Latest Common Core lawsuit motion

COMMONWEALTH OF KENTUCKY

FRANKLIN CIRCUIT COURT

DIVISION I

CIVIL ACTION NO. 13-CI-1316

 

 

DAVID ADAMS                                                                                           PLAINTIFF

 

V.                                                        MOTION TO RECONSIDER

 

COMMONWEALTH OF KENTUCKY,

STEVEN L. BESHEAR, GOVERNOR, et al.                                          DEFENDANTS

 

 

 

            Plaintiff moves the Court to reconsider its order filed in this case January 14, 2014 to correct multiple errors. The fundamental mistake from which others flow is found in the following sentence in the Court’s ruling: “Absent an allegation of a constitutional defect in the statute or the administrative regulation, this Court cannot adjudicate differences of opinion over educational policy.” The constitutional defect in question is in violation of Section 183 of the Kentucky Constitution. It is not found in Senate Bill 1 (2009). The Court charges that Plaintiff “also attacks the content of Senate Bill 1 (2009).” But the Complaint never even mentions Senate Bill 1, nor any of its provisions. The Court states “Common Core standards were subsequently adopted by 704 KAR 3:303,” and that “Defendants have followed the legislative directive by enacting a core curriculum.” While these statements are true, neither were mentioned in the Complaint because they are immaterial to the case. Defendant Beshear is bound by Section 81 of the Kentucky Constitution which states “He shall take care that the laws be faithfully executed.” This, of course, includes the constitutional directive found in Section 183 that the Commonwealth’s common schools be managed efficiently. Other Defendants operate as agents of the legislature, to whom Section 183’s mandate applies explicitly. To claim that Defendants can’t be sued for violating the Constitution because they followed legal procedure to violate it stands reason on its head. We can do better.

             The Court states: “Plaintiff argues that because the core standards were not yet drafted at that time, their efficiency could not be assessed, and thus they violated the Constitution.” This is not accurate. Complaint reads: “Subsequent obligations of the Commonwealth related to Common Core could not be known then and still cannot in order to reasonably determine the efficacy for their implementation.” (emphasis added). Plaintiff did not say premature adoption of the Common Core Standards violated the Constitution, but that violating Section 183’s mandate for efficient schools violates the Constitution. This is clearly not simply a matter of educational philosophy as precedent dictates the issue of inefficient schools is always ripe for adjudication. Judicial responsibility for protecting the rights of the people of the Commonwealth forbids the Court from failing to determine if the loss of state sovereignty fundamental to adherence to Common Core, any public costs associated with it and any private losses incurred as a result of mismanagement of the common schools as a result meet the standard set out in Rose v. Council for Better Education, Inc., 790 S.W.2d 186.  The issue clearly needs to be tested again.

            This, of course, gets us to the question of standing. The Court writes: “As the Kentucky Supreme Court has explained, a party seeking declaratory relief “must show that an actual, justiciable controversy exists; proceedings for a declaratory judgment must not merely seek advisory opinions to abstract questions.” Defendants claim they followed proper procedure to implement a core curriculum and the Court writes: “Defendants have followed the legislative directive by enacting a core curriculum, even though Plaintiff is in strong disagreement over the content of the core curriculum.” Again, the effort to adopt “a core curriculum” does not give license to violate Section 183 simply because an acceptable procedure was followed to adopt “a curriculum.” Taking an action that in and of itself violates the Constitution cannot be legitimized because it was done intentionally. The Court writes: “Plaintiff argues that the Common Core State Standards contained in Senate Bill 1 do not meet the definition of efficient, in violation of Section 183 of the Kentucky Constitution. However, the proper forum for him to air his grievances is through the legislative process or by addressing those concerns directly to the Department of Education, Council on Postsecondary Education, and the Education Professional Standards Board.” This passage makes two key errors. First, the Common Core State Standards are not “contained in Senate Bill 1.” This is vitally important to understand. The mandate, found in Senate Bill 1, to adopt a core curriculum is not the same as a mandate to adopt an unconstitutional one. Plaintiff, again, does not “attack” Senate Bill 1 or even reference it except tangentially. Conflating Senate Bill 1 and Common Core does not hold up under any scrutiny. The Commonwealth is surely capable of adopting a set of educational standards and a core curriculum without violating its Constitution. In this process, we simply haven’t gotten there yet. That is why Plaintiff in Complaint seeks as redress an order for the General Assembly to do so with “appropriate legislation.” Sending Plaintiff back to Defendants to “air his grievances” nullifies Plaintiff’s right to live in a free and fair Commonwealth in which the Constitution rules in conflicts and the judiciary steps in to clarify when government officials overstep their bounds as they have done in this instance.

            This same line of reasoning continues with the Court writing: “The Courts of Kentucky have recognized since the adoption of Section 183 of the Kentucky Constitution, that the curriculum to be taught in the common schools must be “prescribed by the state board of education to be taught therein.” Major v. Cayce, 98 Ky. 357, 33 S.W. 93 (1895). It is up to the state Board of Education, not the courts, to decide such issues of educational policy.” Again, they can set policy but they cannot violate the Constitution.

            And finally, the Court quotes Second Street Properties v. Fiscal Court of Jefferson County, 445 S.W.2d 716, (Ky. App. 1969) which states contesting the validity of a statute requires that a plaintiff must show individual harm. The Court writes: “Plaintiff has failed to allege any particularized injury distinct from that of the general public that he, nor any other person, has suffered or will suffer as a result of such legislative actions.” First, Plaintiff clearly and repeatedly alleges in Complaint a violation of the Constitution of the Commonwealth of Kentucky Section 183, which harms Plaintiff specifically by promoting waste and mismanagement of public resources and particularly by putting at risk the quality of education available to his children. Further, Plaintiff explicitly articulates declaratory relief under KRS 418.040, which is his right and duty as a citizen and taxpayer. In the V. CLAIMS FOR RELIEF section of Complaint, Plaintiff complains against “Defendants’ acceptance of Common Core State Standards,” and seeks specific court action, “namely reversal of such acceptance and implementation until such time as the General Assembly grants approval of same by appropriate legislation.” Reason dictates that Plaintiff would have no justiciable claim if he were not either a citizen, taxpayer or parent of public school students in Kentucky. He is all of these. Plaintiff asserts his rights under KRS 418.040 with more than a reasonable expectation those rights will be observed. The Court, in citing Second Street Properties, errs in reference to what must be particularized to demonstrate standing. The American Jurisprudence passage quoted by the Court precludes only suits by those who “suffer in some indefinite way in common with people generally.” The lack of clarity of that statement literally screams for context unless one considers constitutional rights and a desire to limit waste of public resources as “indefinite.” And the context is very enlightening. In Second Street Properties, the plaintiff attempted to question a tax that literally did not apply to him as he did not live in Jefferson County. Given this fact, the issue of particularization must be viewed differently than is suggested by the Court in its Order. From Second Street: “Before one seeks to strike down a state statute he must show that the alleged unconstitutional feature injures him. Grise v. Combs, D.C., 183 F.Supp. 705 (1960). It has recently been held that before a taxpayer may maintain an action against the state or one of its agencies to test the constitutionality of a statute or an administrative policy, he must show he has a unique right or interest that is being violated in a manner special and different from the rights of other taxpayers. Calvary Bible Presbyterian Church v. Board of Regents, 72 Wash.2d 912, 436 P.2d 189 (1967).  Note this does not say that he has been violated in a manner distinct from all taxpayers, but merely “taxpayers,” as in those not so violated. InGrise, the plaintiff alleged a hypothetical threat and not one that injured anyone. That plaintiff lacked particularized injury in that none yet existed in the case of a state law that supposedly may have led to a tax. In the present action, the threat of Common Core is real and present as a violation of Plaintiff’s rights to live in a state whose officials follow its constitution to protect against an impermissible abdication of state sovereignty and taxpayer dollars and in doing so without proper legislative approval. In Calvary Bible Presbyterian, the plaintiffs were non-taxpayers challenging the expenditure of taxpayer dollars. Those plaintiffs lacked particularized injury in that they could not be harmed by an expenditure they would play no role in making. In the current action, again, Plaintiff is a Kentucky taxpayer, a Kentucky citizen and a parent of Kentucky public school students claiming rights guaranteed by the Kentucky Constitution. From the context of Second Street, Grise and Calvary Bible Presbyterian, it is clear that particularization of harm is tool for determining the existence of a resolvable dispute between legitimately adversarial parties. The current action is resolvable by this Court by clarifying duties of state officials to ensure efficient common schools and the parties are clearly adversarial. Ruling as the Court has done on the issue of a “particularized injury” and “failure to state a claim” is to suggest that Plaintiff could only seek redress if the Commonwealth were to implement a “We won’t educate David Adams’ kids Act” which is clearly not and never has been the purpose of standing requirements. And requiring state officials to follow the Constitution they have sworn to uphold could not be a more appropriate request.

            The Court ruled on July 1, 2013 in Civil Action No. 13-CI-605: “the doctrine of standing protects against collusive lawsuits in which the parties are truly in agreement but are seeking to obtain judicial ratification of a policy or issue without subjecting the claim to the scrutiny of a genuinely contested lawsuit. In order for a case to be justiciable, it must involve concrete rights of parties who have a real stake in the outcome. See Flast v. Cohen 392 U.S. 83 (1968). But the doctrines of standing and ripeness were not meant to be used as a subterfuge to allow the judicial branch to avoid controversial decisions in matters in which there is a genuine case or controversy between parties that are truly adversarial.

            “Here there can be little doubt the parties are truly adversarial, and there is a genuine controversy over the legality of the challenged Executive action. It is fundamentally the duty of the Court system to decide disputes over whether government officials have exceeded their statutory and constitutional powers. See Legislative Research Commission v. Brown 664 S.W.2d 907 (1984).”

            Plaintiff respectfully requests the Court to reconsider its Order in the present case and to rule that this present action may proceed to seek clarification of rights and responsibilities with regard to the issues brought forth in the Complaint.

                                                                                                           

                                                                                                            Respectfully submitted,

 

                                                                                                            David Adams, Plaintiff

Where's Steve Beshear's birth certificate?

The Kentucky House Democrat budget bill includes a $60 million dollar expenditure labeled "Health Benefit Exchange," but no legal authority or funding source for this ObamaCare spending exists.

Federal legal challenges against President Barack Obama's illegal health reform activities continue to move toward the United States Supreme Court, just as state suits against Beshear's actions progress in the direction of Kentucky's highest court.

Beshear and Obama: brothers from different mothers.

Kentucky Constitution Section 230 to the rescue

Kentucky Constitution Section 230 states "no money shall be drawn from the State Treasury, except in pursuance of appropriations made by law." This presents a major problem for our biggest ObamaCare fan.

Despite false claims repeated unquestioningly by state media outlets, the Commonwealth is spending money right now out of the General Fund to pay administrative costs of ObamaCare. These expenditures were never approved by the legislature.

Beshear estimates he will spend $21.5 million on this mess by June 30. It's already too late to legitimize this spending and there is no chance the legislature would give it to him anyway to blow on ObamaCare.

Beshear will send his flunkies to a legislative hearing on February 10 to get approval for Medicaid Expansion in the next fiscal year. This is a great opportunity to draw attention to the illegal spending already underway.

Please make plans to come to room 149 in the Capitol Annex in Frankfort at 1:30 pm on Monday February 10. The Kentucky Supreme Court has been made aware of Beshear's lawbreaking and should officially stop it later this spring, but a strong showing at the Annex can help shift the momentum and change the conversation. Let's do this.

Click here for a Facebook event page to sign up on and to share. 

Beshear's ObamaCare budget "DOA"

Governor Steve Beshear should give up his doomed state funding request for ObamaCare.

 

"Not even the two or three dumbest, weakest Republican legislators are dumb or weak enough to buy into ObamaCare and Beshear needs them all," said Tea Party activist David Adams. "Way too many at-risk Democrats hope he won't even ask them, but Beshear thinks he has to ask."

 

If the General Assembly does not fund the ObamaCare exchange in this year's budget bill, Kentucky's state-run exchange must fold and we will default to the federal exchange, in compliance with the Affordable Care Act. If the General Assembly does not fund the Medicaid expansion, Kentucky must reverse several clumsy steps taken to opt into that program, which was made optional by a 7-2 Supreme Court vote.

 

Hundreds of millions of dollars are at stake.

 

The Kentucky Supreme Court has been preparing since October to hear arguments over both ObamaCare actions. Without legislative approval, there is nothing in Kentucky law that saves Beshear's attempt to force Kentucky into ObamaCare.

 

"We still need the Court to clarify limits on the Executive Branch in Kentucky," Adams said. "Governor Beshear was so desperate for an accomplishment, he got a little crazy. Frankfort does that to people who hang around too long, I think."

 

Contact: David Adams 859-537-5372

Pivotal day tomorrow in Kentucky ObamaCare

On Tuesday January 21, Governor Steve Beshear will release his budget proposal for the next two years in Kentucky. It will include many millions of dollars for ObamaCare. There is ABSOLUTELY NO CHANCE the legislature will vote to approve that. This is why we are suing to get Kentucky out of ObamaCare and why, despite an overwhelming spin job by the Governor and all his people, we will win if we see this through.

Beshear has already violated his oath of office and Kentucky law to try to force ObamaCare on us and sneak it past the courts. The media will again be very slow to pick up the facts, but the "dead on arrival" status of his ObamaCare funding request Tuesday will open the door for us. For those who have fought this fight with me every step of the way, it has been brutal and often frustrating. But we are approaching the last hill. We must push on through.

Please share and forward this message so more of our fellow Kentuckians take courage and know our Constitution stands strong and so do we. Propaganda can not defeat us and craven politicians will not. Please contribute what you can to the legal battle so we can clarify again limits to executive branch power. The only language the political class understands is brute force and that takes money. Every dollar counts now in the home stretch. Please give what you can by clicking here.

Thanks,

David
859-537-5372

Federal judge gets crazy for ObamaCare

A federal District Court ruling today ignored the plain language of ObamaCare and claimed people in states who opted out of setting up their own exchanges face tax penalties under the law, even though the "Affordable Care Act" statute specifically excludes them.

United States District Judge Paul L. Friedman ruled that the phrase "established by the State" means "established by the federal government, too" in this case because construction of the statute is sloppy in other places. I'm not kidding:

"Looking only at the language of 26 U.S.C. § 36B(b)-(c), isolated from the cross-referenced text of 42 U.S.C. § 18031, 42 U.S.C. § 18041, and 42 U.S.C. § 300gg-91(d)(21), the  plaintiffs’ argument may seem the more intuitive one. Why would Congress have inserted the  phrase “established by the State under [42 U.S.C. § 18031]” if it intended to refer to Exchanges created by a state

or by HHS? But defendants provide a plausible and persuasive answer: Because the ACA takes a state-established Exchange as a given and directs the Secretary of HHS to establish such Exchange and bring it into operation if the state does not do so. See 42 U.S.C. §§ 18031(b)-(d), 18041(c). In other words, even where a state does not actually establish an Exchange, the federal government can create “an Exchange established by the State under [42 U.S.C. § 18031]” on behalf of that state."

 

So this judge wants to appoint the Secretary of HHS as Governor and legislature of each of the states? That's interesting.

 

But the best part came later:

 

"If construed literally, these provisions would be nullified when applied to states without state-run Exchanges, leading to strange or absurd results."

 

Exactly.

 

I remain perplexed by those nominal Republicans who seem so eager to give up this fight. When the other side is melting down, continue to apply heat.

 

You can read the ruling for yourself here.

Tea Party rally on Thursday in Frankfort

Obama and Beshear need you to believe the fight is over. The fight is not over.

In fact, right now we are much closer to winning the ObamaCare battle and turning back the tide of big government than ever before. Beshear needs to slip legislative approval and funding for his grand schemes past us in the weeks ahead and he knows it. Not even House Democrats appear willing to bail him out now.

So they are stuck trying to shout us down. Our fellow Kentuckians see the all-out assault on conservatives and they wonder if we will stand strong.

We will.

Please join a rally in support of conservative values in state government in opposition to ObamaCare, Common Core, reckless spending, higher taxes, immoral and unaccountable government officials and their disregard for human life and liberties at the State Capitol Rotunda in Frankfort on Thursday January 9 at 11 am ET. (Click here for a Facebook event page.) While opponents of freedom hope to keep us divided and demoralized, let's take the fight to them as only we can. Let's show them trying to defeat us is a pointless exercise on the wrong side of history.

Did Steve Beshear commit Medicaid fraud?

Since Kentucky started taking applications for ObamaCare and forcing most applicants into Medicaid, the Kentucky Health Benefit Exchange has been excluding disability payments from income used to determine Medicaid eligibility. That changed yesterday and that's a big problem.

Under the Affordable Care Act, Medicaid eligibility is determined by a formula based on taxable income. The formula counts disability income as income, but excludes SSI payments. Until Thursday, applications for Kentucky ObamaCare excluded all disability income. That means potentially thousands of applicants to Kentucky ObamaCare who were placed into Medicaid were put there erroneously.

The correct thing to do here is to come clean immediately and bring all Beshearocrats in to fix all the applications they messed up prior to yesterday. Any further delay in doing so only compounds the existing mess. The Kentucky Supreme Court could and should make this whole thing go away by clarifying Beshear's illegal actions creating the mess. Before that happens, we really need to hear from Beshear on this right away.

Kentucky ObamaCare changes everything

Please ask any candidate for the Kentucky House of Representatives in 2014 if he or she will vote to impeach any Supreme Court justice who demonstrates support for Gov. Steve Beshear's illegal and unconstitutional ObamaCare actions without legislative approval.

Looking for a simple "yes" or "no."

Any candidates wishing to answer this simple question here can save us all some time.

When you need it most

With the smoldering wreckage of "if you like your plan, you can keep it," still smoldering, the micro-targeting geniuses at Organizing for Action sent me an email today in which they have written a check they cannot cash.

The email, signed simply "Barack," urges continued fighting for ObamaCare:

"From here on, no American should have to go broke just because they get sick. You can't be dropped from your plan when you need it most. Pre-existing conditions will never prevent someone from getting coverage, and women can't be charged more than men for their plans."

Did you catch that? "You can't be dropped ... when you need it most." Premiums will more than double this week. How long will it be before we are covered up with stories of people who can't make their monthly premium payments? It's an opportunity both sides are waiting for and one for which we must be better prepared.

I have been saddened to see well-meaning people who claim to understand capitalism and freedom but who lack the will to fight for them. The other side understands well this is a long battle in midcourse. Early in the spring, desperate people victimized by this ObamaCare game and faced with unaffordable health insurance premiums will turn either to masters promising them free coverage or brothers offering a path to prosperity without a bureaucratic fix.

We must be those brothers. To do so, we must stay strong. So stay strong because when you need it most is right now.

Final hours for this ObamaCare escape

Today is the last day to buy major medical health insurance in Kentucky that is not "improved" by ObamaCare. Your only choice left for an insurer is United HealthCare.

A 36 year old man in Louisville can get a $3500 deductible plan with 20% coinsurance until the out-of-pocket limit of $6500 is reached for $86.51 a month today only. Tomorrow, a somewhat similar plan from Anthem ($6300 deductible and out-of-pocket limit with no separate coinsurance) will cost $203.27 a month.

Starting tomorrow, this fight is no longer about any kind of theory, unless you want to start talking about death spirals. If you are still pro-ObamaCare, you don't. Ready?

Ask Stumbo/Stivers their ObamaCare intentions

If the legislature does not provide funding for the Kentucky Health Benefit Exchange in 2014, it cannot function in 2015 when federal funding is gone. We would then default to the federal exchange, which lacks proper authorization to impose tax penalties and reward subsidies.

 

Given their track record for dishonesty and corruption, I suspect Greg Stumbo and Robert Stivers may try to slip funding into the budget without alerting rank and file legislators or the public. This matter has received no media coverage, of course, and simply asking the Speaker and the President about it may yield an interesting story.

Steve Beshear needs a pony

The much-celebrated Kentucky ObamaCare online application site is down and has been down all week. You can go to www.kynect.org but you can't start or edit an application. Operators have been telling callers that they are "updating" the system and to try again in an hour since Monday morning.

And right now the phone lines are down. ObamaCare goes live two weeks from today.

It's almost pitchforks and torches time. If you are available tomorrow though, just bring a recording device.

Beshear asks court to dismiss Common Core challenge; we respond today in court

Plaintiff David Adams in opposition to Defendants Motion to Dismiss, states:

ARGUMENT

            The Constitution of the Commonwealth of Kentucky is the heart of Kentucky law. Violations of same by government officials constitute the vilest of injuries in a constitutional Republic, which fact should not need explanation to otherwise educated people in the 21^st Century. Nevertheless, Defendants apparently fail to recognize constitutional rights as inherently valuable and worthy of protection by the Court in their Motion. Violation of Section 183 of the Kentucky Constitution occurs when appropriate legislation providing for efficient common schools is not sufficiently present. That situation has come about with the acceptance by Defendants of the Common Core State Standards. Lack of efficiency in Kentucky schools, as defined by the Court in Rose v. Council for Better Education, Inc. (KY 1989) 790 S.W.2^nd 186 cannot be wished away as evidence of harm to a Plaintiff.

            This case involves a request for a declaration of rights. Plaintiff attended Kentucky schools, is a citizen of Kentucky, a taxpayer in Kentucky, a parent of students in Kentucky schools and asserts rights under KRS 418.040 that states when “an actual controversy exists, the plaintiff may ask for a declaration of rights, either alone or with other relief.” Defendants claim Senate Bill 1 from 2009 authorized the acceptance of Common Core. They cannot prove this because it is not true. If Defendants’ acceptance of the Common Core standards and all the baggage that goes with them involved no controversy, why would they feel the need to lie about their genesis and otherwise choose the decidedly sketchy KRS Chapter 13A administrative route to implementation rather than appropriate legislation? Defendants attempt at subterfuge so early in this case is telling.

CONCLUSION

            Defendants argue that Senate Bill 1 authorized acceptance of Common Core State Standards, which it did not. Defendants further argue that using the KRS Chapter 13A regulatory process to implement the scheme somehow absolves Defendants of their sworn allegiance to following the requirements of Section 183, which it does not. Defendants expect the Court to accompany them on this magic carpet ride to a place in which falsehoods and distortions by government officials wipe away centuries of jurisprudence carefully constructed to protect individual rights in the Commonwealth.

            Plaintiff requests the Court refuse to allow Defendants to abuse the system in this fashion.

 

A Kentucky ObamaCare reprieve drying up

For three more days, Kentuckians who don't want or need ObamaCare in 2014 but do need to buy health insurance still have an option Governor Steve Beshear doesn't want you knowing about.

You can still buy 2013, non-ObamaCare coverage at 2013 premiums for the next year through this weekend. After that, the option goes away.

The only place I have seen this is on www.ehealthinsurance.com. So if you know you aren't having a baby in 2014, aren't going in to drug rehabilitation or aren't otherwise an excessive premium-paying masochist, you might want to check it out.

Robert Stivers falling hard for ObamaCare

Kentucky Senate President Robert Stivers, an embarrassingly moderate Republican, is trying to quietly soften up members of his caucus so they might cave in to Gov. Steve Beshear on ObamaCare early in 2014. Fortunately, his plan is not going well.

Beshear needs the Senate to go along with his 2013 interim reorganization executive order creating Kynect, the Kentucky state-run ObamaCare exchange. If they don't, the executive order will expire and take the exchange and the funding mechanism for the exchange with it. When federal money runs out at the end of 2014, the federal government will be forced to take over paying for the exchange.

Beshear has talked Stivers into trying to bail him out of this mess before it explodes in the open, but almost no Senate Republicans are taking the bait. Stivers is selling a left-wing talking point that the state can run the exchange on a 1% tax on insurance premiums -- which is not true -- while a federal exchange could cost as much as 3.5%. There are two points he is trying to gloss over here -- first, ObamaCare participation is so low in Kentucky -- due to outrageously high premiums -- that Kentuckians as a whole will certainly be better off joining the three dozen other states opting out of the exchange and facing no drain on our state budget to prop up the Obama/Beshear pipedream than they will be if Stivers has his way. Second, if an Oklahoma lawsuit to be heard in federal court early next year is successful in forcing the letter of the ObamaCare law to be followed and ObamaCare penalties to be disallowed in states on the federal exchange, victimization of Kentuckians by this horrible law will be mostly eliminated when we shut down Kynect.

The vast majority of Americans are unified in defeating ObamaCare and for very good reasons. If you are represented by a Republican in the Kentucky state Senate, please call him or her and urge standing strong against Beshear and Stivers in their ObamaCare mischief. 

Were 280,000 Kentuckians abducted by aliens?

The initial group of Kentucky citizens forced off their health insurance by ObamaCare have less than two weeks left to sign up on Kynect to avoid a lapse in coverage on January 1.

 

Where the hell are they?

 

"Kentucky's media is missing the story of the unaffordability of the "Affordable Care Act" in addition to missing the story about Gov. Beshear illegally and ill-advisedly throwing us into the worst part of this mess," said tea party activist David Adams. "If all these people are herded up and put into ObamaCare, I wonder how many will wind up on Medicaid and it makes a big difference financially whether its old Medicaid or new Medicaid. Shut down Kynect and drop the Medicaid expansion nonsense and we are a big step away from the worst of this disaster." 

 

The 2014 General Assembly must address not only Beshear's unconstitutional Medicaid administration expenditures that start January 1, it must also find significant funds for Medicaid in the next budget and fund Kynect in addition to ratifying Beshear's executive order creating it. Legislators are less likely to do these things than they are to be picked up by the next spaceship passing by our planet.

Good morning, Al Cross!

Courier Journal political columnist Al Cross has been a rather energetic supporter of ObamaCare in Kentucky and somewhat resistant to seriously exploring evidence strongly suggesting his enthusiasm may have been misplaced. In a weekend blog post, however, Al shows signs of gaining a wider perspective:

As for Kentucky specifically, "Although a Kynect spokeswoman said the exchange has dealt with only 'minor issues' since it started sending enrollment files to insurers a month ago, she didn’t indicate whether those issues had resulted in flawed forms or if they’d been resolved."

Tony Felts, a Kentucky spokesman for Anthem Blue Cross and Blue Shield, told Politico that it's too early to say if the problems have been solved: "In general, the situation is the same for the state-run exchanges as it is for the federally facilitated exchanges."

Over the next couple of weeks, these problems and others with the Kynect debacle will become even harder to ignore. Hold on tight for a very bumpy ride.

Beshear upstages Obama with new health law lie

We already know that you can't keep your health insurance for much longer as ObamaCare rolls in. We. Already. Know. That.

Everyone capable of passing the fog-a-mirror test understands President Obama was lying when he said "if you like your plan, you can keep your plan." So it was noteworthy that Kentucky Governor Steve Beshear went to Washington D.C. yesterday to buck up congressional Democrats and tell them the tide will turn politically when eighty percent of Americans realize the "Affordable Care Act" does not affect them.

What planet are these people on?

ObamaCare is decimating health care providers and health insurance consumers as we speak. One-year delays (illegally implemented, I might add) have served to temporarily distract a lot of people who will no longer be distracted in just a matter of months.

Beshear's only hope is that mainstream media tolerance for being used like a bunch of two dollar hookers remains firmly in place long enough for some kind of point of no return to be reached. Fortunately, there really isn't one.

Jack Conway must not want to be Governor

Kentucky's Attorney General Jack Conway appears to have tossed away his chance to get the Democratic nomination for Governor in 2015 in a court filing on same-sex marriage.

Conway, a defendant in Kentucky Equality Federation et al v. Commonwealth, an ongoing case in Franklin Circuit Court, claimed plaintiffs Lindsey Bain and Daniel Rogers, a married same-sex couple, don't have standing to challenge our state definition of marriage and that their claim does not qualify as an "injury in fact" and it is not ripe for adjudication.

In a joint filing dated September 30, Conway and Governor Steve Beshear said they "deny that Plaintiffs are entitled to the requested relief or any other relief whatsoever." That won't go over well.

Public comment period on Medicaid expansion ends today

Just sent the following message regarding Kentucky's proposed Medicaid expansion to the Office of Legal Services in Frankfort as part of the public comment period for this huge waste of public money:

Expanding Medicaid as this proposed regulation attempts to do is a terrible idea with very negative fiscal implications for the Commonwealth. Statute requires administrative review of this action and same cannot legally be completed in time for a meaningful and legally required review process to be completed before the January 1 effective date. We lack funding in the current budget to pay the Medicaid administration costs immediately created by this regulation and the likelihood the legislature, which has not been consulted on this matter previously, will agree to fund more of the same in the next biennium is nonexistent.

 

This whole exercise has been a waste of time in contemplation of a waste of unavailable resources. We must end it now.

 

Thank you,

 

David Adams

121 Nave Place

Nicholasville KY 40356

859-537-5372

You may do the same today until the close of business by emailing Tricia Orme at tricia.orme@ky.gov. Reference 907 KAR 20:100.

Kentucky's ObamaCare constitutional crisis

Anthem knew Obama lied "almost immediately" in 2010

The best video clip of the ObamaCare "if you like it, you can keep it" scandal hearing today in Frankfort will be of an Anthem official admitting that Obama's "you can keep it" lie was identified as such back in 2010.

KET's video of today's Banking and Insurance hearing should be available in the morning.

Democratic members of the committee appear mostly ready to run as fast as possible from ObamaCare in the upcoming legislative session. We still await Kentucky Supreme Court action on Gov. Steve Beshear's illegal attempt to implement ObamaCare without legislative approval.

Another ObamaCare showdown in Frankfort

Tuesday morning in Frankfort government officials will hold a public hearing on the "if you like it, you can keep it" scandal. The Interim Joint Committee on Banking and Insurance will hear from officials at Humana and Anthem as well as Kentucky Department of Insurance Commissioner Sharon Clark.

The meeting will take place at 10 am in Room 149 in the Capitol Annex.

The Kentucky Department of Insurance claims its mission is to "promote sound, competitive insurance markets; protect the public through effective enforcement and regulation; and empower the public through outreach and education." Their utter failure on each of these points leads one to the inescapable conclusion that the department of insurance is corrupt or incompetent or both.

Hope to see you there.

An easy to fix part of broken Frankfort

If you liked how the Common Core science standards were voted down in committee in September but allowed to dumb down Kentucky public schools anyway, you probably like that the same thing happened yesterday when regulations for state ObamaCare exchange operations were also waved on through despite another overwhelming rejection by state legislators.

If Obama were working up a slogan for this kind of government, he might say "If you like having a voice in state government, you can keep it." Worse it's perfectly legal given how the statutes have been constructed.

Legislators should get to work giving teeth to the KRS 13A administrative review process so this sort of thing doesn't happen again. It would be quite simple to stop legislators from leaving meetings to bust up quorums and to prevent governors from ignoring the will of the people's representatives when they oppose him in this process. Anyone with a little courage willing to give it a shot?

Anyone?

Only 4,749 lifeboat seats in Kentucky

Two weeks ago, the Kentucky Department of Insurance admitted that 280,000 citizens would lose their health insurance to ObamaCare and last week Obama/Beshear said they might get a one-year break on that. Today, the Department said all but a few thousand people will have to go down with the ship.

Spokeswoman Ronda Sloan said in response to all the backlash to Obama/Beshear's dishonesty about market disruption caused by the "Affordable Care Act," that a "change would impact 2,656 policyholders (4,749 total covered lives)."

Only 275,000 more Kentucky victims (so far) need at least a temporary escape from this mess.

Angry yet?

Beshear caught in ObamaCare trap

Kentucky Governor Steve Beshear now has a choice to look like an idiot or a Scrooge. Health insurer Humana has quietly jumped at Beshear's offer to protect Kentuckians from crazy unaffordable health insurance in 2014, filing a rate increase request with the state for less than 8% -- one-tenth its approved request under ObamaCare mandates.

So right before Christmas, Beshear's Department of Insurance can either cave in on his ruinous, politically charged support for ObamaCare and grant the request or tell the hundreds of thousands of Kentuckians displaced by ObamaCare to eat cake.

If he grants the consumer-friendly Humana policy request, those rates will be lower than rates on the exchange even with the greatest federal subsidies, effectively killing the Kentucky ObamaCare exchange. If he refuses, public support for the ObamaCare fiasco -- and for Beshear -- will fall even faster.

We can't hold our breath waiting for the media to report this. Please support the effort to get word about this out to the people of Kentucky by clicking here and donating what you can.

Constitutional crisis in Kentucky won't go away

The Kentucky Supreme Court has neglected to expedite review of two ObamaCare lawsuits in December, dragging into 2014 a constitutional crisis that will not just go away.

 

"There is no way the General Assembly will ratify Gov. Beshear's second executive order creating the ObamaCare exchange, just like they didn't ratify the first expired one which set off this crisis," said David Adams, plaintiff in both suits. "They won't fund the exchange in the budget session starting in January, which means the exchange goes away at the end of 2014 anyway. Governor Beshear will start illegally funding the Medicaid expansion in January 2014, probably leading to a new lawsuit. Only the Kentucky Supreme Court can restore the rule of law in our Commonwealth. Failure to act is not acceptable."

Obamacrats fundraise on You-Can-Keep-it-Gate

As if we needed more evidence Washington D.C. is descending into full-blown idiocracy, the Democratic National Committee sent out an email Friday evening raising money to keep pushing ObamaCare down our throats.

"But you know what else would help get more people enrolled," asked Mo Elleithee, Communications Director for DNC. "If Republicans would stop their concerted effort to block the law at every turn. If more Republican governors would set up state exchanges or expand Medicaid. If Republican lawmakers would stop holding ridiculous hearings to score political points, and help folks figure out how to fix the problems."

Holding hearings and filing lawsuits would not be scoring "political points" if ObamaCare promoters weren't breaking laws and making healthcare worse and more expensive.

"Because under the Affordable Care Act, being a woman is no longer a preexisting condition," Mo said, spinning the fact ObamaCare forces men to obtain maternity coverage for themselves in the name of fairness.

"Republicans, though, have never really been interested in that," Mo continues. "They don't want Obamacare to work. They are actually afraid of it working. Why? Because they know once people begin to enjoy the benefits that come with a better and more affordable health care system, they won't want to give them up."

Yeah. That is what we're afraid of.

Text of Kentucky Common Core lawsuit

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

David Adams        PLAINTIFF,

v.     COMPLAINT

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

COUNCIL ON POSTSECONDARY EDUCATION, Robert L. King

EDUCATION PROFESSIONAL STANDARDS BOARD, Cassandra Webb

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

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

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

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

Serve: Robert L. King

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

Serve: Cassandra Webb

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

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

Plaintiff, David Adams, for his Complaint against Defendants, the Commonwealth of Kentucky, acting through the Office of the Governor (“Governor”), and Governor Steve Beshear, in his official capacity as Governor of the Commonwealth, Senate President Robert Stivers, in his official capacity as President of the Senate, Roger L. Marcum, in his official capacity as Chairman of the Kentucky Board of Education, Robert L. King, in his official capacity as President of the Council on Postsecondary Education and Cassandra Webb, in her official capacity as chairwoman of the Education Professional Standards Board respectfully states as follows:

I. NATURE OF ACTION

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

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

 3.  The judicial branch of the Commonwealth of Kentucky is the only remaining venue for redress available to Plaintiff.

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

II.  THE PARTIES

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

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

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

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

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

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

III. JURISDICTION

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

IV. FACTUAL ALLEGATIONS AND BACKGROUND

 A. Common Core State Standards

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

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

V. CLAIMS FOR RELIEF

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

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

VI. PRAYER FOR RELIEF

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

       Respectfully submitted,

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

 

    CERTIFICATE OF SERVICE

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

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

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

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

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

Serve: Robert L. King

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

Serve: Cassandra Webb

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

       _________________________________
      
       David Adams

Dear Virginia, Terry McAuliffe can't be Santa Claus

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

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

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

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

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

Tell Beshear to reverse Humana $65,430 truth tax

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

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

Is Kentucky ready for Damon Thayer?

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

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

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

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

Step away from Medicaid mirage, Gov. Beshear

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

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

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

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

When the truth is "complicated"

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

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

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

Any questions?

State thugs merely "providing new versions"

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

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

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

And then there is this:

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

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

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

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

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

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

Remember, we get the kind of government we tolerate.

Beshear tries to move ObamaCare goalpost

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

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

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

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

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

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

Go back to trying to silence concerned citizens, Governor.

Beshear trick-or-treats as "Brainless Horseman"

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

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

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

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

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

Kentucky ObamaCare's Theater of the Absurd

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

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

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

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

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

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

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

You can read the story here.

Jack Conway and his penny loafers

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

Jack Conway,

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

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

David Adams

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

A Kentucky ObamaCare question

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

We know that is false.

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

Vicki,

 

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

 

Thanks,

 

David Adams

859-537-5372 

Kentucky ObamaCare crash and burn

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

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

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

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

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

Whitewashing Kentucky's ObamaCare disaster

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

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

What say you, Abby Goodnough?

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

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

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

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

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

Frankfort's reproductive dysfunction

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

 

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

Christmas in October in Kentucky

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

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

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

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

Louisville Courier Journal still owes us one

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

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

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

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

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

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

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

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

Beshear's bad ObamaCare timing

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

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

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

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

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

Just keep talking, Governor.

Why Boehner and McConnell keep trying to cave on ObamaCare

 

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

 

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

Kentucky ObamaCare turnabout

 

 

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

 

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

 

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

 

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

 

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

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

 

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

 

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

Rand Paul should Ditch Mitch

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

 

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

 

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

Beshear's InvalidateGate heating up

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

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

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

Frankfort's head in sand ObamaCare game not working

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

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

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

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

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

Kentucky is Ground Zero for new fight

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

 

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

 

Fat chance.

 

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

 

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