Forget the Supreme Court ruling that may gut it, the program is failing all on its own as it is unable to keep or deliver on any of its promises. Include with that the financial disaster it has become and you have the perfect vehicle for defining “a failure”:
ObamaCare’s supporters would like everyone to believe that with Healthcare.gov now functioning, everything is just fine and dandy. Contrary to what the conservative press (which I guess would include me) has been saying about the many problems of ObamaCare, Vox‘s Ezra Klein declared last September that “in the real world, it’s working.” In February, his fellow Voxland inhabitant Sarah Kliff rattled off eight ways in which the law had proved its critics wrong.
But has it? Not really.
For starters, the exchanges have enrolled about 3 million fewer people than the Congressional Budget Office projected in 2010. And far fewer of the enrollees are from the ranks of the uninsured than hoped. Medicaid enrollment is lower too, for the simple reason that states refused to expand the program.
Ezra Klein hasn’t visited the “real world” in years (Dale and I asked him once if he’d visited a VA hospital after he waxed enthusiastic about how good the VA was. Of course, he hadn’t). And, as expected, the government’s predictions, which were used to justify Obamacare, were woefully wrong. No surprise to some of us.
The core of President Obama’s sales pitch to America was that the program, which he called the Affordable Care Act, would “bend the health care cost curve” and save an average family $2,500 on their premiums each year. How would it accomplish this feat? Essentially, he said, by forcing uninsured “free loaders” who show up in the emergency room to obtain free care to either buy (subsidized) coverage on the insurance exchange or sign up for the expanded Medicaid program. The point was that if they had coverage, they’d get cheaper care sooner in a doctor’s office rather than more expensive care later in a hospital emergency room.
Things don’t seem to be working out that way. ObamaCare is indeed bending the cost curve — but up, not down.
In fact ER visits are up under Obamacare, not down (another supposed justification for the law). As for rates? They continue to go through the roof:
Every year, companies selling coverage through ObamaCare’s exchanges have to ask state regulators to approve their premiums for the following year — a practice more appropriate for the Soviet Union than an allegedly free-market economy. And this year, according to several news reports, some are requesting increases of over 50 percent.
In New Mexico, market leader Health Care Service Corp. is asking for an average jump of 51.6 percent in premiums for 2016. The biggest insurer in Tennessee, BlueCross BlueShield of Tennessee, has requested an average 36.3 percent increase. In Maryland, market leader CareFirst BlueCross BlueShield wants to raise rates 30.4 percent across its products. Moda Health, the largest insurer on the Oregon health exchange, seeks an average boost of around 25 percent.
Some states are even higher.
The reason is called “economics”. It is a fairly simple concept to grasp. When you subsidize millions who don’t pay full price or any at all with the money those who do pay full price pay, the cost curve for those paying has nowhere to go but up. Surprise, that’s precisely what is happening, despite promises to the contrary (which we here knew were full of hot air when they were first uttered).
And there are more hikes on the horizon:
What’s more, these hikes are likely just a prelude to far bigger ones in future years. Why? Because two programs — risk corridor and reinsurance — that were meant to “stabilize” rates in ObamaCare’s first few years so that insurers could obtain the right mix of enrollees are set to expire next year. (The risk corridor program slaps a fee on insurance companies that have lower-than-expected medical losses, and compensates those that have more. The reinsurance program imposes a fee on insurance policies and funnels it to insurers with high-risk individuals.) With these programs gone, the challenge of maintaining a balanced risk pool will become even harder.
The expanded Medicaid program is no picture of robust health, either. It has produced no cost-saving decline in emergency room visits, nor has it contributed to hospital profitability, as was hoped.
What a freakin’ mess. So?
So, to recap: ObamaCare has fallen short of its enrollment target, hiked insurance premiums, failed to cut down on ER visits, and flopped in its attempt to improve hospitals’ bottom line.
But its real problem is the lawsuit? Maybe treatment for delusions is covered under ObamaCare!
Hey, like I said, some people think the VA system is the cat’s meow. There is no hope for them.
Again we are inundated with the usual and unusual via the internet. Let’s take a look at a few.
In a new interview, former Democrat President Jimmy Carter slammed America as a “racist” nation that refuses to let “old wounds” heal.
Carter spoke to the liberal AARP retirement group in an interview that was released late this week. At one point, Carter said that dreams of a color-blind society are still unrealized in the U.S.
“The recent publicity about mistreatment of black people in the judicial and police realm has been a reminder that the dreams of the civil rights movement have not been realized,” Carter said.
Carter continued insisting that “Americans still have racist tendencies or feelings of superiority to people of color.”
Unless he’s speaking for himself, he damn sure isn’t speaking for me. I’m not sure where he gets off with trying to tag all Americans with “racist tendencies” or “feelings of superiority to people of color”. And one must remember the party he’s affiliated with and it’s history in the region of the country from which he hails
Would someone inform this idiot that her 15 minutes of fame are over?
Emma Sulkowicz, the Columbia graduate famous across the country as “Mattress Girl” after she hauled a mattress around campus for a year to protest the school’s handling of her alleged rape, has apparently released a sex tape recreating her alleged rape.
Like the Rolling Stone “rape” story out of UVa, she is a fraud. Now Sulkowicz inflicts this nasty little piece of work on the internet? Shuffle off to … wherever, lady. You’ve overstayed your welcome and our tolerance.
Lord they must think we’re dumb (“Wizard’s first rule). NOAA has suddenly discovered “adjustments” in temperature data that conveniently wipes out the 15 year hiatus on warming:
To increase the rate in warming, NOAA scientists put more weight on certain ocean buoy arrays, adjusted ship-based temperature readings upward, and slightly raised land-based temperatures as well. Scientists said adjusted ship-based temperature data “had the largest impact on trends for the 2000-2014 time period, accounting for 0.030°C of the 0.064°C trend difference.” They added that the “buoy offset correction contributed 0.014°C… to the difference, and the additional weight given to the buoys because of their greater accuracy contributed 0.012°C.”
This, my friends, is not science. This is adjusting the data to get the result one wants. And we all know what that is.
The federal government is notifying up to 4 million current and former employees that their personal financial data may have been breached by a hack attack from China, the Obama administration said Thursday.
Credit card data, banking records, and other forms of financial information could have been stolen in the attack, affecting people across the spectrum of the federal government, officials said.
Two U.S. officials, speaking on condition of anonymity because it is an ongoing investigation, said hackers working with China are the main suspects.
Hey, I know, let’s trust them with our medical records, shall we?
New testimony reveals that the Internal Revenue Service (IRS) used “hundreds of attorneys” to hide critical information from Congress’s investigation of the IRS targeting of conservatives.
According to new congressional bombshell testimony today, the IRS set up a previously unknown “special project team” comprised of “hundreds of attorneys,” including the IRS Chief Counsel (one of only two politically appointed positions at the IRS).
The “special project” this team was given? Concealing information from Congress.
The IRS’s director of privacy, governmental liaison, and disclosure division, Mary Howard, testified that soon after the IRS targeting scandal was revealed, the IRS “amassed hundreds of attorneys to go through the documents [requested by Congress] and redact them.”
Our government is becoming more and more of a criminal conspiracy daily.
Why are so many poor people obese? Well, as the SJWs would like you to believe its because of “food deserts”. That is they don’t have access to nutritious food, but are stuck with fast food, etc. A new study says “not so fast”:
The paper — “What Drives Nutritional Disparities? Retail Access and Food Purchases Across the Socioeconomic Spectrum,” by economists Jessie Handbury, Ilya Rahkovsky and Molly Schnell — found that “systematic socioeconomic disparities in household purchases persist after controlling for access.”
Translation: Even when healthful food choices are available, low-income consumers don’t always take them.
As a result, the authors suggest, local policies intended to punish fast-food purveyors, liquor stores, quickie markets and other sellers of high-calorie, low-nutrition food might not be the best way to go.
One thing that can make a difference is education. Low-income households with higher education levels, the authors say, “purchase more healthful foods.” Those with low income and low education “respond very little” to having healthful foods available.
Of course this won’t deter SJWs from trying to limit choice even more, will it. After all, they always know best how you should live your lives.
Finally a little piece on “Progressives: The target is never what it seems” which hits on some points we’ve talked about here many times.
I have written (here and here) how progressives are masters are distorting words and redefining them so that they no longer are even close to their original meanings. “Liberal” and “gay,” of course, are probably the most such distorted words. Words are the ammunition of discussion and debate, and if one side is allowed to select the ammunition, well, the ensuing discussions and debates are to be expectedly one-sided.
When you’re allowed to redefine words within the narrative, you own the narrative. And when you own the narrative and you’re a progressive, you end up driving the cultural bus off a cliff.
There’s a lot going on but not much that needs a long and laborious explanation or rant.
The Clinton Foundation and our former Secretary of State are really starting to stink it up. And my guess is there’s a lot more to come. Years ago Terry Goodkind wrote a book called “Wizard’s first rule”. The Clinton’s operate by that rule. The rule? “People are stupid”. And there’s a Clinton corollary – “so is the media”. They’ve operated off of that rule and corollary for decades. They don’t see any reason to stop now.
The administration is claiming it has killed 10,000 ISIS members since it began its campaign of airstrikes. Most people in the know doubt that number is anywhere near the truth and that, in fact, it’s much, much lower. Here’s why:
Three out of every four times that Obama dispatches American warplanes over Iraq, they return to base without dropping any bombs or firing any missiles.
“Seventy-five percent of the sorties that we’re currently running with our attack aircraft come back without dropping bombs, mostly because they cannot acquire the target or properly identify the target,” said U.S. Army General (ret) Jack Keane in testimony before the U.S. Senate last week.
That’s why White House and Pentagon briefers usually talk about the number of sorties, not the number of air strikes. The number of missions flown is four times larger than the number of bombing runs.
There’s a simple fix, but it is politically unpalatable to the “lead from behind” crowd:
Gen. Keane offered a straightforward solution. “Forward air controllers fix that problem,” he said.
You know, “boots on the ground?” Doing what they’re doing is sort of like firing artillery without forward observers. Yeah, you’re likely to hit something every now and then, but is it really effective? Uh, no.
Apparently ISIS acted as our own forward air controllers:
“Defense Tech reports that at a Air Force Association breakfast meeting in Washington DC on Monday, General Hawk Carlisle, the head of Air Combat Command, shared a story of how a careless social media post directly led to an airstrike against ISIS.”
While that is all well and good and wonderful, my question is why we have a General out there sharing this intel?
“The guys that were working down out of Hurlburt, they’re combing through social media and they see some moron standing at this command. And in some social media, open forum, bragging about the command and control capabilities for Daesh, ISIL,” Carlisle said.
“And these guys go: ‘We got an in.’ So they do some work, long story short, about 22 hours later through that very building, three [Joint Direct Attack Munitions] take that entire building out.”
He was careful not to share sensitive details about the location of the building and airstrike, but he noted how ISIS’ enthusiasm of social media was turned against them in this case.
“It was a post on social media to bombs on target in less than 24 hours,” he said. “Incredible work when you think about [it].”
He shared a timeframe for a mission to be put together and why they were successful. Who is the real “moron” here? Before ISIS may have been guessing why they were hit. Now they know.
This is going to disappoint the enviro-whacko crowd:
A decade into an energy boom led by hydraulic fracturing, the Environmental Protection Agency has concluded there is no evidence the practice has had a “widespread, systemic impact on drinking water.”
The report is the federal government’s most comprehensive examination of the issue of fracking and drinking water, and it bolsters the position staked out by the energy industry.
Yeah, fracking has only been around 66 years and been used on a million wells. One might think that if there were a drinking water problem it would have been discovered before now.
That won’t stop the narrative however. “Science” is only useful when it backs that narrative. When it doesn’t, it’s just to be ignored. See “climate change”.
Another liberal professor speaks out about the SJW “crisis” on campus:
The current student-teacher dynamic has been shaped by a large confluence of factors, and perhaps the most important of these is the manner in which cultural studies and social justice writers have comported themselves in popular media. I have a great deal of respect for both of these fields, but their manifestations online, their desire to democratize complex fields of study by making them as digestible as a TGIF sitcom, has led to adoption of a totalizing, simplistic, unworkable, and ultimately stifling conception of social justice. The simplicity and absolutism of this conception has combined with the precarity of academic jobs to create higher ed’s current climate of fear, a heavily policed discourse of semantic sensitivity in which safety and comfort have become the ends and the means of the college experience.
Hey, you created it. You get to live with it. Either that or you grow a pair and take academia back.
Finally, in the “out of control government” category, we have this little jewel:
IRS lawyers have ruled that once illegal immigrants get numbers, they can go back and re-file for up to three previous years’ taxes and claim refunds even for time they were working illegally.
The lawyers said since the EITC is a refundable credit, that’s allowed even when the illegal immigrants worked off-the-books and never paid taxes in the first place.
Now, these are “laws” the Obama administration is more than happy to follow. Pay up, sucker.
Apparently the Orange County school district (Florida/Orlando) has plans to monitor students’ social media messages in an effort to curb cyberbullying, crime on campus and suicide. Because, you know, that’s what they’re there for:
Orange County Public Schools announced Thursday that it has acquired software to monitor social media “to proactively prevent, intervene and (watch) situations that may impact students and staff.” The district has obtained an annual license with SnapTrends, software that monitors Twitter, Facebook, YouTube and Instagram.
The district said it plans to use the software to conduct routine monitoring for the purposes of prevention or early intervention of potential issues in which students or staff could be at risk to themselves or to others.
OCPS said the company will assist district law enforcement and security personnel in monitoring publicly available social media communications that are relevant to school operations and personnel.
“This is a tool that gives the district intelligence into a situation that could possibly prevent something more serious from happening,” Orange County Public Schools Senior Director of Safety and Security Doug Tripp said.
“Safety in and around school campuses is the top priority for Orange County school leaders,” OCPS said in a news release. “Recognizing social media is a major communication system, the district has acquired social media monitoring software.”
School officials acknowledge the online snooping might raise privacy questions. But board member Linda Kobert said the district is taking advantage of “new tools to protect our children.”
Might raise some privacy questions? Well, social media are indeed made up of public postings. But let me ask you a more important question? Is this a role for a school district? Or is this another example of a creeping bureaucratic mission? And what will the school district do with any information it gleans from its “monitoring?”
Note again, that we have a public official putting “safety” over supposed privacy concerns. Oh, and btw, do you suppose that potential or real cyber-bullies don’t know how to set up fake accounts? And is this a good use of school funds with the literacy problems most public school districts face? The questions are endless.
Some people feel they have to take everything to an extreme. Why, I’m not sure. And I’m also pretty sure I think this particular extreme is both unnecessary and provocative. If there’s trouble, will it rise to the level of “incitement”?
Jon Ritzheimer is a former Marine, and he has no middle ground when it comes to Islam.
A T-shirt he wears pretty much says it all: “F— Islam.”
Ritzheimer is the organizer of Friday’s “Freedom of Speech Rally” outside the Islamic Community Center in Phoenix.
It’s the mosque that Elton Simpson and Nadir Soofiattended for a time. They’re the men who drove from Arizona to a Dallas suburb to shoot up a Prophet Mohammed cartoon contest there. Both were killed by police early this month.
Many Muslims consider any depiction of Mohammed to be blasphemous and banned by the Islamic holy book, the Quran.
“This is in response to the recent attack in Texas where 2 armed terrorist(s), with ties to ISIS, attempted Jihad,” the event’s Facebook page said.
Some 600 people say they’re attending.
It is one thing to hold an event in another part of the state and end up being attacked by people/terrorists who chose to travel there and do so. It is another thing to go to a group’s home and intentionally antagonize and invite an attack by showing up uninvited and attempting to provoke a response.
Other reports have said the group will be heavily armed, quoting Ritzheimer as saying they are going to exercise their First Amendment rights and back them with their Second Amendment rights.
I support both rights, but I think this is foolish, stupid and deliberately antagonistic as well as being unnecessary. The point has been made. It will continue to be made. But this is not the right way to make it again.
Nice economic growth we had in the first quarter, no? Apparently adjustments have seen the reported GDP numbers fall from 0.2 growth to a 0.7 contraction. Economists want to argue that its just the way the government computes this stuff:
Economists, however, caution against reading too much into the slump in output. They argue the GDP figure for the first quarter was held down by a confluence of temporary factors, including a problem with the model the government uses to smooth the data for seasonal fluctuations.
Economists, including those at the San Francisco Federal Reserve Bank, have cast doubts on the accuracy of GDP estimates for the first quarter, which have tended to show weakness over the last several years.
They argued the so-called seasonal adjustment is not fully stripping out seasonal patterns, leaving “residual” seasonality. The government said last week it was aware of the potential problem and was working to minimize it.
I’m sorry, boys and girls, since when is 0.2 growth in any quarter “good news”. Its sort of like the unemployment figures. Mostly fudged. And apparently that’s precisely what the government will now attempt to do to show better numbers. These bad numbers just don’t help the government tell you how well it’s doing, do they? What’s this, our 6th or 7th “summer of recovery?”
Excellent Kevin D. Williamson article about the old and discredited ideas of Bernie Sanders, which he ends with a caution that we should all understand by now:
Senator Sanders may insist on living in the dark ages, and his view is not without its partisans. But those views are crude, they are backward, and they are, objectively speaking, incorrect about the way the economic world works. They are barely a step above superstition, and they merit consideration for only one reason: “Voters — all they gotta be is eighteen.”
And if they’re illegal, the Democrats say, “meh”.
Meanwhile in liberal bastions, things are just going swimmingly. Detroit:
No getting around it: Filling up your gas tank at certain stations in Detroit can be hazardous to your health.
Police Chief James Craig said at a Tuesday media conference that he’d avoid getting gas late at night in the city unless he had to, and he urged residents to be careful at the pump, according to Tom Greenwood of The Detroit News.
“I wouldn’t, but if I had to, I would,” Craig said. “But I’d probably be very aware of my surroundings.”
Craig’s commented after a driver was killed early Monday evening while trying to flee a carjacking attempt at an east-side gas station.
A wasteland run by Democrats for decades.
Baltimore was seeing a slight rise in homicides this year even before Gray’s death April 19. But the 38 homicides so far in May is a major spike, after 22 in April, 15 in March, 13 in February and 23 in January.
With one weekend still to go, May 2015 is already the deadliest month in 15 years, surpassing the November 1999 total of 36.
Ten of May’s homicides happened in the Western District, which has had as many homicides in the first five months of this year as it did all of last year.
Non-fatal shootings are spiking as well – 91 so far in May, 58 of them in the Western District.
The mayor said her office is “examining” the relationship between the homicide spike and the dwindling arrest rate.
I’m sure they are “examining” it – and they’ll likely conclude its a matter of racism at some level. While she is “examining” the relationship, she should ponder the statistic that says child victims of shootings are up 500% this year. Well done!
While overall crime is down almost seven percent, shootings are up 7.1 percent so far this year. Murders are up 15.3 percent. Even with the increase, it’s a much lower number than the 1980s and 1990s.
The mayor blames it on gangs. Why have gangs again become a problem?
Of course each of these cities can look to the midwest and say, “hey, at least we’re not Chicago.”
From Reason, a Nick Gillespie quote that perfectly sums up the precious snowflake/SJW phenomenon in colleges:
But really, what the f*ck is wrong with kids these days and, more important, the supposed adults who look after them? They act as if they are raising human veal that cannot even stand on their own legs or face the sunlight without having their eyeballs burned out and their hearts broken by a single deep breath or uncomfortable moment. I’m just waiting for stories of college deans carrying students from class to class on their backs.
“Human veal”. A perfect metaphor. Calling PETA … lol.
A well known and respected scientist resigns from the American Physical Society? Why?
It is of course, the global warming scam, with the (literally) trillions of dollars driving it, that has corrupted so many scientists, and has carried APS before it like a rogue wave. It is the greatest and most successful pseudoscientific fraud I have seen in my long life as a physicist. Anyone who has the faintest doubt that this is so should force himself to read the ClimateGate documents, which lay it bare. (Montford’s book organizes the facts very well.) I don’t believe that any real physicist, nay scientist, can read that stuff without revulsion. I would almost make that revulsion a definition of the word scientist.
Read the whole thing. His point, of course, is that any scientist with a shred of integrity who has examined the “evidence” presented should be doing precisely what he is doing – shaming those perpetrating the fraud and refusing to be associated with them.
Billy Bob in his usual role as Denier-in-Chief:
“No one has ever tried to influence me by helping you,” the former president added while channeling his wife. “There is no doubt in my mind that we have never done anything knowingly inappropriate in terms of taking money to influence any kind of American government policy. That just hasn’t happened.”
There was no doubt in his mind he hadn’t had sex with that woman too! If his lips are moving he’s … yeah, he is. And his wife is no better.
Nothing to see here citizen … keep moving, keep moving.
Guy Benson lays it out:
“A free-thinking, free citizen of a free country is not obliged to be confined to a bedazzled ideological straitjacket because that’s how they ‘ought’ to think and ‘ought’ to vote and ‘ought’ to rank their priorities,” he said. “It’s not true, it shouldn’t be true, and I think part of liberty and tolerance and coexistence is understanding that, ‘Hey, I might have something in common with this person over here, and they have every right under the sun to disagree with me on this whole panoply of public policy questions over here.’ And if their views on those things lead them to another conclusion about how they exercise their right to vote, to jump to the conclusion that that is borne of some secret, deep-seated, self-loathing is just lazy and boring.
Bingo. And given what we see today, we’re hardly “A free-thinking, free citizen of a free country”.
The monkey and weasel are disgusted.
Baltimore Mayor Stephanie Rawlings-Blake is denying it, but a senior law enforcement source has told Fox Newsthat she gave an order for police to stand down as riots broke out Monday night.
“The source, who is involved in the enforcement efforts, confirmed to Fox News there was a direct order from the mayor to her police chief Monday night, effectively tying the hands of officers as they were pelted with rocks and bottles.
Asked directly if the mayor was the one who gave that order, the source said: “You are G*d damn right it was.””
Happy, happy … just let ’em do a little looting and trashing and all will be well. Oh, and let’s redefine a few things shall we?
The mayor, in an interview with Fox News’ Bill Hemmer on Tuesday, denied any order was issued to hold back on Monday.
“You have to understand, it is not holding back. It is responding appropriately,” she said, saying there was no stand-down directive.
Responding appropriately? I wonder how “appropriately” she’d have responded had it been, say, her house or business they were looting and trashing. Absolutely no respect for private property. None. And nonsense excuse making to boot.
Yes, the dirty little secret that no one wants to admit is that Baltimore, and so many other urban areas and inner city communities in America are a reflection of the abject failure of liberal progressive socialist policies as advanced by the Democrat party.
The preeminent question is whether or not those in Baltimore and other places will recognize who is truly responsible for their plight. Or will they continue to be manipulated and propagandized by the liberal progressive media and the poverty pimps like the one supposedly heading down from New York City.
Most of us can answer that question – “they continue to be manipulated and propagandized by the liberal progressive media and the poverty pimps like the one supposedly heading down from New York City.” Oh, and the Republicans. Just watch 2016. The “plantation” has a huge hold.
Apparently Ben Affleck is mortified by his ancestors:
This brings the total number of Affleck’s known slaveholding ancestors to 14, and the number of slaves either owned or “held” as a trustee or on behalf of an estate by these ancestors to 242.
It seems that this was discovered while doing a PBS program and Affleck asked they be, uh, unmentioned. You see, he is ashamed of them.
Okay, I can understand that … however, why hide it? Why not say, hey they were wrong, what they did was wrong and I certainly don’t support what they did. Seems to me that would be much more powerful than trying to hide the past. And, to quote Hillary Clinton – “what difference does it make”?!
Oh, liberal credentials of course. And white guilt. Dude has to hand in the credentials and burn with white guilt. Pity.
Anyone wonder what Ben would have done if he’d been born during that era to one of his slaveholding ancestors? Yeah, I think Ben wonders that as well. Heh.
If you need another example of “crony capitalism” (and I put that in quotes because this is no more capitalism than lead is gold), it is playing out with the FDA and a couple of Senators … oh, and their corporate cronies:
People who are trying to do good for their families and the planet by living a simple life based on traditional skills are facing yet another assault. Artisanal soap makers say new regulations, proposed by Senator Dianne Feinstein (D-California) and Senator Susan Collins (R-Maine), will put them out of business. Many soap makers are rural “kitchen table” operations that rely on the income to fund their simple living lifestyle. Some use milk from goats they raise and ingredients they harvest from the land.
The form includes a statement on behalf of handmade body care product makers that says, in part: “My products comply with FDA labeling requirements and the ingredients are commonly known (i.e, olive oil, oatmeal, sugar, coconut oil, etc). My best customers are in my community. I cannot afford the user fees proposed in S. 1014. Further, my business has no capacity to do the reporting requirements for each product batch (10-50 units) as it could be several hundred FDA filings per month.” Those who sell online will also be affected.*
The view of Sen. Feinstein and her corporate backers (listed below) is that the Personal Care Products Safety Act (Senate Bill S.1014) will make the world a safer place by scrutinizing “everything from shampoo and hair dye to deodorant and lotion.” She introduced the amendment to the Committee on Health, Education, Labor, and Pensions, because of troubling negative health effects from chemicals used in personal care products. She says the Federal Food, Drug, and Cosmetic Act should be more progressive like laws in Europe rather than antiquated US regulations in effect since the 1930s.
Yes, friends, having solved all the important problems of the world, our Senatorial nannies are going to back their corporate sponsors and attempt to regulate out of business this incredible threat to the American public. And who are their Corporate sponsors?
Companies and brands that support the bill:Johnson & Johnson, brands include Neutrogena, Aveeno, Clean & Clear, Lubriderm, Johnson’s baby products.Procter & Gamble, including Pantene, Head & Shoulders, Clairol, Herbal Essences, Secret, Dolce & Gabbana, Gucci, Ivory, CoverGirl, Olay, Sebastian Professional, Vidal Sassoon.Revlon, brands include Revlon, Almay, MitchumEsteee Lauder, brands include Esteee Lauder, Clinique, Origins, Tommy Hilfiger, MAC, La Mer, Bobbi Brown, Donna Karan, Aveda, Michael Kors.Unilever, brands include Dove, Tresemme, Lever, St. Ives, Noxzema, Nexxus, Pond’s, Suave, Sunsilk, Vaseline, Degree.L’Oreeal, brands include L’Oreeal Paris, Lancome, Giorgio Armani, Yves Saint Laurent, Kiehl’s, Essie, Garnier, Maybelline-New York, Vichy, La Roche-Posay, The Body Shop, Redken.
Feinstein says her proposal is a “streamlined national system of oversight” and it won’t cost the taxpayer anything because it’s funded by industry user fees (until they pass the extra cost to the consumer, that is). Big multinational soap makers may be able to manage the increased fees and paperwork called for by Senate Bill S.1014 but the the Handmade Cosmetic Alliance says they will cripple their cottage industries. They tried to explain this to Feinstein without success.
Reading over at PJ Media I ran across this by Robert Wargas:
As Baltimore burned, the rest of us tweeted.
The riots followed a weekend in which GoFundMe shut down a fundraising page for a Christian-owned bakery that was hit with a huge fine for refusing to serve a gay wedding. GoFundMe has said its policy precludes raising money “in defense of formal charges of heinous crimes, including violent, hateful, or sexual acts.” The key word here is “hateful”: if you can expand or contract that word at will—which many people in this country can and do—you can accomplish anything.
Every week this country is consumed in a new distended orgy of polarized, mutual hatred, set against the backdrop of outrage mobs, race riots, shuttered businesses, scandals, Twitter-induced career ruination, gleeful smear parties, and partisan hackery.
Admit it: You’ve asked yourself where America is going, and how long it can survive the trip. Admit it.
I admit it. In fact, we’ve been talking about it for years here. The fact that it is accelerating comes as no real surprise here. Nor does it come as a surprise that we have the “leadership”, or lack thereof, in Washington DC from which we currently suffer.
In fact, Wargas points out something that Ace at Ace of Spades was wondering the other day:
[T]he New Normal has prompted Ace of Spades to ask: “Is it time to formally separate America into two or more sovereign nations?”
“No one actually seems happy in this national marriage,” writes Ace. That is sadly true.
Indeed it is. And it seems, at least to the side that loves liberty, that the anti-liberty faction in winning.
Of course, our own Dale Franks has been suggesting this may happen for years. It sort of puts you in the same shoes as generations of Christians who’ve looked at what was happening all around them and asked “are we in the “end times” as foretold in the Bible?”
Are we at the edge of seeing this 200 plus year experiment go careening off a cliff?
Who knows? In my experience, something like this has to get a lot worse than it is for that to happen. And we have to remember that we’re bombarded daily with, well, what bleeds leads.
Certainly though, bombardment or not, it is clear that we’re not “doing better” as a country in just about any category you can point too.
The question is, as in our last civil war, are there irreconcilable differences? There certainly were then and it appears there are now. How does one paper over such differences when neither side seems willing to give?
I’m not so sure “getting better” is possible anymore, or at least not possible before some major rupture once again makes it possible. I hope I’m wrong. I hope I look back at this post in 2020 and laugh at myself. But who honestly thinks they’ll be laughing in 2020?
I’m not so sure either. However, here’s a little bit of a test to see if there’s even a chance. From Elizabeth Price Foley over at Insty’s:
LORETTA LYNCH’S FIRST TEST: She’s sending two DOJ officials to Baltimore to meet with community leaders. That’s good. But the real question is: What will they do and say, once they arrive? Will they mimic Erick Holder’s DOJ, and prioritize lectures about white privilege and racism? Or will they provide a voice of calm and reason, and unequivocally condemn the random violence?
Lynch has a chance to break with the embarrassingly biased Holder past and start rebuilding trust in DOJ as a department interested in actual justice (for all). Will she take it?
A couple of charts to keep in mind as the political season gets into second gear:
The top one, of course, shows who does and who doesn’t pay the bulk of the taxes. The “who does” is the top 1%. So we have Ms. 1% promising to go after the “rich” as one of the promises of her campaign. That after saying the Clinton Foundation plans to continue to take donations from foreign countries and that her campaign will indeed continue to accept corporate donations. I mean, she’s gotten away with the email scam so why not this too? Accountability – ha! They’re Clintons and accountability is for the “little people”.
The second shows the basic problem we suffer – our government spends more than it takes in. Seems to me that should be a pretty easy problem to solve. But obviously it’s not.
Alternate solution? Well Jeb Bush thinks its a great idea to raise the Social Security retirement age, because, you know, they haven’t screwed retirees enough when it comes to Social Security, so lets see if we can out wait them. He’s not alone. Chris Christie thinks 69 is about right.
Talk of real reform and cutting spending, all redundant programs, the size of the bureaucracy and unneeded departments? Yeah, these are big government guys no matter what lie they tell you. Much easier to kick the SS can down the road by raising the retirement age and having a good portion of those who paid into it for 40 to 50 years die before they receive a penny. Voila – savings! Thank you “suckers”.
Here’s what the Social Justice Warriors don’t understand. Discrimination is a part of individual freedom. And with that freedom to discriminate come consequences. It is like the right to free speech – you get to say what you want (other than incitement) and you get to pay the social and cultural consequences for doing so. What others don’t get to do, however, is force you to adopt their values and therefore coerce you to conform. That’s totalitarianism, not freedom.
Why force someone who disapproves of your actions to bake you a cake? Lots of other bakers would love the business. This debate has moved from inclusion to demanding that everyone adopt your values.
In a free country, bigots should have the right to be bigots. Americans should also have freedom of association.
American lawyers talk about special protection for religious freedom, and in the Hobby Lobby case the Supreme Court said you could escape onerous parts of Obamacare by paying lawyers a fortune and convincing judges that you are a closely-held corporation with religious objections. But why must you be religious to practice what you believe? This should be about individual freedom.
Of course, government must not discriminate. The worst of American racism and homophobia—slavery, segregation enforced by Jim Crow laws, bans on interracial marriage, anti-sodomy laws, etc.—was government-enforced discrimination. That was wrong, and it was right for the federal government to intervene.
But private actions are different. If I start a business with my own money, I ought to be allowed to serve only libertarians, people who wear blue shirts, whatever. It’s my business!
My customers have choices. If I am racist or anti-gay, the free market will punish me. Enough people would boycott my business that I would probably lose money quickly.
Many important points.
“In a free country, bigots have the right to be bigots.” And they’ll pay the consequences of being bigots. How? See Stossel’s last paragraph. If an owner of a business is stupid enough to exclude a portion of his customer base out of plain bigotry (“no Irish allowed”) there are likely going to be enough of his “acceptable” customers offended by him that they’ll take their business elsewhere. The consequences of his bigotry will be a loss of business, loss of profit and likely a loss of social prestige. That’s how it works in a free country.
Also in a free country, what everyone should demand is “government must not discriminate …“. The onus of non-discrimination shouldn’t be on the individual forced by government, but on government as forced by the citizens of the land.
How these got flipped is a testament to the perseverance of those who would control your life (under the false guise of freedom) and the neglect of those who thought individual freedom would last forever. Just as free speech can sometimes be ugly, so can discrimination. Social and cultural change usually take care of those who are “ugly” by making them suffer the consequences of their ugliness. We’ve seen that proven any number of times.
What we’re now seeing is a back lash against the SJWs who would use the force of government to make the unwilling comply with their values.
We simply don’t need that if we’re willing to be patient:
Even in the difficult days of Reconstruction, after the Civil War, business began to bring together whites and blacks who might not always have liked each other but who wanted the best deals. It took several years for racists to get Jim Crow passed so they could put a stop to that erosion of the old racist ways. Government helped keep racism going for several more decades.
That last sentence is the key. Jim Crow laws were a product of government! What the civil rights laws did was essentially repeal government mandated discrimination. What we don’t need is a new series of laws that mandate behavior as they did then, even if the new laws are formed with teh best of intentions, they still require the force of government to enforce. And they’ll not be enforced fairly and, as they usually do, will be used to to absurd things to people.
Elizabeth Taylor married nine times. Had she married again, should the EEOC have ordered her to marry someone from an ethnic minority?
A homophobic baker shouldn’t stop a same-sex couple from getting married. Likewise, a gay couple shouldn’t force a baker to make them a wedding cake. No one should ever force anyone to bake them a cake.
Exactly. Here’s the bottom line:
Individuals should be allowed to discriminate. I discriminate all the time. I favor people over others when I choose my friends, jobs, hobbies, clubs, religion, etc. So do you.
Correct. And in a free country that is your inherent right, consequences included.
If you’re talking “regulatory law” it may very well be … or so Insty argues in his USA Today column:
Ignorance of the law, we are often told, is no excuse. “Every man is presumed to know the law,” says a long-established legal aphorism. And if you are charged with a crime, you would be well advised to rely on some other defense than “I had no idea that was illegal.”
But not everybody favors this state of affairs. While a century or two ago nearly all crime was traditional common-law crime — rape, murder, theft and other things that pretty much everyone should know are bad — nowadays we face all sorts of “regulatory crimes” in which intuitions of right and wrong play no role, but for which the penalties are high.
If you walk down the sidewalk, pick up a pretty feather, and take it home, you could be a felon — if it happens to be a bald eagle feather. Bald eagles are plentiful now, and were taken off the endangered species list years ago, but the federal law making possession of them a crime for most people is still on the books, and federal agents are even infiltrating some Native-American powwows in order to find and arrest people. (And feathers from lesser-known birds, like the red-tailed hawk are also covered). Other examples abound, from getting lost in a storm and snowmobiling on the wrong bit of federal land, to diverting storm sewer water around a building.
Laws are proliferating like fleas and those are the ones that are actually passed by legislatures. Regulatory law, on the other hand, is law created
“Regulatory crimes” of this sort are incredibly numerous and a category that is growing quickly. They are the ones likely to trap unwary individuals into being felons without knowing it. That is why Michael Cottone, in a just-published Tennessee Law Review article, suggests that maybe the old presumption that individuals know the law is outdated, unfair and maybe even unconstitutional. “Tellingly,” he writes, “no exact count of the number of federal statutes that impose criminal sanctions has ever been given, but estimates from the last 15 years range from 3,600 to approximately 4,500.” Meanwhile, according to recent congressional testimony, the number of federal regulations (enacted by administrative agencies under loose authority from Congress) carrying criminal penalties may be as many as 300,000.
And it gets worse. While the old-fashioned common law crimes typically required a culpable mental state — you had to realize you were doing something wrong — the regulatory crimes generally don’t require any knowledge that you’re breaking the law. This seems quite unfair. As Cottone asks, “How can people be expected to know all the laws governing their conduct when no one even knows exactly how many criminal laws exist?”
Or bothers to acquaint the public with these laws and their penalties?
Most of these laws, as Reynolds points out, are “(enacted by administrative agencies under loose authority from Congress) carrying criminal penalties” that even Congress dosen’t know about. Imagine a body of law and penalties that are simply made up by regulatory agencies numbering 300,000. That’s absurd!
Don’t expect to be saved by “prosecutorial discretion” if someone in government is out to get you either.
Of course, we may hope that prosecutorial discretion will save us: Just explain to the nice prosecutor that we meant no harm, and violated the law by accident, and he or she will drop the charges and tell us to be more careful next time. And sometimes things work that way. But other times, the prosecutors are out to get you for your politics, your ethnicity, or just in order to fulfill a quota, in which case you will hear that the law is the law, and that ignorance is no excuse. (Amusingly, government officials who break the law do get to plead ignorance and good intentions, under the doctrine of good faith “qualified immunity.” Just not us proles.)
It’s “us proles” who need to be worried about this. We’re the ones who will feel the full weight of these laws when they’re enforced. We aren’t politically important enough for prosecutorial discretion to be exercised. And that’s the way it always is.
This is the absurdity of our government (or any government) fundamentally ignoring the fairly strict guidelines of the Constitution and changing its mission from one of the protection of rights (and the few laws that requires) to that of governing our every move for the “common good” (as defined by … itself).