A single line often inverts meaning once you see what it
answers, so neighbouring messages are always shown.
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September 1, 2005 asked to explain why he blocked President Reagan from referring to the views of our nation leading scientific experts, why he substituted his own uninformed scientific judgment for th and whether he regrets contributing to a climate of unsubstantiated fear. Judge Roberts also should be asked to explain his actions in the context of how he v the appropriate role of scientific evidence in the formation of law and policy. One importar question is whether he would now defer to the medical judgment of public health officials, ; failed to do in 1985. This issue came before the Supreme Court in Schoo! Board of Nassau County v. Arline, 480 US. 273 (1987), which involved a school teacher with tuberculosis w had been fired from her job. In that case, the Court held: In the context of the employment of a person handicapped with a contagious disease agree with the amicus American Medical Association that this inquiry should includ "findings of facts, based on reasonable medical judgments given the state of medical knowledge about the nature of the risk (how the disease is transmitted) ... and the probabilities the disease will be transmitted ...." In making these findings, courts normally should defer to the reasonable medical judgment of public health officials. Similarly, the case of Bragdon v, Abbott, 524 U.S. 624 (1998), involved a patient wi HIV whose dentist had refused to treat her. In that case, the court stated: In assessing the reasonableness of [the dentist's] actions, the views of public health authorities, such as the U.S. Public Health Service, CDC, and the National Institutes Health, are of special weight and authority.'* Another important question relates to the role of scientific certainty in regulatory anc judicial decision-making. In 1985, Mr. Roberts appeared unwilling to take any position on| transmission in the absence of complete scientific certainty. He applied a standard that requ scientists to prove a negative, a requirement that can be impossible to satisfy. But the Supreme Court must make decisions in the absence of total scientific certain For example, in the recent case of Roper v. Simmons, (125 S.Ct. 1183), the Court held the d penalty to be unconstitutional when applied to those who commit crimes under the age of 18 reaching this conclusion, the Court relied on an array of studies and expert opinions that "tend[ed] to confirm" the limited maturity and sense of responsibility of juveniles under 18. 2 4rline, 480 U.S. 273, 288 (1987). Emphasis added. '° Abbott, 524 U.S. 624, 650 (1998). The Court continued: "The views of these organizations are not conclusive, however. A health care professional who disagrees with tl prevailing medical consensus may refute it by citing a credible scientific basis for deviating the accepted norm." /d. The Court then found that there should be a remand to allow this k 2. PR Sig ae x < bee. Senator Arlen Specter Senator Patrick Leahy
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September 1, 2005 also relied on the apparent lack of deterrent effect of the death penalty on juveniles, despite absence of absolute proof for that conclusion. While noting that "it is unclear whether the d penalty has a significant or even measurable deterrent effect on juveniles," the Court held th ""the likelihood that the teenage offender has made the kind of cost-benefit analysis that atte any weight to the possibility of execution is so remote as to be virtually nonexistent.'"!* In our increasingly complex world, law and science frequently intersect. Understanc Judge Roberts's views on these important issues will shed considerable light on his approac! the responsibilities of a Supreme Court justice. It would be a significant departure from the Court's current jurisprudence were he to seek to impose a standard of proof that requires absolute scientific certainty, as he appeared to do in the fall of 1985. Conclusion On April 8, 1990, Ryan White died. In an editorial eulogizing Ryan, President Reag stated: "We owe it to Ryan to make sure that the fear and ignorance that chased him from hi home and his school will be eliminated."'® The President implicitly acknowledged that he h been wrong not to support the findings of his own experts sooner, and that his refusal to trus evidence had only contributed to the isolation and shame that surrounded AIDS. It is important for the Senate and the American public to hear whether Judge Roberts learned the right lessons as well. Sincerely, Cling A, Wyprrrnn-- Henry A. Waxman Ranking Minority Member S$ se Ge eee Pe le.Ow. PRO... CU ERS Se Ae Far. Sept .7, 2005 - Still major disaster in New Orleans, Mississsippi, Alabama. Likely major repercussions about lack of ppreparedness on the part of State, local, and Federal government in not heading warnings for years that the levees could not withstand a category 4 or greater hurricane. In fact, the levees caved in and N.O. was flooded 80%.
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Sept. 2, 2005 - Interesting situation. Congressman Henry Waxman might use an old document to help block the Bush nomination of John Roberts to the Supreme Court. See letter in attachment: TOM DAVIS, VIRGINIA, CHRISTOPHER SHAYS, CONNECTICUT DAN BURTON, INDIANA MICHAEL A. TURNER, OHIO DARRELL ISSA. CALIFORNIA 2157 RAYBURN HOUSE OFFICE BUILDING MARYLAND HENRY A. WAXMAN, CALIFORNIA, RANKING MINORITY MEMBER TOM DENNIS J. KUCINICH, DANNY K. DAVIS, ILLINOIS MARK E. SOUDER, INDIANA a OD RUSSELL PLATTS. PENNSYLVANIA House of Representatives Ws LACY CLAY, MISSOUR CHRIS CANNON, UTAH neh Nephi ayy Saba ceiceiieR Mave COMMITTEE ON GOVERNMENT REFORM ase een eae CANDICE MILLER, MICHIGAN LINDA T. SANCHEZ, CALIFORNIA VIRGINIA BROWN-WAITE, FLORIOA BRIAN HiGGING, NEW YORK JON C, PORTER, NEVADA ; , ELEANOR HOLMES NORTON, KENNY MARCHANT, TEXAS WaSHINGTON, DC 20515-6143 ' LYNN A. WESTMORELAND, GEORGIA , DISTRICT OF COLUMBIA PATRICK T. MCHENAIY, NORTH CAROLINA Mavsorrry (202) 225-5074 CHARLES W. DENT, PENNSYLVANIA FAcSamLe (202) 225-3976 RD NONE VIRGINIA FOXX, NORTH CAROLINA Minority (202) 225-5051 Se : TTY (202) 225-6852 http://reform.house.gov
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Sept. 9, 2005 - Briefed Pres. Bush today in the Roosevelt Room on update in Pandemic Influenza Preparedness. This was in follow-up of our previous meeting on July 29. I was with Sec. Leavitt, Julie Gerberding, Bruce Gellin. On the White House side was the POTUS, VP Cheney, Scooter Libby, Josh Bolten, Scott McClellan, Andy Card, Attorney General Alfred Gonzales, Harriet Meiers, Robert Zoellig from DoS, and others. The POTUS was very engaging. Half- jokingly he said that "Tony will have to fix this problem for us with his research..." Another good and productive briefing of the POTUS. Mention was made about not repeating the errors of Hurricane Katrina response.
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2005-09-14 00:00
Anthony S. Fauci
Sept. 14, 2005 - Briefed Carol Kuntz today on the DHHS $7 to 9 billion supplemental budget request for FY2006 for Pandemic Influenza Preparedness. She wanted my opionion so that she could transmit this to the Vice President who wants to know what I think of the feasibility of the request
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Sept. 15, 2005 - Accompanied Sec. Leavitt and Bruce Gellin and Julie Gerberding to brief 3 cabinet secretaries today on Pandemic Flu. Briefed Sec. of VA Jim Nicholson, EPA Administrator Steve Johnson and Treasury Secretary Snow. Got an e-mail from Fran Townsend of HSC who mentioned that the President has mentioned that he always feels more comfortable when he knows that I am working on important health problems (see visit to the POTUS on Sept. 9).
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Sept. 19, 2005 - Again, accompanied Sec. Leavitt, bruce Gellin, Julie Gerberding and Bill Raub to brief Sec of Agriculture Johanns and Admininstrator of USAID Andrew Natsios on plans for Pandemic Influenza Preparedness.
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Sept. 23, 2005 - Had very interesting and enjoyable evening at a reception at the home of Mark and Nicole Wallace in honor of Kristin Silverberg in celebration of her confirmation (a couple of months ago) as Assistant Secretary for International organizations in DoS as well as her birthday. Present among many others were a number of White House personnel such as Michael Gerson, Josh Bolten, Michael Allen, Randy Tobias (DoS), etc. Interesting part of the evening were the in depth and intense discussions that I had with Josh Bolten and Mike Gerson about the difficulties in funding the POTUS's planned programs over the next few years given the fact that Hurricane Katrina will cost over $100 Billion and Hurricane Rita is still percolating in the Gulf of Mexico. Important dilemmas - Do you let the deficit explode? Do you cut domestic programs (difficult to do since the amount would be trivial compared to what is needed)? Do you defund the war in Iraq (impossible)? Do you abandon all or (as I suggested) part of the Tax Cut program? Very enjoyable and interesting evening. The Wallace's live on 4434 - Hawthorne Street, which is 2 blocks from my house. Christine Grady accompanied me.
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Sept. 28, 2005 - Sec. Leavitt, Julie Gerberding, Bruce Gellin, General Gordon (CIA) and I briefed a groups of Senators on H5N1 influenza pandemic potential in a "top secret" briefing at the Capitol. Among the Senators were: Ted Kennedy, Barrack Obama, Tom Harkin, Durbin, Reid, Patrick Leahy, Max Baucus as well as others. Typical Washington phenomenon ensued - two days later they proposed an amendment to a Defense Bill for $4 billion dollars for H5N1 preparedness emphasizing buying Tamiflu instead of the balanced Vaccine/Therapy approach that we had suggested. In addition, they knew (we told them) that we were preparing a big ($7-9 Billion) supplemental request for the HHS FY2006 budget for vaccines/drugs. It was clear that they wanted to trump the Administration since the bill was proposed by Democrats as well as Frist, who is clearly positioning himself to run for President in 2008. I love it!!