Good News! Fletcher, Stumbo Agree You Are A Hurricane Katrina Victim

I'm getting pretty tired of the role reversals in politics giving us "conservative" politicians who eagerly embrace a liberal mind-set. Yesterday, Ernie Fletcher joined hands with Greg Stumbo and proclaimed that all Kentuckians are hurricane victims under a state of emergency from a 2005 Gulf Coast storm and we are going to stay victims for the forseeable future.

When Greg Stumbo's Deputy Attorney General Pierce Whites attacked Marathon Oil under Kentucky's poorly conceived price gouging law saying "there is no constitutional right to price gouge," he was taking a position that might help Stumbo in the upcoming Democratic primary.

Populism traditionally seeks to deny the laws of economics and promote vagueness in favor government power in the name of "doing something."

What's disappointing is how Ernie Fletcher played along in response to Marathon Oil's lawsuit seeking to improve or remove Kentucky's price gouging law. Kentucky has been in a state of emergency since Fletcher declared one on August 30, 2005.

The lawsuit asks the court to void Fletcher's emergency declaration or set a time limit on it.

Fletcher interpreted that as an attack on the powers of his office.

"The fact of the matter is the executive order stands and it has the full force of law, and we'll be defending that aspect of the suit," Fletcher said.

What's even more disappointing is that neither of Fletcher's primary opponents are going to call him on this. The electorate has moved so far left that the smart political money rests firmly on the side of calling ourselves victims and suing our largest service providers for providing services.

Jim Newberry And Teresa Isaac Were Sued Today; Violated State Whistleblower Act

Lexington Mayor Jim Newberry and his predecessor Teresa Isaac were sued today for violating Kentucky's Whistleblower Act. The suit was filed by John Vest, the FBI informant in the Fayette County Detention Center prisoner abuse scandal.

The filing describes how Vest approached the Federal Bureau of Investigation early in 2006 to report abuse of prisoners by FCDC employees. The filing states the FBI instructed Vest to covertly collect information for a federal criminal investigation and that he documented "numerous instances of the unauthorized use of force against Detention Center inmates by other Government employees in violation of Kentucky and Federal criminal laws."

The evidence provided by Vest brought dozens of FBI agents to Lexington in October 2006 to raid the Detention Center and seize evidence. After then-Mayor Isaac stated she had personally viewed the hundreds of hours of video and other kinds of evidence in a one-night cram session, she stated no evidence of wrongdoing existed. She and FCDC Director Ronald Bishop stated to the media that Vest was lying to the FBI.

The suit alleges Vest's efforts to seek Whistleblower protection were, at various times, ignored or met with hostility. Jail officials refused Vest's transfer requests to a safe work environment and, in February of this year, sought to terminate Vest's employment. Mayor Newberry, despite his knowledge of Vest's whistleblower status, signed off on it.

The suit alleges Isaac and Newberry are both guilty of official misconduct in the first and second degree, abuse of power, civil rights violations and that Isaac is guilty of slander. Vest requested a jury trial and awarding of compensatory and punitive damages.

Newberry is the current mayor of Lexington and Isaac works for Bruce Lunsford's campaign for governor.

Marathon Oil Sues Fletcher And Stumbo

Ernie Fletcher and Greg Stumbo find themselves on the same side of a legal struggle today. Both have been named as defendants by Marathon Oil in a federal lawsuit.

The suit attacks Kentucky's price gouging law on three fronts. First, it says the law unconstitutionally affords the Attorney General power to attack businesses and write his own standards on the fly. Second, Marathon claims Governor Fletcher's August 31, 2005 Executive Order 2005-943 putting the gouging law into effect failed to specify the length of time the price-fixing regulation would be in effect in violation of Section 2 of the Kentucky Constitution. Third, the suit states that the price gouging law violates the U.S. Constitution's Commmerce Clause and unfairly inhibits competition.

The suit claims the Governor's issuance of Executive Order 2005-943 declaring a state of emergency was illegally applied in 2005 and has never been terminated. The suit also claims Stumbo lied when he said Speedway violated the Kentucky Consumer Protection Act and includes a transcript of Stumbo's August 8, 2006 press conference as evidence.

The suit asks for the law to be declared unconstitutional and for the defendants to be ordered to pay costs, attorney fees, and "all other relief to which the plaintiffs may be entitled."

I'll Take "Four-Letter Acronyms For Bad Education Policy" For $100, Alex

Can't help but think that if Billy Harper had steered clear of promoting his role in forming the Kentucky Education Reform Act at the beginning of his campaign's advertising last year, the GOP race might look different that it does right now.

Kentucky Sued, Lunsford/Stumbo Should Pay

The MSM isn't reporting that Marathon Oil yesterday filed a federal lawsuit against the Commonwealth of Kentucky because of Attorney General Greg Stumbo's political stunt.

There are serious constitutional issues with Kentucky's price gouging law and Stumbo knows it. The Lumbo campaign should be made to pay the state's legal expenses.

KERA And The Governor's Race

It's Day Two of the "KERA is Good" tour at the Courier Journal.

They are trying to bash Governor Fletcher for saying he wouldn't have voted for KERA and that Anne Northup was wrong when she did vote for it.

The Fletcher campaign may have some trouble capitalizing on this if word gets out about the multiple resume "typos" of his new Education Commissioner appointee.

Greg Stumbo's Political Witch Hunt Against Big Oil

Attorney General Greg Stumbo has started suing oil companies for rising gas prices. This will satisfy a large part of the electorate, but Kentucky's stupid price-gouging law will eventually get a serious test in court.

With any luck, it will fail in the court of law. Price fixing laws are bad enough. Price gouging laws tie the concept of government control to emotional natural disasters and public emergencies to create an artificial price level that "feels right" to the politician who happens to be in charge at the time.

Unfortunately, good economics is usually bad politics. We desperately need to realize that when politicians "just do something" to fix a problem, they too often make is worse. Gas prices are a perfect example of this.

What This Race Should Really Be About

The GOP gubernatorial primary has gotten personal. What issues do you wish the candidates would address?

Ed Whitfield Is a Fair Taxer

While former U.S. House members Ernie Fletcher and Anne Northup are clashing about who has raised taxes higher, Rep. Ed Whitfield of Kentucky's First District wants to shut down the Internal Revenue Service.

Whitfield has signed on to the Fair Tax Act. Good move, Rep. Whitfield.

Which Dem Campaign Will Have Most Impact On Policy In Kentucky?

Bruce Lunsford would give us Canadian-style healthcare. Steve Beshear would invite in casinos.

We would contend with the possibility of these policies if one of these candidates actually won election. Neither initiative, though, is very likely to gain passage through the legislature. But Jody Richards may have more of an impact by losing than most other candidates would have by winning.

Richards' poor showing in the race should result in his removal from the Speaker post in the House. Who the House Dems will serve up in his place to lead in the General Assembly will determine which bills get a hearing in that chamber. A governor might alter state policy substantially, but Richards' ouster on May 22 and again in January will create very interesting opportunities for change in state government.

Courier Journal Loves Anne Northup?

The Courier Journal asks GOP primary voters to consider the difference between the largest tax increase in Kentucky history and a smaller "modernization" tax increase and to favor the bigger one.

While I don't have much energy for defending Fletcher's "revenue-neutral" tax increase, the CJ support for KERA is pretty far over the top.

Let's start with the first sentence:

... the Kentucky Education Reform Act, which has done so much to lift achievement and aspirations in this state ...

This old talking point is contradicted by ACT scores that the state educrats can only manage to show improvement in when they falsify results by including scores from private school students.

Then there is this:

Actually she voted, like every other public-spirited and thoughtful member of the General Assembly, to fund KERA.

Flowery adjectives shouldn't distract from condemnation of a particularly bad investment Republicans knew was likely to perform poorly.

Then, for a newspaper that so enjoys calling conservative people liars, this string of whoppers can only be described as remarkable:

She voted to help poor districts overcome an illegal, unjust and destructive system of funding; to create family resource centers; to modernize the school curriculum; to give parents a real role in the administration of schools; to buy the technology needed for a modern, competitive K-through-12 education; to test our kids and hold schools accountable for any lack of progress.

It is telling that the same people who insisted KERA would make education so much better in Kentucky are now demanding billions more to make education better.

It would be nice if we could move education policy discussions beyond the sound-bite level. Some improvements do require money, but others that would save it -- such as school choice and higher standards -- get sold short. Now that both R's and D's are stuck on selling ever-increasing funding levels as their primary function in education reform, I'm not hopeful we will progress here any time soon.

I Spy With My Little Eye, A Shift In The Race

Very reliable inside sources report each of the Republican gubernatorial campaigns have polling data showing Anne Northup with a small lead and headed for a run-off with Governor Ernie Fletcher.

WROCK Blogster

Former Rep. Anne Northup turned the tables on a fairly tough crowd at the Women Republicans of Central Kentucky meeting today in Lexington, claiming she hasn't been nearly as negative as Ernie Fletcher -- who she compared to Bill Clinton -- in this campaign.

Interestingly, she also mentioned "relentless attacks on blogs" directed at her.

Robbie Rudolph and Dick Wilson spoke on behalf of their campaigns as well.

What's Next: "Drive Off In A New Otis Mobile, Those Other Clunkers Will Leave You Stranded!"

Marketing to political observers is something political bloggers struggle with every day. So this email from Rick's City Cafe in Frankfort got my attention:

Good morning---today, let's get the special out of the way first----OYSTER PO-BOY AND SIDE FOR $1.00 OFF REGULAR PRICE OF $7.99!!!! Of course you can get the "GATEWOOD BURGER" right up to him becoming governor for $4.99 with a side dish!!!

NOW, about those republican and democrat fat filled, preservative laced (I mean look at Mr. Lunsford and Ann Northrop), artificial color (take a look at some of those fake tans---what are they trying to hide---hello Steve Henry aka George Hamilton), BS filled hot dog candidates for governor!!!! Not a dimes worth of difference and like a real hot dog---they may end of killing you---- with their policies!!! AND THEN---- we have the lean, mean, healthy, low fat, no filler, organic, HAMBURGER!!!!This product is very pure and healthy for you and all Kentuckians---I now present to you GATEWOOD GALBRAITH---not a greasy fat filled hot dog, but a picture of health---He is simply the diet we need for all of Kentucky!!!

I hear customers say---if Gatewood had a chance, I would vote for him!!? The only way he has a chance is if you do vote for him!! From Republicans to Democrats to Independents to reporters to fireman to policemen to the average every day citizen on the street, there is one word I hear more than any other and that word is GATEWOOD!! So, vote your conscious mind and let's make a difference our children will be glad you made!!

I haven't had the Gatewood Burger, but I might have to sneak by and grab one. Rick's Cafe is not far from the Capitol and the food is fantastic.

Next time, Rick, buy an ad!

Is Billy Harper Worth Another Look?

The Harper campaign has been saying for months that Northup and Fletcher would eventually tear each other apart giving Billy Harper an opportunity to slip through the middle.

Now that the slugfest has started -- and given Harper's ability to write his own check to take advantage -- some people might be willing to give Billy Harper a chance.

His leadership against the Alternative Minimum Calculation and his well-known position against new taxes combined with his strong stances for school choice and Right to Work and against Certificate of Need laws could make things interesting.

Stan Lee Is On The Air

Mark Nickolas' Kiss Of Death

His first gubernatorial candidate out of the race, lefty blogger Mark Nickolas sees a momentum shift from Skippy Miller to Anne Northup.

Burning Question Two Weeks From Election Day

Will Anne Northup update her attack ad by removing the picture of Jonathan "Skippy" Miller as one of the happy Democrats expecting Ernie Fletcher to get the GOP nomination?

Indiana Democrats Kill School Choice Option; Teachers Union Wins, Students Lose

Indiana's House Democrats have shut down virtual charter schools in their state.

Survey Says School Choice Needs To Be Explained, But When It Is It Wins

Click here to see for yourself.