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Supreme Court Should Be 'Reined In' To Return Power To Legislative Branch, NYT Columnist Writes
Although Supreme Court nominee Sonia Sotomayor"s confirmation hearings are more than a month away, "it"s easy to predict how they will go," New York Times columnist Ross Douthat writes. Douthat predicts that Senate Judiciary Committee members "will attempt to divine Sotomayor"s position on a variety of controversial topics," such as abortion rights, and in "a series of polite, evasive answers, the nominee will feign a studious neutrality on almost every issue that could come before her during what"s likely to be decades as one of the most powerful women in the world." According to Douthat, the "deeper stakes" that likely will be ignored are that "Sotomayor will be joining a high court that"s gradually become a kind of extra legislative body." He cites research from Harvard Law School professor Jed Shugerman showing that the court over roughly the past 50 years has invalidated both state and federal statutes at an unprecedented rate. Douthat also points to data from Evan Caminker of the University of Michigan showing that in one eight-year period, the court invalidated 16 federal laws in 5-4 votes, something that occurred only 25 times in the previous two centuries. Douthat writes that "settling so many vexing controversies with 5-to-4 votes -- effectively making Anthony Kennedy the nation"s philosopher king -- is an awfully poor way to run a republic."Douthat continues that the "modern court"s most enduringly controversial power grabs -- with Roe v. Wade leading the way -- were usually the work of liberal justices" but that "in practice, the main divide between liberal and conservative judges tends to be over the responsibilities of the federal government, not judicial activism per se." He writes, "There are bipartisan ways that the Court could be reined in, and the legislative branch reinvigorated," including the idea of a supermajority rule that would require a 6-3 vote to overturn federal legislation. This idea "might spur the court toward greater consensus, and perhaps greater modesty as well," according to Douthat. Another possibility would be to implement 12-year term limits, he says. Douthat concludes that these suggestions would not "reduce the Supreme Court"s power directly, but it would help us see the court for what it has become -- a deeply political institution, as fallible as any other, and answerable, when all is said and done, to us" (Douthat, New York Times, 6/2).
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Plans To Improve Access To Occupational Health Services In Wales Announced

Plans to improve access to occupational health services in Wales to help tackle absenteeism and ill-health in the workplace will be announced today [Tuesday, 14 July] by Health Minister Edwina Hart. The economic cost of sickness and absenteeism among the working age population is over ÷£100 billion a year in the UK, while work-related ill health costs the Welsh economy more than ÷£500 million per year. Occupational health services play a key role in preventing ill health at work and providing support to retain people in employment, but relatively few employees in Wales currently have access to comprehensive services. The One Wales programme included a commitment to explore proposals to place occupational health services on a statutory basis. Mrs Hart will today publish a report from a group, led by Professor Mansel Aylward, chair of the Wales Centre for Health, which was set up to consider the commitment. The report includes a recommendation that a national occupational health service should be provided by the NHS and made viable by contributions from employers. Accepting the report, Edwina Hart said: "Ill-health and absenteeism not only affects employees in terms of creating barriers to employment, loss of financial independence and self-esteem, but also costs employers in terms of sickness absence and replacement of staff. "This report looks at the possibility of introducing a national occupational health service that employees and employers can tap into to help bring about improvements in health and reduce the physical and financial loss caused by work-related ill health, injury and sickness absence." Professor Aylward said: "We considered occupational health in its widest context and the group recommended taking an integrated approach to developing contemporary occupational health services that build on the current direction of travel in Wales. "Occupational health aims to maximise the health gains of being in work, ensures a safe environment for work and removes barriers to allow people to realise their potential at work. "There is no one solution that will meet the occupational health support needs of everyone, flexibility is the key to delivery." Prof Aylward will now convene an expert group, including employee and employer representatives, to develop the recommendations into a more detailed proposal for consideration by Ministers. Notes 1. Professor Aylward will be speaking at the National Employment and Health Innovation Network at the Marriot Hotel, Cardiff, on Tuesday 14 July, where he will outline the report"s recommendations. He will be available for interviews at 1200hrs. You are invited to send a reporter to this event. 2. Facts and figures - In 2006 the Welsh Assembly Government identified that the majority of public sector organisations in Wales provided access to occupational health services compared with only 17 per cent in the private sector. - Figures published by the Health and Safety Executive show that two thirds of sickness absences in the working age population are caused by common mental illness, musculoskeletal disorders and cardio respiratory conditions. - In Wales, over 140,000 people are categorised as economically inactive, citing long-term sickness as the reason and around 200,000 people are in receipt of incapacity benefit. 3. Task and finish group recommendations - Changes to the current risk and evidenced based legislation are not an effective way of improving health and reducing ill health. - The integrated approach to Occupational Health which the Minister outlined in the Welsh Assembly Government"s response to Dame Carol Black"s report should be further developed. - As part of the integrated approach, a national occupational health service, provided by the NHS and made viable by contributions from employers, should be established. 4. Welsh Backs Welsh Backs launched in November 2006 (http://www.welshbacks.com) and has been successful in changing awareness around the management of, and recovery from, back pain. The ongoing evaluation of this work area demonstrates that there has been a clear and consistent change in attitudes from November 2005 to March 2008 on two health beliefs: - staying active if you have back (44% agreed in November 2005 which increased to 74% in March 2008) - resting if you have back pain (50% agreed in November 2005 which decreased to 24% in March 2009) There was a consistent reduction in the number of people that sought medical help from 45% in November 2005 to 25% in March 2008 for their back pain. 5. Workboost Wales Workboost Wales (http://www.workboostwales.com) was launched by the Welsh Assembly Government on 1 March 2008 in partnership with the Health & Safety Executive. The service offers free and impartial occupational health, safety and return to work advice for businesses with between 5 and 250 employees in the private and third sectors in Wales. Workboost is on target to achieve the expectation of 530 initial visits and 422 follow up visits impacting on around 9000 workers in SMEs in Wales in 2008-09. 6. Healthy Working Wales Healthy Working Wales was launched, along with a new branding for the workplace health programme on July 3rd 2008 (http://www.healthyworkingwales.com). Healthy Working Wales provides a portal to access services provided as part of the workplace health programme and a new online centre for GPs providing them with access to advice and information on work and health issues and with online access to advice from occupational health advisers. Welsh Backs


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