The budget busting, premium-hiking monster that is ObamaCare may finally be slain:
A judge ruled Friday evening that Obamacare is unconstitutional, putting the future of the federal healthcare law in jeopardy.
The decision, issued by U.S. District Judge Reed O’Connor in the Northern District of Texas — a George W. Bush appointee, is likely to face an appeal to the Fifth Circuit. Obamacare will remain in place pending appeal .
The suit in the case, Texas v. Azar, was brought by 20 Republican state officials, who have asked that all of Obamacare be thrown out as a consequence of the new tax law, which zeroed out a penalty on the uninsured, known as the “individual mandate.” The officials argued that the penalty was central to making the rest of the law work, and that without it, the rest should crumble.
O’Connor appeared to sympathize with this argument in his opinion. He explained that he believed Congress would not have enacted Obamacare in the first place, with its various rules and taxes, without the mandate, and that the regulatory framework was intended to work together.
“Congress stated many times unequivocally — through enacted text signed by the president — that the individual mandate is ‘essential’ to the ACA,” he wrote of the Affordable Care Act, the formal name for Obamacare. “And this essentiality, the ACA’s text makes clear, means the mandate must work ‘together with the other provisions’ for the Act to function as intended.”
O’Connor was talking about the Obama administration’s argument that the mandate could not be severed from the rest of the law in a 2012 Supreme Court case. In his opinion, he elaborated on the different ways that Obamacare had been challenged in court and in Congress.
“It is like watching a slow game of Jenga, each party poking at a different provision to see if the ACA falls,” O’Connor wrote.
The “death of a thousand cuts” approach undertaken by congressional Republicans and the Trump Administration may finally be bearing fruit. Remember that the central conceit that allowed the Supreme Court to find ObamaCare constitutional in National Federation of Independent Business vs. Sebelius was treating the individual mandate as a tax, and the individual mandate was repealed in 2017.
Consider how radically the political environment has changed. Many of the baleful effects Republican foresaw for ObamaCare (spiraling premiums and declining choices) have come to pass. Also, in chasing their Russian collusion fantasy, the Democratic Media Complex has had precious little bandwidth to expend on extolling the supposed wonders of ObamaCare. Chief Justice John Roberts may well feel that he has a chance to undo a mistake in being the deciding vote in the originalSebelius decision now that the political pressure and scrutiny has lessened.
Texas vs. Azar may deliver ObamaCare the mercy killing it so richly deserves.
Welcome to another Friday LinkSwarm! Austin just had a wind storm, to top off a year of weird weather.
Apple to spend $1 billion on Austin campus. This is going to be a couple of miles from my house. Expect more detailed examination in a latter post.
This Andrew Sullivan piece is half-useful for it’s look at Social Justice Warrioring as a religious substitute:
For many, especially the young, discovering a new meaning in the midst of the fallen world is thrilling. And social-justice ideology does everything a religion should. It offers an account of the whole: that human life and society and any kind of truth must be seen entirely as a function of social power structures, in which various groups have spent all of human existence oppressing other groups. And it provides a set of practices to resist and reverse this interlocking web of oppression — from regulating the workplace and policing the classroom to checking your own sin and even seeking to control language itself. I think of non-PC gaffes as the equivalent of old swear words. Like the puritans who were agape when someone said “goddamn,” the new faithful are scandalized when someone says something “problematic.” Another commonality of the zealot then and now: humorlessness.
And so the young adherents of the Great Awokening exhibit the zeal of the Great Awakening. Like early modern Christians, they punish heresy by banishing sinners from society or coercing them to public demonstrations of shame, and provide an avenue for redemption in the form of a thorough public confession of sin. “Social justice” theory requires the admission of white privilege in ways that are strikingly like the admission of original sin. A Christian is born again; an activist gets woke. To the belief in human progress unfolding through history — itself a remnant of Christian eschatology — it adds the Leninist twist of a cadre of heroes who jump-start the revolution.
Unfortunately, the second half is just Christian-concern-trolling as a way to bash Trump. Pace-Sullivan, there’s nothing new in his critique that couldn’t also be applied, to say, the “prosperity gospel” movement of the 1980s on, and it all boils down to “Those stupid Christians voted for Trump rather than the positions we enlightened betters believe in.”
ICE workplace arrests up 700% in President Donald Trump’s first full fiscal year.
Think the Paris riots are bad? Just think what would happen if the biggest climate alarmists got their way:
If Paris streets burned over a proposed 25 cents per gallon climate change tax, imagine the global conflagration over a $49 per gallon tax.
That’s what a United Nations special climate report calls for in 12 years, with a carbon tax of $5,500 per ton—equal to $49 per gallon of gasoline or diesel. That’s about 100 times today’s average state and federal motor fuels tax.
By 2100, the U.N. estimates that a carbon tax of $27,000 per ton is needed—$240 per gallon—to limit global warming to no more than 1.5 degrees Celsius.
Of course, that isn’t going to happen. The economic wreckage of such a punitive tax would plunge the global economy into a permanent depression—and that’s assuming politicians could enact such huge tax increases over the will of their voters.
Keep in mind that the unrest in France was triggered by a looming 25-cent hike, which is a little less than 10% more in taxes than French drivers already pay. To meet the $49 per gallon tax hike recommended by the U.N., fuel taxes in France would have to go up 17-fold.
“When you said, ‘Paris is going to be so hot,’ I did not realise it would actually be on fire…’Eye-watering opportunities’ did not, in my mind, involve tear gas.”
How corrupt is the Chicago Way? A college student running against Democratic Party boss Michael J. Madigan’s hand=picked alderman Marty Quinn found out:
To get on the ballot, Krupa was required to file 473 valid signatures of ward residents with the Chicago Board of Elections. Krupa filed 1,703 signatures.
But before he filed his signatures with the elections board, an amazing thing happened along the Chicago Way.
An organized crew of political workers — or maybe just civic-minded individuals who care about reform — went door to door with official legal papers. They asked residents to sign an affidavit revoking their signature on Krupa’s petition.
Revocations are serious legal documents, signed and notarized. Lying on a legal document is a felony and can lead to a charge of perjury. If you’re convicted of perjury, you may not work for a government agency. And I know that there are many in the 13th Ward on the government payroll.
More than 2,700 revocations were turned over to the elections board to cancel the signatures on Krupa’s petitions. Chicago Board of Elections officials had never seen such a massive pile of revocations.
Mark Steyn: “If you’re having trouble keeping track, the French protests, Trump, Brexit, the Austrian and Italian elections, and the sudden cancellation of the ‘Murphy Brown’ reboot are all the work of Russian bots. Whereas the Tijuana caravan, the UK grooming gangs and that rental car heading toward you on the sidewalk outside the Berlin Christmas market are the authentic vox populi.” Plus some Max Boot bashing, which is now a year-round pursuit. (Hat tip: Ace of Spades HQ.)
America turned into a net oil exporter last week, breaking almost 75 years of continued dependence on foreign oil and marking a pivotal — even if likely brief — moment toward what U.S. President Donald Trump has branded as “energy independence.”
The shift to net exports is the dramatic result of an unprecedented boom in American oil production, with thousands of wells pumping from the Permian region of Texas and New Mexico to the Bakken in North Dakota to the Marcellus in Pennsylvania.
While the country has been heading in that direction for years, this week’s dramatic shift came as data showed a sharp drop in imports and a jump in exports to a record high. Given the volatility in weekly data, the U.S. will likely remain a small net importer most of the time.
“We are becoming the dominant energy power in the world,” said Michael Lynch, president of Strategic Energy & Economic Research. “But, because the change is gradual over time, I don’t think it’s going to cause a huge revolution, but you do have to think that OPEC is going to have to take that into account when they think about cutting.”
Good news for every American except Democrats and ecoweenies (but I repeat myself). Especially for those looking for jobs in Midland, where unemployment just hit 2.1%
She has survived by promising her colleagues she will die another day. She has vowed not to lead her party through the next general election, and therefore has the consent to lead her party for the next few months, or days, or hours.
It was a bad week for May. The Brexit deal she has negotiated with the heads of state of the other 27 EU countries was so unpopular with her colleagues that she had to delay Parliament’s vote on it. Her government was found to be in contempt of Parliament and had to be forced to disclose the legal advice it had received about the deal’s wording. She has spent much of the week seeking wiggle room from Brussels, assurances that the “backstop,” which would have the U.K. continue to follow EU rules in the absence of a trade deal, is not a permanent trap.
May appeared at the 1922 Committee ahead of the vote. At that weekly gathering of Tory backbenchers, May essentially promised that in exchange for her party’s consent to lead it right now, she would resign before the Tories face another general election, opening up the possibility she would exit in the spring.
Perhaps no one should be shocked that the 40-year split in the Tory party over Europe has not been healed by the Brexit referendum’s result or the post-Brexit manifesto the party ran on, promising a speedy, orderly, and thorough exit.
What to make of the rebel MPs? Tory MPs do not want to vote for May’s deal because, like all compromises, it disappoints. But the unwillingness to make a more serious bid to unseat her shows that they do not believe there is a better deal to be made or that they will not take the political risks of trying to make one. What they want — and what May gave them — is her assurance that she will pay a political price for her deal and get no credit whatsoever. That is, the Tory party believes more in ending May’s reign than in a better Brexit.
Theresa May vowed to fight with ‘everything I’ve got’ today after a Tory no-confidence vote was dramatically triggered – and will be held within hours.
The PM insisted she would not give up after hardline Eurosceptics secured the 48 letters from MPs needed to force a ballot that could bring her time as leader to a shambolic end.
In a defiant speech on the steps of Downing Street, Mrs May warned Brexit will need to be delayed beyond March if she loses and Jeremy Corbyn might end up in power. She appealed for more time to secure further concessions on the controversial exit package she has thrashed out with the EU.
‘I have devoted myself unsparingly since I became Prime Minister… and I stand ready to finish the job,’ she said.
Sir Graham Brady, the chair of the powerful 1922 committee, emerged this morning to announce the threshold of 48 letters had been ‘exceeded’ and Mrs May was eager to resolve the issue ‘rapidly’.
Mrs May will deliver a make-or-break speech to MPs behind closed doors at 5pm before the secret ballot opens an hour later. The crucial result will be declared as soon as the 315 votes have been counted.
As financial markets took fright and the Pound tumbled to a 20-month low, Cabinet ministers rallied to try and shore up Mrs May, with Jeremy Hunt, Sajid Javid, Michael Gove, Amber Rudd, Penny Mordaunt and Brandon Lewis among those making clear they will be supporting her.
But despite their entreaties the Tories were plunged into outright civil war, with David Davis hinting that he might vote against the PM and her allies accusing mutineers of being ‘divisive and disloyal’.
Mrs May – who has cancelled a planned visit to Ireland and a Cabinet meeting this afternoon – can stay on if she wins the confidence ballot by just one vote, and would theoretically be immune from challenge for another 12 months. Some 110 MPs have publicly declared that they will back her, although as it is a secret ballot there is no guarantee they are telling the truth.
In reality anything short of a handsome victory will make it almost impossible for her to cling on, with rebels saying she must go if she is opposed by more than 80 MPs.
Allies believe she would have romped home if a contest had been staged last month – but her position has weakened significantly since then.
There’s a strong possibility May fails the vote, at which point Boris Johnson or Home Secretary Sajid Javid could take her place. (Whether Tories would be willing to place Javid, a man of Pakistani decent who once held several high positions at now-scandal-ridden Deutsch Bank, at the head of the party remains to be seen.) Former Brexit Secretary Dominic Raab is another name being bandied about. All, unlike May, were pro-Brexit Euroskeptics. There’s also the possibility (though by no means a surety) that a no-confidence vote could trigger a general election, raising the specter of the Labour Party under the hard-left leadership of Jeremy Corbyn coming to power.
If May falls, she will likely be viewed as the least competent PM since Labour’s James Callaghan brought on the strike-plagued “Winter of Discontent” in 1978-79.
The safest assumption about any spontaneous left-wing protest movement is that there’s nothing spontaneous about it. Be it Occupy Wall Street, Black Lives Matter or any of the Brady Bunch hydra heads, you’ll always find a small cadre of activists, backed by some of the same left-left funding network, involved.
So it is with the Women’s March, with a nice side helping of antisemitism, as shown in this Leah McSweeney and Jacob Siegel piece in Tablet:
According to several sources, it was there—in the first hours of the first meeting for what would become the Women’s March—that something happened that was so shameful to many of those who witnessed it, they chose to bury it like a family secret. Almost two years would pass before anyone present would speak about it.
It was there that, as the women were opening up about their backgrounds and personal investments in creating a resistance movement to Trump, [Carmen Perez] and [Tamika] Mallory allegedly first asserted that Jewish people bore a special collective responsibility as exploiters of black and brown people—and even, according to a close secondhand source, claimed that Jews were proven to have been leaders of the American slave trade. These are canards popularized by The Secret Relationship Between Blacks and Jews, a book published by Louis Farrakhan’s Nation of Islam—“the bible of the new anti-Semitism,” according to Henry Louis Gates Jr., who noted in 1992: “Among significant sectors of the black community, this brief has become a credo of a new philosophy of black self-affirmation.”
Snip.
As its fame grew, so did the questions about the Women’s March’s origin story—including, at first privately within the inner circles of the organizations, questions pertaining to the possible anti-Jewish statement made at that very first meeting. And that wasn’t the only incident from the initial encounter that would have far-reaching consequences. Within a few months of the original marches, key figures who came from outside or stood apart from the inner circle of the Justice League, an initiative of The Gathering for Justice, left the organization. And many of those involved began questioning why it was that, among the many women of various backgrounds interested in being involved in the March’s earliest days, power had consolidated in the hands of leadership who all had previous ties to one another; who were all roughly the same age; who would praise a man who has argued that it’s women’s responsibility to dress modestly so as to avoid tempting men; and, at least in one case, who defended Bill Cosby as the victim of a conspiracy.
The questions started to be more practical, as well. At some point during that very first meeting in Chelsea, Perez suggested that the Justice League’s parent entity, The Gathering for Justice—where she, Mallory, and Skolnik all had roles—set up a “fiscal sponsorship” over the Women’s March to handle its finances. A fiscal sponsorship is a common arrangement in the nonprofit sector that allows more established organizations to finance newer ventures as they get off the ground and find their own funding. In this case, though, the standard logic didn’t apply since the Women’s March would, from its inception, raise vastly more money than its sponsor ever had. Over time, new details of the Women’s March’s organizational structure have been dragged into public view that reveals complicated financial arrangements, confusing even to experts.
Yet within no time, the March leaders would be named 2017 Women of the Year by Glamour magazine. There was a glossy book published with Condé Nast, a lucrative merchandise business selling branded Women’s March gear, and millions of dollars raised through individual donations and institutional funding from major organizations like Planned Parenthood and the powerful hospital workers union, 1199SEIU. Fortune magazine named Mallory, Linda Sarsour, Perez, and Bland to its list of the World’s Greatest Leaders, and New York Sen. Kirsten Gillibrand—in explaining why these four were on Time magazine’s list of the 100 Most Influential People—wrote: “The Women’s March was the most inspiring and transformational moment I’ve ever witnessed in politics … and it happened because four extraordinary women—Tamika Mallory, Bob Bland, Carmen Perez and Linda Sarsour—had the courage to take on something big, important and urgent, and never gave up.” In conclusion, the senator declared, “these women are the suffragists of our time.”
But in fact, according to many involved in the January 2017 marches, Gillibrand’s description wasn’t just over the top; it undermined and erased the very people actually doing the work to create female-centric voting blocs throughout the country. “To be fair, the Women’s March on Washington—the one I was involved with at the time—had no real connection to the many marches that took place across the country and globally that month,” said Wruble, in an interview with Tablet. “Local leaders, often first-time organizers, spearheaded marches in their own communities. Many used the branding we put out as open source and helped to make the marches look unified—which was certainly advantageous in creating the sense of a singular, massive movement—but they were the ones who did the real work.”
It’s a long, detailed article about how some of the original Women’s March organizers were quickly pushed out by people who “have been in bed with the Nation of Islam since day one.”
Eric Hoffer once said “Every great cause begins as a movement, becomes a business, and eventually degenerates into a racket.” The Women’s March was born as a racket…
In case you missed this news Friday, Texas Senator John Cornyn is seeking a fourth term, and fellow Texas Senator Ted Cruz has endorsed him:
Signaling that the 2020 election season has begun, U.S. Sen. Ted Cruz has endorsed his colleague John Cornyn for re-election.
In a video posted this morning by Cornyn’s campaign, the two men sit together with Cruz asking voters to join him “in supporting John Cornyn’s campaign for re-election to keep Texas strong and prosperous.”
He and Cornyn take turns extolling their achievements, working with President Trump, on behalf of Texas.
“Ted and I fight shoulder to shoulder to make the country look more like Texas,” said Cornyn, who will be seeking a fourth six-year term in 2020.
“John and I have made a very strong team here in Washington, and I hope that we can keep working together so that together we can uphold the principles that have long embodied the Texas can-do spirit,” added Cruz.
Their relationship hasn’t always been so smooth. In 2016, Cornyn famously refused to make a similar early endorsement of Cruz for 2018. Of course, Cruz didn’t endorse Cornyn’s 2014 re-election bid until after that year’s primary.
There was talk that Cornyn, being 66, might retire, but that’s evidently not the case.
In 2014, I thought Cornyn might be vulnerable to a primary challenge from the right (which sort of happened, but Rep. Steve Stockman’s lackluster campaign didn’t even throw a scare into Cornyn). I don’t think that this year, for a variety of reasons, mainly that Donald Trump’s victory ended up largely incorporating the Tea Party back into the folds of the Republican Party proper, Cornyn has hewed more closely to the conservative line in recent years, and this year’s Democratic successes has deadened the Republican appetite for inter-party challenges of popular (and mostly conservative) incumbents.
It’s not that Cornyn is perfect, it’s that his deviations from Republican orthodoxy are few enough that he doesn’t stand out from other Republican senators the way Jeff Flake and Lisa Murkowski do. (And Cornyn had a significant role in guiding Brett Kavanaugh’s supreme court nomination to a successful conclusion.) Also, don’t forget that Cornyn pulled in more votes than any other statewide candidate in 2014, obliterating his Democratic opponent even worse than Greg Abbott trounced Wendy Davis. If 2020 is anything like 2018, Republicans will want a familiar, popular incumbent on the ticket.
I don’t see Cornyn losing in 2020, even if Democratic Party flavor-of-the-month Beto O’Rourke forgoes an expected Presidential run to challenge him.
1,700 arrested in France, with 1,200 still in custody. I’m betting that Interior Minister Christophe Castaner’s estimate of 100,000 protestors nationwide lowballs it, possibly by an order of magnitude.
Belgian police detained more than 400 people on Saturday after “yellow vest” protesters inspired by riots in France threw rocks and firecrackers and damaged shops and cars as they tried to reach official buildings in Brussels.
In the second violence of its kind in the capital in eight days, a crowd which police estimated at around 1,000 faced riot squads who used water cannon and tear gas to keep people away from the European Union headquarters and the nearby Belgian government quarter. Calm was restored after about five hours.
1,000 protested in Sweden, but evidently over the “migrant pact” that reportedly makes criticism of of EU migrant policies a crime.
Also scattered “yellow vest” protestor sightings in Spain, Hungary, Germany, a member the Serbian parliament, and even Iraq, though there the protests don’t seem to be against high fuel taxes.
Far left intellectuals are always calling for the masses to take to the streets, but most probably never anticipated that it was high fuel prices and objections to uncontrolled immigration that would do the trick…
So French President Emmanuel Macron was forced to delay implementation of his carbon tax hike because the peasants were revolting French citizens were blocking traffic, burning vehicles, and battling police throughout the streets of Paris.
Nearly 300,000 protesters, many wearing yellow vests, took to the streets, including tens of thousands in Paris. Participation in the “yellow vest” protests, named after the yellow vests French drivers are required to keep in their vehicles for emergencies, fell to approximately 166,000 with 8,000 in Paris in the second weekend, but by the third weekend the protest gained momentum and violence.
The protests were sparked by Macron’s plans to increase taxes on gasoline, diesel, and electricity, and to enforce stricter limits on emissions from vehicles, in an effort to force people out of their cars and suburban homes, and onto public transit and back into densely populated cities. In Paris, protesters sang the national anthem and carried signs saying “Macron, resignation” and “Macron, thief,” and stormed barricades erected by the 3,000 to 5,000 security forces deployed to guard the presidential palace and National Assembly. Outside of Paris, protestors blocked highways, overran motorway toll booths, and obstructed access to gasoline stations and shopping malls.
On average, French gasoline costs a whopping $7.00 per gallon, and diesel more than $6.00 per gallon, with a majority of the price coming from fuel taxes imposed by the national government. These taxes had been scheduled to increase annually in the coming years, to meet Macron’s carbon dioxide emission reduction goals.
“We’re going to tax you until you bleed until you adopt a lifestyle more in tune with the way we think you should live.” For global leftists elites, global warming is not just a holy cause, but an existential struggle whose high stakes (“We’re all going to die!”) require ignoring any democratic pushback from the less-enlightened masses. And we’re just supposed to ignore the fact they write themselves cushy green energy tax breaks while imposing the overwhelming majority of the costs for such policies on ordinary people who live differently than they do. (While Paris burns, Macron is conspicuous by his absence.)
But it’s important to remember that conservatives have an existential threat of their own (deficit spending triggering hyperinflation that will destroy the economy), the solution to which (cutting back on the welfare state) is also deeply unpopular with wide swathes of the populace.
The difference, of course, is that the doomsday scenario of anthropocentric global warming is entirely conjectural, while hyperinflation has happened several times throughout history.
This is why you’re seeing the signs of that weird left-right populist nationalist fusion across Europe: No taxes increase, but also no welfare state cuts, while also restricting immigration so only natives get the cushy welfare handouts. That seems like an obvious recipe for electoral success in countries where even the EU’s weak tea “austerity” is increasingly unthinkable. But it’s not a recipe for growth, and can’t stave off the inevitable doom of a demographically unsustainable welfare state. In America it takes the form of President Donald Trump, a dogged tax-cutter and deregulator working diligently to get the economy growing again, but not someone who has tried to pare back the deficit or the welfare state in any meaningful way.
Europe’s sclerotic economy and demographic decline are going to bring on a crisis there long before it hits here, but it will eventually hit here. In the long run, the big government welfare state is likely to be seen as one of the longer-running mass delusions in history.
There will come a reckoning. The only question is whether you and I will be there to see it…
A former political operative for State Rep. Charlie Geren (R–Fort Worth) has now admitted that he made a factually inaccurate and anonymous report to Child Protective Services against Geren’s opponent during a contentious 2016 Republican primary campaign.
As part of a settlement resolving a lawsuit brought by Bo French, David Sorensen has acknowledged he made the anonymous and incorrect election eve report to CPS alleging that French was abusing his children. The former Geren political aide has also acknowledged the report was not accurate, and he has apologized to the French family for submitting it.
“Before and after Geren’s campaign, Sorensen worked as an operative on Democrat political campaigns and for the Democrat Party.” After this confession, Sorensen should never work on the campaign of any candidate for any political party ever again…
Just as Milton’s Satan would rather reign in hell than to serve in heaven, so also neoconservatives would never be part of any movement if they were not acknowledged as the movement’s intellectual leadership. Neoconservatives were content to have John McCain win the GOP nomination and lose to Obama, since this result did not impair the market for what Kristol, et al., were selling — political commentary and policy analysis. What really threatened their racket, however, was when Republican primary voters in 2016 refused to be herded into the camp of any of the neoconservative-approved candidates. Make no mistake, Bill Kristol would have much rather seen Jeb Bush or Chris Christie win the GOP nomination and then lose to Hillary, than to have a Republican president who wouldn’t take advice from Bill Kristol.
Questions of policy — is Bill Kristol in favor of enforcing our immigration laws, or not? — were ultimately less important to the fate of the Weekly Standard than their intellectual pride. Neoconservatives decided in 2015 that Donald Trump should not be the Republican nominee and, when their advice was rejected by GOP primary voters, the neoconservatives doubled-down and decided that Hillary Clinton should be president. When that didn’t happen, they doubled down again, and declared Trump’s presidency illegitimate. At no point, apparently, did it ever occur to them to ask, “What if we’re wrong?” The possibility of error was not something Bill Kristol (Harvard, Class of 1979) was willing to consider.
America is not a kingdom, and a president is not a king, but the pagan power of a dead king’s passage still stirs some part of our ancient souls. These rituals of our civil religion (the lying in state, the transport of the coffin, the missing man flyover) are both objectively a little silly and subjectively profoundly important as part of the social glue that still binds the nation together.