DOJ files brief in support of health care reform law

[JURIST] The US Department of Justice (DOJ) [official website] on Friday filed a brief [text, PDF] with the US Court of Appeals for the Eleventh Circuit [official website], arguing that the health care reform law [HR 3590; JURIST news archive] is constitutional. In January, a judge for the US District Court for the Northern District of Florida struck down the law [JURIST report] as a violation of the Commerce Clause [Cornell LII backgrounder] of the US Constitution. In its brief, the DOJ argued that the interstate health market can be regulated by Congress because it is fundamentally different from other markets due to the pervasive government involvement in health care spending. It also argued that the minimum coverage provision, which is the focus of the litigation, is constitutional because it regulates only economic activity, disputing the lower court's finding that failure to purchase health insurance could not be regulated as interstate commerce. Citing to the US Supreme Court case of Gonzales v. Raich [JURIST report], the brief argued that there only needed to be a rational basis [Cornell LII backgrounder] for Congress to believe that the regulated conduct substantially affects interstate commerce, which was met here.

Congress's findings and the legislative record leave no doubt that the minimum coverage provision—which regulates the way people pay for services in the interstate health care market—is a valid exercise of the commerce power under the standards established by the Supreme Court. It regulates activity that is commercial and economic in nature, and that substantially affects interstate commerce. First, Congress found that people who consume health care without insurance shift billions of dollars of costs annually to other participants in the interstate health care market. Second, Congress found that the minimum coverage provision is key to the viability of the Act's regulation of medical underwriting, which guarantees that everyone will be insurable regardless of illnesses or accidents.

The DOJ also argued that the law was constitutional as an exercise of Congress's taxing power, and that plaintiffs did not have standing to bring the suit in the first place. The Eleventh Circuit denied the petition for initial hearing en banc [JURIST report] in the appeal. The order confirmed that the appeal will nonetheless be expedited. Oral arguments are currently scheduled for June 8 before a randomly-selected three-judge panel. The identities of the panel members will not be disclosed until at least 14 days before the arguments. Last month, the Obama administration filed a brief with the court contesting the plaintiff states' request [JURIST report] to have the appeal heard by an en banc court. Last month, Virginia Attorney General Kenneth Cuccinelli filed a petition for a writ of certiorari [JURIST report] with the US Supreme Court asking the court to rule on the constitutionality of the law on an expedited basis, before the US Court of Appeals for the Fourth Circuit rules on the issue, but the Obama administration opposes the petition [JURIST report]. In January, a judge for the US District Court for the Western District of Virginia dismissed a lawsuit [JURIST report] challenging a provision of the health care reform law. In October, a federal judge in Michigan ruled that the law is constitutional [JURIST report] under the Commerce Clause as it addresses the economic effects of health care decisions, and that it does not represent an unconstitutional direct ta

DOJ files brief in support of health care reform law

Health Care’s Strain on Environment Could Be Less

A new study suggests health IT systems can help reduce negative impacts on the environment. Photo: Wikimedia Commons, Norbert Kaiser

A Kaiser Permanente study into the use of health information technology concludes that electronic health records could lower carbon dioxide emissions by as much as 1.7 million tons if used across the whole U.S. population.
Health care-related activities contribute as much as 8 percent of the total U.S. greenhouse gas emissions, but the study suggests this can be curtailed with greater adoption of technology within the healthcare system.
READ: Health Care Reform’s Eco Impact
The study also went in depth on Kaiser Permanente’s existing health IT systems. It found that the health insurance company saved 1,044 tons of paper for medical charts; reduced toxic chemicals by 33.3 tons from X-ray machines by digitizing and archiving scans; and saved up to 92,000 tons of CO2 emissions by replacing face-to-face patient visits with virtual ones.
In 2004, President Bush signed an executive order to establish this kind of technology in hospitals, not only for the environmental benefits, but also for the improved efficiency and economic value. A RAND Health study found that widespread adoption of health information technology could save the U.S. healthcare system $81 billion annually.
But until recently, adoption numbers have been low.
Last year, the top five medical groups, including Kaiser Permanente, banded together to create a patient information exchange consisting entirely of electronic health records.
Obama administration incentives, up to $44,000 per physician, may have helped spur the endeavor, but health information technology has a long way to go before all of the potential benefits are see

Health Care’s Strain on Environment Could Be Less

Canucks Vs. Predators, Game 4: Ryan Kesler Becomes The Hero In Vancouver's 4-2 Victory

Ryan Kesler hadn't scored in the playoffs before heading to Nashville. The land of honky-tonk bars and neon dreams has served Kesler well as he has three goals in two games including two game winning goals for the Canucks. His second game winning goal in two nights have given the Canucks a 4-2 victory in Game 4 and a 3-1 series lead over the Predators.
Nashville's Cody Franson scored his first career playoff goal early in the third on a puck that couldn't even be seen by the television cameras. David Legwand set the play up behind the net and found Cody Franson at the blue line. Franson wound up and shot the puck which went in the net, but was lost by Vancouver goaltender Roberto Luongo and all of the television cameras in the building.
Vancouver regained the lead off of a Ryan Kesler goal at the 7:28 mark of the third period on a Ryan Kesler goal. Kesler entered the zone on the powerplay and powered his way past two Nashville defensemen and found a open spot to beat Pekka Rinne. It is Kesler's second game winning goal, his first of the playoffs coming on the powerplay in Game 3. The Canucks sealed the deal with an empty net goal late in the third period.
The Canucks offense outshot the Predators 28-21 in the game and winning goaltender Roberto Luongo made 19 saves in the win. In the loss, Pekka Rinne made 25 saves.

Canucks Vs. Predators, Game 4: Ryan Kesler Becomes The Hero In Vancouver's 4-2 Victory

Royal in a thriller

In a match that swung vigorously from side to side , Royal pulled off a hard fought 11 points (1 try and 2 penalties) to 10 (2 tries) win over Isipathana to regain the Major Milroy Fernando Memorial Trophy at the Royal Sports Complex grounds yesterday.

Royal captain and Number 8 Shehan Pathirana tries to break off from a tackle by a Isipathana player. An incident in the Royal-Isipathana school rugby encounter which Royal won 11-10 to regain the Milroy Fernando Trophy at the Royal Sports Complex grounds yesterday. Pic: Kavindra Perera

Royal almost handed over the game on a platter to their opponents when in the second half while working their three quarter line a Royal player dropped the ball and a Isipathana player booted the loose ball into the Royal territory and Mekalanka Pramod fell over a to score a unconverted try.
With the score reading 11-10 in favour of Royal , Isipathana had their last chance to push for a win but the last minute penalty was missed by Prashan Attanayake.
Isipathana ran the ball and made full use of possession at every opportunity and at times poor ball handling at crucial moments deprived them from scoring.
Royal played with their forwards, but could not make much headway due to some effective tackling by Isipathana. During the major part of the first half Royal defence looked fragile but Isipathana could not really capitalise on it.
Isipathana missed their first scoring opportunity when skipper Prasad Devinda missed a relatively easy thirty five meter penalty. Then Mekalanka Pramod covered good ground to touch down claiming a try, but referee Pradeep Fernando disallowed it due to knocking on.
Arshad Jamaldeen missed an easy 25 meter penalty for Royal and both teams were trying hard to break the dead lock.
Finally Isipathana managed to draw first blood through their winger Mekalanka Pramod who touched down for an unconverted try and Isipathana led 5-0. Isipathana should have added another three points to their tally not for skipper Prasad Devinda failing to put over a penalty. Arshad Jamaldeen reduced the deficit 3-5 by firing over a penalty.
Isipathana led 5-3 at the breather.
On resumption Jamaldeen put over another penalty for Royal to take the lead 6-5.
Royal playing with better cohesion scored their first try when Arshad Jamaldeen's cross kick was followed by the winger and skipper Shehan Pathirana who gave the finishing touches falling over. Jamaldeen missed a difficult conversion.
During the mid second half Royal made a costly mistake when their three quarters dropped the ball near their goal line and a Isipathana player Mekalanka Pramod booted the ball and fell over.
Play was held up in semi darkness due to a section of the crowd throwing objects at the side referee soon after a Isipathana player was sent off the field.
When play resumed Isipathana was awarded a penalty and their last chance of winning faded away when Attanayake fluffed with the kick.

Royal in a thriller

LeBron James, Dwyane Wade Destroy Celtics Down the Stretch to Help Heat Take 2-0 Series Lead

IAMI -- With seven minutes left in the Celtics' Game 2 of their Eastern Conference semifinal series with the Miami Heat, they had a clean slate and a chance to steal a difficult road win from the South Beach behemoth.
It was 80-80. After all the minor injuries, all the scoreless stretches and all the explosions of athleticism and scoring from LeBron James and Dwyane Wade, it was even-steven. All the Celtics needed was one last push to pull off a comeback win, tie the series 1-1, and head home with a chance to pull away.

Instead, they watched the Heat go off for a 14-0 run, and they're headed back to Boston with their tail between their legs, down 2-0.

"They scored and we couldn't score," Doc Rivers said. "Honestly, let's just simplify it.

"I always say that if we can't score down the stretch, that's always on me. I've got to do something different. I've got to go to Paul [Pierce] more. I've got to get Ray [Allen] more shots. But I've got to tell you, for me today was tough, because I didn't know who the hell was healthy."

That's pretty much where the Celtics stand right now -- aside from being defeated twice in Miami on the scoreboard, they're also looking defeated physically. Rajon Rondo battled back pain on Tuesday night, Pierce left early with a strained foot, and Allen revealed postgame that he needed medical attention Tuesday night after taking a hard elbow from James and feeling short of breath. Not to mention a certain 39-year-old Hall of Fame-bound big man.

The C's had been through a lot in 41 minutes on Tuesday night. They just didn't have enough left in the tank for the final seven.

Between the 7:09 and 3:19 marks in the fourth quarter, the Celtics went without a single point. They tried to get the ball inside, but at a certain point it just wasn't happening for them. They started settling for jumpers, they kept missing, and the discouragement just kept building.

Meanwhile, LeBron and Wade were slicing and dicing the Celtics' defense, cruising late to a 102-91 win. This much has been proven -- if the game is reduced to a battle of individual scorers, then you might as well anoint the Heat now.

"We're not winning that way," Rivers said. "I told you that before the series started. We're not a one-on-one basketball team. I think Paul may be the only one, really, that can beat guys on his own. But they're going to send help, usually with Rondo's guy, making it difficult for him to do that. That's just not who we are."

The Celtics' 2-0 deficit is no fluke. Through two games, they've been the far inferior team. They went into enemy territory and got outplayed by two fantastic players thriving in front of their home crowd. Wade had 38 points in Game 1, James had 35 in Game 2. They haven't just been hot, right now, they're just better.

The C's have never been down 2-0 in the Big Three era. The last time Boston trailed a postseason series after two games, it was the first round of the Eastern Conference playoffs in 2004, against the Pacers. Back before Jermaine O'Neal was a Celtic, James Jones was on the Heat and Reggie Miller was on TNT, they teamed up to sweep Boston in the playoffs.

For this group? This is a totally new situation. And it's one that they'll have to stew in for the next three days.

"I've learned over the course of my life and my career that the adversity that we face is ultimately what makes us who we are," Allen said. "That's why we're all here. Being down 2-0 doesn't scare any of us. It doesn't make us nervous. It's just an opportunity to come out and shine. We have an opportunity to go home and play in front of our crowd and put some good basketball out there."

The layoff -- Game 3 isn't until 8 p.m. Saturday -- couldn't possibly come at a better time. The Celtics need a few days to erase the effects of these first two games, both physically and mentally, and as luck would have it those days are on the schedule.

The Celtics are down. Soon, they might be out. But they have some time to refresh themselves and refocus for what's ahead.

"The rest is good," Rivers said. "It's very good for us, because we are a little banged up. Tomorrow I told them to go golfing, go do whatever they want to do. Stay away from each other, stay away from film, and just stay away from basketball. Just relax. Then we'll get right back at it on the next day and build up until Game 3. Game 3 will be in Boston, and we like being in Bosto

LeBron James, Dwyane Wade Destroy Celtics Down the Stretch to Help Heat Take 2-0 Series Lead

BP to Pay $25 Million as Penalty for Alaskan Oil Pipeline Spill in 2006

On May 3, BP Exploration Alaska, Inc. made an agreement to pay $25 million as a penalty to Alaska.  This penalty came to BP as a result of spilling more than 5,000 barrels of crude oil from its pipelines on Alaska’s North Slope in 2006. About $20 million of the fee that BP is required to pay will go to Oil Spill Liability Trust Fund, and the remaining amount will be put into the US Treasury.
The cause of the spill was corrosion of BP’s pipeline.  The Alaskan government filed suit against BP in Anchorage federal court in March 2009 for inadequate maintenance.
Representation for BP was given by Randal Buckendorf, chief counsel, as well as outside counsel Carol Dinkins, who is from Vinsen & Elkins Houston office.
According to Ignacia Moreno, assistant attorney general for the Justice Department’s Environment and Natural Resources Division, “This penalty should serve as a wake-up call to all pipeline operators that they will be held accountable for the safety of their operations…”
It has already cost BP $200 million to replace the leaky pipelines, and according to the settlement yesterday, it is now required to develop a program that is system-wide to manage the integrity of its 1,600 miles of pipeline on the North Slope of Alaska, which will cost about $60 million more.
Since the spill in 2006, BP also paid a criminal fine of $20 million after pleading guilty in 2007 to a misdemeanor violation of the Clean Water Act.

BP to Pay $25 Million as Penalty for Alaskan Oil Pipeline Spill in 2006

Sony Ericsson Xperia Mini and Xperia Mini Pro Android 2.3 (Gingerbread) Smartphone Announced

ony Ericsson revealed plans to introduce its second generation with two new Xperia minis: the Xperia Mini and Xperia Mini Pro smartphone.
The new Xperia mini line has two options: the standard version, and the "pro" version which has a slide-out keyboard. In many other respects, however, these devices have undergone quite a bit of change.
In the first place, because they have a bigger 3.0" screen, the Xperia Mini is actually slightly larger than the previous generation. The width and thickness have remained the same across generations, however.

Secondly, the screen resolution has been bumped up from 240 x 320 (QVGA) to 320 x 480 (HVGA), an improvement which coincides with the improved 720p 5 megapixles video camera capability of the device. Sony Ericsson says the Xperia Mini will be the smallest HD-capable Android smartphone available.
Finally, it has been equipped with a 1GHz Qualcomm Snapdragon processor and Android 2.3 (Gingerbread).
Xperia Mini is a GSM-compatible device, with support for HSPA (900/2100) and GPRS/EDGE (850/900/1800/1900) or HSPA (850/1900/2100) and GPRS/EDGE (850/900/1800/1900).

Sony Ericsson Xperia Mini and Xperia Mini Pro Android 2.3 (Gingerbread) Smartphone Announced