Freedom and Liberty
And I’m not talking about Putin’s attempt to resurrect it – I’m instead talking about this horrific overreaction by state of Maryland to … a book set in the future:
A 23-year-old teacher at a Cambridge, Md. middle school has been placed on leave and—in the words of a local news report—”taken in for an emergency medical evaluation” for publishing, under a pseudonym, a novel about a school shooting. The novelist, Patrick McLaw, an eighth-grade language-arts teacher at the Mace’s Lane Middle School, was placed on leave by the Dorchester County Board of Education, and is being investigated by the Dorchester County Sheriff’s Office, according to news reports from Maryland’s Eastern Shore. The novel, by the way, is set 900 years in the future. . . .
Imagine that—a novelist who didn’t store bombs and guns at the school at which he taught. How improbable! Especially considering that he uses an “alias,” which is apparently the law-enforcement term for “nom de plume.” (Here is the Amazon page for The Insurrectionist, by the way. Please note that the book was published in 2011, before McLaw was hired.)
According to an equally credulous and breathless report in the Star-Democrat, which is published in Easton, Md., the combined efforts of multiple law-enforcement agencies have made area children safe from fiction. Sheriff Phillips told the newspaper that, in addition to a K-9 sweep of the school (!), investigators also raided McLaw’s home. “The residence of the teacher in Wicomico County was searched by personnel,” Phillips said, with no weapons found. “A further check of Maryland State Police databases also proved to be negative as to any weapons registered to him. McLaw was suspended by the Dorchester County Board of Education pending an investigation and is no longer in the area. He is currently at a location known to law enforcement and does not currently have the ability to travel anywhere.”
As I find and read more stories like this on a much more frequent basis, I have to wonder what happened to America. Where did it go? And when?
The fact that anyone would find this supportable is phenomenal in and of itself, yet here we have the report … McLaw was obviously taken as a credible threat because he wrote … fiction to sell books.
Jeffery Goldberg goes on:
It is somewhat amazing that local news reports on this case don’t make clear whether McLaw is under arrest, and if so, on what charge. It is equally astonishing that the reporters on this story don’t seem to have used the words “First Amendment” in their questioning of law-enforcement officials, and also astonishing they don’t question the Soviet-sounding practice of ordering an apparently sane person who has been deemed unacceptable by state authorities to undergo a psychological evaluation.
It would be useful to know if McLaw is under investigation for behavior other than writing two novels—and perhaps he will be shown to be a miscreant of some sort—but so far, there is no indication that he is guilty of anything other than having an imagination, although on Maryland’s Eastern Shore, as news reports make clear, his imagination is considered an active threat.
Dorchester County Superintendent of Schools Dr. Henry Wagner told WBO that police will be present at the middle school “for as long as we deem it necessary,” and the sheriff said that law-enforcement officials across the Delmarva peninsula have been given McLaw’s photo in case he shows up in their jurisdictions—though again, it is not clear if he is, in fact, in police custody at the moment.
This is what happens when people quit thinking and only do “their duty”. When rules like “zero tolerance” replace common sense.
What happened to McLaw is an outrage. It is unacceptable. It should be condemned in the very strongest of terms.
Yet, at least by the media there, it seems all perfectly sane and normal. And, apparently, the police force as well. School. Etc.
Maryland (and Cambridge in particular) should be utterly ashamed.
How many times have we been treated to hissy fits by the environmental left when it comes to species other than humans and their endangerment? What group has constantly pushed for laws that protect animals from humans? And where have the enviros been mostly silent as a particular group of animals is wantonly slaughtered daily in the name of green, renewable energy?
California’s massive Ivanpah solar power plant can produce enough electricity for 140,000 households — but the environmental cost is nothing less than an avian slaughter.
The plant’s 350,000 mirrors bounce sizzling sunlight to the tops of three 40-story boiler towers, heating steam for turbine electricity generators. Temperatures near the towers can reach up to 1,000 degrees Fahrenheit, heat certainly sufficient to fry a fowl.
“Workers at the state-of-the-art solar plant in the Mojave Desert have a name for birds that fly through the plant’s concentrated sun rays — ‘streamers,’ for the smoke plume that comes from birds that ignite in midair,” the Associated Press reports this week.
That’s a common occurrence, the AP continues; federal investigators saw a bird burn roughly every two minutes. Ivanpah owner BrightSource estimates that “about a thousand” die each year, and one environmental group says the plant kills up to 28,000 birds each year.
Of course, if you do the math (and account for 12 hours of darkness each day) it comes out to about 130,000 a year – assuming the observation that one bird “burns” every two minutes. And the outcry? Yeah, not so much.
And some of the birds it is killing are, among others, endangered:
As the plant prepared to begin operations, workers found the winged corpses of “a peregrine falcon, a grebe, two hawks, four nighthawks, and a variety of warblers and sparrows,” the Wall Street Journal reported earlier this year.
You want a “silent spring”? Keep building these sorts of installations.
What about wind turbines? Well, Ivanpah comes up a piker in comparison:
Ivanpah isn’t the only green darling with a lot of bird blood on its hands, either. The American Bird Conservancy estimates wind turbines slay 440,000 birds each year, and the an analyst writing in the Wildlife Society Bulletin says it’s closer to 573,000 — in addition to 888,000 bats.
And, as usual, our federal government makes exceptions to the law for favored industries:
Federal wildlife officials on Friday for the first time agreed not to prosecute a developer if an endangered California condor is struck and killed by turbine blades at its proposed wind farm in the Tehachapi Mountains, about 100 miles north of Los Angeles.
You accidentally do it and watch how much of an exception they make for you.
In the meantime, with all this data showing massive bird kills among solar and wind turbine installations?
Crickets – unless they find some other sort of “green energy” source that happens to wipe them out too.
I’m not sure how else you interpret this “inversion” nonsense.
Burger King Worldwide Inc. is in talks to buy Canadian coffee-and-doughnut chain Tim Hortons Inc., a deal that would be structured as a so-called tax inversion and move the hamburger seller’s base to Canada.
The two sides are working on a deal that would create a new company, they said in a statement, confirming a report on the talks by The Wall Street Journal. The takeover would create the third-largest quick-service restaurant provider in the world, they said.
The point of this sort of a merger, beside the business aspect, is to move the headquarters of Burger King to a lower tax nation:
Inversion deals have been on the rise lately, and are facing stiff opposition in Washington given that they threaten to deplete U.S. government coffers. A move by Burger King to seal one is sure to intensify criticism of them, since it is such a well-known and distinctly American brand.
By moving to a lower-tax jurisdiction, inversion deals enable companies to save money on foreign earnings and cash stowed abroad, and in some cases lower their overall corporate rate. Even though many of the headline-grabbing inversion deals of late have involved European companies, Canada has also been the focal point for a number of them, given its proximity and similarity to the U.S. Canada’s federal corporate tax rate was lowered to 15% in 2012.
And surprise – Canada’s economy is picking up steam and corporations are eyeing it as a place to locate. Imagine that.
Canada’s corporate tax rate in Ontario of 26.5% (the federal rate of 15% plus Ontario’s provincial corporate tax rate of 11.5%) is considerably favorable to the American corporate tax rate of 35% thanks in large part to the conservative Canadian government led by Stephen Harper. The Harper government lowered the federal tax rate to 15% in 2012 down originally from 28% since it took office in 2006.
In fact, a recent KPMG Report, Focus on Tax, ranked Canada as the #1 country with the most business-friendly tax structure among developed countries when adding up a wide range of tax costs to businesses from statutory labor costs to harmonized sales tax. When comparing developed countries to what companies pay in the U.S.; Canada came in at 53.6%, the U.K. came in at 66.6%, and the Netherlands at 74.5% of the U.S. corporate tax burden.
Meanwhile, our politicians are trying to find a way to prevent that, because, well because they apparently think corporations work for them and exist to pay whatever tax rate they deem necessary. Of course, in a free country, this wouldn’t even be an issue. Corporations, like people, have the right to move wherever they wish. It is their call, not the government’s.
But, here that’s not the case:
Burger King’s possible merger to obtain the favorable Canadian corporate tax rate is a true reflection of the American corporate tax rate being the highest in the OECD. However, rather than taking the same stance on outright cutting the corporate tax rate as the Harper government did to keep the U.S. a competitive place to do business, President Obama calls tax inverting companies like Burger King “corporate deserters who renounce their citizenship to shield profits”. At the urging of President Obama, Congress is considering a bill to make it harder for companies to change addresses abroad. Treasury Secretary Jacob Lew called for a “new sense of economic patriotism,” asking Congress to pass curbs to inversions. The Treasury Department currently is also preparing options to deter or prevent corporate tax inversions potentially on its own.
“Corporate deserters”. “Economic patriotism”. It’s Orwellian Newspeak at its finest. Imagine anyone trying to “shield profits” from a grasping and out-of-control government. It is also another, in a long line of indicators, that this is no longer a free country in the sense we used to believe it was. It is now a country where every other entity is subservient to the needs or wants of intrusive, controlling government.
How do you argue a point with a side which hasn’t a clue how the real world works or what a logical “non-sequitur” is?
I think we all know which side that is.
Here’s the premise put forth by an article in The New Republic:
“Libertarians Who Oppose a Militarized Police Should Support Gun Control”
Here’s a sketch of the argument:
There is indeed agreement between many liberals and libertarians that the militarization of the police, especially in its dealings with racial minorities, has gone too far. But this consensus may crumble pretty quickly when it’s confronted with the obvious police counter-argument: that the authorities’ heavy firepower and armor is necessary in light of all the firepower they’re up against. At that point, many liberals will revert to arguing for sensible gun control regulations like broader background checks to keep guns out of the hands of violent felons and the mentally ill (the measure that police organizations successfully argued should be the gun control movement’s legislative priority following the Newtown, Connecticut shootings) or limits on assault weapons and oversized ammunition clips. And liberals will be reminded that the libertarians who agree with them in opposing police militarization are very much also opposed to the gun regulations that might help make the environment faced by police slightly less threatening.
But it doesn’t “crumble” at all. You have to buy into the premise that it is a more lethally dangerous out there for police than it appears to be. But it isn’t:
The number of law-enforcement officers killed by firearms in 2013 fell to levels not seen since the days of the Wild West, according to a report released Monday.
The annual report from the nonprofit National Law Enforcement Officers Memorial Fund also found that deaths in the line of duty generally fell by 8 percent and were the fewest since 1959.
According to the report, 111 federal, state, local, tribal and territorial officers were killed in the line of duty nationwide this past year, compared to 121 in 2012.
Forty-six officers were killed in traffic related accidents, and 33 were killed by firearms.
The number of firearms deaths fell 33 percent in 2013 and was the lowest since 1887.
And the drop is credited to bullet proof vests, not SWAT Teams and MRAPS. Pretending that the threat is any higher now than it always has been seems obviously wrong, given the facts. Certainly there are toxic cultures within our society who believe that violence is the answer to whatever they encounter as a problem. And yes, police have to face that potential threat all the time. Do I think police should be armed adequately? Yes, but that doesn’t at all begin to cover what we see among today’s police forces in terms of both equipment and tactics. In fact, I believe it is all of these “wars” on everything from drugs to terrorists which have had a hand in helping to militarize the police.
That said, agree or disagree with that point, gun control is essentially not only been shown to be ineffective but is a non-sequitur in this “argument”. See Chicago, Detroit, Washington DC for proof the ineffectiveness of the ban. But you have to ask, who in this day and age but a clueless journalist would even begin to believe that “broader background checks” are going to keep guns out of the hands of “violent felons?” Have they in the past (their answer is they just haven’t be stringent enough)? Honestly, do they really believe a felon is going to waltz into a gun store to buy what he wants knowing full well he’ll have a background check run? Really?
Have these rubes never heard of a black market (they can buy guns from Mexican cartels, thoughtfully provided by the DoJ)? Do they not realize that any “violent felon” who wants a gun isn’t going to even try to get one legally? So, knowing that, why in the world would any libertarian grant the absurd premise knowing full well that doing so only limits the freedom of the law abiding citizenry? It’s absurd on its face. And, logically, it is a non-sequitur to any libertarian (again, libertarianism isn’t about shrinking rights and freedoms for heaven sake). How does making it more inconvenient for citizens who aren’t “violent felons” to buy a gun for self-protection going to stop a felon from obtaining his gun illegally? It isn’t.
Because, of course, that’s not what they really want (i.e. incremental change via “broader background checks”). They want a total ban on guns, for government and felons to be the only people with guns and to essentially outlaw then outright. Obviously they are oblivious to the danger of only government having guns and they certainly don’t seem to be able to wrap their heads around the fact that felons aren’t going to pay any attention to the law. Nor will the black market in illegal guns. So why, again, should anyone grant this argument credence?
I swear, you just wonder at times what goes on between their ears all day, because it certainly has nothing to do with the real world or reason.
Yup, NBC is figuring out that things aren’t so great, especially in Obamaville:
To words sum up the mood of the nation: Fed up.
Six in 10 Americans are dissatisfied with the state of the U.S. economy, more than 70 percent believe the country is headed in the wrong direction, and nearly 80 percent are down on the country’s political system, according to the latest NBC News / Wall Street Journal poll.
The frustration carries over to the nation’s political leaders, with President Barack Obama’s overall approval rating hitting a new low at 40 percent, and a mere 14 percent of the public giving Congress a thumbs up.
So there is no question that a majority of Americans (60/40) disapprove of the job the President is doing. About time. What is a question is what will be done about it.
My guess? Not much. I’m not talking about impeachment, I’m not talking about censure – neither are options for the American people as a whole. I’m talking about the next presidential election – will it be another emotional beauty contest, or will the people actually take it seriously? Given the last presidential election, which returned an incompetent and disconnected president to office, I have no real hope they will.
Looking at the Congressional numbers, I only say “what’s new”? Their low numbers have persisted through a number of presidencies and yet the same people pretty much run the place. And apparently it is heresy to actually want candidates who see the Constitution as the law of the land and essentially mandating a much smaller government with much less intrusion into the daily lives of Americans.
But, will the people of the US actually choose the heretics? It appears they’d much rather stick with the status quo and bitch about it. I expect nothing much to change in Congress except a few names and party affiliations and perhaps the majority in the Senate. But work toward smaller, less intrusive and less costly government? Address spending and the deficit? You need to provide me with some of the drugs you’re taking if you think that will happen.
Nope … just as I believe the West hasn’t the backbone to do what is necessary to confront and eradicate radical Islam, I have no confidence that the American people want to do anything more about the current situation than bitch about it.
We’ve had a succession of wave elections that have put an exclamation point to the findings above. At each election, they’re pretty much the same as those above. And what have they brought us? More of the same. I can’t imagine this will be any different. Just a different branch of the same establishment group getting the blame.
So who will win in November?
Who cares? If Mitch McConnell is Majority Leader, Harry Reid is Minority Leader and Barack Obama is President, what will really change?
The New Republic publishes an article saying, in essence, “see, the ObamaCare increases are nothing to really get excited about“. And to emphasize the point, they issue this Price-Waterhouse map (the reason they use it is as an appeal to authority):
If you look at it, you’d likely conclude that they were mostly right … where’s the problem? Only Indiana seems to have a real problem and its increases are only around 15%.
And, you know, if Price-Waterhouse says it, it must be true.
Researching it beyond that, well, that would be journalism:
INDIANA: 2015 premiums increases ‘as high as … 46-percent’ “Initial 2015 premiums filed for the Obamacare exchanges in Indiana ranged from as high as a 46-percent hike to as low as a 9-percent cut.” (Indianapolis Business Journal, 5/19/14)
MARYLAND: 2015 premiums could increase up to 30% “Maryland’s dominant insurance company, CareFirst, is proposing hefty premium increases of 23 to 30 percent for consumers buying individual plans next year under the federal health-care law, according to filings released Friday.” (The Washington Post, 6/6/14)
WASHINGTON: 2015 premiums could increase ‘up to 26%’ “If approved, rate increases for 2015 individual health plans proposed by 12 insurance companies may affect most policyholders… [up] to an increase of 26 percent…” (The Seattle Times, 5/13/14)
ARIZONA: 2015 premium increases up to 25.5 percent “New filings trickling into the Arizona Department of Insurance show at least two health insurers plan to increase rates more than 10 percent. Cigna Wants To Increase Rates An Average Of 14.4 Percent And Humana, 25.5 Percent.” (The Arizona Republic, 6/2/14)
LOUISIANA: ‘Double-digit increases’ up to 24% possible “Some Louisiana private health insurers filed for double-digit percentage increases in 2015 for policies sold under the Affordable Care Act’s health exchange, according to filings this week with the Louisiana Department of Insurance.” (New Orleans Times Picayune, 7/15/14)
· “Blue Cross Blue Shield of Louisiana, the state’s largest provider, is proposing rate increases of between 18.3 percent and 19.7 percent for policyholders in its Blue Saver, Blue Max and its Multi-State individual health plans. The plans cover 52,638 people. … The 4,947 people who signed up with Human Louisiana facea hike of 15.7 percent, while the 966 insured residents with Time Insurance Company face a hike of 24 percent, according to the filings made public this week.”(New Orleans Times Picayune, 7/15/14)
TENNESSEE: 2015 Premiums Could Increase up to 21.7% “BlueCross BlueShield of Tennessee — the state’s dominant health insurance provider — is asking to raise rates by an average of 19 percent for its exchange plans in 2015, according to documents filed with the state of Tennessee. …the consumer will experience a rate increase between 6.1 percent and 21.7 percent, depending on the product he or she has bought.” (Chattanooga Times Free Press, 7/17/14)
· “Meanwhile, Cigna is requesting an average rate increase of 7.5 percent in 2015, while Kentucky-based Humana would like to boost marketplace rates by an average of 14.4 percent.” (Chattanooga Times Free Press, 7/17/14)
NEW YORK: 2015 premiums could increase up to 19.7% “Insurance firms participating in New York’s ObamaCare health exchange are seeking double-digit hikes for patient medical premiums in 2015, new figures reviewed by The Post reveal. The average hike sought by insurers for individual plans is 12 percent—but a number of firms serving large numbers of patients want to boost individual premiums by nearly 20 percent. Leading the charge is Excellus Health Plan, which is seeking to sock more than 24,000 customers with a 19.7 percent hike.” (New York Post, 7/3/14)
VERMONT: 2015 premiums could increase up to 18.3% “The two companies that sell policies on the state’s online health insurance marketplace — Vermont Health Connect — have filed requests with state regulators for big rate increases for 2015. Blue Cross Blue Shield of Vermont has asked for an average increase for its plans of 9.8 percent. … the increases would have averaged 3.3 percent if not for federal and state mandates. … MVP Health Care proposed an even bigger rate increase — an average 15.4 percent, with a range starting at 10.7 percent and rising to 18.3 percent.” (Burlington Free Press, 6/3/14)
MICHIGAN: 2015 premium increases up to 18 percent “Most people buying their own health insurance in Michigan could see near double-digit premium increases next year. State insurance regulators said Wednesday that dominant insurers Blue Care Network and Blue Cross Blue Shield want to raise rates by an average of 9.3 percent or 9.7 percent in 2015. … Humana is the insurer with the third most customers in Michigan’s individual market and seeks an average 18 percent rate increase affecting 16,600 customers.” (The Associated Press, 6/26/14)
VIRGINIA: 2015 premiums could increase up to 14.9% “…the Anthem HealthKeepers Inc. plan offered by a unit of WellPoint Inc. said it would raise premiums by an average of 8.5% across its individual plans in Virginia, which cover about 110,000 people and are sold on the online insurance exchange set up by the health law, as well as directly to consumers. … The Virginia filings show other health plans proposing rate increases ranging from 3.3% for Kaiser Foundation Health Plan of the Mid-Atlantic States, Inc., with around 10,000 members in the state, to 14.9% for CareFirst BlueChoice Inc., which said it had about 32,000 members.” (The Wall Street Journal, 5/11/14)
IOWA: 2015 premium increases up to 14.5 percent “About a quarter of a million Iowans would see their insurance rates rise next year should the state approve a request from Iowa’s dominant health insurer. Wellmark Blue Cross and Blue Shield announced Friday that it is seeking to raise premium rates for 253,000 policyholders in Iowa. Those rate increases would affect individual policyholders and small businesses. Most — 92 percent — of the proposed rate increases would be less than 5.9 percent, according to numbers provided by Wellmark. … For the remaining 7.5 percent of policyholders — those who have post-Affordable Care Act plans for individuals under 65 — Wellmark is asking for a rate increase between 11.9 percent and 14.5 percent.” (Des Moines Register, 6/20/14)
OHIO: “Premiums would increase 13 percent next year for Ohioans who buy health coverage through the federally run insurance exchange, the Ohio Department of Insurance said yesterday.” (The Columbus Dispatch, 5/30/14)
OREGON: 2015 premiums could increase up to 12.5% “Moda Health captured more than 40 percent of the state’s exchange enrollees this year, with about 95,000 people covered under its plans. The company is proposing to increase prices by an average of 12.5 percent. Only one other carrier proposed a double-digit price increase.” (The Hill, 6/11/14)
RHODE ISLAND: 2015 premium increases ‘averaging 12 percent’ Blue Cross & Blue Shield of Rhode Island is proposing 2015 premium increases averaging 12 percent for individuals and families, and 8 percent for small groups.” (Providence Journal, 5/19/14)
DELAWARE: 2015 premiums could increase 5% “Delawareans could face higher insurance costs under the Affordable Care Act next year under new rate requests from insurers. Highmark Blue Cross Blue Shield is seeking average premium increases of 5 percent for individuals who bought insurance through Delaware’s exchange.”(The Associated Press, 7/15/14)
Premiums would rise an average 13.2 percent for Floridians, according to the Florida Office of Insurance Regulation. But actual increases would vary greatly on families’ size, financial circumstances, county of residence and the types of plans they select.
All that said, that’s not the argument is it? Wasn’t the promise that ObamaCare would save families an average of $2,500 a year?
That’s what I remember.
But, you know, it’s a great success.
That’s precisely what this pediatrician is claiming when he talks about what he has a right to do as it pertains to his patients and guns in the house:
As a pediatrician, I have one, straightforward professional obligation: to safeguard and support the health and wellbeing of my patients. In my case, those patients are children, but you could change the age range of the people coming into the office and apply that statement to any medical provider.
Every question I ask and every part of the physical examination, no matter how uncomfortable or invasive they might sometimes seem, is directed toward that one goal. I don’t ask about my patients’ sexual habits for the sake of prurience, for example, but rather to assess their risk for problems like sexually transmitted infections or unintended pregnancy.
Asking about guns in the house is no exception. When I ask parents if there are firearms in the home, and if so how they are secured, it is for the sole purpose of keeping their children safe. Given that access to guns in the home has been shown to increase the risk of death from suicide or homicide, to say nothing of the risk of accidental death, these questions are important. I ask because the answer matters.
He won’t ask you if you have a pool. Or a car. Or knives. Just a gun.
He assumes a right to ask based on the false notion that it is his job to “keep children safe”. Well, it’s not.
So when asked by anyone about guns in my house, I will invoke my real right – that of privacy – and look an intrusive bastard like this right in the face and say, “that’s none of your ‘effing business.”
Question asked and answered.
When they do we see scandals like the VA. What the left will tell you is that’s an exception. That the government can run health care vastly better than the private sector because it knows how to control costs.
NHS doctors are prematurely ending the lives of thousands of elderly hospital patients because they are difficult to manage or to free up beds, a senior consultant claimed yesterday.
Professor Patrick Pullicino said doctors had turned the use of a controversial ‘death pathway’ into the equivalent of euthanasia of the elderly.
He claimed there was often a lack of clear evidence for initiating the Liverpool Care Pathway, a method of looking after terminally ill patients that is used in hospitals across the country.
It is designed to come into force when doctors believe it is impossible for a patient to recover and death is imminent.
There are around 450,000 deaths in Britain each year of people who are in hospital or under NHS care. Around 29 per cent – 130,000 – are of patients who were on the LCP.
Need beds? LCP an oldie. Problem solved. Because with the bureaucracy, you’re not an individual or a patient, you are literally a number to be managed in a way that best benefits the bureaucracy.
Professor Pullicino claimed that far too often elderly patients who could live longer are placed on the LCP and it had now become an ‘assisted death pathway rather than a care pathway’.
He cited ‘pressure on beds and difficulty with nursing confused or difficult-to-manage elderly patients’ as factors.
Now it’s not like we don’t have examples that confirm this – this is one, the other is in our own backyard.
Death panels? Don’t need ‘em. Doctors – you know, the guys who swear to the Hippocratic oath – are empowered by the bureaucracy to arbitrarily assign you to the death pathway. Or, in the case of the VA, simply ignore you by leaving you on a wait list until you die. Either way, a smart person would quickly see where the movement here in this country is going. A bigger version of the NHS.
The U.S. Court of Appeals for the D.C. Circuit delivered a huge blow to Obamacare this morning, ruling that the insurance subsidies granted through the federally run health exchange, which covered 36 states for the first open enrollment period, are not allowed by the law.
The highly anticipated opinion in the case of Jacqueline Halbig v. Sylvia Mathews Burwell reversed a lower court ruling finding that federally run exchanges did have the authority to disburse subsidies.
Today’s ruling vacates the Internal Revenue Service (IRS) regulation allowing the federal exchanges to give subsidies. The large majority of individuals, about 86 percent, in the federal exchange system received subsidies, and in those cases the subsidies covered about 76 percent of the premium on average.
The essence of the court’s ruling is that, according to the law, those subsidies are illegal. They were always illegal, and the administration never had the authority to offer them. (According to an administration official, however, the subsidies will continue to flow throughout the appeals process.)
Don’t get to excited about this yet. It was a 3 judge panel. And it will likely go to the Supreme Court. Finally, in a different Circuit (4th) a ruling says the subsidies are legal:
A different circuit court ruled today that subsidies offered through federally run exchanges are authorized on the law. This creates a circuit court split, which increases, but does not guarantee, the chances of an eventual hearing by the Supreme Court. It is also possible, and arguably even more likely, that the circuit split will be dealt with via en banc review.
Bottom line: a heavy shot across the bow of the sinking ship ObamaCare. If the DC Circuit finding survives the review and an appeal to the Supreme Court, then foundering ship will take the next shot below the water line. As for the law, it’s not going to get changed anytime soon with a Republican House.
As for the law, the DC Court said it was pretty clear to them:
“We conclude that appellants have the better of the argument: a federal Exchange is not an ‘Exchange established by the State,’ and [the relevant section of the law] does not authorize the IRS to provide tax credits for insurance purchased on federal Exchanges,” the decision says.
The law “plainly makes subsidies available only on Exchanges established by states,” the ruling says. “And in the absence of any contrary indications, that text is conclusive evidence of Congress’s intent. To hold otherwise would be to say that enacted legislation, on its own, does not command our respect—an utterly untenable proposition.”
Plain law, literally interpreted and applied. Certainly not what we’re used too. So let’s see how convoluted this gets moving up the line. My guess is it will be unrecognizable after the lawyers begin to redefine terms and words and make their arguments. By the end of it, it wouldn’t surprise me in the least to learn that “federal exchanges” now means whatever the IRS wants it to mean. But clearly, the way to kill this monstrosity is to starve it. And the way you starve it is to defund it … even if you have to do it bit by bit.
“Economic patriotism” is the new meme that Democrats are throwing around to demonize companies that try to avoid taxes here in the US, i.e. you’re not a patriotic company if you attempt to avoid taxes the Dems think you should be paying. Kevin Williamson covers it:
Jack Lew, late of Citigroup and currently of the Obama administration, has issued a call for “economic patriotism.” This phrase, which is without meaningful intellectual content, is popular in Democratic circles these days. Ted Strickland, the clownish xenophobe and nearly lifelong suckler upon all available taxpayer teats who once served as governor of Ohio, famously denounced Mitt Romney as a man lacking “economic patriotism” during the 2012 Democratic convention. President Barack Obama has used the phrase. It’s not that I do not appreciate lectures on “economic patriotism” from feckless former executives of dodgy Wall Street enterprises, guys who get rich monetizing their political celebrity, and second-rate ward-heelers from third-rate states; it’s just that nobody ever has been able to explain to me what the term is intended to mean.
The proximate cause of Mr. Lew’s distress is the fact that many U.S. firms either are up and leaving the country entirely or are acquiring foreign competitors in order to reorganize themselves as companies legally domiciled in friendly tax jurisdictions.
Now we’re not talking about 3rd world countries here … just countries that are much friendlier to business and have a lower tax rate. For instance:
U.S. pharmaceutical firms in particular have been in a rush to acquire partners in order to escape punitive U.S. corporate taxes for the relatively hospitable climates of Ireland, the United Kingdom, and the Netherlands. Walgreen’s, a venerable firm that, like the lamentable political career of Barack Obama, has its origins in Chicago, is considering abandoning its hometown of 113 years for Switzerland. Eaton, a Cleveland-based manufacturer of electronic components, moved to Ireland. The list goes on.
Note that in spite of the would-be class warriors’ “race to the bottom” rhetoric, these firms are not moving to relatively low-wage countries such as China or India. Switzerland is not a Third World hellhole — especially if your immediate point of comparison is murderlicious Chicago, which endures more homicides in a typical July than gun-loving Switzerland sees in a typical year. The Netherlands is not Haiti, and Ireland is not Bangladesh.
Got an ironic chuckle out of his point about Chicago. Maybe some might consider they’re moving out of a 3rd world country if they’re Chicago (or Detroit) based.
Anyway, all of these places have one thing in common – lower taxes, less regulation and a friendlier business climate than exists in the US. What they face here is the reason they’re becoming “unpatriotic”. It is more than just taxes:
Mr. Lew is correct in his assertion that relative tax rates are a main driver in the desire of firms to relocate, though it is not the only driver — arbitrary and unpredictable regulation, a lousy tort environment, and unstable public finances surely play a role as well. The United States has the highest statutory corporate-income-tax rate in the developed world, and though effective rates are typically lower than the nominal rate, that is more of a bug than a feature: Our corporate-income-tax regime is riddled with handouts and political favoritism. Crony capitalism is not an inspiring condition for firms looking to make long-term investments.
The point of Democrats and their use of “economic patriotism”, of course, is to demonize and attempt to shame companies that seek relief from the business crippling effects of this government. If the company doesn’t stay to be bled dry by the Dems to finance their utopian and big government schemes, well, they’re just “unpatriotic”.
“Economic patriotism” and its kissing cousin, economic nationalism, are ideas with a fairly stinky history, having been a mainstay of fascist rhetoric during the heyday of Franklin D. Roosevelt’s favorite “admirable Italian gentleman.” My colleague Jonah Goldberg has labored mightily in the task of illustrating the similarities between old-school fascist thinking and modern progressive thinking on matters political and social, but it is on economic questions that contemporary Democrats and vintage fascists are remarkably alike. In fact, their approaches are for all intents and purposes identical: As most economic historians agree, neither the Italian fascists nor the German national-socialists nor any similar movement of great significance had anything that could be described as a coherent economic philosophy. The Italian fascists put forward a number of different and incompatible economic theories during their reign, and the Third Reich, under the influence of Adolf Hitler’s heroic conception of history, mostly subordinated economic questions as such to purportedly grander concerns involving destiny and other abstractions.
Which is to say, what the economic nationalism of Benito Mussolini most has in common with the prattling and blockheaded talk of “economic patriotism” coming out of the mealy mouths of 21st-century Democrats is the habit of subordinating everything to immediate political concerns. In this context, “patriotism” doesn’t mean doing what’s best for your country — it means doing what is best for the Obama administration and its congressional allies.“Economic patriotism” and its kissing cousin, economic nationalism, are ideas with a fairly stinky history, having been a mainstay of fascist rhetoric during the heyday of Franklin D. Roosevelt’s favorite “admirable Italian gentleman.” My colleague Jonah Goldberg has labored mightily in the task of illustrating the similarities between old-school fascist thinking and modern progressive thinking on matters political and social, but it is on economic questions that contemporary Democrats and vintage fascists are remarkably alike. In fact, their approaches are for all intents and purposes identical: As most economic historians agree, neither the Italian fascists nor the German national-socialists nor any similar movement of great significance had anything that could be described as a coherent economic philosophy. The Italian fascists put forward a number of different and incompatible economic theories during their reign, and the Third Reich, under the influence of Adolf Hitler’s heroic conception of history, mostly subordinated economic questions as such to purportedly grander concerns involving destiny and other abstractions.
Which is to say, what the economic nationalism of Benito Mussolini most has in common with the prattling and blockheaded talk of “economic patriotism” coming out of the mealy mouths of 21st-century Democrats is the habit of subordinating everything to immediate political concerns. In this context, “patriotism” doesn’t mean doing what’s best for your country — it means doing what is best for the Obama administration and its congressional allies.
Another adventure in short-term political gain trumping a coherent economic policy that is pro-growth, pro-jobs, etc. Nothing new in that, but I think the summary helps focus it’s purpose. And it has nothing to do with “patriotism” or “economics”.