area about the testicles, and entire surface of the legs down to the feet.’”

Race played a major role in Sotomayor’s dissent, although the man arrested in the case was white. The ramifications extend to all Americans but especially minorities, she wrote.

“The white defendant in this case shows that anyone’s dignity can be violated in this manner,” Sotomayor wrote.

Justice Elena Kagan also wrote a dissent joined by Ginsburg, while Justice Stephen Breyer joined the conservative panel of Thomas, Chief Justice John Roberts and Justices Samuel Alito and Anthony Kennedy. Kagan made a similar legal argument to Sotomayor, but used milder language to do so.

*****

Thoughts? Blog me.

Lastly, greed over a great story is surfacing from my “loyal”(?) readers. With all this back and forth about who owns what, that appears on my blog, let me reiterate that all material posted on my blog becomes the sole property of my blog. If you want to reserve any proprietary rights don’t post it to my blog. I will prominently display this caveat on my blog from now on to remind those who may have forgotten this notice.

Gratefully your blog host,

michelle

Aka BABE: We all know what this means by now :)

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Posted in Health & Well Being, Human Rights and Equality | 12 Comments »

California Will Finally Ditch Racist, Sexist Welfare Rule

Posted by Michelle Moquin on June 21st, 2016

Good Morning!

From Think Progress:

California Will Finally Ditch Racist, Sexist Welfare Rule

California state Sen. Holly Mitchell (D), who led the fight to repeal the state’s welfare family cap

For more than two decades, any poor mother enrolled in California’s cash welfare program was penalized for giving birth to a new baby. While she would get additional money to cover the children she had before enrollment, the state refused to give her more for the new child. Known as the Maximum Family Grant Rule (MFG), the state’s policy is one of many that were explicitly adopted after welfare was reformed in the mid-90s as an attempt to curb the family size of poor women, often women of color.

Now California is finally ditching the law.

Tucked into the state’s budget is a measure repealing the MFG rule, and Gov. Jerry Brown (D) has said he’ll support it. The budget passed off the floor of the state legislature late on Tuesday evening.

Once the policy is gone, 93,000 families will benefit from an extra $138 a month for each child that had previously been exempt, on average, according to an estimate from the state Department of Social Services. In total, the repeal is estimated to cost the state about $220 million more a year in welfare benefits, but lawmakers will eventually cover that cost through an account that doles out inflationary increases in welfare benefits.

“No child should be treated differently under the law simply because they were conceived and born while their parents were poor,” Jessica Bartholow, legislative advocate at Western Center for Law and Poverty who has been involved in the push to repeal the rule, told ThinkProgress in an email. “Now they won’t.”

California is just the seventh state to repeal a welfare family cap since they went into effect two decades ago in 22 states, joining Illinois, Maryland, Minnesota, Nebraska, Oklahoma, and Wyoming. Still, 12 other states give families no extra money if they have additional children while enrolled in welfare, while two others have flat caps that give families a set amount no matter the number of children they have and still two more reduce benefits for additional children. In 2012, 58,000 families’ welfare benefits were reduced by a family cap policy.

California’s is particularly egregious, however. It was explicitly adopted as an attempt to reduce the number of children born out of wedlock to women on welfare. At the time, then-state Assembly Speaker Curt Pringle (R) called giving families additional benefits for additional children “perverse” and said, “This practice usurps the role of husbands and drives men away from their families.” It also includes an exemption for children conceived due to rape, incest, or the failure of certain forms of birth control, requiring women who seek the exemption to share incredibly intimate details with a case worker — it’s the only state to require women to discuss birth control methods as part of enrolling in an entitlement program.

Despite California lawmakers’ intentions, there is no evidence that family cap laws have an impact on birth rates. The MFG rule also played on the false idea that “welfare queens” were having more children just to get more benefits. Yet people who are enrolled in welfare have the same size families as those who aren’t enrolled. Instead, there’s strong evidence that all family caps do is increase poverty.

*****

Julie: I can’t tell you how many times I say that exact thing. Men especially get perturbed because I’m referring to them. Obviously they aren’t that upset about me/us calling them out because it certainly isn’t stopping them from doing the sick things they do.

Like how a victim gets blamed when the perps get caught - all of a sudden they (The perp) are the ones suffering because the victim went to the police and pressed charges. It was their actions that got them into trouble not the victim who reported it. Yet the pity party continues – As usual, they get pissy when I/we bring it up, as if it’s my/our fault that what they do is broadcast all over this blog.

Oh…grow up, and take responsibility for your actions.

So, listen up men: I’ll/we’ll stop reporting all the disgusting things you do if you stop doing them. Deal? Do I hear a resounding “YES!” from the men? I didn’t think so. OK, I’ll/we’ll carry on then.

Tony: At one time I would’ve been surprised but after writing this blog for so long now, nothing surprises me. I’m still shocked but not surprised.

Nathan: You are a guy so I can see why you would say Bernie is the man. But being a woman, I’m not willing to go down that road this time. If you need my reasons why #I’mwithher, read this.

Scott: Thanks for bringing up fact checking. I think it is super important to see how politicians have voted on certain issues, etc. I have two great resources listed in the left column of the blog to fact check. Or click here and here. If anyone has another source, please post it.

I think this is a great place to end it.

Your turn.

Blog me.

Gratefully your blog host,

michelle

Aka BABE: We all know what this means by now :)

Or if you would like to send a check via snail mail, please make checks payable to “Michelle Moquin”, and send to:

Michelle Moquin PO Box 29235 San Francisco, Ca. 94129

Thank you for your loyal support!

“Though she be but little, she be fierce.” – William Shakespeare Midsummer Night’s Dream

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Posted in Health & Well Being, Human Rights and Equality, Love, Sex & Relationships, Political Powwow | 13 Comments »

Supreme Court May Take Action On State Assault Weapon Bans

Posted by Michelle Moquin on June 20th, 2016

Good morning.

For all of you who are tired of the “moments of silence” (me too, and I mean that with all due respect) that we give to the deceased of these horrific killing rampages, wanting something more to happen than just a moment of silence and pop-up shrines for the dead…how many more moments do we need to have before another AR atrocity occurs ? And now this.

From the Huff Po:

Supreme Court May Take Action On State Assault Weapon Bans

The court has not decided a major gun case since 2010.

WASHINGTON, June 19 (Reuters) – The U.S. Supreme Court may weigh in this week on gun control, an issue smoldering again following the June 12 Orlando massacre, with the justices due to decide whether to hear a challenge by gun rights advocates to assault weapon bans in two states.

The Connecticut and New York laws prohibit semiautomatic weapons like the one used by the gunman who fatally shot 49 people at a gay night club in Orlando in the deadliest mass shooting in modern U.S. history.

The Supreme Court will announce as soon as Monday whether it will hear the challenge brought by gun rights groups and individual firearms owners asserting that the laws violate the U.S. Constitution’s Second Amendment guarantee of the right to bear arms.

The court has not decided a major gun case since 2010.

If they take up the matter, the justices would hear arguments in their next term, which begins in October. A decision not to hear the challenge would leave in place lower-court rulings upholding the laws.

The court’s action in another recent appeal indicated it may be disinclined to take up the matter. The justices in December opted not to hear a challenge to a Highland Park, Illinois ordinance banning assault weapons and large-capacity magazines.

A national assault weapons ban expired in 2004. Congressional Republicans, backed by the influential National Rifle Association gun rights lobby, beat back efforts to restore it. Some states and municipalities have enacted their own bans.

In their petition asking the Supreme Court to hear the case, those challenging the Connecticut law said the type of weapons banned by the state are used in self-defense, hunting and recreational shooting.

Connecticut said its law targets firearms disproportionately used in gun crime, “particularly the most heinous forms of gun violence.” It said people in Connecticut still can legally own more than 1,000 types of handguns, rifles and shotguns.

There is a longstanding legal debate over the scope of Second Amendment rights.

In the 2008 District of Columbia v. Heller case, the Supreme Court held for the first time that the Second Amendment guaranteed an individual’s right to bear arms, but the ruling applied only to firearms kept in the home for self-defense. That ruling did not involve a state law, applying only to federal regulations.

Two years later, in the case McDonald v. City of Chicago, the court held that the Heller ruling covered individual gun rights in states.

!!!!!

Readers: You’ve got your finger on the pulse as much as I do. If you hear any updates on this, please blog me.

Happy Monday.

✌🏽&💜

Gratefully your blog host,

michelle

Aka BABE: We all know what this means by now :)

Or if you would like to send a check via snail mail, please make checks payable to “Michelle Moquin”, and send to:

Michelle Moquin PO Box 29235 San Francisco, Ca. 94129

Thank you for your loyal support!

“Though she be but little, she be fierce.” – William Shakespeare Midsummer Night’s Dream

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Posted in Health & Well Being, Human Rights and Equality, Political Powwow | 22 Comments »

Wonderful Women Of The World

Posted by Michelle Moquin on June 19th, 2016

Hey there, Good Morning!

And this is the man…no boy…who is infantile, racist, misogynistic, narcissistic, will never grow-up to-be-a-man, running for president and people…women, are voting for. Men…no boys, I can understand because they are the same as him…infantile, racist…oh, I already said that.

This woman, my pic for Wonderful Women of The World, is taking this matter in her own hands, and doing something about it.

From Think Progress:

Former Ms. Universe Urges Immigrants To Join Her In Becoming Citizens To Vote Against Donald Trump

ARLINGTON, VIRGINIA — Venezuelan model and actress Alicia Machado says it took her many years to get over get over the abuse she suffered at the hands of Donald Trump when she was crowned Ms. Universe in 1996.

“He made me feel small,” she told ThinkProgress in Spanish. “He threatened me, treated me rudely. He called me ‘Ms. Housekeeping’ in front of his friends.”

Trump, then the owner of the beauty pageant, publicly mocked Machado for gaining weight and forced her to exercise in front of TV cameras. She said she was depressed and suffered from an eating disorder for several years as a result.

“He hates girls,” she said. “He considers girls to be less. We have another status, to him.”

Machado has lived in the U.S. for nearly 20 years now, and has a seven-year-old daughter who is a U.S. citizen. But she didn’t consider becoming a citizen herself until a few months ago, when Trump became the Republican Party’s presumptive nominee.

“It was like a great monster reappearing in my life,” she said. “In the beginning, I thought there was no way this loco will ever win. But after the primaries I realized I need to vote. I can’t invite my community to step up if I won’t do it myself.”

It was like a great monster reappearing in my life

Machado says she became more motivated still after Trump attacked the judge presiding over charges of fraud against Trump University, arguing that because the judge has Mexican parents, he must be biased against Trump.

“Is he saying that if my daughter wanted to be a judge when she grew up, she couldn’t do it fairly because her mom is Venezuelan and her dad is Mexican?” Machado asked. “Would he not see her as American, even though she was born here? It’s absurd.”

Machado, who has passed her citizenship test and is now waiting for her passport to arrive in the mail, is one of hundreds of thousands to do so since Trump’s candidacy began. While it’s impossible to know how many are, like Machado, motivated by a desire to stop Trump from winning, reporting by ThinkProgress and other outlets suggest it’s a strong contributing factor.

Though applications for citizenship always increase during a presidential election year, this year is uniquely high.

If the trend continues, as many as one million new citizens will be casting ballots this November, and they could tip the balance of power in close swing states like Virginia, Florida, Colorado, Nevada, and Ohio. These new citizens are registering to vote at a higher rate than most Americans. New polling suggests as well that Trump’s rhetoric about Latinos is motivating those who are already citizens to become more politically active.

In a press conference this week in Virginia’s Arlington County — which has a large and rapidly growing immigrant population — Machado urged her fellow green card holders to apply for citizenship “right now, this month.”

“We are a free country, and we can’t give that up for a crazy, ignorant, ambitious, misogynistic despot who just wants to slake his thirst for power,” she said of Trump.

*****

Woo Hoo!! You go girl!

Happy Sunday! Oops…I almost forgot…Happy Father’s Day!

Blog me.

Gratefully your blog host,

michelle

Aka BABE: We all know what this means by now :)

Or if you would like to send a check via snail mail, please make checks payable to “Michelle Moquin”, and send to:

Michelle Moquin PO Box 29235 San Francisco, Ca. 94129

Thank you for your loyal support!

“Though she be but little, she be fierce.” – William Shakespeare Midsummer Night’s Dream

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Posted in Human Rights and Equality, Political Powwow, Wonderful Women Of The World | 23 Comments »

100 Is The New 60?

Posted by Michelle Moquin on June 18th, 2016

Happy Saturday!

We all want to live a long life, right? Would you want to live till 100 years of more? I bet most of us would say yes with the caveat being something like, “only if we can hold onto our independence and live a full active life.”

Well according to this article, they believe they have a chance to make 100 years old the new 60… for you, your family, friends and colleagues.

Sound good?

Here’s the write from the 📰 Huff Po:

Extending Your Healthy Lifespan

At Human Longevity Inc. (HLI), our goal is to extend the healthy human lifespan and to revolutionize healthcare.

You’ve often heard me speak about how converging exponential technologies have the potential to disrupt industries. This is a blog providing a detailed overview of the road map for reinventing medicine and extending your “healthy, high-performance” lifespan.

I also want to invite you to join me and Brad Perkins, MD, HLI’s Chief Medical Officer, for a webinar discussing the transformation of healthcare.

I believe we have a chance to make 100 years old the new 60… for you, your family, friends and colleagues.

Info on the webinar is here.

What is HLI?

Two years ago, J. Craig Venter, Ph.D., Bob Hariri, M.D., Ph.D, and I came together with the vision of reinventing healthcare.

Today, healthcare is reactive and retrospective. Today’s system is really more like “sick care” than anything else.

If you are between the ages of 50 and 74, your mortality rates are 30 percent for a man and 20 percent for women.

HLI’s goal is to make healthcare proactive, preventative, and personalized – predicting what disease you are likely to develop, and helping you prevent it in the first place.

HLI capabilities are only possible now because of a number of converging exponential technologies:rapid, accurate whole genome sequencing (which has plummeted in cost five times faster than Moore’s Law);Machine Learning; massive data transmission and storage; and new imaging technologies (or capabilities).

Introducing the Health Nucleus

The Health Nucleus is HLI’s clinical research program based at the company’s headquarters in La Jolla, CA.

It’s where we collect 150 gigabytes of data about you during an 8-hour day gathered through a series of tests and measurements designed to deliver the most complete picture of your health.

At HLI’s Heath Nucleus, we’ll collect the following info about you:

Whole Genome Sequencing: We sequence all 3.2 billion letters in your genome, and we repeat it 30 times to minimize error rate (~113 gigabytes of data). HLI then puts together an integrated report, processed by our machine learning team in combination with our expert team of clinical geneticists, genetic counselors and scientists.
Microbiome: We next sequence the trillions of bacteria that live in your body, called your microbiome. Your microbiome plays a vital role in your immune system and how you digest and absorb foods and medicines.
Metabalome: We next measure the small chemical end products of the biochemical reactions (about 960+ different molecules) that give a direct functional readout of your physiological state.
Full-body MRI: Next, we take a high-resolution full-body MRI (Magnetic Resonance Imaging) scan, able to detect cancer at its early stages. The comprehensive imaging also includes quantitative neurological segmentation to assess evidence of neurodegenerative conditions.
DEXA: a non-invasive imaging test that measures bone density, muscle mass and percentage of body fat. DXA allows us to assess bone loss (osteoporosis), fracture risk, and provide additional insights into body composition.
Gait & Balance Testing: We quantitatively measure your gait and balance as a means to evaluate your physical and neurocognitive function.
4D Echocardiogram: We leverage both 3D and 4D echo imaging to gain insights into your heart structure and function — valves, heart muscle and blood flow.
Echocardiogram & Arrhythmia Monitoring: As part of your Health Nucleus ‘intake’ we’ll collected electrocardiogram (ECG) measurements over a number of days, looking to measure the health and function of you heart, looking for a variety of inherited arrhythmia disorders.
Sleep Apnea Testing: The Health Nucleus will provide an ‘at-home’ sleep monitoring system. Sleep apnea, a very underdiagnosed condition, is associated with obesity, diabetes, cardiovascular disease and an increased risk of stroke.

And more… believe it or not, the list is growing every day as we continue to add new tests and technologies.

What We’ve Learned So Far

After collecting ~150 gigabytes of data about you, we upload that data to our machine learning platform.

The goal of analyzing your health data is two-fold:

1. To analyze and report on your current state of health

2. To make predictions on your future health condition, and ultimately give you a “longevity road map.”

So far, the results have been spectacular…

From our first 200 Health Nucleus clients, we’ve discovered 30 percent have actionable discoveries with immediate clinical impact, or that identify a need for closer ongoing clinical surveillance. The Health Nucleus partners with your physician to develop a personalized health plan.

I have personally received several “thank you for saving my life” messages.

While HLI’s Health Nucleus is not for everyone, and our capacity is limited, if you are interested in participating, the benefits are numerous

Want to Learn More? Join Me & Our Chief Medical Officer

If you’d like to learn more, please join me in an informational webinar I’m holding with our Chief Medical Officer Dr. Brad Perkins.

You can register to participate and listen in to the webinar here: LINK

I invite you to take a look at the future of healthcare and how you might be able to significantly impact your life expectancy.

There has never been a more exciting time to be alive (and stay alive).

— Peter

♥♥♥♥♥

Readers: Lots of comments in the last few days over the outrage of this horrific rape. In my opinion so many comments were so right on. I get so sick of men who commit a disgusting act and then want to get a pity party going because their sick act has ruined their lives. The parents are no different. Thanks for posting the write /SB. Reading the statements of his mother: “…the guilty verdict “destroyed” her family and that her son is a “shattered and broken shell of the person he used to be” and “utterly terrified and traumatized,” got the pity party going.

Umm…shouldn’t those be the words of the VICTIM?! Wasn’t her family destroyed? Wasn’t she the shattered and broken shell of the person she used to be? Wasn’t she the victim who was utterly terrified and traumatized?

He, the rapist brought it upon himself by the actions he decided to take against her. She is the only victim in this case. Jeez…how narcissistic can you be?

What’s on your mind today? Blog me.

✌🏽& ❤️

Gratefully your blog host,

michelle

Aka BABE: We all know what this means by now :)

Or if you would like to send a check via snail mail, please make checks payable to “Michelle Moquin”, and send to:

Michelle Moquin PO Box 29235 San Francisco, Ca. 94129

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