February 2, 2011

IBD Editorial: ‘ObamaCare Is No Longer A Law’; Punk President and Gangsters in Open Contempt

Filed under: Economy,Health Care,Taxes & Government — Tom @ 11:35 am

In a Tuesday evening editorial, IBD lays out the unvarnished truth:

Already bruised and unpopular, ObamaCare has now been issued a death sentence. Yet the White House says it will “proceed apace” with its implementation. Has anyone there heard of checks and balances?

True, (Federal Judge Roger) Vinson didn’t grant an injunction against ObamaCare in his 78-page ruling. But that’s because he clearly considers his judgment to be an injunction in itself. He expects the executive branch to comply with the law as he has ruled. “There is no reason to conclude that this presumption should not apply here,” he wrote.

As one of the lawyers for the 26 states that sued to block Obama-Care put it: “The statute is dead.”

That means current regulations, such as forcing insurance companies to treat 26-year-olds as children and provide free preventive care for policyholders, cannot be enforced, and new regulations should not be written.

It means that all bureaucratic work on the legislation must be stopped, that funding for programs — from the National Health Services Corps to student loans — be put on hold and that every working group or panel created by the statute be disbanded.

It also means that if the administration continues to try to enforce current regulations, write new regs, do any other bureaucratic work on the legislation, or spend any money on anything relating to the “dead” statute, it will by definition be in contempt of court. It will, assuming the President is aware of what they’re doing (of course he is), also be committing what in a sane world would clearly be seen as an impeachable offense.

But this is the era of the Punk President, and he is in charge of what eminent political historian Michael Barone has correctly characterized as a “Gangster Government.”

IBD editorialists recognize this reality:

The White House plans to appeal Vinson’s ruling. But until it asks for a stay and a court grants one, the government should cease and desist from implementing ObamaCare if it’s to stay within the bounds of the law. Don’t be surprised, though, if it doesn’t.

Democrats still control the White House and Senate, which means they control the levers of the bureaucracy. And they are the party that believes the Constitution means whatever they say it means. A little thing like a federal judge’s decision means nothing.

Not to punks and gangsters.

Until the administration gets a stay — and there’s no guarantee it will get one — the Attorneys General who brought the action should haul this administration’s sorry butts into court and get cease and desist orders with each and every identified attempt at continued implementation of the unconstitutional abomination known as ObamaCare.


UPDATE: The Punk and his Gangsters are in open contempt (HT Doug Ross) –


The only question is whether someone will cause the courts to issue the obvious finding.

Latest Pajamas Media Column (‘Reagan Neglected Minorities?’) Is Up

It’s here.

It will go up here at BizzyBlog on Friday (link won’t work until then) after the blackout expires.


The sub-headline is: “Sam Donaldson and the left run roughshod over the record.”

The column arose because of a throwaway line found in 1980s ABC White House Correspondent Sam Donaldson’s “tribute” to Ronald Reagan in USA Today on January 24 (bold is mine):

History will continue to assess his performance, particularly his policies — minorities and women were neglected — and as far as running up the national debt, it was Reagan, not George W. Bush or President Obama, who put us on the upward trajectory. But then, forcing Soviet communism onto what Reagan called “the ash heap of history” wasn’t such a bad way to spend the money.

“Minorities and women were neglected”? Really? And the evidence is … well, there really is no evidence.

There is plenty of evidence that Reagan’s economic policies led to unprecedented gains for blacks and Hispanics. While it’s still relatively early, our current president’s economic policies have begun to reverse decades of progress for both minority groups (yes they have). Go to the column to see the specifics.

Lucid Links (020211, Morning)

Filed under: Lucid Links — Tom @ 6:05 am

Chuck Schumer, Constitutional ignoramus:

At the 1:09 mark:

We have three branches of government. We have a House, we have a Senate, and we have a President.

Heaven help us, the New York senator’s next election isn’t until 2016.


Term of the week: “Broccoli hypothetical.” From the ruling throwing out Obamacare:

Or, as discussed during oral argument, Congress could require that people buy and consume broccoli at regular intervals…Not only because the required purchases will positively impact interstate commerce, but also because people who eat healthier tend to be healthier, and are thus more productive and put less of a strain on the health care system.

Via Volokh (HT Professor Bainbridge via Instapundit):

The logic of the pro-health care mandate argument can justify virtually any mandate to purchase or do anything. This opens the door to the machinations of a extraordinarily large number of interest groups. It seem very likely that at least a few of them will figure out a way to take advantage of the opportunity. Even if I can’t figure out exactly how to do it, interest group leaders and other professional political strategists probably can.

… interest group influence played a role in pushing through the individual mandate (even in spite of widespread hostility to the idea), and could easily have a similar impact in enacting other purchase mandates in the future.

I would argue that it already has, assuming the Michelle Obama Food Police Act is taken to it illogical end. And it’s also obviously unconstitutional.

On a somewhat lighter note, you can bet that at least one former president would not be pleased if the broccoli hypothetical became real.


Absolutely correct, via Dan Miller at Pajamas Media:

Only one who simply doesn’t care about individual rights could read Judge Vinson’s decision and still believe the individual mandate is constitutional.

Indeed, which leads to this assessment (don’t worry, they won’t listen to me): It might be smarter for the left to fold its tent on this, if it concludes that it can’t win at the Supreme Court, or possibly even at the appellate level.

If it loses at the appellate level and the Supremes don’t take the case, such a rejection would be a stunning “Don’t bring that garbage in here” message. Given the strength of Judge Vinson’s arguments, you cannot rule out that possibility. The Supremes only agree to look at about 2% of appeals.

If it gets to the Supremes and fails, the ruling becomes settled law, and overcoming it becomes much more difficult in the future, requiring both a change in the makeup of the Supreme Court and a willingness to buck important precedent.

If the left leaves it alone and comes back in 10, 15, or 20 years to fight another day, the slate is relatively clean, and their chances of winning, if they continue to infest the courts with “living, breathing” inventers of rights and privileges that don’t exist in the Constitution and who think that considering foreign law is a good idea, they have a better chance.

Good thing they won’t listen.


Another try at tagging the Tea Partiers, conservatives, and George W. Bush with somehow encouraging a planned violent act falls on its face (here, here, here, here).

Except that such tagging attempts, especially when purveyed by the establishment press in the early moments of a breaking story, partially do work. They plant seeds of disinformation in the relatively disengaged, some of whom will buy the lie and won’t ever learn otherwise. This is irresponsible. in some cases, it seems far from accidental.


Gradually, customer complaints about attempts to meter Internet usage instead of charging flat or mostly flat rates are causing U.S. ISPs and telcos to respond. Such plans are still out there, but competition is driving them out, and if left alone, it probably will come close to eliminating them — unless the FCC does to us what Canada and its phone system are inflicting on customers there:

Like it or not, the Canadian Radio-Telecommunications Commission (CRTC) approved UBB for the incumbent carrier Bell Canada in September. Competitive ISPs, which connect to Canada’s top telco for last-mile copper connections to customers, will also be metered by Bell. Even though the CRTC gave these ISPs a 15 percent discount this month (TekSavvy asked for 50 percent), it’s still going to mean a real adjustment for consumers.

If I’m reading this right, there’s no meaningful telco competition in Canada. That isn’t the way it is here, unless the FCC’s net neutrality nannies effectively decide to prevent the telcos from competing against each other, in which case the only practical way to increase their top line might be to acquiesce to (or lobby for?) metered usage.

Metered usage would benefit relatively deep-pocketed media outlets, which tend to be on the establishment side, and would potentially hurt less well-funded alternative players. The guess here is that the Obama FCC would see that as a feature, not a bug.

Trouble in Romneyland (HT Hot Air)? We can hope:

In each of the traditional early states, top Romney supporters from the last campaign tell POLITICO that they’re hesitant to get behind the nearest thing the GOP has to a frontrunner. His difficulties are particularly acute in Iowa and South Carolina, where his former enthusiasts say they have not heard from him, believe he may be intent on downplaying the states in his second White House run and are openly flirting with his potential rivals.

There is talk Romney will skip Iowa. If so, that’s because the road to victory in the Hawkeye State goes through Des Moines talk-show host Steve Deace, who sees through the entire Romney sham.

That avoid-Iowa gambit didn’t work for Rudy Giuliani in 2007-2008. That Team Romney is even considering it tells you all you need to know about the genuineness of Mitt Romney’s alleged conservatism, and why sensible, constitution-loving conservatives should say: “Not This Mitt Again.”

Positivity: Army Captain Builds iPhone App for Soldiers in Afghanistan

Filed under: Marvels,Positivity,US & Allied Military — Tom @ 5:58 am

From PCMag.com (indirect HT Not a Drive-By):

As Army Capt. Johnathan Springer geared up for a deployment to Afghanistan with the 101st Airborne, he scoured the Internet for a smartphone app that would help him in the field. There wasn’t one, so Springer decided to build an app himself.

Tactical Nav is an iPhone app that helps soldiers in mapping, plotting, and photographing waypoints on the field of battle. Expected to be available in the App Store some time next month, it works like a wartime location-based service, conveying coordinates to supporting units.

“I’ve been an iPhone user for quite a while and I’m obviously a Mac guy,” Springer told CBS News. “I’m a heavy pusher of the iPhone because of what it can do and I see the benefits, not only at home, but here in combat.”

It’s a little more technical than the directions found in the average iPhone app. Tactical Nav uses the phone’s camera and GPS to do things like call in air support, direct artillery file, and relay information to others using the app. Using a gridded map, it also recognizes specific latitude and longitude coordinates.

“My wish is to provide a soldier with a very inexpensive, accurate tool to help them in combat, or back in the States if they’re hunters or outdoor enthusiasts,” Springer said. He noted that the app is simple enough for a civilian to use while grocery shopping. “I’ve got to think what do my soldiers need to go into battle? What do my soldiers need that could save their lives? So that’s what I’m thinking about right now.”

The 31-year-old from Ft. Wayne, Indiana said the idea for Tactical Nav came to him in a dream last July. Springer used $26,000 of his own money to work with developers and a design company to realize that dream. …

Go here for the rest of the story.