Roberts Fundamentally Transforms SCOTUS Into Super Legislature

Thursday, June 25th, 2015 and is filed under Blog, Obamacare

Cross posted from Conservative Review.

By: Daniel Horowitz | June 25th, 2015

With a Republican Party that fights just as hard for the liberal agenda as the Democrat Party, the remaining argument promoted in defense of voting for liberal Republicans is that they will appoint good judges to the Supreme Court. Today’s events should relegate that argument to the fate of the Confederate flag.

For the second time in two years, Chief Justice John Roberts redrafted Obamacare from the bench. We already know that Obama has supplanted the legislative powers of Congress; now Roberts is competing with him to consume the remaining vestiges of legislative power ceded by the people’s representatives.

In upholding the Obamacare subsidies in states with federal exchanges – in contravention to the plain text of the law – Roberts and the 5 other Justices have made it clear that political outcomes and ideology not only affect their constitutional jurisprudence but their obligation to read the plain meaning of congressional statutes.

After essentially conceding the argument that the plain language of the text only provides for subsidies for those states that set up state-based exchanges, Roberts wrote, “In this instance, the context and structure of the Act compel us to depart from what would otherwise be the most natural reading of the pertinent statutory phrase.” Roberts concludes, “A fair reading of legislation demands a fair understanding of the legislative plan. Congress passed the Affordable Care Act to improve health insurance markets, not to destroy them. If at all possible, we must interpret the Act in a way that is consistent with the former, and avoids the latter.”

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Deception, Lies & Really Bad News for Obamacare

Tuesday, November 11th, 2014 and is filed under Blog, Obamacare

Things continue to get worse for supporters of Obamacare. First, a key architect of the law revealed on camera how deceptive he and the Administration were in crafting the law so it would pass without transparency — “call it the stupidity of the American voter,” he said.

Now, another piece of the law is under continuing fire since the Supreme Court decided it would hear King v. Burwell after an appeal. This is just one of many issues with the law, which has, in fact, already been changed 42 times since it’s passage.

If a law has to be so completely hacked to death over such a short period of time, doesn’t that mean it wasn’t ready to go in the first place? That’s putting it nicely.

King v. Burwell regards whether or not the Obama Administration will provide tax credits to individuals who purchase insurances through the federal Obamacare exchanges – and not just to those using state-based exchanges.

The Supreme Court taking up the case alone makes the Administration look bad — but the confusing language inside the law only serves to confirm that deception via confusion was part of the plan all along.

The Obamacare architect in the video above said the law was “written in a tortured way” on purpose and that such tactics were “really critical in getting the thing to pass.”

Clearly, the tortured language has been torturing the American people since then, and that continues in this latest court case.

Part of getting people to buy into Obamacare was promising them their healthcare would be less expensive or that they’d receive tax breaks. If the Supreme Court now decides, via King v. Burwell, that individuals cannot receive subsidies through the federal exchange, then all the people in those states will be out of luck once again.

It will be yet another promise broken, another misleading part of a law that’s been everything but what many Americans though it would be.

When something is so bad it has to be written “in a tortured way” to deceive people — and revised 42 times in three years — it’s time to admit it shouldn’t have been passed in the first place.

Since Obamacare was passed, there have been plenty of conservative alternatives to consider but both Democrats and the media have ignored them. It’s time to put forward legislation that actually prioritizes Americans and puts the patient first.

The Obamacare Horror Show

Wednesday, November 5th, 2014 and is filed under Blog, Obamacare

What was on the forefront of every candidate’s mind this election season? Obamacare.

Democrats have tried desperately to get away from it and Republicans are doing all they can to remind voters how awful it is. That’s why the House GOP decided to attack Obamacare in their ads more than any other issue this year.

According to the Hill, 1/3 of 130 television ads from the GOP were focused on the controversial legislation.

Even some Democrats ran ads this year criticizing the law, though not going so far as to support repeal.

Many candidates are still campaigning on the notion of repealing and replacing Obamacare.  Polls show that up to 60% of voters still want Obamacare to be repealed and numbers began moving up increasingly this summer as Election Day neared.

As conservative grassroots candidates and voters remain committed to getting rid of the law, Republican Senate Minority Leader Mitch McConnell is making some on the Right angry.

McConnell recently said of an Obamacare repeal, “No one thinks we’re going to get that,” proving he’s not nearly as committed to repealing the law as his passionate conservative counterparts.

Despite McConnell’s back tracking, Republicans remain confident that Obamacare criticism is an essential part of gaining voter support.  Veteran pollster Scott Rasmussen said in an interview this week that Obamacare is the “defining issue” of the 2014 elections.

With everything from website security issues to unaffordable healthcare plans and taxpayer coverage of abortion, there’s little for voters to find appealing about the law even at face value.

The GOP was wise to keep a strong focus on Obamacare, the legislation that had to be passed in the middle of the night against the will of the American people.

Today, the people speak.

Kill The Duck

Friday, October 31st, 2014 and is filed under Blog, Elections, Obamacare

There seems to be a general consensus that Republicans will retake the Senate in next Tuesday night’s election. If that is the case, they won’t retake the reins of power until early in January of 2015, giving the Senate Democrats one last gasp at legislating during the forthcoming lame duck session. There are a number of terrible ideas being floated for the lame duck, but the one I want to discuss today is the idea of “clearing the decks” so that Congress can start fresh in 2015.

Currently there is a continuing resolution in effect that funds the government until December 11th. There are rumblings that Congressional leadership, both Republicans and Democrats in both chambers, wants to pass a long term funding bill that funds the government through next fall. If next Tuesday night’s election results hand the Senate over to Republicans, conservatives need to resist this approach vigorously.

First, the obvious reason is that all manner of retired and defeated members will be voting on extremely important issues. Even the fine folks who wrote The West Wing understood how problematic this is.Lame duck Congressman and Senators could be voting on numerous nominees, internet taxation, funding for Obamacare and amnesty for illegal aliens and voting contrary to the people who just turned them out of office.

This brings me to my second and more important point. The funding bill.

Leadership wants to “clear the decks” (by that they mean pass all the major legislation and nominees sitting before Congress) so that they can start off the new Congress focusing on their priorities.  Their priorities are much more likely to reflect the priorities of Wall Street and K Street than Main Street.  The first thing they want to get out of the way is the controversy surrounding funding Obamacare and the President’s illegal amnesty. And by get out of the way I mean fund Obamacare and amnesty.

Congress – and the House of Representatives in particular – holds the purse strings, without which the President cannot implement his agenda. If Congress does not fund an activity, then the Executive Branch cannot implement it. Further if Congress affirmatively acts to restrict funding for an activity, the Administration’s hands are similarly tied. Congress knows exactly how to limit funding for Obamacare – they have done it in the past – and candidates are pledging to do it on the campaign trail at this moment.

At the same time, the American people want Congress to defund President Obama’s lawless amnesty program for illegal immigrant children – often known as DACA.   If media reports are correct, by the time the lame duck begins, President Obama will have issued an even broader amnesty for adult illegal aliens.   The only way to stop this will be to turn off the funding for the President’s amnesty.

But if the Congressional leadership “clears the decks” in November the opportunity to include riders to block amnesty and defund Obamacare evaporates until next fall.  By the time we get back to appropriations bills the amnesty program will be well underway and much harder to undo.

If candidates are serious about opposing Obamacare and Executive amnesty, they need to pass a very short-term Continuing Resolution in November that only funds the government until January, so that the Republican House and Senate can come back and include the important Obamacare and amnesty defunding provisions they promised the American people.

How Much Will Obamacare Cost You in the Next 10 Years?

Monday, October 27th, 2014 and is filed under Blog, Obamacare

$131 billion. These days numbers in the millions, billions and even trillions, have lost their shock value — but they shouldn’t. This is the amount of money the U.S. federal deficit will increase by over the next 10 years, thanks to Obamacare. A new report from the Republican Senate Budget Committee shows why things have gotten so bad.

A top Democrat aide called the report  “garbage,” but we know better. And it’s not just the money it will cost, it’s the jobs. CBO reports that 2.5 million full-time employees will be forced out of their jobs by 2024 because of the law. It’s a double whammy our country doesn’t deserve.

When Obamacare was first passed, CBO estimated it would actually reduce the deficit but things didn’t exactly go as planned. Even though the Obama Administration claimed the law would be funded by 18 new taxes, that’s not enough — never mind the fact that most people aren’t too keen on this new “revenue.”

The Senate report considers changes made to Obamacare since 2012 and how those unexpected events completely shift the fiscal outcome. For example, not as many people signed up for Obamacare as the Administration hoped. Additionally, millions of people have had the Obamacare mandate penalty waived for a variety of reasons. These things, among others, decrease the amount of money the Administration was counting on for funding.

Meanwhile, the President continues to stress that “this thing is working.” Unfortunately for him, it’s quite clear that the law hasn’t “worked” tangibly or technically from the start. In 2009, Obama promised he would not “sign [Obamacare] if it adds one dime to the deficit, now or in the future, period.”

The future is here, Mr. President, and you have more dimes than one to account for now.

Paying for Abortion Whether You Like It or Not

Tuesday, September 30th, 2014 and is filed under Blog, Obamacare

The claim seems to come and go, but this week, there is more hard evidence that Obamacare does indeed force individuals to fund subsidies for healthcare plans that cover abortion.

No, it’s not a lot of your personal money, but that’s not the point. Individuals who believe life begins at conception and oppose abortion should not be forced to fund it in any way whatsoever.

This is especially relevant since President Obama said on record, “under our plan, no federal dollars will be used to fund abortion.”

Just because there isn’t a section marked “abortion” on our paychecks or healthcare plans doesn’t mean that’s not the case. The connection is rather clear in a newly released GAO report.

The report finds that abortion is not being itemized as a separate surcharge on most insurance plans. In fact, 1,036 plans do cover elective abortion and remain able to receive taxpayer subsidies — and it’s happening in all 50 states.

It wouldn’t be that hard for the Administration to ensure that abortion funding wasn’t included in plans for individuals that don’t want to pay for it – but it’s clearly not a priority. There is even a “No Taxpyaer Funding of Abortion Act” passed by the House earlier this year. But, I guess that’s being ignored.

There’s absolutely no reason not to have full transparentcy when it comes to abortion funiding in Obamacare – or any other government action. The fact that the Presdient lied to the American people and the Administration conitnues to keep up the ruse is unacceptable.

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The K Street Revolving Door Continues Turning

Monday, May 12th, 2014 and is filed under Blog, Obamacare

A few weeks ago, we noted that House GOP leadership has carefully picked which partial Obamacare bills come to the floor.  Notably, only those aspects of repeal that are fully supported by the health care lobbyists on K Street ever see the light of day for a floor vote.  The example from last month was a bailout of Cigna’s calamity with expatriate health insurance plans for American executives serving overseas.

The health care industry spent a lot of money campaigning for Obamacare, but now they don’t want to deal with the consequences of the law, at least not those aspects that affect their bottom line in the near-term.  It’s no surprise that Senator Marco Rubio’s “risk corridors” bill, which would eliminate the slush fund to bail out insurance companies from revenue losses due to the Obamacare mandates, never received a vote in the House.  It is vehemently opposed by the health industry lobbyists.

To illustrate just how strongly Republicans are controlled by K Street look no further than today’s news that Brendan Buck has accepted a position as the top spokesman for the health insurance industry.  Buck, a longtime spokesman for Speaker John Boehner, will become vice president of communications at America’s Health Insurance Plans (AHIP).

As the Washington Post notes, AHIP is a supporter of Obamacare and a big force behind opposing the elimination of the “risk corridor” bailout.

Over the next few months, we will begin to see a number of stories about how repealing Obamacare is a thing of the past.  Just today, The Hill observes how “the GOP goes quiet on Obamacare,” as there is no more pending legislation going through committee or coming up for a floor vote.

Indeed it has become clear that the battle over defunding Obamacare last fall was not just a disagreement in strategy.  If we fail to get rid of leadership and elect more fresh conservative blood, passing amnesty will supplant repeal of Obamacare as the cause célèbre of the Republican Party.

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President Obama Delivers State Of The Union Address

McCain Gives Voice to the Left Again

Thursday, May 8th, 2014 and is filed under Blog, Obamacare

As a sitting Senator, every member of the upper chamber has numerous opportunities on a daily basis to influence the debate and enhance a conservative agenda.  This goes far beyond a mere voting record; it’s about being a loud and effective voice for the cause.

We see this every day from people like Ted Cruz who shamed Democrats into supporting his bill  denying a visa to an Iranian terrorist.

We see this every day from people like Mike Lee who rail against the Chamber of crony capitalism.

We see this every day from people like Jeff Sessions who single-handedly exposes the open-borders agenda and gives voice to the American side of the amnesty debate.

And unfortunately, we see this every day from people like John McCain, who not only vote with Democrats, but give voice to their most destructive causes.

Just today, John McCain decided to storm into a committee hearing and heap garrulous praise upon Obama’s nominee for Secretary of HHS, Sylvia Burwell.

We are living through a time when Obamacare is destroying the healthcare sector and forcing millions of Americans to become dependent on a subpar delivery system. We are witnessing the end of the middle class living with self-respect and independence.  We are witnessing the creation of a part-time workforce as a result of the mandates.  Yet, John McCain, who is not a member of the Senate Committee on Health, Education, Labor, and Pensions (HELP), showed up to the confirmation hearing uninvited just to drool over Burwell:

McCain told the Health, Education, Labor and Pensions Committee when he first heard Burwell was being nominated to replace HHS Secretary Kathleen Sebelius, he advised his “friend” against taking the job.

He said the move would mean she would be leaving the toughest job in Washington as director of the Office of Management and Budget for the most thankless job as secretary of HHS.

“Who would recommend his friend take over as captain of the HHS titanic after it hit the iceberg?” McCain asked.

McCain touted Burwell’s resume as OMB director, chief operating officer of the Gates Foundation, and president of Walmart, and recommended his colleagues visit Bentonville, Ark., where Walmart was founded, to see what an American success story looks like.

There is one thing to say she is smart and “qualified,” but to storm into the hearing to slobber over someone who is all-in on Obamacare is destructive to any effort to fight the unconstitutional administrative power grabs.  Most appallingly, McCain predicted that Burwell will be much more responsive than Sebelius.  Really?  What message does that send to the Obama administration, which has been stonewalling on providing information with regards to the implementation?  McCain is unilaterally surrendering to the administration, even as they continue to violate Obama’s own law with administrative legislating.  Can he promise us that Burwell will be open with Congress and will not overwrite portions of the law?

I guess it sends the same message to Obama on transparency in healthcare as McCain’s fight for amnesty does in the realm of transparency on immigration.  It gives voice to the opposition.  And that is exactly what McCain relishes.

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They Lied to Us

Tuesday, April 29th, 2014 and is filed under Blog, Immigration, Obamacare

We told you so.

During the battle to defund Obamacare last fall, we all warned that the schism within the party was about more than strategy; it was about the future of Obamacare itself.

At the time, our opponents within the party mocked our effort to defund Obamacare as a folly and even asserted that our strategy was distracting from the problems with Obamacare itself and would weaken our ability to repeal it.  They promised that as long as we hold tight and wait until Republicans win back control of the Senate, we could repeal Obamacare.

We responded by noting that once the dependency of Obamacare would take effect, the law would be immutable.  Even though the coverage offered by Obamacare would be subpar and eventually collapse the healthcare system, for the time being that is the only coverage many people would have, especially those who were thrown off their insurance plans.  We also pointed out that the first time Republicans would have full control of government would not be until 2017, at which point the law would never be repealed.

Nonetheless, they fought us every step of the way and publicly lambasted conservatives in the halls of Congress.  Obviously, Democrats had nothing to fear, as they knew the majority of Republicans had no intention of holding their ground and would even tear down their own base in order to do Harry Reid’s bidding.

Fast-forward just a half a year and Republicans are now admitting they lied to us.  They never had any intention to fight for full repeal of Obamacare.  Now that the defund fight is behind us, they are admitting that they cannot repeal it.  Over the past week, no less than John Boehner, Mitch McConnell, Rand Paul, and Cathy McMorris Rodgers – prominent GOP leaders who opposed the defund effort – have come out of the closet to imply, in varying degrees, that full repeal is a thing of the past.

What we are starting to see from GOP leadership is a pattern of only attacking those portions of Obamacare that the lobbyists for big business or the healthcare industry oppose, even though these same people have lobbied for the broader law.  The House plans to re-introduce the bill that would bailout Cigna – a supporter of Obamacare – from one aspect of the law that adversely affects them.

The irony is that while GOP leaders like Boehner and McMorris Rodgers are surrendering on Obamacare, they are vehemently pushing for amnesty and open borders.  Even Rand Paul, while backpedalling on repealing Obamacare, is talking up passage of amnesty and downplaying the problems with illegal immigration.

Folks, the fix is in.  If we continue down the same path and fail to install new leadership, don’t act surprised when Republicans abandon the effort to repeal Obamacare and go all in for Obama’s amnesty bill.  And frankly, if we reelect these same leaders, that is exactly what we deserve.

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These are our Leaders?

Friday, April 25th, 2014 and is filed under Blog, Elections, Immigration, Obamacare

Imagine the leaders of the Democrat Party mocking the party faithful.  Try to conjure up the image of Nancy Pelosi or Harry Reid running false ads against liberal candidates.  Save that thought in your mind because you will never see it in real life. Democrats harness the power of their base to advance the cause of their ideology and party platform.  Republican leaders, on the other hand, are at war with their party’s platform.

While speaking to a rotary club in his Ohio district, Speaker John Boehner had this to say about conservatives who are concerned about open borders:

“Here’s the attitude. Ohhhh. Don’t make me do this. Ohhhh. This is too hard,” Boehner whined before a luncheon crowd at Brown’s Run County Club in Madison Township.

“We get elected to make choices. We get elected to solve problems and it’s remarkable to me how many of my colleagues just don’t want to. … They’ll take the path of least resistance.”

Boehner said he’s been working for 16 or 17 months trying to push Congress to deal with immigration reform.

“I’ve had every brick and bat and arrow shot at me over this issue just because I wanted to deal with it. I didn’t say it was going to be easy,” he said.

Yes, Mr. Boehner.  We actually want to solve the immigration problem.

We want to deal with the problem of criminals being let out of jail.

We want to deal with the problem of Obama suspending deportations.

We want to deal with birthright citizenship and other magnets that allow foreigners to violate our sovereignty and take advantage of the welfare state.

We want to make immigration work for the American people, not for your donors.

Sadly, you have no interest in joining us in combating the President’s malfeasance.  You are the one who is too scared to make hard decisions.  It’s a lot easier to go along with the political class and cowardly hide behind the misleading canard of “reform” just for the purpose of pushing the same failed amnesty that has engendered endless cycles of illegal immigration and that is already spawning a new wave.  It’s akin to saying conservatives are cowards for not dealing with “healthcare reform” because they don’t support Obamacare.

Oh, woops, Boehner is ostensibly saying that as well.

While mocking conservatives for fighting Obama on amnesty, Boehner made it clear that he has given up the fight over full repeal of Obamacare.

(To) repeal Obamacare … isn’t the answer. The answer is repeal and replace. The challenge is that Obamacare is the law of the land. It is there and it has driven all types of changes in our health care delivery system. You can’t recreate an insurance market overnight.

Which means that he has no intention to repeal it.

It’s funny how we warned those who opposed the effort to defund Obamacare that they would never repeal it at a later date.  They denied the charge at the time; now they are embracing it.

What about the House Majority Leader, Eric Cantor?

He is being challenged by Dave Brat, a little-known economics professor with almost no money.  Yet, amazingly, Cantor is up with a negative ad that is appallingly dishonest.  Cantor is not man enough to run ads touting his enthusiastic support for amnesty.

Folks, this is GOP leadership for you.  And this is the leadership we will continue to have if we fail to take back the party.

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