Late this past week, plaintiffs in Adams v. Beshear picked up vital new weapons and added a novel legal approach which might be fun to watch.
First, Adams v. Beshear became Adams, Cloyd and Durand v. Beshear. Michael Dean, of Irvine, Kentucky, then joined the plaintiffs as attorney on the case. Some credit Dean's aggressive legal tactics with prematurely ending the political career of former state Senator Ed Worley.
Dean's first act on the case was to challenge the constitutionality of KRS 12.028 which brings Attorney General Jack Conway into the fray, essentially as a very uncomfortable witness for the prosecution.
The strategy works like this: in his original executive order, Governor Steve Beshear claimed KRS 12.028 gave him the authority to set up a permanent ObamaCare exchange all by himself which it clearly does not. Dean is challenging the constitutionality of the statute itself so that the Attorney General must either argue it is clear and doesn't allow the governor to set up the exchange or that it is vague and violates Sections 27, 28 and 230, which also prohibits the governor from setting up the exchange. Jack will only be called on to testify if the judge doesn't first throw out Beshear's odd claim of authority under the law.
If that doesn't happen, Jack is in a box either way he goes. And so is Governor Beshear's illegal and unconstitutional Kentucky Health Benefit Exchange.
Saturday, April 20, 2013
Friday, April 19, 2013
Louisville Courier Journal's reckless disregard
A full week has passed since Louisville Courier Journal columnist Joe Gerth repeatedly and apparently intentionally defamed me in his most recent column by falsely and incorrectly referring to a left-wing group facing multiple controversies as "Kentucky Progress."
He was quickly made aware of this gross error and yet it persists on the paper's web site even now.
Corrections, clarifications and apologies shouldn't be too much to ask for, right?
He was quickly made aware of this gross error and yet it persists on the paper's web site even now.
Corrections, clarifications and apologies shouldn't be too much to ask for, right?
Thursday, April 18, 2013
Like a child swallowing a Rottweiler whole
Eight months ago, Lexington Police stormtroopers raided a local business and illegally confiscated tens of thousands of dollars in inventory. Today, armed only with a judge's order, Botany Bay's Ginny Saville (pictured below with fellow Liberty fighter Bruce Layne) went to police headquarters on Main Street to recover some of her property.
In terms of the man-bites-dog story media types usually look for, this is like a child swallowing a Rottweiler whole. Come on reporters, where are you?
In terms of the man-bites-dog story media types usually look for, this is like a child swallowing a Rottweiler whole. Come on reporters, where are you?
Mitch McConnell jacks price of pain meds
If you or someone you care about is in enough pain to need OxyContin, Sen. Mitch McConnell just compounded your suffering by making the federal government raise the price of your relief simply because some people abuse the drug.
When will these nanny state ninnies get it that raising prices on innocent people doesn't hurt drug traffickers and doesn't stop drug abusers? I'd really like to know if McConnell and fellow drug war beneficiary Rep. Hal Rogers understand the economic and fiscal failure of their policies or if they are simply lining pockets with these games and don't care who knows it.
If you are looking for a good reason to oppose Sen. McConnell's re-election from the right, you are looking at one.
When will these nanny state ninnies get it that raising prices on innocent people doesn't hurt drug traffickers and doesn't stop drug abusers? I'd really like to know if McConnell and fellow drug war beneficiary Rep. Hal Rogers understand the economic and fiscal failure of their policies or if they are simply lining pockets with these games and don't care who knows it.
If you are looking for a good reason to oppose Sen. McConnell's re-election from the right, you are looking at one.
Wednesday, April 17, 2013
Greg Stumbo's big chance
On May 27, 2004, then Kentucky Attorney General Greg Stumbo filed suit in Franklin Circuit Court against Republican Governor Ernie Fletcher for spending state money without legislative approval. Now that Democratic Governor Steve Beshear is attempting a far more egregious usurpation than that of Gov. Fletcher, Stumbo can show consistency by standing up for the legislature he currently has a hand in leading as Speaker of the House.
The Kentucky Supreme Court subsequently agreed with Stumbo in 2005 that the Governor may not spend funds beyond those appropriated by the legislature. In multiple recent media appearances, Gov. Beshear has claimed constitutional authority for setting up the Kentucky "ObamaCare" Health Benefit Exchange but has failed to specify which section of the Constitution provides him such authority.
That's because this question has already been answered: there is no such authority. Beshear appears determined to drag the Commonwealth through another pointless argument in his blind support for President Obama. Stumbo has made statements suggesting he suffers similarly with allegiance to the failed Obama. He could start to break free of these chains by taking on Beshear now and standing with the Constitution and the citizens he is so keen to lead.
The Kentucky Supreme Court subsequently agreed with Stumbo in 2005 that the Governor may not spend funds beyond those appropriated by the legislature. In multiple recent media appearances, Gov. Beshear has claimed constitutional authority for setting up the Kentucky "ObamaCare" Health Benefit Exchange but has failed to specify which section of the Constitution provides him such authority.
That's because this question has already been answered: there is no such authority. Beshear appears determined to drag the Commonwealth through another pointless argument in his blind support for President Obama. Stumbo has made statements suggesting he suffers similarly with allegiance to the failed Obama. He could start to break free of these chains by taking on Beshear now and standing with the Constitution and the citizens he is so keen to lead.
Tuesday, April 16, 2013
What exactly Is Mitch McConnell's definition of crazy?
Last week, Senator Mitch McConnell said federal gun grabbing activities should focus on disarming those the government deems "a threat to society."
Today, the Department of Defense is googling "Kentucky conservatives."
I've had about enough of Mitch McConnell deciding winners and losers in America. How about you?
Today, the Department of Defense is googling "Kentucky conservatives."
I've had about enough of Mitch McConnell deciding winners and losers in America. How about you?
Obama porn coming: fight fire with tsunami
The Federal Communications Commission under President Obama is apparently tired of banning profane language and soft pornography on television and conservative groups across the land are organizing email comments in protest.
That isn't the way to do it.
Not only is a torrent of emails unlikely to persuade left-wing feel-gooders in charge to stop trying to coarsen society as they have been working for decades to do, it's the wrong way to fight the fight.
My target is the people who provide the entertainment, not the government that regulates it. If ABC, CBS, NBC and Fox want into my home after this policy change occurs, they need to all make clear that ObamaPorn won't be broadcast on their stations. There are two weaknesses in this plan, though they aren't quite as bad as emailing the FCC: they are a package deal so if one goes Obama as far as I'm concerned they are all gone and, second, they won't have far to go because they are already pretty bad.
Still, demanding federal authorities prohibit service providers from delivering something they want to give consumers who want to get it to make those who don't want it happy is the wrong way to go. The path of government force deserves to lose this fight and it will.
So I will be unplugging the converter box that delivers these broadcasters into my home until such time as I'm convinced ObamaPorn is off their stations. If we really want to win the battle of the airwaves, that's our approach.
That isn't the way to do it.
Not only is a torrent of emails unlikely to persuade left-wing feel-gooders in charge to stop trying to coarsen society as they have been working for decades to do, it's the wrong way to fight the fight.
My target is the people who provide the entertainment, not the government that regulates it. If ABC, CBS, NBC and Fox want into my home after this policy change occurs, they need to all make clear that ObamaPorn won't be broadcast on their stations. There are two weaknesses in this plan, though they aren't quite as bad as emailing the FCC: they are a package deal so if one goes Obama as far as I'm concerned they are all gone and, second, they won't have far to go because they are already pretty bad.
Still, demanding federal authorities prohibit service providers from delivering something they want to give consumers who want to get it to make those who don't want it happy is the wrong way to go. The path of government force deserves to lose this fight and it will.
So I will be unplugging the converter box that delivers these broadcasters into my home until such time as I'm convinced ObamaPorn is off their stations. If we really want to win the battle of the airwaves, that's our approach.
Monday, April 15, 2013
Two new plaintiffs join Adams v. Beshear
Two very active tea party leaders in Kentucky have joined the lawsuit to force Governor Steve Beshear to follow Kentucky law and stop trying to set up the ObamaCare health insurance "exchange" without legislative approval.
Sarah Durand, President of the Louisville Tea Party, has represented liberty issues on the state and national level extremely well for several years.
Dawn Cloyd would probably be president of the Lexington Tea Party if there were such a thing. Her boundless zeal in supporting free markets and free people has also been an inspiration to many.
These extraordinary women bring significant intellectual and organizational firepower to this effort merely by lending their names to it. Stay tuned for more exciting updates.
Sarah Durand, President of the Louisville Tea Party, has represented liberty issues on the state and national level extremely well for several years.
Dawn Cloyd would probably be president of the Lexington Tea Party if there were such a thing. Her boundless zeal in supporting free markets and free people has also been an inspiration to many.
These extraordinary women bring significant intellectual and organizational firepower to this effort merely by lending their names to it. Stay tuned for more exciting updates.
Friday, April 12, 2013
Another fun case of mistaken identity
In February, liberal Super PAC Progress Kentucky gained international attention for tweeting about Mrs. Mitch McConnell. Due in part to confusion in the similarity between their name and my blog's name, I got a few unsolicited nasty phone calls from people who thought I was them. I got a good laugh out of it and no harm was done.
Well, I'm still not them.
I figured that wouldn't help much with the most recent "wire-tapping" issue stirring our names up again, but it may be even worse than I thought. I just noticed the Department of Homeland Security has taken a break from sorting out good brown people from bad brown people to check on a couple of liberal activists in Louisville and their search appears to have inadvertently brought them here.
The President promised he wouldn't send drones out after American citizens, right?
Well, I'm still not them.
I figured that wouldn't help much with the most recent "wire-tapping" issue stirring our names up again, but it may be even worse than I thought. I just noticed the Department of Homeland Security has taken a break from sorting out good brown people from bad brown people to check on a couple of liberal activists in Louisville and their search appears to have inadvertently brought them here.
The President promised he wouldn't send drones out after American citizens, right?
Thursday, April 11, 2013
Mitch McConnell caves on gun control, betrays 2nd Amendment
U.S. Senator Mitch McConnell broke his recent silence on guns this morning with an anti-Second Amendment statement inconsistent with the beliefs of his constituents.
"I believe the government should focus on keeping firearms out of the hands of criminals and those with mental issues that could cause them to be a threat to society," McConnell said in a press release.
This is the same kind of faulty reasoning that leads big government politicians like McConnell to support anti-liberty legislation like the Patriot Act and NDAA. The Second Amendment says the right to keep and bear arms "shall not be infringed." There are no "ifs and buts" and there is no wiggle room in the Second Amendment.
If Senator McConnell thinks he has figured out some magical way to keep guns out of anyone's hands, let him take a timeout from gun-grabbing and list-making and explain to us just how that is supposed to work.
"I believe the government should focus on keeping firearms out of the hands of criminals and those with mental issues that could cause them to be a threat to society," McConnell said in a press release.
This is the same kind of faulty reasoning that leads big government politicians like McConnell to support anti-liberty legislation like the Patriot Act and NDAA. The Second Amendment says the right to keep and bear arms "shall not be infringed." There are no "ifs and buts" and there is no wiggle room in the Second Amendment.
If Senator McConnell thinks he has figured out some magical way to keep guns out of anyone's hands, let him take a timeout from gun-grabbing and list-making and explain to us just how that is supposed to work.
Wednesday, April 10, 2013
Will the left help tear down ObamaCare in Kentucky?
Just got off the phone with Huffington Post's Howard Fineman about the new lawsuit to rescind Governor Steve Beshear's ObamaCare executive order filed in 2012.
Beshear has been hiding behind staffers and attorneys since Monday on this issue, but may not be able to keep that up for long. The main issue here is not whether socialized medicine is good or not. The main issue in this case is whether the Governor of the Commonwealth can violate state law and the Constitution to do whatever he wants in office.
This case may reach the point quickly at which Democrats want it to end faster than Republicans do.
Beshear has been hiding behind staffers and attorneys since Monday on this issue, but may not be able to keep that up for long. The main issue here is not whether socialized medicine is good or not. The main issue in this case is whether the Governor of the Commonwealth can violate state law and the Constitution to do whatever he wants in office.
This case may reach the point quickly at which Democrats want it to end faster than Republicans do.
Monday, April 08, 2013
David Adams sues Steve Beshear over ObamaCare exchange
Exactly three months after a January 8, 2013 Capitol Rotunda rally calling for an end to ObamaCare, I have filed a lawsuit in Franklin County Circuit Court to force Governor Steve Beshear to rescind his Executive Order 2012-587 and shut down the Kentucky Health Benefit Exchange.
Governor Beshear cited as his authority for creating the exchange by executive order a statute requiring him to get approval from the General Assembly. KRS 12.028. This statute permits the Governor to create new government entities by proposing them to the General Assembly "for its approval."
He has obtained no such approval.
He also claimed constitutional authority, in the Kentucky Constitution, but didn't specify where that authority could be found.
Assuming no one has been able to locate a "Good and Plenty" clause or something else we don't know about that might make this legal, the only thing I can think of is Section 80, which allows the Governor to call a special session.
He could, of course, call legislators back in solely to approve Kentucky's continued head-first dive into ObamaCare's empty swimming pool of promises. It would make much more sense, though, to admit defeat and shut the whole thing down right now before this mess is supposed to take effect October 1.
Governor Beshear cited as his authority for creating the exchange by executive order a statute requiring him to get approval from the General Assembly. KRS 12.028. This statute permits the Governor to create new government entities by proposing them to the General Assembly "for its approval."
He has obtained no such approval.
He also claimed constitutional authority, in the Kentucky Constitution, but didn't specify where that authority could be found.
Assuming no one has been able to locate a "Good and Plenty" clause or something else we don't know about that might make this legal, the only thing I can think of is Section 80, which allows the Governor to call a special session.
He could, of course, call legislators back in solely to approve Kentucky's continued head-first dive into ObamaCare's empty swimming pool of promises. It would make much more sense, though, to admit defeat and shut the whole thing down right now before this mess is supposed to take effect October 1.
Friday, April 05, 2013
Greg Stumbo should change House "discharge petition" rule while he still can
Governor Steve Beshear says he will sign Senate Bill 3 today, possibly ending the state's decade-long harassment of Christian MediShare, a religious alternative to government regulated health insurance.
The bill nearly died before a discharge petition was filed by Rep. Stan Lee on March 5. Discharge petitions in legislatures allow a minority of members to force a floor vote on a bill being held up by leadership. As it turned out Lee's discharge petition was ruled out of order and negotiations by Senator Tom Buford broke the bill free from House leadership's grasp.
House rules relating to discharge petitions render useless what could and should be a very beneficial tool for better representation in Frankfort. House Rule 48 should simply be amended to require 25 House member signatures on a petition to force a floor vote within one day of its filing. As it is, the rule has been gunked up with nonsense about reporting a bill in a "reasonable time" and then only kicking it back to the Rules Committee where more games can be played to forestall actual action on the bill.
Given the increasing probability that Kentucky Democrats will lose their House majority in the 2014, they should move now to straighten up House Rule 48 to work for the people and not just a tiny group of power-hungry politicians.
The bill nearly died before a discharge petition was filed by Rep. Stan Lee on March 5. Discharge petitions in legislatures allow a minority of members to force a floor vote on a bill being held up by leadership. As it turned out Lee's discharge petition was ruled out of order and negotiations by Senator Tom Buford broke the bill free from House leadership's grasp.
House rules relating to discharge petitions render useless what could and should be a very beneficial tool for better representation in Frankfort. House Rule 48 should simply be amended to require 25 House member signatures on a petition to force a floor vote within one day of its filing. As it is, the rule has been gunked up with nonsense about reporting a bill in a "reasonable time" and then only kicking it back to the Rules Committee where more games can be played to forestall actual action on the bill.
Given the increasing probability that Kentucky Democrats will lose their House majority in the 2014, they should move now to straighten up House Rule 48 to work for the people and not just a tiny group of power-hungry politicians.
Wednesday, April 03, 2013
Mitch McConnell's earmark/bailout downgrade
When running for re-election in 2008, Sen. Mitch McConnell campaigned heavily on his ability to bring home bacon. He proved the point by voting for bailouts and massive piles of debt most Republicans realize we can't afford.
As the wind has shifted, so, of course, has Sen. McConnell. In fact, he took a break recently from caving in on the next debt ceiling deal to post a web site promoting a "Team Mitch" rewards program. Featured items include a War on Drugs protective helmet (for entertainment purposes only) and a Stimulus Package, complete with a broken window and coupon for a free pretzel at a mall near you.
It seems, however, not everyone is impressed with this latest offering (click to read):
As the wind has shifted, so, of course, has Sen. McConnell. In fact, he took a break recently from caving in on the next debt ceiling deal to post a web site promoting a "Team Mitch" rewards program. Featured items include a War on Drugs protective helmet (for entertainment purposes only) and a Stimulus Package, complete with a broken window and coupon for a free pretzel at a mall near you.
It seems, however, not everyone is impressed with this latest offering (click to read):
Tuesday, April 02, 2013
KY Republicans shame themselves, again
How surprised can anyone be that 75% of Kentucky state Republican Senators and 83% of Kentucky state Republican members of the House of Representatives who pledged to never vote for a tax increase failed on that pledge in the waning moments of the 2013 General Assembly?
A bipartisan cabal inserted approximately $100 million a year in tax increases into HB 440 on the evening of March 26. It's likely most of these people were unaware of what they were voting for, which would be horrifying if our expectations weren't already so low.
The supposed purpose of the bill is to provide additional funding for public employee pensions.
You can look up the final vote on HB 440 by clicking here. And you can cross-check it with the Taxpayer Protection Pledge these people signed when they wanted your vote.
A bipartisan cabal inserted approximately $100 million a year in tax increases into HB 440 on the evening of March 26. It's likely most of these people were unaware of what they were voting for, which would be horrifying if our expectations weren't already so low.
The supposed purpose of the bill is to provide additional funding for public employee pensions.
You can look up the final vote on HB 440 by clicking here. And you can cross-check it with the Taxpayer Protection Pledge these people signed when they wanted your vote.
Sunday, March 31, 2013
Saturday, March 30, 2013
Welcome MSNBC viewers!
You may be visiting this web site because you saw me on MSNBC on Saturday March 30 at 2:50 pm speaking with Craig Melvin. If that's the case, thank you!
These are very interesting times in America and if we have anything to say about it they are about to become much more interesting. Please stay in touch as we continue this grand experiment to bring the most diverse collection of people on Earth together as Americans seeking life, liberty and the pursuit of happiness.
You and I will agree on some things and disagree on others, but I hope to develop the kind of conversation that will lead to greater understanding and friendship even when our points of view can't align.
---------------
By the way, if you are interested in looking at a program to improve your health through better nutrition and perhaps even a business opportunity to increase your income, click here. Thanks again!
These are very interesting times in America and if we have anything to say about it they are about to become much more interesting. Please stay in touch as we continue this grand experiment to bring the most diverse collection of people on Earth together as Americans seeking life, liberty and the pursuit of happiness.
You and I will agree on some things and disagree on others, but I hope to develop the kind of conversation that will lead to greater understanding and friendship even when our points of view can't align.
---------------
By the way, if you are interested in looking at a program to improve your health through better nutrition and perhaps even a business opportunity to increase your income, click here. Thanks again!
Friday, March 29, 2013
"No kidding," also not serious
I went to East Jessamine High School yesterday after classes to meet my son's teacher. I walked into the school and walked almost the length of the building before I saw a single adult among the mass of students.
But I did see this.
The only thing missing from this absurdity is a televised Cry-A-Thon about how scary guns are and maybe a buy-back program to "get them off the streets." And this is in Jessamine County, where individuals probably own two guns for every man, woman and child.
We need to stop this kind of brainless behavior about the U.S. Constitution and what its protections mean in an institution that is supposed to be teaching future generations things they need to know. Time for a real discussion about safety in our schools.
But I did see this.
The only thing missing from this absurdity is a televised Cry-A-Thon about how scary guns are and maybe a buy-back program to "get them off the streets." And this is in Jessamine County, where individuals probably own two guns for every man, woman and child.
We need to stop this kind of brainless behavior about the U.S. Constitution and what its protections mean in an institution that is supposed to be teaching future generations things they need to know. Time for a real discussion about safety in our schools.
Thursday, March 28, 2013
Kentucky's ObamaCare "least risky" in America
If you haven't made it to one of the monthly meetings of the Kentucky Health Benefit Exchange, you are missing out on a real trip.
The big news from Thursday's meeting is that federal regulators have deemed KHBE the "least risky" state ObamaCare program in the country. I'm not kidding.
Kind of like being the tallest deck chair on the Titanic.
In other news, officials announced a white paper on the state's "navigators" will be released in about two weeks. Of particular interest is the number of people expected to be called on to provide personal assistance for people who need help using the website that was supposed to make purchasing health insurance easier. That will be interesting, too.
And the question of where the actual money will come from to finance this boondoggle will now not be answered for several months. There are no indications KHBE will do anything but waste time and money.
Kentuckians should demand their legislators seek hard answers right away on the sources of funding to be used for the exchange. The continued delay is completely unacceptable.
The big news from Thursday's meeting is that federal regulators have deemed KHBE the "least risky" state ObamaCare program in the country. I'm not kidding.
Kind of like being the tallest deck chair on the Titanic.
In other news, officials announced a white paper on the state's "navigators" will be released in about two weeks. Of particular interest is the number of people expected to be called on to provide personal assistance for people who need help using the website that was supposed to make purchasing health insurance easier. That will be interesting, too.
And the question of where the actual money will come from to finance this boondoggle will now not be answered for several months. There are no indications KHBE will do anything but waste time and money.
Kentuckians should demand their legislators seek hard answers right away on the sources of funding to be used for the exchange. The continued delay is completely unacceptable.
Shooting, burning, burying ObamaCare
If you are coming to Frankfort TODAY Thursday, March 28 for the Kentucky Health Benefit Exchange advisory board meeting, please note that the location of the meeting has been changed. We will be at the Department of Insurance 2nd Floor Hearing Room, 215 West Main St in Frankfort.
Look forward to seeing you there. This is a pivotal meeting for fighting back against the federal healthcare takeover atrocity.
Look forward to seeing you there. This is a pivotal meeting for fighting back against the federal healthcare takeover atrocity.
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