Fri
May 5 2006
07:59 am
By: R. Neal

A citizen's health advocacy group says Sen. Dr. Frist conspired with the White House to engineer a secret midnight deal with pharmaceutical companies giving them broad protections against liability... in a defense bill.

Read more after the jump...

Here is how your government works:

Senate Majority Leader Bill Frist conspired with the White House and industry lobbyists to sneak into legislation ironclad protection from lawsuits for vaccine manufacturers, according to a scathing report by a major citizens advocacy group.

The Public Citizen report, released Thursday, repeats information from a February story by Gannett News Service about the Tennessee Republican's role in the legislation.

That story reported that in December, Frist, along with House Speaker Dennis Hastert, R-Ill., ordered the vaccine liability language inserted in a defense spending bill without debate and in violation of usual Senate practice.

Public Citizen obtained e-mails and documents written by the Biotechnology Industry Organization that show its role in talks with Frist and the White House about making it more difficult for people hurt by vaccines to win lawsuits against pharmaceutical companies.

"The intimacy of this, we think, is quite unusual," said Joan Claybrook, president of Public Citizen, about the relationship between the organization's lobbyists, Frist and the Bush administration. "We think it is an interesting case study of how the inside operation works in Washington."

Why am I not surprised? (Actually, I believe there was quite an uproar on the liberal internets when this happened, but the mainstream media mostly ignored it, like they do all the other inside deals engineered by their corporate masters.) Here is the press release from Public Citizen, which has a link to their full report. From the press release:

Frist inserted the shield provision into an already-completed conference report for the defense appropriations bill in the dead of night, with the aid of House Majority Leader Dennis Hastert (R-Ill.). Many of the members of the conference committee had never seen the language, let alone approved it. Committee leaders explicitly assured Democrats, made wary by rumors circulating in the preceding days, that no attempt would be made to insert the liability measure into the spending bill.

The shield is unnecessary because the government now can – and does – indemnify drug companies in contracts, using provisions saying that the government will cover costs in excess of the companies’ insurance.

The pharmaceutical industry used legions of influence-peddlers to push for the measure. The industry deployed at least 158 lobbyists to influence policies relating to vaccines and pandemic preparedness in 2004 and 2005, including 84 who were previously employed by the federal government. Of those, seven were former members of Congress, two were former top health care aides to Frist and another was the son of the speaker of the House.

"This is a case in which the drug industry used clout, stealth and cunning to put one over on Congress and the American public," said Joan Claybrook, president of Public Citizen. "The industry crafted a liability shield that is unprecedented in its scope and will literally allow it to harm innocent people and get off scot-free."

[..]

The drug industry has long been among the most generous contributors to congressional campaigns. The three lawmakers who were most responsible for the waiver’s passage were Sen. Richard Burr (R-N.C.), who drafted the liability shield that served as a template for the text Frist inserted into the defense bill; Hastert, who enabled Frist to make his move; and Frist. Each of the three ranks in the top 10 in campaign contributions from the pharmaceutical and biotechnology industries since the 2000 election cycle; together they have collected more than $1.2 million in total receipts.

And the other amazing thing is that you can buy yourself some government, wholesale, at pretty cheap prices in the big scheme of things. Which reminds me. Do you suppose Bush would have used his long sought after line item veto on a special-interest bought-and-paid for legislative amendment such a this?

Andy Axel's picture

He's saving that one.

Frist will slip some language into the Omnibus Let's All Stop the Wanton Kicking of Puppies Act that gives Dear Leader line-item amendment power as well -- not only can he delete provisions he doesn't like, he can insert any provision he does.

____________________________

Wasabi peas are people! They're people!

Brian A.'s picture

Veto

I think the only things Bush would veto would be those limiting executive power.

Slightly OT, but check out the NY Times article on how Frist rushed out the $100 gas "refund" idea, then everyone tried to distance themselves from it when it bombed.

Alas, what's become of a once-heralded star of the GOP?

Brian A.
I'd rather be cycling.

Sven's picture

They don't need line item veto

One of the Bush League lawyers involved in drafting those 750 presidential signing statements made an extraordinary claim on the radio last night.

He said the preznit has the authority to simply ignore any part of an omnibus bill he deems unconstitutional and not tell anyone outside the executive branch. The signing statement would simply say "the president reserves the right to reject unconstitutional provisions of this bill."

The legal eagle didn't spell out the implications, but by that logic the president could shift funding around and add/delete amendments however he deems fit based on some vague notion of, say, the interstate commerce clause (or with no justification at all if no one called them on it). He could, therefore, strike a deal to get a bill passed (as he did with the Patriot Act renewal) then change it wholesale afterward. These fuckers are truly insane.

 

Andy Axel's picture

>>>"the president reserves

>>>"the president reserves the right to reject unconstitutional provisions of this bill."

Only the judiciary can make the determination of constitutionality. See Marbury v. Madison.

Under the administrations of Washington and his successor, John Adams, only members of the ruling Federalist Party were appointed to the bench, and under the terms of the Constitution, they held office for life during "good behavior." Thus, when the opposing Republicans won the election of 1800, the Jeffersonians found that while they controlled the presidency and Congress, the Federalists still dominated the judiciary. One of the first acts of the new administration was to repeal the Judiciary Act of 1800, which had created a number of new judgeships. Although President Adams had attempted to fill the vacancies prior to the end of his term, a number of commissions had not been delivered, and one of the appointees, William Marbury, sued Secretary of State James Madison to force him to deliver his commission as a justice of the peace.

The new chief justice, John Marshall, understood that if the Court awarded Marbury a writ of mandamus (an order to force Madison to deliver the commission) the Jefferson administration would ignore it, and thus significantly weaken the authority of the courts. On the other hand, if the Court denied the writ, it might well appear that the justices had acted out of fear. Either case would be a denial of the basic principle of the supremacy of the law.

Marshall's decision in this case has been hailed as a judicial tour de force. In essence, he declared that Madison should have delivered the commission to Marbury, but then held that the section of the Judiciary Act of 1789 that gave the Supreme Court the power to issue writs of mandamus exceeded the authority allotted the Court under Article III of the Constitution, and was therefore null and void.

Ironic, isn't it? The decision which invented the very concept of "constitutionality" was one in which the a branch of government overstepped its authority.

____________________________

Wasabi peas are people! They're people!

Sven's picture

It's also ironic that the

It's also ironic that the Supreme Court overstepped it's authority to install an executive who is now thrashing the Constitution.

Lawrence Tribe said on the same show that SCOTUS can't do anything in this instance because there's no one with standing who bring a case to the courts. Essentially, he said, when Congress and the executive are held by the same party there's no way to stop an administration that's bent on aggregating all power to itself.

 

 

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