Federal Judge Declares Obamacare Unconstitutional

Don’t get too excited, because it would have to go to the Supreme Court again. So we can get Chief Justice Roberts to do the wrong thing again

Citing change in tax law, judge rules entire health-care law unconstitutional

A federal judge in Texas threw a dagger into the Affordable Care Act on Friday night, ruling that the entire health-care law is unconstitutional because of a recent change in federal tax law.

The opinion by U.S. District Judge Reed O’Connor overturns all of the sprawling law nationwide.

The ruling came on the eve of the deadline Saturday for Americans to sign up for coverage in the federal insurance exchange created under the law. If the ruling stands, it would create widespread disruption across the U.S. health-care system — from no-charge preventive services for older Americans on Medicare to the expansion of Medicaid in most states, to the shape of the Indian Health Service — in all, hundreds of provisions in the law that was a prized domestic achievement of President Barack Obama.

President Trump, who has made the dismantling of the ACA a chief goal since his campaign, swiftly tweeted his pleasure at the opinion. “As I predicted all along, Obamacare has been struck down as an UNCONSTITUTIONAL disaster!” the president wrote just after 9 p.m. “Now Congress must pass a STRONG law that provides GREAT healthcare and protects pre-existing conditions.”

Later, the White House issued a statement on the ruling, saying: “We expect this ruling will be appealed to the Supreme Court. Pending the appeal process, the law remains in place.”

Congressional Democrats have said that they plan to Do Something, which most likely means passing something even more extreme. The few moderates, Blue Dog Dems, and plain old Liberals will want something a little stronger than Ocare. The more hardcore ones, of which there are now a lot, perhaps even a majority, will push for their single payer Medicare For All plan.

“Once the heart of the ACA — the individual mandate — is declared unconstitutional, the remainder of the ACA must also fall,” the lawsuit said.

In his 55-page opinion, O’Connor agrees. He writes that the individual mandate is unconstitutional, saying that it “can no longer be fairly read as an exercise of Congress’ tax power.”

The judge also concludes that this insurance requirement “is essential to and inseverable from the remainder of the ACA.”

And that has always been at the heart of the matter, despite what the liberals and Chief Justice Roberts ruled: the tax is un-Constitutional, and there was no severability built in Obamacare. Rule one part un-Constitutional, the entire thing is un-Constitutional.

Interestingly, many insurers and health insurance groups are upset with this ruling. It’s almost as if they see themselves making lots of money from Ocare, eh?

What happens now? The time to kill Ocare was in 2012, before it went into effect. Now that so many depend on it, it must be replaced. But with the Senate controlled by the GOP and House the Democrats, what could they possibly agree on?

Read: Federal Judge Declares Obamacare Unconstitutional »

Federal Court Seriously Quotes Children’s Cartoon Movie In Pipeline Decision

I’ll admit, I’m not a big fan of this pipeline due to the area it travels through (though, really, lots and lots and lots of pipelines do the same and nothing bad happens), but the reason it was killed is absurd

Court tosses permit for pipeline to cross Appalachian Trail

A federal appeals court has invalidated a permit for the Atlantic Coast Pipeline to cross two national forests, including parts of the Appalachian Trail.

A three-judge panel of the 4th U.S. Circuit Court of Appeals found Thursday that the U.S. Forest Service “abdicated its responsibility to preserve national forest resources” when it approved the pipeline crossing the George Washington and Monongahela National Forests, and a right of way across the Appalachian Trail.

The ruling quoted “The Lorax” by Dr. Seuss, saying the Forest Service is trusted to “speak for the trees, for the trees have no tongues.”

Read: Federal Court Seriously Quotes Children’s Cartoon Movie In Pipeline Decision »

If All You See…

…is a garage meant to store horrible fossil fueled vehicles, you might just be a Warmist

The blog of the day is The Daley Gator, with a post on yoga triggering snowflakes.

Read: If All You See… »

Guy Who Made Tons Of Money In Insurance Industry Wants Democrats To Push Single Payer

Of course, Wendell Potter doesn’t call it single payer, but uses the Democrats buzz phrase of Medicare For All

Take it from me, tweaks won’t fix health care. Democrats should focus on Medicare for All.

Democrats have secured a 40-seat flip of the House of Representatives, based largely on a nationwide call for health care reform. Many Democrats, led by Brian Higgins of New York, are planning to use their newfound control of the House to work on a Medicare buy-in bill.

I spent 20 years as a health insurance executive before leaving my job as a vice president at Cigna. I can tell you firsthand that by focusing on a half-baked measure like a Medicare buy-in, Democrats would hand a huge gift to the private insurance industry while doing less than the bare minimum to help struggling businesses, workers, families and patients.

When the next Congress starts in January, House Democrats should use their new majority introduce, debate and vote on significant legislation that would assure universal coverage, protect taxpayers, and dramatically transform our health care system: Medicare for All. (snip)

It’s time for Democrats to stop proposing health care reform that relies on insurance companies to play fair. After two decades in the for-profit health insurance industry, I can assure you they never will. They have no interest in doing anything that might in any way jeopardize profits. Their only interest is delivering profits to their shareholders. From that perspective, the status quo is very profitable. For everyone else, not so much.

So, he made oodles of money in his position as a VP at a for profit health insurance company, but now has an issue with that model. Why is it so wrong for companies to make a profit in Liberal World? Could insurance companies do better by their clients? Oh hell yes. But putting government in charge of our health insurance and health care is not the outcome people should be looking for.

Business owners are struggling to provide health insurance to their employees, workers’ take-home pay is shrinking as their premiums go up, patients are literally begging for their lives on fundraising platforms like GoFundMe, doctors and hospitals are drowning in paperwork dealing with insurance claims departments, and more than 80 million people lack adequate health insurance.  That number is increasing every year. Reform is desperately needed.

Democrats have the chance to be the champions of that reform if they don’t waste their energy on half-measures. Instead of thinking about how they can make small tweaks to the health care system, they should start thinking about how to enact dramatic reforms that will assure universal coverage while reducing costs and encouraging economic growth. Voters and taxpayers are asking for Medicare for All. It’s time to listen.

He forgets to mention how to pay for it. Because it won’t be free. And it will see take-home pay shrink.

It’s interesting, though, that Obamacare caused that increase in paperwork and was supposed to fix things like premiums and make it so people had adequate health insurance. Of course, using it is something else. Obamacare made deductibles virtually un-affordable, while single payer makes it difficult to use as waiting times and denials due to age and such spike.

Read: Guy Who Made Tons Of Money In Insurance Industry Wants Democrats To Push Single Payer »

Say, Is Climatism Only For The Rich?

The NY Times’s gives Neil Gross, a professor of socialogy, a platform to say that it is complicated, especially as he muddles the waters by mixing environmentalism and ‘climate change’

Is Environmentalism Just for Rich People?
Sometimes it can seem as if only the privileged support the cause. But the truth is more complicated.

(couple paragraphs on Paris climate change tax riots)

As with working-class support for the faltering coal industry in the United States, the question arises: Is environmentalism a boutique issue, a cause only the well-off can afford to worry about?

Some social science suggests the answer is yes. In a landmark 1995 paper, the sociologist Ronald Inglehart observed an intriguing pattern in public support for the environmental movement. According to a public opinion survey he conducted in 43 nations, the countries where large percentages of the population supported strong environmental policies shared two characteristics: They were dealing with major environmental challenges (air and water pollution and species conservation were among the top priorities at the time) and they were affluent.

Mr. Inglehart argued that citizens were apt to prioritize environmental concerns only if they were rich enough not to have to fret about more basic things like food and shelter. Environmentalism was part of a larger “postmaterialist” mind-set, focused on human self-realization and quality of life, that was naturally to be found in the world’s economically advanced societies — and especially among better-educated, wealthier citizens. Mr. Inglehart anticipated that growing prosperity, rising education levels and increasingly dire environmental circumstances would translate into the further spread of environmental consciousness in the years to come.

Well, that does tend to be true in polling, with environmental issues, especially when merged with ‘climate change’, tend to come in very, very low on people’s lists of concerns.

Thought-provoking as Mr. Inglehart’s thesis is, however, it’s not hard to identify weaknesses. Here’s an obvious one: The United States, like France, is a prosperous country with a well-educated population. Yet according to a survey conducted this year by the Pew Research Center, only 44 percent of Americans say they care a great deal about climate change.

Maybe that’s because they are educated.

More recent research bolsters this skeptical view. Work by the sociologists Riley Dunlap and Richard York, based on a wider range of data, turns Mr. Inglehart’s finding on its head: They have discovered that the publics of poorer countries facing imminent resource loss from environmental destruction often hold the strongest pro-environment attitudes. For example, the island nation of Fiji — which stands to be decimated by global warming, rising sea levels and storms — ratified the Paris climate agreement on a unanimous parliamentary vote before any other nation did.

Except, it was the elites of that nation who voted to the Paris climate agreement. It wasn’t the poor and middle class citizens doing that, though, they do seem thrilled to attempt to shakedown rich nations for that sweet, sweet, redistributed climate cash.

The notion that there are few hard-and-fast rules when it comes to public support for environmentalism has influenced the response of environmentalists to the Yellow Vest protests. While raising taxes to reduce fossil fuel consumption or fund green energy transitions is essential, they say, depending on how and when such policies are proposed, they may spur a backlash. So smart rollouts and messaging matter. Mr. Macron’s environmental policies, for example, were announced from on high, without meaningful input from all the communities that would be affected.

In other words, the rich elites who push this stuff and won’t have their own lives damaged by the skyrocketing cost of living should roll it out in a duplicitous manner, especially in their messaging. Though, let’s be honest, it hasn’t worked in the 30+ years of spreading awareness, at least in terms of most policies.

Such a perspective is comforting. But it arguably understates the magnitude of the problem the environmental movement now confronts. Yes, contrary to the theory of postmaterialism, the well-off aren’t the only ones who care about climate change and the environment.

There’s a difference between caring and actually paying for it, for living that life. I love the NJ Devils, but, I don’t have the money to fly to NJ or other cities to watch them play a lot. Many people care about anthropogenic climate change, but aren’t willing to ruin their own lives and give up their freedom for it.

Differences between urban and rural, new economy and old, college educated versus working class and cosmopolitan versus local loom larger than ever. Although the research of the sociologist Dana R. Fisher shows that in the United States, climate change activists have been working to diversify their ranks, the trust needed for truly large-scale environmental coalition building is wearing thin.

Thus a different interpretation of the Yellow Vest protest may be warranted. Without a concerted effort to address inequality — which some in the environmental movement consider someone else’s department — the bold policy changes needed to slow global warming risk never getting off the ground.

And we see that this is a political issue, with “inequality” dragged in. Which is a codeword for making massive changes to economies. The real interpretation is being missed by Professor Gross: namely that people who believe in man-caused climate change reached their boiling point of being taxed, and, unlike the proverbial frog, they noticed the water temperature and jumped out. And went on the war path against the cook.

Read: Say, Is Climatism Only For The Rich? »

Dems To Give Framing Gun Grabbing As A Public Health Issue

People who are surrounded by armed security all during their working hours, and some afterwards, look to make it harder for citizens to protect themselves

Dems to reframe gun violence as public health issue

House Democrats are planning to vote next year on bills that address gun violence as a public health concern, marking the party’s first steps back into a divisive debate after being in the minority for eight years.

Energized by their midterm victories and a focus on gunshot victims highlighted by a growing chorus of medical professionals, Democrats say they will push for legislation to fund research on gun injuries and deaths.

Making gun violence a public health issue is seen as unlikely to cause divisions between liberal and centrist Democrats, some of whom are wary about moving too far to the left ahead of their 2020 reelection bids.

But with a divided Congress starting in January, Democratic leaders will have to tamp down expectations for achieving gun-related legislative goals of any kind since their bills will be landing in a GOP-led Senate.

Hey, you know what? I think we should investigate why shootings happen. They can start by looking at FBI data, which will show who shoots whom over what. And it won’t be pretty. They will not like the racial components nor the number of shootings in Democrat run areas and gun free zones.

At a recent press conference, Rep. Eric Swalwell (D-Calif.) said the incoming Democratic majority offers new possibilities.

“We have an opportunity to pass background checks for every firearm purchase,” said Swalwell, a progressive who is openly considering a 2020 presidential bid. “We have an opportunity to finally study gun violence in America to see what we can do.”

As I’ve written, I’m OK with expanding background checks to include all private purchases and transfers. I’m OK with requiring a new background check anytime a firearm is purchased within a month of the previous purchase, because things can change. But what Democrats want to do is make it much, much harder for citizens to purchase, rather than fixing the system which often allows people to be approved because the requisite background material is not making it into the database.

Long-standing restrictions have effectively prevented the Centers for Disease Control and Prevention (CDC) from conducting any kind of gun violence protection research. The so-called Dickey amendment, inserted into a 1996 government funding bill by the late Rep. Jay Dickey (R-Ark.), has been renewed in subsequent years.

The provision states: “None of the funds made available in this title may be used, in whole or in part, to advocate or promote gun control.”

Although the provision doesn’t explicitly ban research into gun violence, public health advocates and Democrats say there’s been a chilling effect in place for more than 20 years that’s proven difficult to overcome.

In other words, they aren’t interested in doing the research with their own money, despite telling us How Important This Is.

Rep. Mike Thompson (D-Calif.), head of the party’s task force to prevent gun violence, said the results of the November midterms speak to a need to act on gun reforms.

Thompson sponsored a background check bill this year and in 2016, and will likely take the lead on it next year.

“There’s a new majority in the House of Representatives, and we will pass gun violence prevention legislation that will make our communities safer, that will respect the 2nd Amendment and that every American can be proud of,” Thompson said recently.

This is a common refrain from Democrats, and they will over-reach on it in the House. The legislation will go nowhere in the Senate. But we’ll get a good idea what the Dems real agenda is, gun grabbing, as they are blocked more and more.

Read: Dems To Give Framing Gun Grabbing As A Public Health Issue »

John Kerry Says We All Must Act On Climate Change To Avoid The Ravages Or Something

He never really does get into what we all must do, but, I’m sure it has something to do with more taxes, fees, and giving up our liberty while the elites like John refuse to do anything in their own lives. Oh, and this has plenty of Trump Derangement Syndrome to go with the obligatory doom

John Kerry: Forget Trump. We All Must Act on Climate Change.

This week is the third anniversary of the Paris climate agreement. The Trump administration marked it by working with Russia and Gulf oil nations to sideline science and undermine the accord at climate talks underway in Katowice, Poland.

While I was in New Delhi this week, where I met with solar energy advocates, a comment made thousands of miles away by the journalist Bob Woodward almost jumped off my iPad: The president, he said, “makes decisions often without a factual basis.” This isn’t a mere personality quirk of the leader of the free world. It is profoundly dangerous for the entire planet.

So, wait, he took a long fossil fueled flight, which puts out almost as much “carbon pollution” as a normal American does in a year? Huh.

Scientists tell us we must act now to avoid the ravages of climate change. The collision of facts and alternative facts has hurt America’s efforts to confront this existential crisis. Ever since Mr. Trump announced that he would pull America out of the Paris accord, those of us in the fight have worked to demonstrate that the American people are still in.

But the test is not whether the nation’s cities and states can make up for Mr. Trump’s rejection of reality. They can. The test is whether the nations of the world will pull out of the mutual suicide pact that we’ve all passively joined through an inadequate response to this crisis.

Ravages! Suicide!

Talk to leaders who are gathered in Poland. They acknowledge that we aren’t close to getting the job done in reducing the greenhouse gas emissions that warm the planet. People are dying today because of climate change, and many more will die and trillions of dollars of damage to property will occur unless America gets back in the fight.

Interesting. You have all these “leaders” who signed on to the Paris Climate Agreement, and most of their nations aren’t even close to upholding their commitments. Yet they are super enthusiastic about it. So much so that they take lots of fossil fueled trips, like to the Katowice, Poland UN IPCC meeting.

The latest report by the Intergovernmental Panel on Climate Change warned that the changes required to hold global warming to 2.7 degrees Fahrenheit (1.5 degrees Celsius), as called for in the Paris agreement, would require changes on a scale with “no documented historic precedent.”

Interestingly, he never gets into what those changes would be. Because putting economies and people’s lives fully under the control of elites wouldn’t be particularly palatable, and there is that line where even Warmists will not cross, as we just saw in France.

Read: John Kerry Says We All Must Act On Climate Change To Avoid The Ravages Or Something »

If All You See…

…is an energy sucking smartphone causing bad weather, you might just be a Warmist

The blog of the day is White House Dossier, with a post on Sports Illustrated going Woke and choosing Christine Blasey Ford to deliver an anti-sex abuse award.

Read: If All You See… »

‘Climate Change’ Is At Fault For Animal Bites Or Something

There is always something new for the Cult of Climastrolgy to link to their cult. There used to be a massive list of all the things blamed/linked to ‘climate change’, which is sadly gone. You have other ones here and here, and some others around. This would be perfect

From the article

Animal-related injuries lead to health care costs of more than $1 billion a year in the United States, according to a new study — and they’re happening more often.

The rate of all animal attack injuries has increased over the past 10 years, according to Dr. Joseph Forrester, one of the authors of the study published Tuesday in the BMJ. He anticipates that it will continue to rise, partially because of climate change.

The most common cause of injury is bites from non-venomous arthropods, the group that includes spiders, mosquitoes, ticks and centipedes. As temperatures rise, the habitats of some of these creatures will get larger as they will be able to survive in more places, meaning they are able to injure more people.

The habitats of larger animals, such as bears, are overlapping more and more with human developments and recreational activities, as well, so injuries from these animals could also increase, the study says.

So, in reality, it’s just a matter of more humans going where the animals and such are. But, hey, they always have to include ‘climate change’ because that’s what cultists do.

Read: ‘Climate Change’ Is At Fault For Animal Bites Or Something »

California’s Latest Idea: Tax Your Text Messages

California, shockingly, is the not the state with the highest tax burden in the nation. Depending on which source you check, it’s somewhere from number six to number ten in tax burden. But, they’re working hard to raise their ranking

California proposes a plan to tax text messages

California regulators want to tax text messages to increase funds for programs that bring connectivity to underserved residents.

A new surcharge proposed by the California Public Utilities Commission (CPUC) wouldn’t be a per-text tax, but a monthly fee based on a cellular bill that includes any fees for text-message services. Most carriers offer a flat fee option for texting, and already charge a similar fee for other services included in the bill — such as phone calls. The exact structure of the charge would vary from carrier to carrier.

The commission will vote on the measure January 10, 2019, and is facing strong opposition from industry trade groups like the CTIA, which represents AT&T Mobility, Sprint, and T-Mobile. (AT&T is the parent company of CNN.)

The 52-page proposal by CPUC Commissioner Carla J. Peterman lays out the details of the plan, and says the state’s Public Purpose Program budget is going up while incoming fees to fill it are decreasing. Currently the surcharge rate is less than 7%.

This could cost consumers up to $44 million a year. How much will it be per person? Even if it is 50 cents per month, it’s too much. It’s the principle of the thing, of the notion that government dinks and dunks us to death on taxes and fees.

And, really, why should citizens be paying for other citizens to have mobile phones? No one pays for mine except me. I could see getting low income a basic non-smartphone with phone service only for safety, but they’re getting smartphones with Internet and everything. If they want this, let them pay for it. There are some who truly deserve public assistance. Most don’t let them get a job to pay for the phone.

That may be overblown, but how much does go to illegals, who obtain all sorts of public services, especially in places like California?

Read: California’s Latest Idea: Tax Your Text Messages »

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