Archive for March, 2010

27
Mar

Where has this guy been?

For the record, I recommend Ed Whelan’s article on President Barack Obama’s nominee to the 9th Circuit Court of Appeals, Goodwin Liu.

Having said that, where has lawyer Thomas Goldstein, the publisher of SCOTUSblog, been the past 3 decades?

Volkoh Conspiracist Jonathan H. Adler sums up Goldstein’s position on the Liu nomination thusly:

Goldstein’s central argument is that Republican opposition to Liu’s confirmation will set a disturbing precedent of rejecting nominees based upon their ideology.

Does the name Robert H. Bork ring a bell? The precedent Goldstein’s talking about was set decades ago by Democrats.

And here’s the kicker, from Adler:

Senate Democrats have openly opposed confirmation of appellate and Supreme Court nominees well within the “mainstream” of conservative legal thought.  Senate Democrats orgainzed hearings to justify the imposition of such ideological tests, and the consideraton of a judicial nominee’s ideology has been advocated by numerous Democrats, including then-Senator Obama and, interestingly enough, by Professor Liu.  As I noted before, Liu called upon Senators to consider Judge Samuel Alito’s “judicial philosophy” and reject his confirmation because he was outside of the judicial “mainstream.”  In short, Liu himself sought to  “set the bar on whether certain substantive views on the law are just too extreme to permit confirmation” in such a way as to exclude “brilliant and conscientious lawyers” — albeit only those from the “idegological [sic] right.”

What’s good for the goose…

26
Mar

How do you like it now?

Now that the Obamacare is the law of the land, we’re finally getting an idea of how this is really going to work. As House Speaker Nancy Pelosi said, they had to pass the bill before we could know what’s in it.

So what is in it?

Are premiums going to go down 3000 percent as President Obama promised? No. (He reportedly meant to say they would go down $3,000 for the average family, but that’s not going to happen either.)

No, premiums are going to go up.

But the president’s assurance is based on a selective reading of a Congressional Budget Office report that found most individuals would probably buy better, more expensive coverage than what’s available today.

And Obama skips over an important caveat: The budget office didn’t say premiums would be lower than currently. It said premiums for some people would be lower than they would have been without the bill. Premiums for others would be higher.

With the U.S. population getting older, and medical science pushing the technological envelope, there’s very little reason to think premiums will go down. The best Obama can hope for is to slow the pace of increases.

How about creating jobs? Other than the 16,500 at the IRSdon’t hold your breath on this one.

The health care overhaul will cost U.S. companies billions and make them more likely to drop prescription drug coverage for retirees because of a change in how the government subsidizes those benefits.

Well, there goes getting to keep your coverage if you like what you’ve got now too. And think about the perverse changes in how the law works here. The government is going to raise taxes on the prescription drug benefits some companies provide their retirees – apart from Medicare. So, they’re going to make it more expensive for these companies to keep their promises and it’s likely that many of them won’t be able to keep their promises and still compete in the global marketplace.

So, what happens? These companies dump the seniors into Medicare – saving them some money but at the same time depriving the government of an estimated $4.5 billion over 10 years in tax revenues. So, the government isn’t going to get the tax money as companies try to avoid taxes and at the same time all of these seniors will be put into Medicare at the same time Congress is promising to cut about $500 billion from that program.

Does anyone see this working?

24
Mar

A bit of practical advice

UPDATED and BUMPED

For those of you who don’t have employer-provided insurance and who have decided to insure your kids instead of yourselves – if this bill becomes law drop the coverage for your kids and get it for yourself.

Why? Because as soon as the bill becomes law, it will be illegal to deny coverage to kids because of a pre-existing condition, so, if they get sick, you can buy the “insurance” coverage afterwards.

Adults, on the other hand, can still be denied because of a pre-existing condition for the next four years until the real coverage kicks in.

Why the discrepancy? Because Democrats had to make the numbers work out and delaying coverage for adults was a convenient method.

UPDATE!

It turns out the you really did have to wait until the health care reform bill was passed to find out what’s in it. I took President Obama’s word for it when he said that the bill would prohibit denying children coverage for pre-existing conditions immediately upon passage. It turns out that this is inaccurate.

Hours after President Barack Obama signed historic health care legislation, a potential problem emerged. Administration officials are now scrambling to fix a gap in highly touted benefits for children.

Obama made better coverage for children a centerpiece of his health care remake, but it turns out the letter of the law provided a less-than-complete guarantee that kids with health problems would not be shut out of coverage.

Under the new law, insurance companies still would be able to refuse new coverage to children because of a pre-existing medical problem, said Karen Lightfoot, spokeswoman for the House Energy and Commerce Committee, one of the main congressional panels that wrote the bill Obama signed into law Tuesday.

So, please ignore my practical advice for the time being. Maybe President Obama would’ve benefited from allowing the bill to be posted on the White House Web site for 5 days before signing like he promised.

22
Mar

More wasteful spending

I keep getting the feeling that the 2010 Census has a secondary purpose of propping up the U.S. Postal Service. First, they send a letter telling you that next week you’ll get the census form. Then you get the census form. The next week they send you a reminder post card to return the census, never having checked to see if they’ve already received it.

It might not save a lot of money if they’d just sent only the census form, but nowadays every bit counts.

21
Mar

The Final Countdown

A few thoughts as it appears that the Democrats have finally managed to bribe, cajole and lie their way to a “victory” on health care “reform” later tonight.

  • Bart Stupak is either not pro-life or stupid. He’s not stupid.
  • Stupak apparently knew this day would come, and accurately predicted that he’s a sell-out.

  • You can find the text of the executive order that bought Stupak’s soul here.
  • Andy McCarthy notes the world class hypocrisy of President Barack Obama, Stupak and every other Democrat that acquiesces to this abomination.

I know we tire of the hypocrisy, but I really think this is remarkable. We spent the eight years through January 19, 2009, listening to Democrats complain that President Bush had purportedly caused a constitutional crisis by issuing signing statements when he signed bills into law. Democrats and Arlen Specter (now a Democrat) complained that these unenforceable, non-binding expressions of the executive’s interpretation of the laws Bush was signing were a usurpation Congress’s power to enact legislation.

But now Democrats are going to abide not a mere signing statement but an executive order that purports to have the effect of legislation — in fact, has the effect of nullifying legislation that Congress is simultaneously enacting?

  • Has anyone heard the pro-choice caucus or NARAL or NOW screaming bloody murder about the Obama-Stupak deal? No? Well, that gives you an idea of what that deal is worth.
  • Stupak is running for re-election against Dr. Dan Benishek. Benishek needs to get a merchant account to take donations post haste.
  • Democrats seem to think that once they pass this, the American people will get used to it. I hope they’re wrong. The previous examples they point to (Social Security, Medicare) were passed on a bipartisan basis with strong public support. This legislation has neither.
  • I know some people who are of the opinion that Barack Obama must be a successful president, otherwise the American people will never elect another minority to be President of the United States. I don’t think Obama is seen by most of America as a black man. He’s seen by most of America as an arrogant socialist.
  • I’d vote for Thomas Sowell for president in a heartbeat.
20
Mar

It’s just not fair

I think the American people would really appreciate it if the Democrats could come up with someone to match wits with Rep. Paul Ryan.

This sort of thing just isn’t fair. In fact it’s probably a form of elder abuse (as it relates to Reps. Louise Slaughter and Sander Levin) and a hate crime (as it relates to Rep. Xavier Becerra).

20
Mar

Assume the position

In the next 24-48 hours, the House will “vote” and the Senate health care reform bill will be passed – or “deemed” passed. There will be debate and lawsuits to follow as to whether President Obama can sign the Senate bill or whether the Senate must approve the House’s “fixes” first, etc. ad infinitum.

Democrats have been trotting out tragic case after tragic case of people who’ve somehow gotten screwed by the American health care system. It’s not that these people haven’t received care – you know what medical difficulties all of these people have, so they’ve at least seen a doctor and been diagnosed.

The bill purports to extend insurance coverage to an additional 30 million Americans – and it will in 2014 after they’ve been collecting taxes for four years to make it appear as though you can save about $100 billion by spending $1 trillion. What this bill doesn’t do is increase the number of doctors, nurses and hospitals to treat those 30 million people. Many people who currently have health insurance realize how long it can take to get necessary, but not emergency, surgeries done.

Again, health insurance coverage is not synonymous with health care.

Let’s simplify the math here. In order to extend health insurance coverage to 30 million people, Congress is allegedly going to raise taxes by $500 billion and cut Medicare by $500 billion over 10 years and then offer only 6 years of benefits in the first decade. That’s how they got the Congressional Budget Office to score their “reform” as “saving” $100 billion in change over the first 10 years.

A word on the CBO. The CBO does calculations based upon what it is told will happen – no more, no less. If you say you’re going to cut doctors’ pay by 20 percent (the so-called “doctor fix” that isn’t even included in the “reform” calculation), then CBO will dutifully run the numbers – even if politically it will never happen.

You could tell the CBO that you’ve discovered a herd of unicorns that crap gold bars at a rate of 12 oz./hour and the CBO would salute and look up the closing price of gold on the Chicago Mercantile Exchange.

This “reform” is going to cost the American people far more than they will receive in increased medical coverage. Heavy equipment maker Caterpillar came out yesterday and said the proposed reform would cost them $100 million in additional costs the first year. And that’s without the re-hired employees that President Obama said would get their jobs back if the stimulus bill was passed.

Your premiums aren’t going to go down 3,000 percent. They’ll continue to go up – only slower because the government will be throwing your tax dollars at them.

Where’s the government going to be getting those tax dollars? Not from the aforementioned unicorn herd. And not from the rich – there’s not nearly enough of them.

Remember that promise about not raising any taxes on the middle class? That’s reached its expiration date. Massive tax hikes will be required to provide this benefit – and don’t even get me started on eventually paying down the national debt.

The transformation of America into a European statist economy has become. 10+ percent unemployment will become the norm. Taxes on the middle class will be 50 percent or better (once you add in state and local levies).

It’s time to bring back the old Reagan-era slogan: Recession is when your neighbor loses his job. Depression is when you lose your job. Recovery is when Barack Obama loses his job.

18
Mar

Modus operandi

For the past couple of weeks, Fox News White House reporter Major Garrett has been trying to get flack Robert Gibbs to confirm or deny Rep. Joe Sestak’s claim that he was offered a job (allegedly Secretary of the Navy) in return for dropping out of his primary challenge against incumbent Sen. Arlen Specter. Such an offer is a federal crime.

Seeing a what could be the beginnings of a trend with rumors that retiring Rep. Bart Gordon (D-Tenn.) has been promised the NASA administrator job if he switches his “No” to a “Yes” for Obamacare, Sen. Tom Coburn has put down a marker.


“I want to send a couple of messages to my colleagues in the House.

“If you voted no, and you vote yes, and you lose your election, and you think any nomination to a federal post isn’t going to be held in the Senate, I’ve got news for you. It’s going to be held.

“Number two is, if you get a parochial deal for you or your district, I’ve already instructed my staff and the staff of seven other senators that we will look at every appropriations bill … and we will associate that with the buying of your vote. So if you think you can cut a deal now and it not come out until after the election. I want to tell you that your deal isn’t going to happen.

And be prepared to defend selling your vote.

Of course, we’ve long known what many of our politicians are – the question was always what their price was.

17
Mar

The health care reform post

Fox News’ Bret Baier today did the best interview of President Obama any journalist has done since he first began running for president when he was in college. Unlike the sycophants in the rest of the mainstream media, Baier repeatedly returned to questions that Obama failed to answer the first time as he went off on tangents and filibustered.

At the so-called “Health Care Summit,” Rep. Paul Ryan challenged President Obama on the double-counting of a $500 million cut from Medicare that the president claimed both would be used for other programs and helped the long-run fiscal solvency of that program. In response, Obama avoided the question.

Today, Baier wouldn’t be so easily turned aside.

BAIER: Mr. President, you said Monday that you praised the Congressional Budget Office numerous times. You also said this, this proposal makes Medicare stronger — and you just said it to me here —

OBAMA: Right.

BAIER: — it makes coverage better, it makes its finances more secure, and anyone who says otherwise is misinformed or is trying to misinform you.

OBAMA: Right.

BAIER: The CBO has said specifically that the $500 billion that you say that you’re going to save from Medicare is not being spent in Medicare. That this bill spends it elsewhere outside of Medicare. So you can’t have both.

OBAMA: Right.

BAIER: You either spend it on expenditures or you make Medicare more solvent. So which is it?

OBAMA: Here’s what it does. On the one hand what you’re doing is you’re eliminating insurance subsidies within Medicare that aren’t making anybody healthier but are fattening the profits of insurance companies. Everybody agrees that that is not a wise way to spend money. Now, most of those savings go right back into helping seniors, for example, closing the donut hole.

When the previous Congress passed the prescription drug bill, what they did was they left a situation which after seniors had spent a certain amount of money, suddenly they got no help and they were stuck with the bill. Now that’s a pretty expensive proposition fixing that. It wasn’t paid for at the time that that bill was passed. So that money goes back into Medicare, both to fix the donut hole, lower premiums.

All those things are important, but what’s also happening is each year we’re spending less on Medicare overall and as consequence, that lengthens the trust fund and it’s availability for seniors.

BAIER: Your chief actuary for Medicare said this, that cuts in Medicare: "cannot be simultaneously used to finance other federal outlays and extend the trust fund." That’s your guy.

OBAMA: No — and what is absolutely true is that this will not solve our whole Medicare problem. We’re still going to have to fix Medicare over the long term.

BAIER: But it’s $38 trillion in the hole.

OBAMA: Absolutely, and that’s the reason that we’re going to have to — that’s the reason I put forward a fiscal commission based on Republicans and Democratic proposals, to make sure that we have a long-term fix for the system. The key is that this proposal doesn’t weaken Medicare, it makes it stronger for seniors currently who are receiving it. It doesn’t solve that big structural problem, Bret. Nobody’s claiming that this piece of legislation is going to solve every problem that’s been there for decades. What it does do is make sure that the trust fund is not going to be going bankrupt in seven years, according to their accounting rules —

BAIER: So you don’t buy —

OBAMA: — and in the meantime —

BAIER: — the CBO or the actuary that you can’t have it both ways?

OBAMA: No —

BAIER: That you can’t spend the money twice?

OBAMA: — no, what is absolutely true and what I do agree with is that you can’t say that you are saving on Medicare and then spend the money twice. What you can say is that we are going to take these savings, put them back to make sure that seniors are getting help on the prescription drug bill instead of that money going to, for example, insurance reform, and —

So, after all that flailing like a fish on a line, Obama kinda sorta concedes that if you’re filling the Medicare prescription drug donut hole, then you’re not making the trust fund more solvent.

The other comical exchange was when Obama claimed that everyone knows what’s in the bill, but at the same time couldn’t tell Baier whether special deals for Connecticut, Montana and various other states were still in the bill.

For those who are interested, you can see the video after the break.

For an idea of just how dishonest this entire takeover of the health care system is, I present to you an AP fact check.

Buyers, beware: President Barack Obama says his health care overhaul will lower premiums by double digits, but check the fine print.

Premiums are likely to keep going up even if the health care bill passes, experts say. If cost controls work as advertised, annual increases would level off with time. But don’t look for a rollback. Instead, the main reason premiums would be more affordable is that new government tax credits would help cover the cost for millions of people.

That’s right, premiums only become more affordable because the government subsidizes them. Where does the government get the money for the subsidies?

Taxes!

If you think the government is going to get sufficient tax money for this by focusing on “the rich” making more than $250,000 a year, then I’ve got some oceanfront property to sell you in Kansas.

Finally, I’d like to re-emphasize two points.

First, just because you don’t have health insurance, doesn’t mean you can’t get health care. If you’re uninsured and you break your arm or you’re throwing up blood, there isn’t an emergency room in the nation that will turn you away.

Second, just because you have health insurance doesn’t mean you’ll get health care. Waiting lists and rationing are hallmarks of the Canadian and British health care systems and you’d be a bit of a fool to think that if we were to adopt a similar system, that those undesirable aspects wouldn’t come with it.

If you’re willing to trade the former for the latter, at least be honest about what the system is now and what you’ll be getting.

On a related note, doctors think health insurance companies are a pain. Doctors also think the government is worse and appear to be on the verge of “going Galt” if Obama’s plan passes.

Continue reading ‘The health care reform post’

17
Mar

True colors

A couple months back, Editor & Publisher magazine – often referred to as the bible of the newspaper industry – was shut down. (It has since re-opened under new management.) The two top men at the magazine have now found other employment.

Greg Mitchell is now in the employ of The Nation.

Joe Strupp is now in the employ of George Soros’ Media Matters for America.

Not that there was any doubt about where they were coming from when they were ostensibly “unbiased” reporters at E&P.





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