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Posts Tagged ‘Congress’
November 8th, 2013 at 1:44 pm
Obama Apologizes, Then Contextualizes His Broken Promises

Last night President Barack Obama issued a half-hearted apology for lying to millions of Americans.

“I am sorry that they [i.e. people who are losing their insurance plans due to Obamacare] are finding themselves in this situation based on assurances they got from me,” Obama said in an interview with NBC News Thursday night. “We’ve got to work hard to make sure that they know we hear them and we are going to do everything we can to deal with folks who find themselves in a tough position as a consequence of this.”

But even with the mea culpa, Obama couldn’t resist trying to minimize his culpability. His method was trying to make the amount of people affected seem like a rounding error.

“I mean, we’re talking about 5 percent of the population.” Of course, 5 percent of the American population is still 15 million people – enough to swing an election. More importantly, that number would be several times larger if Obama hadn’t already delayed the employer mandate.

A reasonable person in Obama’s shoes would now spend the next month or two in lock-down mode trying to fix his broken website and restore credibility to his administration’s ability to govern. But instead this president is going on the campaign trail to defend the indefensible to a skeptical public.

The president doesn’t seem to realize that achievement is what’s needed now, not tired empty rhetoric. If this keeps up, the odds look good for another Republican wave election in 2014.

October 11th, 2013 at 1:55 pm
Fire Sebelius?

Tom Bevan thinks so.

“Any corporation that allowed a COO to mismanage a new product line as important to its image as the Affordable Care Act is to Obama’s would be contemplating their severance package,” writes the Executive Editor of RealClearPolitics.

“The fact that Republicans haven’t called for Sebelius’ scalp should tell Democrats all they need to know about how much conservatives think she is hurting Obamacare’s cause. If the president cares about rescuing his signature policy initiative, he should consider putting it under new management right away.”

Though cathartic, I’m not sure Bevan’s idea helps the GOP all that much.

True, if Obama fired Sebelius it would touch off a huge confirmation battle over her successor as Secretary of Health and Human Services, the agency overseeing Obamacare’s implementation. But since Democrats control the Senate, confirmation would be won eventually.

Better, I think, to schedule a series of high-profile congressional hearings to grill Sebelius, her deputies and the contractors responsible for the glitch-heavy federal insurance exchange website. Sebelius is fast-becoming the bureaucratic face of Obamacare – let her try to defend it.

The tone coming from House GOP members should be sharp but measured. Already, Speaker John Boehner has used a line that would be devastating to repeat to every pro-Obamacare witness at every hearing:

“How can we tax people for not buying a product from a website that doesn’t work?”

Then there are the simple questions Sebelius couldn’t answer in a cringe-inducing appearance on The Daily Show.

Host Jon Stewart – an Obamacare supporter who thinks America deserves a single-payer system – got no good answers from Sebelius about why Healthcare.gov stinks and businesses get a one year mandate delay but individuals do not.

In response, Sebelius said – without a shred of evidence – that the site is getting better, and that individuals can delay the mandate, so long as they pay a fine.

If that’s the best she can do with a friendly host, imagine the possibilities under good cross-examination at a House hearing.

No, Obama shouldn’t fire Sebelius until House Republicans get a chance to turn up the heat.

September 26th, 2013 at 4:52 pm
Senate Dem Backs Individual Mandate Delay

Referring to a yearlong delay in imposing ObamaCare’s individual mandate, Senator Joe Manchin, Democrat of West Virginia, told Bloomberg, “There’s no way I could not vote for it. It’s very reasonable and sensible.”

Indeed, it is. Conservative health policy experts James Capretta and Yuval Levin make a persuasive case on the merits for doing so. The core of their argument: It’s just plain fair.

Ever since the Obama administration decided to delay the employer mandate for a year Republicans have argued that the same relief should be extended to individuals and families.

Putting a one-year delay of the individual mandate into each of the next “must-pass” bills would give Republicans in Congress the leverage they need to put Democrats on the record.

Is shutting down the government more important than treating families at least as good as businesses? Is raising the debt ceiling?

If liberals want to bring government to a standstill to defend discrimination, let them.

Chances are, if Republicans pursue this strategy more red state Democrats like Manchin will also come to see the GOP’s delay proposal as “very reasonable and sensible.”

As Manchin points out, “If you know you couldn’t bring the corporate sector, you gave them a year, don’t you think it’d be fair?”

Sounds good to me, Senator. Time to convince a few more members of your caucus.

September 23rd, 2013 at 5:31 pm
Senate Immigration Bill to Help Illegals Convicted of Other Crimes

Here’s the immigration reform version of “we have to pass the bill so you can find out what is in it.”

Speaking to attendees at the Congressional Black Caucus’s annual conference, Esther Olavarria, the White House’s director of immigration reform, highlighted some provisions of the Senate’s bill that she would like the public to ignore.

Making it easier for illegal immigrants convicted of crimes to stay in the country got special attention.

In Olavarria’s telling, the Senate bill reverses a 1996 law that says any criminal conviction can serve as the basis for deportation. The new language would exempt convictions followed by a suspended sentence, meaning that deportation would not be an option if the offender gets probation instead of jail time.

Bear in mind, the conviction referred to is for a crime separate from illegally entering the country.

Thus, if passed, the Senate bill would not only excuse the foundational illegality of unlawfully entering the country, it would further protect from prosecution those who have been convicted, but not yet served jail time.

But if you haven’t heard about this controversial change in law, Olavarria explains why.

“We haven’t played [them] up because we want to be able to maintain them as we go through the legislative process,” she told the conference attendees. “The bill has a number of other important provisions that have stayed under the radar, and we’d actually like to keep them under the radar.”

That’s because the White House knows it can’t win an open and honest debate about granting illegal immigrants not one, but (at least) two free passes when it comes to breaking the law.

This subterfuge is yet another reason to scrap the Senate’s bill and start over.

H/T: The Daily Caller

September 20th, 2013 at 1:38 pm
House Report: More Problems with ObamaCare Navigators

If you’re looking for talking points to defend the House GOP’s vote to defund ObamaCare today, look no farther than a report released by the chamber’s Government Oversight and Reform committee.

In it, several alarming abuses are described relating to the health law’s controversial “navigators” program. Navigators, CFIF readers will recall, are taxpayer-financed middle men.

Thanks to the House committee’s report, we now know that:

·    The Obama administration has failed to create adequate training standards for Navigators, even though the administration assumes most Navigators will lack prior knowledge of ObamaCare or health insurance markets.

·    Allowing organizations that receive Navigator funding to pay their employees based on the number of individuals they enroll creates an incentive for those employees to provide biased or incomplete information about ObamaCare to maximize enrollment.

·    Despite the statutory requirement that Navigators be free of conflicts of interest, the administration has decided that individuals employed by Navigator organizations will not have to disclose that they are paid per enrollee to individuals with whom they interact.

·    Neither Congress nor an independent entity reviewed the training materials for Navigators, despite the statutory requirement that Navigators provide “fair and impartial information.”

·    Moreover, the incentives that encourage Navigators to maximize enrollment raise the risk of massive fraudulent spending on Medicaid and exchange subsidies for individuals who do not meet eligibility requirements.

·    And get a load of this – Substantial risks remain because the administration decided not to require background checks and fingerprinting of individuals hired by Navigator organizations.

These are just a few of the many, MANY reasons to defund ObamaCare.

Check out the entire report here.

September 12th, 2013 at 7:46 pm
Delay ObamaCare, Spend Savings on Sequester?

House Republican conservatives are considering an alternative to using the upcoming budget fight as an attempt to defund ObamaCare. In its place, the GOP would vote to delay all of ObamaCare for a year and use the money saved to restore budget cuts caused by the sequester, reports the Washington Examiner.

To entice Democrats, the proposal would also raise the government’s debt ceiling, which is estimated to be reached sometime in late October.

On the plus side, the one-year delay puts President Barack Obama and congressional Democrats on the defensive. After delaying the employer mandate and income eligibility requirements, it would be difficult to justify opposing the whole scale delay of a law that is turning into a “train wreck” to implement.

Shifting the money saved on ObamaCare implementation also lets Republicans take credit for restoring budget cuts, but here the plan starts to look less favorable. Conservatives want to restore funding to the military, but liberals are likely to demand restoration across the board – including budget items that Republicans would otherwise like to see shrink or eliminated.

Besides, if at the end of the year the sequester gets “paid for,” what was the point of going through all the downsizing? Angling for praise for restoring spending in a budget that doesn’t balance seems like an odd goal for fiscal conservatives.

Finally, there’s the debt ceiling issue. Between the White House, Senate Democrats and House Republican leadership there appears to be agreement that the debt ceiling should be raised. While that’s certainly the politically correct thing to do, it too seems contrary to the fiscal instincts of conservatives.

And yet, this trial balloon proposal might be attractive to House conservatives, also known as the best hope for imposing any kind of spending discipline in Washington. If this is the best they think they can do, then it means momentum inside Congress for defunding ObamaCare is dead.

If that’s true, let’s hope they can get a full and complete delay. Otherwise, capitulating on those terms will lead to more spending, more debt and more regulations. Not exactly a win for conservativsm.

September 9th, 2013 at 6:35 pm
Obama’s Syria ‘Message’ a Bay of Pigs Redux?

How bad has President Barack Obama mishandled his possible Syria bombing campaign?

“…President Obama finds himself in the biggest and ugliest public mess of his career, with a total policy meltdown playing out on the front pages and cable TV studios of the world,” writes Walter Russell Mead.

“It is like a slow motion Bay of Pigs, unrolling at an agonizing, prestige wrecking pace from day to day and week to week. It is almost impossible to defend whatever policy he actually has in mind at this point, yet the consequences of a congressional vote that opposes him are grave.”

Mead’s allusion to JFK’s Bay of Pigs fiasco is instructive. In 1961, the Kennedy administration armed and sent 1,400 Cuban exiles to topple Fidel Castro. However, they didn’t have air support or reinforcements from the U.S. military, and were quickly defeated.

Like Obama, Kennedy wanted to ‘send a message’ on the cheap, and got what he paid for.

The consequences to America were nearly disastrous. Not only did Castro and his Soviet Union patrons humiliate the United States in front of the world, they interpreted the defeat – and the resulting timidity – as a free pass to put ICBMs 90 miles from Florida. Without the Bay of Pigs fiasco as a precursor, it is almost impossible to imagine the following year’s Cuban Missile Crisis.

With this in mind, Members of Congress should be extremely skeptical about the Obama administration’s claim that those we attack won’t be “arrogant and foolish enough to retaliate.”

History indicates otherwise, and in ways we can’t easily predict.

September 4th, 2013 at 6:16 pm
Senate Lying to Self with ‘Tailored’ Syria Resolution

A highly regarded separation of powers expert says the Senate Foreign Relations Committee’s oddly worded resolution to authorize military force in Syria might be more expansive than its drafters intend, according to the Washington Times.

At issue is the resolution’s use of the words “limited and tailored” in the phrase giving President Barack Obama power “to use the armed forces of the United States as he determines to be necessary and appropriate in a limited and tailored manner against legitimate military targets in Syria…”

Louis Fisher, a former long-time expert at the Congressional Research Service and author of a leading treatise on presidential war powers, says the word choice is unprecedented and could be so vague that it creates space for an escalation.

“What could possibly be the meaning of ‘limited and tailored’? I doubt if I’ve ever seen the word ‘tailored’ in a bill,” Fisher told the paper. “Even if the ‘intent’ of Congress is a limited war, war has its own momentum.”

In other words, use of the word ‘tailored’ in the resolution can mean anything to the clever lawyers who will twist it however they please, so in reality that word, and any limiting effect it is designed to have, is meaningless.

It is impossible for me to imagine that the people drafting this resolution don’t know this. Therefore, it seems almost certain that the underlying intent here is to sound like they are limiting the President’s options while in fact not doing so at all.

If we’re going to bomb Syria then we are going to war with Syria. If that’s in America’s national security interest, Congress should declare it in unambiguous language.

To my mind it’s better to do nothing than to say something that means nothing.

Otherwise, Congress is just lying to itself so that it can act outraged when the President uses the resolution to wage a war the Senate and House impliedly authorized.

September 4th, 2013 at 1:09 pm
Obama’s Syria Policy Incoherent at Home and Abroad

McClatchy news ran a piece yesterday describing how President Barack Obama’s seeming indecision on striking Syria is being interpreted by Middle Easterners.

“Obama’s abrupt decision on Saturday to delay the strikes that seemed just hours away is being seen in the region as the latest confirmation of an incoherent U.S. approach of mixed messages and unfulfilled threats that have driven America’s standing to a new low,” the paper said, citing numerous interviews with Syrian rebels and others.

The confusion wasn’t helped during Secretary of State John Kerry’s remarks to the Senate Foreign Relations Committee. There, the Vietnam veteran and anti-war hero did an about-face. Without a hint of irony he argued that in asking for congressional approval to fire missiles at Syria “President Obama is not asking America to go to war.”

Instead, the President was “asking only for the power to make clear, to make certain, that the United States means what we say,” when the Commander-in-Chief threatens military force.

But the fact remains that firing missiles into another country is an act of war, a fact that didn’t escape Senator Bob Corker (R-TN) before heading into the hearing.

“This is the most serious policy decision any senator will make,” reports the Daily Caller. “Authorizing the use of military force is, let’s face it, is a declaration of war against another country, no matter how limited it is, that’s what it is.”

Kudos to Senator Corker for saying the truth out loud. He understands the real world consequences of this decision, as do the Syrian rebels, Syrian President Bashar Assad and every other sentient being paying attention.

So far, the Obama administration is doing itself no favors by pushing forward an ad hoc, incoherent rationale for bombing a government whose actions – while immoral and deplorable – don’t necessarily threaten America’s national security interests.

August 22nd, 2013 at 5:14 pm
Rubio to House GOP: ‘Obama Will Legalize Immigrants If Senate Bill Not Passed’

Senator Marco Rubio (R-FL) is using an interesting tactic to get House Republicans to pass his immigration reform bill – Scare them with threats of a lawless presidency.

“I believe this president will be tempted, if nothing happens in Congress, he will be tempted to issue an executive order as he did for the DREAM Act kids a year ago, where he basically legalizes 11 million people by the sign of a pen,” the presumptive 2016 presidential candidate told a Florida radio station last week.

In effect, Rubio is telling House Republicans – opponents of his pathway to citizenship plan for illegal immigrants – that unless they pass the Senate Gang of Eight’s bad bill President Barack Obama will enlarge his controversial Deferred Action for Childhood Arrivals (DACA) program.

Brought to life last year via executive order, Obama directed immigration agents to put illegal immigrants who came to the United States as children at the bottom of the deportation list. The policy also makes available temporary work visas to those covered.

But Rubio, a University of Miami law school graduate and former Speaker of the Florida House, has his eyes on the wrong target.

For one thing, not even the liberal academics that provided cover for the president’s unilateral and unprecedented action think Obama has the power to defer action on every illegal immigrant.

“The justifications for DACA made clear that this is not a situation where the president can reduce overall enforcement of immigration laws. He can just redirect it in certain ways,” former principal deputy attorney general and current University of Virginia law professor David A. Martin told the Washington Post.

And even if President Obama did decide not to enforce any immigration laws, why is his lawlessness an argument against Republicans? Wouldn’t the proper response to an expanded abuse of presidential power be to oppose the president?

Yet it seems like Rubio is giving Obama a pass while preemptively blaming House Republicans for future bad acts the president may commit.

Only in a place like Washington does that kind of logic make sense. If Rubio really believes that the President of the United States won’t be constrained by the separation of powers and the rule of law, then the object of his anger should be directed at the White House, not Republicans in the House of Representatives.

August 16th, 2013 at 2:51 pm
Study: Young & Healthy People Can Defund ObamaCare

Want to defund ObamaCare, but think DC’s politics make it impossible? Don’t worry. A new study confirms that convincing young healthy people to opt out is the best and fastest way to starve the beast.

“This study finds that in 2014 many single people aged 18-34 who do not have children will have a substantial financial incentive to forego insurance on the exchanges and instead pay the individual mandate penalty of $95 or one percent of income,” says the study’s author, David Hogberg, Ph.D.

Both the savings and the numbers of people affected are potentially huge. “About 3.7 million of those ages 18-34 will be at least $500 better off if they forgo insurance and pay the penalty,” Hogberg writes. “More than 3 million will be $1,000 better off if they go the same route. This raises the likelihood that an insufficient number of young people and healthy people will participate in the exchanges, thereby leading to a death spiral.”

The reason for the massive savings is that young and healthy people won’t use health insurance as much as older and sicker people on the same plan. Thus, the young and healthy will “cross-subsidize” the old and sick by paying in more than they take out in services.

The Obama administration knows this and is gearing up a multi-million ad campaign to convince at least 2.7 million 18-34 year olds (the amount estimated necessary to make the risk pools solvent) to buy a product ObamaCare’s architects don’t want them to use.

But if that sounds like too much of a conspiracy for some (albeit one that’s true), the young and healthy should be reminded of this: Cash-strapped cities like Chicago, Detroit and others are planning to dump thousands of retired public employees into ObamaCare’s risk pools to reduce the legacy costs associated with unsustainable union benefits. Filling the pool with even more older and sicker consumers than anticipated will make enrolling in ObamaCare even more financially absurd for the young and healthy.

Despite all the spin, paying for insurance through an ObamaCare exchange is little more than a voluntary tax on the young and healthy. If conservatives want to stop the health law in its tracks, hammering this point seems like a great way to do it.

August 9th, 2013 at 3:20 pm
All Animals Are Equal, but Congressional Animals Are More Equal than Others
Posted by Print

We all recall former House Speaker Nancy Pelosi’s infamous instruction that Congress should pass ObamaCare so that we can all find out what’s in it.  Well, it turns out that Congress itself didn’t like what it found, and desperately worked to secure a free pass from the ObamaCare mandates to which other Americans are bound.  Like in George Orwell’s “Animal Farm,” some are apparently more equal than others despite the law’s statutory language that Congress and its staffers would be subject to the law that they passed.  As our old compatriot Quin Hillyer notes, that not only violates the law and all concepts of fairness, it also contravenes an important portion of the Contract with America:

For decades, Congress had exempted itself in myriad ways from laws or rules applying to the rest of the country.  The Contract vowed to change that – and on the very first day of the new Congress in 1995, it did.  Here was the language:  “First, require all laws that apply to the rest of the country also apply equally to the Congress.”  How simple.  How straightforward.  And how important!  And for the next 18½ years, until this past week – and despite frequent rumors to the contrary – that’s exactly what Congress did.  For all its faults, Congress actually abided by the Contract’s rule.  But now that’s gone. Now, via a ruling worked out between certain congressional leaders and the White House, federal subsidies for health insurance – of a sort available to no private-sector workers – will continue to be provided for congressmen and their staffs.  This sort of special exemption for government workers is not a merely symbolic annoyance; instead, it feeds a perception that soon becomes an attitude that soon makes itself manifest in various actions.  The perception is that government workers are above the law; the attitude that can grow among the federal workforce is that those workers are our masters rather than our servants; and the actions that flow from that attitude can include many abuses, small and large, of privacy or liberty.”

An important point, and one that Americans should raise as Congressional leaders head home for August recess and citizen townhall meetings.

August 8th, 2013 at 3:16 pm
Investigation of IRS Scandal Uncovers Links to the FEC

How often do the Internal Revenue Service and the Federal Elections Commission share information about non-profit political groups?

If the question seems highly unusual that’s because it is. Ordinarily, there is no reason for the two federal agencies to communicate about a private entity, yet evidence is mounting that IRS and FEC officials had several conversations about politically conservative non-profit groups.

To recall, the IRS has the power to grant or strip a group’s non-profit status, and the FEC is the main arbiter of political speech. If there is evidence of coordination between these two agencies to discriminate against associations because of their viewpoint, a whole new level of government corruption will emerge.

To find out the truth, House Oversight Committee Chairman Darrell Issa (R-CA) is requesting “All documents and communications between or among any FEC official or employee and any IRS official or employee for the period January 1, 2008, to the present.”

If past experience with the Obama administration is any guide, House committee staff could be in for a lot of reading.

August 8th, 2013 at 2:05 pm
Some Clarity on ObamaCare’s Employer Mandate

Today, I’m up with a column that identifies what ObamaCare’s employer mandate really means for small businesses.

Note to Members of Congress and HR consultants – it’s not what you think.

Most of the attention on this particular mandate has focused on the idea that employers can avoid the twin threats of costly insurance or hefty fines if they pare back full-time employees to part-time status.

By not employing 50 full-time employees a small business can avoid triggering the mandate, or so the thinking goes.

But the reality is that ObamaCare adds up the total amount of part-time hours worked to create “full-time equivalent” (FTE) employees that count toward the 50 employee total. Meet or exceed the threshold, and say hello to huge compliance costs.

This is why a proposed legislative fix won’t actually solve the underlying problem, which is capping the amount of hours a small business can pay out to 50 FTEs – whether they are full-time, part-time or some combination of both.

It’s time for Congress to take a closer look at how ObamaCare’s employer mandate works and repeal it.

August 2nd, 2013 at 12:08 pm
Obama Saves Congress from ObamaCare

In a last ditch effort to shield Members of Congress and their staff members from having to pay the same outrageous premiums set to hit everyday Americans under ObamaCare, President Obama personally intervened to ensure that the government would instead pay the bill.

The deal preserves a 75 percent contribution by the federal government for Congress and its staff toward the price of the new, costlier health insurance premiums available under ObamaCare, according to Politico.

The decision flies in the face of an amendment attached to ObamaCare that requires Congress and staff to use the same health insurance exchanges as everyone else with the same rules. Until today, that meant that a person’s salary – from a Senator’s to an entry-level staff member’s – would determine whether a person qualifies for a federal subsidy and if so for how much.

But now we see that, once again, Congress and this President are choosing to operate by a different set of rules than the ones they enforce on everyone else.

July 30th, 2013 at 3:57 pm
Howard Dean: ‘Repeal IPAB’

IPAB – aka, the Independent Payment Advisory Board – is one of the chief cost-containing elements of ObamaCare. As designed, a presidentially appointed panel of medical experts will convene to decide how much the government will pay for certain kinds of care, and who gets which treatments.

That means that “The IPAB is essentially a health-care rationing body,” writes Howard Dean in the Wall Street Journal. “By setting doctor reimbursement rates for Medicare and determining which procedures and drugs will be covered and at what price, the IPAB will be able to stop certain treatments its members do not favor by simply setting rates to levels where no doctor or hospital will perform them.”

Dean, who is a licensed medical doctor and spent 11 years as the Democratic Governor of Vermont before running for president in 2004, knows from experience that IPAB is doomed to fail.

“There does have to be control of costs in our health-care system. However, rate setting – the essential mechanism of the IPAB – has a 40-year track record of failure,” says Dean. “What ends up happening in these schemes (which many states including my home state of Vermont have implemented with virtually no long-term effect on costs) is that patients and physicians get aggravated because bureaucrats in either the private or public sector are making medical decisions without knowing the patients. Most important, once again, these kinds of schemes do not control costs. The medical system simply becomes more bureaucratic.”

Dean goes on to call for a bipartisan repeal of IPAB, which is great to read and should be acted on. But the logic of including IPAB with ObamaCare’s structure makes perfect sense. Government-controlled health care is centrally-controlled and -planned health care.

If Dr. Dean wants a more patient-centered health care system he should be calling for repeal of ObamaCare in its entirety and greater deregulation of the health care industry. Empowering a new generation of medical entrepreneurs that can leverage advances in technology into boutique health care outlets would drive down costs, increase business opportunities and improve the quality of individualized care.

Dean is right to shudder at the care-killing cost of bureaucracy. Maybe one day he’ll discover the possibilities of a freer health care market too.

July 25th, 2013 at 5:02 pm
Holder Can’t Wait to Revive Stricken Piece of Voting Rights Act

Less than a month after the Supreme Court lifted an outdated “preclearance” formula off the backs of states like Texas, Eric Holder’s Justice Department is trying to reinstate the restrictions by inviting judicial activism.

The move comes in response to the Supreme Court’s invalidation of a coverage formula in Section 5 of the Voting Rights Act. Previously, states with a history of racial discrimination had to seek Justice Department approval – preclearance – before enacting any changes to their election laws. The problem for states like Texas is that the formula for deciding which jurisdictions are required to submit to preclearance hasn’t been updated in decades, making it virtually impossible to get out from under the federal government’s thumb.

In striking down Section 5’s coverage formula, the Court said that Congress is free to create a new formula based on current data. But with the legislative branch divided, few think any action is imminent.

And so, in keeping with the Obama administration’s motto “We Can’t Wait,” Attorney General Holder announced today that his department won’t wait for Congress to update the law. Instead, lawyers at Justice are filing lawsuits against Texas and other jurisdictions seeking to reinstate preclearance on a case-by-case basis.

The cost to taxpayers will be huge, since both sides of the “v.” are government employees. Each federal judge hearing a case will act as a mini-Congress by making factual findings before crafting a rule of law to determine the outcome. Of course, these decisions will be litigated up the lengthy federal appellate chain; all the way to the Supreme Court, if possible.

What makes this an affront to the constitutional design of separation-of-powers is the deliberate intent of one arm of the executive branch to invite members of the judiciary to make laws that Congress will not pass.

Granted, for well-connected attorneys like Holder it’s cheaper to litigate the Left’s pet projects on the taxpayer’s dime rather than as a private lawyer working pro bono. But as Texas Republican Governor Rick Perry said in response, Holder’s actions really amount to “utter contempt for our country’s system of checks and balances.”

July 19th, 2013 at 5:49 pm
Senate Dem Using ‘Stand Your Ground’ Hearings to Target ALEC, NRA

In the days since a Florida jury acquitted George Zimmerman of the shooting death of Trayvon Martin, liberal politicians and pundits have tried to argue that without the state’s ‘Stand Your Ground’ law providing a defense, Zimmerman would be guilty.

The problem with this argument is that Zimmerman’s lawyers never invoked ‘Stand Your Ground’ as a defense in the trial. ‘Stand Your Ground’ was irrelevant to the verdict.

But that hasn’t stopped liberals like Attorney General Eric Holder from using the mere existence of ‘Stand Your Ground’ laws as a pretext for unmerited lawsuits. In a speech to the NAACP this week, Holder encouraged members of the NAACP to agitate for the repeal of such laws in the 30+ states where they exist.

Now, Congress is upping the ante.

Senate Majority Whip Dick Durbin (D-IL) is promising to hold congressional hearings about the effects of ‘Stand Your Ground’ laws, including such topics as “when racial profiling and ‘stand your ground’ laws mix,” according to a press release.

Amid all the racially charged theater, Durbin also announced what has to be his real motive behind the hearings – scrutinizing the roles that the NRA and ALEC played in promoting ‘Stand Your Ground’ legislation.

Durbin has no right to subject either organization to an investigative fishing expedition designed to criticize private groups for exercising their First Amendment rights. If Durbin follows through with his threat, someone in the Senate GOP needs to throw some brush-back pitches in Dick’s direction. After the politician-inspired IRS scandal, it’s time for liberals to be held accountable for their wild-eyed accusations.

July 18th, 2013 at 12:34 pm
Hoffa’s Son Helps ObamaCare Kill Teamsters

ObamaCare will kill the Teamsters union, and Jimmy Hoffa’s son is an accomplice.

Now, Hoffa’s heir is in full damage-control mode.

In an open letter to Senate Majority Leader Harry Reid (D-NV) and House Minority Leader Nancy Pelosi (D-CA), James P. Hoffa – son of the famous Teamsters boss and the union’s current General President – blasts the Obama White House for “shatter[ing] not only our hard-earned health benefits, but destroy[ing] the foundation of the 40 hour work week that is the backbone of the American middle class.”

Hoffa is upset that after lending his union’s money and muscle to get ObamaCare passed, the Obama administration is refusing to carve out an exception for union-run health insurance providers. Absent the special treatment, union-run health insurance will become too expensive to offer. Without an attractive health insurance plan to offer its members, the Teamsters and every other union in their situation will lose one of the biggest incentives they have for retaining members.

Having exhausted their pleas to the White House for special treatment, Hoffa and company are turning their unfriendly fire on congressional Democrats. “Time is running out: Congress wrote this law; we voted for you. We have a problem, you need to fix it. The unintended consequences of [ObamaCare] are severe.”

As I explained in a recent column, the problem for Hoffa and his union brethren is that they failed to get the kind of concrete assurances from the Obama administration that are standard operating procedure when it comes to negotiating with private businesses.

That failure will cost them dearly.

July 11th, 2013 at 2:39 pm
Boehner: Delay the Employer and Individual Mandates

House Speaker John Boehner (R-OH) is using a populist line of attack to show how delaying ObamaCare’s employer mandate will harm individuals and families that don’t get an exemption, according to Politico.

“If you’re a software company making billions in profits, you’re exempt from Obamacare next year,” he said. “But if you’re a 28-year-old struggling to pay off your student loans, you’re not.”

“If you’re a big bank or financial company, you don’t have to comply with Obamcare,” Boehner added. “But if you’re a single parent trying to make ends meet, there’s no exemption for you.”

To level the playing field, Boehner is scheduling back-to-back floor votes in the House next week to delay both the employer and the individual mandate. The move would pose a dilemma for Democrats looking to support President Barack Obama’s policy, but unable to justify exempting businesses but not families and individuals too.

This strikes me as a good strategy. It’s past time for Democrats to own ObamaCare and all its flaws.