Kentucky Governor accused of altering ObamaCare evidence

Establishment strikes back against Tea Party, again

Kentucky Senate President Robert Stivers and House Speaker Greg Stumbo escaped scrutiny for their role in Kentucky's Medicaid expansion efforts today when Franklin Circuit Court Judge Phillip Shepherd dismissed them as defendants in a Tea Party lawsuit to halt the ObamaCare-related action.

 

 

Plaintiff David Adams expressed disappointment in the ruling, but said he wasn't surprised.

 

 

"Frankfort has gotten so far off the grid in terms of politicians acting outside their constitutionally dictated powers, I think there is great cause for concern both these men will abuse Kentuckians by trying to subvert the legal process and implement the ObamaCare Medicaid expansion. Technically that's speculation but there is substantial evidence to suggest that's the direction they are headed in and once they do it we will have a horrible time getting out of the mess it will create. Kentucky voters have no recourse until there is full and open debate in both chambers and roll call votes putting everyone properly on the record. The Court wasn't ready for that argument yet because this exact argument hasn't been tried before which is a shame because legislative immunity was never intended to protect the kind of lawlessness we see here, but we will try it again and again until it works or until dragging them into court becomes unnecessary."

 

 

"Nevertheless, the case goes on and there are still procedural mechanisms we can use to protect Kentuckians from this mess," Adams said.

 

 

Adams' motion for a temporary injunction halting all state efforts in the Medicaid expansion is scheduled for July 24 in Franklin Circuit Court.

Kentucky's pusillanimous potentate, Steve Beshear

Kentucky Gov. Steve Beshear responded to simple discovery questions this weekend with an objection stating that he is being oppressed in his illegal effort to implement ObamaCare in the Bluegrass State.

"Plaintiffs' insistence upon answers to their discovery requests is therefore oppressive and unduly burdensome," Beshear stated through his attorney.

The questions Beshear is so afraid of include "State whether one or more employees of the Commonwealth of Kentucky, while working for or being paid by the Commonwealth, expended time on researching, preparing, typing, printing, distributing or implementing Governor Steven Beshear's Executive Order 2012-587" and "Please provide a complete copy of all contracts entered into by the Commonwealth of Kentucky for use by the Kentucky Health Benefit Exchange created by Executive Order 2012-587, with any seller or distributor of Blackberry or similar cellular telephones as well as with any provider of cellular phone service."

It's certainly understandable that the Governor would be terrified. Beshear refused to answer any of eight such questions.    

More broken windows in Kentucky, with a twist

Gov. Steve Beshear announced today with great fanfare the creation of 1300 new Kentucky jobs with a company called General Dynamics. He seriously downplayed the fact these workers will fulfill the company's federal ObamaCare "customer service" contract. 

In fact, you really have to know what you are looking for to find it in the announcement at all.

Worse, the state is doling out to the company up to $11.5 million in unconstitutional tax credits and "wage assessments" against the employees.

So, if you are keeping score at home, these are 1300 federally funded call center jobs created with borrowed money to "help" people navigate the web sites set up in states who refused to set up their own ObamaCare exchanges to buy health insurance with illegal tax subsidies to avoid illegal tax penalties that was supposed to be easier to purchase than before the exchanges and the customer service providers but isn't and was supposed to be cheaper to purchase before all the new regulations, taxes, subsidies, penalties and fees but isn't while Kentucky launches a similar contract with Xerox to provide similar services here with 100 employees who won't be needed when the Kentucky Health Benefit Exchange is thrown out as illegal later this year by Kentucky courts. Maybe some of those people can then go to work on the federal exchange with General Dynamics, if the law and the exchanges are still around -- which they probably won't be.

Surely it would have been easier to just break a few windows.

KY Attorney General bails out on ObamaCare fight

Kentucky Attorney General Jack Conway became the latest Democrat to chicken out of the fight for ObamaCare today with an announcement that he will not contest the Tea Party lawsuit challenging Frankfort's illegal Medicaid expansion.

Conway has publicly expressed an interest in running for Governor in 2015. He cited a "large volume of constitutional challenges" as reason for not coming to the aid of his party's health reform debacle.

"Obama's trainwreck is the worst kind of manmade disaster because it keeps rolling and the body count just keeps growing," said David Adams, plaintiff in the Medicaid expansion lawsuit. "Can't blame General Conway for throwing up his white flag and going into full retreat."

Don't miss Monday morning in Frankfort

Kentucky Senate President Robert Stivers and House Speaker Greg Stumbo have the same lawyer in their legal effort to escape accountability for enabling Gov. Beshear's unconstitutional Medicaid expansion under ObamaCare.

That might not work out so well for them.

Their attorney filed a motion to dismiss them from the tea party lawsuit challenging Medicaid expansion in Kentucky with ten pages of blather about legislative immunity, lack of standing and the same illegitimate whining about the mailing of court documents Beshear tried in his failed motion for the same case.

Here is part of our response:

"Defendants misconstrue the purpose for their inclusion as defendants in this suit and thereby waste precious time and space arguing for an imaginary "absolute" immunity from suit supposedly to protect the integrity of the legislative process and ensure the very survival of "direct representative democracy." Every single reference to this "absolute" immunity in case law, statute or Constitution contains qualifiers and exceptions, of which Plaintiff only requires two: "breach" and "corruption." Plaintiff alleges both."

The hearing on this matter will take place on Monday, July 15 at 9am ET in Franklin Circuit Court at 669 Chamberlain Avenue in Frankfort. Should be Courtroom #3. In any event, Judge Phillip Shepherd is presiding. Hope to see you there.
 

Kentucky ObamaCare staring at trees, misses forest

An extensive study released today by the Kentucky Health Benefit Exchange inadvertently trips all over the simple truth about necessary reforms but fails to see recognize it.

The following passage from the report sums this problem up perfectly:

"The overall finding of the study is that the health care workforce issues uncovered through this report are, and will continue to be, present with or without Medicaid Expansion, KHBE, or other programs across the Commonwealth. Intervention is needed to curb the trending decline of health care workforce capacity in relation to rising population demand, and no single approach will be the panacea."

It comes as no shock to anyone that "Medicaid Expansion, KHBE or other programs" combined will have no positive impact on shortages of medical professionals in Kentucky. Far more likely, these artificial market manipulations will have a negative effect, and quite possibly a large one.

Most telling, of course, is the end of the passage stating "no single approach will be the panacea." Spoken like a government committee paid by the "approach" and paid for perpetuating problems rather than solving problems and working themselves out of their highly paid jobs.

The single approach Kentuckians are looking for -- and won't get until we demand it -- is getting government's hands out of the process completely and letting supply and demand forces work to correct the multiple market imbalances created by government regulation run amok in healthcare these last few decades.

You can read the whole report here.

Beshear owes state $7784.90 and counting...

In court documents filed yesterday, Kentucky Health Benefit Exchange Executive Director Carrie Banahan testified "The Exchange was created pursuant to an Executive Order issued by the Governor on June 19, 2013." (emphasis added)

That date is interesting, because Banahan has been the Executive Director of Kentucky's ObamaCare "exchange" at an annual salary and benefits (state benefits, paid for by you) of $142,074.50 at least since May. Banahan was hired in July of 2012 to run the exchange and it was reported at the time that she would keep her old job until a replacement was hired. That apparently happened in May 2013.

The lawsuit challenging creation of the Kentucky exchange was based on a 2012 executive order that expired ninety days after the 2013 General Assembly session ended. Beshear then replaced that order with a new one, which KRS 12.028(5) clearly states he can not do:

However you slice it Banahan is out of a job soon, since there is no legal authority to create the position she now occupies at such a high cost. Governor Beshear should be made to reimburse the state for her salary and benefits since June 19, 2013 when he issued his bogus replacement executive order. 

Another embarrassing Beshear gambit

Kentucky Governor Steve Beshear must be a terrible poker player.
 

Beshear, through his attorney in his quixotic legal effort blow up Kentucky's Medicaid program with hundreds of thousands of new recipients under the ObamaCare trainwreck, has attempted weakly to trick the plaintiff in Adams v. Beshear 13-CI-605 to throw away his case on a series of lies perpetratrated by Beshear.
 

"There are no material issues of fact in dispute," Beshear's attorney, Patrick Hughes, wrote today in a proposed order. "Therefore, there will be no discovery between the parties."
 

Nice try, Governor.
 

The first material issue of fact in the case is that Beshear has taken no action to effectuate the optional ObamaCare Medicaid expansion. Beshear's attorney made this claim in court and in writing and it is false. Discovery will show that. Beshear also claimed Kentucky can back out of the Medicaid expansion if (when) we find out that we can't afford it. This is also false, a fact also to be made clear in the discovery process. Beshear's attorney just got finished claiming in court that there is no factual record for the court to consider and that he should be handed the win as a result.
 

And now he wants to shut down the case before that same relevant information is placed on record with the court.
 

"There is a fine line between being overly bold and being stupid," David Adams, plaintiff, said. "I hope the Governor thinks twice before crossing it again. His unlawful actions are bad enough and don't need to be compounded by legal shenanigans. Kentuckians should be disgusted by this behavior and I think Gov. Beshear owes us all an apology for trying to subvert justice in this embarrassing fashion."

Say "NO" to corporate welfare in Kentucky

Kentucky Citizens Judicial President David Adams filed a lawsuit in Franklin Circuit Court challenging the constitutionality of the bulk of the Commonwealth's system of economic development.

Adams asked the court to rule "activities of government in the Commonwealth violate the plain language of the Kentucky Constitution when they treat individuals and groups of individuals differently from each other in terms of taxation, ownership or use of private property or substantial and particular benefits derived from public property."

He seeks temporary and permanent injunctions against continued proliferation of such efforts. Governor Steve Beshear and Secretary of the Cabinet for Economic Development Larry Hayes were named as defendants in the lawsuit.

Adams claimed three specific statutes are unconstitutional and that government economic development "has grown to consume far more collective activity, power, attention and resources than could have been envisioned as recently as 1986."

That's the year a bill in the General Assembly proposed as an effort to attract Japanese automaker Toyota to manufacture cars in Georgetown, Kentucky granted substantial new powers to state government to control private economic activity in the Bluegrass State.

Adams said "substantial waste of state resources and centralization of power in contradicting the plain language and the clear intent of the Constitution of the Commonwealth of Kentucky" made judicial action necessary.

Kentucky's illegal ObamaCare scheme takes huge hit

Franklin Circuit Court Judge Phillip Shepherd ruled this morning against Gov. Steve Beshear's motion to dismiss the second tea party lawsuit filed against him.

Plaintiff David Adams claims the law Beshear is using to justify expanding Medicaid is unconstitutional. Beshear responded that a claim of violation of citizen rights is the same as not alleging "any injury at all."

"The record clearly shows Governor Beshear's attorney argued in court that he doesn't recognize the value of citizens' rights at all," Adams said. "The judge rejected that argument, so now we go on to see if the executive and legislative branches can keep robbing us to buy votes for themselves. I don't think they can."

Insurance official confirms ObamaCare to crush Kentucky

A top official at the Kentucky Department of Insurance has leaked data showing health insurance premiums under ObamaCare will increase by an average of eighty percent at the start of 2014 for the state's largest insurer, Anthem.

DJ Wasson, Acting Director of Kentucky Access, confirmed the skyrocketing rates have been available for a week but has not talked publicly about this and doesn't want anyone to call her at 502-573-1026 for details.

Kentucky's major media figures are apparently determined to respect her privacy in this time of professional turmoil.

Meanwhile, the "told you so's" just keep rolling in. If you are still wondering why we who oppose ObamaCare keep fighting so hard to stop it, this would be a good point at which to ponder the power of big government and the damage it so carelessly inflicts.

Responding to an angry ObamaCare fan

In the June 27 Lexington Herald Leader, Doug Epling went on a tirade against the Tea Party lawsuit seeking to stop the illegal expansion of Medicaid. I just submitted the following response:

While I don't really mind the name-calling directed at me by letter writer Doug Epling on the June 27 Opinions page, I am offended by his reckless disregard for the truth as it applies to Gov. Steve Beshear and leaders of the Kentucky General Assembly attempting to use unconstitutional means to expand Medicaid in Kentucky as part of ObamaCare.

Even if the proposed Medicaid expansion were different than all previous expansions of this disastrous federal "health" program and truly represented even a small portion of the purported economic stimulus some have promised, a proper procedure for making such an enormous policy change exists for good reason. That proper procedure has not been followed.

Kentucky's Constitution very firmly requires checks and balances throughout state government for the protection of all citizens. This basic principle has been flagrantly ignored in Frankfort in this case, to the extent that Gov. Beshear's attorney argued in open court that rights of citizens have no intrinsic value whatsoever. Our fighting men and women have not stared down Death itself so some government employee could succumb to such a backwards view of his function in society.

We should have a vibrant public discussion about the efficacy of Medicaid, its dreary history, its bleak future and the culture of dependency it has exacerbated. But first, we must agree to follow Kentucky law. We can all agree to do that, right? Such is the primary purpose of the lawsuit that now so angers Mr. Epling. That's a shame.

Beshear, Stumbo: what they knew and when

On Thursday, March 25, 1982 with Lieutenant Governor Martha Layne Collins presiding as Senate President, the Kentucky Senate passed a government reorganization bill known then as HB 345. Her Attorney General was future Governor Steve Beshear. The bill would limit interim executive orders filed by Kentucky governors by requiring them to gain subsequent approval by the immediate following General Assembly and provide that orders failing to receive approval could not then be re-introduced until the next session of the General Assembly.

When the bill, as amended by the Senate, got back over to the House, a new member named Greg Stumbo, now Speaker, voted for it. The bill became law, subject to take effect January 1, 1984.

By that time, Steve Beshear was then Lieutenant Governor and Kentucky Senate President.

So it is more than a little odd that on June 19, 2013 Governor Steve Beshear rescinded his failed July 2012 executive order he is currently in court fighting to keep alive beyond its legal death and then re-issued essentially the same executive order. He knows both actions are illegal because he was there holding three of the top offices in state government when it was made so.

House Speaker Greg Stumbo can't plead ignorance, either -- though such is currently in vogue for legislators who wish to escape accountability for inconvenient votes. Again, he voted into law the statute his Governor is now violating to cram ObamaCare down Kentuckians' throats. As a former Attorney General himself, what excuse can Stumbo possibly have for acquiescing to this lawlessness?

And the quiet Republican lawmakers in Frankfort are no better. What a disgraceful episode. Hard to imagine Kentucky's intrepid press corps sleeping through such a slam dunk case of waste, fraud and abuse for much longer. Any judges looking over Adams et. al. v. Beshear surely won't appreciate this blatant disregard for the law.

Alison Lundergan Grimes witnessed key ObamaCare crime

Kentucky Secretary of State Alison Lundergan Grimes' plans to run for U.S. Senate now pretty much require her to avoid any controversial policy positions. Those plans may need another look after she attested to Gov. Beshear's illegal ObamaCare executive order last Wednesday in her office.

Creation of the Kentucky Health Benefit Exchange subjects Kentuckians to billions of dollars in unnecessary taxes, fees and regulatory expenses for no real benefit. While Gov. Beshear may not like that description of his handiwork and may not even agree with it, as a lame duck governor he doesn't really have to care beyond the embarrassment of losing court battles.

But Candidate Grimes has to care a lot. It isn't illegal for a Kentucky Secretary of State to accept a bogus document like this, but as a would-be Senator, she should be expected to talk about it every time she, uh, raises her head. 

Kentucky's pro-ObamaCare contingent has been eerily quiet about the legal fate of their grand plans. Will their new fearless leader now come to their defense?

Beshear's ObamaCare "exchange" gets temporary stay of execution

Franklin Circuit Court Judge Phillip Shepherd today granted Gov. Steve Beshear additional time to "prepare" for legal arguments on his ObamaCare "exchange" mess that he now can't win.

Last Wednesday, Beshear conceded all the objections against his illegal 2012 executive order seeking to create an ObamaCare health benefit exchange in Kentucky. He then immediately reissued essentially the same executive order, which is also against the law.

This extra time to do his homework on the case doesn't change anything. The only detail left to determine is the date of death for Kentucky's dalliance with the dramatically underfunded mandate of the state-run health exchange.

Please spread the word. It's now time to turn our focus to shutting down the Medicaid expansion here.

Will media fail to cover Beshear's Waterloo?

By all credible accounts, Kentucky Governor Steve Beshear's illegal effort to set up a state-run ObamaCare "exchange" web site without proper legislative approval will come to an ignominious end in Franklin Circuit Court on Monday morning. But will the media be there to bear record of his embarrassing failure?

If alleged threats by Beshear loyalists against Kentucky journalists hit their marks, they might not. On condition of anonymity, several reporters say their editors and producers suggest they may not be allowed to report a negative outcome for Beshear on Monday.

Please call your newspaper, radio and television news departments and ask them to cover Franklin Circuit Court Judge Phillip Shepherd's hearing Monday morning June 24 of the health benefit exchange case known as Adams v. Beshear. The hearing will take place at the temporary Franklin County Courthouse at 669 Chamberlain Avenue in Frankfort at 9am ET.

To recap, Beshear has responded to the legal effort to render his July 2012 executive order creating the Kentucky Health Benefit Exchange null and void by rescinding his first executive order and, illegally, issuing a new one. This is in direct violation of KRS 12.028(5) and he must face the music Monday morning.

The hearing is open to the public and you are invited to attend. Bring friends and bring a journalist or two.

Tea Party crushes ObamaCare in Kentucky, step one

The state-run Kentucky Health Benefit Exchange died on Wednesday, but is only now starting to stink badly enough to be noticed.

On Wednesday, Governor Steve Beshear panicked and reissued his July 2012 executive order creating the ObamaCare "exchange," in a very weak attempt to forestall losing the tea party lawsuit challenging his authority to write his own law without legislative approval.

How weak, you ask? This weak: the very law he cited as his authority for creating the exchange in the first place, KRS 12.028, which clearly requires him to get legislative approval he didn't get, also clearly specifies that he can't just reissue failed executive orders.

"This is the most ludicrous thing I've ever heard of a Kentucky Governor doing," said David Adams, lead plaintiff in the lawsuit to shut down the exchange. "It's about time to tell Beshear to drop this silliness and to 'get over it.'"

This case will be back in Franklin Circuit Court Monday morning, June 24, at 9:00 am ET in the Franklin County Courthouse 669 Chamberlain Avenue in Frankfort.

Stumbo out, Stivers in on Medicaid expansion lawsuit

The plaintiff in a state lawsuit to stop Kentucky from illegally accepting ObamaCare's Medicaid expansion is dropping House Speaker Greg Stumbo as a defendant in the case.

David Adams of Nicholasville, plaintiff in two current cases involving Kentucky's controversial role in attaching itself to unfunded mandates in the so-called "Affordable Care Act," said the move involves legal and political realities.

"Speaker Stumbo and Governor Beshear are of one mind in this matter, I'm already suing Beshear and under Kentucky law, Stumbo is essentially just a legislator," Adams said. "That means he probably can claim legislative immunity to a lawsuit."

"But when President Stivers went on television this week and showed himself clearly to be on the wrong side of Kentuckians' rights in the Medicaid expansion issue just as Republicans in other states are caving in, it became clear to me what needed to be done," Adams said.

"President Stivers wants to have it both ways in accepting the Medicaid expansion by illegal means while claiming to be against it," Adams said. "And if he really thinks he is immune to a court challenge as a member of the legislature, he should read Section 85 of the Kentucky Constitution."

"That's why I'm suing President Stivers to stop him from acting illegally to accept the Medicaid expansion."

Stivers' claim of legislative immunity comes up for debate in Franklin Circuit Court at 9 am ET on Monday, July 15.

Will Obama come to church in Kentucky?

Cigarette smoking is a pretty popular activity in Kentucky. Meanwhile, health insurance rates are about to go  up dramatically for all Kentuckians, but supposedly even more for smokers under an ObamaCare rule (45 CFR 147.102). An interesting twist in the form of an exception to this new rule could stir up controversy within an Administration already rocked by abuses of the Internal Revenue Service and federal officials dropping in unwanted on personal interactions.

This federal rule defines "tobacco use" as "use of tobacco on average four or more times per week within no longer than the past six months."

This is not only ridiculously impossible to monitor (unless the NSA gets involved, perhaps) but it gets sillier. Language in the rule provides exemption to the definition of tobacco use for users engaged in "religious or ceremonial use of tobacco."

How long will it take for health insurance discount seeking smoking aficianados across the Commonwealth to band together and create "churches" devoted to religious
tobacco use?

Yet another reason to get government out of the business of health care and insurance.