Monday, January 31, 2011

FEDERAL JUDGE RULES OBAMA HEALTH CARE LAW UNCONSTITUTIONAL...

YES!!

Here is the conclusion of the Order from Leagl Insurrection (emphasis made by me):

The existing problems in our national health care system are recognized by everyone in this case. There is widespread sentiment for positive improvements that will reduce costs, improve the quality of care, and expand availability in a way that the nation can afford. This is obviously a very difficult task. Regardless of how laudable its attempts may have been to accomplish these goals in passing the Act, Congress must operate within the bounds established by the Constitution. Again, this case is not about whether the Act is wise or unwise legislation. It is about the Constitutional role of the federal government.

For the reasons stated, I must reluctantly conclude that Congress exceeded the bounds of its authority in passing the Act with the individual mandate. That is not to say, of course, that Congress is without power to address the problems and inequities in our health care system. The health care market is more than one sixth of the national economy, and without doubt Congress has the power to reform and regulate this market. That has not been disputed in this case. The principal dispute has been about how Congress chose to exercise that power here.

Because the individual mandate is unconstitutional and not severable, the entire Act must be declared void. This has been a difficult decision to reach, and I am aware that it will have indeterminable implications. At a time when there is virtually unanimous agreement that health care reform is needed in this country, it is hard to invalidate and strike down a statute titled “The Patient Protection and Affordable Care Act.” ...
In closing, I will simply observe, once again, that my conclusion in this case is based on an application of the Commerce Clause law as it exists pursuant to the Supreme Court’s current interpretation and definition. Only the Supreme Court (or a Constitutional amendment) can expand that.

For all the reasons stated above and pursuant to Rule 56 of the Federal Rules of Civil Procedure, the plaintiffs’ motion for summary judgment (doc. 80) is hereby GRANTED as to its request for declaratory relief on Count I of the Second Amended Complaint, and DENIED as to its request for injunctive relief; and the defendants’ motion for summary judgment (doc. 82) is hereby GRANTED on Count IV of the Second Amended Complaint. The respective cross-motions are each DENIED.

Undoubtedly the Administration will appeal to SCOTUS.  BRING IT!!

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Friday, January 28, 2011

Egypt in flux

It is not because I support Hosni Mubarak; I confess ignorance of the region an it's politics. But any ruler in power for 30 years fails any sanity test for a democracy.


It is not that I fear the people protesting in the streets. They hunger for freedom like every human does.


But I am old enough to know this can very well go from a bad situation to an even worse one.



And as America has fueled the Mubarak monarchy for 30 years, I pray tonight the US Marines in our embassy in Cairo are locked and loaded.

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The Clock Tics: Obamacare Rationing Continues While Repeal Is on Hold

A quick note about where we all stand in regards to the Obamacare healthcare crisis that is upon us:

The House of Representatives moved quickly to pass legislation to repeal the President’s Health Care Reform measures but for breast cancer patients, repeal might not come soon enough.

Breast cancer patients are among the initial victims of the ObamaCare mindset where cost of treatment trumps the effectiveness of treatment. Thanks to the Food and Drug Administration (FDA) the life-extending drug Avastin may no longer be an option for breast cancer patients – despite evidence of its effectiveness and testimony of women—and their doctors– who believe they survive solely because of the drug.
The FDA seems intent on “de-lableing” the drug – a move that would allow insurance companies and Medicare to deny coverage for the drug. Even though the FDA is not charged with considering the cost of a drug when determining its availability, it is apparent they did. Jean Grem of the University of Nebraska explained her anti-Avastin vote by observing, “We aren’t supposed to talk about cost, but that’s another issue."
Read more at BigGoverment

Defund and Repeal Obamacare... now!

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Wednesday, January 26, 2011

The irony of President Obama's call for a 'Sputnik Moment'

Presient Obama at his 2011 State of the Union address spoke:

Half a century ago, when the Soviets beat us into space with the launch of a satellite called Sputnik¸ we had no idea how we’d beat them to the moon. The science wasn’t there yet. NASA didn’t even exist. 

But after investing in better research and education, we didn’t just surpass the Soviets; we unleashed a wave of innovation that created new industries and millions of new jobs.

This is our generation’s Sputnik moment.
In 1957, at an Army base in northern NJ, a group of scientists working in Top Secret scanned the heavens waiting to hear a signal from Sputnik I.   Camp Evans became part of Fort Monmouth, which later became home to the US Army's Communications-Electronics Command (CECOM).  

A half century later, Ft. Monmouth stands poised to be shuttered in 2011, part of the DoD's ongoing Base Realignment and Closure (BRAC) process, while NASA is about to end it's manned space program with the end of the Shuttle program.

Neither of these are directly related to Pres. Obama (altho his disdain for manned space funding is quite apparent),  bur they do serve as a bitter irony to his use of the phrase Sputnik Moment.

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State of the Union recap

Here then are my comments on President Obama's State of the Union 2011 speech.

New laws will only pass with support from Democrats and Republicans.  We will move forward together, or not at all -– for the challenges we face are bigger than party, and bigger than politics.
How nice!  After we had TARP and Obamacare shoved at us, and after a decisive shellacking in November, shifting the power in House of Representatives to the GOP's favor, now we will have bipartisan.   So it seems today the reported 'I won' attitude is gone. Curious timing, don't you think?
 With more research and incentives, we can break our dependence on oil with biofuels, and become the first country to have a million electric vehicles on the road by 2015. 
Nice goal, but tell me: with my infamous 2 hr commute (each way) by car, what will this do for me, since right now we're good for ~40 miles on battery?  And who will pay for these charging stations, the employers?? That's rich!  (oh, wait, have I answered my own question?)

 Today, there are hundreds of thousands of students excelling in our schools who are not American citizens.  Some are the children of undocumented workers, who had nothing to do with the actions of their parents. They grew up as Americans and pledge allegiance to our flag, and yet they live every day with the threat of deportation.  

Now, I strongly believe that we should take on, once and for all, the issue of illegal immigration.  And I am prepared to work with Republicans and Democrats to protect our borders, enforce our laws and address the millions of undocumented workers who are now living in the shadows.
In one breath, Pres. Obama endorses amnesty for dependants of illegal aliens, then speaks of strengthening the border.  How about reversing the order: secure the border, then deal with the illegal immigrants?  When you're house has a water pipe break, you fix the leak BEFORE you bail the water.

 Within 25 years, our goal is to give 80 percent of Americans access to high-speed rail. 
Nice applause line.  Throughout the northeast there are hundreds of miles of unused rail beds, running through lots with homes and backyards.  Efforts to reclaim those rail beds to provide commuter lines through northern NJ, for example, are met with lawsuits from the home owners, who ignore their deed restrictions and instead setup playgrounds on  the beds, daring the rail companies to come through.  How will were ever get rail service to 80% of the US if the railroads cannot reclaim their OWN land today?
So tonight, I’m asking Democrats and Republicans to simplify the system.  Get rid of the loopholes.  Level the playing field.  And use the savings to lower the corporate tax rate for the first time in 25 years –- without adding to our deficit.  It can be done.
Why is it when companies (or individuals) use a legal loophole to their own advantage, they are demonized as if they're somehow cheating?  Why do we continue to bad mouth those who are successful?

So tonight, I am proposing that starting this year, we freeze annual domestic spending for the next five years.
Freeze?  Freeze?  HOW ABOUT CUTTING DISCRETIONARY SPENDING??

Now, I have heard rumors that a few of you still have concerns about our new health care law.  (Laughter.)  So let me be the first to say that anything can be improved.  If you have ideas about how to improve this law by making care better or more affordable, I am eager to work with you.  We can start right now by correcting a flaw in the legislation that has placed an unnecessary bookkeeping burden on small businesses.  (Applause.)
Eager to work?  With the GOP?  So you mean Pres. Obama will listen to the GOP, like he did at Blair House, where the entire meeting was used to justify the unkept promise of having all debates on Obamacare being on CSPAN?  Where none of the concerns or ideas of the GOP were even considered? 

Are that many Americans that naive to not see this lie for what it is?

Of course, some countries don’t have this problem.  If the central government wants a railroad, they build a railroad, no matter how many homes get bulldozed.  If they don’t want a bad story in the newspaper, it doesn’t get written.
Heh, unless you contact MSNBC and spike the story or discussion (even if it's being discussed live).

Nothing new from President Obama, right down to the intentional shift to the Center.   He's on the re-election trail, and efforts will need to be stepped up to ensure his agenda will go no further, and that he will be defeated at the ballot box in 2012.

We cannot afford to do any less!

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Wednesday, January 19, 2011

On the road to repealing Obamcare

I am cautiously optimistic ad the growing movement to repeal the law laughingly called Affordable Care Act (ACA), or better known as Obamacare.

Now let's get this right out in the open: a lot of people are angry at the use of the word Obamacare, and to them I merely point them to Google, wherein you'll find that the Department of Health and Human Services have paid for a Google Ad that will direct you to their site if you search on Obamacare.  So regardless of whether I want the law repealed or not, if the HHS is going to spend our tax monies on Google searches of the word Obamacare, it's good enough for me!

My kid's physicians announced they no longer take Medicare, my current job is to be relocated without my yet knowing if I am invited along, and my employment future is still not-as-good-as-I'd-like, yet I am growing optimistic that Obamacare will be repealed.  Maybe not this year, but not too far down the line.

It is a boondoggle and a nightmare of government overreach, pushing good doctors out of the field. Here's an interview with one dedicate physician who can no longer afford to practice her art:



The House vote will be the first step towards killing (yes, I said killing) this horrendous law.  I am not so optimistic to think the Senate will vote to overturn it, but it may.   But step-by-step, the voters will hear the arguments, see their taxes rise to pay for this mess, see the numbers of doctors dwindle, then they'll oust the Senators who stand in the way.

And even if that means waiting until 2012, so be it.  I just hope it won't be too late for us all!

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Thursday, January 13, 2011

Time for a road trip

In the last few weeks, I've had the opportunity to be at home at lot more than usual.

Between Christmas Eve, New Year's Eve, a few snow days and some planned days-off, I've been home about 6 more days than typical.

My much-better-half is wondering when will be my next business trip; too bad I don't have any such opportunities on the horizon.

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