Obama isn’t done unilaterally re-writing Obamacare

There is a massive amount of irony making its way to the Supreme Court right now.  Earlier today, the US Federal Court of Appeals ruled that the Obama administration was in violation of the Obamacare law by running a Federal insurance exchange.  Another branch of the Appeals Court ruled the exact opposite.  Thus, the Supreme Court will one again be taking up another Obamacare case, only this time the Obama administration will be arguing that the law isn’t really the law.  

In the White House’s view, the law is whatever Obama says it is. Thus, even though Obama himself signed Obamacare into existence, he continues to unilaterally issue changes to the law, something he has zero Constitutional authority to do. 

from American Spectator:

Obamacare’s supporters have long insisted that it is the “law of the land,” implicitly suggesting that it is immutable and permanent. Evidently, it hasn’t occurred to these people to mention that to their dear leader. His Majesty, Barack I, obviously thinks of the Patient Protection and Affordable Care Act as a collection of royal decrees, any one of which may be altered at his pleasure. Thus, in a proclamation issued last week through the Centers for Medicare and Medicaid Services, His Highness declared that all U.S. territories are now exempt from most of PPACA’s morass of rules and regulations.

Neither he nor any other official of the executive branch possesses the constitutional authority to issue such an exemption to the territories, which include Puerto Rico, the U.S. Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands, without first consulting Congress. In fact, one of His Majesty’s courtiers made that clear in a letter written a year ago to Sixto Igosomar, Secretary of Commerce of the Mariana Islands. Igosomar, like many of his territorial counterparts, had requested relief from Obamacare’s most destructive provisions and was advised that HHS had no authority to provide it.

Of particular concern to territorial officials was the notorious guaranteed issue provision, which requires health insurance companies to provide coverage to all comers regardless of their current or past health conditions. But the letter, which was written by the same Obama administration apparatchik who was later forced to resign pursuant to his serial prevarications to Congress concerning the Healthcare.gov debacle, unequivocally stated that the territories were stuck with that albatross: “HHS has no legal authority to exclude the territories from the guaranteed availability provision of the Affordable Care Act.”

read the rest

This is what the White House tweeted when the House voted to repeal Obamacare:

Today, the Obama administration is officially taking the legal position that the same law does not have to be followed, as long as you’re Obama.

Supreme Court Justice Kennedy: the Constitution is a “flawed document”

His job is to uphold the Constitution and hold the Federal Government to its rule, but Justice Kennedy made it clear this weekend that he isn’t really interested in Constitutional authority. 

from SF Gate:

Supreme Court Justice Anthony Kennedy wasn’t out to make news when he addressed the annual conference of the Ninth U.S. Circuit Court of Appeals and devoted most of his 50-minute speech to the Magna Carta, which turns 800 years old in 2015. But Kennedy did let on that he doesn’t belong to the school of Constitution-worshipers who base their legal doctrines on what they glean to be the original, literal meaning of every word and phrase in the nation’s founding document.

“The Constitution of the United States is a flawed document,” Kennedy said at Thursday’s windup conference session in Monterey. By “thinly veiled language,” he said, it “basically reaffirmed the legality of slavery,” referring to provisions that allowed the slave trade to continue at least until 1808 and defined each slave as three-fifths of a person when deciding how many congressional delegates to assign to each state.

The 600,000 who died in the Civil War, Kennedy said, were “one of the things it cost for having a Constitution that was flawed.”

At the same time, he said, the drafters of the Constitution had the insight to declare principles, like due process of law, that could be interpreted anew by future generations — a sacrilege to literalists like Justice Antonin Scalia, who contends the court is strictly bound by what he deems to be the original intent and meaning of the document.

“The framers were wise enough to know that they could not foresee the injustices” of the future, Kennedy said, “so they used general language.”

read the rest

Perhaps Justice Kennedy needs to do a bit more reading on the Founding Fathers before he begins discounting their “general language.”  We have extensive writing from the Framers on virtually every word of the Constitution.  

It is not the job of the Supreme Court to weed out the Constitution’s supposed “flaws.”  It is their job to evaluate the Federal Government’s laws and actions and hold them to the Constitutional standard. 

Kennedy should be impeached (something the Founders were serious doing) because it is clear he has no intention of doing his job (which only exists because of the Constitution).   If Kennedy believes that the Constitution is flawed, he has no business being the one enforcing it. 

BREAKING: FAA halts all flights to Israel after Hamas rockets land near Tel Aviv airport

Earlier today, Delta halted all flights to Israel after Hamas rockets landed near Ben Gurion airport in Tel Aviv.  The FAA just expanded that decision to all US airlines. 

from Wall Street Journal:

The Federal Aviation Administration banned U.S carriers from flying to Tel Aviv for at least 24 hours after a rocket attack near Ben Gurion International Airport.

Earlier Tuesday Delta Air Lines, DAL +1.39% American Airlines Group Inc. AAL +0.40% and United Continental Holdings Inc. UAL +2.31% said they were canceling flights to Israel until further notice after reports that a rocket landed near Tel Aviv’s Ben Gurion Airport.

A Delta Boeing 747 from New York was flying over the Mediterranean headed for Tel Aviv on Tuesday when it turned around and flew to Paris instead. Flight 468 had 273 passengers and 17 crew on board.

United said Tuesday that is suspending its two daily Tel Aviv flights until further notice. The airline said one of its planes left Tel Aviv with passengers earlier Tuesday and the second is still on the ground there. United is working on plans to remove the second Boeing 777.

read the rest

Nobody wants another rocket attack on a civilian airliner. 

White House to ignore Appeals Court’s Obamacare ruling and continue issuing subsidies

King Obama doesn’t care whether or not he’s violating a law that he signed.  Checks and balances mean nothing to him.

from Daily Caller:

The Obama administration will continue handing out Obamacare subsidies to federal exchange customers despite a federal court’s ruling Tuesday that the subsidies are illegal.

A D.C. Court of Appeals panel ruled Tuesday morning that customers in the 36 states that didn’t establish their own exchange and use HealthCare.gov instead cannot be given premium tax credits, according to the text of the Affordable Care Act itself. (RELATED: Federal Court Takes Down Obamacare: Subsidies In Federal Exchange Are Illegal)

But the White House said in response that it will continue handing out the billions of taxpayer dollars in subsidies. White House press secretary Josh Earnest said that while the case continues to be battled out in the courts, the administration will continue to dole out billions in tax credits to federally-run exchange customers.

“It’s important for people all across the country to understand that this ruling does not have any practical impact on their ability to continue to receive tax credits right now,” Earnest said in a press briefing Tuesday.

read the rest

The statement by the White House today only further emphasizes that Obama only follows the laws he wants to follow. This is not how a President acts.  This is how a dictator acts.

White House Correspondents Association issues formal complaint over Obama admin’s lack of transparency.

CBS’s Major Garrett took time during today’s White House press briefing to speak on behalf of the White House Correspondents Association, issuing a formal complaint against the White House’s lack of media transparency. 

No joke: Shortly after testimony, IRS requests help destroying 3,200 hard drives

According to a report, mere days after the testimony suggesting that Lerner’s “crashed” hard drive had been “wiped clean”, the IRS requested help destroying 3,200 more hard drives.

From the Washington Times:

Days after IRS officials said in a sworn statement that former top agency employee Lois G. Lerner’s computer memory had been wiped clean, the agency put out word to contractors Monday that it needs help to destroy at least another 3,200 hard drives.

The Internal Revenue Service solicitation for “media destruction” services reflects an otherwise routine job to protect sensitive taxpayer information, but it was made while the agency’s record destruction practices remain under a sharp congressional spotlight.

Read the Rest

I understand that a massive organization like the IRS (110,000 employees. Think about that. More than a tenth of a million people whose job it is to take money from citizens who have earned it.) has a great amount of private data that must not get into the hands of the public. But it seems like there would have been slightly different protocol followed under the extenuating circumstances. Unless, of course, they were trying to hide something.

Delta cancels all Israel flights over missile fear

As Hamas’ rocket attacks on Israel continue, Delta airlines has cancelled all flights to and from Israel citing safety concerns after reports of a rocket landed near a major airport.

Delta Air Lines is canceling all flights to Israel until further notice, citing reports that a rocket landed near Tel Aviv’s Ben Gurion Airport.

A Delta Boeing 747 from New York was flying over the Mediterranean headed for Tel Aviv on Tuesday when it turned around and flew to Paris instead. Flight 468 had 273 passengers and 17 crew on board.

Airlines and passengers are growing more anxious about safety since last week, when a Malaysia Airlines jet was shot down over Ukraine, killing all 298 people on board.

VIDEO: When WH Press Secretary criticizes “anonymous sources,” reporter calls him out for being one!

White House Press Secretary Josh Earnest just got a huge smack down from reporters in the press pool.  Refusing to answer questions about a report with anonymous sources, McClatchy White House Anita Kumar blasted him for hypocrisy, revealing that Earnest himself was often an anonymous source.

Here’s the video:

I think it’s telling that Earnest describes the daily White House press briefing as a “symbol.” In other words, it’s meaningless but he’ll stand up there and bask in his own importance.

It’s also ridiculous for Earnest to criticize anonymous sources when the Obama administration has prosecuted more whistleblowers than any administration in history.

BOOM! Federal Appeals Court deals massive blow to Obamacare

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We told you this might happen. The latest lawsuit against Obamacare hits at the actual wording of the law.

From USA Today:

federal appeals court dealt a potentially major blow to President Obama’s health care law Tuesday, ruling that participants in health exchanges run by the federal government in 34 states are not eligible for tax subsidies.

The 2-1 ruling by a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit, which is sure to be appealed by the government, threatens the framework of the health care system for about 5 million Americans without employer-provided health plans.

The case, filed by a coalition of states, employers and individuals, had been considered a long shot effort to derail the Affordable Care Act, also known as Obamacare. Federal district judges in the District of Columbia and Virginia previously had ruled for the government. Three similar cases remain pending.

The appeals panel ruled that as written, the health care law allows tax credits to be offered to qualified participants only in state-run exchanges. The administration had expected most if not all states to create their own, but only 16 states did so.

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In short, the law states that health care exchanges would be set up by the individual states. But when 34 states rejected the exchanges, the individuals in those states signed up for Obamacare via federal exchanges. The problem is that nowhere in the law are federal exchanges mentioned. State exchanges, however, are mentioned multiple times. Some analysts are calling this a “long shot” and it might be. But it shouldn’t be. Words mean things and if “state” doesn’t mean “state”, then what other words in the law can be changed?

Remember, there are still several courts that need to hear this, but this is welcomed news to those of us who understand what a complete disaster this law is and will continue to be.

More analysis here. Reaction here.

Groundbreaking Report: Federal agents ‘directly involved’ in most high-profile US terror plots

This is huge, people. According to a report by Human Rights Watch, the federal government has participated in what amounts to entrapment in several (perhaps most) terrorism cases since 9/11, in some cases creating terrorists “out of law-abiding individuals.”

From the Guardian:

Nearly all of the highest-profile domestic terrorism plots in the United States since 9/11 featured the “direct involvement” of government agents or informants, a new report says.

Some of the controversial “sting” operations “were proposed or led by informants”, bordering on entrapment by law enforcement. Yet the courtroom obstacles to proving entrapment are significant, one of the reasons the stings persist.

The lengthy report, released on Monday by Human Rights Watch, raises questions about the US criminal justice system’s ability to respect civil rights and due process in post-9/11 terrorism cases. It portrays a system that features not just the sting operations but secret evidence, anonymous juries, extensive pretrial detentions and convictions significantly removed from actual plots.

"In some cases the FBI may have created terrorists out of law-abiding individuals by suggesting the idea of taking terrorist action or encouraging the target to act," the report alleges.

Out of the 494 cases related to terrorism the US has tried since 9/11, the plurality of convictions – 18% overall – are not for thwarted plots but for “material support” charges, a broad category expanded further by the 2001 Patriot Act that permits prosecutors to pursue charges with tenuous connections to a terrorist act or group.

In one such incident, the initial basis for a material-support case alleging a man provided “military gear” to al-Qaida turned out to be waterproof socks in his luggage.

Read the Rest

This kind of abuse of power is exactly what our founders warned us against. The various arms of the federal government (FBI, NSA, CIA, EPA, ATF, IRS, DHS, etc) are nothing but an unconstitutional fourth branch with virtually unlimited power and no accountability. If the allegations in this report are true, it should be enough to make anyone, progressive or otherwise, question the proper role of government.

Convert, leave, or be killed: After 2,000 Years, the Last Christian is Forced to Leave Mosul

The world is in utter chaos. Apart from the obvious problems we face here at home, Israel and Hamas are at war, things aren’t exactly good between Russia, Ukraine and others in the region following the murder of more than 300 innocent people when Russian sympathizers purportedly shot down a civilian aircraft in Ukraine, and the terrorists of the Islamic State (formerly ISIS) continue their reign of terror in Iraq.

The last Christian reportedly left Iraq’s second largest city of Mosul at 12:00pm on Saturday, ending over 6,000 years of Assyrian history in the city. Assyrians have lived in Mosul for over 6,000 years, converting to Christianity over 2,000 years ago. This all came to an end on Saturday, when the last Assyrian Christian left the city.

On Thursday, July 17th, the Islamic State (IS) …released a statement demanding the Christians in Mosul either to convert to Islam, paying the jizya (tax on non-Muslims), leave the city, or be killed. The threat was to be implemented on Saturday.  It is being reported locally that by noon yesterday, every Christian had chosen to leave.

NOAA: This June was the hottest June on record; Actual data: yeah, not so much

According to a recent press release by the National Oceanic and Atmospheric Administration, both May and June were their respective hottest months ever recorded. And, like any dishonest entity with an agenda, the AP along with several other news sites, ran with the story without any shred of actual journalism.

From the AP:

The globe is on a hot streak, setting a heat record in June. That’s after the world broke a record in May.

The National Oceanic and Atmospheric Administration announced Monday that last month’s average global temperature was 61.2 degrees, which is 1.3 degrees higher than the 20th century average. It beat 2010’s old record by one-twentieth of a degree.

While one-twentieth of a degree doesn’t sound like much, in temperature records it’s like winning a horse race by several lengths, said NOAA climate monitoring chief Derek Arndt.

Read the Rest (don’t do it!)

Isn’t that a great story? But what about, you know, reality? According to the much more accurate and unbiased satellite data, neither May nor June were even close to the hottest ever; A fact that the NOAA knew but chose to leave out of its press release.

I’ll let Steven Goddard tell you:

NOAA has entered the realm of blatant, unabashed fraud in their current discussions about climate.

More accurate satellite data which actually measures troposphere temperatures, shows that NOAA’s claims of record heat are incorrect. NOAA’s failure to disclose this information in their press release shows that they are intentionally misleading the public.

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Look, there’s too much at stake for alarmists to just let the data speak for itself. They know that if the religion of climate change fails in the eyes of the public, then progressivism suffers a serious blow, and that’s something that they can’t let happen.

So much for science.

Rick Perry sending 1,000 National Guard troops to the border

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Rick Perry responds to Obama’s current lawless actions (or inaction) by sending 1,000 National Guard troops to help protect the border.

From CBS News:

Gov. Rick Perry, R-Texas, announced Monday that he is activating up to 1,000 National Guard troops to the U.S.-Mexico border as he accuses the federal government of offering “lip service” on border security.

The announcement comes as the Obama administration is still struggling to deal with the influx of more than 50,000 unaccompanied minors, most from Central America, who have crossed into the United States in the past year. The additional resources are not aimed at the children themselves, Perry said, describing them instead as a “force multiplier” to help the Texas Department of Public Safety (DPS) “combat the brutal Mexican drug cartels that are preying upon our communities.”

"I will not stand idly by while our citizens are under assault and little children from Central America are detained in squalor. We are too good of a country," Perry said.

Read the Rest

Regardless of where you stand on immigration policy, what’s happening now is unacceptable. The taxpayers are footing the bill for the housing of thousands upon thousands of people in sub-standard, sometimes dangerous, living conditions, and there doesn’t seem to be an end in sight.

Joe Carr gaining on establishment GOP candidate, Lamar Alexander in recent polls

For those of you who are unaware of it, the Republican primary Senate race in Tennessee is heating up. That’s right, government-loving Lamar Alexander, establishment Republican extraordinaire, is finally getting a serious challenge. His opponent, Tea Party candidate Joe Carr, has seen a serious spike in polls since he received the endorsement of conservative radio host Laura Ingram, the person partially responsible for ousting Eric Cantor. Poor Richard’s News first introduced you to Joe Carr back in October with an exclusive interview.

Conservative radio host Laura Ingraham endorsed Joe Carr, the Republican Senate challenger to Sen. Lamar Alexander (R-TN), as a new poll shows that he is gaining significant support in his campaign.

A new poll conducted by Triton Polling, shows that Carr has jumped sixteen points in his race against Alexander in Tennessee since May. Alexander now leads Carr 43-36 percent.

The results show that 6.7 percent of voters chose long shot candidate George Flinn, four percent chose another candidate and 10.1 percent were not sure.

In May the same poll showed Alexander leading by 44-20.

The new results show that Carr has coalesced opposition to Alexander, although the incumbent senator retains a similar margin of support.

Alexander earns a 50.5 percent job approval rating in the poll including Tennessee 23 percent of polled voters who say they strongly approve. That’s down from 59 percent in the May poll, as Carr has raised questions about his record on immigration reform.

Both polls were sponsored by Tea Party Nation, an organization supporting Carr’s candidacy.

Super coincidence: The IRS reports more hard drive failures

Poor IRS. It’s hard to buy good computer equipment on a shoestring budget of $11.2 billion.

From the Daily Caller:

IRS Deputy Associate Chief Counsel Thomas Kane said in transcribed congressional testimony that more IRS officials experienced computer crashes, bringing the total number of crash victims to “less than 20,” and also said that the agency does not know if the lost emails are still backed up somewhere.

The new round of computer crash victims includes David Fish, who routinely corresponded with Lois Lerner, as well as Lerner subordinate Andy Megosh, Lerner’s technical adviser Justin Lowe, and Cincinnati-based agent Kimberly Kitchens.

Read the Rest

Umm…of course there’s no back-up anywhere. That’s what happens when you destroy evidence. It would be pointless to destroy only one of the copies.