Monthly Archives: June 2012

BOHICA

BOHICA (pronounced bo-hee-ka) is described as the following: ” To force an individual or group of individuals to perform a physical manuever of bending over one’s torso to enable the person to use their hands to grab their legs or ankles. This manuever allows the victor to prescribe punishment to the individual/individuals.” Bend Over Here It Comes Again.

We got BOHICA’d from John Roberts and the Supremes….

Officially in my opinion Roberts blew the chance to be the deciding factor against BO Care and relegate it to the trash pile where the bill belongs. I think he left his spine at home in his interpretation of the individual mandate. While there was always a chance for this interpretation and opinion (which is what it is – an opinion), no one saw this coming. Did he cave to pressure of comments from Barry or was his lengthy opinion the inner workings of how he thinks?

I am already hearing today from friends all over and seeing the writings and spin masters declaring today being a loss of liberty. Before you burn Roberts in effigy, take a long walk off a short pier, or act like the dunderhead for the libs on the night Scott Walker won the recall election – you might want to consider all that came out in the ruling.

While I will standby my opinion that Roberts dropped the ball, he also dropped some nukes on the bill that will give conservatives some bright points to ponder. The Roberts Court ruled the mandate a tax, which Congress does have the right to do. In doing so, the court also declared the government’s ability to force you to purchase any old product they deem fit under the Commerce Clause as a no-no. As distasteful as this ruling is in allowing the law to survive, this is an important landmark statement of defining a limit on Congressional powers. That will ring in the ears of Congress for years to come. So Barry’s landmark legislation is a tax that he and the Dems of the 111th Congress forced down the throats of ALL Americans. That means he LIED, once again, on who he would and would not raise taxes on. So to the “little people” who Barry promised he would never raise taxes on, this bill concretes his legacy as a tax and spend liberal.

However, the flip side of this rubbish is that while this ruling restricts Congressional overreach under the Commerce Clause, it opens up the potential for misuse and abuse of the tax code.  That little nugget could have been avoided had Roberts stepped up and struck this bill down.

One more little bomb Roberts dropped on BO Care surrounded Medicaid funding.  The Roberts Court declared the feds cannot bully the states on compliance. If a state takes money under the new law, then the feds can require enforcement. However, if the states declare to the feds to stick it on funds from this law, the feds have no right to blackmail them by withholding Medicaid funds.  Considering this is a large bulk of BO Care, this could cause this law to collapse in on itself.

The full opinion on BO Care can be read at :http://www.supremecourt.gov/opinions/11pdf/11-393c3a2.pdf 

This has been a weird week from the Supremes. Monday, they gut the Arizona law by 3 parts and yet leave 1 part in tact that really needs some the other parts to be effective. Today, we get this tarpit.

Whatever comes from all of this, I think we have established 2 new parameters of questions for federal judges and here is how I think the questions should be posed to any federal court nominee:

” Please describe your opinion and interpretation on the 9th and 10th Amendments as they relate to a State drafting laws to allow it to enforce federal laws in lieu of the federal government actually taking action itself. In other words – federal law exists and the federal government will not or cannot enforce its own laws and the States must enact its own soveriegn law to support the people and the State”

” Please describe your opinion and interpretation on Congress’ authority under the Commerce Clause.”

Hope we see some questions like these when it comes time to fill federal judicial vacancies.

In the interim –

BOHICA!

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Interpreting Supreme Insight

Well, this could be one whale of a week based on what came out from the highest court in the land today. In a 5-3 decision the Arizona Immigration bill SB 1070 was ruled constitutional on one part, while striking 3 key provisions.

What stayed in the law could be considered the most controversial. That portion of the law requires an officer to make a reasonable attempt to determine the immigration status of a person stopped, detained or arrested if there’s reasonable suspicion that person is in the country illegally. That portion has drawn howls from special interest groups who claim it invites racial profiling.

Three of the laws other components were struck down. That included making it a state crime for an immigrant not to be carrying papers, allow for warrant-less arrest in some situations and forbid an illegal immigrant from working in Arizona.

At the center of the decision was whether Arizona’s law supported or supplanted federal laws on immigration by requiring law enforcement to demand immigration papers of those detained and what an officer would interpret as being in the US without authorization. The issue of reasonable suspicion versus probable cause and how a peace officer makes that decision sparked this debate when the bill was passed. Here is my question – how is law enforcement going to properly interpret the part of the law allowed to go forward without asking for some form of paperwork?

It was obvious the justices were split on several aspects of what SB 1070 proposed. Justice Kennedy wrote the majority opinion. He said it was improper for the lower courts to enjoin Section 2, which requires law enforcement to check immigration status, “without some showing that (the section’s) enforcement in fact conflicts with federal immigration law and its objectives.” Kennedy continued – “The mandatory nature of the status checks does not interfere with the federal immigration scheme,” he wrote. “The federal scheme thus leaves room for a policy requiring state officials to contact ICE as a routine matter.”

He also added some personal comments on the current status of federal enforcement: “The history of the United States is in part made of the stories, talents and lasting contributions of those who crossed oceans and deserts to come here,” Kennedy wrote. “The National Government has significant power to regulate immigration. With power comes responsibility, and the sound exercise of national power over immigration depends on the Nation’s meeting its responsibility to base its laws on a political will informed by searching, thoughtful, rational civic discourse. Arizona may have understandable frustrations with the problems caused by illegal immigration while that process continues, but the State may not pursue policies that undermine federal law.”

Justices Scalia, Thomas, and Alito felt the law should move forward as written, although not all in the same manner of opinion. Justice Scalia made some fiery comments before a full court regarding the issues – Scalia said that Arizona’s own sovereignty as a state makes it “entitled to impose additional penalties and consequences for violations of the federal immigration laws, because it is entitled to have its own immigration laws.” In addition, Scalia cited the Obama Administration its recent decision to stop deporting certain undocumented immigrants under 30 years old as a policy change that defies the administration’s argument that S.B. 1070 eats up the federal government’s scarce enforcement resources. However Scalia was not done with his branding on the issue and followed up his oration with a rather blunt opinion as well.  “What I do fear — and what Arizona and the States that support it fear — is that ‘federal policies’ of nonenforcement will leave the States helpless before those evil effects of illegal immigration,” Scalia wrote. “Arizona bears the brunt of the country’s illegal immigration problem. Federal officials have been unable to remedy the problem, and indeed have recently shown that they are unwilling to do so.”

You have to like this man…..

So this is now kicked back down to the lower courts for more fun.

Something tells me this will be back before the Supremes again in near future.

Thursdays ruling on BO Care should be a thriller!

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Topics for Tampa

As the Republican National Convention approaches in Tampa, Florida, key topics for uniting the Party behind Romney are beginning to be floated around. Who will Romney choose for VP? Does he have a real chance at beating Barry? Etc, etc, etc….

While the convention goal is to nominate the Republican Presidential and Vice Presidential candidates for the November General Election, there will be both official recorded business and unofficial “off the record” business. Both are important to moving forward and taking the White House and Senate back in November.

UNOFFICIAL BUSINESS
As the committees go through the nominating the permanent Convention Chairman, proposing rules of conduct, and planks for the Party Platform – somebody had better be talking to Ron Paul to get with ousting Obama if he wants anything to do with a Romney Administration. Don’t get me wrong – I love 90% of what Dr Paul proposes, but 10% scares the daylights out of me and most of America. We know he has a heck of a following. I personally witnessed what a handful of well-educated Paul supporters on Roberts Rules of Order did at the Republican State Convention of Texas 2 weeks ago. They slowed the convention to where it had to have a late night meeting to resolve business that cost the RPT tens of thousands of dollars. To the Ron Paul people – don’t be so hard-headed about Paul getting the nomination that you hold down the convention. Dr Paul will not be the Presidential or  VP nominee, but if he plays his cards right I would sure love to see him in a Cabinet Post that is charge of auditing the Fed!
Will the Supreme Court strike down BO Care in all or just in part? We’ll know soon enough. While the official stand from the Party should be to dismantle it should the Supremes decision fall short, there are some critical issues in healthcare the party can no longer afford to ignore for the benefit of the insurance industry’s support. This past week Aetna, Humana, and United Healthcare came out for consumer friendly provisions of BO Care that actually made sense in a bill full of garbage. These included to allow young people to stay on their parents’ plans until the age of 26, offer a third-party appeals process for coverage denials, and provide preventive benefits such as immunizations without any out-of-pocket expense for consumers. Humana and UnitedHealth also said they would continue the law’s ban on lifetime maximums on most benefit payouts, as well as a promise that policies can generally be rescinded only in cases where a consumer was deliberately misleading in an application. Blue Cross & Blue Shield has not made such an announcement, but look for one soon. Be committed to tearing down the state barriers for healthcare, amend existing federal laws that allow for Risk Purchasing Groups and Risk Retention Groups to be expanded in definition to allow small groups to band together and get costs down. In short – lead the way on this topic.

KEY OFFICIAL PLATFORM ISSUES
Now you may be shouting that healthcare is a national platform issue and is part of the 2008 GOP Platform and you would be correct. However, the items I mentioned before are issues big business is reluctant on providing and whether those items are official or not – conservatives need to see them through to get real healthcare reform. Government spending and borrowing is at the top of everyone’s mind, so do something unique about it, don’t just spit out the same stuff over and over. You want to grab the attention of supporters? Then add support for Zero Based Budgeting, 10 year Sunset Feasibility Review for every federal agency outside of the military, and support a law to restrict what Congress can borrow against the future of this nation.
It would seem Social Security and Medicare would be right at the top on the platform, but that would not reflect the mood of nation. Unless you live under a rock, you know those programs are in trouble and need big reform. Cutting spending in other areas can help, but getting this nation back to work will help generate more revenue for those programs than any other maneuver. The party writes the correct items needed in past platforms, but they are doing a lousy job of communicating it. You cannot just point a finger at Obama and say “its his fault” like he does with former President Bush. Paint a word picture of how the economy failed. Explain why finance markets dried up and it became next to impossible to get a loan to buy a car, home, business, etc. People are not stupid and if the Party will take the time to go into detail and show how their plan can cure this illness, you might even find some Dems crossing the party line. Everyone hears about how we are over-regulated, but has the party ever laid in out in plain english for everyone to see the route to poverty in this nation is through over-regulation. I wrote a rather tongue-in-cheek blog in September on this topic that might be a good time to review – https://darrenyancy.com/2011/09/02/why-superman-left-metropolis/.
However, the one plank that will be watched the most, in my opinion, will be on immigration. We are a nation of immigrants and this issue tears at us more than spending. It is an opportunity for the Party to take a true leadership role and define the direction this nation should follow. I am going to blog extensively on this later this week and I’ll give you a clue on what I follow – the proposed Texas Solution as approved at the Republican State Convention of Texas. I’ll let you intellectual egg heads laugh and imagine what sort of national platform Texas came up with. Considering we are one of the top states dealing with the issue, have a long history on the topic, and want a positive solution – I am fairly sure a high degree of surprise will be seen with what Texas proposed. I also think all conservatives need to read the recent Time Magazine article “We are Americans* *Just not Legally” by Jose Antonio Vargas.  It is a well written insight to immigration issues many people will be amazed to know exist. While I am not a fan of blanket amnesty, the Dream Act, Huffington Post, or Time Magazine for that matter – I would check out these links:  http://www.huffingtonpost.com/2012/06/14/time-magazine-cover-featu_n_1596453.html, http://www.time.com/time/magazine/article/0,9171,2117243,00.html. You do have to subscribe to Time to view the article online. Otherwise, go and buy a copy this one time.

Oh. one more thing. Someone get ahold of Romney and tell him that finding his spine does not mean an Executive Order to attack Iran.

Maybe we need to add revising or repealing the War Powers Act to the platform as well…..

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