According to Alison Rogers of the Happy Homesteader Blog over at Mother Earth News, grant money for small farm projects is now available from the USDA. 

Quick! If you want to secure grant funds for your farmers market, roadside stand, community-supported agriculture program, agri-tourism venture or related activity, you must apply to the USDA by April 27. 

The Agricultural Marketing Service has announced that $5 million will be available for these purposes through the Farmers Market Promotion Program. Take a look at these guidelines to see if you’re eligible.

Scott A. Pullins, Esq.
Publisher,
The Pullins Report

        

Steve Elliott
December 7, 1935 - March 21, 2009

Yesterday, I lost my Father in Law, Steve Elliott, after a three month long battle with heart disease and cancer.  Steve tried to be like a father to me and I tried my best to be like a son.  I think we both succeeded. 

I don't have the words yet to memorialize him here in the manner he deserves.  I pray that they will soon come to me. 

In the meantime, our family is planning a memorial service to be held in Mount Vernon, Ohio next Sunday, March 29, 2009.  I hope you will be able to attend.

Thank you.

Scott A. Pullins, Esq.
Publisher,
The Pullins Report

        

I got great news in my email inbox today.  It seems the U.S. Supreme Court has issued a strong 6-3 ruling in favor of healthcare consumers.  You can read the full article below.  Thank you.

Scott A. Pullins, Esq.
Publisher,
The Pullins Report

Citizens Win Huge Supreme Court Victory over Big Pharma and the FDA

Thursday, March 05, 2009

Byron Richards, CCN

In a stunning and unexpected 6-3 ruling the right-leaning Supreme Court went against the wishes of the last president, took the wind out of the sails of health care reform of the current president, sent irresponsible Big Pharma a major wake up call, and bluntly told the arrogant FDA that they are indeed not above the rule of law.  It is a major victory for every American citizen.

Central to the issue is a power a struggle between the federal government and states, which in this situation meant the federal government authority to pre-empt your state rights to sue if you are injured by a drug.  The FDA, acting on behalf of the Bush administration and on the side of Big Pharma, has helped tie up thousands of drug injury lawsuits across the country.  The FDA, who is supposed to be protecting consumers from drug injury and ensuring a correct risk/safety picture for any person taking a drug, was instead trying to shirk their responsibility and simply claim that Americans had no right to sue.

This convoluted attempt by the FDA to undermine consumer safety was one of the main themes in my 2006 book, Fight for Your Health: Exposing the FDA’s Betrayal of America.  The Bush Administration had intentionally appointed anti-safety people in high positions within the FDA, starting with its Chief Counsel, Daniel Troy (and continued as a legal philosophy after Troy was forced out for his Big Pharma connections).  Troy set in motion the legal problem the Supreme Court just decided.

During the final years of the Bush administration cancer industry insider Andrew von Eschenbach, MD, was appointed to run the FDA, and Wall Street insider, Scott Gottlieb, MD, was second in command.  These individuals sought to fully implement the FDA label as senior to any rights of citizens.  Their intention was to make sure that new biotech drugs would be protected from lawsuits, as the FDA wanted to speed new and even more dangerous drugs onto the market so as to foster the development of the biotech industry.  In essence, the FDA management wanted to turn the American public into one large clinical experiment, with no right of recourse when injured.

This was occurring against a backdrop wherein the FDA couldn’t even name all the drugs currently on the market, had failed to demand required aftermarket follow up safety testing on drugs, and had intentionally withheld safety information on existing drugs from the public.  The current situation with drugs is that almost no drug, even blockbusters and those in use for decades, have an accurate risk/benefit profile.

Americans who use medications are already taking risks of unknown magnitude, which is a main reason over 100,000 Americans are killed every year and over 3 million are injured so seriously they need hospital care (ironically, over half those injuries occur while already in the hospital).

The FDA knows full well that when a drug is approved for the market the full extent of the side effects won’t be known for years.  History shows us time and again that Big Pharma actively hides risk data from the FDA and pays for “science” that distorts reality.  This irresponsible behavior goes along with closed-door negotiations with the FDA, and has resulted in numerous drug disasters like Vioxx.  FDA managers oftentimes go against the wishes of their own safety scientists and then move on to six figure salaries in the industry they regulate.  Doctors are not apprised of the actual risks and consumers are in the dark. 

Currently, there are 450,000 additional new cases of heart failure every year in Americans over 65, a fact that parallels the increased use of heart-weakening statins in this older group.  It is only a matter of time before the shoe drops on the 20-billion-dollar-a-year statin industry.

The FDA insistence that a drug label, based on what is known at the time of approval, should supersede citizen’s states rights to sue if they were injured, has almost nothing to do with consumer safety.  Rather, it is a federal power grab that is in the best financial interests of Big Pharma and Big Biotech, industries that do not have consumer safety as their top priority.

By the way, don’t think President Obama is on the side of the citizens.  In the health care section of the stimulus bill, there is specific pre-emption language.  If the federal government is in charge of health care it will be named in future lawsuits when patients are injured from the care it doles out or doesn’t allow. 

The current Supreme Court ruling will undermine any system of federal health care wherein the drugs being used are injuring people.  Experts believe this system is so badly broken, due to gross FDA management incompetence, that it will take 10 years of studies and many billions of dollars just to understand the actual risks of the drugs Americans are already taking.

In writing for the majority, Justice John Paul Stevens put Big Pharma on notice.  The defendant in this case, Wyeth, had argued that it could not comply with both federal and state law.  Stevens told them they had a fundamental misunderstanding of regulation and were trying to hide behind the FDA, going on to say that it is a central premise of federal drug regulation that the manufacturer bears responsibility for the content of its label at all times.  That is not the news Big Pharma wanted to hear.

Stevens went on to write that there was no merit in the argument that the FDA’s labeling decisions could supersede state law, saying that this argument was “an untenable interpretation of congressional intent and an overbroad view of an agency’s power to pre-empt state law.” He pointed out that the FDA tried to push this on the public without any opportunity for comment from the public or from states, all done against a backdrop wherein the FDA is not able to keep up with safety issues in the first place, meaning that the FDA position lacked “thoroughness, consistency and persuasiveness.” Stevens stated that under such lacking standards the Bush position “is entitled to no weight.”

This is a major victory for all Americans and for states.  While the case itself is on the topic of Big Pharma and the FDA, the ruling is sweeping in nature and will extend far beyond prescription drugs.  States have just been handed a major legal ruling against the ever-growing incursion of federal power.

###

        

The Ohio State Bar Association is taking a survey to gauge interest in a lawyer group health insurance plan.  You can read the details and participate in the survey below:

Scott A. Pullins, Esq.
Publisher,
The Pullins Report

New initiative looks to lower your health insurance costs

The cost of health insurance is one of the many pressures facing Ohio lawyers during these tough economic times. The OSBA Insurance Agency understands and is working on your behalf to provide a solution—but we need your help. If you are interested in joining together with other members to reduce costs and increase benefits, complete our online Health Insurance Interest Form. When we have a large enough pool, the Agency will approach all viable health insurance carriers to try and secure a plan that boasts rich benefits and affordable rates. To participate, you need to have at least 2 employees in your group and no more than 50. For solos, this means you and your spouse (if working for you), legal assistant, secretary or other full-time employee to constitute a group. To access the form, go to www.ohiobar.org/interestform. If you have any questions regarding this effort, don’t hesitate to contact the OSBA Insurance Agency at (800) 282-6556 or (614) 487-2050 or bdrake@ohiobar.org. Sincerely, Gary J. Leppla OSBA President

        

I received word this morning that my old friend Cornell McCleary has passed.  Damn.  I got to know Cornell over the years from Republican politics, the times I was on his radio show, the TV shows we were guests on, and as a fellow blogger and gun rights activist.

A lot of people loved Cornell and I was part of that group.  Others just down right could not stand the guy.  And he did not care.  He just kept on keeping on, doing his thing with humor, honor and integrity.

Too many today are afraid to take a stand, to fail, to say the wrong thing, to stick out, to be politically incorrect.  Cornell was afraid of none of those things.  He was absolutely fearless.  And he will be deeply missed.  Rest in peace.

Scott A. Pullins, Esq.
Publisher,
The Pullins Report

        

My wife Kathy and I have recently ramped up our presence on Facebook.  For me, it was initially for business purposes, but I've found it more enjoyable as a tool to get back in touch with the hundreds of friends I've made over the years.  When you get back in touch, it also gives one an opportunity to learn about the new businesses, projects, and so on that our old friends are working on.

My old friend Bill Kintner that I knew from my years in GOP politics is a sports nut and he's turned that love into quite a few interesting paying gigs.  His latest is a book to rank and review all of the Division One College Basketball Arenas in the nation.

The Dayton Daily News recently wrote a great profile piece about the book and Bill here.  Go check it out.

My good friends over at Fantasy Draft Help have a little bit of experience in getting sports books published.  A couple of years back they published a great book on options for baseball in the event of a season ending strike.  You can still review and purchase the book here.

Scott A. Pullins, Esq.
Publisher,
The Pullins Report

        

Let's help Ron Paul end the reign of terror from the milk Nazi's once and for all.  In states across America, jackbooted Nazi thugs from your state Department of Agriculture have raided farms and homes where raw milk is either sold or consumed.  Here's how you can help bring this ridiculous activity to an end and let consumers decide! 

If you didn't know, Raw Milk is milk fresh from the cow without processes added to it like homogenization and pasteurization. 
Many farmers that would choose not to use these processes also avoid hormones, antibiotics, chemicals, and genetic modification.  It's healthier, tastes better, and is utilized in making cheese and other homemade items.  Or at least that's what I'm told. 

Scott A. Pullins, Esq.
Publisher,
The Pullins Report

On January 28 Congressman Ron Paul (R-TX) introduced HR 778, a bill “to authorize the interstate traffic of unpasteurized milk and milk products that are packaged for direct human consumption.” Under the bill, the federal government “may not take any action…that would prohibit, interfere with, regulate, or otherwise restrict the interstate traffic of milk, or a milk product, that is unpasteurized and packaged for direct human consumption solely on the basis that the milk or milk product is unpasteurized….” The bill defines “interstate traffic” as “the movement of any conveyance or the transportation of persons or property…from a point of origin in any State or possession to a point of destination in any other State or possession….” [see 21 CFR 1240.3(h)]

Passage of the bill into law would repeal the federal regulation prohibiting raw milk and raw milk products for human consumption in interstate commerce. The regulation 21 CFR 1240.61 provides, in part, that “no person shall cause to be delivered into interstate commerce or shall sell, otherwise distribute, or hold for sale or other distribution after shipment in interstate commerce any milk or milk product in final package form for direct human consumption unless the product has been pasteurized….”

The bill would not force a state to legalize the sale of raw milk by producers within its boundaries nor would it force a state to allow the sale of raw milk from out-of-state producers in its retail stores. The bill would enable consumers to enter into transactions to obtain raw milk and raw milk products from other states without the transactions being in violation of federal law.

The consumption of raw milk is legal in every state, yet its sale is currently illegal in about half the states. HR 778 would enable those living in states where the sale of raw milk is illegal—and those living in states where the sale is legal but sources are not present—to be able to exercise their legal right to consume raw milk. As Congressman Paul stated in introducing the bill, “Americans have the right to consume these products without having the Federal Government second-guess their judgment about what products best promote health. If there are legitimate concerns about the safety of unpasteurized milk, those concerns should be addressed at the state and local level.”

HR 778 has been assigned to the House Energy and Commerce Committee. An action alert will be sent out shortly to FTCLDF members on what can be done to move HR 778 forward. Co-sponsors are needed for the bill. Click here to be added to the mailing list.

You may track the status of the bill by entering “HR 778” in the Search field at www.thomas.gov; be sure to select “Bill Number” instead of “Word/Phrase”.

• Text of HR 778   [PDF]   [MSWord]
• Ron Paul’s statement   [PDF]    [MSWord]
• House Energy and Commerce Committee   [PDF]    [MSWord]

        

Here's a great interview with my colleague Alexis Martin Neely on the five key legal documents that no family should be without.  It's a good video, check it out.  Thank you.

Scott A. Pullins, Esq.
Publisher,
The Pullins Report

        

Well of course it had to happen.  Sarah Palin has formed a political action committee.

Call me a pessimist, but I predict failure.  And here's why from a campaign finance perspective.

As Governor of Alaska Sarah Palin is restricted from taking more than $500 in contributions from individuals and $1,000 from political action committees.  She can't accept a dime from a corporation or other business entity.

So enter her new political action committee, SarahPAC, with a post office box in Virginia and an unlisted telephone number in Washington, DC.  As a Virginia registered state political action committee she could accept donations in unlimited amounts from individuals, businesses, and even corporations.  And as a non-federal elected official she was free to set up her PAC in that manner.

But apparently, she has not.  Instead, she apparently is setting up a federal political action committee that will be restricted to accepting a maximum of $5,000 per person per year.  Why?

Virginia PACs have been used for years by both Republicans and Democrats to raise big chunks of campaign cash while "building their national profile".  Mitt Romney did it, Steve Forbes did it, and the list goes on and on.

If Sarah Palin wants to be more than a pretty face, then she needs to retain a good campaign finance lawyer to explain her options to her.  Thank you.

Scott A. Pullins, Esq.
Publisher,
The Pullins Report

        

My old friend Ann Fisher writes today about a Worthington family's battle to keep their pet chickens in their urban backyard.  Read the article here.

Some of you all know that this is an issue near and dear to my heart.  And while my family and I don't live in the city, we face the same sort of outrageous regulations as this Worthington family.

In our case, we live on a 1 acre property out in rural Knox County, Ohio.  The only problem is that nearly 16 years ago my wife and I were unlucky or stupid enough to build in a local Knox County version of a modern Fascist state.  In other words, a homeowners association.

You have to understand how homeowners associations work.  Mostly, some keystone cop runs around trespassing on your property and those of your neighbors enforcing the stupid regulations and refusing to do anything about the common sense ones. 

We rebels call it selective enforcement.

So when one of my neighbors parked an old broken down van on blocks in his front yard, a broken down truck full of trash in his backyard, and boarded up his windows with plywood, that was alright.  But when another neighbor stored a boat under a cover behind his house and garage where no one could see it, he was in trouble.  Big, big trouble.

So we come back to my problem.  It's perfectly OK under our rules to build a dog kennel and leave man's best friend outside to freeze and howl from thirst and cold all day and night.  That's worse than we treat Gitmo prisoners, BTW.  Bring your dog inside and let him sleep on your bed where he belongs, dammit!

But God forbid that I have a few 5 pound hens for eggs and fertilizer and let them run around my yard eating bugs. 

Of course I am a lawyer.  A lawyer that has successfully sued this very homeowners association time and time again successfully.  Stay tuned and we'll see what happens!

Scott A. Pullins, Esq.
Publisher,
The Pullins Report