Friday, July 2, 2010

Virginia Challenges Feds in First Health Care Lawsuit Hearing

FOX NEWS, July 1, 2010

The Obama administration is trying to have its cake and eat it too by arguing that the federal government is not taxing people to pay for health care, but then says state must comply with the new law because they can't avoid paying taxes, Virginia's attorney general's office argued in federal court Thursday.


In a hearing to determine whether Virginia has the standing to go forward with it lawsuit challenging the constitutionality of the Affordable Health Care Act, Deputy Assistant Attorney General Ian Gershengorn argued for the federal government that the Commonwealth of Virginia did not have the right to ignore the federal law because of the minimum coverage standard provision.

In brief, the provision says that if people don't buy health care insurance they must pay a fine. Gershengorn argued that the provision is a tax, which states can not ignore.

But Duncan Getchell, Virginia's solicitor general, argued that Congress was very careful not to classify any fees or penalties as taxes in the bill because President Obama opposed taxes on the middle class.

Getchell argued that the language in the law refers to the fine imposed for not obtaining health insurance as a penalty, which means it can not be classified as a tax.

The definition of a tax under the Commerce Clause is used to raise real revenue for the general purpose of the government. If the "penalty" works to get people to comply with the law, then it won't raise a dime, and therefore can not be considered a tax, the state argued.


"Congress called it a penalty in the bill, that is the word they used. Now mind you, this bill had taxes in it, when the judge asked the United States today is this a tax bill or is this a health care bill the answer was, it is both. That's very interesting given the insistence on part of the Legislature and the president prior to this bill that this is not a tax and not the position of the federal government is in face that this is a tax bill," Virginia Attorney General Ken Cuccinelli told reporters Thursday morning after arguments.

Making a separate argument, the federal government said the actual activity is uninsured citizens using the health care system without paying for it. Gershengorn said to keep health care from imploding the economy, they must regulate what could be classified as freeloading activity.

Getchell countered that the decision to not buy insurance is not "activity," and the federal government can't draft a regular citizen into commerce in order to regulate him or her.

"If not engaging in commerce is commerce there are no limits on federal power," Cuccinelli said.

The federal government argued that Virginia does not have standing to make its claims.

"Virginia cannot bring this suit against the federal government on the theory that the minimum coverage provision will burden or otherwise injure Virginia's citizens," the feds said in its brief to the court.

"Virginia claims standing on behalf of its citizens to challenge federal legislation, but citizens of Virginia are also citizens of the United States. The Commonwealth does not have standing to sue the federal government to exempt Virginians from the operation of federal law," the brief reads.

Judge Henry Hudson heard the arguments and has 30 days to release his written decision.

If he allows the suit to go forward in the next 30 days, than the case will be heard in October, and after those arguments, he will have another 30 days to make his ruling.

It's entirely likely that whichever side loses the case will appeal the case to the 4th Circuit Court, and then whoever loses there will appeal to the Supreme Court.

Meanwhile, most pieces of legislation brought before Congress have a severability clause, which means if a portion of it is deemed unconstitutional than the rest of the bill can still stand. The health care law does not have this, which means if Virginia's lawsuit prevails at the highest levels, the entire law will go down.

Fox News' Gretchen Gailey contributed to this report.






http://www.foxnews.com/politics/2010/07/01/virginia-challenges-feds-health-care-lawsuit-hearing/

Thursday, July 1, 2010

YouCUT! PLEASE CHECK OUT HIS WAY TO CUT GOVT SPENDING!

YouCut – a first-of-its-kind project - is designed to defeat the permissive culture of runaway spending in Congress. It allows you to vote, both online and on your cell phone, on spending cuts that you want to see the House enact. Vote on this page today for your priorities and together we can begin to change Washington's culture of spending into a culture of savings.
http://republicanwhip.house.gov/YouCut/

THE WASHINGTON TIMES: An open letter to President Obama from Jon Voight

An open letter from actor Jon Voight to President Obama:  June 22, 2010

President Obama:

You will be the first American president that lied to the Jewish people, and the American people as well, when you said that you would defend Israel, the only Democratic state in the Middle East, against all their enemies. You have done just the opposite. You have propagandized Israel, until they look like they are everyone's enemy — and it has resonated throughout the world. You are putting Israel in harm's way, and you have promoted anti-Semitism throughout the world.


You have brought this to a people who have given the world the Ten Commandments and most laws we live by today. The Jewish people have given the world our greatest scientists and philosophers, and the cures for many diseases, and now you play a very dangerous game so you can look like a true martyr to what you see and say are the underdogs. But the underdogs you defend are murderers and criminals who want Israel eradicated.

You have brought to Arizona a civil war, once again defending the criminals and illegals, creating a meltdown for good, loyal, law-abiding citizens. Your destruction of this country may never be remedied, and we may never recover. I pray to God you stop, and I hope the people in this great country realize your agenda is not for the betterment of mankind, but for the betterment of your politics.

With heartfelt and deep concern for America and Israel,


Jon Voight


© Copyright 2010 The Washington Times, LLC. Click here for reprint permission.

How Obama Bungled the Oil Spill: An Inside Story -- UNBELIEVABLE!

by Dick Morris, 06/30/2010
http://www.humanevents.com/article.php?id=37796

It's one thing to say that President Obama's administration showed its ineptitude and mismanagement in its handling of the Gulf of Mexico oil spill. It is quite another to grasp the situation up close, as I did during a recent visit to Alabama.

According to state disaster relief officials, Alabama conceived a plan -- early on -- to erect huge booms offshore to shield the approximately 200 miles of its coastline from oil. Rather than install the relatively light and shallow booms in use elsewhere, the state (with assistance from the Coast Guard) canvassed the world and located enough huge, heavy booms -- some weighing tons and seven meters high -- to guard its coast.

But ... no sooner were the booms in place than the Coast Guard, perhaps under pressure from the public comments of James Carville, uprooted them and moved them to guard the Louisiana coastline, instead.

So, Alabama decided on a backup plan. It would buy snare booms to catch the oil as it began to wash up on the beaches.

But ... the Fish and Wildlife Administration vetoed the plan saying it would endanger sea turtles that nest on the beaches.

So, Alabama -- ever resourceful -- decided to hire 400 workers to patrol the beaches in person scooping up oil that had washed ashore.

But ... OSHA (the Occupational Safety and Health Agency) refused to allow them to work more than 20 minutes out of every hour and required an hour-long break after 40 minutes of work, so the cleanup proceeded at a very slow pace.

The short answer is that every agency -- each with its own particular bureaucratic agenda -- was able to veto each aspect of any plan to fight the spill with the unintended consequence that nothing stopped the oil from destroying hundreds of miles of wetlands, habitats, beaches, fisheries and recreational facilities.

Where was the president? Why did he not intervene in these and countless other bureaucratic controversies to force a focus on the oil, not on the turtles and other incidental concerns.

According to Alabama Gov. Bob Reilly, the administration's "lack of ability has become transparent" in its handling of the oil spill. He notes that one stellar exception has been Obama aide Valerie Jarrett, without whom, he says, nothing whatever would have gotten done.

Eventually, the state stopped listening to federal agencies and just has gone ahead and given funds directly to the local folks fighting the spill rather than paying attention to the directives of the Unified Command. Apparently, there is a world of difference between the competence of the Coast Guard and the superb and efficient regular Navy and military.

Now, the greatest crisis of all looms on the horizon, as hurricanes sweep into the gulf. Should one hit offshore, it will destroy all the booms that have been placed to stop the oil from reaching shore. And there are no more booms anywhere in the world, according to Alabama disaster relief officials.

The political impact of this incompetence has only just begun to be felt. While administration operatives are flying high after a week in which the president's ratings rebounded to 49 percent in Rasmussen after his firing of Gen. McChrystal, the oil is still gushing and the situation is about to worsen.

The obvious fact is that Obama has no executive experience, and neither do any of his top advisors. Without a clear mandate from the top, needed efforts to salvage the situation are repeatedly stymied by well meaning bureaucrats strictly following the letter of their agency policy and federal law. The result, ironically, of their determined efforts to protect the environment has been the greatest environmental disaster in history. But some turtles are OK!

--------------------------------------------------------------------------------
Mr. Morris was an adviser to Bill Clinton for 20 years. He is the author of a new book "Condi vs. Hillary."

Jillian Bandes: Kagan's Top Ten

Here are the top ten quotes from Solicitor General Elana Kagan as she goes into her fourth day of Senate hearings.

1. "Like all Jews, I was probably at a Chinese restaurant." — Responding to Sen. Lindsey Graham, R-S.C., who asked Kagan was she was doing on Christmas Day of last year, when a an terrorist was caught trying to blow up a plane.

2. "Lets just throw that piece of work in the trash, why don't we?" she said. "That's before I went to law school, and didn't understand much about the way judges should work." — Speaking about her thesis to the Judiciary Committee, which defended both judicial activism and bemoaned the demise of the Communist Party in the United States.


3. "The 'disaster' would be if the statement did not accurately reflect all of what ACOG thought." — Trying to wiggle out of her previous reflection that the it would be a “disaster” if the American College of Obstetricians and Gynecologists could not identify any circumstances under which that partial-birth abortion “would be the only option to save the life or preserve the health of the woman.”

4. “Senator, the military at all times during my deanship had full and good access.”— Speaking on her decision to exclude military recruiters from availing themselves of Harvard’s career services office, and instead force them to work through a student group with limited access to the student body.
 
5. A "loosey-goosey style of interpretation in which anything goes." — Describing her opinion of a “living” Constitution.
 
6. “A vapid and hollow charade,” serving “little educative function, except perhaps to reinforce lessons of cynicism that citizens often glean from government.” — From 1995 Law Review article, expressing her opinions of Supreme Court hearings. Ironically, she ensured her very own hearings embodied that sentiment perfectly.


7. "Sounds like a dumb law. But I think that the question of whether it’s a dumb law is different from whether the question of whether it’s constitutional and I think that courts would be wrong to strike down laws that they think are senseless just because they’re senseless." — Responding to a question from Sen. Tom Coburn (R-Okla.), who asked Kagan if she thought a bill that required Americans to eat three vegetables and three fruits every day would violate the Commerce Clause.

8. “My political views are generally progressive.” — Responding to a question from Sen. Lindsey Graham (R-S.C.), who brought up the fact that a former chief counsel to President Obama characterized Kagan as "largely a progressive in the mold of Obama himself."

9. “I’m not quite sure how I would characterize my politics.” Responding to Sen. Jeff Sessions (R-Ala.)

10. “I wish you wouldn’t [ask].” Responding to Sen. Amy Klobuchar, (D-Minn.), who jokingly asked Kagan to give her opinion on the "the vampire versus the werewolf" in the television series Twilight. Klobuchar’s teenage daughter had seen the midnight showing on the morning before the hearings.

Burr-Chambliss bill diversifies energy, avoids cap and trade - National - NewsObserver.com

Burr-Chambliss bill diversifies energy, avoids cap and trade - National - NewsObserver.com

Morning Bell: The Limitless Power of the Obama-Kagan Congress

This Sunday, our nation will celebrate Independence Day, which commemorates the Continental Congress’ adoption of the Declaration of Independence on July 4, 1776. Thomas Jefferson’s Declaration preamble reads: “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.” The fact that we as a nation came together every year to celebrate this document might lead many Americans to believe that a Supreme Court Justice should take the Declaration of Independence into account when they are interpreting the Constitution. Elena Kagan is not one of those Americans. Under questioning from Sen. Tom Coburn (R-OK) yesterday, Kagan admitted: “To be honest with you, I don’t have a view of what are natural rights independent of the Constitution.”




And Kagan’s disturbing indifference to the existence of natural rights is just one of the many frightening revelations her confirmation hearing has produced. On Tuesday, Sen. Coburn pressed Kagan about the limits the Constitution places on Congress’ power to control what Americans do:



Coburn: If I wanted to sponsor a bill and it said Americans, you have to eat three vegetables and three fruits every day and I got it through Congress and that’s now the law of the land, got to do it, does that violate the Commerce Clause?



Kagan: Sounds like a dumb law



Coburn: Yeah, but I got one that’s real similar to it that I think is equally dumb. I’m not going to mention which it is.



Kagan: But I think that the question of whether it’s a dumb law is different from whether the question of whether it’s constitutional and I think that courts would be wrong to strike down laws that they think are senseless just because they’re senseless.



The law Coburn was referring to, of course, was President Barack Obama’s signature legislative accomplishment: the Obamacare provision that forces all Americans to buy health insurance. But Jefferson and the other Constitution framers designed the document to protect our “unalienable Rights” by limiting the power of Congress. They designed an ingenious system of checks and balances that divides state and federal authority in the hope of preventing any one government from exerting too much control over a free people. Specifically, Article I allocates to Congress “[a]ll legislative powers herein granted,” and section 8 of Article I (referred to by Sen. Coburn above as the Commerce Clause), grants Congress the authority “[t]o regulate Commerce with foreign Nations, and among the several States, and with the Indian tribes.” The Supreme Court has always understood that, taken together, these clauses put some legislative powers beyond Congress’ reach.



But Kagan has now testified that not only does she find the Founders’ concept of “unalienable Rights” irrelevant to Constitutional interpretation, but she also declined to say if the Constitution prevents Congress from telling Americans what to eat. Her evasive non-response to Coburn’s Commerce Clause inquiry shows that she would indeed be a rubber-stamp for almost any part of the Obama agenda that Congress enacts. So if the Obama administration convinced Congress (and this is a total hypothetical) that the survival of a single car company, let’s say Chrysler, was absolutely necessary for the survival of the nation’s economy, and Congress then passed a law forcing all Americans to buy a Chrysler car, Kagan would find such a law, while perhaps “dumb,” perfectly constitutional. Jefferson must be rolling in his grave.



The leftist members of the Senate Judiciary Committee know that the Obamacare individual mandate is extremely vulnerable to being struck down by the Supreme Court. That is why they have spent so much of the hearing trying to redefine what “judicial activism” is. As Heritage Deputy Director of the Center for Legal and Judicial Studies Robert Alt will testify today, the Court is not committing “judicial activism” every time it finds that a law violates the Constitution. Judicial activism is not a function of outcomes, but one of interpretation. Instead, it occurs when a judge applies his or her own policy preferences to uphold, or strike down, a statute or other government action which is clearly forbidden by the Constitution.



Kagan came to the committee with one of the thinnest records of any Supreme Court nominee in recent history. What little has been learned about her views so far has been highly disturbing. Nothing in her testimony has demonstrated she has either the respect for our nation’s founding documents or the independence from this White House to apply the law as it is written, and dispense justice without regard to the parties before her.



Quick Hits:



•Sen. Amy Klobuchar (D-MN) used her time questioning Elena Kagan to ask: “I keep wanting to ask you about the famous camp of Edward vs. Jacob or the vampire vs. the werewolf.”

•According to the CBO, the federal debt will represent 62% of the nation’s economy by the end of this year, the highest percentage since World War II.

•House Democrats have attached $10 billion in spending for government union jobs to the Afghanistan war funding bill.

•U.S. private employers added just 13,000 jobs in June, suggesting expectations of a big drop in the government’s upcoming nonfarm payrolls report were on target.

•A former Justice Department attorney who quit his job to protest the Obama administration’s handling of the New Black Panther Party voter intimidation case is accusing Attorney General Eric Holder of dropping the charges for racially motivated reasons.
 
Reprinted from:  http://blog.heritage.org/2010/07/01/morning-bell-the-limitless-power-of-the-obama-kagan-congress/?utm_source=Newsletter&utm_medium=Email&utm_campaign=Morning%2BBell