Monday, December 13, 2010

Federal Judge to Rule on Health Law's Constitutionality (Updated)

Wall Street Journal  "The Virginia challenge is led by that state's attorney general, Republican Ken Cuccinelli. Separately, U.S. District Judge Roger Vinson in Pensacola, Fla., on Thursday will hear arguments in a challenge brought by officials in 20 states. He could offer the clearest indication yet of how he will rule."

U.S. Health-Care Law Requirement Thrown Out by Judge (Update3)  "“At its core, this dispute is not simply about regulating the business of insurance -- or crafting a scheme of universal health insurance coverage -- it’s about an individual’s right to choose to participate,” wrote Hudson, who was appointed by President George W. Bush in 2002."

 U.S. District Court Judge Henry E. Hudson found that Congress could not order individuals to buy health insurance. ""I am gratified we prevailed," Cuccinelli said in a statement. "This won't be the final round, as this will ultimately be decided by the Supreme Court, but today is a critical milestone in the protection of the Constitution."
"Federal officials responded that they are confident the statute will ultimately be upheld."

And this from Legal Insurrection:  "A Judge in Virginia has held the health care mandate to be unconstitutional. The decision is here and embedded below.
"The Judge rejected the position of the government that the mandate was an exercise of taxing power:"
It is clear from the text of Section 1501 that the underlying regulatory scheme was conceived as an exercise of Commerce Clause powers. This is supported by specific factual findings purporting to demonstrate the effect of the health care scheme on interstate commerce. In order for the noncompliance penalty component to survive constitutional challenge, it must serve to effectuate a valid exercise of an enumerated power-here the Commerce Clause. [at p. 36]

Sunday, December 12, 2010

Britain’s Present Will Be Our Future Unless We Wise Up Now!

Skip MacLure  "Watching the total anarchy playing out in London’s streets… An out-of-control, mindless mob of social welfare government-created clones, clamoring for more and more from a government which has no more to give. Which has had no more to give for a long time. We are witnessing the collapse of the classic nanny state."

Poll: What was the Obamateurism of the Week?

Hot Air  " Time to choose the Obamateurism of the Week, and our motto here is to make sure you get a chance to choose one of the five.  Er, six.  There would have been only five, but you hostage-takers out there would have insisted on adding yesterday’s into the mix.  I would have fought to limit it to five, but you know I have a Christmas party to attend and my wife would get annoyed at me defending myself … so I’ll just let you guys vote on your own."

WikiLeaks Harms Global Security

Big Peace  "WikiLeaks’ assertion that absolute transparency will make citizens safer and governments more accountable is incorrect; its interventions will increase official secrecy and threaten security. Damaging as WikiLeaks is to Obama’s diplomatic strategy and US bilateral relations, its most negative impact will be on global anti-terror efforts and diplomacy aimed at reducing friction between major powers (such as Washington and Beijing)."
As I say: anti-war people cause the deaths of multitudes.

Without Intent: How Congress Is Eroding the Criminal Intent Requirement in Federal Law

Overcriminalized.com "“Overcriminalization” describes the trend in America – and particularly in Congress – to use the criminal law to “solve” every problem, punish every mistake (instead of making proper use of civil penalties), and coerce Americans into conforming their behavior to satisfy social engineering objectives. Criminal law is supposed to be used to redress only that conduct which society thinks deserving of the greatest punishment and moral sanction.
"But as a result of rampant overcriminalization, trivial conduct is now often punished as a crime."
Read more:  

Book: One Nation Under Arrest: How Crazy Laws, Rogue Prosecutors, and Activist Judges Threaten Your Liberty  "America is in the throes of overcriminalization: We are making and enforcing far too many criminal laws that create traps for the innocent but unwary and threaten to make criminals out of those who are doing their best to be respectable, law-abiding citizens."
Amazon.com
No, the TW isn't shilling for Amazon; this is just to let you know there is a book on the subject.

Saturday, December 11, 2010

Modern Stupidity

Bruce S. Thornton  "So Germany’s aggression accelerated: Austria was gobbled up, and then in September 1938 came the shameless abandonment of Czechoslovakia wrought by Neville Chamberlain with the collusion of the French. Six months later the Nazi tanks rolled into Prague, and six months after that came the invasion of Poland and the gruesome sequel of 50 million dead. As Churchill said after the war in his famous “Sinews of Peace” speech, “There never was a war in all history easier to prevent by timely action than the one which has just desolated such great areas of the globe.”"
Pacifists will get multitudes killed. They are the useful idiots evil rulers depend on.

Jihad in Sweden: Homicide Bomber Screams Allahu Akbar

Atlas Shrugs  "The jihad has come to Sweden. When I was checking on this story, the enemy media made no mention of the Islamic motivation or any connection to Islam.
"Fröken Sverige writes me :
Suicidebomber in Stockholm, Sweden, blow him self up while screaming Allahu Akbar!
But first he sent a warning to the secret police and to other islamists: Kill swedish people like Lars Vilks, kill the swedish people and their mothers and kids....
"Look at how yahoo reported this act of Islamic jihad on the West here:"
 Look for any reference to Islam or Jihadis. Go ahead; I'll wait here till you get back.

Liberal Math

Victor Davis Hanson  "Now one can argue that the seeds of the present Democratic desire for an imposed equality of result, embraced by a Howard Dean or Nancy Pelosi, is but the logical evolution from the old Democratic square deal. But there is a difference as well. In those days, except for the Kennedys, liberalism was not synonymous with big money and the desire for the elite lifestyle. These days it is and it makes it hard for liberals to square their abstraction with reality. Very wealthy people seek to be exempt from the regulations and taxes they impose on the middle classes on behalf of the poor they studiously avoid. I thought of all that when reviewing some of this week’s news."

President Obama Brings Bill Clinton In To Talk Tax Plan…And Then Leaves To Go To A Christmas Party!

Mediaite  "Seriously, what was the thinking here? This has to be one of the worst PR moves in the entirety of the administration. Obviously, Clinton is probably a more popular Democratic figure right now, but they had to imagine this would hurt Obama. I mean, letting a former president explain your tax bill while you head to a Christmas party? A Christmas party? "

Was Clinton unaware of how this looked? Was Obama? "With Mr. Obama standing largely silently at his side, Mr. Clinton took over the lectern to lend his backing to the tax compromise the White House reached this week with Republicans. And then Mr. Clinton went on, for half an hour, answering questions and holding forth on topics from triangulation to Haiti to the mortgage crisis and the nuclear arms treaty with Russia." Althouse.

Deja vu all over again -- but worse "Clinton, of course, reveled in his return to the White House podium, outlasting even the long-winded Obama. The problem Obama will soon discover is how to get rid of Clinton since he's comfortable in the White House and has nothing to lose by sticking around. Sure, Obama benefits from Clinton's ability to schmooze Congress and get legislation passed, but it will become apparent quite soon that Clinton is being effective while Obama is in the way. Looking ineffective is not a good position to be in with an election coming up." Ethel C. Fenig

‘Something Very, Very Weird is Going on in Washington’  "...even Obama’s inner circle were equally baffled by The One’s actions today."  Ed Driscoll in Pajamas Media

Help Me Bubba-Wan, You’re My Only Hope. "Here’s what I saw. I saw a current president who has never looked less interested in doing his job. I also saw a former president who never lost interest in doing that job. Obama’s demeanor and body language suggested that he’d rather be anywhere but where he was, and then he followed through and actually bolted for the door. Clinton’s demeanor was that of a passionate wonk trying to sell a policy he actually cared about, that he thought would be good for the country. It didn’t matter that it wasn’t even his own policy that he was selling."

Why Latin America Turned Against Israel

Big Peace  "When we understand the trends that led to Latin America’s hostile act against Israel, we realize two things. First, while Israel might have come up with a way to delay the action, it probably couldn’t have prevented it. And second, given the US policy trajectory, it is again obvious that the only one Israel can rely on to defend its interests – against Iran and the Palestinians alike – is Israel."
 And the God of the universe, who centuries ago promised to return Israel to their land:
“Behold, I am bringing them from the north country,
And I will gather them from the remote parts of the earth,
Among them the blind and the lame,
The woman with child and she who is in labor with child, together;
A great company, they will return here.
“With weeping they will come,
And by supplication I will lead them;
I will make them walk by streams of waters,
On a straight path in which they will not stumble;
For I am a father to Israel,
And Ephraim is My firstborn.”
From chapter 31 of the writings of the prophet Jeremiah in the land of Israel.

Van Jones: We are coming for the media and that’s not all

Hot Air  "Look, we’ve done a great job so far over the last 2 years with the Tea Parties, but if we relax now because we have a Republican House, then we risk losing everything we’ve worked for. The next 2 years are the most crucial if we want to get our country back and we MUST carry the torch for freedom even higher. We must force the Republicans to use every available chance to hammer home the message that the radicals are in DC and they are trying to steal our liberty, our country. And we must fight them off. That means calling the President out for who he is to, because he is one of them."

Rhetoric Rides Again

Thomas Sowell  "Many people earning an annual income of $125,000 a year do so only after years of earning a lot less than that before eventually working their way up to that level. For politicians to step in at that point and confiscate what they have invested years of working to achieve is a little much.
"It also takes a lot of brass to talk about taxing "millionaires and billionaires" when most of the people whose taxes the liberals want to raise are neither. Why is so much deception necessary, if your case is good? "