Kentucky Obamacrats shoot your watchdog

The Kentucky Health Cooperative made news today by sucking up another $65 million "loan" from federal taxpayers just one year after being formed as an ObamaCare health insurer with a $58.8 million loan. But this evidence of wild mismanagement is just the tip of the iceberg.

The Kentucky Health Cooperative, by far our state's biggest ObamaCare insurer, is systematically removing health insurance agents from the Exchange who warn consumers about the co-op's questionable business practices. Several hundred health insurance agents previously appointed to represent the co-op's ObamaCare policies have seen their appointments cancelled and agents seeking to do business under the new regime are being turned away, leaving consumers without an advocate when the co-ops' nonexistent customer service and increasing deductibles become apparent.

"Gov. Beshear said at the beginning of ObamaCare that Kentuckians needed to be running ObamaCare in Kentucky, but all that has done is fill the pockets of his friends like co-op CEO Janie Miller," said Tea Party activist David Adams. "And now the very Kentuckians who were in place to blow the whistle on abusive tactics used by the co-op are being removed. It's yet another outrage from a group of bureaucrats with an enormous capacity for outrageous behavior."

Si se puede: Obamacrats deem all "limited English" speakers in Kentucky disabled

Kentucky Medicaid Obamacrats have started threatening doctors who don't offer and pay for language interpretation services for people who don't speak English.

The cost for such an interpreter is at least $80 and the amount is not reimbursable by Medicaid. Providers have been told the rationale for this is that Medicaid views everyone who doesn't speak English to be disabled.

"Under ObamaCare, we have added almost 900,000 Kentuckians to Medicaid which the state can't afford and now we're bringing our nation's failed immigration policy into the mess," said Tea Party activist David Adams. "Shutting down the Medicaid expansion in Kentucky must be one of our highest priorities."

New and improved Kentucky ObamaCare lawsuit response for Dec. 17 hearing

COMMONWEALTH OF KENTUCKY

FRANKLIN CIRCUIT COURT

DIVISION II

CIVIL ACTION NO. 14-CI-1337

 

DAVID ADAMS                                                                                           PLAINTIFF

 

 

V.                                RESPONSE TO DEFENDANTS’ MOTION

                                                            TO DISMISS

 

 

 

COMMONWEALTH OF KENTUCKY, ET AL.                                    DEFENDANTS

 

 

                        **********************************************

 

            Defendants having entered a CR 12.02(f) Motion to Dismiss to Plaintiff’s Complaint, Plaintiff respectfully responds as follows:

I.        ARGUMENT

 

            Defendants move for dismissal of Plaintiff’s Complaint by attempting to distract the Court from noticing the only meaningful fact in the present action: the current Executive Branch Budget does not fund the operation of a state-based health insurance exchange under ObamaCare (or the Affordable Care Act or ACA) and further specifically prohibits such expenditures as would perpetuate it.

            Governor Beshear has attempted to create some form of taxing and spending mechanism for implementing an optional state-based ObamaCare exchange in Kentucky using three separate and distinct Temporary Reorganization Executive Orders, one each in 2012, 2013 and 2014, which Defendants notably fail to mention in their Motion to Dismiss. KRS 12.028(5) mandates “subject matter of each executive order relating to reorganization shall be presented in the General Assembly in a separate bill.” This did not happen with Executive Order 2012-587, which attempted to create “Office of the Kentucky Health Benefit Exchange,” necessitating its expiration and withdrawal and further, according to statute, forbidding its replacement prior to the next succeeding General Assembly. This prohibition was ignored by Governor Beshear, who immediately upon its expiration issued Executive Order 2013-418. This second Order sought to create the “Office of the Kentucky Health Benefit Exchange” and House Bill 505 was subsequently introduced in the 2014 General Assembly. Near the same time, the Governor’s budget request sought appropriations for “Kentucky Health Benefit Exchange.” The bill was rejected by the General Assembly and the 2013 Executive Order subsequently expired. Again, Governor Beshear ignored the plain language of KRS 12.028(5) which states “If the General Assembly fails to enact a temporary reorganization plan, the Governor, the Kentucky Economic Development Partnership as created in KRS 154.10-010, and other elected state executive

officers shall not effect the plan prior to the next succeeding session of the General Assembly.”

            Executive Order 2014-561 as issued on June 30, 2014 abolished Kentucky Access, the supposed taxing and funding mechanism for “Kentucky Health Benefit Exchange” and placed it inside something called “Kentucky Health Benefit and Health Information Exchange” for which the General Assembly provided no funding in the Executive Branch Budget for Fiscal Years 2014-15 and 2015-16, stating in the budget itself “no executive order related to the ACA has been codified by the General Assembly,” “no provision within this Act shall be deemed, adjudged, or constructed as being a recognition, finding or admission of the General Assembly’s approval of the operation of the ACA in Kentucky,” and “The Governor is expressly prohibited from expending any General Fund resources on any expenditure directly or indirectly associated with the Health Benefit Exchange.” It could not be any more clear that the General Assembly has repeatedly and forcefully denied approval for state spending and taxation to support ObamaCare in Kentucky.

            Denying Defendant’s Motion to Dismiss and further granting Plaintiff’s Prayer for Relief in Complaint is completely consistent with recent case law. “The mere existence of a statute that can be implemented only if funded does not mandate an appropriation.” See Fletcher v. Commonwealth (Ky. 2005) 163 S.W. 3d 852. “The purpose of Section 230 of the Kentucky Constitution, the statutes, and CR 54.04 is ‘to prevent the expenditure of the State’s money without the consent of the Legislature.’” See Kentucky Retirement Systems v. Foster (Ky. App. 2010) 338 S.W.3d 788 quoting Ferguson v. Oates 314 S.W. 2d 518, 521 (Ky. 1958) “It is a purpose consistent with the governmental separation of powers and reinforces the proper role of the judiciary.”

No funding exists for “Kentucky Health Benefit and Health Information Exchange” in the Executive Branch Budget Bill. Kentucky Access, the supposed funding and taxing mechanism for continued operation of ObamaCare in Kentucky is attached to the same unfunded entity created by Executive Order 2014-561 and, in any event, its contents are not available to be spent on further operation of ObamaCare in Kentucky because its reason for existing, per KRS 304.17B-005, “implementing an acceptable alternative mechanism within the meaning of 42 U.S.C. sec. 300gg-44(a)(1)” has been accomplished with passage of the “Affordable Care Act.” “The surplus remaining after the object of a levy has been accomplished must be treated as part of a general fund.” See Fannin v. Davis (Ky. 1964) 385 S.W.2d 321. Again, legal authority for such General Fund expenditures as Defendants seek does not exist, by explicit direction of the General Assembly. Further, State Group Health Insurance Funds for state employees exist in General Funds, whose forbidden appropriations present an inescapable problem for state employees charged with implementing “the ACA.”

Lastly, Defendants claim Plaintiff’s request for injunctive relief is deficient because it fails to comply with CR 65.04, which governs motions for temporary injunctions. Plaintiff has not yet filed such a motion, but will comply with requirements of same at such time.

 

                                                                              Respectfully submitted,

 

                                                                              David Adams

                                                                              121 Nave Place

                                                                              Nicholasville KY 40356

                                                                              859-537-5372

                                                                              Plaintiff

 

 

CERTIFICATE OF SERVICE

 

This certifies the forgoing was served this 17^th day of December, 2014 by personal delivery upon Patrick R. Hughes, Dressman Benzinger LaVelle PSC, 207 Thomas More Parkway, Crestview Hills, Kentucky 41017-2596.

 

Missing link to stronger, freer, more honest Kentucky makes debut next month

Kentucky is about to become a testing ground for a revolutionary approach to reporting news that does not bode well for Obamacrats or the mainstream media.

A former long-time Frankfort reporter will head up a statewide newspaper without advertising, subscriptions or left-wing biased reporting. Roger Alford, communications director for the Kentucky Baptist Convention, will be the paper's editor and publication will begin on an undetermined date after the first of the year.

"Kentuckians are starving for credible public affairs information that doesn't push a pro-Democrat agenda," said tea party activist David Adams. "I think this new paper will have a quick and decisive impact on Frankfort and will inspire others to spring up around the country and around the world. To me this is taking full advantage of the information age. We are ready to starve the beast that is big government and this unbiased, uncontrolled news source gives us the strength to get it done."

More details will be made available in the days and weeks ahead. Stay tuned...

Beshear stonewalling legislators on Medicaid spending

At a state government committee meeting next week, Gov. Beshear's administration will refuse to divulge spending data related to the Affordable Care Act in keeping with federal officials' strategy of avoiding transparency that would help citizens judge our progress on health reform in Kentucky.

Beshear administration staff have refused repeated attempts of members of the Interim Committee on Health and Welfare to ascertain current spending totals of state dollars on Medicaid benefits under ObamaCare and they intend to do the same thing at the next meeting on December 17.

"Gov. Beshear said at the beginning of ObamaCare there were 640,000 Kentuckians without health insurance, but the executive director of the exchange answered an open records request by stating they have signed up over 800,000 Kentuckians on Medicaid," said David Adams, Tea Party activist. "Blowing the budget on ObamaCare Medicaid is something we need to get a handle on before it is too late. Please call Gov. Beshear at 502-564-2611 and demand that he come clean about our Medicaid spending right away."  

Gruber demolishes himself, ObamaCare

Obamacrat economist Jonathan Gruber was only trying to make himself look smart, he said.

Gruber told the House Oversight and Government Reform Committee today he is sorry for calling Americans stupid and bragging about the need to lie about ObamaCare in order to pass it, but that he himself was lying when he said he wrote part of ObamaCare and that he was lying when he spoke previously the political benefits of secrecy and obfuscation in constructing ObamaCare. He further insisted ObamaCare is working well and when asked what he would change about it, he would only say that we should give it more time to "work."

And he also said that his lies were not lies. Thank you, Doctor Gruber.

Response to Beshear & Co. motion to dismiss ObamaCare lawsuit

COMMONWEALTH OF KENTUCKY

FRANKLIN CIRCUIT COURT

DIVISION II

CIVIL ACTION NO. 14-CI-1337

DAVID ADAMS                                                                                           PLAINTIFF

V.                                RESPONSE TO DEFENDANTS’ MOTION

                                                            TO DISMISS

COMMONWEALTH OF KENTUCKY, ET AL.                                                DEFENDANTS

                        **********************************************

            Defendants having entered a CR 12.02(f) Motion to Dismiss to Plaintiff’s Complaint, Plaintiff respectfully responds as follows:

I.        SUMMARY OF DEFENDANTS’ MOTION

Defendants base the bulk of Motion to Dismiss on their characterization of Complaint as being speculative and conclusory, making light of Plaintiff’s use of the term “illegal spending” while attempting to confuse it with state spending whose legality is properly established. Plaintiff is a taxpaying citizen whose right to challenge the legality of officials’ actions is well established. See Russman v. Luckett 391 S.W.2d 694 (Ky. 1965), which explains “public officials … are bound to perform their duties exactly as the Constitution and the statutory laws of this Commonwealth require when the command is clear.” Defendants deny Plaintiff’s characterization of improper attempts to spend state funds but, despite including for the record the entire Executive Branch Budget, fail to adequately address the main issues in the Complaint namely, “illegal spending” and “prior and proper legislative approval,” both of which were included in Complaint. Indeed, while Defendants complain in Section 1 of their Motion that “the pleading fails to provide any details about these allegedly illegal transactions, such as the amount, date or recipient of any such expenditure,” Defendants noticeably neglect to mention even once any of the three Executive Orders representing the only actions remotely attempting to legally make available Restricted Funds in question (available on the Secretary of State’s web site at www.apps.sos.ky.gov/Executive/Journal.) The General Assembly explicitly sought in KRS 12.028 to ensure constitutional and statutory limitations on Defendants’ power were maintained while making available requested funds should the aims of Defendants be met with necessary legislative approval. Those aims, namely Defendants’ desire to move Restricted Funds and, one presumes, taxing authority from “Division of Kentucky Access within the Department of Insurance” when its statutory purpose was accomplished to the General Fund and then on to “Division of Kentucky Access within the Office of Health Benefit and Health Information Exchange” in violation of the clear Executive Branch Budget denial of any General Fund resources on any expenditure directly or indirectly associated with the Health Benefit Exchange. Failure of Defendants to recede from their prior plans once they definitely in every way became prohibited brought about this action.  

Defendants admit in Section 3 that for purposes of their motion “allegations in the pleading are accepted as true,” further stating “they must be sufficient to place the defending party on notice as to the cause of the action.” From this, Defendants find fault with Complaint’s lack of specific expenditures when the executive actions bringing about Complaint were explicit commitments by Defendants to perform actions which are in fact “illegal.”

Defendants express confusion at contents of the Complaint and deem it “speculative,” but admit the issues therein are justiciable by failing to cite even a single case, provision or fact definitively confirming their claim that all spending in question conforms to law. As such, Plaintiff respectfully requests this Court to deny their Motion to Dismiss.

 Defendants conclude their argument by quoting extensively from CR 65.04, relating to Temporary Injunctions, and ask the Court to find the Complaint defective despite the fact that a Temporary Injunction is not requested. This must be rejected as well.

    II.        RELEVANT PORTIONS OF BUDGET

The current Executive Branch Budget provides for expenditure of Restricted Funds in the amount of $14,021,200 in Fiscal Year 2014-15 and $23,404,900 in Fiscal Year 2015-16. KRS 48.010(13)(f) defines the term Restricted Fund: “This fund shall consist of budget unit receipts restricted as to purpose by statute.” This language presents a complex, yet fatal problem for Defendants. With Executive Order 2014-561, Governor Beshear attempted to overcome the will of the legislature which had refused to ratify his prior two attempts to create the Kentucky Health Benefits Exchange in each of the two years preceding, thereby rejecting optional provisions of ObamaCare. Beshear did this by attempting in the Order to place the Division of Kentucky Access into the Exchange in order to use its surplus funding and taxing authority to provide state funds for the Exchange. Kentucky law does not allow him to do this, as will be detailed in the next section of this Reply.

Complaint Section 10 quotes Budget language reiterating the General Assembly’s repeated disapproval of executive orders, administrative regulations, proposed statutes and provisions effecting ObamaCare and expressing the General Assembly’s intention to limit Beshear’s unilateral implementation.  Complaint Section 11 quotes Budget language absolutely forbidding General Fund spending even indirectly related to the Exchange. Complaint Section 12 quotes Budget language limiting General Fund spending for the Medicaid Expansion. Given this preponderant disapprobation, one finds it an inescapable conclusion that creating a Budget entry for nonexistent Restricted Funds requested by Defendants, perhaps in anticipation of a potential revised statute but in no instance as a replacement for one, would not conflict with subsequent disapproval of the creation of such funds in any form or clear confirming language to that effect in the same Budget.

 III.            LEGAL ARGUMENT

This Court faces tremendous pressure to construe Defendants’ executive actions liberally and it should. Executive management of the Commonwealth’s government is a difficult job and deference to the Chief Executive’s aims is understandable and not without precedent. Nevertheless, Kentucky law simply prohibits Defendants from continuing on their current course regarding implementation of ObamaCare.

Governor Beshear’s Executive Order 2012-587 attempted to temporarily create the Exchange for purposes of operating an optional state-based bureaucracy in the implementation of ObamaCare. The Order admitted that state funds would be necessary to provide full funding for operation of the Exchange as of January 1, 2015. It did not seek to create a funding source or taxing authority for state funds required for use by January 1, 2015 by federal law. The 2013 General Assembly did not ratify the now expired Order and also did not create funding or a taxing authority. Governor Beshear attempted to reverse this denial by the General Assembly in part by issuing Executive Order 2013-418. Governor Beshear’s Executive Order 2013-418 attempted again to temporarily create the Exchange for purposes of operating an optional state-based bureaucracy in the implementation of ObamaCare. The Order admitted that state funds would be necessary to provide full funding for operation of the Exchange as of January 1, 2015. It did not seek to create a funding source or taxing authority for state funds required for use by January 1, 2015 by federal law. The 2014 General Assembly did not ratify the now expired Order and also did not create funding or a taxing authority. Governor Beshear attempted to reverse this denial in part by issuing Executive Order 2014-561. Governor Beshear’s Executive Order 2014-561 attempted again to temporarily create the Exchange for purposes of operating an optional state-based bureaucracy in the implementation of ObamaCare, but before it did, state Budget negotiations intervened.

Governor Beshear has attempted an intricate game of musical chairs in reorganizing state government for three years running, struggling with the fact the General Assembly has not and does not approve his attempts to force the Commonwealth into ObamaCare implementation. But the music stopped when he tried to shift Restricted Funds beyond his authority to do so. Essentially, Beshear sought to use Kentucky Access funds and taxing authority to pay for the Exchange. Kentucky Access was created in 2000 by KRS 304.17B-005 as part of the Department of Insurance. No subsequent legislation has changed that, which is significant because accrued funds existing within Kentucky Access existed as Restricted Funds. KRS 48.010(13)(f) defines “Restricted Fund” as “budget receipts restricted as to purpose by statute.” Again, no statute has repurposed or otherwise transferred Kentucky Access Restricted Funds proposed in the Executive Branch Budget to fund the Exchange in 2014-15. Further, no statute has created a new taxing authority to fund the Exchange in 2015-16 or at any other time through Kentucky Access or otherwise. KRS 304.17B-021(1) mandates that taxes levied for Kentucky Access “shall be used for the purpose of funding GAP losses and Kentucky Access.” If we accept that one or more of Governor Beshear’s Executive Orders have done away with Kentucky Access, then GAP losses no longer exist as their purpose has been accomplished through the Affordable Care Act and also the Kentucky Access program as it existed in the Kentucky Department of Insurance pursuant to KRS 304.17B-005 no longer exists. The purpose of Kentucky Access under the statute is “implementing an acceptable alternative mechanism within the meaning of 42 U.S.C. sec. 300gg-44(a)(1) so that Kentucky may preserve the flexibility over the regulation of health coverage allowed by federal law.” This purpose, then, has also been accomplished through passage of the Affordable Care Act. In this case such funds, restricted as to purpose by statute, are not eligible to be transferred directly into another Restricted Fund, even one with a similar name and similar purpose. “The surplus remaining after object of a levy has been accomplished must be treated as part of a general fund.” See Fannin v. Davis (Ky. 1964) 385 S.W.2d 321. “The surplus remaining after the object of a levy has been accomplished is treated as part of the general fund … notwithstanding Section 180 of the Constitution of Kentucky, forbidding the diversion of taxes from the purposes for which they were levied.” See Field v. Stroube, 103 Ky 114, 44 S.W. 363.

If, however, we do not accept the Executive Orders, then the Kentucky Access program still exists as in current statute and the same Restricted Funds are not available to be transferred to the Exchange thanks to Section 180 and no legally created funding mechanism exists to provide for operating costs in the second year of the biennium or at any other time. Either way, the original Kentucky Access Restricted Funds cannot be transferred absent specific state legislation to fund ObamaCare as Defendants have attempted to do. Defendants may certainly refine their argument to attempt to make their official action stand before the Court, but they cannot pretend that their CR 12.02(f) Motion to Dismiss maintains any weight. Again, Defendants’ actions constitute illegal spending lacking prior and proper legislative approval and cannot be countenanced.

Lastly, Defendants claim Plaintiff’s request for injunctive relief is deficient because it fails to comply with CR 65.04, which governs motions for temporary injunctions. Plaintiff has not yet filed such a motion, but will comply with requirements of same at such time.

                                                                              Respectfully submitted,

                                                                              David Adams

                                                                              121 Nave Place

                                                                              Nicholasville KY 40356

                                                                              859-537-5372

                                                                              Plaintiff

CERTIFICATE OF SERVICE

This certifies the forgoing was served this 5^th day of December, 2014 via U.S. Mail upon Patrick R. Hughes, Dressman Benzinger LaVelle PSC, 207 Thomas More Parkway, Crestview Hills, Kentucky 41017-2596.

Frankfort ObamaCare lawsuit hearing December 17

Veto-proof majorities of both chambers in the Kentucky legislature voted last spring to prohibit spending of General Fund dollars on anything related to the Affordable Care Act. Beshear now claims he is spending only Restricted Funds specifically set aside for purposes of running the "Exchange."

He hopes you forget his executive order setting those funds aside for the exchange as Restricted Funds expired unapproved in April. In other words, Beshear could spend Restricted Funds on ObamaCare if he had them, but he doesn't. Those funds don't exist so granting him permission to spend Restricted Funds when only General Funds exist is the same thing as prohibiting him from spending money on ObamaCare.

We will be in Franklin Circuit Court on Wednesday December 17, 2014 at 9:00 am ET setting this straight. Please join us if you can in Frankfort at the Franklin County Courthouse at 222 St. Clair Street in Judge Wingate's courtroom.

Beshear hiding 2014 Kentucky insolvency figure to delay ObamaCare comeuppance

The Commonwealth of Kentucky's net financial position has declined by 65% while Gov. Steve Beshear has been in office, according to an official state government report called Comprehensive Annual Financial Report (CAFR).

This report is widely circulated among banks but never mentioned by Kentucky's mainstream media. In fact, KRS 48.800(3) mandates the CAFR to be made available each year by September 30, but during Beshear's time in office it has always been released quietly during the week after Christmas.

In the 2007 CAFR, Kentucky's current assets minus current liabilities exceeded $17 billion. After years of steady declines under Beshear, that figure fell to $10.5 billion in 2013. These figures do not include Kentucky's massive unfunded future pension liabilities.

The 2014 figures will include the very beginning of Kentucky's ObamaCare catastrophe. Please spread the word. More of us need to be looking for those numbers in one month. They will be published here as soon as I have them.

Bluegrass Bombshell: your state on Medicaid

Frankfort Obamacrats insist their "health reform" has enrolled 521,000 Kentuckians and they have been insisting it since July, despite an incredible volume of ObamaCare Medicaid advertising and ongoing enrollments.

I just received an email from "Exchange" Executive Director Carrie Banahan in response to repeated requests admitting 806,783 Kentuckians enrolled in Medicaid under the ObamaCare mandate since October 1, 2013.

The reason for Frankfort's secrecy on this is the huge number of new Medicaid recipients and the cataclysmic impact it would have on the current budget if this travesty is allowed to continue.

Exposing this and correcting it is the reason for our fight. Please forward this email as widely as you can and please click here to contribute to the effort. Anything you can donate will help get this mess straightened out.

Beshear in default on new ObamaCare lawsuit

Gov. Steve Beshear's ObamaCare attorney Patrick Hughes has not yet responded to an email this morning asking why he failed to respond by yesterday's deadline to a Franklin Circuit Court lawsuit challenging illegal executive branch spending on Kynect, the state's ObamaCare bureaucracy.

"Seven hundred and fifty thousand new Kentuckians on Medicaid we can't afford and a decimated individual health insurance market combined with abuse of executive powers and constitutional violations demand answers from Kentucky's top Obamacrat," said David Adams, plaintiff in Franklin Circuit Court case 14-CI-1337. "Beshear needs to come clean now so we can start cleaning up his ObamaCare mess."

At the start of ObamaCare implementation in Kentucky, which Beshear insisted on pursuing without legislative approval as state law requires, he claimed there were 640,000 uninsured Kentuckians. He now touts a Gallup poll showing there are 528,000 uninsured Kentuckians while also sticking to an outdated enrollment figure of 521,000 in Kentucky ObamaCare for most of which we are spending current state dollars to cover with Medicaid. By his own figures, 78% of Kentuckians signing up for ObamaCare were previously covered by private health insurance.

Huge KY ObamaCare profiteer rapes state

Kentucky's biggest ObamaCare health insurer has been granted a twenty percent premium increase by the state Department of Insurance. Kentucky Health Cooperative requested the rate hike on October 24.

"This mess is based on funny numbers but the only people laughing are Obamacrats filling their pockets with taxpayer money," said David Adams, plaintiff in three lawsuits challenging illegal ObamaCare implementation and state spending in Kentucky.

More than 800,000 Kentuckians are signed up for ObamaCare so far, which the state can not begin to afford. Mainstream media coverage of this debacle has ranged from abysmal to obsequious.

Crit Luallen can't be Lieutenant Governor now

Gov. Steve Beshear is relying on a 1942 law combined with general ignorance of changes in the Kentucky Constitution from 1992 to appoint a new lieutenant governor today after Jerry Abramson resigned to work in the Obama Administration.

KRS 63.190, enacted in 1942, states "In every case where there is no provision of law for the filling of a vacancy in any office, the vacancy shall be filled by an appointment by the Governor."

But several changes in the Constitution enacted 1992 did speak to the issue and since a gubernatorial vacancy had not happened under those rules until today, the issue hasn't been thoroughly explored. When you look at the relevant constitutional sections, it becomes clear Beshear can't override the will of the voters or the Kentucky Constitution by replacing a duly elected lieutenant governor on a whim.

Section 70 of the Kentucky Constitution states: "The Governor and Lieutenant Governor shall be elected for the term of four years by the qualified voters of the state. They shall be elected jointly by the casting by each voter of a single vote applicable to both offices, as shall be provided by law."

This section combined the offices at the head of Kentucky's executive branch for the first time in history. The lieutenant governor can't attain that office by his own election. He (or she) gains the office by election with a candidate for governor. The office of governor is not filled without both a governor and lieutenant governor. So this brings in Section 85.

Section 85 of the Kentucky Constitution states: "And if, during the vacancy of the office of Governor, the Lieutenant Governor shall be impeached and removed from office, refuse to qualify, resign, or die, the President of the Senate shall in like manner administer the government."

The office of Governor as defined by Section 70 became partially vacant when Abramson resigned. Section 85 describes how such a vacancy is to be remedied. Senate President Stivers should become Kentucky's Lieutenant Governor.

New Kentucky lawsuit is ObamaCare checkmate

COMMONWEALTH OF KENTUCKY
FRANKLIN CIRCUIT COURT
DIVISION ___
CIVIL ACTION NO. 14-CI-______

 

DAVID ADAMS                                                                                           PLAINTIFF

 

V.                                                        COMPLAINT

 

COMMONWEALTH OF KENTUCKY,                                                  DEFENDANTS
OFFICE OF THE GOVERNOR, Steven L. Beshear,
OFFICE OF THE STATE TREASURER, Todd Hollenbach,
CABINET SECRETARY HEALTH AND HUMAN SERVICES,
Audrey Tayse Haynes

Serve: Governor Steven L. Beshear
Office of the Governor
700 Capitol Avenue, Suite 100
Frankfort, KY 40601

State Treasurer Todd Hollenbach
Office of the State Treasurer
1050 US Hwy 127 South

Suite 100
Frankfort KY 40601

Serve: Audrey Tayse Haynes
Cabinet For Health and Family
Services
275 East Main Street 5W-A
Frankfort, KY 40621

 

***************************************************

 

Plaintiff, David Adams, for his Complaint against Defendants, the Commonwealth of Kentucky, acting through the Office of the Governor (“Governor”), and Governor Steve Beshear, in his official capacity as Governor of the Commonwealth, State Treasurer Todd Hollenbach, in his official capacity as State Treasurer and Audrey Tayse Haynes, in her official capacity as Secretary of the Cabinet for Health and Family Services respectfully states as follows:

 

I. Nature of Action

 

1. This is a civil action for declaratory and injunctive relief relating to Governor

Beshear’s continued attempt to unilaterally impose upon the Commonwealth acceptance of optional provisions of the federal Patient Protection and Affordable Care Act, hereinafter ObamaCare. David Adams seeks injunctive relief in the form of a court order forbidding Governor Beshear from spending state funds related to ObamaCare’s optional provisions under any circumstances without prior and proper legislative approval.

2.  Time is of the essence in resolving this issue because the current state budget explicitly forbids spending state funds directly or indirectly related to ObamaCare. Defendants’ actions make clear they have no intention of obeying state law in this matter until forced to do so. Continued delay in limiting the state officials’ activities in this matter to within the scope of Kentucky law and Constitution of the Commonwealth of Kentucky sets a terrible precedent for ignoring constitutional  limits on executive branch authority to protect Kentuckians’ rights to seek and pursue their safety and happiness as explicitly guaranteed by the Kentucky Constitution.

3.  The judicial branch of the Commonwealth of Kentucky is the only remaining venue for redress available to David Adams.

            4.  As a result of the actions of Defendants, David Adams respectfully seeks an injunction against any continued illegal spending related to ObamaCare until such time as proper legislative approval is granted as required by Kentucky law and the Kentucky Constitution.

            II. The Parties

            5.  David Adams is a citizen of the Commonwealth of Kentucky.

            6. Governor Steve Beshear is sued in his official capacity as Governor of the Commonwealth of Kentucky.

            7. State Treasurer Todd Hollenbach is sued in his official capacity as State Treasurer of the Commonwealth of Kentucky.

            8. Cabinet Secretary Audrey Tayse Haynes is sued in her official capacity as Secretary of the Health and Family Services Cabinet.

III. Jurisdiction

            9. Jurisdiction is proper pursuant to KRS 418.040 and Kentucky Constitution Section 112 (5).

IV. Factual allegations and Background

10. The Executive Branch Budget as enacted by House Bill 235 in the 2014 General Assembly states: “Subsequent to these Executive Branch actions, no executive order related to the ACA has been codified by the General Assembly, nor has any administrative regulation related to the ACA been approved by a vote of the majority of the members of a legislative committee. Providing that the Governor continues unilateral implementation and operation of the ACA in the Commonwealth, the General Assembly shall limit the ACA's impact on the 2014-2016 State/Executive Branch Budget and future biennial budgets so as not to bind future General Assemblies. Therefore, no provision within this Act shall be deemed, adjudged, or constructed as being a recognition, finding, or admission of the General Assembly's approval of the operation of the ACA in Kentucky.”

11. The Executive Branch Budget as enacted by House Bill 235 in the 2014 General Assembly further states: “The Governor is expressly prohibited from expending any General Fund resources on any expenditure directly or indirectly associated with the Health Benefit Exchange. ”

12. The Executive Branch Budget as enacted by House Bill 235 in the 2014 General Assembly further states: “As the only body in the Commonwealth with the constitutional power to make appropriations, the General Assembly recognizes that federal funding for the expansion of Kentucky's Medicaid Program is not recurring in nature; therefore, the intent of the General Assembly is that funds received from the Affordable Care Act, or its successor, shall not be used to permanently expand existing programs, permanently create new programs, or in any way increase the requirements to be placed on the General Fund or Road Fund above the adjusted appropriation level as of June 30, 2014. ”

13. Defendants have made contracts in violation of these clear prohibitions as enacted by the General Assembly and have further made public statements indicating no intention to obey state law unless forced to do so. This unprecedented attempt at the abrogation of the rule of law in the Commonwealth cannot be countenanced by people who wish to remain civilized.

V. Claims for relief

14. David Adams seeks declaratory relief pursuant to KRS 418.040. David Adams seeks a judicial determination of the rights and duties of the parties with regard to an actual controversy arising out of Defendants’ conspiracy to adopt optional provisions of ObamaCare without prior and proper legislative approval and to spend state funds in violation of Section 230 of the Constitution of the Commonwealth of Kentucky in violation of David Adams’ rights as a citizen.

15. David Adams seeks injunctive relief to stop Defendants’ violation of state law prohibiting spending of state funds for ObamaCare.

VI. Prayer for relief

16. David Adams requests the court enter a judgment declaring Defendants have erred in contracting, agreeing and conspiring to violate state law by spending state funds for ObamaCare despite the clear prohibition of same by the duly enacted 2014 Executive Branch Budget and prohibiting them from continuing to do so or to resume such activity until they are granted prior and proper permission by an act of the Kentucky General Assembly.

 

Respectfully submitted,


            David Adams
            121 Nave Place
            Nicholasville, KY 40356
            859-537-5372
            Plaintiff




    CERTIFICATE OF SERVICE

This certifies the forgoing was served this 5th day of  November, 2014 via U.S. Mail upon:


Serve: Governor Steven L. Beshear
Office of the Governor
700 Capitol Avenue, Suite 100
Frankfort, KY 40601

Serve: State Treasurer Todd Hollenbach
Office of the State Treasurer
1050 US Hwy 127 South
Suite 100
Frankfort KY 40601

Serve: Audrey Tayse Haynes
Cabinet For Health and Family
Services
275 East Main Street 5W-A
Frankfort, KY 40621



       _________________________________
      
       David Adams

Torch Frankfort's Pinocchio factory Tuesday

The best thing that can happen in Kentucky's elections this year is repudiation of Obamacrats generally and state House candidates supported by wild, false attacks by a group called Kentucky Family Values PAC specifically.

The Kentucky state House will never do anything to improve our plummeting fiscal fortunes, whether it's public pensions or mounting real budgetary deficits or improve our regulatory approach, economic policies or our broken judicial system with Greg Stumbo calling the shots. An avalanche of "Kentucky Family Values" sponsored advertising touting Democratic candidates as paragons of conservative virtue while maliciously slandering Republicans has blanketed the state in recent weeks by the same operatives who make a living attacking "big money Republicans."

The group's cartoonish propaganda is laughable to anyone paying attention, but we are counting on a lot of people to do their homework to see past the smokescreen. Fortunately, their nonsense was so over the top, a significant number of people have done just that.

"Kentucky Family Values" supports candidates with lies to prop up a failed ideology that has kept Kentucky corrupt and backwards for decades longer than it should have. Informed citizens will do well to make sure such left-wing Pinocchio factories waste their money.

Kentucky Dems still faking Obama-enthusiasm

Associated Press Frankfort Bureau chief Adam Beam wrote an article today about Kentucky's ObamaCare premium increases on the vast majority of people signed up on the illegal ObamaCare "exchange and Gov. Steve Beshear still can't give a straight answer about the mess he has made.

Obamacrats have insisted since the beginning of ObamaCare that any judgments on the program's performance are either premature or too difficult to do, or both, unless the judgment is positive toward them or their mess. Beshear tried to explain away massive rate increases coming in 2015 by claiming that because rate increases vary from case to case that they can't really be discussed.

The vast majority of people who purchased exchange health plans in 2014 are facing at least a fifteen percent rate increase in 2015. We know that much. Beshear also very helpfully explained that one person with a sixty dollar subsidized monthly premium and a six percent rate increase would face only a $3.60 a month hike, if their subsidy stays the same.

That's a huge "if" combined with a hypothetical that doesn't apply to anyone. Besides, should their subsidy be decreased or go away completely, someone in a similar hypothetical situation could see their premium increase two hundred dollars a month or more.

While I'm glad to see one Frankfort reporter at least take a stab at this story, the lack of journalistic seriousness devoted to ObamaCare remains quite disappointing.

Kentucky's hidden 250,000 dependents

Kentucky's "Kynectors" have been signing people up for ObamaCare faster than you can say perjury since they first reported 521,000 people signed up for the program as of July 31.

So why are they still telling us the number is 521,000?

The real number is closing in on 800,000. At this rate we should have a million Kentuckians illegally signed up for ObamaCare Medicaid by the end of 2014. They won't publicize this for fear someone else might do the math and realize the next Governor will immediately step into the mother of all budget messes his or her first day on the job.

Our lawsuits continue to move forward to stop this nonsense. I'm writing briefs for the Kentucky Court of Appeals right now.

Unfortunately, I need money very quickly to keep going. Please click here and donate whatever you can today. Any amount will make a difference. I will fight this to my last breath, but I really could use some help right away.

McConnell should finish Medicaid answer

Mitch McConnell won the ObamaCare portion of last night's debate by default when Alison Grimes lauded Gov. Steve Beshear's "courage" for illegally implementing optional provisions of the "Affordable Care Act," but it wasn't the knockout it could have been.

"With regard to the Medicaid expansion, that's a state decision," McConnell said. "States can decide whether to expand Medicaid or not. In our state, the Governor decided to expand Medicaid and that..."

McConnell was cut off there by KET debate moderator Bill Goodman. If McConnell does not wish to support Kentuckians fighting against illegal implementation of the Medicaid expansion here, he might make that clearer than he already has by finishing his sentence. I suspect, however, that he never will.

I don't have much of a problem with the word games McConnell is playing with the "Kynect" implementation. Obamacrats don't want to call him on saying the state could keep it because they don't want to draw any more attention to the fact that they need huge amounts of federal dollars to maintain even a facade of viability for the exchange. McConnell could stand up for the rule of law on this issue, but expecting him to start that now is perhaps setting the bar too high.

Herald Leader questions for state House candidates

The Lexington Herald Leader has sent the following questions to state House candidates around the state. Included with each question are my answers.

Should the Kentucky Constitution be changed to automatically restore voting rights to most felons who have completed their sentences and terms of probation?

Maybe, but I'm not as concerned about this as I am the unnecessary stigma for life placed on people convicted of nonviolent crimes that have been illegitimately deemed felonies. The damage this does to Kentuckians has a much more negative impact on our state than problems caused by some people having to apply to get their voting rights restored.

Would you vote to continue or reverse an expansion of Medicaid eligibility in Kentucky under the federal Affordable Care Act?

Reverse. We can't afford the massive expansion of Medicaid created by ObamaCare, it was not implemented legally and the entire legislature has already defunded it. The only reason anyone is still talking about this is because Gov. Beshear refuses to follow the law.

Do you support or oppose a statewide ban on smoking in public places and places of employment?

Oppose. Banning legal activity by adults on private property is not a proper function of the legislature.

Do you support or oppose prohibiting discrimination based on gender identity or sexual orientation in employment, housing and public accommodations?

Oppose. Telling employers who to hire, landlords who to rent to and business owners who to serve is not a proper function of the legislature.

Do you support or oppose a proposal that would require a doctor to present the results of an ultrasound to a pregnant woman prior to an abortion?

Support. Anything that might limit instances of this barbaric practice needs to be tried. Ultrasounds are already required in Kentucky. What other states have found is that requiring informed consent prior to an abortion leads to fewer abortions being performed.

Should Kentuckians be allowed to use marijuana for prescribed medical purposes?

Yes. The prescription drug Marinol, a synthetic version of THC, is already legal and marijuana can be grown in Kentucky and distributed here at a lower cost. Limiting agriculture production is not a proper function of the legislature.

Do you support or oppose raising Kentucky’s minimum wage to $10.10 an hour?

Oppose. Mandating wage levels is not a proper function of the legislature.

Do you support or oppose changing state law to allow people to work in businesses that have unions without joining the union or paying union dues?

Support. Requiring membership in a union is not a proper function of the legislature.