Explaining The Bill of Rights

Video: Part of a series exploring the first ten amendments of the U.S. Constitution and what they mean.

Law would ban BPA from food containers

   WASHINGTON, D.C. – 7/17/2014 - Several members of Congress are pushing a bill to better protect consumers – particularly the elderly, pregnant women children, and workers – from a known toxic hormone disruptor bisphenol-A, or BPA.
   Introduced  by long-time champion Sen. Ed Markey (D-Mass.), the Ban Poisonous Additives Act of 2014 would ban BPA from food and beverage containers. It would also grant waivers to manufacturers seeking safer replacements for BPA while requiring them to place specific warning labels on any packaging that still contains the toxic substance. The legislation would also mandate the U.S. Food and Drug Administration to review the safety of all materials deemed safe for use in food and beverage containers .
   Reps. Lois Capps (D-Calif.) and Grace Meng (D-N.Y.) introduced a companion bill in the House.
   “Science shows that BPA is present in the vast majority of Americans and is harmful to human health,” said Jason Rano, EWG’s director of government affairs. “It has been linked to cancer, obesity, diabetes, infertility, hormone disruption and early puberty in children. Congress is taking an important step on behalf of our most vulnerable populations to help reduce exposure to BPA.”
   BPA, a synthetic estrogen, is in the epoxy linings that coat the inside of most canned foods and beverages and ultimately leaches into those products. Some companies have voluntarily taken BPA out of the linings of their containers, and in 2012 the FDA banned BPA in baby bottles and children's sippy cups.
   “It was an important step when the FDA banned BPA in baby bottles and sippy cups, but BPA has no place in food packaging and must be replaced with alternatives that don’t pose a serious health threats to humans,” added Rano. “This legislation would help make that a reality while providing manufacturers with the additional time they need to find safer options.”
   EWG recommends that consumers limit their intake of canned food and beverages and look for products labeled “BPA-free” or packed in glass jars or cardboard cartons, not metal cans.
   Source: Environmental Working Group

Study: obesity dramatically shortens lifespan

   (NIH) - 7/11/2014 - Adults with extreme obesity have increased risks of dying at a young age from cancer and many other causes including heart disease, stroke, diabetes, and kidney and liver diseases, according to results of an analysis of data pooled from 20 large studies of people from three countries. The study, led by researchers from the National Cancer Institute (NCI), part of the National Institutes of Health, found that people with class III (or extreme) obesity had a dramatic reduction in life expectancy compared with people of normal weight. The findings appeared July 8, 2014, in PLOS Medicine.
   “While once a relatively uncommon condition, the prevalence of class III, or extreme, obesity is on the rise. In the United States, for example, six percent of adults are now classified as extremely obese, which, for a person of average height, is more than 100 pounds over the recommended range for normal weight,” said Cari Kitahara, Ph.D., Division of Cancer Epidemiology and Genetics, NCI, and lead author of the study. “Prior to our study, little had been known about the risk of premature death associated with extreme obesity.”
   In the study, researchers classified participants according to their body mass index (BMI), which is a measure of total body fat and is calculated by dividing a person’s weight in kilograms by their height in meters squared. BMI classifications (kilogram/meter-squared) are:
  • Normal weight: 18.5-24.9
  • Overweight: 25.0- 29.9
  • Class I obesity: 30.0-34.9
  • Class II obesity: 35.0-39.9
  • Class III obesity: 40.0 or higher
   The 20 studies that were analyzed included adults from the United States, Sweden and Australia. These groups form a major part of the NCI Cohort Consortium, which is a large-scale partnership that identifies risk factors for cancer death. After excluding individuals who had ever smoked or had a history of certain diseases, the researchers evaluated the risk of premature death overall and the risk of premature death from specific causes in more than 9,500 individuals who were class III obese and 304,000 others who were classified as normal weight.
   The researchers found that the risk of dying overall and from most major health causes rose continuously with increasing BMI within the class III obesity group. Statistical analyses of the pooled data indicated that the excess numbers of deaths in the class III obesity group were mostly due to heart disease, cancer and diabetes. Years of life lost ranged from 6.5 years for participants with a BMI of 40-44.9 to 13.7 years for a BMI of 55-59.9. To provide context, the researchers found that the number of years of life lost for class III obesity was equal or higher than that of current (versus never) cigarette smokers among normal-weight participants in the same study.
   The accuracy of the study findings is limited by the use of mostly self-reported height and weight measurements and by the use of BMI as the sole measure of obesity. Nevertheless, the researchers noted, the results highlight the need to develop more effective interventions to combat the growing public health problem of extreme obesity.
   “Given our findings, it appears that class III obesity is increasing and may soon emerge as a major cause of early death in this and other countries worldwide,” said Patricia Hartge, Sc.D., Division of Cancer Epidemiology and Genetics, and senior author of the study.
   Source: National Institutes of Health

Report: Policing becoming inceasingly militarized

    NEW YORK – 6/24/2014 - After obtaining and analyzing thousands of documents from police departments around the country, oday the American Civil Liberties Union released the report War Comes Home: The Excessive Militarization of American Policing. The ACLU focused on more than 800 SWAT raids conducted by law enforcement agencies in 20 states and on the agencies’ acquisition of military weaponry, vehicles, and equipment.
   "We found that police overwhelmingly use SWAT raids not for extreme emergencies like hostage situations but to carry out such basic police work as serving warrants or searching for a small amount of drugs," said Kara Dansky, Senior Counsel with the ACLU’s Center for Justice. "Carried out by ten or more officers armed with assault rifles, flashbang grenades, and battering rams, these paramilitary raids disproportionately impacted people of color, sending the clear message that the families being raided are the enemy. This unnecessary violence causes property damage, injury, and death."
   The report documents multiple tragedies caused by police carrying out needless SWAT raids, including a 26-year-old mother shot with her child in her arms and a 19-month-old baby critically injured when a flashbang grenade landed in his crib.
   "Our police are trampling on our civil rights and turning communities of color into war zones," Dansky continued. "We all pay for it with our tax dollars. The Departments of Defense, Homeland Security, and Justice give police military weaponry and vehicles as well as grants for military equipment. The War on Drugs has failed, yet the federal government hasn’t stopped the flow of guns and money."
   The report calls for the federal government to rein in the incentives for police to militarize. The ACLU also asks that local, state, and federal governments track the use of SWAT and the guns, tanks, and other military equipment that end up in police hands.
   "Our findings reveal not only the dangers of militarized police, but also the difficulties in determining the extent and impact of those dangers. At every level – from the police to the state governments to the federal government – there is almost no record keeping about SWAT or the use of military weapons and vehicles by local law enforcement," Dansky noted.
   In addition, the report recommends that state legislatures and municipalities develop criteria for SWAT raids that limit their deployment to the kinds of emergencies for which they were intended, such as an active shooter situation.
   The report is available here: www.aclu.org/militarization
   Source: American Civil Liberties Union 

Court strikes down 'No Fly List' procedures

  (ACLU) - 6/24/2014 - In a landmark ruling, a federal judge struck down as unconstitutional the government’s procedures for people on the No Fly List to challenge their inclusion. The decision came in an American Civil Liberties Union lawsuit brought on behalf of 13 Americans who found themselves on the list without any notice, reasons, or meaningful way to get off it.
   The judge ordered the government to create a new process that remedies these shortcomings, calling the current process “wholly ineffective” and a violation of the Fifth Amendment's guarantee of due process. The ruling also granted a key request in the lawsuit, ordering the government to tell the ACLU’s clients why they are on the No Fly List and give them the opportunity to challenge their inclusion on the list before the judge.
   “For years, in the name of national security the government has argued for blanket secrecy and judicial deference to its profoundly unfair No Fly List procedures, and those arguments have now been resoundingly rejected by the court,” said ACLU National Security Project Director Hina Shamsi, one of the attorneys who argued the case.
   “Our clients will finally get the due process to which they are entitled under the Constitution. This excellent decision also benefits other people wrongly stuck on the No Fly List, with the promise of a way out from a Kafkaesque bureaucracy causing them no end of grief and hardship. We hope this serves as a wake-up call for the government to fix its broken watchlist system, which has swept up so many innocent people.”
   According to media reports, there are more than 20,000 people on the No Fly List. Their only recourse is to file a request with the Department of Homeland Security's Traveler Redress Inquiry Program (DHS TRIP), after which DHS responds with a letter that does not explain why they were denied boarding. The letter does not confirm or deny whether their names remain on the list, and does not indicate whether they can fly.
   The ruling from the U.S. District Court in Oregon found, “[W]ithout proper notice and an opportunity to be heard, an individual could be doomed to indefinite placement on the No-Fly List. … [T]he absence of any meaningful procedures to afford Plaintiffs the opportunity to contest their placement on the No-Fly List violates Plaintiffs’ rights to procedural due process.”
   One of the plaintiffs in the case is Sheikh Mohamed Abdirahman Kariye, who is the imam of Portland’s largest Mosque.
   “Finally I will be able to challenge whatever incorrect information the government has been using to stigmatize me and keep me from flying,” Imam Kariye said. “I have been prevented by the government from traveling to visit my family members and fulfill religious obligations for years, and it has had a devastating impact on all of us. After all this time, I look forward to a fair process that allows me to clear my name in court.”
   The national ACLU, along with its affiliates in Oregon, Southern California, Northern California, and New Mexico, filed the lawsuit in June 2010 on behalf of 13 U.S. citizens, including four military veterans. In July 2012, the 9th Circuit Appeals Court reversed the district court's dismissal of the case on jurisdictional grounds, allowing the district court to consider the case on its merits. In August 2013, the court found that constitutional rights are at stake when the government places Americans on the list.
   Source: American Civil Liberties Union