Friday, June 13, 2014

Terrible Kentucky media stripped bare by Virginia

Late last night, Virginia's General Assembly passed a budget on barely bipartisan lines to prohibit their Democratic governor from forcing their state into the ObamaCare Medicaid expansion. The Washington Post provided fairly comprehensive coverage of the issues and the debate. This comes two full months after Kentucky almost unanimously did the same thing but most Kentuckians know nothing about it because the media in Frankfort have been completely silent.

The similarity is that both states' Democratic governors are defiant in the face of the will of the people. Gov. McAuliffe has been and will be forced to fight his battle in public, though, while Beshear has been spared that fate by obsequious reporters and petrified legislators with the apparently singular exception of Sen. Damon Thayer.

The Kentucky Supreme Court can right this horrible wrong perpetrated on Kentuckians by our disgraceful media and political class by hearing two cases challenging Beshear's illegal ObamaCare actions, 13-SC-000652 and 13-SC-000667.

Big Brother looking at Steve Beshear

Federal investigators will be back in Frankfort Monday looking into misspent grant money and health insurance subsidies run by Gov. Steve Beshear through the Kentucky Health Benefit Exchange.

Don't expect any news to come out of this audit soon, but the real crime is that Beshear's abuse of the law and federal tax dollars will have a complete paper trail Obama can use to extort some future obedience or silence from his Bluegrass Bootlicker.

Thursday, June 12, 2014

Humana premiums double in Kentucky

Humana of Kentucky turned heads with their eighty percent premium increase in the first year of ObamaCare and have requested a 16.7 percent increase for plans to be sold beginning this November.

"This is insult on top of injury in Kentucky's ObamaCare fiasco, which Gov. Beshear still insists on ramming down our throats without following the law to get legislative approval or necessary spending authority," said David Adams, plaintiff in two state lawsuits challenging Beshear's implementation of expensive, optional features of the so-called Affordable Care Act. "Waiting on the Kentucky Supreme Court is getting old, so I'm challenging Beshear to a duel."

The two Kentucky Supreme cases are numbered 13-SC-000652 and 13-SC-000667.

As Kentucky's Medicaid population grows, Beshear shrinks

Kentucky's Medicaid expansion is already illegally spending state funds to pay costs of an exploding "free" healthcare population Gov. Steve Beshear suddenly doesnt seem so eager to brag about even as the number of sign-ups under ObamaCare approaches 500,000, nearly double the number predicted when this whole mess started.

This begs a couple of questions about what other ObamaCare projections in Kentucky might be off by a factor of two or more but Kentucky's brain-dead media won't ask them.

Tuesday, June 10, 2014

Another example of Kentucky media failing to serve

Later this month, Virginia's legislature will pass a budget prohibiting their Democratic governor from forcing the state into the ObamaCare Medicaid expansion. We know all about this because the Washington Post has been providing a fairly balanced and accurate play-by-play coverage of a pretty dramatic partisan struggle.

In Kentucky, we have had no such luck in terms of on-the-ball media coverage. Our legislature almost unanimously defunded both the state run ObamaCare exchange and expanded Medicaid in its budget, but no one knows about it because the only person in Frankfort talking about it is Senator Damon Thayer.

Kentucky's budget language forbids expenditure of state funds for anything directly or indirectly related to the Kentucky Health Benefit Exchange. Kentucky is the only state in the nation that tied its Medicaid expansion to its exchange. Also, the Medicaid expansion language in the "Affordable Care Act" requires states to spend their own money on administrative expenses related to the expansion. That has also been expressly prohibited.

Two Kentucky Supreme Court cases seek to clarify the law on these issues. They are 13-SC-000652 and 13-SC-000667.

Friday, June 06, 2014

Rand Paul and McConnell botching ObamaCare fight

You know it's getting bad when Rhode Island Public Radio is making fun of your two Republican U.S. Senators for going squishy on ObamaCare.

Former WFPL Louisville reporter Kristin Gourlay reported the following last night:

"What's curious, though, there is that some of the most vocal opponents of ObamaCare represent Kentucky in Congress and even they have kind of shied away from attacking the exchange because it has worked so well."

She's right that McConnell and Paul have "shied away" on this issue and most observers are forced to conclude, as Ms. Gourlay did, that their weakness implies approval. This needs to be fixed quickly.

Also in her report, Ms. Gourlay said: "Kentucky had already made a decision about how to pay for its exchange, they are charging insurers a fee, basically."

Actually, Gov. Beshear has claimed falsely that federal funds will pay for the exchange over the course of the next state budget and that is why he did not object to the legislature defunding it. So which is it, Governor, is the federal government paying for it or did you create a new tax somewhere without telling the legislature or anyone else except some reporter in Providence?

If Senators McConnell or Paul want to be of any assistance in fighting ObamaCare anymore, right here would be a great place to start.

Wednesday, June 04, 2014

Mr. Beshear goes to Washington, again?

Watching Kentucky Gov. Steve Beshear attend the State of the Union Address as President Obama's special ObamaCare guest was a bitter pill for anyone aware of both state and federal law regarding implementation of "health" reform and Beshear's violations of it.

He may be looking at a return trip to the Capitol without quite so much fanfare. The House Energy and Commerce Committee is investigating seven states who have wasted some $1.3 billion in federal funds they were given to set up their state-run ObamaCare exchanges. Kentucky is not one of those states.

Perhaps they soon will be. Please call Chairman Fred Upton (R-MI) at 202-225-3761 and ask him to investigate Kentucky, which claimed in their federal grant applications that legal authority to create "Kynect" existed when it does not.

Friday, May 30, 2014

Will Republican "Flip the House" even matter?

I'm struck when talking with Republican politicians in the state House and Senate that they are not only resigned to the fact that Gov. Steve Beshear has no respect for constitutional and statutory limits on his powers, but that too many of them don't see that as the place to start the fight.

Gov. Beshear is telegraphing his intentions to write a third executive order attempting to create the ObamaCare exchange this summer. He wrote the first one in 2012, did it again in 2013 after the first one expired without legislative ratification and now plans to do it again after a July 15 expiration date for the second executive order.

This all violates not only the Constitution but also KRS 12.028.

We've seen what this kind of lawlessness has done in Washington D.C. Steve Beshear is trying to bring that here. No one in the House minority seems willing to engage in this fight. Only Damon Thayer in the Senate shows up at all. If we allow governing by executive order with no check or balance, what good will a Republican majority in the House do us?

Am I missing something? Anyone?

Thursday, May 29, 2014

Beshear's hack admits Kynect is busted

Buried deep in a Washington Post "Fact Checker" column today about Sen. Mitch McConnell's latest ObamaCare gaffe was an extraordinary admission by a top Beshear administration official about the foregone conclusion of failure of the Kentucky Health Benefit Exchange.

The Post wrote about the exchange that Kentucky Health and Family Services Cabinet press secretary Gwenda Bond "said the state is considering an assessment on insurers to provide long-term funding after 2014."

This is not true because "the state" has already soundly rejected any such thing. The fact that Beshear is saying publicly through his people that no such funding exists is substantial, though.

Beshear already tried to create this new insurance tax with an executive order last year that was illegal when he wrote it in violation of KRS 12.028(5) and which expires anyway on July 15, 2014 per the same statute. House Bill 505 this year attempted to ratify the executive order and create the tax, but it died in the House Health and Welfare Committee.

Unless Gov. Beshear is going to call an ObamaCare tax special session of the legislature, which wouldn't work anyway, there is no chance he gets his ObamaCare tax pushed through before federal dollars run out at the end of 2014. Realistically, there is also no chance he gets it pushed through any other time either, but that's another story. The legislature's nearly unanimous defunding of anything directly or indirectly related to the exchange proves it.

Beshear really needs to face facts and start to implement an orderly dismantling of Kentucky ObamaCare.

Sam Youngman sells his soul for ObamaCare

It started two weeks ago when a Marist poll for NBC News showed ObamaCare's unpopularity in Kentucky and the fact that ObamaCare is well-known, but Kynect, the Kentucky ObamaCare exchange, is not. Left-wing news sites joined the Louisville Courier Journal in attempting to spin the results to inflate the role labels have in public perception of the "Affordable Care Act" debacle.

And now Lexington Herald Leader political reporter Sam Youngman goes all in with this theme and ups the ante significantly. While even the Huffington Post proclaimed only that "Kentuckians Hate Kynect A Lot Less Than ObamaCare," which is true if you ascribe ignorance of the term to mean the same as having less animosity, Youngman wins the prize for distorting the poll results the most.

In a story today about the U.S. Senate candidates' struggles to capitalize on the ACA in Kentucky, Youngman writes the following:
While McConnell has sought to make the health care law a central part of his strategy to tie Grimes to Obama, who remains deeply unpopular in Kentucky, his campaign must also contend with polling that shows far more Kentuckians favor Kynect than "Obamacare."
An NBC News/Marist poll conducted earlier this month showed that 57 percent of registered Kentucky voters have an unfavorable view of "Obamacare" but only 22 percent held an unfavorable view of Kynect. Another 29 percent had a favorable opinion of Kynect, 29 percent had never heard of Kynect, and 21 percent were "unsure" how to rate the state program.




Read more here: http://www.kentucky.com/2014/05/28/3263792/fight-over-health-care-law-reveals.html?sp=/99/322/&ihp=1#storylink=cpy
The poll found 33 percent support for ObamaCare in Kentucky and 29 percent support for Kynect in Kentucky. Youngman has been thoroughly briefed about Kynect's legal troubles, but clearly prefers distorting poll numbers for an agenda to reporting truth.

Read more here: http://www.kentucky.com/2014/05/28/3263792/fight-over-health-care-law-reveals.html?sp=/99/322/&ihp=1#storylink=cpy

Wednesday, May 28, 2014

Joe Sonka vs. McConnell on Kynect; both wrong

U.S. Sen. Mitch McConnell continues to draw attention for trying to split the baby on ObamaCare/Kynect and LEO writer Joe Sonka is driving the bus for the other side. Both sides need work.

McConnell said: "If ObamaCare is repealed, Kentucky should decide for itself whether to keep Kynect or set up a different marketplace."

Kentucky has already decided. Gov. Steve Beshear attempted to create the ObamaCare exchange in Kentucky with a 2012 executive order. The 2013 General Assembly did not ratify the executive order, causing it to expire per KRS 12.028. Rather than follow the law at that point, Beshear wrote another executive order creating the exchange in violation of KRS 12.028(5). A bill was actually filed in the 2014 General Assembly to ratify the second, out-of-order executive order (HB 505), but that bill failed to even get a hearing in a committee chaired by the bill's sponsor, Rep. Tom Burch.

Then the legislature voted almost unanimously in HB 235, the budget bill, to defund the exchange, declaring Beshear is "prohibited from expending any General Fund resources on any expenditure directly or indirectly associated with the Health Benefit Exchange."

Two lawsuits are well underway to clarify Gov. Beshear's illegal actions. Both cases (13-SC-000652 and 13-SC-000667) are currently in front of the Kentucky Supreme Court.

Sonka, for what it's worth, had a clever retort: "McConnell saying that Kynect can survive the repeal of ObamaCare is like saying that the Oklahoma City Thunder can trade Kevin Durant, but keep his jump shot."

But this cute analogy misses the point as well. But for the last desperate illegal moves of a rogue governor, Kynect already does not exist. The jump shot is already gone, as is the power forward. The only reason this issue hasn't been fully put to rest is that the Kentucky Supreme Court has been sitting on it for seven months.

Instead of embarrassing themselves with further misstatements on the issue of Kentucky ObamaCare, both the McConnell and Grimes camps should urge the Court to get off the dime so we can get started on the real work of cleaning up Beshear's mess. 

Our nonexistent "sustainability plan"

The Obama administration wants Rhode Island to demonstrate they have the ability to maintain their state-run ObamaCare exchange after federal funds run out at the end of 2014. That should be interesting because there is a bipartisan effort to shut down the exchange there just as their Obamacrats are begging for even more money.

Kentucky should be forced to do such a sustainability plan because not only was our exchange created without legislative approval which -- by state law -- it must have to exist, no funding mechanism has been created and the legislature just refused for any other state funds to be used to run it.

Seriously, ObamaCare fans everywhere should notify the White House about the mess Gov. Steve Beshear is making in Kentucky. The story I read about the request of Rhode Island came after media reports of that state's ObamaCare problems. Kentucky's media isn't covering this, so the President may not know.


Friday, May 23, 2014

Why Mitch McConnell should support me

Sen. Mitch McConnell made national news today suggesting he doesn't want to dismantle Kentucky's state run ObamaCare exchange. It really doesn't have to be this hard.

From the Associated Press:
Asked if a repeal of the health care law would mean Kynect should be disbanded, McConnell said: "I think that's unconnected to my comments about the overall question."
Ouch. This is especially terrible because McConnell's Democratic opponent just raked herself over the coals on the flip side of the same question. A much better answer would have been simply "Yes."

Government did not invent health insurance and has not "provided" health insurance to 413,000 Kentuckians. Government involvement has served only to make health insurance less affordable and less efficient. Plus, Gov. Beshear has illegally created the Kentucky Health Benefit Exchange, has failed to gain legislative ratification (twice) of his executive order establishing the exchange and the legislature just last month voted almost unanimously not to provide state funds for ongoing exchange activities when they become necessary after December 31, 2014.

Sen. McConnell's Senate office is on this blog site every day. He has to know all this stuff. Getting on board with my two Kentucky Supreme Court cases (13-SC-000652 and 13-SC-000667) is a total no-brainer and could go a long way in preventing future silly gaffes as the media attempts to make the fall campaign about 413,000 "beneficiaries."

Will Beshear's pride cost Kentucky an ObamaCare "freebie?"

Kentucky Gov. Steve Beshear has claimed, falsely, that all ObamaCare expenses for the next two years are covered by the federal government. Federal law states very clearly that no federal funds can be used for ObamaCare exchange operations after December 31, 2014.

A funny thing has happened: a Rhode Island official claims that state asked for and will receive federal funding in 2015 for their state-run exchange. If that's true ("Christine Ferguson, director of HealthSource RI, said federal officials have agreed to let the state use federal dollars through the end of calendar year 2015 — one year longer than planned.") and Rhode Island has gotten some kind of special dispensation in violation of federal law, Kentucky should pursue the same thing.

Four states that signed up to run their own exchanges have recently defaulted to the federal exchange already, of the original fourteen who took Obama's bait. Rhode Island is likely to do the same despite their special law-breaking situation because their state Obamacrats are still looking for more state money to spend and the likelihood that they will get it is going down by the day.

Beshear's situation is further complicated by the fact that once he starts admitting to having lied about funding, he may be forced to admit that he doesn't have legal authority for ObamaCare and no state funding source. Given his track record, expect Beshear to continue to just muddle along illegally and expensively, hoping against hope he can continue to ignore reality for a little while.

Thursday, May 22, 2014

The Associated Press is wildly inaccurate

Democratic Senate candidate Alison Grimes refused yesterday to say whether she would have voted for ObamaCare.

Twice.

Associated Press reporter Adam Beam did well to ask this important question and Mrs. Grimes did as expected in showing she can't handle very obvious questions.

But Mr. Beam couldn't just leave the story there. He had to include some bizarrely inappropriate and inaccurate editorializing in his "news" story. He wrote:

"The law Republicans call "Obamacare" presents a delicate issue for Grimes, who won the Democratic Senate primary on Tuesday. Kynect, Kentucky's state-run health insurance exchange made possible by the law, is wildly popular. More than 400,000 people have either signed up for an expanded Medicaid program or purchased private insurance plans with the help of government subsidies. But Obamacare remains unpopular in the state, mostly because President Barack Obama himself is unpopular here."

Read more here: http://www.star-telegram.com/2014/05/21/5838150/ky-democrat-mum-on-question-of.html#storylink=cpy

Beam "wildly popular" characterization was probably inspired by a strange MSNBC article from March that was actually quite damning in its detailed description of Kentucky ObamaCare despite also calling the scheme "wildly successful." Labeling ObamaCare's unpopularity "mostly" a function of Obama's unpopularity is another well-worn left-wing media talking point ignoring the reality of the law's increased costs and other anti-consumer results.

Adam Beam knows better than to do this. Here's hoping he puts more of an effort going forward into journalism and less into providing repackaged propaganda. 

Wednesday, May 21, 2014

This post needs 1 million likes

My name is David Adams and I live in Nicholasville, Kentucky. I watched Governor Steve Beshear over the last two years claim authority he does not have to sign Kentucky up for the optional parts of ObamaCare and then proceed illegally to commit our state to a path we cannot afford.

I filed two lawsuits that are currently awaiting Kentucky Supreme Court action. They are 13-SC-000-652 and 13-SC-000667. I need both attention to this issue and money to fund the effort. Let's start with attention, always the easier of the two.

I need 1 million Facebook "likes" on this post to get it in front of enough people to spur action. The legislature decisively defunded everything "directly or indirectly related to the Kentucky Health Benefit Exchange" last month. In Kentucky, that includes the Medicaid expansion under ObamaCare and cancels our obligation to finance Obama's "health" reform bureaucracy for him in the Bluegrass State.

Four concurrent federal lawsuits stand to cancel taxpayer obligations related to ObamaCare exchanges in states that refuse to set up their own exchanges. As the legislature is the people's voice, Kentucky has refused to set up an exchange. Our Constitution and statutes clearly prohibit the governor from ignoring our voices on this. Other states whose officials have tried to set up ObamaCare exchanges are starting to figure out they are simply caught in a trap and that now is the time to get out. If we stand up now and join our voices, Kentucky will join them. If we don't an unprecedented standard of lawlessness will be established here, from which there will be no winners.

Please help by simply passing this post along more than once.

Tuesday, May 20, 2014

Kentucky can't pay Deloitte for ObamaCare

Deloitte Consulting got kudos yesterday in the Washington Times for running state ObamaCare websites in four states -- Rhode Island, Kentucky, Washington and Connecticut.

Interestingly, the Providence (Rhode Island) Journal urged its state government to drop Deloitte and the whole idea of a state run exchange today and default into the federal exchange because the state simply can't afford to continue the charade of funding Obama's health bureaucracy for him. And the Providence Journal is hardly a right wing rag, having endorsed Obama twice.

The evidence is overwhelming that Rhode Island doesn't have the money to play with. It's even more so for Kentucky. Rhode Island's legislature is trying to defund its exchange, though it may be struggle to get that past its governor. In Kentucky, we have already done that.

Gov. Beshear has written a check he can't cash. It's past time for him to admit his mistake so we can start cleaning up the mess.

Monday, May 19, 2014

Sen. Walter Blevins went to Alabama

State Senator Walter Blevins (D-Morehead) went on Alabama Public Radio to talk up ObamaCare in Kentucky, but he appears to have left his state Constitution at home:

I’m glad our governor has that right to do those things. We have a divided government right now, the Republicans control the Senate, the Democrats the House. The governor went ahead on his own and did an executive order, didn’t need the legislature, we weren’t in session at the time. There has been some talk about trying to defund it by the Republicans but they don’t have the votes in the House so it’s kind of at a standstill.”

The only thing Blevins got right is that the legislature was out of session when Beshear filed his executive order creating the Kentucky Health Benefit Exchange. Governors in Kentucky have the ability to issue temporary reorganization executive orders when the legislature is not in session, but that doesn't mean Beshear "didn't need the legislature."

In fact, KRS 12.028 makes clear that the opposite is true. Failure of the legislature to ratify the terms of such an executive order means that its provisions "shall be terminated" ninety days after the session ends. The "talk" about defunding not only broke out its "standstill" with 89 yes votes in the House, it passed the Senate 37-1, with Blevins voting for it.

Sen. Blevins is not up for re-election this year, but he should be made to explain his distortion of this issue in 2016.

Friday, May 16, 2014

Frank Simon endorses Matt Bevin; cites incumbent's bad votes, dishonest campaigning

Every election, Dr. Frank Simon's Freedoms Heritage Forum sends out tens of thousands of voter guides statewide with substantial impact. Just got mine in the mail today with its endorsement of Matt Bevin for U.S. Senate at the top.

The best part is the footnote pointing out several bad McConnell votes funding ObamaCare, giving Obama a blank check on debt increases, voting federal funds for abortions and voting to allow the federal government to obtain gun records. The same footnote also points out in bright red lettering that "McConnell's accusations about Bevin's record are questionable."

Very nicely understated, Dr. Simon. Well done.

Evolution of a fake Kentucky ObamaCare data point

Two months ago, Gov. Steve Beshear starting telling an unquestioning media that seventy five percent of ObamaCare sign-ups in the state did not previously have health coverage. This statistic was not credible then as a hard number, nor was it credible last month when it morphed into an estimate. Taking another step back, Beshear now characterizes this iffy data point as a "survey" result:

The Christian Science Monitor reports today "Surveys of enrollees show that 75 percent had no health insurance prior to kynect. And more than half of those signed up are under age 35 -- far above the national average for this crucial age bracket."

This is ridiculous. At the beginning of ObamaCare, Kentucky was one of only two states that was going to ask every enrollee to certify previous insured status. They never did it. When pressed, Beshear made up the seventy five percent statistic -- apparently thinking it sounded good. The fact that he has backed off this claim so quickly with apparently no one but this blog calling it into question and no one in the media seeming to notice should be a constant source of embarrassment to anyone who still considers what they peddle to be "news."

And the part about young people signing up for ObamaCare in Kentucky is total garbage too. They are counting Medicaid enrollees and children, not young adult "invincibles" buying health insurance, which is the meaningful statistic to give an indication of the death spiral already underway in American health insurance.

Thursday, May 15, 2014

Study: Kentucky ranks last in economic health

Kentucky has the worst state economy in the country, according to a new report by global capital management firm Conning.

The report cites Kentucky's dramatically underfunded public pensions, overspending and debt among others as key factors dragging the Commonwealth to the bottom of their list.

This is, of course, news to anyone who depends on the mainstream media for information. Kentucky's latest fiscal year deficit, for example, was more than $573 million despite claims from Gov. Steve Beshear repeated unquestioningly in the media as a $71 million surplus.

Wednesday, May 14, 2014

Obamacrat wannabe goes down swinging

Frankfort reporter Ronnie Ellis' audition for a press secretary job in the Beshear administration took an odd turn yesterday with another skewed report of another bogus administrative regulation vote on the ObamaCare Medicaid expansion.

Ellis wrote: "Courts have ruled Gov. Steve Beshear had the authority to expand Medicaid under legislation previously enacted by the General Assembly because it allowed the state to access more federal funds for the federal-state partnership that covers medical costs of the poor and disabled."

While one court has ruled this way, Ellis incorrectly makes the term plural, suggesting a falsehood. Further, when Franklin Circuit Judge Philip Shepherd ruled on this question last fall, his opinion included the following: "The General Assembly has the power to enact legislation to override these regulations, or to withdraw the authority to promulgate the administrative regulations. But this authority requires the enactment of a bill."

We have just such a bill. The General Assembly last month enacted HB 235, the budget bill, which stated in part: "Therefore, no provision within this Act shall be deemed, adjudged or constructed as being a recognition, finding or admission or admission of the General Assembly's approval of the operation of the ACA in Kentucky." It goes on to say: "The Governor is expressly prohibited from expending any General Fund resources on any expenditure directly or indirectly associated with the Kentucky Health Benefit Exchange."

Any questions?

Tuesday, May 13, 2014

Media witlessly portrays ObamaCare poll

A new Marist poll shows ObamaCare is very unpopular in Kentucky. It also shows the Kentucky Health Benefit Exchange, branded as "Kynect" with taxpayer dollars, is widely unknown but even less popular.

So how does the Courier Journal describe the poll's findings? Like this:

"Kentuckians like health care law, labels depending"

That's the headline. If you click on it, you get a brief article calling Kentucky ObamaCare a "major success" without attribution and invoking Shakespeare to suggest that under a different name, the federal takeover of healthcare is well-liked.

Given the Kentucky media's wall-to-wall cheerleading for all things "ObamaCare," "Kynect," "BeshearCare" or whatever, popularity for federal health reform is nowhere evident. The poll had 57 percent unfavorable for ObamaCare and 33 percent favorable for ObamaCare. The other ten percent lacked the information to have an opinion. The poll had 29 percent with a positive view of "Kynect" and 22 percent with a negative view of "Kynect." A staggering 49 percent lacked the information to have an opinion.

Only the Courier Journal -- and, seriously, only in the ObamaCare era -- would say this means Kentuckians actually like the Affordable Care Act. The only way we lose to these people is if we are just too tired to deserve to live in freedom.

Thursday, May 08, 2014

TV commercial script for Matt Bevin

{Open with full screen Bevin logo}

Voiceover: "I'm Matt Bevin and I approve this message."

{Matt on screen head and shoulders}

"When conservatives in Washington D.C. tried to defund ObamaCare last fall, {picture of McConnell on screen touching Obama and laughing} my opponent stood against them.

"McConnell said the conservative strategy wouldn't work and {graphic showing nay votes to Vote #206 Sept 27, 2013, highlighting Rand Paul's name and "nay" vote} then played along with Democrats to make sure it didn't. A few conservatives held strong. 

Something similar just happened in Frankfort, Kentucky. But here, Republican leaders stuck to their guns to defund ObamaCare and Democrats gave in. {Matt on screen head and shoulders} McConnell and the Democrats don't want to talk about conservative victories. When conservatives stick together, we win. I'm Matt Bevin and I appreciate your vote May 20. 

ObamaCare fans want to ignore calendar

The latest pro-ObamaCare talking point attempts to refute a recent U.S. House Republican report finding that some two-thirds of private health plan purchasers under the Affordable Care Act had managed to make even their first month of premium payment. Insurance company executives came to the rescue yesterday, claiming that it is more like eighty percent.

The executives were quick to point out that their numbers are still preliminary and that no one really knows even now a hard number on this.

Nevertheless, left-wing talking heads are trying today to make this into the latest anti-ObamaCare "lie." But one thing I have not seen pointed out in any of the conversation about this controversy is that while we are talking about people making their first premium payment, the current month is May.

While some people signed up in April and even March and may have mailed in premium payments not yet received, the vast majority of sign-ups came much earlier -- the started last October -- and we aren't talking about people who have made all their payments. Just the first one.

Obamacrats have moved administratively to significantly delay how quickly insurers can cancel policies for non-payment, even making it easy for people to order a policy, use it for coverage and never pay -- while the insurer must give them one month for free. It will be interesting to learn how many people take that money and run.

Wednesday, May 07, 2014

ObamaCare-quitting states get a bonus

Oregon and Massachusetts made news recently by deciding to quit trying to set up state-run exchanges under the Affordable Care Act, saving themselves substantial sums of money. A report on CNBC suggests others may be close behind, but it doesn't really say why. That reason is big news.

The Affordable Care Act encouraged states to set up their own exchanges by promising and then delivering substantial federal grants to fund state efforts through December 31, 2014, but made no provision for clawing back that cash from states who took it and then failed to perform.

In our first two examples of taking the money and running, Oregon received $304 million in federal grants and Massachusetts got $180 million. Both stood to be on the hook for tens of millions a year each in additional annual costs to keep their program running perpetually.

Or they could just quit and let the federal government take on the responsibility, the work and the cost. Nearly three dozen states refused initially to take the bait and avoided the entire charade by never attempting to set up their own exchanges. In two states, Kentucky and Rhode Island, Obama-supporting governors tried to create state-run exchanges at their first opportunity by issuing executive orders. Both could soon wind up following Oregon and Massachusetts for fiscal reasons, with efforts underway in each state. In Rhode Island, a bipartisan bill (HB 7817) has been filed in the legislature to defund the exchange, with sponsors citing the same tens of millions of dollars in annual costs as being beyond the state's means. In Kentucky, an overwhelmingly bipartisan vote last month defunded their exchange and in HB 235 pointed out Gov. Steve Beshear failed to gain required legislative approval for his executive order under state statute KRS 12.028. Beshear says he will continue to run the "Kentucky Health Benefit Exchange" in violation of state law and without necessary funding until he is forced to stop. Two lawsuits have been filed against him in the state (13-SC-000652 and 13-SC-000667) and currently await state Supreme Court action.

Full disclosure: I filed the two lawsuits against Kentucky's Governor for illegally attempting to force Kentucky into ObamaCare.

Kentucky's $253 million ObamaCare good news

One thing I noticed in reading the Affordable Care Act legislation is there is no provision for clawing back federal funds when a state's ObamaCare exchange exchange fails. This fact helped Oregon and Massachusetts decide to drop their exchanges and it will help Kentucky.

Kentucky received $253 million in federal funds to set up an ObamaCare exchange. Beshear failed to gain legislative approval for the exchange and the 2014 budget bill defunded it.

A bipartisan bill in Rhode Island would defund their state exchange and accept the federal government's offer to pick up the tab.

"This bill is not an effort to protest the enactment of the Affordable Care Act (ACA) in Rhode Island, or to interfere in its operation. It is about a $40 million a year expense we cannot afford. Rhode Islanders can take advantage of the ACA without the state spending $40 million a year," said State Representative Patricia Morgan, prime sponsor of the bill."

Another state official I spoke to said concern about being forced to reimburse the federal government for grant funds received by the state was the only thing holding their effort back. They need not worry. Obama doesn't want the public relations nightmare of going after states that tried to help him with his unworkable law but failed.

Kentucky defunded its ObamaCare efforts last month. Gov. Beshear remains in denial about the fate of his "legacy" item, but there is now really no legitimate reason to keep hanging on.

Give it up, Governor.

Tuesday, May 06, 2014

Kentucky drops in behind Oregon, Massachusetts

In recent days, ObamaCare exchanges in Oregon and Massachusetts have bitten the dust. Kentucky should be next.

The media in Kentucky and those who have flown in from New York and Washington D.C. to report on ObamaCare here have done a terrible job reporting on the incompetence of those running the Kentucky Health Benefit Exchange, but that's beside the point now.

With the end of the Kentucky General Assembly session for 2014 and its refusal to give ObamaCare either the required legal authority to continue to exist or any of the funds necessary to operate in the coming biennium, the only thing delaying the official failure of Kentucky ObamaCare is continued disregard for state law by Gov. Beshear and continued misfeasance by the media.

Two lawsuits have been filed and await imminent action by the Kentucky Supreme Court. They are 13-SC-000652 and 13-SC-000667.

Friday, May 02, 2014

Derby shame: Beshear treats Obama like a lawn jockey

The Obama administration sent Kentucky Gov. Steve Beshear more than a quarter billion dollars to set up the first phase of federal health reform in the Bluegrass State. Beshear, who came into office backed by casino gambling supporters and personally guaranteeing he would change state law to allow expanded gambling at horse tracks, has failed the White House even more spectacularly. The President knows this, obviously, but is too embarrassed by other failures in his plans to make a public example of Beshear. Yet.

There are a lot more elements of the Affordable Care Act teed up to go disastrously wrong for the President (see Halbig v. Sebelius, see any future verified details about how many ObamaCare policies are paid for, sold to sick people, sold to previously insured people, etc.)  and Beshear stands to get dumped on hard in the increasingly likely collapse. In applying for the more than $252 million in federal funds to set up the Kentucky Health Benefit Exchange, Beshear had to certify the legal authority by which he created the new agency. He personally guaranteed that he had done so on the federal grant application papers by referencing the temporary reorganization executive order he filed. He did not disclose that KRS 12.028 requires him to get legislative approval to make it legal. He never got that approval.

This matter is currently awaiting action from the Kentucky Supreme Court (see 13-SC-000667).

When Beshear was sued for his role in the ObamaCare Medicaid expansion, he first claimed that he was being sued too early because he had not yet initiated the regulatory process under KRS 13A. After that claimed was rejected by the Court and too late to complete the process legally, Beshear initiated administrative acceptance of the Medicaid expansion. See 13-SC-000652

Kentucky will host visitors from all over the world this weekend and they will be regaled with stories about how a Democratic governor served his Democratic president in a state represented federally by Republicans. Don't believe it. Beshear has violated the law and his oath of office and has betrayed everyone in sight.

Enjoy the horse races.

Kentucky Obamacrats melt under slightest media scrutiny

The Hill newspaper looked at seven states with competitive Senate races and tried to do a flyover analysis of each state's ObamaCare experience to estimate what role the federal law might have in November elections.

For all of Gov. Steve Beshear's talk of "indisputable success" here, the state has actually fared very poorly in terms of meeting its federal goal for insurance policy sales with an actual premium attached. When asked about this, some Kentucky Obamacrat fell apart:dfdlf
Kentucky came in last with 37 percent based on an enrollment goal of 220,000, raising questions about how stable its premiums will be next year. 
An administration official called the conclusion unfair, arguing the target represented a combination of projected exchange and Medicaid enrollments. 
A spokeswoman for the Kentucky exchange did not immediately respond to a request for clarification. 

So when asked about the state's dismal failure to even come close to a goal which would demonstrate the slightest chance of sustainability, the official Frankfort response was a vague and very obvious lie followed by hiding out waiting for the reporter to go away. Silly Kentucky Obamacrat, that garbage only works with Kentucky reporters.

Thursday, May 01, 2014

Mitch McConnell pledges to support Matt Bevin

This is perfect.

In hotly contested statewide primaries, the Republican Party of Kentucky has made a tradition of inviting the combatants to pledge to attend a post-election unity rally.

In the 2003 gubernatorial campaign, the move helped solidify support behind Ernie Fletcher. In 2010, a skeptical tea party contingent with Rand Paul met a shocked and dismayed establishment cohorts Trey Grayson and Mitch McConnell to start that successful fall campaign.

As the polls continue to narrow in his favor, Matt Bevin has every reason to continue hedging on whether or not he will attend if the voters choose McConnell. In fact, on Monday or Tuesday Matt should put out a press release demanding full retractions and apologies from McConnell for each and every false personal attack McConnell has launched against Matt as a condition to further discussions.

Here's my thinking on this: McConnell has already announced his support for Matt as the Republican nominee if the election does not go his way. McConnell should have to explain his own horrific behavior during that campaign and seek to make amends now or explain why he thinks someone as untrustworthy as the cartoonishly corrupt image he has spent millions of dollars trying to create would deserve general election support simply in the name of party loyalty.

Very few people outside the very insular established moderate professional politician circles view party loyalty as sacrosanct as does McConnell. Mitch could be made to sweat on this point a lot in the coming days and Matt should make him do it.

Paducah Sun unmasks Beshear as blind Obamacrat

A Paducah Sun editorial today hearkens back to a discussion their board had with Gov. Steve Beshear before ObamaCare became law.

"Gov. Beshear, back at a time when he was candidate Beshear, told our editorial board he had "no idea where we would get the money" for Medicaid expansion if the Affordable Care Act was passed. He still doesn't."
That's a great point. The editorial unwittingly also perpetuates false information in claiming that Kentucky has no financial obligation for the Medicaid expansion until 2017. This is utterly false as we are even now spending state money administering expanded Medicaid without legislative approval. Fortunately for all of us, Kentucky's legislature defunded the optional parts of ObamaCare -- which includes the ObamaCare exchange and Medicaid expansion -- just last month.

Beshear's combination of ignorance and arrogance belongs in Washington D.C., not Kentucky. Thanks again to state Senate Majority Floor Leader Damon Thayer for breaking the silence over Kentucky's struggle to rein in our out of control state government executive.

Damon Thayer: we prevailed on KY ObamaCare

President Barack Obama lavished Kentucky Governor Steve Beshear with praise three months ago, calling him "a man possessed" for Beshear's zeal in pushing provisions of the Affordable Care Act (ACA) in his conservative, southern state. But that may be about to change.
Kentucky's legislature just defunded state implementation of federal health reform, derisively nicknamed "ObamaCare" by opponents in a struggle serving as the focal point for most if not all political observers ahead of midterm elections.
"Apparently Democrats can read polls that show how unpopular ObamaCare is with voters," said state Senate Majority Floor Leader Damon Thayer, a Republican from the north-central part of the Bluegrass State.
The budget bill prohibiting use of state funds for the ACA passed both chambers of the legislature by wide margins, 89-11 in the Democratic House and 37-1 in the Republican Senate. Beshear's opportunity to line-item veto any part of the budget expired without him taking action on this. The two-year state budget now says the following: "The Governor is expressly prohibited from expending any General Fund resources on any expenditure directly or indirectly associated with the Health Benefit Exchange." The Affordable Care Act prohibits the use of federal funds for state run exchanges after January 1, 2015.
Democratic House Speaker Greg Stumbo is defiant, though he hasn't explained his position other than to say he wanted to avoid a lengthy debate. He told WFPL radio in Louisville simply, "We didn't feel like that this language would be egregious to the governor in moving forward."
Two lawsuits have been filed in state court to clarify the controversy and await Supreme Court hearings. Majority Floor Leader Thayer pointed out that legislative approval of Beshear's federal health reform advocacy was never granted as state law requires in KRS 12.028.
"Senate Republicans felt strongly that no state dollars should be appropriated to fund ObamaCare. Its implementation has never been approved by the General Assembly and has been unilaterally implemented via executive order by Governor Beshear," Thayer said. "We took a strong stand on this in the budget process and, fortunately, we prevailed on behalf of Kentucky taxpayers."
Governor Beshear has made no public comments about this new development.

Wednesday, April 30, 2014

They still think ObamaCare is free

The U.S. House Energy and Commerce Committee reported today that only 2.45 million people in the federal ObamaCare exchanges out of 8 million claimed by Obama have paid even one month of insurance  premium.

“In a sad reversal away from its vows of transparency, the Obama administration, from inside the Oval Office on down, has gone to extraordinary lengths to keep basic details of the health law from the public. Tired of receiving incomplete pictures of enrollment in the health care law, we went right to the source and found that the administration’s recent declarations of success may be unfounded,” commented full committee Chairman Fred Upton (R-MI). “We need a complete picture of how this law is working. We will continue to strive for transparency and hold the administration accountable for this law’s shortcomings and broken promises.”  

Lexington Herald Leader House candidate questionnaire

This afternoon, the Lexington Herald Leader issued state House candidate questions for a pre-primary voter guide to be printed on May 18, 2014. Each question must be answered in 45 or fewer words. Here they are, with my answers.


1.  Should the Kentucky Constitution be changed to allow casino gambling?

Kentucky shouldn't prohibit gambling, but must forbid  governments owning, managing or regulating, selling or giving licenses or taxing any business engaged in gambling differently than other businesses. Government officials must not project future revenues from gambling or spend revenues on non-debt items.

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

Yes, but only in conjunction with stronger voter identification requirements.
.

3.  Do you support or oppose Gov. Steve Beshear’s decision to expand Medicaid eligibility in Kentucky under the federal Affordable Care Act?

Oppose. The legislature did not approve the expansion of Medicaid under ObamaCare and has prohibited necessary state funds from being spent on the expansion.

4.  Should the state provide $80 million to help pay for a proposed redesign of Rupp Arena and an attached convention center?

No, it should be funded privately.

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

No, property owners are capable of implementing smoking bans should they choose to do so. Protecting that choice is the proper role of government.

6.  Do you support or oppose a statewide prohibition of discrimination based on sexual orientation?

No, sexual orientation is a private matter. Individuals and businesses should not be subjected to further government interference regarding sexual orientation.

7.  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?

Beshear administration policies now provide funding for elective abortions in violation of state law, which means taxpayers could be required to fund these ultrasounds. I support clarifying legislation first and then requiring a doctor to present the results of an ultrasound before performing an abortion.

Tuesday, April 29, 2014

Oregon ObamaCare collapse presages Kentucky's

The Oregon Business Report is considering what will happen in their state after the federal government takes over their ObamaCare exchange. Very interesting, as they point out, that the whole thing may fall apart because of a federal lawsuit in which a ruling is expected any day now.

Kentucky's General Assembly defunded Kentucky's exchange earlier this month. While Gov. Beshear is still in denial about what this means for Kentucky's exchange, what is happening in Oregon bears close watching as this will soon be our fate too.

Monday, April 28, 2014

Is Mitch McConnell taxed too much?

A silly left-wing blog post from Friday points out evidence that Sen. Mitch McConnell's re-election campaign is paying for one of his staffers' health insurance premiums for Kentucky ObamaCare's public option KYHC.

You can read the post here.

A couple of things about the $170.43 monthly premium: one, that's a lot of money for what is almost certainly a young person and it's significantly more than similar coverage would have cost in 2013. And two, no such premium exists on the approved rate charts of the Kentucky Health Cooperative.

That means this ObamaCare plan for a McConnell campaign employee is either subsidized by federal taxpayers or the premium includes a tax Gov. Beshear didn't get authority to levy, or both.

What we need to know to figure this out is the age, home zip code, smoking status and chosen plan of the covered employee.

Sen. McConnell?

Sunday, April 27, 2014

What's their phone number, Mitch?

Mitch McConnell came out of hiding this past week, but probably wishes he hadn't. The national media is all atwitter because Sen. McConnell said creating jobs isn't his job, but that's not the embarrassing part of his statement.

Government destroys jobs. The closest thing to creating jobs government can do is to get out of the way. That should have been very easy to say. But alas, it was not to be.

Asked what he would do to bring jobs to Lee County, McConnell said "That's not my job. It is the primary responsibility of the state Commerce Cabinet."

The Democratic response and that of the media has been focused on the "that's not my job" part of the quote. McConnell even responded to that, saying "It's up to all of us -- at the federal, state and local levels."

No, again. Waiting around for government at any level to create jobs is not something a person who understands economics would ever say.

But the really funny part -- what makes this an embarrassing gaffe -- is that Kentucky hasn't had a Commerce Cabinet for many years. Telling jobless Kentuckians to get off his back and call a nonexistent government agency in Frankfort is something Mitch's opponents should waste no time hitting him on.

Friday, April 25, 2014

Rand Paul should help Matt Bevin on cockfighting "issue"

It wasn't that long ago Rand Paul got raked over the coals nationally for explaining that there are limits to federal jurisdiction. Rand's episode related to the Civil Rights Act of 1964 and is so similar to the current dust up over Matt Bevin and cockfighting that Rand is the perfect person to come to Matt's aid now.

National media figures are having a field day because Matt spoke about states rights at a Corbin rally organized for the purpose of promoting the legalization of cockfighting.

The whole ordeal has as its genesis a successful effort by Sen. Mitch McConnell to make attending a cockfighting event a federal crime. The only fact that matters is that the U.S. Constitution does not grant Congress jurisdiction over such an activity. Rand Paul understands the truth and he also remembers well how McConnell left him to twist in the wind when left-wing talking heads were calling him a liar and a racist.

McConnell does not recognize limits on federal jurisdiction. That's why he is so blatantly incapable of discussing problems with ObamaCare beyond focus grouped talking points. Matt has made his race against McConnell close by himself. Rand can and should come in now to give Liberty another powerful voice in Washington D.C.

 

Thursday, April 24, 2014

Kentucky ObamaCare scandal hits Louisville television

I will be a guest on WHAS11 Saturday morning at 9:30 am ET talking with Joe Arnold on his program "The Powers That Be."

Joe asked me to come on to talk about the Kentucky General Assembly's defunding of ObamaCare and about the U.S. Senate race.

The station is not sure yet whether the program will be live-streamed, but there will be a link sometime this weekend.

Wednesday, April 23, 2014

The ObamaCare poll question Kentucky didn't get

I haven't seen cross-tab data on a new Kentucky ObamaCare poll out this afternoon, but find the most interesting question is the one they didn't ask.

According to the New York Times/Kaiser Family Foundation poll, 59% of Kentuckians disapprove of Obama's handling of health care, 55% disapprove of the Affordable Care Act, 41% want the law repealed, and 53% think the Kentucky Health Benefit Exchange is working well.

With literally hundreds of mainstream news stories working to skew public perception in favor of Kentucky ObamaCare, those last two points can't surprise anyone. I wonder, though, how the response might have been different with more balanced reporting in Kentucky followed by questions like: "Gov. Beshear ignored has ignored state law and is spending Kentuckians' money illegally on the Affordable Care Act. Do you approve or disapprove of this?" or "The Kentucky General Assembly refused to provide Gov. Beshear access to hundreds of millions of dollars in state funds for the Affordable Care Act that will be needed to carry out the federal law's optional provisions. Do you approve or disapprove?"

Giving ObamaCare billions of dollars in free media over several years is the only part of this mess that has been wildly successful.

Beshear says 1 in 3 ObamaCare premiums unpaid

In a press release not yet posted to Gov. Steve Beshear's web site, he says only 68% of ObamaCare insurance enrollees on the Kentucky exchange have paid their first monthly premium.

Beshear's track record of dishonesty in talking about ObamaCare is firmly established, but even if this statistic is taken at face value it is an extraordinary admission of failure.

Beshear claims 82,795 Kentuckians have signed up for health insurance since last October 1. Initially, enrollees had until January 10 to make premium payments to avoid cancellation. That was later changed to allow subsidized enrollees to fall into arrears by up to six months before being cancelled and to allow unsubsidized enrollees thirty days.

So now Beshear claims 26,495 haven't paid anything yet. Subsidized enrollees with a January 1 effective date on their policies got letters over the last week threatening loss over coverage if they do not become current on premiums by June 30. Late-paying unsubsidized enrollees were given thirty days from the date of their letter to become current.

Any way you look at it, a very significant chunk of ObamaCare enrollees are not paying premiums. Beshear yesterday said with a straight face that he didn't know how many people signed up with Humana, Anthem and Kentucky Health Cooperative using paper applications. He should be asked for multiple breakdowns of late payers to give a clearer picture of the status of ObamaCare in Kentucky.

Tuesday, April 22, 2014

Merry-go-round politics in Frankfort today

Gov. Steve Beshear is holding a press conference today at the State Capitol at 1pm at which he is expected to parade some ObamaCare "winners" in front of the cameras.

This is an example of the worst of politics. It's a merry-go-round in which the politicians pick your pocket and hand your wallet to the next person, hoping the merry-go-round keeps spinning up more quiet victims and enough loud beneficiaries.

The 2014 Kentucky General Assembly refused to ratify creation of an ObamaCare "exchange," a necessary step to expenditure of state funds which, by the plain language of the "Affordable Care Act" must be spent after federal funds run out January 1, 2015. The Medicaid Expansion in Kentucky was initiated too late under KRS 13A to become a legal obligation of Kentucky taxpayers. And the General Assembly's budget specifically prohibited spending state funds on the exchange or for making the Medicaid expansion permanent.

The legislature gave us all we need to win our two lawsuits to stop ObamaCare in Kentucky and Beshear failed to veto the ObamaCare-killing language when he had the chance. The federal government must now take over control of the exchange (which they can't do) and the Medicaid expansion in Kentucky must be reversed.

Monday, April 21, 2014

Kentucky state debt now highest ever

Kentucky's state government appropriation-supported debt reached an all-time high in a newly released report from Frankfort.

The debt level as of December 31, 2013 was just short of nine billion dollars an increase over the prior twelve months of more than $255 million. The official count is $8,934,679,928 as reported in Appendix B of the Semi-Annual Report of the Kentucky Asset/Liability Commission.

The report is filed by law every six months. I'm not aware of any newspaper article ever being written on the subject of Kentucky's mounting debt found in this report. The debt level in this report in the month Gov. Steve Beshear came into office was $6,123,678,909.

Kentucky's pension debt is not included in any of these figures.

Thursday, April 17, 2014

Kinsey Hasstedt's mistake on Kentucky abortion law

The Guttmacher Institute's Kinsey Hasstedt researched problems in the states regarding coverage issues for abortion in ObamaCare health insurance policies. There are apparently a lot of them. Interestingly, she missed one.

Ms. Hasstedt must not have looked closely enough at states with statutes forbidding abortion coverage. Kentucky is such a state, but our ObamaCare plans cover abortion anyway.

If you know Kinsey Hasstedt, publicly funded family planning program public policy associate at the Guttmacher Institute, please show her this link.

Wednesday, April 16, 2014

First hint of KY ObamaCare cancellations slips out

Internal documents received from within the Kentucky Health Benefits Exchange reveal thousands of policyholders of the state's public option ObamaCare insurer did not pay their March premium and face cancellation of their health insurance.

Information on any of the other companies' cancellations or for the public option's cancellations in other months have never been made available.

The Beshear administration has been extraordinarily tight-lipped about consumer defaults in the exchange plans and did not willingly provide this information. Nearly five thousand letters went out in recent days to policyholders of the Kentucky Health Cooperative, the cheapest plans in the state thanks to having received enormous federal subsidies.

Policyholders who do not get taxpayer subsidies for the purchase of health insurance have a thirty day grace period to catch up on missed March payments. Again, officials have refused to divulge cancellation figures. Policyholders who get taxpayer subsidies for health insurance get ninety days. Interestingly, non-subsidized policyholders who do not catch up payments lose coverage effective the last day through with they were paid up. But subsidized policyholders who do not catch up appear to get one month free coverage, with cancellation back-dated only two months.

You know who will wind up picking up the tab for any losses attributable to that little loophole, right?


Beshear ObamaCare wiped out by General Assembly

The 2014 Kentucky General Assembly ended last night at midnight, but not before crushing Gov. Beshear's attempt to force Kentucky into ObamaCare.

The only bill filed in the last two years seeking to make Beshear's executive order creating the ObamaCare exchange didn't even get a hearing in the legislature's biggest ObamaCare cheerleader's own committee. Then the budget bill including language forbidding expenditure of state funds on the exchange passed almost unanimously.

The Medicaid expansion part of ObamaCare is spending unappropriated state dollars now. The budget just passed forbids that to continue.

The General Assembly is not a police force and it wouldn't be a good one now even if it were. They could impeach Beshear and remove him, but the House Democrats won't do that, so it won't happen this year. The brain dead Frankfort media won't even report on the controversy, owing to some really bizarre fear of Beshear -- can you imagine? -- and willful ignorance of the law.

The way our court cases are structured, several Kentucky judges are going to have to be willing to rule that Kentucky is a dictatorship and Beshear is king in order for the law not to be followed in this instance. We will win this.

Tuesday, April 15, 2014

ObamaCare is about one thing right now

There are several good reasons not to like ObamaCare -- higher premiums, higher taxes, wasted tax dollars, worsening of health care quality, and (apparently) lots of faked data to prop the whole mess up at least in the early going -- but only one that turns left-wing apologists into mumbling tubs of goo.

The next time you get in a discussion with an ObamaCare supporter, you can chase any of the above issues around in circles for a while before the return fire gets nasty. But in order to be called a racist right off the bat, spend a little time studying up on the illegality of the implementation of the Affordable Care Act.

A great place to start is with the federal lawsuit Halbig v. Sebelius. This one is over the issue of federal subsidies being doled out through state-run exchanges but not through federally run exchanges as the ACA clearly mandates. The idea originally for Obamacrats was to attempt to force states to create their own exchanges or face unsubsidized premiums for their ObamaCare victims. After nearly three dozen states opted out anyway, the IRS attempted to illegally change the law to subsidize premiums in opting out states. This case is making its way to the U. S. Supreme Court. Keeping the discussion on this front is not only more productive than walking directly into the avalanche of pro-ObamaCare spin, it's a lot more fun at least until the 2015 ObamaCare premiums come out in about two months.

Irony falling from Frankfort sky

Due to the cold, snowy April weather, a state government observation of "Earth Day" for global warming hysterics has been moved inside to the Capitol Rotunda today.

The email announcement didn't say this, but I'm guessing they will leave the lights on inside as well as the heat, while lobbying for others to turn their lights and heat off to keep from destroying the planet with capitalism.

Senate GOP should boycott Beshear special session

Beshear and the Frankfort House Democrats want to force a special legislative session in order to impose one last Democrat-heavy road plan on the people of Kentucky. Senate Republicans have no reason to play along.

The road plan can wait until January when the new House Republican majority can help clarify for Gov. Beshear the limits on his political nonsense. Beshear has grossly overplayed his hand as a champion for big government and has helped inspire Republicans in sufficient numbers to make his last year in office a miserable one. Big steps in the right direction are within reach. Senate Republicans, just say no.

Monday, April 14, 2014

Shock: another Democrat thinks you're stupid

Congressman Andy Barr's opponent Elisabeth Jensen has the left-wing Twitterati buzzing with a radio ad in which she attempts to gin up confusion over the name of Kentucky's version of ObamaCare.

This all goes back to a story from last year's Kentucky State Fair in which a random Kentuckian supposedly expressed interest in "Kynect" by saying that it sounded a lot better than ObamaCare.

In all likelihood that fabled event never happened, but meanwhile it has been repeated so many times around the world it is now taken as gospel. Count the media and left-wing activists as too excited to care as the rest of us look to restore the rule of law.

Start orderly dismantling of Kentucky ObamaCare

Gov. Steve Beshear had ten days to veto the General Assembly's agreement to defund ObamaCare in Kentucky and start a huge fight for today and tomorrow, but he didn't do it. Now, he must accept reality and start taking down the Kentucky Health Benefit Exchange.

At the top of page Page 124 of the Patient Protection and Affordable Care Act it states "No federal funds for continued operations ... In establishing an Exchange under this section, the state shall ensure that such Exchange is self-sustaining beginning on January 1, 2015, including allowing the Exchange to charge assessments or user fees to participating health insurance issuers, or to otherwise generate funding, to support its operations."

The 2014 Kentucky General Assembly refused to ensure that our Exchange will be self-sustaining on January 1, 2015, refused to authorize assessments or user fees and refused to allow spending of any funding generated otherwise. In fact, the budget just passed almost unanimously by both chambers states "The Governor is expressly prohibited from expending any General Fund resources on any expenditure directly or indirectly associated with the Health Benefit Exchange."

It's all over except for further illegal activity by Gov. Beshear. The budget language very much bolsters our case against Beshear for illegally setting up the Exchange. Keep an eye on 2013-SC-000667. Shut it down now, Governor.

Saturday, April 12, 2014

Kentucky media chooses Beshear over reality

The Kentucky legislature has repeatedly refused to give Gov. Steve Beshear permission to put us into ObamaCare. He can't put us into ObamaCare without legislative approval.

Adam Beam of the Associated Press Frankfort bureau was the only reporter to even mention the fact that, last night, Beshear decided not to fight the legislature's refusal to fund ObamaCare. None of the others even mentioned it.

One reporter even argued with me when I called to ask if he would report the fact, claiming falsely that Beshear doesn't need state money for the exchange or the Medicaid expansion in the next two years. Federal funds for the exchange will run out very early in 2015 and Kentucky is spending state dollars for the Medicaid expansion right now.

Beshear hopes to continue ignoring state law, the Constitution and very explicit budget language passed into state law as our cases to stop him head to the Kentucky Supreme Court. That's one heck of a story for them to try to ignore.

Friday, April 11, 2014

VICTORY! ObamaCare defunding language survives

Gov. Steve Beshear just released his budget vetoes and the legislature's ObamaCare defunding language is not among them.

It's a huge win. The legislature did their part to get Kentucky out of ObamaCare and Beshear chickened out of the fight. He will continue on illegally, of course -- old habits die hard -- but our two cases for the Kentucky Supreme Court now have existing law and existing budget language to back them up.

Heading into the home stretch. Thanks so much for all your support so far.

ObamaCare requires transparency, Beshear refuses

Section 1311 of the Affordable Care Act requires states to post all of their expenses to the internet, Gov. Steve Beshear has failed to comply with the law.

From the ACA:
"An exchange shall publish the average costs of licensing, regulatory fees, and any other payments required by the Exchange, and the administrative costs of such Exchange, on an Internet website to educate consumers on such costs. Such information shall also include monies lost to waste, fraud, and abuse."

Where is that information, Governor?

Not the same as three votes for ObamaCare...

Kentucky law requires Governor Steve Beshear to get approval from both the legislature and the judiciary to keep Kentucky stuck in ObamaCare. He prefers his good friends Rosita and Abby from Sesame Street. He has until Tuesday April 15 to get legislative approval.

Thursday, April 10, 2014

Can 400,000 ObamaCare enrollees be wrong?

I wish I had a nickel for every time some Obamacrat told me the only thing that matters about Beshear and the Affordable Care Act is that so many people have gotten signed up now that there is no way to go back. In fact, I'm even getting it from some squishy Republicans now.

They are missing one key point.

Gov. Beshear did not get legislative approval to opt us into ObamaCare. State law requires him to do so. It doesn't matter even a little bit that there are now supposedly 400,000 Kentuckians signed up into this mess. The law states that a temporary reorganization executive order expires 90 days after the legislative session ends and the executive order unratified. That happened at the end of the 2013 General Assembly.

That's why I sued Beshear then. The fact that he responded by simply re-issuing the executive order help him at all when this one expires. If we simply ignore the rule of law because Beshear goes on national television and gets kudos from the President, what is to stop a Republican governor from administratively creating private school vouchers and then claiming it would be inhumane to make all those kids go back to public schools.

And yes, I would support that policy but could not support getting it done illegally. Maybe that's just a difference between Obamacrats and the rest of us.

ObamaCare will NOT help with your car insurance

Pro-ObamaCare media types desperate to declare victory on "health care" and move on to socializing something else are milking a very iffy talking point speculating incorrectly that the Affordable Care Act could reduce the cost of car insurance. The claim doesn't hold up to any kind of scrutiny.

In fact, if you read much past the headline of these ridiculous stories you will see they are really just throwing up a meaningless headline to get attention.

In fact, the question we should be asking is does ObamaCare make it illegal for an automobile insurance policy's personal injury protection (PIP) to cover a Medicaid recipient? How about if you have a high-deductible plan or a narrow network that doesn't give you the medical services you need? Technically, these are a couple of ways of lowering costs for insurers, but that could lead to some nasty surprises for consumers.



Wednesday, April 09, 2014

Republicans must shut down Kentucky LEC

Frankfort House Democrats' abuse of power has gone too far once again, but what's different this time is Republicans are very strongly positioned to make them pay for it.

The last time a Frankfort Democrat's sexual exploits gained public attention -- Paul Patton in 2002 -- Republicans temporarily took the governor's mansion. Now, a Democrat House member's serial sexual harassment and Democrats' successful whitewash of it stands to be a catalyst for a unprecedented and long-standing Republican wave capable of washing away lots of Frankfort mud.

Republican House candidates should campaign on shutting down the Legislative Ethics Commission, a stupid bureaucratic cover-up vehicle for protecting unethical behavior. Further, KRS 418.075(4) should be amended to clarify that illegal actions performed by legislators are no longer worthy of special treatment under Kentucky's illegitimate treatment of the concept of legislative immunity.

Tale of two more ObamaCare glitches

Left-wing "New Republic" has an article talking about U.S. House Republican leaders sneaking through a small ObamaCare fix for small businesses and suggesting they could be setting the stage for undermining the best federal lawsuits remaining to unwind the "Affordable Care Act."

The sneaky move repealed a piece of ObamaCare hurting small businesses and made the coalition for repeal just a little less populated and energetic. The writer of the article suggests this should inspire hope on the left that Speaker John Boehner and friends might change the law again to allow the IRS to zap taxpayers in states refusing to set up and pay for their own ObamaCare exchanges.

From the article:
"Right now, the ACA faces a remote but real threat thanks to a drafting error in the law, which, taken out of context, suggests that residents in states without their own exchanges (i.e. Healthcare.gov states) are not entitled to insurance subsidies. It's difficult to imagine the Supreme Court creating this kind of chaos over decontextualized sloppy language when the statute read in its entirety is unambiguous. But Congress could moot the legal challenge in a single afternoon. A technical corrections bill would eliminate a real source of anxiety for insurers, providers, consumers, and even politicians from Healthcare.gov states. And the logic against passing such a bill just became much weaker." 
First, the language referred to in the article was clear, intentional and in context. The intention in the ACA was to incentivize states to set up their own exchanges by prohibiting subsidies in states without state-run exchanges. When nearly three dozen states figured out this was a great way to undermine the law and hasten its demise, the IRS grabbed Obama's pen and cell phone and pretended the provision away. Four federal lawsuits seeking to clarify Obama's understanding of his own law for him are on the way to the U.S. Supreme Court.

The plain language of the law rightly carries significant legal weight. The left responds with its last hope, an emotional appeal: "It's difficult to imagine the Supreme Court creating this kind of chaos over decontextualized sloppy language..."

No, it isn't. First, the language in question was intentional. Second, blaming the Supreme Court for "creating chaos" by requiring Obama to follow his own law sounds a lot like something Gov. Steve Beshear might say.

In fact, Beshear is depending on exactly that same sentiment in hopes that no one will stop him from continuing to violate state law requiring legislative approval of ObamaCare because so many people (according to him) are having so much fun since he started.

Setting both of these ObamaCare glitches straight accomplishes much more than wrecking one bad law. It will ensure that the rule of law still exists in the United States and in Kentucky.

KY Democrat ObamaCare lunar module burning up on re-entry

Last October I predicted in the Louisville Courier Journal that Kentucky Democrats might soon turn on each other over ObamaCare, but I didn't predict this.

I'm not so troubled by Democrat and media alternate reality attempts to create myth about the "wildly successful" ObamaCare. Politicians have been spinning massive failure to look like success since before King George bragged about his high approval rating in the Colonies and told everyone in England that all the dead redcoat soldiers were merely unfortunate victims of training exercise mishaps. As I explained in the newspaper, the bigger issue is Gov. Beshear's blatant disregard of state law requiring him to include the legislature in the decision to sign the state up for ObamaCare or not.

But it was a surprise just now to see the latest Democrat-on-Democrat sword fight that includes, hilariously, charges of racism. (Click here to read it.)

Frankfort Democrats have already gone on record aborting an effort to defund Kentucky ObamaCare before flipping around and voting to defund it. In five days they will likely be faced with an override opportunity for Beshear's veto of their defunding language, which will be interesting to watch. Would have been much easier and less politically costly if they had just agreed that the governor must follow state law.

Tuesday, April 08, 2014

Herald Leader reporter clarifies ObamaCare bias

A Lexington Herald Leader political reporter went on a left-wing podcast published today and destroyed any semblance of objectivity he might have had on ObamaCare.

"The opposition to (ObamaCare) --and I feel this is the case pretty much around the country -- is not for people who don't have health insurance," said reporter Sam Youngman here. "Signing up half of Kentucky's 640,000 uninsured population in the first enrollment period is pretty impressive."

Several problems jump out for Mr. Youngman's claims of objectivity after this brief quote. It is an objective fact that at least a large portion of those who gained ObamaCare coverage did so only after becoming uninsured because of ObamaCare. And understanding negative consequences of policy is indisputably more a function of an awareness of economics than of whether or not one has health insurance. Destruction of the health insurance market under ObamaCare manifests itself in higher premiums and deductibles, very limited coverage options, expensive but unusable coverage mandates and narrow provider networks and is not fixed by income-based subsidies. In fact, in every market where subsidies are used they expose failed policy, rather than fix it. Any way you slice it, defining opposition to ObamaCare as consisting of people with health insurance requires a naked bias that contradicts any pretense to journalistic balance.

The estimate of Kentucky's uninsured population from the Beshear administration is an outdated guess. Decades of experience with government guesses of uninsured populations suggest at least some -- and probably a lot of -- inflation. By any measure, the largest recent contributor to any expansion in the uninsured population is ObamaCare itself. Less recently, steadily increasing government activity has actually created much of the problem. A federal mandate, an aggressive state and federal marketing campaign and expensive federal subsidies rolled out with the absurd goal of fixing largely government created problems requires very low levels of cynicism or even curiosity for someone who is supposed to dig up information for a living to find "pretty impressive."

And let alone the fact that the state has been forced into the worst of this nonsense by a governor who had to ignore state law to do it, falsify court documents in attempting to keep it and is even now scrambling around for cash to keep the illegal enterprise afloat.

All this time I thought Sam Youngman avoided writing the other side of the ObamaCare story because his editors wouldn't let him, but it appears he is a true believer.

Monday, April 07, 2014

Left-wing Medicaid promotion double standard

MoveOn.org just now won a motion in federal court in favor of keeping up a billboard attacking Louisiana Gov. Bobby Jindal for refusing the ObamaCare expansion. The media is having a field day.

In Kentucky, we caught Gov. Beshear faking court documents last July trying to force Kentucky into the same mess. Crickets...

There is a lot of fight left in the Kentucky ObamaCare story and the more you look, the more surprising it is Beshear thought he could get away with it all. He has the Kentucky media in his pocket, but if you share this story and encourage your friends to do the same, we will win in the court of public opinion before we win in the court of law.

Would Andy Beshear prosecute his dad over ObamaCare?

Gov. Steve Beshear's son wants a government job. Andy Beshear is a candidate for Kentucky Attorney General in 2015. Kentucky's top Obamacrat has a government job she testified in court was created by a gubernatorial executive order on July 19, 2013. If the General Assembly does not ratify that executive order in the next 8 1/2 days, Carrie Banahan loses her state government job.

There can be little question Gov. Beshear will not voluntarily yield to Kentucky law when it stops him from giving taxpayer money to his political friends. Jack Conway has already refused to intervene in this issue and can't be counted on to act against Beshear's illegal actions. Does anyone seriously believe Beshear's son would?

I see two Kentucky Democrats proving themselves unworthy of election in 2015 over their positions on ObamaCare. How about you?