Text of Kentucky Common Core lawsuit

COMMONWEALTH OF KENTUCKY
FRANKLIN CIRCUIT COURT
DIVISION ___
CIVIL ACTION NO. 13-CI-______

David Adams        PLAINTIFF,

v.     COMPLAINT

COMMONWEALTH OF KENTUCKY,     DEFENDANTS
OFFICE OF THE GOVERNOR, Steven L. Beshear,
OFFICE OF THE SENATE PRESIDENT, Robert Stivers,
KENTUCKY BOARD OF EDUCATION,
Roger L. Marcum

COUNCIL ON POSTSECONDARY EDUCATION, Robert L. King

EDUCATION PROFESSIONAL STANDARDS BOARD, Cassandra Webb

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

Serve: Senate President Robert Stivers
Office of the Senate President
702 Capitol Ave
Annex Room 236
Frankfort KY 40601

Serve: Roger L. Marcum
Kentucky Board of Education
Office of the Commissioner of Education

500 Mero Street, 1st Floor CPT
Frankfort, KY 40601

Serve: Robert L. King

Council on Postsecondary Education
1024 Capital Center Drive, Suite 320
Frankfort, KY 40601

Serve: Cassandra Webb

Lawrence County Board of Education
50 Bulldog Lane
Louisa, KY 41230

---------------------------------------------------------------------------------------------------------------------------

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, Senate President Robert Stivers, in his official capacity as President of the Senate, Roger L. Marcum, in his official capacity as Chairman of the Kentucky Board of Education, Robert L. King, in his official capacity as President of the Council on Postsecondary Education and Cassandra Webb, in her official capacity as chairwoman of the Education Professional Standards Board respectfully states as follows:

I. NATURE OF ACTION

 1.  This is a civil action for declaratory and injunctive relief relating to Defendants' acceptance of Common Core State Standards. Plaintiff seeks injunctive relief in the form of a court order reversing Defendants' illegal acceptance of Common Core State Standards and forbidding any continued action relating to same until such time as specific legislative approval is granted.

 2.  Time is of the essence in resolving this issue because substantial public resources have been and are currently being devoted to implementation of Common Core despite a clear constitutional mandate intended to provide for an efficient system of common schools. Continued delay in limiting the state officials’ activities in this matter to within the scope of Kentucky law and the Constitution of the Commonwealth of Kentucky sets a terrible precedent for ignoring constitutional  limits on executive and legislative 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 Plaintiff.

 4.  As a result of the actions of Defendants, Plaintiff respectfully seeks a temporary and permanent injunction against Defendants' continued implementation of Common Core until such time as the General Assembly provides appropriate legislation to restore constitutionally mandated efficiency to the Commonwealth's system of common schools.

II.  THE PARTIES

 5.  David Adams is a taxpayer and citizen of the Commonwealth of Kentucky and parent of two students in Jessamine County Schools.

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

 7. Senate President Robert Stivers is sued in his official capacity as Senate President of the Commonwealth of Kentucky and a member of the Executive Branch of government pursuant to Section 85 of the Constitution of the Commonwealth of Kentucky.

 8. Roger L. Marcum is sued in his official capacity as Chairman of the Kentucky Board of Education.

 9. Robert L. King is sued in his official capacity as President of the Kentucky Council on Postsecondary Education.

10. Cassandra Webb is sued in her official capacity as Chairwoman of the Education Professional Standards Board.

III. JURISDICTION

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

IV. FACTUAL ALLEGATIONS AND BACKGROUND

 A. Common Core State Standards

 12. On February 10, 2010, Defendants announced acceptance of Common Core State Standards despite the fact the standards had not yet been written. Subsequent obligations of the Commonwealth related to Common Core could not be known then and still cannot in order to reasonably determine the efficacy for their implementation. 

  13. The Constitution of the Commonwealth, in Section 183, places responsibility for providing an efficient system of common schools upon the legislature. The Kentucky Supreme Court clarified this to mean "common schools shall be monitored by the General Assembly to assure they are operated without waste, duplication, mismanagement or political influence." Rose v. Council for Better Education, Inc. (Ky. 1989) 790 S.W.2d 186. By failing to intervene when Defendants obligated Kentuckians to unspecified mandates, duties, responsibilities and costs related to Common Core, the General Assembly violated Section 183.  

V. CLAIMS FOR RELIEF

 14. Plaintiff seeks declaratory relief pursuant to KRS 418.040. Plaintiff seeks a judicial determination of the rights and duties of the parties with regard to an actual controversy arising out of Defendants' acceptance of Common Core State Standards without sufficient knowledge or understanding of the costs of such action in violation of state law.

 15. David Adams seeks injunctive relief relating to Defendants' illegal acceptance and implementation of Common Core State Standards, namely reversal of such acceptance and implementation until such time as the General Assembly grants approval of same by appropriate legislation. 

VI. PRAYER FOR RELIEF

 WHEREFORE, Plaintiff prays for relief as follows:
 1. Plaintiff requests the court enter a judgment declaring the legislature erred in failing to prevent acceptance and implementation of Common Core State Standards by Defendants and that such acceptance must be rescinded and that such implementation must cease and be reversed until such time as the General Assembly makes a determination by appropriate legislation specifically regarding efficiency in the Commonwealth's system of common schools pertaining to standards, curriculum, best practices and testing.

       Respectfully submitted,

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

 

    CERTIFICATE OF SERVICE

This certifies the forgoing was served this 12th day of  November, 2013 via U.S. Mail upon:

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

Serve: Senate President Robert Stivers
Office of the Senate President
702 Capitol Ave
Annex Room 236
Frankfort KY 40601

Serve: Roger L. Marcum
Kentucky Board of Education
Office of the Commissioner of Education

500 Mero Street, 1st Floor CPT
Frankfort, KY 40601

Serve: Robert L. King

Council on Postsecondary Education
1024 Capital Center Drive, Suite 320
Frankfort, KY 40601

Serve: Cassandra Webb

Lawrence County Board of Education
50 Bulldog Lane
Louisa, KY 41230

       _________________________________
      
       David Adams

Dear Virginia, Terry McAuliffe can't be Santa Claus

Left-wing pundits are all atwitter at the idea the Governor-elect of Virginia can swoop in and make another ObamaCare state by unilaterally forcing them into the Medicaid Expansion. He can't, and that might have an impact on Kentucky.

Expanding Medicaid in Virginia can't legally happen without full legislative approval, which is extremely unlikely to happen with a solid Republican majority in the House and an evenly divided Senate. But Terry McAuliffe could follow the lead of Kentucky Gov. Steve Beshear and attempt to implement it illegally, daring anyone to challenge him.

The immediate legal issue for McAuliffe if he tries this would expose a second big ObamaCare lie. While everyone knows you can't keep insurance you like, few realize the promise that federal benevolence will absorb 100% of Medicaid costs for the first three years of ObamaCare depends on a rather imprecise definition of "100%."

In other words, McAuliffe would need -- as Beshear has already quietly admitted to -- gobs of money right away, without legislative approval, to pay increased state Medicaid administration costs necessitated by the massive expansion of Medicaid under ObamaCare.

Ken Cuccinelli famously filed a lawsuit against ObamaCare on the day it was passed. He should get going on this one, too. Kentucky's legal challenge is soon to be heard by the state's Supreme Court.  

Tell Beshear to reverse Humana $65,430 truth tax

Governor Steve Beshear should apologize to Humana customers and return to them the $65,430 fine extracted in September when the company advised policyholders on delaying negative impacts of the federal health law. Beshear's chief insurance thug Sharon Clark said at the time Humana was misleading people by telling them ObamaCare rates would be much higher in 2014.

"Beshear could get away with calling the truth a lie in September in this instance, but he can't now," said David Adams, plaintiff in two lawsuits fighting illegal implementation of ObamaCare in Kentucky. "The money for that fine hurts Humana customers and should be returned to this Kentucky company right away. Beshear's criminal activity must stop."

Is Kentucky ready for Damon Thayer?

Talking head speculation about ObamaCare cheerleader Kentucky Gov. Steve Beshear being appointed to replace Kathleen Sebelius as Secretary of Health and Human Services brings up the possibility of an unprecedented shake up in Frankfort.

If Beshear goes to Washington D.C., per Section 84 of the Kentucky Constitution, Lieutenant Governor Jerry Abramson would finish up his term and then go away. He has said he will not run for Governor in 2015.

And under Section 85, Senate President Robert Stivers would ascend to the office of Lieutenant Governor for the remainder of Abramson's term, likely ending his political career.

The leadership vacuum this creates in the executive branch is far less interesting than what would happen then in the Kentucky state Senate. If Senate Majority Floor Leader Damon Thayer was then elected by his fellow Senators to the office of Senate President, he would have the opportunity to transform the state refusing to enact a budget that doesn't fix some of Kentucky's biggest problems like real pension reform, wildly excessive accumulation of debt and by putting to rest any potential lingering doubts about illegal attempts to fund ObamaCare.

Step away from Medicaid mirage, Gov. Beshear

While President Obama begins to get grief because the media is catching on to some of his fact-challenged health reform claims, Gov. Beshear grits his teeth hoping they won't notice his.

Specifically, Beshear has claimed repeatedly the state will incur no costs for Medicaid expansion for ObamaCare's first three years. Meanwhile, national media types are figuring out Medicaid will crush state budgets in the 26 states dumb enough to opt in to the Medicaid expansion.

Even that analysis is inaccurately rosy because it ignores the immediate new Medicaid costs to states under ObamaCare. Privately insured people with low incomes are forced into Medicaid immediately under ObamaCare and states don't get an enhanced federal match for costs of treating those people. States must absorb 100% of new Medicaid administration costs immediately under ObamaCare. In Kentucky, those costs will be over $40 million in calendar year 2014 and get higher after that.

KRS 205.520(3) requires that the Medicaid expansion be implemented only after legal administrative review as defined by KRS 13A. Because there is no legal mechanism for getting out of the Medicaid expansion once we go in, any review process we start now can't be legitimate. State law requires that a public hearing must be held on the expansion of Medicaid and KRS 13A.270(11) specifically requires that such a hearing must "guarantee each person who wishes to offer comment a fair and reasonable opportunity to do so." But there is nothing "fair and reasonable" about a process that can only have one outcome. To allow such a thing is to ignore Section 2 of the Kentucky Constitution and its unambiguous prohibition of absolute and arbitrary government. Had Gov. Beshear initiated this process on May 9 when he had his "Medicaid expansion" press conference, this process could have been initiated and completed legitimately and lawfully. Now, it can't. Gov. Beshear has a lot invested now in his bizarre claims of victory with ObamaCare, but Kentuckians have far more at stake in seeing that his ill-gotten powers be removed from him before he can do any more harm.

When the truth is "complicated"

An unnamed former Obama Administration official today summed up big government criminality perfectly in a front-page Wall Street Journal article with the following quote: "You try to talk about health care in broad, intelligible points that cut through, and you inevitably lose some accuracy when you do that."

The American people do not bestow power upon elected officials so they tell lies to get their policy wishes to "cut through."

The broad, intelligible point we all need to take home from the ObamaCare debacle loses absolutely no accuracy in the cutting through: there is no role for the federal government in healthcare in America. None whatsoever.

Any questions?

State thugs merely "providing new versions"

The Courier Journal screams 32,000 lucky Kentuckians have enrolled in ObamaCare in its first month, but you really should read the story, which tells a different story.

A great line: "Officials said 'enrolled' does not necessarily mean purchased."

We also learn from the story that "more than 85 percent of enrollments have qualified for expanded Medicaid." And since ObamaCare makes it illegal for anyone who qualifies for Medicaid to buy health insurance on an exchange, that means still fewer than 5000 Kentuckians have even enrolled.

And then there is this:

Tea Party activist David Adams, who has sued in an attempt to stop Kentucky’s health exchange, said the sign-ups were nothing to celebrate, given that more than 600,000 uninsured Kentuckians are eligible for coverage.

“If this was a no-brainer salvation for the state, you’d be seeing more people purchasing coverage,” he said.

He also said that nearly 300,000 residents are seeing individual plans discontinued because of Obamacare’s insurance requirements, and in some cases offered only more expensive options.

Kentucky Department of Insurance officials said those people aren’t being dropped, but rather offered new versions of their plans. They can also choose to shop for a new plan on the exchange.

I actually love this. Those 300,000 Kentuckians getting cancellation notices from their insurance companies mandated by ObamaCare should be very relieved to know that they haven't been "dropped," but merely given a "new version" of coverage with features they don't want and premiums far in excess of their former plans.

The applicability for this kind of government word game is practically endless. Your taxes aren't going up, you are being offered new versions of poverty. Your rights aren't being infringed, you are being offered new versions of force.

Remember, we get the kind of government we tolerate.

Beshear tries to move ObamaCare goalpost

While President Obama was pilloried this week by national media just figuring out he had lied to them about people being thrown off their insurance plans and forced into much more expensive ObamaCare, it nearly escaped notice that hundreds of thousands of Kentuckians face the same catastrophe.

CNN singled out Kentucky as one of the worst states for this man-made disaster, but ObamaCare cheerleaders in Kentucky's media were too busy waiting for marching orders from Gov. Steve Beshear. Today, they got them: change the definition of success.

We know Kentuckians have been very hesitant to embrace ObamaCare by actually purchasing it or even accepting the "free" Medicaid expansion. Beshear knows we know too, but he still hopes we are stupid and not paying attention.

"The hundreds of thousands of web site visitors proves that Kentuckians are not only interested in affordable healthcare, they can't wait to get it," Beshear said today. "I've been traveling the state along with members of my Cabinet to encourage citizens and businesses to find out about affordable healthcare coverage. Through the Affordable Care Act, we will make healthcare available to every single citizen of this Commonwealth."

Someone should introduce the Governor to the concept of a "conversion rate." Attracting visitors to the ObamaCare web site but converting only a very few into becoming customers -- even for a free product -- would create concern in the mind of anyone in the private sector. Beshear wants you to see it as proof of success, but there is no legitimate way to do so.

And before anyone else touts growing numbers of customers for Kentucky ObamaCare, lets realize that the first 300,000 or so that they wind up with wouldn't have been shopping for new coverage at all if the federal healthcare takeover law hadn't first kicked them to the curb. At its current rate, it would be years before Kentucky ObamaCare simply gets us back up to the number of insured Kentuckians we had before ObamaCare,  much less covers "every single citizen."

Go back to trying to silence concerned citizens, Governor.

Beshear trick-or-treats as "Brainless Horseman"

Two weeks ago, we uncovered details of Gov. Steve Beshear's illegal and unconstitutional plans to blow at least $21.5 million of state money on ObamaCare in the first six months of 2014.  Beshear's own attorney entered details of this plan into the court record, though he apparently didn't even realize he did it.

Having evidence of this illegal activity fall into my lap was somewhat unexpected. Hitting a stone wall of resistance when asking budget staffers for Beshear's legal justification was not.

But it was a very funny surprise this morning to get a strongly-worded email from Beshear's attorney telling me to stop snooping around or else.

In his letter, attorney Patrick Hughes for the Governor informed me that he had previously "outlined the appropriate protocols for information requests in pending litigation." This weightless piece of legalese means the Governor doesn't want me asking questions. He goes on to say "the above-referenced litigation is currently pending in the Kentucky Court of Appeals, and as such, the discovery period has ended."

What Beshear's goon fails to realize is my latest question doesn't involve this case at all, but the next one -- should it be necessary. Kentucky's Medicaid expansion under ObamaCare is already illegal. If the state Supreme Court doesn't resolve that issue this year, then next year they will have to deal with the illegal expenditure of state funds, a legally distinct issue. We have Beshear on his heels, but he is clinging to the hope we somehow won't notice and won't stay engaged in the fight. Please support the effort by clicking here and donating what you can.

Kentucky ObamaCare's Theater of the Absurd

To call Kentucky's media coverage of ObamaCare horribly embarrassing is an insult to what any parent felt watching Miley Cyrus "perform" at the Video Music Awards. Gov. Beshear has ignored the law, lied in court, helped blow up our health insurance market and then took off on a national barnstorming tour declaring victory over the wreckage with no meaningful media scrutiny whatsoever.

But all that was before Murray State University's NPR station got involved today with a story headlined: "More West Kentuckians than expected sign up for Kynect."

The story in no way backs up the crazy false headline, but it does pile on some additional crazy. And falsity.

Apparently something called West Kentucky Allied Services has received 300 applications through the state's ObamaCare web site. Seriously, that's the big news in this story. That doesn't even mean 300 people have actually signed up for anything. Or ever will.

The story then quotes program manager Jackie Eubanks gushing "Our governor embraced the program from the very beginning" and concluding "folks at the state seemed to be pretty well organized."

The story concludes with Eubanks stating that people who don't get federal subsidies for their ObamaCare health coverage "pay prices equivalent to those found on the open market."

Asking this reporter or the program manager what that even means would be equivalent to watching drunk college kids on The Tonight's Show's "JayWalking" segment.

You can read the story here.

Jack Conway and his penny loafers

Just sent a request for an attorney general's opinion to AG Jack Conway, who wants to be governor after ObamaCare hero Gov. Steve Beshear retires in 2015. What follows is the text of the request:

Jack Conway,

On page 25 under paragraph (c) of Regulation 907 KAR 20:100 filed for consideration September 30, 2013 by Governor Beshear, tens of millions of dollars in immediate, new unappropriated Medicaid administration costs are described in detail. I have requested of the Governor to know where will that money come from in the current budget and by what statute is its expenditure justified, but have received no answer. In your opinion, is such an unappropriated expense -- created as this is without following proper administrative review procedures as required by KRS 13A -- a lawful function of a governor's executive powers?

Thank you for your consideration and swift response to this important issue as it clearly needs immediate resolution.

David Adams

I can't doubt Conway at this very moment is hiding in a men's bathroom stall in the State Capitol with his feet up on the toilet seat hoping no one can find him to ask an ObamaCare question. Nevertheless, answering questions like this is what he is paid to do. Waiting...

A Kentucky ObamaCare question

Gov. Beshear has said many times Kentucky will incur no costs for the ObamaCare Medicaid expansion until 2017 and state media has unquestioningly repeated the claim many times as well.

We know that is false.

I just sent the following email to Vicki Goins, Policy and Budget Analyst for the Health and Family Services Cabinet in Gov. Beshear's Office of State Budget Director:

Vicki,

 

On page 25 under paragraph (c) of Regulation 907 KAR 20:100 filed for consideration September 30, 2013 by Governor Beshear, tens of millions of dollars in immediate, new unappropriated Medicaid administration costs are described in detail. Where will that money come from in the current budget and by what statute is its expenditure justified?

 

Thanks,

 

David Adams

859-537-5372 

Kentucky ObamaCare crash and burn

Kentucky's media folks are setting the bar on the ground and rolling Beshear's ObamaCare operation over it in order to manufacture a victory.

The numbers they reported today are horrible: 26,174 "enrolled" in three weeks and 21,342 of those are in Medicaid. First, much of this is fraud. But even if we take it all at face value, this means only 4832 Kentuckians got health insurance in three weeks from a program that has been hyped, subsidized, editorialized, memorialized and tearfully praised across the nation and by President Obama himself. That's barely 200 people a day for what is supposed to be a no-brainer and practically free. And some 1000 a day into Medicaid with no cost.

They literally can't sell this stuff and can barely even give it away.

And the puny distribution is really beside the point. If the Kentucky Supreme Court does not follow the law and throw this whole mess out, the 2014 General Assembly must BOTH ratify Beshear's bogus executive order redux - in and of itself illegal - and fund the exchange's operations and those of the Medicaid expansion in the 2014 budget bill. There is no way either of these things will happen.

Best case scenario, Beshear will be back in court next year defending his violations of state law with his opportunity to sell the unseen no longer an option.

Whitewashing Kentucky's ObamaCare disaster

New York Times reporter Abby Goodnough has done more in-depth research on Kentucky's ObamaCare mess than any other ten "reporters." Still, she hasn't reported anything of substance even though she has contributed to several stories mentioning the unfolding federal health takeover.

As of tonight, she has more than enough to blow the lid off the whole thing.

What say you, Abby Goodnough?

Beshear sues House Speaker Stumbo and Senate President Stivers over Kentucky ObamaCare

Kentucky Gov. Steve Beshear has turned on fellow Democrat and state House Speaker Greg Stumbo and Senate President Robert Stivers in a court filing questioning their standing in a suit challenging Beshear's attempt to unilaterally effect the ObamaCare Medicaid expansion here.

"This cross-appeal is also being taken against the Office of the Senate President, Robert Stivers and Office of Speaker of the House, Gregory Stumbo who are both the other Cross-Appellees," said Beshear through his attorney in a brief filed in Franklin Circuit Court (Case number 13-CI-000605 10/11/13).

"Beshear depends very heavily on the media continuing to not pay attention or give any thought to the ramifications of his illegal shenanigans," said plaintiff David Adams. "I'm glad to see these idiots turning on each other and they could all benefit from a few kicks from the proverbial mule."

For further information about this internecine war, contact Beshear's attorney Patrick Hughes at 859-341-1881 and Stumbo/Stivers' attorney Laura Hendrix at 502-564-8100. I'm sure they'd be glad to explain it all to you.

Frankfort's reproductive dysfunction

Gov. Steve Beshear is demanding a forty percent increase in Kentucky's Medicaid Administration budget in the current fiscal year without legislative approval but also now without the objection of even one Republican official in state government.

 

"If only one Frankfort Republican had the testicular fortitude to stand up to Gov. Beshear and ObamaCare, we could stop it in five minutes," said David Adams, lead plaintiff in two lawsuits to stop Beshear from illegally implementing the federal healthcare takeover in the Bluegrass State. "I'm even more disgusted by Republican inaction than I am by Democratic action. Frankfort's surrender caucus is astonishingly unprepared for this constitutional crisis."

Christmas in October in Kentucky

Governor Steve Beshear says he needs $21 million for Christmas and he thinks you are Santa Claus.

In a document filed quietly with the Regulations Compiler in the basement of the Capitol Annex late last month and not yet posted to the internet, Beshear stated that ObamaCare will cost the state $21.5 million in the first six months of calendar year 2014 just for administrative expenses related to the Medicaid expansion.

There is no appropriation in the current state budget for this little surprise, which every pro-ObamaCare Democrat has been insisting for years would cost Kentucky nothing.

"If the corrupt bunch of crackers running this state gave a damn about the rule of law, this would be front page news," said David Adams, the Kentuckian suing the Governor in state court to stop his illegal implementation of the ObamaCare Medicaid expansion.

Louisville Courier Journal still owes us one

On September 30, when the Louisville Courier Journal's Joe Gerth wrote a column inaccurately describing my legal effort to stop Gov. Steve Beshear from illegally implementing, I asked the paper's editors for space to respond. They agreed to my request to print a 600 word response.

On Tuesday October 8, I emailed to the Courier a 593-word essay. I was asked to change one word in the second sentence to clarify that I am indeed personally involved in the legal effort underway currently. I did so and was then informed that my column would appear in the paper on Friday October 11. And it did.

Well, most of it. I read it quickly in the paper's online edition on Thursday night and remember thinking briefly that it didn't flow quite like I thought it did when I wrote it. But I didn't take time to think about it. Later, when I purchased a hard-copy version of the paper, I was surprised to notice a huge graphic at the top of the page, which usually indicates a shortage of content for the space.

Then, I read my column again and realized parts were missing from what I wrote. Pretty important parts.

You can click here and read what the Courier printed and then click here and read what I sent them. The version that made it into the paper is 558 words long.

The first thing removed was a complete sentence contemplating a new lawsuit against Beshear if he continues his illegal activity for a second year. That sentence read: "That suit would be distinct from the first in undisputedly involving expenditure of unappropriated funds." This is an important piece of information because a huge part of Beshear's legal argument is that in 2014, Kentucky's "exchange" is spending dollars given to it by the federal government. At the end of the year, those funds are gone and, unless Senate Republicans suddenly lose their minds and become Obama supporters, they won't be replaced by legally appropriated dollars.

The next altered segment was the following sentence, with everything past the comma removed: "The 2015 Kentucky gubernatorial race would then be substantially about ObamaCare, another prospect Democrats might relish now in their health reform utopian denial, but which reality just might bring home colored differently by then." This is significant because Democrats really need to start considering the millstone ObamaCare will be around their necks when it not only doesn't fix Kentucky's access to healthcare challenges, but actually makes them worse. Gov. Beshear's heady victory tour and caustic rhetoric for ObamaCare opponents may be lots of fun to watch now, but the aftereffects really won't benefit anyone, particularly if we don't resolve this festering problem of an executive who really seems to believe the law doesn't apply to him.

Merely replacing Beshear with a Republican who inherits the same illegitimate power we could and should take away now is a disaster in the making for Kentuckians of all political stripes. Making that point was the purpose for writing the column I wrote in the Courier. Attempting to lessen the impact of my essay, as the Courier did, serves only a lawlessness we should all agree to oppose.

Beshear's bad ObamaCare timing

Kentucky Governor Steve Beshear really doesn't want to hear you complain about ObamaCare anymore.

In two state court challenges to Beshear's illegal ObamaCare implementation earlier this year, he asked for citizen complaints to be rejected because, he said, we don't have the right to complain against his official actions regardless of their illegality. Of course, his anti-American argument was rejected twice.

Apparently, Gov. Beshear wants another bite at the apple.

Late Friday, Beshear filed a last-minute appeal to ask the Kentucky Court of Appeals to muzzle us by ruling citizens don't have legal standing to sue the governor when he violates state law. Beshear's legal team, which is paid for by taxpayer dollars, is simply trying to distract attention from his attempt to throw us into ObamaCare without legislative approval and delay further the legal butt-kicking he and his absurd arguments so richly deserve.

And he is trying to do this now that the ObamaCare health insurance premiums are available for all to see how ridiculously unaffordable they are, despite his wild, unfounded promises that hundreds of thousands of us would benefit. So if you are keeping score, that's illegal official actions blowing up Kentucky's health insurance market at great expense to taxpayers, lying to cover it up and now multiple attempts in the media and in court to tell Kentuckians to sit down and shut up.

Just keep talking, Governor.

Why Boehner and McConnell keep trying to cave on ObamaCare

 

As paltry ObamaCare registration numbers continue to roll in from across the nation, a mostly ignored aspect of the federal health mandate deserves a closer look: who gets all the tax penalty money.

 

"Pundits took for granted projections touting many millions gaining access to 'affordable' coverage were remotely accurate, but instead even the most highly subsidized ObamaCare plans remain out of reach for low-income people who will instead be subject to tax penalties," said David Adams, tea party activist. "It's an enormous regressive tax creating a slush fund from these powerless and voiceless people the Beltway establishment politicians have no use for, and that applies equally to Democrats and Republicans."

Kentucky ObamaCare turnabout

 

 

Kentucky Democrats may soon turn against ObamaCare in the interests of self-preservation.

 

If Kentucky's state-run health insurance exchange survives a legal challenge headed now to the Commonwealth's Supreme Court, it will then face a stiff immediate challenge in January.

 

Under KRS 12.028, the 2014 General Assembly must ratify Governor Steve Beshear's Executive Order 2013-0418, which belatedly "created" the Kentucky Health Benefit Exchange to run ObamaCare here. The Republican majority in our state Senate is not at all likely to give the health reform scheme their stamp of approval. We know that because Senators faced the same opportunity in 2013 with Gov. Beshear's Executive Order 2012-0587, which first attempted to create the Exchange. The House and Senate both refused to ratify that request. Beshear's insistence on continuing with ObamaCare implementation without proper approval sparked the lawsuit to stop him. His subsequent move to reissue the expired earlier executive order showed contempt for the legislature (the people's representatives) and also violated state law KRS 12.028(5).

 

If the Kentucky Supreme Court does not clean up this constitutional mess and legislative opponents of ObamaCare do not effectively reassert their improperly silenced voices, Democrats may soon wish they had. By subverting the legislative process in reorganizing state government without the legislature's imprimatur, Beshear set precedent for the next governor to do the same. And our next governor just might be a Republican.

 

Imagine the uproar on the left if in early 2020 a second-term conservative Republican governor filed executive orders making Kentucky a right to work state, repealing prevailing wage laws and seriously addressing pensions. If he then dared opponents to file lawsuits confident that his appointees to the state Supreme Court would back him up, today's Democratic leaders would have no one but themselves to blame.

If the legislature does not provide a new ObamaCare tax in the 2014 budget for the Exchange to continue in existence in 2015, it won't be able to operate. Most members of the legislature in both parties will have no incentive to bail out Obama in an election year. Frankfort Democrats seem to not yet have considered this.

 

Frankfort Republicans appear not to have thought much about it, either. At a recent luncheon in Lexington, Senate Majority Floor Leader Damon Thayer pondered an imminent state budget stalemate over ObamaCare funding by suggesting erroneously that under such we would risk "letting Steve Beshear run the government," referencing a Kentucky Supreme Court decision which actually states "the mere existence of a law does not mean that it must be implemented if doing so requires the expenditure of unappropriated funds."

 

Once this legal misunderstanding is worked out among Republicans, it's clear ObamaCare will be struck down by the General Assembly for the second year in a row. If Beshear refuses yet again in 2014 to shut down ObamaCare as the people's representatives demand, such action would generate conditions favorable for another lawsuit. That suit would be distinct from the first in undisputedly involving expenditure of unappropriated funds. Beshear's only pathway forward at that point would be to issue yet another executive order, setting the stage for another legal fight in another year -- his last in office. The 2015 Kentucky gubernatorial race would then be substantially about ObamaCare, another prospect Democrats might relish now in their health reform utopian denial, but which reality just might bring home colored differently by then. So for now, Kentucky Democrats should decide if they want to misuse authority to hold power they can't keep or reject the abuses of one of their own in order to prevent creation of a nasty turnabout forged by their own hands. 

Rand Paul should Ditch Mitch

It is time for Sen. Rand Paul to distance himself from Mitch McConnell.

 

Sen. McConnell made news this week for calling conservatives "traitors," losing an already questionable endorsement from an out-of-state tea party, and continuing to push Republicans to give up the battle against ObamaCare. Rand Paul does not need McConnell badly enough to put up with this craziness.

 

"Rand's political career got its first big boost opposing McConnell's bank bailout," said David Adams, tea party activist. "He has signaled his independence repeatedly with his actions in Washington D.C. and now we need our Tea Party Senator to step up and help us get rid of the last leader of lemmings from Kentucky."

Beshear's InvalidateGate heating up

Kentucky Gov. Steve Beshear's illegal and insanely expensive attempt to ram ObamaCare down Kentuckians' throats is finally starting to get some media attention. The key point is that he is subverting the Constitution of the Commonwealth of Kentucky and seeking to invalidate the people's voice, the legislature.

Scandal, I dub thee "InvalidateGate." Much more to come on this.

For now, here is WHAS11 video of me responding to a direct question about what Beshear is trying to do to us and then him responding by trying to change the subject.

Frankfort's head in sand ObamaCare game not working

We interrupt your regularly scheduled media whitewash with lesson in basic news gathering

Lost in the hoopla about ObamaCare starting on Tuesday was real information about consumer reaction. Data released by various states seemed to show some interest in details about available health plans, but pretty low conversion into actual completed applications.

But that's as far as the reporting went. There remains nothing substantial in the media about ObamaCare costs for consumers, though we have tried to get them to examine what is now available to everyone.

So how is the public really responding to this? Are they actually buying it? What are they buying and why?

Can't find out if you don't ask, so we asked:

Kentucky is Ground Zero for new fight

Gov. Steve Beshear needs a bailout for his ObamaCare health exchange already and he is not likely to get it.

 

Kentucky will be charged with generating tens of millions of dollars to fund the new bureaucracy starting January 1, 2015, which means House Democrats and Senate Republicans must agree in the upcoming budget session starting in three months to find that money and then spend it on ObamaCare.

 

Fat chance.

 

"Gov. Beshear created this mess illegally and I hope the Kentucky Supreme Court clarifies the law for him very soon, but even if they don't there is no way the legislature plays along with this fool's errand," said David Adams, plaintiff in two ongoing lawsuits against ObamaCare in Kentucky.

 

"This is national news if you think about it at all," Adams said. "Kentucky is ground zero for stopping ObamaCare and this is just the beginning for dismantling big government in America with proper use of constitutional protections. Stay tuned."

Kentucky Obamacrats have until 6:00 am when truth hits

Yahoo.com's Marketwatch has an odd post up headlined "The 50 states of ObamaCare." It seeks to provide some insight into ObamaCare health premiums, but is unclear and meaningless in its analysis. That said, the most noteworthy aspect of this "50 state" snapshot is that it doesn't include numbers from all fifty states.

That's because Kentucky is still hiding their rates.

From the article:
"The report analyzed rates in 47 states and Washington, D.C., including those already released by states running their own exchanges, as well as prices in 36 states where the federal government is running the marketplace. Hawaii, Kentucky and Massachusetts have yet to disclose their rates."

All the blustering about ObamaCare being a great thing in Kentucky smacks hard into reality starting at 6:00 am when the Kentucky Health Benefit Exchange web site goes live.

Tea Party stirs, wags, dominates

President Obama didn't just look small bellyaching about the Tea Party kicking him and the ruling class politicians in both parties around Washington D.C. He was dead wrong.

“One faction of one party in one house of Congress in one branch of government doesn’t get to shut down the entire government,” Mr. Obama told reporters Monday afternoon at the White House.

Check a copy of the United States Constitution, Mr. President. Don't hate the players, hate the game.

Tomorrow's not just another day

 

Governor Beshear continues ObamaCare trash-talking today in the Washington Post with a statement whose shelf life expires tomorrow:

 

"But I think opponents of the law are scared to death of being in position a year from now, where people look at them and wonder what all the noise was about as they sit here with an insurance policy that they can afford,” he said. 

 

We won't need a year, Governor. When the premiums for ObamaCare health plans are made widely available tomorrow, people will know that the "noise" is about shutting this ridiculous scheme down. Even with federal subsidies, the exchange plans are not going to be affordable. I have had these rates for three weeks. As soon as consumers consider the deductibles and co-payment requirements of these plans, they will understand why this critical information was kept from them for so long.

 

I will be at the Beshear ObamaCare pep rally at 10am in Louisville and look forward very much to seeing Kentucky media there and hearing all the excuses from Beshear and friends. Meanwhile, our two lawsuits whose purpose is shutting this nonsense down continue as we await Beshear's responses to Kentucky Supreme Court briefs.

Kentucky's public option plan gets puff-piece coverage

The Lexington Herald Leader printed an embarrassing piece of non-journalism today cheerleading for Kentucky's public option health plan, the Kentucky Health Cooperative. This new "insurance" company was created with federal dollars under ObamaCare. Janie Miller, the group's CEO and a former state insurance regulator, falsely claimed that she could not release premium rates until tomorrow.

Miller could release the premium rates if she wanted to and the Lexington Herald Leader had access to them three weeks ago but refused to even look. Here's why: a 21 year old male non-smoker in Lexington can currently get a $2500 deductible plan with 30% co-pay for $58.85. A similar plan with the co-op ($2000 deductible and 35% co-pay in network only) will cost the same person $155.84 in January. If this person has an $18,000 a year income, federal subsidy would drop his cost down to $64.65 with taxpayers picking up the difference. If this person has a $20,000 a year income, federal subsidy would put his cost at $85.17. If this person has a $26,000 a year income he will be considered "rich" and get no subsidy.

Miller also claims that 75% percent of Kentucky's uninsured population not eligible for Medicaid will sign up for ObamaCare coverage by December 15. That's completely insane and would not be allowed to go unanswered in a newspaper if we had a functioning media in this state.

The article is here.

Kentucky ObamaCare officials "befuddled"

ObamaCare pep rally in Louisville on Tuesday

A troika of Kentucky left-wing politicians will host an ObamaCare pep rally on Tuesday, October 1, 2013 in Louisville. Lieutenant Governor Jerry Abramson, Mayor Greg Fischer and Congressman John Yarmuth are expected to celebrate the federal launch at 10 am at Jefferson Community and Technical College in room 166B of the Health Science Building at the corner of 2nd and Chesnut.

Presumably they will be expected at some point to answer questions about the outrageous ObamaCare health premiums we have tried for three weeks to get the media to pay attention to. That should be interesting.

Come and see this in person if you can and help show that not everyone is fooled by big government games.

Beshear's Big Apple buffoonery

If Kentucky Gov. Steve Beshear believes the crap he wrote in today's New York Times, he should be first in line for ObamaCare's new -- absurdly unaffordable -- mental health benefits.

"For the first time, we will make affordable health insurance available to every single citizen in the state," Beshear claims, falsely, in an op-ed.

First, we've seen the new ObamaCare rates despite the best efforts of the "most transparent" politicians in history and the big media sycophants who serve them. They aren't affordable even when federally subsidized. More important, health care was much more available and affordable before government started taking it over half a century ago. Beshear and Obama are merely completing that process.

Beshear flatly states, as he has many times before, that 308,000 Kentuckians will go from being uninsured to joining the ranks of those covered by Medicaid. While the number we should really be concerned with is that representing people who drop or forgo private coverage in favor of joining Medicaid, giving people a Medicaid card and making it illegal for them to purchase private coverage on the exchange (as ObamaCare does) will mean less than nothing as providers run away from Medicaid and leave longer lines for lower quality services.

Beshear repeats his claims that Medicaid expansion will be a positive for the economy in Kentucky. How many such false claims must we endure before the fact that big government redistribution schemes don't grow the economy sinks in?

Beshear says 332,000 uninsured Kentuckians will have gain newfound access to affordable coverage with ObamaCare. This lie will be unmasked in dramatic fashion on Tuesday when the well-hidden premiums (and deductibles) are pulled out of hiding and into the daylight.

Beshear finishes his essay as he has all of his ObamaCare speeches -- with a political attack. The hard cold fact Beshear hopes to keep hidden (and his big media friends are doing a great job of assisting) is that Beshear broke the law in a profound way in promoting ObamaCare simply because he wanted to and thought no one would act to stop him. His July 2012 executive order creating the new bureaucracy we know as the Kentucky Health Benefit Exchange reorganized state government, rewrote state law and mandated expenditures without legislative approval. KRS 12.028 provides for the governor to do so on a temporary basis, but requires ratification by the full legislature in the next succeeding General Assembly session. Failing that, the statute mandates expiration of the temporary order's provisions ninety days after the session ends. On that ninetieth day, Beshear issued a second executive order re-creating the "exchange," which is also prohibited by the same statute. Think about it: if the governor is allowed to make desired temporary changes to state government without required legislative approval and simply rewrite those changes when they expire, why do we even bother having a legislature at all? A governor so empowered could make any change to statute, raise any tax and spend any amount of money without a legislative vote. Supporters of ObamaCare and Beshear's big-government, left wing ideas may reconsider their zeal for this kind of illegal behavior when the governor is a conservative Republican. But then it will be too late.

Beshear acted with similar lawlessness in effecting the Medicaid expansion. KRS 205.520(3) requires the governor to seek administrative review of actions attempting to achieve additional federal dollars for "medical assistance." This process is spelled out very clearly in KRS 13A. He failed to even initiate this process and now, as the law makes clear, it is too late to even start. The law demands that the Medicaid expansion under ObamaCare can never happen in Kentucky.

Both the illegal creation of the ObamaCare exchange in Kentucky and the Medicaid expansion are being actively challenged in Kentucky's courts right now. Briefs have been filed with the Kentucky Supreme Court and a response from Beshear is pending. Kentuckians will ultimately get the kind of government we deserve; I can only hope we realize that we and our progeny deserve better than this.

Feel better about wasting $252 million now?

Kentucky ObamaCare head crumbles in committee

The executive director of Kentucky Health Benefit Exchange couldn't answer legislator questions today in Frankfort about outrageous deductibles on 2014 ObamaCare health plans or about state funding for the exchange when federal funds run out at the end of 2014.

Carrie Banahan mumbled and demurred during today's budget committee meeting and did not answer direct questions about how unaffordable even the most subsidized health plans will be in Kentucky under ObamaCare. She adamantly declared ignorance when asked specifically how the state would pay for its illegal exchange.

The illegal executive order filed by Gov. Steve Beshear in 2013 to create the exchange also attempts to create a funding mechanism for the exchange with a new insurance tax. That executive order, if the Kentucky Supreme Court doesn't throw it out first, would have to be ratified by the 2014 General Assembly. There is no chance of that happening.

Kentucky's 2014 Humana ObamaCare subsidized health premium rates shockingly high

A 25 year old single Franklin County, Kentucky non-smoker with a $25,000 annual income purchasing a Humana Silver plan effective January 1, 2014 will pay $144.17 per month for a $3250 deductible plan that pays all approved medical expenses after a $4750 maximum out of pocket limit is reached and all applicable federal subsidies are applied. Humana currently offers on ehealthinsurance.com a $3500 deductible plan with $3500 maximum out of pocket plan for the same person with a monthly premium of $86.57. Humana claims significant rate reductions in their 2014 approved rate request filing with the Kentucky Department of Insurance by limiting provider networks available to their customers.

Incidentally, this premium applies to all ages at this income level. Unsubsidized, this plan will cost $243.81 for an 18 year old and go higher from there based on age.

The same 25 year old person with a $40,000 annual income will receive no federal subsidy and will face a monthly premium of $206.87 for the closest available plan, in which the unsubsidized deductible is increased to $4600 and the unsubsidized maximum out of pocket limit is increased to $6300.

A 50 year old single Franklin County, Kentucky non-smoker with a $40,000 annual income purchasing a Humana Silver plan effective January 1, 2014 will pay $316.67 per month for a $4600 deductible plan that pays all approved medical expenses after a $6300 maximum out of pocket limit is reached and all applicable federal subsidies are applied. Humana currently offers on ehealthinsurance.com a $5000 deductible plan with $5000 maximum out of pocket plan for the same person with a monthly premium of $176.46. Humana claims significant rate reductions in their 2014 approved rate request filing with the Kentucky Department of Insurance by limiting provider networks available to their customers.

The unsubsidized premium for the same 50 year old would be $368.01 per month.

A Franklin County non-smoker with a $16,000 income purchasing a Humana Silver plan effective January 1, 2014 will pay $44.92 per month for a $3250 deductible plan that pays all approved medical expenses after a $4750 maximum out of pocket limit is reached and all applicable federal subsidies are applied. That means this person would have to spend more than twenty percent of his or her annual income before gaining the benefit of major medical health insurance.

Beshear plan to dump state employees moves forward

Governor Steve Beshear sent two lawyers to talk to the Committee on State Government today in Frankfort about wild cost increases in the state employee health plan.

Commissioner of the Department of Employee Insurance Joe Cowles attempted to deflect attention from increased costs and it mostly worked. Some legislators complained about a high volume of calls from state workers shocked by their 2014 plans, but their concerns, if any, were eerily low-key.

Senator Ernie Harris told Cowles that the Administration's plans might "save the state." They are being led like lambs to slaughter. Tomorrow at 1pm, the same dog-and-pony show goes before the Appropriations and Revenue Committee, which just might have reason to be a little more attentive.

Pitchforks and torches for Mitch McConnell right now

Hundreds of concerned Kentucky citizens will converge on Sen. Mitch McConnell's Louisville office at 11am Wednesday morning to shake him up on ObamaCare.

At issue is Sen. McConnell's insistence on allowing Senate Majority Leader Harry Reid to remove continuing resolution ObamaCare defunding language with only a majority of senators, rather than 60. McConnell's actions, in keeping with his long-standing fight against conservatives on this, would make defunding ObamaCare harder.

McConnell is running very misleading ads on television in Kentucky portraying himself as an ObamaCare opponent while he works behind the scenes to undermine conservative efforts to kill the federal takeover of the American healthcare system.

McConnell insists privately that caving in and waiting for the law to fail under its own weight will work to end ObamaCare. We are still waiting for that strategy to work with defeating Social Security, Medicare and Medicaid.

Beshear fines Humana $65,000 for telling truth about rates

Humana sent letters out to health insurance customers in Kentucky this summer warning them that ObamaCare will cause their premiums to explode upward in January and advising them how to limit harm to their personal finances caused by radical left-wing politicians. The Kentucky Department of Insurance fined Humana $65,000 in August for their efforts, in every way punishing them for telling the truth.

Gov. Steve Beshear has repeatedly violated state law to ram through ObamaCare, by creating an ObamaCare "exchange" at state taxpayer expense without legislative approval and by expanding Medicaid without completing legally required administrative review. Both of these issues are on their way to the Kentucky Supreme Court. Punishing truth-telling with massive fines is certainly in keeping with Beshear's disdain for the rule of law, but continued silence by Republican "leaders" should disgust every Kentuckian.

We must criminalize violations of KRS 12.028 and KRS 205.520(3) to ease removal of politicians like Beshear for subverting the legislative process.

Beshear crushes Kentucky's poor

Kentucky Governor Steve Beshear has spent four months filling desperate citizens with false hope promoting an impossible ObamaCare pipedream and the time has come for him to face the music.

Kentucky Supreme Court case 2013-SC-000652-T represents the first step toward getting Gov. Beshear right with our state's most vulnerable people by nullifying his illegal attempt to expand Medicaid eligibility, a state option under the Affordable Care Act.

"Governor Beshear has broken the law, lied in court and lied to the people of Kentucky promoting a ridiculous ObamaCare scheme that becomes more hated as more information becomes available," said David Adams, plaintiff in the lawsuit.

"Beshear is now hiding behind court rules to delay into October well-deserved punishment for his crimes," Adams said. "If he has any pride left he should respond immediately to the Supreme Court so we can get all this out in the open before wasting billions of dollars further wrecking our healthcare system."

Beshear violated KRS 205.520(3) by not initiating the KRS 13A administrative review process of the proposed Medicaid expansion, falsified court documents to downplay risks of accepting the expansion and has falsely portrayed Medicaid expansion as initially cost-free to the Commonwealth, risk-free to our existing Medicaid population and revenue-positive to the General Fund.

Obama/Beshear drop Syria, declare war on Kentucky

The Obama Administration's Environmental Protection Agency is set to post new regulations, perhaps today, that would make building of new coal-fired power plants impossible anywhere in America.

This action would hasten an untimely death for affordable electricity in Kentucky. Obama's advocacy for killing coal deserves a stronger response from the Bluegrass State than Governor Steve Beshear's squishy letter to the EPA, especially after Beshear has done backflips for the President in subverting state law trying to force job-killing ObamaCare on us, too.

Come on, Gov. Beshear. You can do better than this.

Why Kentucky probably won't have Anthem in a year

When Kentucky politicians rammed through their version of HillaryCare in 1994, all the individual health plans but Anthem fled the state. In 2014, it's payback time and Anthem will pay very hard.

Only three insurers will play in Kentucky's ObamaCare "exchange" and Anthem will be the most expensive, by a long shot. Worse, I ran my family's ages through Anthem's current and 2014 rate charts and found their premiums more than doubling as ObamaCare takes full effect in January.

Humana will be a major beneficiary of the likely demise of Anthem, but the real winner appears to be the federally-created Kentucky Health Cooperative with the state's lowest premiums. In other words, the single-payer dream has almost been fulfilled in Kentucky.

All the more reason to keep the pressure up on Kentucky's incompetent and destructive health regulation bureaucracy with three state lawsuits headed to the Kentucky Supreme Court and more on the way soon. Stay tuned for details.

Kentucky's ObamaCare fight moves to state Supreme Court

Kentucky's tea party challenge to state implementation of ObamaCare took a big step forward today with the first in a series of arguments to reach the Commonwealth's Supreme Court.

David Adams said the case centered on preventing "improper and illegal use of government powers to effect an optional expansion of Kentucky's Medicaid program under the Affordable Care Act."

Adams is petitioning the Court to transfer his appeal immediately from the Court of Appeals in order to gain a faster resolution to the case. Governor Steve Beshear and Cabinet for Health and Family Services Secretary Audrey Haynes are the Respondents.

"Respondents cited KRS 205.520(3) and KRS 194A.050(1) as providing justification for their actions, while ignoring that both statutes explicitly call for the Commonwealth's regulatory review process to be engaged and completed," Adams said. "That is the first key fact in this case, but it was ignored by Respondents and by the Circuit Court."

Beshear and Haynes have claimed throughout the case that legal limits on their powers under state statute were of no consequence because they are merely obeying federal law and that the expansion can be reversed later at the state's option when it becomes clear the expansion is unaffordable and not a workable solution to the state's indigent care problem. The U.S. Supreme Court, however, made clear that the Medicaid expansion is optional for states and the supposed state withdrawal option simply does not exist.

The issue of the false claim of a state exit strategy was a contentious one in Franklin Circuit Court written and oral arguments, but was ignored by Judge Phillip Shepherd in his September 3 ruling in favor of the Medicaid expansion.

Governor Beshear's failure to follow Kentucky's administrative review process earlier this year when there was time to complete the process legally -- it can easily take nine months for a contentious issue -- now boxes him in to claiming that there is no process limiting his actions, despite ample clarity in statute. Inexplicably, that strategy worked in the Circuit Court. It is now a key part of the appeal.

"KRS 13A.090 states 'the courts shall take judicial notice of any administrative regulation duly filed under the provisions of this chapter after the administrative regulation has been adopted.' In this instance, an administrative action effecting the optional Medicaid expansion was neither 'duly filed' nor 'adopted' pursuant to Kentucky law," Adams said. "The Franklin Circuit Court ignored those facts and recognized a regulation that does not exist."

Adams said the time for initiating the process of accepting the Medicaid expansion has now passed.

"Before required public hearings, discussion and votes could take place to possibly adopt the administrative regulation necessary to effect the ACA Medicaid expansion, the provision would pass beyond being a state option as it is now to becoming a part of permanent federal law on January 1, 2014 without legal and proper completion of the review process required by KRS 13A," Adams said. "The law, once subverted in this way, renders the voice of the people silent in all matters proscribed by law to be governed by regulatory review."

The two sides now await word from the Supreme Court to set up a hearing schedule.

Much cheaper to throw state employees into ObamaCare

The individual per person cost of insuring a Kentucky state employee under their new plan in 2014 will be $933.16 a month. That applies to every individual employee regardless of any factors that might otherwise impact an insurance premium rate. Under ObamaCare, a Louisville resident age 64, non-smoker who chooses a $6300 deductible will have a total cost of insurance of $905.73 a month if he uses up all of his deductible.

Most state employees, obviously, are less than 64 and won't use up all of a $6300 deductible for the Bronze plan, which is projected to be the most popular ObamaCare plan.

I've had several legislators tell me Gov. Beshear can't throw the state employees into ObamaCare without legislative approval. That, of course, depends on what the Kentucky Supreme Court thinks KRS 12.028 means when it says the same thing.

And to be clear, this is no endorsement of ObamaCare. It's just that the state employee plan was purposely set up this year to be far worse even than that. A 26 year old Louisville resident and non-smoker on the same ObamaCare plan will have a monthly cost of $659.95. That's horrible compared to 2013, but a bargain compared to costs on the state plan.

State employee health plans a dangerous ripoff

The Kentucky state employee health plans are out for 2014 and it is not a pretty sight.

The cheapest Humana plan, called Standard CDHP costs $641.50 for an individual plan. The employee contribution into that amount is $12.98 and the rest comes from taxpayers. We fund the plan with $250 for the employee to spend on co-payments and deductible for the year. The maximum out-of-pocket liability for the employee is $3500 and the deductible is $1750.

That means in addition to the monthly premium, the customer is on the hook for the first $1750 in medical expenses each year. That's the equivalent of a zero deductible plan costing 787.33 a month (641.60 + (1750/12)). After the deductible, it's a 70/30 plan. That means anything substantial gets you up to the $3500 annual out-of-pocket -- which includes the deductible. So if you add the additional $145.83 a month in for the additional out of pocket ((3500-1750)/12), we are paying $933.16 per month for health coverage for each employee.

It's not hard to imagine that whoever negotiated these rates for our state employees had in mind a plan to go back and argue that it would be cheaper to just throw them all on the ObamaCare "exchange."

It's yet another reason to storm the castle to stop Gov. Beshear from illegally throwing us into ObamaCare.

Will Beshear wait to screw KY Supreme Court justices?

Kentucky Gov. Steve Beshear is quietly completing plans to throw state employees, including the seven Supreme Court justices he needs to approve his illegal ObamaCare implementation actions, into the state health insurance "exchange."

State employees are just now being notified of massive premium rate increases for 2014 caused by ObamaCare, and Beshear's hope is apparently to attempt to capitalize on the confusion of the run-up to the launch of the massive federal program to announce the shift as a major cost-cutting move for the state.

Steve Beshear's bad faith dealings with the people of Kentucky include violating state law where it limits his power to act without proper approval and then falsifying court documents to hide his criminal activity. Kentuckians of all political stripes must reject his lawlessness. A good place to start is to criminalize violations of KRS 12.028, which Gov. Beshear used to start this whole mess.

Emperor Beshear stripped naked

Kentucky Governor Steve Beshear's Department of Insurance thugs have insisted for over a month that health insurance rates for 2014 weren't ready for public inspection yet. We now know this was not true.

Beshear will hold a hastily-arranged pro-ObamaCare rally tomorrow in Frankfort to attempt to spin the disastrous new premiums. Stand by for details to be made available as we get them.

Biggest left-wing newspaper sitting on Kentucky story

Reporters at the New York Times have known about what is happening with ObamaCare in Kentucky for many months, but you wouldn't know it from reading their newspaper.

Minutes ago, someone at the large, old and powerful left-wing paper checked in here for the latest and read our big news confirming ObamaCare's devastation of Kentucky's health insurance market. Here's the proof:

They and the rest of the journalistic hacks sitting on ObamaCare stories can continue to play dumb if they want, but you know better.

Humana actuary confirms ObamaCare rate shock

Humana actuary Nick Mueller today confirmed the Kentucky Department of Insurance has approved ObamaCare health premiums very close to the eighty percent increase he requested in June.

Internal Department of Insurance documents received today from Lori Brown at the Department contain final, approved premium information for Humana, Anthem and Kentucky Health Cooperative, the only three companies who applied to participate in the Kentucky Health Benefit Exchange. Anthem and the Kentucky Health Cooperative got exactly what rates they applied for, while Humana received a cut of less than one percent from their initial proposed increase.

Humana's rates appear to be the cheapest across the board of all three companies.

This information was acquired through an open records request served on the Department of Insurance last Friday, despite their receipt three years ago of a federal grant to improve transparency and to specifically make rate information available without the necessity of an open records request.

Other reporters who have gone to the Department seeking this information today have been told that it is not available. Kentucky Progress will fix that on Monday.

The Kentucky Health Benefit Exchange is a state entity created by Gov. Beshear under a temporary state government reorganization Executive Order in 2012. It's creation was not ratified by the 2013 General Assembly, which is required by KRS 12.028. Its continued operation is currently being challenged in state courts.

Another try for "Governor Transparency"

When Steve Beshear was first running for Governor, his favorite word was "transparency." Since he has been in office, though, his campaign rhetoric has dissipated to nothing.

A sleepy state media has probably emboldened Beshear in his secrecy.

The case of the 2014 ObamaCare health insurance premiums currently unfolding paints a rather unflattering portrait of politician and press alike.

The hottest news story in the country in 2013 has been ObamaCare. Will it work; will it be a hugely expensive disaster? You know the drill.

Kentucky's coverage has been rather sparse as well as one-sided bordering on cheerleading for President Obama's top legislative agenda item.

After several weeks of begging, cajoling, screaming and pestering, I've finally gotten a commitment from Kentucky Department of Insurance officials that sometime on Friday they will give me access to next year's rates -- some of which have been finalized more than a month.

It should be an unending source of embarrassment to our state media that I am getting this first.

Tea Party headed to Kentucky Supreme Court

Franklin Circuit Court Judge Phillip Shepherd ruled today in favor of Kentucky Gov. Steve Beshear's illegal actions to force his state into ObamaCare.

Shepherd ruled KRS 12.028, which provides the Governor with temporary reorganization powers, ignored language in section 5 of that statute which requires re-issuance of temporary restructuring to wait until after the 2014 General Assembly session starts. Gov. Beshear created the Kentucky Health Benefit Exchange under a 2012 Executive Order which was not ratified by the 2013 General Assembly. He then issued a new Executive Order creating the Kentucky Health Benefit Exchange, an action which is specifically prohibited by this statute.

Shepherd also ruled that the regulatory process explicitly required by KRS 205.520(3) and KRS 194A.050(1) does not apply to Gov. Beshear in expanding Medicaid, though it clearly does.

Governor Beshear had to lie in court and break state law in order to pretend to have authority specifically denied him by statute and the Constitution. He needed a judge to ignore these facts and now he needs four of seven who are elected in districts whose people understand and oppose ObamaCare. I don't think he can do it.

Beshear wasting $4.2 million ObamaCare grant

Kentucky's Department of Insurance is ignoring multiple open records requests for 2014 individual market health insurance rates under ObamaCare despite accepting more than $4.2 million in federal grant money over the last three years to improve transparency of the rate review process.

In fact, a federal grant application summary from 2011 promises "(t)he State will also enhance its website further to allow consumers access to rate filings without going through the open records process."

Employers and insurance brokers around the state report group health premium rates almost doubling from 2013 to 2014 with ObamaCare taking effect, an unprecedented explosion in health insurance costs.

According to the Department of Insurance web site, all the health plans set to participate in the Kentucky Health Benefit Exchange individual market had their rates approved in August.

The incompetence and fraud on display at the Kentucky Department of Insurance and the lack of media coverage of same is easily the biggest political scandal of 2013 in the state. A functioning Republican Party would be all over this.

Do left wing blog readers hate garlic, too?

All I did earlier today was helpfully post information to the biggest leftist political blog, Daily Kos, hoping to stir up a conversation about separation of powers and constitutional limits on elected officials.

Before banning me for life for my trouble, they pretty much responded like vampires to sunlight. Pretty funny stuff.

Criminalize Beshearism

Kentucky Gov. Steve Beshear seems to be determined to gain a legacy of law-breaking. Kentuckians must respond by criminalizing his illegal behavior so his shenanigans are not repeated.

Specifically, when Beshear violated KRS 12.028, he did so knowing there was no penalty for his actions. In fact, he clearly expected to get away with it. KRS 12.028 should be amended to penalize any governor who attempts to reorganize government as the statute provides without following the requirements of the statute. Specifically, when Beshear sought to create the Kentucky health benefit exchange via executive order he needed subsequent ratification of his temporary action by the legislature to make it permanent. He did not get such ratification. Though the law clearly states that the executive order then becomes null and void, Beshear has attempted to ignore that limitation on his power by continuing to develop the ObamaCare "exchange."

The statute contains no criminal penalties for violation of its provisions. It needs them. A member of the Kentucky General Assembly with courage should file a bill creating criminal penalties for a governor who ignores these legal limits.

Also, when Gov. Beshear sought to expand Medicaid under ObamaCare he claimed KRS 205.520(3) gave him the authority to do so. It does, but with the provision that such may be effectuated only "by regulation." Gov. Beshear has ignored that part of the statute and has, therefore, violated that statute. He has waited so long to initiate the administrative review process that it can not now be used to expand Medicaid under the provisions of PPACA -- ever. Case law in Kentucky provides for statutes that are abused like this can be found unconstitutional. Both statutes are being challenged in this manner in Franklin Circuit Court.

If the statutes are not found unconstitutional, they should be amended to include criminal penalties. Those bills should be pre-filed immediately.

Kentucky health insurance secret ends Friday

Kentucky Department of Insurance officials confirm that 2014 individual health insurance rates will be approved by the end of this week. That comes six weeks after it became clear ObamaCare would blow up the state's health insurance market.

Expect a late Friday afternoon document dump and next week all kinds of ferocious spinning about how your own eyes are misleading you into thinking ObamaCare presents any kind of a problem.

Rhymes with "smallpox"

Gov. Steve Beshear was in Lexington today ripping on Kentucky citizens who have challenged his ObamaCare-related law breaking.

"I believe these critics are blinded by a disease that I would call knee-jerk partisan politics, and that disease clouds their vision and quite frankly sometimes wonder if it doesn't harden their hearts a bit," Beshear told the Lexington Herald Leader.

Xerox officials stood by quietly and smiled while Beshear poured out his absurd ObamaCare attacks. Under state statute KRS 12.028 the 100 Xerox jobs they were celebrating today can not exist because they were not legally authorized.

This matter is currently being litigated in Franklin Circuit Court.

Hold your nose: McConnell likes parts of ObamaCare

In one television interview, Kentucky Senator Mitch McConnell managed to open up two cans of worms for himself on ObamaCare.

Better grab your nose.

"There are a handful of things in the 2,700-page bill that are probably are okay," Mitch told WYMT Hazard on Tuesday. Do tell, Senator, but please try to keep the waste in the hundreds of billions for the rest of us.

And speaking of waste, McConnell squanders more time distorting the effort to defund ObamaCare when he said "the problem with the bill that would shut down the government wouldn't shut down ObamaCare."

Senator McConnell, the bill supported by Senators Rand Paul, Mike Lee and Ted Cruz would prohibit federal spending on ObamaCare and destroy it too quickly for anyone to find out what parts of the law McConnell likes. The fact that mandates and taxes would stay on the books for a little while without any federal funding is a distinction without a difference if you are measuring distance between defunding and repealing.

Framing the debate as defunding the disastrous law in the current continuing resolution versus allowing the current spending plan to expire without a replacement is merely about buying time to unwind the law in an orderly fashion that works better for all Americans than stumbling on into the train wreck we are in no way ready for.

The truth Sen. McConnell doesn't want you to know is that his biggest campaign donors are perfectly happy with him making meaningless speeches about ObamaCare as long as he doesn't stop its implementation. That's what is really behind all this senatorial doubletalk.

Another example of Facebook replacing mainstream media

Under ObamaCare, Kentuckians face enormous 2014 health premium increases you would never know about if you depended on mainstream media for your news.

Today's example comes from Lexington Trailer & Hitch, whose Anthem renewal specified a 94% increase if they renew in 2014 and only a 10% increase if they renew early before ObamaCare hits.

We learned about this, of course, on Facebook:

And if you are wondering, off-cycle policy renewal is not available to individuals.

Huge crowd expected for ObamaCare hearing in Frankfort

Kentucky's Interim Joint Committee on Health and Welfare is still trying to cram ObamaCare down our throats, ignoring KRS 12.028(5) and its limits on the Governor's ability to re-issue expired executive orders that failed to achieve legislative ratification.

If you oppose ObamaCare and have the ability to join us at the State Capitol Annex at noon on Wednesday, August 21, the meeting will be in Room 129. Bring friends.

Activist: Beshear "has chosen the side of evil"

Kentucky Citizens Judicial President David Adams filed a lawsuit in state court yesterday challenging the constitutionality of a state law regulating health coverage options for Christians.

The case brings up issues about the proper role of government in healthcare just weeks before ObamaCare is supposed to take effect in Kentucky and around the nation.

"The Beshear Administration violating rights of Christians is nothing new, but us fighting back is," Adams said. "The Governor has chosen the side of evil in this fight and he will lose for several reasons, not the least of which is that we have the Constitution on our side."

Adams says Kentucky's Insurance Code effectively forbids a practice called "religious health sharing," an alternative to health insurance for people of faith. A decade long court battle to single out one such group of Christians ended last month with an agreement to let them practice their faith, but without resolving problems in the law.

"Kentucky's Constitution is unique in America in specifically prohibiting arbitrary application of the law and that is the most important fact in this case," Adams said. "You can't criminalize an activity as a government and then pick out some participants to grant special permission to proceed anyway. Western society has been fighting this kind of outrageous imperial behavior going back 800 years to the Magna Carta."

"Even the ObamaCare law gets out of the way of Christian health sharing for the most part. I don't know why Kentucky can't get this right, too," Adams said.

Governor Beshear has three weeks to respond to the lawsuit.