Showing posts with label federal. Show all posts
Showing posts with label federal. Show all posts

Thursday, August 14, 2014

Rand Paul on Ferguson: We must demilitarize the police

RandPaulonFerguson:Wemustdemilitarizethe

Rand Paul on Ferguson: We must demilitarize the police

posted at 5:21 pm on August 14, 2014 by Allahpundit

As expected, here he is belatedly seizing an obvious opportunity. The only question for Paul was which angle of the Ferguson drama to emphasize. Racial disparities in how the law is enforced? He mentions it in his op-ed but rarely does a would-be presidential nominee profit from expounding at length on race at a moment when tensions are high. State suppression of civil liberties, in particular the police restricting press activity in Ferguson? He mentions that too but no Republican will ever get much mileage from defending the media.

How about the militarization of the police, then? That’s the sweet spot for Paul as it influences both of the other problems above and carries obvious appeal to all of the constituencies he’s trying to reach, namely, blacks, libertarians, and conservatives that have grown more leery of state power in the Obama era. And best of all, it’s an issue on which there’s bipartisan support. There are valuable pieces online this morning on how the feds turned small-town cops into Special Forces by Alec MacGillis of TNR, Conn Carroll of Townhall, and Mark Thompson of Time — left, right, and center-ish. Big government has shoveled billions in money and materiel at PDs since 9/11, with predictable results. And if there’s one thing that summarizes the Paul brand, it’s skepticism of big government in all its aspects.

Not surprisingly, big government has been at the heart of the problem. Washington has incentivized the militarization of local police precincts by using federal dollars to help municipal governments build what are essentially small armies—where police departments compete to acquire military gear that goes far beyond what most of Americans think of as law enforcement.

This is usually done in the name of fighting the war on drugs or terrorism…

When you couple this militarization of law enforcement with an erosion of civil liberties and due process that allows the police to become judge and jury—national security letters, no-knock searches, broad general warrants, pre-conviction forfeiture—we begin to have a very serious problem on our hands.

Given these developments, it is almost impossible for many Americans not to feel like their government is targeting them. Given the racial disparities in our criminal justice system, it is impossible for African-Americans not to feel like their government is particularly targeting them.

Racial double standards, the NSA, the war on drugs, federal spending, even a whiff of overreaction to 9/11 — the whole Paul policy portfolio is there in service to the broader point about demilitarization. He’ll have support from some veterans too:

“You see the police are standing online with bulletproof vests and rifles pointed at peoples chests,” said Jason Fritz, a former Army officer and an international policing operations analyst. “That’s not controlling the crowd, that’s intimidating them.”

King added that, instead of deescalating the situation on the second day, the police responded with armored vehicles and SWAT officers clad in bulletproof vests and military-grade rifles.

“We went through some pretty bad areas of Afghanistan, but we didn’t wear that much gear,” said Kyle Dykstra, an Army veteran and former security officer for the State Department. Dykstra specifically pointed out the bulletproof armor the officers were wearing around their shoulders, known as “Deltoid” armor.

“I can’t think of a [protest] situation where the use of M4 [rifles] are merited,” Fritz said.

Paul Szoldra, an Afghanistan vet, made the best point I’ve seen on this in a piece for Business Insider a few days ago. He too marveled at the use of M4s and the Bearcat, but the thing Szoldra couldn’t get over was the camouflage pants that some of the cops were wearing. You can understand why they’d wear body armor but what conceivable purpose is served by wearing clothing like that while patrolling city streets? The answer, obviously, is psychology. The pants don’t make the cop blend into his surroundings but they do put him in a warrior frame of mind and signal to onlookers that he’s apt to respond like a soldier would if challenged. That’s the core vice of police militarization, I think. It’s not that the cops are lobbing grenades through people’s windows, it’s that they feel more free to take lesser but still heavy handed measures like tear-gassing a camera crew. Sometimes, when you’re pacifying a restive enemy population in an occupied zone, you need to be a little rough with the locals. Aren’t the police supposed to be part of “the locals” themselves?

Anyway. Expect Paul to float some sort of bill cutting federal funds for military gear for locals PDs. There’s already some support for demilitarization among Democrats. It’ll be hard for Obama to resist.


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Nixon to relieve St. Louis County PD in Ferguson

NixontorelieveSt.LouisCountyPDin

Nixon to relieve St. Louis County PD in Ferguson

posted at 12:41 pm on August 14, 2014 by Ed Morrissey

Allahpundit mentioned this in his preview post on statements from both Barack Obama and Missouri Governor Jay Nixon, but it’s a development that stands on its own as well. After the nation watched the militarized police response in Ferguson, the firing of teargas at non-violent protesters as well as media camera crews, and the arrests of two journalists at a McDonald’s, Nixon has had enough. He has relieved the St. Louis County police of authority over Ferguson:

Missouri Governor Jay Nixon will announce that St. Louis County law enforcement will be relieved of duty in Ferguson, which has been roiled by protests after the shooting death by police of an unarmed teenager, according to Representative William Lacy Clay.

“The governor just called me, and he’s on his way to St. Louis now to announce he’s taking away St. Louis County police out of the situation,” Clay, a Missouri Democrat, said in a telephone interview. He added that Nixon may ask the U.S. Federal Bureau of Investigation to step in.

Clay said that he has been urging U.S. Attorney General Eric Holder to “take over the entire situation because we will not get justice for Michael Brown and his family and friends if the St. Louis County police and prosecutor have a say.”

Who will replace them? So far, that’s not yet been determined — or at least not publicly. The FBI might take over the investigation of the Michael Brown shooting — the Department of Justice has already started their own overview of the case — but they aren’t designed for local law enforcement. The obvious solutions would either be a state police unit, or possibly a mix of officers from the surrounding communities under the command of state police.  Nixon could call out the National Guard, but that would be going from the frying pan into the fire. What’s needed in Ferguson now isn’t an escalation, but a demilitarization, as Missouri Sen. Claire McCaskill said within the last hour:

Nixon will speak at 3:00 ET today to announce the specific changes in a press conference, but he may well be asked why he allowed the situation to get this far out of hand in the first place. The images that came out of Ferguson starting early yesterday evening showed hints of police overreaction from the beginning. Snipers on top of tanks and personnel dressed in camouflage and body armor looked like something from Iraq, rather than domestic law enforcement trying to keep the peace.  And that was before police began arresting reporters on hand to cover the protests, and shooting teargas at them without provocation.

Reporters might want to question Nixon about whether the SLCPD felt they had the authority to shut down lawful protests and enforce a curfew. I’ve been puzzled about some reactions to the video of police arresting Wesley Lowery and Ryan Reilly at a McDonalds and the teargas attack on an Al Jazeera news crew for just standing on the sidewalk with their cameras. Some have suggested that these journalists didn’t respond to police orders to disperse, and were therefore subject to detention and counter-riot tactics. However, that’s only a legitimate argument when an emergency decree is in effect that explicitly authorizes police to act in such a manner. I’m unaware of any such declaration by Nixon, and if one does not exist, the police don’t have the authority to impose it themselves. Our whole system of civil rights is based on police being servants of the law, not on citizens being servants of the police based on their assessment of when we can and cannot exercise those rights. That includes pointing cameras at the police, and sitting in a public restaurant in a lawful manner.

The police in Ferguson appear to have behaved last night much more like an occupying army rather than a law-enforcement agency as well as looking the part, and that should be very disturbing to anyone who believes in limited government.

The police say they were provoked, but it also appears that they threw gas on this fire too with their heavy-handed response:

Two reporters said they were detained by police for not clearing out quickly enough from a McDonald’s where they were working, near the protests but away from the more volatile areas. The two, who work for The Washington Post and The Huffington Post, were released without any charges. Both say they were assaulted but not seriously hurt.

Among those arrested was St. Louis Alderman Antonio French, who has been chronicling the protests on social media.

“I think the heavy-handed approach by police is escalating the situation and more people are going to get hurt if this keeps up,” French told KMOX Radio. …

Residents in Ferguson have complained about the police response that began with the use of dogs for crowd control soon after Brown’s shooting – a tactic that for some invoked the civil rights protests from a half-century ago. The county police force took over, leading both the investigation of Brown’s shooting and the subsequent attempts to keep the peace at the smaller city’s request.

County Police Chief Jon Belmar said his officers have responded with “an incredible amount of restraint” as they’ve had rocks and bottles thrown at them, been shot at and had two dozen patrol vehicles destroyed.

Very clearly, this situation needs a rapid de-escalation. The SLCPD does not appear to be the agency to accomplish that at the moment, and it’s taken Nixon too long to get a grip on this crisis.


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Tuesday, July 29, 2014

Halbig: Documents show either that Congress wanted federal exchange consumers to get subsidies or, er, the opposite

Halbig:DocumentsshoweitherthatCongresswantedfederal

Halbig: Documents show either that Congress wanted federal exchange consumers to get subsidies or, er, the opposite

posted at 7:21 pm on July 29, 2014 by Allahpundit

Conservatives are having fun with this Greg Sargent post arguing that the legislative history of ObamaCare proves the Halbig case was wrongly decided. There were two versions of the exchanges drafted by congressional Dems in 2009, says Sargent. The first, the HELP Committee bill, was the Democratic dream scenario: It called for state exchanges and a federal exchange for those states that refused to build their own exchange and subsidies for consumers in both exchanges. The staff memo quoted by Sargent is pretty explicit about it. Any exchange, including the federal one, gets subsidies. That’s exactly the system we ended up with, Democrats now maintain — with one wrinkle:

Now, to be fair, the memo notes that the HELP Committee bill’s structure did delay subsidies to those in states that hadn’t yet set up their exchanges.

So even in the HELP bill, which gave Dems basically everything they wanted, there was some impulse to punish states that refused to build their exchange by withholding subsidies from their residents temporarily. Back to that in a minute.

The second bill was the Senate Finance Committee bill. In that one, there was no federal exchange. There were only state exchanges, with the feds empowered to build an exchange for any state that refused to build one but required to appoint some nonprofit entity to actually run the darned thing afterward. Here too, subsidies were available to consumers on both types of exchange. But the Finance Committee clearly wanted a smaller role for the feds than a full federal exchange, just as HELP wanted a smaller role for the feds by giving states a (temporary) incentive via subsidies to create their own exchanges.

Eventually these two bills were merged — and, if you believe Sargent, the resulting bill somehow gave the feds more power even though each of the underlying bills sought to limit federal power in different ways. Essentially, and very conveniently, he’s arguing that we ended up with a version of the HELP bill except without that little wrinkle about withholding subsidies from states that delayed building their own exchanges. Subsidies for everyone, right from the start! You could just as easily argue, though, that the fact that the final ObamaCare bill isn’t as explicit as HELP in extending subsidies to the federal exchange means — ta da — that Congress didn’t intend to extend those subsidies. When language from an earlier version of a bill disappears from a later version, courts tend to assume, understandably, that it disappeared for a reason:

As Leon Wolf puts it:

Even for people who take legislative history as a thing that ought to be given great weight, the fact that Congress included a clause in an earlier version of the bill but then changed or removed it in the final version is considered to be conclusive evidence that Congress specifically desired the change in question, not that they intended the earlier version. Let’s say hypothetically that you had a bill that said when it came out of committee, “Congress hereby appropriates $10 million for the funding of studies the mating habits of pink salmon and $5 million for the funding of studies of the mating of silver salmon,” but the final version of the bill merely said “$1o million for the funding of studies of the mating habits of pink salmon,” courts (like reasonable people) come to the inescapable conclusion that the clause about the silver salmon was removed per the deliberate intent of Congress otherwise it would have remained in the bill.

If Congress wanted the HELP bill, why didn’t it just enact the HELP bill? By watering down the language and merging it with the Finance Committee bill, which dropped the idea of a federal exchange entirely, it pointed to a more state-centric structure for ObamaCare. And if they wanted the states to have a bigger role, go figure that they might have ramped up the incentive to have states build their own exchanges by tweaking that little wrinkle in HELP so that consumers in state exchanges were the only ones eligible for subsidies permanently.

Read all of Sargent’s post, as he has quotes from a few Senate staffers at the time insisting that they wanted everyone to have subsidies. I guess, in the battle of experts, our side will just have to make do with Jon Gruber.


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Friday, July 25, 2014

Uh oh: More audio emerges of Jon Gruber saying only state ObamaCare exchanges will be eligible for subsidies; Update: Gruber responds by ducking

Uhoh:MoreaudioemergesofJonGruber

Uh oh: More audio emerges of Jon Gruber saying only state ObamaCare exchanges will be eligible for subsidies; Update: Gruber responds by ducking

posted at 2:01 pm on July 25, 2014 by Allahpundit

Oh dear. This is another speak-o, isn’t it?

Give credit to Morgen Richmond and John Sexton for digging it up. There’s a key difference between this audio and the audio Ed posted this morning, too:

Gruber’s moronic excuse to TNR, that he committed a “speak-o” while rambling through a Q&A, obviously doesn’t work for this one. Which makes me wonder: Did he knowingly lie to TNR or has he somehow convinced himself that he never believed that only state exchanges would be eligible for ObamaCare subsidies? The answer doesn’t matter insofar as the quotes are damaging either way to the left’s bogus “drafting error” theory for what happened in the parts of O-Care at issue in the Halbig case, but I’m amused by how he’s painted himself into a corner now. His choices are ‘fessing up to lying, probably by admitting that yes, okay, he did at one point believe that only state exchanges would be eligible but has since changed his mind, or basically saying, “Oh yeah, I forgot about that.” Mind you, this is the guy whom the media routinely credits as having all but drafted the ObamaCare statute.

In lieu of an exit question, I’m setting the over/under on the final total of damaging Gruber soundbites to emerge at four. Place your bets.

Update: This is a non-answer.

Gruber told The New Republic [after the first video clip emerged] that he had made a mistake.

“I was speaking off-the-cuff. It was just a mistake. People make mistakes. Congress made a mistake drafting the law and I made a mistake talking about it,” Gruber told The New Republic’s Jonathan Cohn. “But there was never any intention to literally withhold money, to withhold tax credits, from the states that didn’t take that step. That’s clear in the intent of the law and if you talk to anybody who worked on the law. My subsequent statement was just a speak-o—you know, like a typo.”

A second recording has surfaced showing Gruber making similar statements about subsidies not being available on federally run exchanges. Asked over email whether those remarks were a mistake, too, Gruber wrote back, “same answer.”

He wasn’t speaking off the cuff in the second clip, though. It obviously wasn’t a speak-o/typo. This is him basically saying “I don’t want to talk about it anymore.”


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Uh oh: More audio emerges of Jon Gruber saying only state ObamaCare exchanges will be eligible for subsidies

Uhoh:MoreaudioemergesofJonGruber

Uh oh: More audio emerges of Jon Gruber saying only state ObamaCare exchanges will be eligible for subsidies

posted at 2:01 pm on July 25, 2014 by Allahpundit

Oh dear. This is another speak-o, isn’t it?

Give credit to Morgen Richmond and John Sexton for digging it up. There’s a key difference between this audio and the audio Ed posted this morning, too:

Gruber’s moronic excuse to TNR, that he committed a “speak-o” while rambling through a Q&A, obviously doesn’t work for this one. Which makes me wonder: Did he knowingly lie to TNR or has he somehow convinced himself that he never believed that only state exchanges would be eligible for ObamaCare subsidies? The answer doesn’t matter insofar as the quotes are damaging either way to the left’s bogus “drafting error” theory for what happened in the parts of O-Care at issue in the Halbig case, but I’m amused by how he’s painted himself into a corner now. His choices are ‘fessing up to lying, probably by admitting that yes, okay, he did at one point believe that only state exchanges would be eligible but has since changed his mind, or basically saying, “Oh yeah, I forgot about that.” Mind you, this is the guy whom the media routinely credits as having all but drafted the ObamaCare statute.

In lieu of an exit question, I’m setting the over/under on the final total of damaging Gruber soundbites to emerge at four. Place your bets.


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Wednesday, July 23, 2014

Could a Republican president gut ObamaCare without action from Congress or the Supreme Court?

CouldaRepublicanpresidentgutObamaCarewithoutaction

Could a Republican president gut ObamaCare without action from Congress or the Supreme Court?

posted at 8:01 pm on July 23, 2014 by Allahpundit

Why not? If President Obama can declare without statutory support that the employer mandate won’t be enforced for a few years, why couldn’t President Cruz declare that the individual mandate won’t be enforced? Why couldn’t he promulgate a rule, a la Obama did last fall when his “if you like your plan” lie was exposed, that allowed insurers to revive pre-ObamaCare health plans that had been rendered illegal by the new law? Those plans would have lower premiums than ObamaCare exchange plans do, which would entice healthy customers to drop their O-Care coverage and sign up for an old plan instead. Result: Two separate risk pools, one for healthy people and one very unsustainable one composed mostly of the sick. Once the latter pool collapses, poof — no more ObamaCare. The law has survived through dubious unilateral executive action; it’s only fitting that dubious unilateral executive action brings it down.

That’s the quick and dirty solution. Patterico has a more elegant plan, one based on yesterday’s appellate court rulings. The Fourth Circuit, you’ll recall, held that the federal ObamaCare exchange (Healthcare.gov) does qualify as “an exchange established by the State” under the statute — not because Congress necessarily intended it to but because that’s how the IRS is interpreting the law. And under Supreme Court precedent, if an agency’s interpretation of a law is reasonable, courts are supposed to defer it. Patterico’s point is simple, then: Does that mean that if President Cruz’s IRS decided to interpret the rule differently, so that the federal exchange doesn’t qualify as “an exchange established by the State,” courts would be bound by that interpretation too?

The U.S. Supreme Court’s Chevron case that created “Chevron deference” said:

“The fact that the agency has from time to time changed its interpretation . . . does not . . . lead us to conclude that no deference should be accorded the agency’s interpretation of the statute. An initial agency interpretation is not instantly carved in stone. On the contrary, the agency, to engage in informed rulemaking, must consider varying interpretations and the wisdom of its policy on a continuing basis.”

In other words: agencies can change their minds, and we will continue to defer to them.

So, applying the Fourth Circuit’s reasoning, an IRS under Obama can say that an exchange “established by the state” can mean “established by the federal government.” But an IRS under Ted Cruz, applying the classic formulation of Monty Python’s argument sketch, could say: “No it doesn’t.”

President Cruz’s IRS could pull the plug and there’s nothing that a divided Congress could do to stop him. But that assumes two things: (1) that the Supreme Court will follow the Fourth Circuit’s lead and allow courts to be guided by the IRS’s interpretation of the law, and (2) that the politics of ObamaCare circa 2017 would allow Cruz or any other Republican to cancel subsidies for federal exchange consumers en masse. Avik Roy, while celebrating the Halbig ruling as a victory for the rule of law, thinks it’s a speed bump for ObamaCare and little more:

In this context, Ezra Klein makes a relevant point. “By the time [the Supreme Court] even could rule on Halbig the law will have been in place for years. The Court simply isn’t going to rip insurance from tens of millions of people due to an uncharitable interpretation of congressional grammar.” Ezra unfairly derides the legal issues at play, and exaggerates the policy implications, but he asks the right political question.

Chief Justice Roberts, you may recall, was the justice who singlehandedly re-wrote Obamacare in order to justify the legality of the law’s individual mandate. He did so, it appears, because he was more worried about left-wing criticism of the Court than he was about constitutional precision. It’s hard to believe he wouldn’t act the same way here.

I agree. His ruling on the mandate was based on the Constitution whereas his ruling on the Halbig appeal would be based on a statute, which might encourage him to be bolder this time. But it’s hard to believe Roberts would have waved ObamaCare through when he had a shot to kill the law before it began only to blow it up five years later, after the country’s insurance system has been overhauled. Even the D.C. Circuit, despite having mustered the courage to rule as it did yesterday, said that it issued its ruling “reluctantly,” knowing that it would mean pulling the rug out from under millions of people who were counting on subsidies to reduce the cost of their new insurance. If the politics of undoing subsidies are that hot now, just nine months after ObamaCare went into effect, how much hotter will they be three years from now, when people have grown dependent on them? That was Ted Cruz’s whole point in pushing “defund,” in fact — that the law had to be stopped before it took effect because dependency would prevent it from being undone afterward. Does that mean President Cruz would refuse to instruct his IRS to interpret the law as Patterico suggests?

That’s not the only political deterrent for Republicans in canceling the subsidies later, in 2017 or beyond. Lefty Brian Beutler is right that Halbig is a win for ObamaCare opponents generally but a huge headache potentially for Republican governors. Most of the states that refused to build their own state exchanges are red states; their citizens are the ones who are buying most of the plans sold on the federal exchange, Healthcare.gov — which means it’s their citizens, by and large, who’ve now had their subsidies yanked away. Since Congress isn’t going to restore those subsidies, those O-Care customers are going to demand that their state governments fill the gap and build their own state exchanges instead. Someone like Scott Walker will thus be caught in a bind, pressured from the right by conservatives who don’t want him to validate ObamaCare by building an exchange and pressured from the left by O-Care customers (some of them Republicans) who want him to build an exchange so they can get their subsidies back. If President Cruz told his IRS to follow the Patterico approach, he’d essentially be punting this problem to Republican governors, some of whom could suffer politically from it. Would he do that, or would he stick with the subsidies to keep the heat off state-level Republicans? Maybe we’ll find out.

But let’s not think about that right now. Let’s enjoy a rare judicial rebuke to executive power.



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Friday, July 11, 2014

Obama’s law professor: There’s a “very high risk” that a federal court is going to gut ObamaCare

Obama’slawprofessor:There’sa“veryhighrisk”

Obama’s law professor: There’s a “very high risk” that a federal court is going to gut ObamaCare

posted at 6:41 pm on July 11, 2014 by Allahpundit

Via the Corner, a perfect note on which to end the week, not only as a palate cleanser after bumming you out with that impeachment post but because it’s quite likely we’ll have a ruling from the D.C. Circuit next week on the case. Prepare accordingly.

Don’t read any further, though, if you haven’t read this post already as background. The issue, remember, is one line in the ObamaCare statute that says subsidies shall be available only to consumers who buy their new health insurance on “an Exchange established by the State.” Thirty-four states refused to build their own exchanges, so the federal government went ahead and built Healthcare.gov for people in those states as a substitute. Question: Is that “an Exchange established by the State”? If not, a lot of people who were counting on subsidies to help pay for their insurance are about to have the rug pulled out from under them. Right, Laurence Tribe?

Harvard legal scholar Laurence H. Tribe warned Tuesday of a “very high risk” that a crucial aspect of Obamacare – its government subsidies provision – could fall victim to a major legal challenge being mounted by conservatives. That is why, he also said, that the Supreme Court will almost certainly get “a second bite of the apple” in determining the fate of President Obama’s signature health law, with uncertain consequences…

Tribe, whose new book, Uncertain Justice, takes a deep dive into the Roberts court, said the plaintiffs make a strong argument. The legislative language is clear, he said, that the subsidies apply to exchanges established by states. Yet in drafting the law, Tribe said the administration “assumed that state exchanges would be the norm and federal exchanges would be a marginal, fallback position” – though it didn’t work out that way for a plethora of legal, administrative and political reasons.

“You could argue that as long as a state triggers it by asking the federal government to come in [and establish insurance exchanges] that it’s a state-established exchange, even though it’s a federally run exchange,” Tribe added. That might give some of the justices who aren’t strict constructionists some leeway in looking beyond the law’s specific language, he said.

“I don’t have a crystal ball,” Tribe said, “but I wouldn’t bet the family farm on this coming out in a way that preserves ObamaCare.” “I would!”, says law prof (and O-Care supporter) Timothy Jost. Healthcare.gov is merely a conglomerate of individual state exchanges, he argues. The feds established each of those exchanges on behalf of a state, which is close enough to the language in the statute to survive judicial scrutiny.

The Affordable Care Act was meant to “provide affordable . . . coverage choices for all Americans.” A key section says, “Each state shall . . . establish an . . . Exchange,” but another section provides that if a state “elects” not to establish the “required Exchange,” the secretary of health and human services must “establish and operate such Exchange.” These sections both require states to establish exchanges and allow them not to do so.

Congress gave the IRS the responsibility to resolve such contradictions, and the IRS adopted the only reasonable approach. If a state does not create the “required Exchange,” HHS steps into its shoes and sets up “such Exchange.” The law, in other words, requires the federal government to create the “Exchange established by the state,” with the same authorities and responsibilities as state exchanges, including offering premium tax credits…

ACA opponents, however, hope that the other two judges on the D.C. Circuit panel, both Republican appointees, will share enough of their Obamacare phobia to detonate the imaginary bomb. If that happens, their success will be short-lived. The U.S. Court of Appeals for the 4th Circuit seems poised to uphold the IRS rule in an identical challenge, and the entire D.C. Circuit is likely to reverse the three-judge panel if it issues such an outlier ruling. There is no secret bomb in the ACA, as the courts have told us and will tell us, and the imaginary bomb will not destroy the law.

It’d be weird to pass a law called the “Affordable Care Act,” Jost says, that disallows affordable coverage for tens of millions of people just because it was the feds who set up their state’s exchange instead of the state itself. For a reply to that, read Michael Cannon’s comments at the Corner. He and Jonathan Adler have spearheaded this suit, arguing all along that the reason subsidies were limited to true state exchanges was to create an incentive for each state government to build their exchange themselves rather than forcing the feds to do it. It’s not just a semantic distinction, in other words. Subsidies were supposed to be restricted to state exchanges for a reason.

Exit question: If the D.C. Circuit strikes down the subsidies for Healthcare.gov customers, 34 state governors — all of them Republican, I believe — are going to suddenly face a lot of pressure at home to build their own exchanges, huh?


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Tuesday, May 20, 2014

Yep, Nevada is officially dropping their state ObamaCare exchange, too

Yep,NevadaisofficiallydroppingtheirstateObamaCare

Yep, Nevada is officially dropping their state ObamaCare exchange, too

posted at 8:01 pm on May 20, 2014 by Erika Johnsen

After much apparent pleading from the contractor, Nevada made the decision to drop their individual ObamaCare website builder Xerox and is now the next state hitching its wagon to the federal online exchange. It all looked like it could have gone so well back in October, until users started trying to actually sign up for health insurance and began to uncover the more than 1,500 defects embedded in the site, according to a report from Deloitte last month, and the Silver State has finally realized that the situation cannot be salvaged any time soon — and certainly not in time for this year’s open enrollment period. Via the Las Vegas Review-Journal:

The board of the Silver State Health Insurance Exchange voted this morning to dump the contractor that botched the building of its Nevada Health Link website, and to move partly into the federal system for at least the next year.

The move would let the state exchange keep its autonomy and its member-based funding, and to allow the marketplace to switch to an operational website from another state for its 2016 enrollment period.

The change to a new system could cost as much as $57 million in addition to the $72 million contract the exchange already had with Xerox. But exchange officials said they’ve already applied for federal grants to cover the cost. Plus, the cost of buying another system may drop considerably by the time the exchange is ready to go forward in late 2015, state officials said.

The board’s decision ends a troubled, two-year relationship with Xerox, which fell woefully behind schedule on its Nevada Health Link build. The system debuted on Oct. 1 to hundreds of technical flaws and software glitches, and sign-ups have been held to about a third of the initial enrollment target of 118,000.

The board had been considering a number of options, including bringing in a third-party manager to work with Xerox, transferring to another state’s functioning system, or moving to the federal exchange permanently, but they ultimately landed on the above — and in all of their forethought, they have “already applied for federal grants” to cover the potential $57 million in added costs. …How lucky.


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Tuesday, April 15, 2014

Quotes of the day

Quotesoftheday postedat10:41

Quotes of the day

posted at 10:41 pm on April 15, 2014 by Allahpundit

RORY REID, SON OF SEN. HARRY REID: We believe in a country in which we are subject to laws and you can’t just ignore the laws we don’t like. I think clearly if state and local prosecutors look at this more closely, they’re going to find that he broke the law and he should be prosecuted…

REID: He is not a victim and he’s not a hero. He’s been using that he doesn’t own for over 20 years and he didn’t pay. He broke the law. There are hundreds of ranchers throughout Nevada that conduct their profession honorably. There’s thousands of them throughout the country and when they have a dispute with the BLM they try to work it out.

***

“You’ve got to find candidates who can win and then you don’t have to worry about Harry Reid,” said co-host Greg Gutfeld after lamenting the GOP’s choice of nominee to face Reid in his 2010 Senate reelection bid. “We don’t want to focus too much on this battle. We should see that the bigger battle is at the ballot box.”

Turning to Perino, co-host Eric Bolling asked if the rumors that Reid’s son had engaged a Chinese firm to build a solar plant on the disputed real estate or that a former Reid aide who now heads the Bureau of Land Management had any merit.

Perino said that the rumors about a solar plant were “debunked” and Reid’s former aide was confirmed by a bipartisan Senate majority. “There are good staffers out there,” Perino asserted.

“I think wishful thinking is one of conservatives’ worst enemies,” she added.

***

TUCKER CARLSON: It was moving in an ugly direction and I think the Feds exacerbated it by showing up with snarling dogs and drawn weapons.That’s appropriate when you are dealing with a drug cartel, not an elderly rancher. On the other hand, the Bundys don’t have a legal case that I can see to be totally honest about it.

And this is public land, this is not land that they owned. And if you are going to use public land for profit, you have to pay for it. And they haven’t. And so the bottom line is this is something I think conservatives ought to remember, if you want a ranch without any impediment at all, you have to buy your own ranch. That is the essence, that is the core principle behind private property which undergirds conservatism.

I have a lot of sympathy for the Bundys. I think they were completely mistreated by the federal government. But I still think it’s important to point out that this land does not belong to them and that’s not a minor distinction, it’s the essence of private property. Sorry.

***

[I]t is obvious that some activities are favored by the Obama administration’s BLM, and others are disfavored. The favored developments include solar and wind projects. No surprise there: the developers of such projects are invariably major Democratic Party donors. Wind and solar energy survive only by virtue of federal subsidies, so influencing people like Barack Obama and Harry Reid is fundamental to the developers’ business plans. Ranchers, on the other hand, ask nothing from the federal government other than the continuation of their historic rights. It is a safe bet that Cliven Bundy is not an Obama or Reid contributor.

The new head of the BLM is a former Reid staffer. Presumably he was placed in his current position on Reid’s recommendation. Harry Reid is known to be a corrupt politician, one who has gotten wealthy on a public employee’s salary, in part, at least, by benefiting from sweetheart real estate deals. Does Harry Reid now control more than 80% of the territory of Nevada? If you need federal authority to conduct business in Nevada–which is overwhelmingly probable–do you need to pay a bribe to Harry Reid or a member of his family to get that permission? Why is it that the BLM is deeply concerned about desert tortoises when it comes to ranchers, but couldn’t care less when the solar power developers from China come calling? Environmentalists have asked this question. Does the difference lie in the fact that Cliven Bundy has never contributed to an Obama or Reid campaign, or paid a bribe to Reid or a member of his family?…

So let’s have some sympathy for Cliven Bundy and his family. They don’t have a chance on the law, because under the Endangered Species Act and many other federal statutes, the agencies are always in the right. And their way of life is one that, frankly, is on the outs. They don’t develop apps. They don’t ask for food stamps. It probably has never occurred to them to bribe a politician. They don’t subsist by virtue of government subsidies or regulations that hamstring competitors. They aren’t illegal immigrants. They have never even gone to law school. So what possible place is there for the Bundys in the Age of Obama?

***

The disproportionate nature of the government’s reaction to Bundy suggests this has less to do with delinquent grazing fees than it does with the selective assertion of raw governmental power — sending a message not just to Bundy or a disfavored group, but to America as a whole. The same federal government that deploys Bureau of Land Management shooters tricked out like SEAL Team 6 directs Border Patrol agents to flee from aggressive illegal immigrants. The same federal government that would fire and prosecute federal agents who physically restrain border-crossers sends agents to tase and sic German shepherds on ordinary Americans exercising First Amendment rights.

One can acknowledge that the government has the right — in fact, the responsibility — to enforce the law, yet object that this administration habitually enforces the law in a capricious, arbitrary, and discriminatory manner. They imperiously go after a Bundy while excusing scores of miscreants whose get-out-of-jail-free card is membership in a politically-correct class. They regularly waive legal requirements out of sheer political expediency. They fail to defend duly enacted statutes with which they, the enlightened, disagree.

One can concede that the federal government may take reasonable steps to (ostensibly) protect endangered species, but reject that such creatures should be given primacy over human beings humbly trying to earn a living. It’s a bit unsettling, to say the least, that this administration has displayed more resolve (and animosity) toward Clive Bundy than it has toward Vladimir Putin or Bashar al-Assad.

***

Of course the law is against Cliven Bundy. How could it be otherwise? The law was against Mohandas Gandhi, too, when he was tried for sedition; Mr. Gandhi himself habitually was among the first to acknowledge that fact, refusing to offer a defense in his sedition case and arguing that the judge had no choice but to resign, in protest of the perfectly legal injustice unfolding in his courtroom, or to sentence him to the harshest sentence possible, there being no extenuating circumstances for Mr. Gandhi’s intentional violation of the law. Henry David Thoreau was happy to spend his time in jail, knowing that the law was against him, whatever side justice was on…

Harry Reid, apparently eager for somebody to play the role of General Dyer in this civil-disobedience drama, promises that this is “not over.” And, in a sense, it can’t be over: The theory of modern government is fundamentally Hobbesian in its insistence that where political obedience is demanded, that demand must be satisfied lest we regress into bellum omnium contra omnes. I myself am of the view that there is a great deal of real estate between complete submission and civil war, and that acts such as Mr. Bundy’s are not only bearable in a free republic but positively salubrious

If the conservatives in official Washington want to do something other than stand by and look impotent, they might consider pressing for legislation that would oblige the federal government to divest itself of 1 percent of its land and other real estate each year for the foreseeable future through an open auction process. Even the Obama administration has identified a very large portfolio of office buildings and other federal holdings that are unused or under-used. By some estimates, superfluous federal holdings amount to trillions of dollars in value. Surely not every inch of that 87 percent of Nevada under the absentee-landlordship of the federal government is critical to the national interest. Perhaps Mr. Bundy would like to buy some land where he can graze his cattle.

***

As government grows ever-larger, majority rule becomes more consequential for minority populations. The regulatory state grows, and rural Americans are left with little recourse. The courts won’t overturn regulatory actions absent a clearly-identified liberty interest (with the law granting wide discretion to federal agencies), in many states legislatures are dominated by urban voting blocs, and — particularly in the West — massive federal ownership of land means the voice of the local farmer or landowner is diluted into meaninglessness within the larger national debate.

With few options left within conventional politics, rural Americans are beginning to contemplate more dramatic measures, such as the state secession movements building in Colorado, Maryland, California, and elsewhere. The more viable state secession movements aim to limit urban control by literally removing rural counties from their states and forming new states around geographic regions of common interests…

The long-term solution is simple to conceptualize but difficult to accomplish: de-escalate the stakes of our political disputes by limiting the power of government over American lives. Americans have always had profound differences, and we live together with those differences when victory for one side doesn’t mean inflicting real harm on the losers. But when victory for one side means the end of a way of life for the losers, instability can and will result.

***

***

***

Beck said on his television program Monday that, according to PsyID, a company that monitors social media, between 10 and 15 percent of those who are taking a stand for Nevada rancher Cliven Bundy are “truly frightening” and “don’t care what the facts are; they just want a fight.” Beck likened them to “the right’s version of Occupy Wall Street.”

“Right now,” Beck continued on his radio program, “if you go to my Facebook page, you will see these people everywhere. They are the people that are full of anger and rage … The common theme seems to be, ‘I’m shocked at Glenn Beck. I always knew he was a fraud.’”…

“I want you to listen carefully to it, because I am planting my flag here,” Beck said. “If you are somebody that says ‘I’m for violence … I am angry and I’m not going to take it anymore, and I’m going to act on that anger,’ then I want you to go to my Facebook page and unfriend me. I want you to go to my newsletter page and I want you to unsubscribe. I want you to go to TheBlaze TV and I want you to cancel your subscription today.”


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Harry Reid on the Bundy ranch standoff: This ain’t over

HarryReidontheBundyranchstandoff:This

Harry Reid on the Bundy ranch standoff: This ain’t over

posted at 11:21 am on April 15, 2014 by Allahpundit

For once he’s right. John Hinderaker, who’s sympathetic to Bundy, nonetheless acknowledges that he doesn’t have a leg to stand on legally. Bundy’s theory, that land universally recognized for the past 150 years as belonging to the federal government really belongs to Nevada because it was never properly conveyed to the U.S., is DOA in court. He’ll lose his appeals and then, presumably, he’ll go on refusing to pay grazing fees to use the land. What should the feds do then? Given the publicity the case has drawn and the fact that the judiciary’s on his side, Obama can’t look the other way at Bundy’s continued defiance of the law. He’s happy to do that abroad with bad actors like Putin and Assad because Ukraine and Syria aren’t part of his jurisdiction. (Although fans of the world-policeman theory of foreign policy might disagree.) He can duck those messes, sort of. He can’t duck the one in Nevada, if only because letting Bundy off the hook there is bound to inspire copycat defiance elsewhere. So Reid’s right. This isn’t over.

My question is, how should the feds proceed once Bundy’s appeals are exhausted? What could they do to enforce the court’s order that won’t be treated as some sort of provocation by Bundy supporters? Seize his cattle that are on federal land? Let the cattle graze there but seize some of his assets to make him pay the grazing fee? (If they went the latter route, ranchers would then have a liability right to use federal land for their own purposes, which would interfere with the government’s plans for land use.) Watch the second clip below and you’ll find Glenn Beck taken aback by the violent rhetoric among some Bundy supporters, a portion of whom he thinks are clearly spoiling for a fight. Then watch the first clip, where one supporter is interviewed, and you’ll see why. (Another supporter, a former sheriff, spitballed on Fox News yesterday about placing women at the front of the protest crowd to maximize the PR damage to the feds in case shooting breaks out.) Remember, Bundy doesn’t recognize federal jurisdiction over the land at all; any interference with his cattle by the BLM, no matter how light a touch is used, will presumably be regarded by him and his fans as illegal and therefore worthy of resistance.

Maybe, since Bundy recognizes Nevada’s authority over the land, the feds could ask Nevada authorities to remove the cattle? Not sure the local cops would be up for that, though, partly because of the politics involved in siding with the feds against a native rancher and partly because it sets a precedent of doing the feds’ dirty work for them anytime someone raises an objection to federal authority. Besides, would that really appease Bundy? If the county commissioner shows up and tells him that it really is federal land, according to the government of Nevada, would that do it or would Bundy go on believing his own theory?



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